Wednesday, June 15, 2011

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  • REQUIRE_GC
    10-16 12:32 PM
    I had only one lud after fingerprints code 3 (same Day - Thu day).
    :( Does that mean my case is stuck in Name check.??????????????? :(

    I have Fp done on 13th OCT. LUD on CASE STATUS on OCT 15, OCT 16.
    I had two fingers matched. I dontknow if it is normal





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  • mariner5555
    05-27 06:57 AM
    why did they come out with this statement ? maybe to tell state dept not to do this in future ? for many it will take 5 years for the visas to be available ..say EB3 - I with PD of 2006 who was lucky enough to file for 485 during the fiasco ..





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  • wandmaker
    08-23 05:27 PM
    I lost the hope of GC after working 10 years in US because my GC is not approving.

    Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
    Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.

    You can complain to DOL, if you have been paid less than a LCA amount. Also, you can complain to DOL, if the deduction of GC processing fee to DOL as it could have lowered the amount thats in your offer letter. You need have a proof that your company has deducted money for your GC from the paycheck.

    BTW, You have no legal grounds to get the revenue (aka % the company earned) the company made out of you during your tenure.





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  • sidbee
    06-10 01:47 PM
    Sidbee,

    thank you sidbee and i would pray that you would never be in this position. Its hard to stay home without at job and secondly, with H1B laidoff its even tougher.

    I was laidoff recently and i know the stress one goes through. That's the reason i am trying to help by making a IVjobhunters group. I have found my job and i have nothing to gain.

    Sidbee if you cannot talk good or help please shut your mouth. . If someone is asking for help ( Laidoff means Was terminated from work for no reason of yours).

    You have the right to ask your employer for one way return ticket to your home town. Its not just the international airport but till your home town, Its a law and you should get it.

    I was laidoff and i took unemployment benifits, Sidbee, Give me a lecture.

    J thomas


    You took me wrong.

    I meant , that if i was illegaL (laid of for 5 months) , i would just leave without making noises.
    I was giving my point of view.
    And yes if i was laid off today , i would fight to get my return tickets. But if i choose to be illegal for 5 months, than i wont.

    I have full sympathy, with whoever gets laid of on H1B, But thats the law, and i know it , and still i prefer to work on H1B.



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  • onemorecame
    10-22 02:43 PM
    Hi Gurus,

    I got You 2 A# number. one is from I-140 and other is from I-485 which i filled on July 2007.

    Is it any problem to get 2 A#? if yes then what should be plan of action?
    If No then which one is active A# number.

    Please advice.

    onemorecame.





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  • kawosa
    08-19 12:53 PM
    Yep, just passed level III , today. Now will start applying for the charter.

    you must be a happy man today! congrats again.....

    I got my charter in 05.. but still remember the day i got my results... one of the best days of my life..

    I really havent used it much though other than sponsoring my students for level 1. so what area of fin you in?



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  • rajeshalex
    07-09 09:48 AM
    1. check if ur H1 sal =Sal Received (considering 8k)
    If sal received - 8K > H1 Sal , then its difficult for you to claim unless he has given you some hike

    2 Does any of the pay checks mention any advance ?

    3 If you have to return 8k, you can ask him to reduce the tax which u have paid which will be 30% So you might return 5.5K

    Rajesh





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  • gcwait2007
    02-17 01:54 PM
    Please find enclosed herewith URL:

    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    which is relevant to your situation.



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  • trump_gc
    08-12 06:19 AM
    What if no birth certificate was available and we had submitted a non-availability certificate...will that lead into a RFE?





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  • immigrationmatters30
    06-04 07:54 AM
    1- how will be the process and how much are the fees?
    --You employer should handle this. You do not have to pay for anything. Paying for H1B fees is illegal and you should be avoid employers asking you to pay for H1B fees.
    2- How long does it take?
    Depends on how your employer files. If the employer files in premium processing, you should know the status in 15 days(assuming they don�t ask for any other documentation)
    3- Do I have to go back to my home country to get the new stamp for extension?
    After your extension is approved you can stay and work in US but if you travel outside of the country then you need to get VISA stamping.
    4- Is there any way to renew it in USA?
    No
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    -Not really.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    You should get your originals back. Next time you go for stamping they will ask for original, duplicates will not be entertained.
    7- Is there anything else that my employer and I should know and consider?
    You- Make sure you have real paying job in US with your employer.

