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  • aroranuj
    03-02 03:48 PM
    ^^^BUMP^^^ Guys please continue contributing...




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  • anotheroneonqueue
    08-26 05:14 PM
    Following is my observation from my last H1B extension from Vermont.

    You should be concerned if the extension is not approved before the expiry of the current H1B/I-94. Even if you apply months in advance, USCIS won't approve it till you are near your "old I-94" expiry date.

    My H1B has already expired. My only proof of H1B is the receipt of H1B renewal application.




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  • kshitijnt
    05-09 10:16 PM
    The views expressed in the context of sending grammatically correct letters is appreciated. As such, it would make sense if we can send the same letter, which would not only emphasize the same point but would be grammatically correct as well :)

    Sending poorly drafted letters may not speak well of our community please

    Regards,

    Saptaswara

    Sending a grammatically incorrect letter is much better than sending no letter or sending one in Jun-10. From last 2 days, I saw no one doing anything. Hence I sent my letter. Correct, I didn't spend too much time on it. If you so care for grammar when are you getting the correct letter out?




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  • WaldenPond
    06-28 02:54 PM
    Hello arnet,

    That is an excellent idea. We are already working closely with USINPAC. Here is some of info about this.

    http://immigrationvoice.org/forum/showthread.php?t=576

    USINPAC has been very helpful and has played a key role in guiding and helping us. We should all be Thankful to USINPAC for significant help that they have provided us.

    AAPI is another group that has been instrumental in getting our provisions in the bill.

    We have received positive results from many other groups. But no other group has been able to help us as USINPAC and AAPI.

    If anybody has any such suggestion or could provide a lead to any other organization or personality, please let us know. This would help us all.

    WaldenPond



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  • rc0878
    09-20 01:13 PM
    seshuvaidehi,

    You can use the following link to check the status of any application. Simply enter your WAC receipt numbers -:

    https://egov.uscis.gov/cris/caseStatusSearchDisplay.do;jsessionid=baclUg5aAK5E J5v5t4Jur


    Also you can use the same link to register your account, that ways you will automatically recieve an email, once there is an update on your case.

    Good luck!!!!!

    Labor Certified in June 2006-India
    I-140 approved Dec 2006
    I-485 filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
    EAD filed on July 23rd 2007 > Checks got cashed > Got Recipt:WAC ###
    AP filed on July 23rd 2007 > Checks got cashed > Got Recipt : WAC ###

    How do I check if EAD card has been ordered and/or AP approved?

    Your all are awesome and Thanks to Immigration Voice.




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  • sina
    09-19 02:41 PM
    Hi...
    All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
    Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.

    I am wondering if anybody knows based on what indicators the cases are being transfered from one service center to another? My I485/765/131 went from Nebraska, to Texas, to Vermont (frustrating, since Vermont has the slowest processing times for I485). Any ideas?



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  • pcs
    02-09 08:33 PM
    I am sending $ 20 ...

    Please keep sending emails to all members and encourage them to chip in regularly..




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  • logiclife
    05-03 12:56 PM
    Dish,

    Everyone here on this forum understands the frustration of H4 limitations.

    However, to say that IV has not done anything beyond media publicity is far from truth.

    I hope that you read the "Amendments" link on the homepage(top).

    These amendments sponsored by Sen. Brownback and co-sponsored be Sen. Alexander and Bingaman DID NOT HAPPEN AUTOMATICALLY.

    And they did not come from other organization or lobbying firm. They were introduced to the comprehensive bill on April 7(Just before recess) SOLELY due to efforts of IV, QGA, AAPI and the good staff at Brownback's office.

    I have to point this out because by saying that "IV has not done anything besides media publicity" is not true and it discourages people who have spent hundreds of dollars of OWN money to travel to Washington DC and lobby for these amendments. On top of that, core group members HAVE taken UNPAID TIME OFF FROM THEIR WORK to travel to DC. These things are not easy to get done. Unfortunately there is a partisan env now in Senate and the Comp bill's future is uncertain but had that bill been passed in Senate, it would have had amendments that come from nowhere else BUT Immigration voice.

