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Monday, June 13, 2011

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  • mmanurker
    05-22 03:00 PM
    Thanks for your Reply.
    My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
    can he do like this ?

    pls keep all your timesheets signed by your client manager in safe place...just in case if he lays you off, then he needs to give you either notice and pay for that period or severence package if he terminates your employement immediately and also all the back wages for the period he did not pay you till today.
    Even though if you do not have timesheets from your client manager, he is still required to pay you but to be on safer side I'd recommend you to keep timesheets signed by the client manager and if required notify the Client and the Vendor(if there is one) about your employer, this way he will loose the business of the client/vendor plus if required you can always fax your timesheets to DOL as well to prove that you have been working at the client side and your employer is getting paid by the client for your services.

    can you pls reveal the name of your employer?





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  • krishnam70
    05-06 11:43 AM
    I have been a silent follower of IV for more than a year but this is my first post so be kind :)

    I am a full time employee. My 140 was approved in Jan 2008 and I am one of those who missed the July'07 fiasco (as you can see from my PD :().

    I am being given an opportunity to join another team in my company. I do not want to impact the GC process but do not want to let go of this opportunity.

    The other team is ready to replicate my roles and responsibilities as per my PERM and give me a similar title. My company lawyer believes that this would be the best approach and would not hamper my existing PERM and I140 and I would not have to restart my GC process.

    I am reaching out to the collective knowledge base of the IV community for their insights/inputs/comments and red flags to watch out for.

    Thanks in advance :)

    1. A letter from your employer with same or similar job description and title ( check the equivalency list)
    2. Make sure your income is along the lines which is defined in the LCA. There should not be very huge variance in income levels.

    - cheers
    kris





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  • mzafar125
    11-01 09:47 AM
    Hi all,

    Need your help and experience in this!

    I received an RFE for my EAD and AP a few days ago. This has to do with me not registering myself during the NSEERS Special Registration. They want to know why i did not register for the NSEERS.

    I visited an attorney around March 2003 regarding the Special Registration and was adviced that I dont have to register because my last entry to the U.S. was in January 2003. That was when return for school after going back home for my Christmas holiday. I have been an F-1 student since September 1998.

    Reading the NSEERS requirement (http://www.ice.gov/doclib/pi/specialregistration/Call_In_Group4.pdf), my interpretation is that i should be exempted since my last entry to the U.S. is AFTER September 30, 2002. Is my interpretation right or wrong?

    Please advice.

    Thanks!

    I also got a RFE based on NSEER registration. When I came into the US I was registered at JFK airport in NY sometime in 2002. When I went for special registration I was told that I was already registered and told to go back home. The RFE is asking me for photocopies of I-94 form, FIN number, arrival and departure stamps and passport size pictures. I was just going to send them this information but maybe I should run this by my lawyer. Please let me know if you have any additional information.
    Thanks!





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  • ronhira
    02-08 08:04 PM
    what line?????? this is a standard bullshit line the disingenuous & dishonest leadership of aila has used time and time again..... this is what they say ..... everytime things appear to stall in the congress .... these con artist start saying that ...... highly skilled employment based green cards are suffering..... america is suffering & losing..... so pass the bill for the UNDOCUMENTED...... otherwise innovation will suffer..... it doesn't even make sense .... its total bullshit...... the job of lawyers is to lie..... but did someone say that joseph goebbels is now in the leadership of aila...... because this sounds to more like someone saying ...... if you tell a lie big enough and keep repeating it, people will eventually come to believe it

    aila has repeatedly blocked bills & provisions for employment based green cards...... aila has spent all its energy to make its members millionaires i.e. immigration lawyers.....if 12 million undocumented process paper work using 9000 immigration lawyers.... each immigration lawyer will get on average of over 1000 new customers....... so every time things stall in congress.... aila leadership comes up with this bullshit..... but actually this aila leadership is not at all sympathetic to employment based green cards....... its sympatheic to the pockets of their members i.e. immigration lawyers...... i hate immigration lawyers....... i hate aila because they are disingenuous & dishonest to the issue......



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  • seahawks
    06-02 08:43 AM
    My spouse's employer will apply for her H1B shortly (she is on F1 right now). Her passport expires in March 2007 but the Indian consulate does not allow you for a renewal earlier than 6 months of the expiration date.

    Does USCIS have any requirements for validity dates for passport when application for H1B is sent?


    A passport must me valid at least 6 months is my understanding when I got my H1 renewed.