    I applied for H1-B visa on April 2007 and the petition was approved from October 2007 to 26Th of September 2010 but when I came to USA consulate office to get the visa it became pending putting under administrative processing. It took almost 3 years to get the reconfirmation and last week I received the visa.
    The visa issuing date is 27Th May and the expiry date is 24Th August but there is another date in bottom right part of it as PED : 26 September 2010 which is my petition's expiry date.
    Now I am planning to move to USA for a long term stay so that I am selling my stuff, renting my house,.. and I just got confused by considering this date.Does this mean my visa will be expire on September and my H1 visa is just for some months? In this case does this mean I have lost 3 years of the total 6 years of the H1 visa? or the the officer issuing the visa on I-94 form in the ports of entry can issue the visa for 3 years as a normal H1-B visa?

    I have arranged with my employer to start the job on 10Th of July and I will enter USA on 8Th, so up to 26Th of September which is the PED date will be less than 3 months and if the white I-94 card that will be in my passport should correspond with the expiration of the petition, the total of my work duration, will be less than 3 months which really doesn't make sense at all but as it seems that's it!

    It seems now the only way is to apply for H1-b extension. So there will be these questions:

    1- how will be the process and how much are the fees?
    2- How long does it take?
    3- Do I have to go back to my home country to get the new stamp for extension?
    4- Is there any way to renew it in USA ?
    5- Is 2.5 months of work enough to apply for extension? or I have to come sooner if it is really necessary.
    6- In my first interview on 2007 they got all the original documents from me and never return them back to me. should I ask for duplication?
    7- Is there anything else that my employer and I should know and consider?

    I have to know the answers to these questions, first to arrange with employer and to see if they are interested and also to decide about our stuff, jobs, properties,... in my home country before entring the USA, otherwise it can be the loose of everything for us.
    Please help me



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  • krishnam70
    08-27 06:01 PM
    Krishnam70, they require police certificates for any country where you lived in the last 10 (not 5!) years. Also, fingerprints must be sent to FBI to get "certified", and that can take 10-12 weeks nowadays.

    NEVER bother the consulate with questions regarding your application status. Give it at least a year since they accept your documents. If you can't wait for so long, google "CAIPS notes" and use this process to get info about your application. However, if you have specific questions regarding your application/situation, the consulate will respond within 1-2 business days. Just make sure to include your file number (you'll be provided with it upon acceptance of your documents) at the top of each email message or response. I notified the consulate about my FBI fingerprints delay and asked some questions specific to my case. When I reviewed my CAIPS notes, I found out that they keep track of all communication, including email.

    I'm almost done with my Canadian PR process and moving with my family to Calgary in October.

    I am from india and a Canadian PR holder who has done successful landing. I did not provide a police certificate from India. I had lived in the US 4 years before I applied for Canadian PR .If you are applying from the US they do not require you to provide the PC certificate I think. May be you are correct about FBI verification, it used to take 3 weeks to get the fingerprints certified from FBI ( As i said the instructions are on the form so did not elaborate further on that). No phone correspondence with consulate is encouraged/possible during the wait time, all inquiries need to made using the fax/regular mail quoting your file number for reference and yoy will get response. CAIPS is a good way to see the progress but i guess u still need to wait 52 weeks either way to get started.

    cheers





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  • pappu
    08-15 08:41 AM
    what Indian congressional representatives or Indian caucas..etc are doing for Indian immigrants??
    do they have any word to say in this deep visa retrogression for indian origin?

    they will make any statement only if they are pounded by letters from us. if you want you can post their contacts on the forum and everyone can write letters to them.



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  • mayurcreation
    04-18 08:11 AM
    Date:

    Dear Sir or Madam:

    We are writing to confirm that Mr. XXXX was previously employed by our organization from date to date in the position of Programmer Analyst.


    In the position of Programmer Analyst, Mr. XXX was responsible for extensive analyze, design, develop, programming and testing software application using C#, VB.NET, ASP.NET, ADO.NET, from resume etc....

    During his tenure he had worked for Client Name1, Client Name2, Client Name3 and Client Name4 clients.

    Mr. XXX was employed throughout on a full-time basis, 40 hours per week.

    Very truly yours,



    (Signature)
    Name
    Title





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  • diptam
    01-16 12:45 PM
    indyanguy,
    Sorry to see that USCIS is bugging you. I think i know you from the "Letter to Ombudsman" forum ... I also got a useless RFE but not for experience letter, so you may use my experience letter as benchmark.

    I asked my friend ( who is a Project manager at my old Company) to getted it notarized ( what we call attested at India) from the local Bank. The Bank officer will just make sure the undersigned is the actual signee... No company HR will do all the crap , so its better to go via the Friend/Ex-coworker route ... Unless you get GC , you need to maintain old relationships :) anyway , here you go ....