    So please be kind to the group and have patience. H4 applicants have a bad situation, but there are some in our membership who have been laid off after 6th year and are looking to go back to India as their current employer would withdraw the pending labor. So these guys are GOING BACK to country of origin along with their H4 SPOUSES. Things could be a lot worse and one should be mindful that everyone has problems in their lives.

    thanks.



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  • ashwaghoshk
    11-17 03:07 PM
    Are we just supposed to enter our infomation on the form? or name, email etc? how does it go to our local congress men?




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  • laborchic
    07-11 10:11 AM
    Viceroy Lord Wavell and his assistants laughed when M.K. Gandhi told them that one day they will be forced to leave India. What they did not understood that they were not politicians, they were bureaucrats. When the political power behind peaceful civil disobedience was unleashed, a nation took shape, and what Gandhi told Wavell became a reality.

    Something similar repeated in United States recently when thousands of legal immigrants were given a cold shoulder, despite of their merit based claim for an American Green Card. They decided to apply Gandhian way of peaceful protest by sending thousands of flower bouquets to USCIS, an American agency responsible for immigration and citizenship. Instead of offering an apology, USCIS chief decided to again ignore the immigrants and simply issued a statement that the flowers will be forwarded to the injured service members recuperating at Walter Reed Army Medical Center. Once again a bureaucrat miscalculated the power hidden behind a peaceful protest. Now the power behind flowers is becoming a media mainstream story. NY Times, Washington Post, Reuters, Yahoo News are a few to name. Bollywood, has recently issued a statement providing its full support to Immigration Voice, the non profit organization behind the flower campaign.

    An American way of fighting injustice "A law suit" is on its way, the usual rallies and demonstrations are about to begin. However, in America, its first time after Martin Luther King Jr., that someone has tried to apply Gandhi's way to fight injustice. It is yet not clear that what would be the outcome of this campaign, but there are rumours that USCIS is already discussing internally to reverse the discriminatory decision which resulted in this flower campaign causing enough embarrassement to them.

    Its amazing to witness that 60 years after Gandhi's demise, his ideology is still relevant. We are sure its gonna remain relevant till there are Lord Wavell's in this world. Wavell's can momentarily laugh thinking that unorganized immigrants are helpless, but when the peaceful protest will demonstrate its political power, they surely will realize what Gandhi and Gandhian ways are all about.



    This one was the best... Where did this come from??



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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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  • subho
    02-14 04:43 PM
    I have donated $50.
    My Transaction ID is : 4DV82205KJ1236646

    Keep up the good work!



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  • sankap
    07-10 09:52 PM
    @Ramba:
    Nice assumptions...but we need evidence. Do any USCIS documents say they would need proof of a *running* income? (After all, you don't have paystubs for a future job in same/similar occupation.) Since GC is for *future* job, why can't self-employment in same/similar occupation, under AC21 and with *projected* revenues, be enough? Do they ask for paystubs and proof of long-term commitments/contracts in EVL-RFE?

    Re wages, here's Yates memo verbiage:

    Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
    Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is “same or similar.”

    Pls note that with current recession/depression, the "prevailing wages" for same/similar occupations have gone down--drastically in some cases (esp. IT). Also, you could open/register your LLC (by spending $400) for your self-employment to sound more "legitimate"--but that's certainly not a requirement.

    USCIS may not buy if no income shown thro the bussiness. One may have a simple bussiness model. However, they should be in a position to show documentary evidence that they are making similar money as per 140, and importantly they are doing same kind of work when self employed, and they have a long term commitment/contract for their bussiness. Then only they may belief that you are doing legitimate bussiness thro self employment. Just writing EVL in a letter head will not serve the purpose.




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  • knnmbd
    05-05 03:33 PM
    What drives the decision for a bill to be considered in Congress/Senate? WHY can't we pitch SKIL or TALENT Bills as a means to separate legal immigration from the ongoing CIR debate?

    If politicians are introducing these bills, they should be willing to back them up separtely instead of saying that these come into picture only if CIR fails. Or is the introduction of other bills a sign of CIR's imminent failure? Since the top IV team has the visibility with politicians, this hypocrisy should be resolvable. Please tell us why these bills cannot be taken up while CIR is pending? Isn't that what the lobbying company is supposed to help us with?

