Thursday, June 9, 2011

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  • kirupa
    04-24 09:56 PM
    The new ones do look much better! I really like your 2nd New one :)




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  • Humhongekamyab
    08-11 03:19 PM
    Guys,

    I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.

    Congrats buddy.




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  • mingan
    12-19 01:51 PM
    I got 7 years of experience, i have submitted those experience letters while filing, what they are asking is that the job description is missing from experience letters.

    the companies which i have worked for they no longer exists.




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  • chanduv23
    09-29 11:50 AM
    09/27/2008: Senate Passed Consolidated Continuing Appropriation Bill, H.R. 2638

    * Today, the Senate also passed this bill by agreeing to the House H.R. 2638 which the House paased earlier. Here is the vote count. This bill now goes to the President for his signature. The President is expected to sign all of these bills, including Consolidated Continuing Appropriation, Reauthorizations of Non-Miniter Religious Worker Special Immigration, and Conrad 30 International Medical Graduates National Interest Waiver bills before October 1, Wednesday. Otherwise, the federal government is destined to shut down and the immigration reauthorization laws will sunset and gone. The President is anticipated to sign these bills by September 30, 2008.
    * Sad part is that the immigration reauthorization is valid only until March 6, 2009 just as the continuing appropriation act. Still, it is a good news in that most of the pending I-360 non-minister religious worker immigration petitions, Conrad-30 based I-140 petitions, and EB-485 applications related to these petitions are likely taken care of before March 6, 2009. The USCIS is currently holding in abeyance these petitions and related EB-485 applications pending the Congressional action. Since the Congress has now cleared the path, as soon as the President signs the bills, the USCIS is likely to pick up these petitions and 485 applications swiftly. Unfortunately, the Conrad 30 based EB-485 for Indians and Chinese may still have to deal with the visa number retrogressions in October 2008 Visa Bulletin. The non-religious workers do not have visa number problem as the visa number for these categories will remain current in October.

    What does it mean -- conrad 30 related I-140 and related I-485 will be taken care of prior to March 2009??? What is he trying to say there? Where can I find some more details on that bill.

    Its kinda confusing and really not that big or sensational.



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  • kittu07in
    08-20 05:46 PM
    I was with with Company A and my H1B approval notice was until 2011 and my wife H4 approval notice was also until 2011.
    Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
    In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.

    I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....

    Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
    And the old H4 approval notice is still in approved status when I check in USCIS website.

    Please help me in this situation, let me know all your opinion about this case.

    ~Thanks in advance.




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  • ivgclive
    05-05 03:54 PM
    Thanks to everyone who responded. So in summary, it looks like:
    * I can own a business on H1B.
    * I cannot take any proceeds/profits from the business, but can use it to grow it further.
    * I can work for the business as long as I don't take any money from it.
    - Can a guru please confirm this?
    * The business can buy me equipment and accessories to work.

    As everyone suggested, I will consult a CPA and immigration lawyer to confirm but wanted to get some initial idea.

    It is very simple, when you are on H1...

    You can work hard, even hard, kill yourself on anything without being paid.

    Here is the meaning for "Slave" in a well known dictionary..
    Slave
    1 : a person held in servitude as the chattel of another
    2 : one that is completely subservient to a dominating influence
    3 : a device (as the printer of a computer) that is directly responsive to another
    4 : DRUDGE, TOILER
    5 : H1B



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  • krishnam70
    06-11 05:13 PM
    Dear Viewers

    Could anyone please advice me on how to claim the unpaid salary from the previous employers.

    I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.

    Any piece of advice would be of great help.

    1. Send an email to the employer
    2. Send a letter with a proof of delivery and signature stating your case and that you need to be paid and reminding him/her of their legal obligation and give them 7-10 days to comply failing which you will report to DOL.
    3. If you have not received your dues, complain to your DOL immediately

    I assume that your legal status is not compromised by doing the above and you have a backup for maintaining your legal status in case the employer comes back at you by canceling your H1 etc.

    - cheers
    kris




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  • NKR
    10-09 01:27 PM
    i predict the november 2008 visa bulletin will come out on monday, october 13,2008. however, even if all categories will become current, it is still useless as the processing dates of the different service centers have processing times of july 2007. hence, almost everybody will not be able to have their papers processed.

    and when the processing dates move forward, the pd will retrogress. they will find ways to scr** this way or that.



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  • seekinggc
    07-16 04:59 PM
    Hi to all in this morass called Immigration to the USA,

    #1 I've got a suggestion : IF there is some way we can get through to someone intelligent (duh !) at the IT department of the USCIS, would that be of some help to check up on what's happening with the cases ?

    #2 My lawyer filed an I-140 in June of 2006 with a PERM labor of PD Dec '05. He filed it with a "copy" of the labor and case is still pending. In May he filed some paperwork with the USCIS about my case so that they (USCIS) would request a duplicate of the "original labor" from USDOL. All this sounds very complicated. I would like to know the experience of other people in a similar situation and what needs to be done to expedite this process ? My I-140 has been pending for more than a year .....

    Thanks !

