Sunday, July 3, 2011

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  • coolstonesa
    06-22 04:29 PM
    Here is the response from lawyer when I pointed him to the filing instructions on I-485 form:

    "The statutory requirement for employment-based immigration is that an ongoing employer-employee relationship exist at the time the I-485 is filed,
    and for a minimum 6 months thereafter. Any particular document used to verify this relationship is only valid for a relatively short period of time, before it becomes stale (i.e. 3-6 months).

    At the time of filing your I-485 adjustment of status petition, we included pay stubs to verify the current employer-employee relationship.

    If the I-485 is still in process greater than 8 or 9 months from today, Immigration Services is likely to request additional evidence of the employer-employee relationship, in the form of (1) the 2007 W-2 form,
    (2) most recent six months of pay stubs, and also (3) a current job offer
    letter.

    I proceed with the understanding that it is likely that the I-485 petitions will still be pending 8 months from now, and that therefore it is also likely that USCIS will require additional pay stubs, etc. verifying the employer-employee relationship."

    Generally speaking two recent pay stubs are sufficient to verify that you remain with the same employer. It is possible that if your petition is pending for more than 10 or 12 months, either a job offer letter or additional pay stubs will be requested.




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  • abhijitp
    01-24 08:01 PM
    People spending time on this thread, why not spend 5 minutes to print and sign a letter, then spend 82c and mail one copy each to USCIS and IV.

    Do you not like the idea of 3 year long EAD's and more job portability which will come from a revised definition of "same or similar" job description??




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  • ndbhatt
    01-29 08:48 PM
    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?

    Please consult immigration attorney.




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  • another_wei
    08-24 08:51 PM
    Service center was Nebraska, check cashed of course because got receipt notice in mail yesterday



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  • abracadabra
    07-07 09:24 PM
    We will only come to this forum. We are 100 guys ready in DC.




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  • purgan
    10-25 07:36 PM
    when american's from such third rate schools are not getting jobs, do you seriously think foreigners with their funny accents and relatively poor English communication skills (I'm Indian and can tell you its still a second language to me) can get jobs??

    The market has a way of regulating itself. As someone mentioned above, there were a a lot of H1 space available from 2001-03. But it never got filled because there were simply not enough jobs. Lets not try to set up govenment intervention here....let the free market decide....that is what made this country great.

    btw, NumbersuSA, FAIR and other restrictionist organizations have zero credibility because they oppose even legal immigration.

    That poll....don't impress me much...



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  • GC08
    05-04 09:08 PM
    I have to say, no matter how reluctant I am, that I am pretty depressed about the whole green card thing. I have always tried to have a positive attitude and I definitely know that there are a lot of things much more important than green cards. However, I do feel the emotional toll of green card retrogression. Maybe admitting, instead of denying, of the frustration, depression, and even anger is better and may help face it up.




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  • gc4me
    08-18 12:45 PM
    Are you sure that your application was received on Aug 8th, 2008?
    If ture then this is the shortest time I have ever seen for EAD approval.
    Lucky you!
    May be your Green Card producttion was ordered! Please share your experience.

    Hi,

    This is for my wife's first time EAD.

    Category: EB2, TSC
    Priority Date: June 20, 2006
    I-485 filing date: July 17th, 2007
    Paper based EAD application Received date: Aug 8th, 2008
    LUD : Aug 12th, 2008
    Card Production Ordered : Aug 16th, 2008

    That was pretty quick.
    Funny part is, I haven't received receipt notice yet.



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  • DallasBlue
    08-25 12:00 AM
    Quote:
    Originally Posted by unitednations
    If companies used h-1b the way it is supposed to be written then really the only people who would get one would be OPT candidates who joined while they are on OPT.

    That is not true - those who are qualified and for whom a job is available in the US will eventually make it here. If the requirement is genuine, then the company will go to India and get that skilled labor. Big companies have been known to hire talent internationally.

    No way; would an H-1b get filed for a person who is outside the country. Consulting companies would like to adhere to the laws. However; when their existing employees keep referring friends or friends of friends then as a protective measure they are forced to file the H-1b; or they risk losing the existing employee to someone else.

    Your argument that some consulting companies would like to adhere to laws, but are forced not to because they fear the employee will leave is sufficient reason for those companies to be shut down. There is no excuse for breaking the law, and that too intentionally. It is obvious from your argument these companies are greedy and give the rest of the H-1B visa holders a bad name.

    Keep in mind; the big problem currently is "transfers" and "extensions". Not so much quota cases. USCIS is not keeping up with the business norms. Many of the consulting companies do not have agreements with end clients and end clients will generally not give letters to consulatants to verify that they are actually working there.

    The only time I have seen a consulting company file an H-1b for a person (transfer) and they are not on project; is that the employee has lost the current job or their company wants them to go back home and they do not want to go back home. Employee will do everything possible not to go back.

    It is understandable that an individual will do whatever he can to better his social and economic situation. But it has to be done within the limits of the law. In your example, the consulting company should just say no. However, the company is greedy and wants to make money from the unfortunate situation of the poor guy who just lost his job.

