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Sunday, June 12, 2011

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  • unseenguy
    06-22 07:33 PM
    ...and the boss goes back and continues eating samosas :)

    Pls replace samosas with burger and french fries. Boss in Nebraska may not like samosas or may find it too hot to handle resulting in additional 2-3 sick days.





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  • aravindhome
    04-29 01:02 PM
    Hey.. Congratulations on the engagement.... the way I see it, there are a couple of options for you.. not entirely from a legal perspective.. just practical solutions.....

    a. You can ask your fiance to enter as a student here on F1, if she's willing to pursue her education.. you can easily enrol her in the nearest community college and for a part-time or full-time course....

    b. An H1 or an L1 is another option.. but given the current conditions, not sure if you can pull that through.......

    c. This is from my own experience... A friend of mine faced the same scenario and, so asked his wife to apply for Canadian PR and then come into the States... That way, she was able to get a job quite easily in Toronto and the whole process took just about 8 months or so...

    Hopefully, these suggestions come in handy for you....... All the very best....





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  • maddipati1
    01-08 07:54 PM
    i went for stamping in india in Feb'09. Mine wasn't in PIMS. They said that my visa is issued but will get the PP with stamp after PIMS clearance and it might take upto 2 weeks. but luckily i got it in 3 days.

    those whose I-797 was approved around the same time when PIMS was introduced ( i think Oct'07 ), should be careful about this.

    i read somewhere that, they messed up initial data transfer during PIMS launch. so the I-797s that got approved around the same time are more likely to be missed. mine was approved exactly in the same month PIMS was implemented and surely it wasn't in PIMS.

    funny story now ( but painful then )..
    i was aware and prepared for this when i went for stamping. i was at the window of initial screening officer. he took my dox and verified in their system and started writing 'not in PIMS' on top of my app. i was looking at it and i said 'aah! is it not in PIMS?'. he was surprised ( that i knew about PIMS etc) and gave me a look. now, i told to myself 'dude! shut up' :D

    minumum precaution u should take is, take the visa appointment on the first couple of days of ur visit, to have buffer for PIMS.

    but, i read, there is another type of delay that's the nemsis of pink 221(g) or something like that. this is for people who work in sensitive industries like defense, biotech, chemical etc. that surely take a long time, coz they need clearance from washington.





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  • Oct007
    11-11 08:53 PM
    I have followed what many people suggested and applied for the H1B renewal.

    Now I have to travel to India in the last week of November. I have a valid EAD and AP document. My H1B will be expiring and the renewal will be filed but I wont be receiving the approval.

    I can use the AP and renter U.S but will that result in a cancellation of my H1B renewal?



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  • txh1b
    08-18 02:48 PM
    now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?

    willIWill, can you please post the exact wording on your RFE regarding that point?

    It is not. It is very much relevant to the case as he has not added the spouse to the I485. If the person has not been continuously maintaining the non immigrant visa status, the spouse is out of status as the 485 has not been filed and is not eligible to hold H4 status.

    Also, if the person has travelled on as a parolee, USCIS may be interested in that as well. You never know what the IO is getting into when they issue the RFE. Do not judge or give the OP a feeling that the RFE is irrelevant. It is, in many ways.





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  • eb3_nepa
    11-10 12:27 AM
    And shat exactly is the point of this discussion again? More ranting?

    You know, maybe few people have noticed this, but when it comes to selecting the "lawyer", you have to pay, if you want your own lawyer. A lot of ppl are very happy that the company pays. So people want their cake and eat it too. They want the company to pay for the lawyer, BUT BUT they want the lawyer to work for them and even let them, when they can leave the employer without negatively affecting their GC process.

    The problem is not just the lawyers or the HR ppl guys. The problem is also partly US. If we were to insist that WE pay for the process and we hire our own lawyers, we would have a LOT more control on the process. However, I understand that not all of us have that option, but then those of us who do not have that option, have to thank their stars that they did not end up paying close to $10K for this whole process. Face the facts guys, if your company is paying ur lawyer, ur lawyer is working for them NOT you. Your company and NOT you is the lawyer's client, so he is LEGALLY REQUIRED to serve them and NOT you.

