Monday, June 13, 2011

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  • wandmaker
    12-31 12:30 PM
    hi All,

    i'm new to this forum.please advice on my situation.

    I was on F1 earlier and now I am on H1b from jan 2007.
    I am the first person for whom company filed H1B and got approved.
    I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
    If i go for stamping to mexico, What sort of questions i will be asked?

    Please help me ...

    Thanks

    It is very risk to go for stamping, any consular post with only one person working for the company. If you wait for an year or so, company should be able to back you up with enough financial paper work your stamping. Additionally, you will also have documents to prove continuous employment (pay stubs, w2 and tax returns). Also PIMS verification has begun at all consular posts, resulting at lease 4-7 business days of delay in visa issuance. If I were you, I would wait for a while and create enough documentation for successful stamping. My 2 cents - decision is your personal choice.





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  • kshitijnt
    12-04 02:39 AM
    I am not sure why it's so hard to understand what I want :)

    1- My wife's h4 visa will expire after 4 years
    2- I already have my h1b extension
    3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP


    Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?

    You never told anyone that ONLY you filed 485. Generally this is not the case.





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  • GCBy3000
    09-09 08:49 AM
    Add you have to be logged in message somewhere in the top. Many members does not know that they have to be logged in to participate in the poll.

    Please respond so that we can get an idea of the distribution of EB cases. Thanks to MrWaitingGC for the initiative.





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  • sapota
    08-24 02:53 PM
    Unconfirmed reports say that PP for EB3 will be introduced before PP for EB2. True?

    Why would they discriminate ?



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  • morchu
    04-22 09:41 AM
    Since your H4 COS is not approved yet, you are not YET in H4 status.

    So you need to prove your current status based on pending H4 petition as well as your H1 paystubs. That is why you need to submit the pay stubs.

    Your COS may get rejected (even the H4 COS), and in that case you need to travel outside get an H1 stamp and come back.

    This is a typical situation where you should file for Premium Processing (of H1 COS).


    Thank you for the quick response. I see that you are in Center City Philly. My prospective employer is also located in the same area and he does not have an immigration attorney, may be I can retain your services.

    I understand the 'Yes' to the first question.
    For the second - I do not have the most recent paystubs as I have not been employed for the past 2 months. In addition, I cannot provide paystubs for any period in 2009, that I was employed as I was not paid by my employer.

    The last paystubs I have are for Sep 2008. I also have W2 for 2006, 2007 and 2008 (though 2008 one is deficient for 3 months).

    Is it possible that I do not submit my paystubs and W2 and only submit my earlier H1 approval notice, valid I-94, and Pending H4 COS Receipt Notice? With this documentation, can we expect an H1 approval and in the worst case expect COS denial?

    I am thinking, if H1 gets approved, I will travel abroad and obtain a new I-94 at POE.

    Please recommend a safe approach. The new employer wants me to begin in 3 weeks, and I am wondering what is the best approach.

    Thank you in advance for your time and recommendations.





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  • gcseeker2002
    11-04 10:26 AM
    Did u take Infopass appt. for EAD & AP together...? On the infopass form once fill only one receipt # right..?? My application was recd. by USCIS on 7/7...90 days is from recd. date...isn't it..? and not Notice date.? 90 days will be up for me by tomorrow 11/5..I still have no EAD & AP..! Can i take EAD & AP appt. together on same day for Infopass.? Or should i call USCIS reg. my case...Thanks..!!
    There is no option in infopass to take both ead and AP. I took the one for interim-EAD , but like I mentioned above, this tuesday it will be 2 weeks after infopass and still no EAD for me, wonder how AP got approved without EAD , does it happen like this ?



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  • srikondoji
    10-18 04:49 PM
    I will vigorously start buying megamillions and powerball tickets twice as musch as i do now. Atleast getting powerball lottery is better than getting GC through EB2 and EB3 category probability wise.

    go powerball
    go megamillions





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  • gcbikari
    08-14 04:58 PM
    Next time check out this forum (http://immigrationvoice.org/forum/showthread.php?t=20900) advice before you send your fotoes. Just kidding.