    I always go back through an example I used to see in the work place. Two people at the same level and one has a bigger cubicle. Other person with smaller cubicle complains. End result is that they don't make his cubicle bigger but make the other persons smaller.

    Complaining or pointing fingers at one subsection of people using h-1b or greencards and getting uscis/lawmakers to fix it; it doesn't stop there. Eventually; it will come onto you. Many people on these forums/threads don't care about h-1b but only greencards. Do all of you think that it will only stop at H-1b's and won't spill over to greencards?

    Are you are asking the immigrant community to condone the abusive/illegal practice of a subsection of people because the USCIS will come after everybody? On the contrary, I would rather they looked at every case closely to ensure that there is a valid job offer and no abuse. And it seems that they are now doing just that. This would ensure a smooth process those who follow the law - so there is nothing to fear whether it is H-1B or Green card application.


    Having said that, the immigrant community should try to request the USCIS with some administrative fixes where the H-1B visa holder is not immediately out of status when he loses his job. If they give a grace period of three months or so, then one cae join either look for a new job, or wrap things up and go home. In the absence of such pressure, H-1B visa holders are less likely to find themselves in the hands of abusive consulting companies. The changes to H-1B proposed by Dick Durban and Co. only focussed on protecting american workers (which is all good). BUT, there was nothing in there that would protect the foreign worker's interest if he lost his job. We need to impress upon the congress or USCIS to give some grace period (which to my mind should be an easy administrative fix).



    Maybe we are getting off the topic.

    USCIS is giving a hard time for h-1b's.


    If vemont service center:

    ensure LCA is for client location and company location.

    ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).

    For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).

    for california service center:

    companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.

    get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.

    Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.

    For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.

    For extensions; file as early as possible so you don't have issues with your drivers license, etc.

    USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.

    When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.

    UN,
    am always puzzled how H1B is valid also for outsourcing the h1b-employee to another company (like sub-sub-.....sub-contracting) ?

    wasnt h1b intended for a inhouse job rather than a job at a client company ?




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  • ravish_kaipa
    12-10 01:48 PM
    Hi Proud American
    I just feel so sorry about your understanding of the modern economics. If you think , by asking foreign born workers to go back you can get more access to the so called "wealth" you are talking about , its time you enroll for an Economics 101 . It is your proud America that has long been shouting from the rooftops about the need to have more open borders, facilitate global transfer of knowledge and commodities . Anyway , I dont think I have to even argue with you as you need lots of orientation before I get into a meaningful debate with you . I am happy for one thing thou , that inspite of zealots like you America has had great visionaries in tha past that made this country the only existing super power in the world , else it would have been like another Eastern European country .
    Thanks!



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  • bestia
    12-16 10:19 PM
    Gym, yoga, work, birds - these things are just escape from reality. The reality is pretty grim. Imagine a new wanna be immigrant. He/she has basically two choices:

    1. Ask for asylum, come up with some story, try to get interview passed. If works - then that's it. If not, ask judge for work permit (usually they grant). And go through hearings, appeals, etc. etc. - takes total 5 years. Meanwhile, work whenever you want. make money, find a girl (or a guy for girls), marry - get your GC. At worst case scenario - you get caught, put on deportation, you cash your credit cards - and leave with $200k in your pocket. So, at worst - you get deported - which is fair.

    2. You read the law, you see that your only legal option is EB and you spend 6-8 years going through H1/LC/140/485, etc. Lose money, pay lawyers, pay taxes, miss opportunities. Even after you get GC, some douche bag IO might have a bad day, review your LC/140 and revoke it at any time until you get citizenship for some little reason. Even citizenship may be revoked because of "fraud". How many of you have LC done completely honestly, with interviewing all candidates and stuff like that? Meanwhile, if your company/lawyer screwed something up - you get deported, and you lost 10 best years of your life for nothing. In best case scenario, you get GC - which is fair.

    So in 1st case we have fair-win situation, in second - lose-fair. So, can anybody give me ONE reason why we chose 2nd way? Please don't start with "good karma" and things like that. But for real? What is that? What message USCIS is sending us? America is a country of law or a country of criminal opportunists?

    To me personally, this immigration thing is just a matter of principle, I'm not leaving without GC, period. I'm ready to have any of my stuff revoked, I'm ready for court battles - at the end I will marry a citizen. Reason? I don't wanna feel being a loser.




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  • pd052009
    02-04 10:58 AM
    I hope many people will contribute when the days are close. The sad part is that they do not realize that IV needs to know the collection amount details in advance to organize a mega event.
    50 thousand members and only 10 people contributed?

    Shameful. If this is the situation, will IV cancel the event?



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  • sss9i
    08-30 11:07 AM
    You are correct, NOT seeing main page.
    Everytime we need to look at page 92.
    IT people can create subaccount in Main page.
    Thanks.

    That may be the reason that this thread is not being updated frequently. Some one should create a fresh thread and link this thread.