    Hey,

    My I-140 was filed in June 2006. It was based on the LC Substitution from the same company..but filed with the copy of the LC. It has been still pending for more than a year with TSC. Last inquired with USCIS in Jan 07, USCIS came back to us and said it requires an additional review. But the LUD remain the same as June 2006.

    My lawyer said she will another inquiry with USCIS in August 2007 as 6 months waiting period will be over from last inquiry....




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  • glus
    11-12 10:16 AM
    Hi,
    I think that DOS, the visa office has the answer. This is insane. According to the 485 report released by USCIS some time ago, there were approximately 4000 ROW EB3 pending cases up with PD of up to 6/2002. As such, the dates should have been moved in December and moved a lot. Yet, they did not move it. I think I am going to write up a letter to Mr. Opperheim, or whatever his name is and ask why he did not move the dates at all.



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  • bharad
    08-11 11:07 AM
    We don't have a poll for 2004 dates, true guy has dates before Jan 2004 and you have it starting from Jan 2005




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  • ps57002
    09-04 05:12 AM
    any pickups from Queens area or Manhattan???

    also can someone give link to something that can be printed like a flyer re: rally on 18th?



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  • PD_Dec2002
    06-24 12:28 PM
    I agree with you.

    We are apply independently since both of us are in H1B status
    I presume that this marriage in foreign country may not be valid because the marriage was neither registered in India nor done according to Foreign Marriage Act, 1969, since both of us are citizen of India at this present time.
    However; we are working out with our parents to get married and register in India, but unsure when this will happen.
    You�re Thoughts please?

    I have no knowledge on this subject so I can't help you out here. As Ramba also said, seek legal help. Also, if getting married is important to you, your partner, and you are sure about your relationship, and if you guys are getting it done in India anyways, why not get a court marriage here ASAP before filing for your I-485.

    From a GC perspective, it "might" be better to have one I-485 application with spouse as the beneficiary rather than pursuing two I-485s independently.

    Good luck.

    Thanks,
    Jayant




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  • gcformeornot
    02-03 02:14 PM
    AILA/CBP Liaison Practice Alert : H-1B Admissions at Newark, NJ Airport

    Cite as "AILA InfoNet Doc. No. 10020237 (posted Feb. 2, 2010)"


    AILA CBP Liaison Committee Practice Alert
    H-1B Admissions � Newark, New Jersey Airport
    (2/2/2010)

    The AILA U.S. Customs and Border Protection (�CBP�) Liaison Committee received reports from AILA members that CBP inspectors at the Newark, New Jersey airport port of entry were apparently assisting in an investigation involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies. The inspectors� questions focused on who the individuals worked for, how their pay was computed, who paid their salary, their job duties, and what they were paid. In some cases, the individuals were subjected to expedited removal and visa cancellation.


    After inquiring with CBP headquarters (�HQ�) about these incidents, the CBP Liaison Committee was advised by HQ that several of these cases involved companies under investigation by U.S. Immigration and Customs Enforcement (�ICE�) and/or U.S. Citizenship and Immigration Services (�USCIS�) for ongoing fraud. CBP HQ noted that they use as much advance information as possible to target specific individuals who warrant additional inspection. HQ also noted that recent enforcement cases reviewed ranged from simple documentary deficiency to visa/petition fraud. Upon an inadmissibility finding, the determination to either allow the applicant to withdraw his or her application for admission or to subject the applicant to expedited removal is based on �the totality of the circumstances and reviewed on a case by case basis.� In the Newark enforcement actions, CBP Newark worked closely with USCIS � Fraud Detection and National Security (�FDNS�) and the Department of Labor � Office of Investigations. CBP HQ stated that those questioned were offered the opportunity to contact their consulate and that CBP officers contacted the petitioner and/or current employer when clarification was needed. CBP HQ confirmed that they screen ALL employment-based visa holders to determine admissibility and ensure compliance with entry requirements.


    In addition, on January 27, AILA members attending a CBP meeting in the Newark, New Jersey area were informed that a new policy has been instituted at Newark Airport. This policy involves conducting random checks for returning H-1B, L-1, and other employment-based visa holders. Based upon the initial check, if the person�s admissibility is questionable, then he or she will be sent to secondary inspection for further interview. In some cases, if CBP discovers discrepancies in previously filed petitions, then the applicant may be asked to withdraw his/her application for admission into the United States or be subject to expedited removal.


    During that same local CBP meeting, attendees were advised that if CBP discovers that a returning Lawful Permanent Resident has a post-1998 conviction, the Lawful Permanent Resident may be detained. The Newark airport port of entry has adopted a mandatory detention policy for crimes that were committed after 1998. In the event that CBP cannot get a copy of the conviction record in twenty-four hours, the person may be released. The only exceptions are that CBP will release a Lawful Permanent Resident for humanitarian reasons; extenuating circumstances such as if the foreign national is traveling with children and there is no one to pick up the children; or when the person is a sole provider for United States Citizen or Lawful Permanent Resident children. Please refer to the CBP Committee advisory as to the detention of returning Lawful Permanent Residents. (AILA InfoNet Doc. No. 09100122).