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  • godspeed
    03-08 12:30 PM
    A good way to start the week, glad NSC is coming out of its slumber

    My PD of JAN 27 05 became current with the March bulletin. While folks from TSC got GCs from March 2nd itself, NSC seemed to have little action.

    By some random combination of POJ options, which changed recently, I managed to get a service request in on March 2nd (Type of service requested: -- Outside Normal Processing Times). The same day, I had Infopass and I was told its been "Preadjudicated, under review" and there was some recent movement on my case (transfered internally). This got my spirits up, but in just 2 days, I got a pretty horrible response to my SR, which made me feel this is going to be an uphill battle:



    I was about to contact the state senator today, but early today morning we got our CPO emails.

    My case is pretty straight forward:
    Processing center: NSC
    PD: JAN 27 2005 non perm which got approved just in time for July 07 fiasco.
    I-485: July 07 filer
    RFE in Nov 2008 (immunizations for wife, she had taken certain waivers due to pregnancy --- and Employment verification for myself)
    Approval: Today (March 8th 2010)





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  • alseethis
    06-11 01:00 PM
    How is the market? I want to share my history and see if the situation is the same in other places.
    I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
    At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
    Today we are trying to hire another programmer and so far, 1 month, no one show up.
    I don't know if this situation is happening in other places, but from our experience since 2003.
    - there are not many americans interested in IT ?!?
    - the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
    - due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.

    My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.

    Again, anyone seeing the same in other places...



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  • angelfire76
    05-31 06:10 PM
    If I remember my Uncle's word correctly, it was Ted Kennedy who was instrumental in relaxing (changing) the rules for future immigrants in 60 or 70's. Only then, we saw a huge increase in immigrants from India especially doctor's and engineers in 60's & 70's.

    Obtaining Green cards (or permanent resident stamps in the passport) at the port of entry if you had a degree in medicine or engineering and a job offer from an American company. Of course the total population of Indians in the US even until the late 80s was about 900 thousand. Only when the tech boom started in 1993-94 did immigration especially from India go up rapidly.
    Also unlike now, a H1B was strictly for 6 years, no extensions until you spent 1 year outside the country and came in on a fresh petition.





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  • Libra
    09-15 08:32 PM
    All east coast people should not miss this opportunity, this is the only chance to get things straight. com on guys, if you can't take one day off, no one will give you GC in years. when people are coming from wahsington, why can't you? change your mind, you have other four days to make up your hours at work



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  • logiclife
    01-05 01:42 PM
    In addition to that, there is a 90% chance that there will be an inquiry from USCIS when change of status petition (B1/B2 to H1) is filed, mostly asking the routine questions and the query would have to be replied by a good attorney in a proper manner.

    That would cost your friend here some money as replying the USCIS inquiries is pretty routine but its not free and lawyers would charge you $$ for that. If you are doing this thru a small company, the company might charge you / your friend here for reply to the USCIS query. It would be a minimum of $1000 to respond to such inquiries by an average attorney.

    Its better to go to India, get a fresh H1 approval (I-797) for yourself, get the visa stamp of H1 on your passport in India and then come here. You wont be able to start working until Oct 1 anyways.

    Also, please dont open 2 threads for the same question. I am going to delete the other thread.





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  • Blog Feeds
    08-08 09:40 AM
    AILA Leadership Has Just Posted the Following:


    http://4.bp.blogspot.com/_BVX2dyjOs1A/SnyKP4I2AfI/AAAAAAAAABo/xxBIaRdCMAs/s320/investigator+image.jpg (http://4.bp.blogspot.com/_BVX2dyjOs1A/SnyKP4I2AfI/AAAAAAAAABo/xxBIaRdCMAs/s1600-h/investigator+image.jpg)
    As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not an exaggeration. It is true of an agency still steeped in the "Culture of No."



