Tuesday, July 12, 2011

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  • yabadaba
    10-06 12:59 PM
    Cases Affected by Limits on Annual Immigration such as Retrogression: 793,722
    Family Based Cases: 682,936
    Employment-based or Other: 110,786

    this is what i dont understand. they say a visa number is deducted only when they can actually start working on the 485 (i.e when the priority date is current) so would it mean that there are still thousands of applications coming in every month for eb2 with priority dates prior to june 2002 that is causing this retrogression?





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  • gc_dedo
    04-28 08:08 PM
    http://www.flcdatacenter.com/

    Query for your company name and based on your priority date, you can get info about the job code etc.I had the same situation wher my employer did not share that info and i found out frm this one.
    Can you please provide details how to do the search at the site based on company name?





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  • optimist
    06-22 01:34 PM
    ...The idea is to have atleast a few solid evidences and then add in the rest but dont clutter the whole thing in a way that they miss the most important ones...

    I agree with what thomachan72 says. You are better off sending only the necessary documents to keep your case crisp, instead of confusing the adjudicator with reams of paperwork. I don't think you need to write a letter explaining non-availability of experience letter. I certainly DO NOT recommend bringing up the bond and other disputes with your previous employer.

    Like you discovered yourself, your case got an RFE because of the missing document. With all the affidavits, paystubs and offer letter you have a clean case. Don't mess it up by giving too many unncessary documents.

    Good luck to you, my friend.





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  • HawaldarNaik
    02-19 04:20 PM
    The last statement represents the typical 'Chalta Hai' attitude of an Indian Citizen...
    I still hope for the day....

    HOW do u hope my friend....you and I and ......our people, are who elected these cheats who have no morals, have stifled judiciary and its free for all...

    When all of us Indian Citizens say NOW....not i hope tomorrow blah blah..someone will come....

    are u waiting for Kalkee avataar....DONT.............. Become One...and bring change...



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  • Canadian_Dream
    10-19 02:15 PM
    That's very correct. But I think AILA or concerned folks like us should ask USCIS to clarify their stand on it. I am sure they will do it soon.
    Also, an approved extsnsion with the new employer is by no means a approval of your valid status. Simply speaking, there are various H1B approvals granted "that were approvable at the time of application". This doesn't mean that status is valid for the entire duration, one has to maintain the status by keeping the job etc and meeting the other requirements of approved H1B petition. That's true for extensions too it MIGHT be valid/approvable at the time of filling when your I-140 was approved and not revoked. If revoked you could be potentially out of status if indeed that was the CONDITION of the approval.
    Unless we know that CONDITION of approval (it could be unconditional approval too but it must be stated) we are not sure. If the USCIS later clarifies that CONDITION it could be applied retroactively and that means one is out of status during the whole time after the I-140 was revoked.
    I am not saying this will happen but it is essential to find out the CONDITION of apporval whatever it may be.

    The USCIS has not taken any official position on whether they would allow the after I-140 3-year extension to be transferred to another employer.
    Using this loophole looks like many of us have actually sucessfully tranferred the H1B to a new employer after the 6 year limit..

    As long as USCIS does not release any regulations...We can do this ....
    If asked officialy some attorneys say that it cannot be done and some are fine with that...

    Immigration laws are kind of applied sporadically and can be pushed to a certain extent





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  • pappu
    05-01 09:50 AM
    Not sure if anyone experienced this, but on 2 computers this site, antivirus software detected a virus & my work PC (protected with McAfee) is not booting up, IT said my hard drive has been corrupted. My laptop survived with a freeware anti virus. Please don't give me reds, this is what happened to me, I just wanted to warn any unprotected members of IV.

    This happened with me too yesterday and I wondered why it happened. I did get an alert message asking for this 'Trojan Horse ' to be put in vault'. It happened exactly while I opened this link and went to this site. Someone should send email to the owner of this blog to alert him.

    My computer crashed several times after that and I had to reinstall OS to get rid of this virus. I am now in the process of installing all softwares again. All my strong anti-virus defense systems failed to stop this virus.