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    May 05, 2007

    RE: XXX YYY


    TO WHOM IT MAY CONCERN:



    This letter is to verify that Mr. XXX YYY was employed by GGGGGG as a full-time Software Engineer from August 1998 to October 2004.During this period he worked 40 Hours per week.

    During the period of employment at GGGGGGG Mr. XXX YYY�s duty were to Plan, design, develop, test and document application software using XML, JSP,EJB,JDBC,ASP,VB,COMObjects,XSL,JavaServlets,Ja vascripts,DHTML,Linux,CSS,Domino & Lotus Notes,.Net,ASP.Net,SQL Server 2000,WebLogic,Websphere with ORACLE database in Windows and Unix environments.


    Mr. XXX YYY has always rendered his services with the highest degree of responsibility and professionalism and we wish Mr. YYY all the best in his future endeavors.

    Sincerely,




    _____________________________
    Mr. CCC DDDD
    Project Manager

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    Thanks.

    What is the difference between an affidavit and a letter? Affidavit is one that is not on a letter head and a letter is the one on a letter head or it depends on who is writing the letter?

    Does 1 each serve the purpose?

    With the initial packet, I had sent
    1 letter from Company A (By the director on letterhead)
    2 letters from Company B (1 from colleague on letterhead and 1 from HR on letterhead)



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  • dreamgc_real
    04-27 01:42 PM
    Thank you everyone for your reponds. We are going to have a wedding in August, 2010. Can we fill the I30 and other forms now or we have to wait until after the wedding?

    definitely after you get married. one of the important papers to send in will be your proof of marriage (marriage certificate)!!!!!!!! can't rush these things.





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  • gcformeornot
    02-11 02:39 PM
    Hi desi9333, let me answer your question in general and note that this is not a speculation on the OP's case. A common reason for L1 denial could be that the USCIS determines that the petitioner isn't really in a 'specialty' occupation. For example, if his job description mentions java programmer, then he is more likely to get denied since we know there is a surplus of java programmers in this country (US citizens, LPRs and our favorite H1Bs). Since I was on an L1 visa, I know the purpose was really 'specialty' occupation which means you need to be an expert on something that's not easily available in the U.S.

    To gchodhry, hope you get clarification and solution on your case soon, if you haven't broken any rules. Good luck.
    L1 is intracompany transfer. Means you worked for a foriegn company in some other country and you are expert in their technology(in-house) or products. And they require you at their office in US. That's where they should apply for L1 Visa.



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  • uma001
    07-24 03:41 PM
    More details are needed to answer this question better.

    I think that any time is a good time - it is better to start the process early. If the company is paying for the process - what is the harm. He should go ahead... If he is planning to leave the company and is required to sign some type of agreement to start GC process - then it will be a different story.


    Well, If they file it now, they get queries like ' Why do you need this guy when there are so many americans looking for job. Need detailed documentation and business necessities to sponsor green card for this person'...this happened to three of my friends recently.

    Finally it is up to you whether you want to go ahead now or later.





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  • rbharol
    08-15 04:05 PM
    IV is already working with USINPAC. if you know of any other indian orgs http://www.garamchai.com/desiassc.htm, pls contact them for support as an IV member.
    Pappu,
    Their site does not list "Retrogression" as an issue faced by Indians in EB catagory.





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  • delax
    07-16 08:55 AM
    USCIS decided a date Jun 1, 2006 to be current for EB2, so that Visa Numbers are not lost this year. This they decided on the basis of numbers of applications they were able to process by Jul 8, 2008. We all know that I485 Processing Date for NSC was Jul 28, 2007 and TSC was July 17, 2007. These dates were posted on Jun 15 and by July 8, might have moved by a day or two.

    Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.

    Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.

    In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.

    Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.

    Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.

    You may be correct about the PD see-saw but I am not convinced about the RD logic. I know of at least a dozen friends (EB2-I) with PD in mid 2003 who filed in June 2007 and were approved by Oct 2007. The RD during that time was in 2006.





    iheartindia79
    05-14 03:40 AM
    I am e-filing for EAD renewal.

    Are the following options correct for :

    1. Manner of Last Entry into the U.S.: "DA:ADVANCE PAROLE (DISTRICT AUTH)"

    Same for
    2. Current Immigration Status:"DA:ADVANCE PAROLE (DISTRICT AUTH)"

    and for Eligibility Status: "(c)(9) Filed I-485"

    Please someone who filed EAD renewal.





    zoooom
    06-17 07:59 PM
    How about this scenario..
    I invoked AC21 and changed job using my EAD. Now my new employer applied for my EAD and AP renewal. I got the approval for the renewal today....does that mean USCIS is ok with my application (AC21) or they will verify it at the time of 485 adjudication?



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