    Many of you remember the Religious Worker "Benefit Fraud Assessment Teams" that went out to make sure that the Catholic Church was actually still in business. The ability of the USCIS to conduct effective program reviews, rather than just sticking with its core strength of adjudications is rather dubious, to say the least. Recently AILA shared some information about a "new" benefit fraud assessment program in which USCIS is beginning to use the millions of dollars it has received over the last decade from the "fraud fee" in the H-1B program. This new program involves the hiring of a private contractor to send "investigators" out to conduct 25,0000 site visits to H-1B employers to verify if the H-1B employee is working at the employer and performing the work as outlined in the H-1B petition. Yesterday, a client of mine received such a visit, and thanks to a terrific Human Resources Professional, we have a brief report of the scope of this style of fraud "investigation:"


    The investigator came back yesterday. Her name was ______________. She indicated that she was a contractor hired to conduct these investigations (this is similar to the investigators that conduct the background investigations for government clearances). She had a badge with a picture.

    She first met with me (HR REP). She asked me some very basic questions about the company, what we did, how many employees we had, work hours, office locations, etc. She also asked me how many employees we had on H1Bs, how many we had sponsored for permanent residency and how many total of our employees are legal permanent residents. It was hard to answer these off the top of my head. She said approximate numbers were ok even after I offered to get an employee list that I could look at to get her the exact numbers. She then asked me a couple of questions about the H-1B employee � what he did, his salary, work hours and start date. She asked me for ID so she could verify that I was who I said I was and she asked to see a W-2 or pay stub. I didn�t have either so I showed her the payroll register from our last payroll which satisfied her requirement. She then met with the foreign national employee for a couple of minutes. He said that she asked him about his job duties, work hours and salary. She also checked his ID. She asked me for a quick tour around our offices and left.

    It was a pretty quick process. None of her questions were hard to answer � hopefully we passed. She was very nice and professional. I did apologize to her that I missed her when she came over the first time and she said that they want their visits to be �surprise� visits so unfortunately this is a problem they have to deal with.

    The foreign national employee did tell me that he asked her if he was selected randomly and she indicated that he wasn�t � I guess they are going to be doing this for everyone.

    You can see from this brief report that we as attorneys have yet another issue with which to deal. Now we must advise our clients of these waste of time investigations not targeted to find those employers or employees abusing the H-1B program, but rather designed to throw as much enforcement as the government cannot afford at a problem that does not exist in order to justify jobs and and the expense of a program that should be more effectively and efficiently run. Just what we need in the middle of an economic downturn, more government regulators! Where is John Galt when you need him?


    What makes the expenditures of these funds in such a random way even more outrageous is the recent report noting that the number of affirmative filings to USCIS has decreased by almost 50% (http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-meltdown-green-cards,1,2640213.story) year over year at the USCIS. Because USCIS's budget is entirely dependent on fees paid by users, the question becomes this: why is USCIS spending money on a program "looking" for problems when they would be better off using their resources to solve the problems they already have as an agency and better manage the extant operations that need to run more effectively.
    https://blogger.googleusercontent.com/tracker/186823568153827945-7219682141896598992?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/08/uscis-h-1b-investigations-run-amok.html)



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  • ski_dude12
    12-01 11:40 PM
    We got an RFE on my wife's I-485 requesting for copy of marriage certificate. Our priority date is August 2005 (EB2). ND is September 05, 2007.

    Anyone else in the same boat? Does this mean USCIS has began processing the 2005 apps?





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  • chantu
    02-28 08:40 PM
    Hi,

    Today I received I140 RFE. I do not know whether it is serious issue or not? It states that my employer has to:

    Submit evidence to establish that the petitioner (i.e my employer) had the financial ability to pay the proffered wage as of "Some Date", priority date and continues to have such ability. Such evidence must include annual US federal tax returns, or audited financial statements. You may also include additional evidence, such as profit/loss statements, bank account records, personnel records. If you employ 100 workers or more, you may submit a statement from the financial officer of the organization, establishing your ability to pay the proffered wage.

    Can somebody please tell me whether it is serious issue or it happens generally? My employer said he will send all the documents next week to USCIS.



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  • eastindia
    04-22 10:10 AM
    This is all election fever and fear, they could have easily passed or amend Legal immigration first before taking CIR. Legals are SCAPE GOATS in the hands of Hispanic Caucus.

    Please go and talk to Hispanic Caucus about it. Maybe they will listen to your desperate call for help and suffering.

