Sunday, June 12, 2011

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  • chanlal
    07-31 11:50 AM
    Thank you for your prompt response

    1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.

    Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

    2.Can New Jersy laws applicable in India to send a legal notice to me?

    3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.

    4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.

    Pls answer the above 3 questions.

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  • gc_chahiye
    02-18 11:51 AM
    All, Help me understand this.
    If I look at this link below on # of immigrant visa's approved every year for for each country it shows the total for India (all category EB 1-5) as
    06 -10.7k
    05 -46K
    04 - 39k
    03 - 20k
    02 - 41k
    01 - 41k

    Am I reading this right because this certainly is more than the country limit. Also the total # of visa's given seem to be more than the annual limit. I thought there were some 250k visas that were lost, were the limits higher during these years?

    Under each link look for - Immigrant Visas Issued (by Foreign State Chargeability or Area of Birth): Fiscal Year 2006 (preliminary data)

    * ROW was current, so the country limits did not kick in. Thats hte big reason. Only way dates move significantly ahead for INDIA-China now without legislative changes is if EB3-ROW becomes current again and we start to get leftover visas

    * labor certification used to take a long time and people used to get stuck in namecheck to keep demand relatively low. The 'bulge' in demand from the increased H1 quota's of 2001/2002 had not yet kicked in, so demand=supply and all was well.

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  • Almond
    07-04 06:50 PM
    Firstly, congrats!! BTW, when did you get the fingerprinting completed in your case? Want to get an idea as to how fast the whole process was done. Lets hope it is this way when our turn comes ;)

    All the info on his case is in his sig.

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  • grupak
    08-11 10:12 AM
    Notify the change of address - If USCIS finds out that you have moved and did not notify with in 10 days of your move then they have the power to revoke and deny your petition.

    wandmaker is correct.

    Updating USCIS using form AR-11 within 11 days is required by law. Can be done online, allows the option to update pending cases with a different mailing address such as PO Box that is different from the home address. AR-11 requires the actual physical home address.

    In any event, should call USCIS to confirm change of address on pending applications.


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  • americandesi
    10-15 02:52 PM
    I-9 is a USCIS document so i would guess it goes to uscis

    You are wrong. Please read the Footer text on page 1.

    It clearly says

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  • desi3933
    02-11 11:59 AM
    Doesn't the H1 takes effect only if you join them. I dont think just getting approval alone change your status.

    Otherwise is there any source for this claim

    If the approval notice has new I-94 then new status has taken effect. Infact new I-94 will also have H-1B written as well, if the new status is H-1B.

    Person has to file for another change of status if he/she wants to go back to old status.

    Not a legal advice.


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  • ufo2002
    09-12 01:41 PM
    don't remember the source, but I remember reading in the last week that the backlog reduction at CIS is not a true reduction, but because CIS has redefined what "backlog" means. This may refer to the discounting of the 1 million that are backlogged due to visa unavailability (quoted in gonzalez's report), but I woudn't be surprised if the "new definition" is not also contributing to the remaining 140K cases backlog reduction.

    Let's redefine:

    "laziness" = DOL
    "stupidity" = USCIS

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  • Desertfox
    10-30 08:33 PM
    is it from the receipt date or notice date?

    It starts from the receipt date, and USCIS confirmed it multiple times in their receipting update on the website.


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  • casinoroyale
    09-05 10:11 PM
    Yeah, call customer service and ask them to send new copies with correct picture.

    Now the funny part is, who is going to get your picture on their AP. :D

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  • dpp
    06-28 02:52 PM
    Use your PERM labor one - thats the safest, I have used that - Attorney signed off saying that is right

    Its wrong. Please check with other senior attorney. It is going to be a problem if you used like that.


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  • ski_dude12
    08-10 11:43 AM
    Do you think USCIS cares who pays for it or where someone lives as long as the check goes through?

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  • EndlessWait
    05-24 01:56 PM
    i suggested this idea to IV few times.. The only way ppl seem to get attention here is when you show unity and boycott.

    But quite honestly, the way Indians are, its hard to get them together. We have never been able to unite desis on any issue since independence ;)


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  • amulchandra
    05-10 02:16 PM
    Actually I am using IE.

    Thank you


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  • Ramba
    01-04 12:07 PM
    I am in non-IT engineering field having stressful job, as my job is always challanging. Though, I have good career record, I want to get into relaxing job. I am getting advise to change my field to IT. Few of them advise me to take course in QA or SAP to change the field.

    As most of the forum members are in IT field, perhaps this is a right place to get some advise.

    I want to have a relaxing/flexible job as I want to enjoy the job (no brainy job, as I have done enough in my field). Are these QA or SAP jobs are stress free? What is the prospects or future for those jobs in long term? Before giving up 10 year career in engineering, I would like to do trade studies.



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  • americandesi
    10-21 07:41 PM
    Refer and search for "Multiple I-485 Filings Not Advisable"

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  • zCool
    04-01 05:27 PM
    "Bought" the labor?
    So you broke the LAW..
    And now you want to know how to break it further??
    You are ignorant, and CRIMINAL!
    Not to mention stupid!
    Get the heck outta here..


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  • rockrocky
    03-26 01:02 PM
    None of the immigration related questions were asked.

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  • GCforever1
    09-15 01:08 PM
    wow !!! freedom when your wife is in India ....go to strip bar and have fun:) you need to enjoy

    Any ideas? (My wife and son are in india now).
    Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.

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  • ItIsNotFunny
    12-17 03:27 PM
    I had posted my query on another thread but thought of creating a new one with all the updates.

    My priority date is Feb 26, 2008 and I-140 mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.

    Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.

    My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.

    She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.

    My question to you all are:

    1. Are these my only option to make sure I can renew my H1 after the 6th
    2. How long does an appeal take to respond?
    3. Is appeal my only way out? Can I request for a
    Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
    Jan 2009?
    4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
    will that be a problem?
    5. At what stage of the green card process should I be in to be eligible for
    my H1 to be extended after my 6th year?
    6. Any other issues that might come up?


    I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.

    04-23 10:13 AM
    This email is useless as nowhere in the email the alien's name is mentioned.
    In USCIS website you only have the option to add a case with the receipt number. They don't verify whether this case belongs to you or not.
    If your company/attorney gives you a receipt # that belongs to another person�s I-140 application, still you will get this email.

    The only option you have is to request for a copy of I-140 using G-639 form under FOIA.

    If you subscribe on USCIS website you will get email indicating and saying like:
    The following is the latest information on your case status

    Receipt Number:XXXXXX (i maksed it to hide my info)


    Current Status:

    This case has been approved. On June 12, 2006, an approval notice was mailed. If 30 days have passed and you have not received this notice, you may wish to verify or update your address. To update your address, please speak to an Immigration Information Officer during business hours.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision or advice from USCIS within the projected processing time frame*, please contact the National Customer Service Center.

    National Customer Service Center (800) 375-5283.

    *The projected processing time frame can be found on the receipt notice that you received from the USCIS.
    *** Please do not respond to this e-mail message.


    The U.S. Citizenship and Immigration Services (USCIS)

    04-05 03:57 PM
    Nice Article... hits the nail on the head!! I wish it also highlighted the need for high skilled immigrants to be able to get GCs easily too.

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