    No one is prepared to jeopardize their political careers over 12 million illegal immigrants. Thought I have said in my earlier posts that we cannot alienate ourselves from the illegal issue I think we need to take the next step and start to contact the senators who have introduced and backed the SKIL, PACE and TALENT act to see if this can be pushed through senate and congress as seperate bills.

    Is the core team looking in to this? There have been a lot of heated arguments on this thread as to the lack benefit to ALL LEGAL IMMIGRANTS with these bills, but we need to look at the bigger picture.PLEASE REMBEMBER THAT IF THE SKIL,PACE OR TALENT goes through a lot of people will benefit directly and will clear the way for folks that will not get immediate benefit from the passage of the bill.SO ALL OF US WIN,and that's important.



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    05-02 11:19 AM
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  • sts_seeker
    02-05 02:20 PM
    Hi All,
    I went to PR landing in Toronto in Oct07. No prob in Canadian Side. The issue is if you don't have stamped h1-B and are trying to use "AVR" rule, its scary. The officer harassed me and told me that I was trying to use the loophole of the system. He said that it's up to his discretion to let me in to USA. He highlighted the part in H-1b and made me read it as well. I had to talk about some excuse but would not listen. Finally he let me in and asked me to make sure and reserve a visa appointment for later date at us consulate at Canada. He said that you need to show that at least your are trying to make an attempt to obtain visa,not just go back and forth. When I came back I made a visa reservation and kept a printout of it. Later you can cancel it. It just depends on the officer whom you enconter.

    I even heard some officer even asked you to choose either Canadian PR or US PR if they know your AOS is pending but not both.
    So, Its little tricky but don't get too scared. Be polite to the officer, have a printout of visa reservation and tell them that it takes at least 3 months to get an appointment and I have to travel to Canada in emergency(pr landing)

    Thanks
    Sts_seeker



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  • Janisaris
    09-07 03:53 PM
    Guys,

    Since I have not received my receipts or my checks are not cleared, I am hoping that my case got transfered to TSC or CSC. Nebraska is now producing receipts for applications filed on the first week of August. I see this big void from July 3rd to July 20th that people did not get their receipts. How many of you got receipts in this time frame from NSC?




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  • vbkris77
    05-01 03:30 PM
    If our interpretation is correct, how many of you are willing to sue CIS??




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  • sunty
    11-21 11:37 AM
    Dear Mehul,

    First, I couldn't believe what you posted..Here we are worried about PD, Receipt Dates etc and then there is your situation...I am extremely sorry and sad to hear about your illness. I don't even know what to write....I feel so helpless..I guess we all are helpless here..God bless..




    dingudi
    03-23 11:47 AM
    Thanks for the reply kumar1. However, I never left the country after changing from F1 to H1b status, so I don't even have an "expired" H1b visa stamp in my passport, just an expired F1 stamp. I don't know if that will complicate AVR, so was planning on using my AP.

    Were you in a pending 485 when you returned after landing in Canada? Any issues with US immigration? That is my main concern; I especially don't like the idea of having an RFE attached to my 485 because of this.

    Also, can you comment on this plan I've been considering: I'd like to visit India too, so how about if I fly to Canada, get my Canadian landing taken care of, then fly to India from Canada, spend some two weeks in India, then return to the U.S. using my AP. Can you think of additional potential problems there?

    Thanks!

    I would advise not to go for your landing. At this point you need to make a decision whether you want to pursue canadian GC or US GC. If you have applied for 485 then it best that you not do the canadian landing. You may have issues when you come back to US. They may ask you why you went to canada and you cannot lie and have to tell them the truth. This may raise questions on your intent to pursue US GC. It all depends on your luck as to who you get the IO. I have heard of a case where a person got RFE on 485 after completing the landing.

    If you still want to do the landing then you should be prepared for RFE or NOID on your 485.




    EADplease
    09-20 04:13 PM
    I just called USCIS. The woman was polite but she told me there is nothing she can tell me since it is still within 90 days and she cannot tell me the receipt number. :mad:

    I gues it depends on who you talk to.

    Thank you very much!

    We're anxiously waiting for the receipt notice in the mail...



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