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  • gcforpal
    08-14 04:31 PM
    My wife and daughter planning to go to India next month. They do not have H4 stamping but H4 validity is there up to next year. Plan is to come back after receiving AP. I am thinking that once their AP is approved I will send their AP to India, and they will come back using that AP. Experts, do you see any problem in this. Please share your thoughts.
    Thanks, Regards





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  • indigokiwi
    03-31 01:04 PM
    Done.



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  • vjkypally
    07-18 05:42 PM
    Funds are really needed but another important thing is to leverage the momentum obtained due to CIR and more recently July Visa fiasco.

    I think iV should aggressively focus on recapture of visas, 1 visa per family(Hillary Clinton already supports us on this and we can rope in Zoe loe****
    who supported us now) and also removing country based limit.

    Momentum is very important and now is the time to restart and I m sure funds ll flow. Removing country based quota is the easiest one to target first.

    Cheers





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  • paryaniafroze
    03-26 01:22 PM
    Hi,

    My mom is going for the Tourist Visa to Chennai on 31st Mar, 2008. I am in US presently and my brother could able to arrange for the birth certificate. A big blunder, my mom name is blank in the birth certificate as they have prepared the BC keeping in mind my SSC (10th Certificate which doesn't have mom's name, ofcourse). Whether an affidavit from my mom + the birth certificate without my mom name in it, will solve my problem?


    My name as per passport First Name: Afroze Last Name : Mohammed

    As per the BC certificate Name: Mohd Afroze ( As per 10th Std spellings), whether it will create any problem?


    Please suggest me 31st March is approaching .................
    Thanks,

    Afroze



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  • desi3933
    07-07 02:33 PM
    ......
    3. Provide simple letter from employer with an affidavit or something stating that the new job is same / similar as the old job.

    Sorry for a long post and thanks for any suggestions.

    Simple employment letter with details of job title, salary, and job duties should be enough to demonstrate that new job is in same/similar classification as your labor/I-140. The letter must indicate that job is permanent and full-time.

    Do you have employment offer letter? That letter should also list job title, and duties.


    ________________
    Not a legal advice.





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  • sbajaj80
    09-14 01:04 PM
    Does anyone know if there is a time frame (say 60 or 90 days) within which they have to approve your EAD, AP & 485 after issuing the receipt notice?



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  • eb3_nepa
    06-16 10:59 AM
    Hello everyone. I was following the "IV in the News" Thread and I saw something that may be the reason why the layman thinks IV is an "Indian Organization".

    DISCLAIMER:

    1) Now b4 everyone jumps down my throat, i want to mention that i KNOW how hard IV core and supporting members have worked to get these articles into the media and I MORE MORE than appreciate that fact.

    2) I am not trying to play "seperatist" here (as in Indians v/s Non Indians).

    Now for the facts. I was going through the articles one by one and I compiled a list of articles matched up with a list of names. I have posted first names only.

    NBC Nightly News: Thurs March 30 -> Shiva
    Philadelphia Inquirer, Apr 8, 2006 -> Nozer, Kartik, Shreyas, Srikanth
    News & Observer, Apr 12, 2006 -> Sarath
    Washington Post -> Aman & Shilpa
    Fox News Wkend Live 1:15 EST -> Aman
    Austin American Statesman front page, May 8, 2006 -> Nilesh, Ashwini, Pratik
    Diversity Inc, May 13 2006 -> Aman, Jitendra
    Tulsa World, May 23 2006 -> Salil
    MSNBC, May 22 2006 -> Aman
    World Journal News, May 27 2006 -> Chinese News article but also mentions the IV is started by Indians.
    Baltimore Sun Headlines, May 30 2006 -> Raj, Bharati, Shilpa

    This list includes my name as well. If we observe carefully, almost all these articles have only Indians speaking out in the media. I know that these articles come up on the spot and the media team sometimes has only a few hours to report a candidate to the reporter. Also i know that a lot of these interviews were done by the core memebers themselves on the spot.

    All I am saying is that if more such articles are done in future, can we have the Non-Indian members also step up and contact the IV core/media team coz this would truly lend a "multi-cultural" look to IV. The lay-person american does not know what IV is comprised of. With them What u see is what u get. They see Indians in the media and on the news speaking out about the Immigration wait times and they think IV is an Indian organization.