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  • gceb3holder
    02-27 06:32 AM
    I have received my GC on January 28th. My company filled the following with USCIS:

    I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
    I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008

    Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....

    So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.

    I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.

    Please advice.



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  • palemguy
    09-16 02:13 PM
    Hi palemguy,

    Could you please post or mail the # that you called to find out about your NC? Is it TSC/NSC?

    Thank you.

    I called to the regular USCIS customer service number 800-375-5283.





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  • RDB
    12-21 11:03 AM
    A1. Yes, they will interview you together.
    A2. It is NOT advisable to take the immigration attorney with you IF your case is clear, i.e. no out of status etc. When we went for the interview, the officer clearly told us that you did good by not having an attorney - they get annoyed by them :). As soon as he realized that we didn't have anybody representing us, he was way more relaxed than with other people who had representation.
    A3. Yes, they can and will approve on the spot if they are satisfied with your answers!
    A4. Yes, they can stamp the passport if they approve it - in my case, they approved it but couldn't stamp the passport because my PD was not current. He said, you will get the card as soon as your PD becomes current.

    Just relax and take all the necessary documentation with you - and be absolutely confident in your answers. Oh, and btw, I was also promoted when we went for the interview and that doesn't make any difference - as long as you are employed (same company is better).

    Hope this helps.

    Hello Everybody,

    My wife & I have our 485 interviews in January. Any advice is appreciated. Mine is a EB (EB- 2) petition. Our PD is April 2006. We filed for 485's in July 2007 and our 485's were transferred to National Benefits Center in 2008. I was promoted hence my title is different now from what was filed on the Labor application and job duties only changed a little bit. My petitioner is the same,

    Couple of questions -
    Will they interview my wife & I together ?
    Is it advisable to take the immigration attorney with us for the interview.?
    Can the IO approve the case on the spot.?
    Can IO stamp the passport since my PD is current.?

    If somebody can direct me to any recent experiences for folks who did have interviews - that would be really helpful.

    Thanks!

    Ritesh



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  • kiran_k02
    07-14 01:27 PM
    Anyone travelled recently through Germany (Frankfurt) using Advance Parole? Any issues with Advance Parole while coming back to US? Do we need transit visa? Appreciate your response.

    Please visit the old thread, you will find lot of information about this issue.
    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/25671-transit-visa-at-frankfurt.html

    Also take a printout of the information from the Website (http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html) (German Consulate Website).

    I hope you have already searched the threads for the information you are seeking and then proceeded to post your issue.
    I don't know IV policy but if we have an existing thread then please re-ignite the thread by posting your concerns which are missing from the posting. This way we can have single thread for single piece of information. Right now we have scattered threads for unique issues, same information gets repeated several times.

    Anyway have a nice vacation, don't worry too much about it.





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  • Calouste
    08-01 08:06 PM
    guys, I appreciate the Mr Zoe's gesture , but I dont really think fees is a big issue here. If a company pays, its not an applicants problem. If the applicant pays, few thousand dollars extra will make us any poorer..

    The problem is the huge backlog, 140000 limit, per country limit, visas being wasted while ppl wait for years.....

    She has so much power, she should lobby for visa recapture

    I don't think the main goal of Ms Lofgren is to lower the fees. She tries to find out what USCIS is going to do with the extra money, something they haven't been clear about. If it was about the fees, she could have proposed this bill weeks ago. The timing (at the last day the old fees were valid) is intended to put more pressure on the USCIS, because they will have to start refunding applicants if the bill is approved and they don't provide the information asked for.



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  • lj_rr
    07-09 05:25 PM
    Well. If you are planning to use EAD, it is probably not an issue.

    However if someone is transferring H1 at 7th year it has to be based on a pending labor or pending/approved I-140.
    How do you prove that you have a I-140 pending/approved without attaching the documentation?

    If 180 days have passed after I-140 approval, then there is nothing to worry about not having a copy of I-140.
    GCCovet





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  • CPUWiz
    12-14 11:30 AM
    There have been many issues with USCIS and three year degrees from Canada, India and the UK. If you want to fight this then you have to prove that your education is equivalent to a US bachelors which many of the degrees from some countries are. You cannot use experience towards adding credits to your degree when dealing with an I-140 like you can for a H1B visa. Two years equals an Associate degree - three year bachelors programs can be (and have been) proven to equal a US bachelors.

    This degree evaluation company has been the most successful in generating acceptable evaluations that complete a successfull case approval. It cost me a lot more than I expected but at least I was able to get my I-140 approved.