    Tell them you want to buy bigger house, fancier car and get promoted to make more money. You cannot go to Europe vacations or on a Cruise without a greencard. Your wife cannot also make 100K+ money as much as you make and so your kids are starving. Tell them that you are very educated and have Ivy league degrees. Despite all your intelligence and smartness, your employer is exploiting you and not giving promotions.

    Then say your problems are more important than problems of undocumented. They are anyways subhuman and you do not care if they do not have food to eat, get exploited, do not get medical care or have a roof above their house. They should all be jailed and deported like animals. USA is a rich country and can easily round up 13 million people and deport them. Suggest some ways of deportation using your smart intelligence.

    I'm sure Hispanic Caucus and for that matter any Congress member will definitely listen to you without forming a negative opinion about the arrogance of the entire H1Bkind..





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  • RNGC
    07-05 12:17 PM
    Guys,
    I am proposing a "IV Annual Meet", Not all of IV need to meet in one place, but all the state chapters can meet in their local states on this one day. We should make this a annual affair. ATLEAST, we should meet once a year. It should be for a whole day, 10 - 5. Every one who wants to visit can RSVP, we can do it in a grand way with lunch etc...we can cover the expenses with a donation of $25 per person .

    When ?

    First Saturday of November ? This way we do not disturb people's summer time vacations.

    How does this help ?

    First, it will help to meet State members face to face.

    We can invite distinguished people to our meeting to give a speech, so we get press coverage.

    We can decide our next steps.

    Basically we can do a lot.

    We can do some voting too. I (lot of other IVans too) have always wanted to change our groups name to "LegalImmigrationVoice", (no offense to the people who coined this name, they have started a organisation that all Legal Immigrants are benefited, they should find a place in US history books ! :) ) so we do not give the benefit of doubt to anyone that we represent ill-legal immigrants also.

    Every one please share your thoughts as what we can do in this annual meet.





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  • fullerene
    07-17 06:11 PM
    We shall continue our work by writing letters to lawmakers.
    They shall freeze the VB at May so people come out from LC Backlog can have a chance to file 485.
    They shall allocate all unused Visa numbers in previous years to people stay in backlog for years.
    They shall revise the current Name Check procedure so the process can be done predictably.
    They shall increase visa number cap and soften the country limits.
    They shall pass SKILL BILL...

    We have only a couple weeks before the summer recession. We need to keep our solidarity to make our dream true.





    radhay
    01-08 02:13 PM
    I think it might be CT issue. There is an ongoing immigration fraud investigation against state employees so now they are over doing enforcement.





    Sandeep
    03-08 07:28 AM
    Pl. find here some more stuff about DOL/BEC and PERM.

    http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html


    I believe this is an older version of the report I was talking about as it says "Assessment Year2004"
    The question is why is DOL projecting that it is doing a great job? There are serious flaws everywhere and there are thousands who will testify to that. They do not know how much money to ask from the Congress and they do not know if they can even meet the deadlines they have set. Also look at the way the goals have changed
    Page 212
    "The goal to reduce processing time to six months for 90% of applications, though ambitious relative to current 32- month processing, may not be either sufficiently tailored or ambitious for the new automated review process, if program reforms go as planned, and processing rates are as high as envisioned."
    "ETA Congressional Justification submitted with the President's Budget for FY 2005: (1) Reduce average processing time such that 90% of new applications are processed within six months of filing (target ambitious relative to current processing time of 32 months; target remains same in future years; contingent on implementation of reforms). (2) In 2004, reduce backlog of permanent applications by 36. 5% from 270,000, and in 2005, by 42% from 171, 450 (revised goal: elimination of backlog by end of 2006). (3) Goal for 2003 was to "assist employers in meeting their workforce needs by providing them with expeditious determinations on their applications to hire foreign workers under the [permanent, H- 1B, and H- 2B programs]". (4)Goal for 2001 and 2002 had been to "promptly review employer applications for foreign labor certification". Goals tie to program's mission and DOL's Strategic Goal 4, A Competitive Workforce. Numerical targets for processing will almost certainly need adjustment upon implementation of the new,automated system and centralized processing."



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