    Individuals with pending I-751 petitions returning to the United States via the Newark airport port of entry, who have a I-751 filing receipt documenting that an I-751 has been properly filed or an ADIT Legal Permanent Resident stamp, will be sent to secondary inspection for further interview to verify the validity of the I-751 Petition. It is unclear if CBP will undertake a substantive review of the I-751 Petition.


    In all cases, attorneys should remind their clients to thoroughly prepare for their trip to the United States and their inspection upon application for admission by reviewing all pertinent documents to their petition and to consider carrying evidence to support the assertions made in the petition filed on their behalf by their employer. Similarly, employers must be prepared for telephone inquiries from CBP officers at ports of entry to confirm the assertions made in any nonimmigrant petition and supporting documentation. Finally, employers must be advised that the government may review information in any public venues such as websites and other media for consistency with petition content. Thus, keeping such public information accurate and current is essential.


    Note the new fraud related language added to I-797 approval notices �



    NOTICE: Although this application/petition has been approved, DHS reserves the right to verify the information submitted in this application, petition, and/or supporting documentation to ensure conformity with applicable laws, rules, regulations, and other authorities. Methods used for verifying information may include, but are not limited to, the review of public information and records, contact by correspondence, the Internet, or telephone, and site inspections of businesses and residences. Information obtained during the course of verification will be used to determine whether revocation, rescission, and/or removal proceedings are appropriate. Applicants, petitioners, and representatives of record will be provided an opportunity to address derogatory information before any formal proceeding is initiated.


    Please do not forget to contact the CBP port director to follow up on case problems at a particular port. In addition, as needed, file complaints through the CBP complaint process referenced on InfoNet. (AILA InfoNet Doc. No. 09090364).



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  • knnmbd
    03-29 10:51 AM
    There is obviously a missing link here. Sending random faxes to senators with personal requests will only compound the problem and testify to the fact that we are a bunch of scatter brains with no real goal.

    You guys need to understand why the Advance Degree + 3 years H1B is included as an exemption. If there is some confusion please read my previous posts and look at the direction where the immigration reform is headed wit the F4 visa being such a hot issue and why it was passes by the SJC. Guys we do not want another S.1932 to happen, so please stop sending mindless requests that will benefit a certain group of people. The idea of this immigration vote is not just to benefit the illegal immigrants or the EB3 retrogression but also to address what the U.S needs from future immigrants. You need to take a step back to realize that the biggest winner here needs to be the UNITED STATES and not us or the illegal immigrants, and that�s when this bill will become a law. Hopefully there are more people this forum apart from Ramba that understood the ramifications of this vote.




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  • anilvt
    08-10 05:15 PM
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  • Dhundhun
    05-01 12:20 PM
    Hi Dhundhun,

    I too have the same issue of not getting any RN nor the checks are cashed. Its been a month now. Today I called USCIS and they told me to wait for another month since no one has touched the application yet.

    Thanks for this input. I'd call them around 10th of this month.




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  • PDOCT05
    10-29 11:35 AM
    Did you get the receipt for your dependent's 485 application or was it rejected before they issued a receipt?

    They issued receipt(starting with LIN 08XXXXXXX) and it came with the status as rejected. And infact they returned complete application.They asked me to correct and re-send the application to different P.O.Box after correcting.




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  • hpandey
    11-11 11:06 AM
    Either it is all a big mystery or a conspiracy. I agree with you that there can't be so many people from EB3-ROW from 2002 still waiting for their GC . Same with India and China. They are still sitting at 1st May 2001. I wonder how many people filed in 2001 that even after 10 years USCIS is still processing their cases.

    There is something going on behind the scenes and breaking ( or bending of the rules ). They could easily have prevented visa wastage all these years so the backlog could be reduced but do they ? Who's preventing them from using up all the visas and doing what is best for the applicants .




    hpandey
    04-13 02:16 PM
    COngratulations on finishing the long journey !! Keep visiting IV :)




    Blog Feeds
    11-30 03:21 AM
    Department of State Visa Office provided explanation of its monthly determination of employment preference cut-of dates and data used in determining employment based cut-off dates for December 2010.

    Each month, the State Department subdivides the annual preference and foreign state limitations specified by the Immigration and Nationality Act into monthly allotments based on totals of documentarily qualified Immigrant Visa applicants reported at consular posts and Immigration Offices, grouped by foreign state chargeability, preference category, and priority date.

    If there are sufficient numbers in a category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example: If the monthly allocation target is 3,000 and there is only demand for 1,000, the category will be "Current�. Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for the particular month, the category is "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.

    For example: If the monthly target is 3,000 and there is demand for 8,000 applicants, then it would be necessary to establish a cut-off date so that only 3,000 numbers would be allocated. In this case, the cut-off would be the priority date of the 3,001st applicant.

    Click here for a detailed chart with to demonstrate the above examples. Download file (http://www.visalawyerblog.com/visa%20allocationnumbers%20explianed%2011-22-2010.pdf)





    More... (http://www.visalawyerblog.com/2010/11/visa_bulletin_how_employment_p.html)



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