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  • ThinkTwice
    07-11 04:43 PM
    I have mailed you the information.

    Hi Friends, I came to know about this protest and would like to pass on the information about the protest to Indian Student Assocaition [strength over 600 active members] at San Jose state University and possible Santa Clara University. I am sure my fellow students will be proud to contribute to the indian community. So, Kindly let me know more details ASAP becuase its already wednesday. My email is sampathg4@yahoo.com.

    - Sampath Gadamsetty



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  • Waitnwait
    12-16 12:50 PM
    I will recommend to read this book. Provides insights into your own personal nature and makes recommendations. Very helpful!




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  • simple1
    05-08 02:00 PM
    CFR22 is not the law. INA is the law. I could not find it in INA, that is all we need.

    Honestly, I dont care if they are eligible for FB2A.
    All I care is eb-dependents are not eligible for EBquota.

    why are you quoting and supporting the official mis interpretation above the actual law ?



    Is it still not clear for you? eb-dependents are NOT eligible for F2A.
    So we have to follow the regulation and the regulation (CFR22) mentioned specifically that eb-dependents are eligble for EB-category. Regulations and interpretations are there for a reason, and it has to be followed when law is not clear.

    I agree that INA doesnt specifically says that, but at the same time INA specifically rules out eb-dependents from F2A also. To be eligible for F2A you should be dependent of a permanent resident "at the time of application".

    You should probably stream line your effort to not count eb-dependents in any visa-numbers (since neither the regulation or law is clear on that part).

    You are still under a mis-concept that every word and sentence has to be quoted in "INA", and can ignore all official regulations and interpretations.



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  • GCNaseeb
    08-30 09:37 PM
    Got receipt notice for I-485/AP/EAD/ from USCIS today (8/30/2007). My package was delivered to Nebraska center on July/27/2007. Notice date is August 21st, 2007. My priority date is Dec/23rd/2003.

    :D:D:D:D:D:D:D

    Congratulations. Mine was also delivered on the same date, 7/27. Did you get the receipts or your Attorney? Is your case EB2?




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  • MCQ
    05-01 03:14 PM
    I have long been of the opinion - told to me by an immigration lawyer, that when you file your I-485 when the PD is current, and your dependents file also that only the Primary counts towards the quota, dependent GC's do not count towards the employment based visa quota - so this may be a moot point as to whether or not they should be in the family or employment based lists.
    Much like when you file for an H1B, the H4 for your dependants does not count agains the overall H quota.




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  • alterego
    12-10 12:58 PM
    Why don't posters on this forum move back to their home country and concentrate on making their home country great instead of slamming into someone else's country and just living off the wealth others have created?

    The bottom line is that a SKIL act is not needed. Hundreds of thousands of American programmers have lost their job to the third world, both in outsourcing and insourcing of third world programmers who work for cheaper wages. There is absolutely no need for more foreigners here and no need for more green cards. Temporary workers are just that - temporary. If you are on a temporary visa, work your time, make some money for your family and head home when your time is up. Don't cry that we don't provide enough green cards when you knew what kind of visa you were on.


    This guys ignorance is clear and not based in the reality of the world today. He and his kind think by keeping those like us out, they can influence the demand supply dynamics of the labour market, indeed shallow, hillbilly economics.
    That would perhaps have been true 25 yrs ago when capital was relatively locked in.
    The reality now is Capital is freely mobile even if skills are not (and that too is open to debate due to the Internet) and from the looks of the trade deficits, thats one battle america is losing. If the capital flows start reversing due to such things as immigration policies, they ought to prepare for a plummetting dollar, high interest rates, mega inflation, and shortages in commodities. That will make the movie Apocalypto seem like a gentle transition.
    His kind do not realise that skilled immigrants are not a threat, they are anchors of capital/investment to this country so that their kind can continue to enjoy their current lifestyle.
    Fortunately for this great land his ignorant/xenophobic kind are a vocal but ignored minority, the last election demonstrated this. Pity that the republican party which at its core has good policies, is infested by this group.




    shankar_thanu
    03-25 04:20 PM
    Mani_r1,
    Went to the Washington DC office in Fairfax (Prosperity Ave). Got an appointment for finger printing scheduled for April8




    fundo14
    05-30 09:56 AM
    Will I need passport size photos at the time of landing (like for applying PR or any other form) and if required how many photos are required.

    Hi Maag,

    I don't think you need the photos for lannding.

    As per my research this i the list of documents you need:
    � Passport
    � COPR
    � Proof of Funds
    � Few copies of a list stating inventory you wish to take to Canada in the future, list of "Goods to Follow" and when landing in Canada. Include Model Numbers and Serial Numbers of products if they have such numbers.

    Good to have:
    Birth Certificate.
    � Marriage Certificate.
    � Driver's License.
    � International Drivers License

    I am planning to do landing this weekend of early next week..just lilttle worried as i have already used AP so not ure what sort of situtation I will face while landing.

    Do you know of anyone in such situation or any experiance?

    Thanks



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