    This is a request to both the core team and the non-indian active IV members to please step up and co-ordinate future (such) events so that multi-cultural faces can be seen in the media as well as when we go to meet the Congressmen.

    Once again, no disrespect meant to either the core/media team or to the non-indians on this forum. I hope people can see my point. (I am an Indian citizen myself). If efforts in this direction are already being taken, i apologise in advance.

    One point of mention. I read the article "Valley News, May 21 2006" & I saw people of a lot of nationalities speaking out about the Green Card process. That was really good to see.





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  • vjone
    04-06 03:26 PM
    HOUSTON: A federal jury has found five people guilty of conspiring to obtain fraudulent work visas for nearly 90 Indian nationals in exchange for at
    least $20,000 per visa, the US Attorney's Office said.

    Mahendrakumar "Mack" Patel, 55, Rakesh Patel, 36, Alberto Pena, 38, Bernardo Pena, 38, and Marte Othon Villar Sr, 48, encouraged and induced the illegal immigration of Indian nationals in exchange for tens of thousands of dollars per visa, a statement from the US Attorney's Office said yesterday.

    The jury found that Alberto and Bernardo Pena, twin brothers from Brownsville, along with co-defendants had encouraged and induced 87 individuals from Gujarat to unlawfully enter US on temporary H-2B visas, knowing that the Indian nationals did not intend to work for the company that was used to get visas for them.

    The brothers also knew that the visa-seekers did not intend to return to India when their 10-month visas expired, a statement said.

    Pena twins also travelled to India to assist the Indian nationals with the application process and visited and corresponded with the US Consulate in Mumbai.

    Two other co-defendants -- Mack Patel of Ft Worth and Rakesh Patel, a Houston pharmacist -- pleaded guilty for recruiting Indian citizens who were willing to pay $20,000 to $60,000 in exchange for visas to enter the United States

    Link : http://economictimes.indiatimes.com/articleshow/4359174.cms



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  • HV000
    04-03 11:21 AM
    I was hoping that AILA would ask questions on capturing unused visa numbers and EB visa usage per year from USCIS!





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  • nuke
    01-03 02:58 PM
    I think its good idea to try to add just one demand i.e. I-485 filing provision without current priority date into Supplemental resolution bill. But I think it will be really nice to try to get ability to change employer without waiting for six months(after filing 485) into the bill also. So that person can invoke AC21 without waiting for six months. I think both of these provisions go hand in hand.

    Does anybody know when the next session is starting and when are they going to start discussing this bill and when will we be able to find out if our provisions are there or not?



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  • immilaw
    09-29 01:12 PM
    Wata,

    If I were you, I would rather wait atleast till Nov 2006 before converting I-140case to premium processing because as you said NSC is currently processing I-485 cases for Dec 2005 and it would take 5/6 months more from now to come to June/July 2006 to process I-485 at current pace. But Again this is my personal thought....

    Moreover, in order to take advantage of AC21 portability you I-140/I-485 case has to be 6 months old. So getting I-140 approved through premium processing does no good as you would have to wait till Dec 2006 anyway for your I-140/I-485 case to become 6 months old.

    Thanks,
    Law Loving Alien

    Law Loving Alien, I suggest you change your name to Law Loving "Legal" Alien ;)





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  • gsc999
    03-03 07:19 PM
    is it even legal for you to pay for G.C.

    by law i think your company should pay for all G.C. related expenses..

    correct me if i am wrong
    ---
    Threads like these may be used by anti-immigrants to highlight fraud in H1B visas. Employer pays H1B and green card costs, Period.





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  • cnag
    05-24 01:24 PM
    Sent fax#15 from CT!!!!





    Macaca
    02-05 01:57 PM
    As I have argued in another post, this does not mean that the office is not aware of the problem. I think it means that they know the problem but don't have a good answer. This is a common strategy when you don't have a good answer.

    I put the line "I am not requesting H1B quota increase" as my first line. I still got the above rant. The last line says they will keep EB GC issue in mind. They know the problem.





    hpandey
    03-18 11:05 AM
    If this is a sad story wonder what you would call people who have to wait for months and years for H1 approvals and LCA approvals.

    My wife's and my labor took four years to approve .. H1 usually took anytime from 60 -90 days everytime ..

    You should count yourself one of the lucky ones !



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