    Sheila Danzig, Director
    Career Consulting International
    www.TheDegreePeople.com
    1.800.771.4723 (toll free voice)
    1.866.585.1409 (toll free fax)
    1304 SW 160th Ave. #203, Sunrise FL 33326



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  • sidbee
    04-17 06:27 AM
    Which state are you in? In CA you can drive till one year with foreign license. In case there is a traffic violation , or for some reason he breaks a red light the fines are 3 times the regular fine since he wont hold a USA license.

    Also the insurance companies have different requirements which you need to confirm with them.


    are u sure its 3 times?? can u please give me the link from the point where u got this information





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  • STAmisha
    07-09 05:52 PM
    My lawyer also says the same. I'm also in similar condition where company is applying for 1 1140's.

    Regd experience, I dont know if USCIS calls an employer.



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  • cooldudesfo
    09-11 04:19 PM
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  • BECsufferer
    03-19 01:03 PM
    Hello Everyone;

    I recently posted a thread on our buying house expereince, while that was chapter in itself, there is another one that has recently opened up. Allow me to elaborate;

    When you buy a house ( as most know) lender sets up an arrangment with Title company. You actually pay for the expenses and title company carries out the work. So as part of the paper work, this title company was assigned to put together, they sent me a copy of the whole deal for my records. Now, the person who was handling the package at title company, sent it to the address on my driver license. Happens to be that right next day from the date of closing, I left this place an moved into my house. So when the package arrived via Fedex, their was no-one their to claim, so the Fedex guy left it on the door step. After more than a week, the title company contacted me via phone asking about why I haven't signed up those documents and sent back. Surprised I asked about when they sent and to what place? that's when we discovered that the package was delievered to wrong place. So I asked them to ask Fedex to go fetch the package and send it to my new address. So now Fedex reported, that the package is gone! ... I contacted apartment office and no-one turned in such package. I called back the title company and informed them about all this and complained about loss of personal information. I asked them to pay for identity protection program, which they have refused.

    So my question is what legal course do I have to ensure they pay for my ID protection. I am really furstrated with the way these people do work. Instead of accepting negligence they are refuting my greivance. I have never hired a lawyer nor has taken anyone to court, but feel cheated.



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  • glus
    11-13 11:22 AM
    Hi,
    I emailed DOS yesterday and asked why EB3 ROW did not move. This morning I received a response:

    Dear Mr. XXXXX:

    The E3 cut-off date has not moved because USCIS has already requested nearly as many E3 numbers as may be allocated for the first quarter, and there are no unused E1 and E2 numbers to fall down to E3.
    The data which CIS posted can be misleading because it was probably a month old when it was published, it does not take into account demand at our overseas posts, that being processed at CIS District Offices, etc. The INA imposes limits on the amount of visa numbers which may be used in each of the first three quarters, and without moving most of the Employment cut-off dates we are approaching the first quarter limit.

    LMH
    Legal Net
    Visa Office
    Department of State





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  • paskal
    12-14 12:41 AM
    Hi all,

    Between this thread and the main chapter thread, we have now accumulated a handful of members, looks like we are all set to be an active chapter!
    couple of things:

    1. IV IL chapter has invited us to their conference call, please check the thread called "Members in MN" under the IV agenda forum, if anyone can participate and report back here it would be great.

    2. Conference Call: Anyone have dates or times in mind? btw pappu, question for you: does iv have a way of facilitating these calls?

    Looking forward to hearing from you all, together we will surely achieve our objectives...

    Puneet





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  • ragz4u
    02-03 12:40 PM
    You should try and get an appointment with his staff. I am also from PA and am willing to come with you to their office if he gives an appointment.

    Did anyone else get any emails from their senators/congressmen?





    wizkid732
    08-25 09:57 AM
    Anyone?

    Hi,
    I have been in this too long and want to decide if it makes any sense fighting anymore and anticipating the cards. Any advice is greatly appreciated

    I contacted the Senators office and the rep there made a query to USICS> this is the response she got.

    �This case is currently in an extended security review area."

    She then tried to contact this area and the Officer advised that it cannot be released at this time. The Service is aware that there is a visa available, however, since it is still being reviewed for security issues it cannot be released at this time

    Any Advise?

    -Thanks





    gcwait2007
    12-21 08:23 PM
    Friends,

    I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.

    I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.

    I look forward for your advice,

    Thanks in advance



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