    We curse the USCIS everyday (I do too), but we have to admit, they have done an EXCELLENT job these past few months and almost everyone I know has received their EADs, APs and FP notices within the stipulated 90 day period. Let us commend the USCIS for that. We criticized and cursed them when the the time had come to do so. Now they have done a good job so let us commend them for it. Some USCIS centers are even doing actual finger printing on Saturdays (in the state of CT. My friend actually did his on a Saturday). They do not have to do any of this, BUT THEY ARE DOING IT.


    About HR, again we all hate them, but they do the best they can. Ah what the heck i'll give you guys this one ;) Go ahead curse away :p. Although I will say this, some HR ppl are rather helpful. I have worked for 2 companies and touch wood both helped me a lot with paperwork and were quite prompt.



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  • vikki76
    09-01 02:04 AM
    I was just about to post this article and then saw someone already did this good deed. Apart from core issue of isolation of elderly immigration,this debate between unrestricted family based GC and employment quota will never end.





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  • satishku_2000
    06-03 04:32 AM
    Keith Ellison, Congressman from MN was in Milwaukee, WI today.
    I had a chance to meet with him on a small gathering for his fund raiser.

    He is a member of Judiciary commitee.

    We asked him questions on how to become more active in Politics, how Congress works etc etc.

    He gave a good example:
    He said politicians are like a mom with many kids..one kid is labor union asking for help for their issues, other is teachers union etc etc.
    And if one kid is shy and does not say anything then he is not going to get anything.

    Point is very simple, Congress needs to heard like crazy from legal Immigrants about issues. So please on Mon during lunch call your congressman every day for next week. Send them faxes, emails etc.
    So when they vote they know that what are issues for legal immigrants.

    If you don't then you won't get anything. It is that simple.

    thanks,
    engineer


    Hey

    buddy nice post , did u get a chance to discuss any of our issues with the congressman?



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  • abq_gc
    07-18 06:16 PM
    HI Guys,

    How do you decide, whether to file at NSC or TSC ?





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  • solaris27
    03-13 09:59 AM
    Congratulations



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  • HereIComeGC
    12-12 03:52 PM
    Now that dates for EB2 have moved to Jan 2000 PD, it might be interesting to see if we have folks in here with EB2 PD in or before Jan 2000.





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  • martinvisalaw
    06-15 11:46 AM
    You should have no problem filing a 2nd 485 even though you already have one pending. This happens often, especially when a foreign national marries a US citizen while an employment-based 485 is pending. I've prepared this type of case many times. the faster 485 will be approved (hopefully), so the slower one will be denied because you already have permanent residence at that point.



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  • sledge_hammer
    06-02 11:53 AM
    It is not illegal per se if your actual salary is less than that mentioned in LC. It is however detrimental to your GC case.

    I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.





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  • GcInLimbo
    12-01 11:45 PM
    Thanks for the response.

    H1B extension was denied in Feb 2009 after almost 2 and half years of processing.

    ??: H-1B ext denied?

    I spoke to my lawyer and he said it shouldn't be a problem.

    Once again thank you very much for your response.



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  • cagedcactus
    05-03 06:59 PM
    "senator_levin@levin.senate.gov" to me
    show details Apr 30 (3 days ago)

    Dear Mr. Amin:

    Thank you for contacting me regarding immigration and border security. I appreciate receiving your views on these important issues.

    Our immigration system is broken and needs reform. I believe an effective immigration policy must include comprehensive border security and comprehensive immigration reform. We must secure our borders against real threats from terrorism and protect U.S. workers, while preserving the freedoms and principles on which our nation was founded. We must address reforms realistically, stem the tide of illegal immigrants entering the country and be fair to those who are here legally.

    I support comprehensive border security reform. I voted in favor of an amendment to the Fiscal Year 2007 Defense Appropriations Act (P.L.109-289) that appropriated $1.83 billion to construct 370 miles of triple-layered fencing and 461 miles of vehicle barriers along the southwest border of our country. I also supported an amendment to the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief (P.L.109-13) that provided $390 million to hire an additional 650 border patrol agents, 250 immigration investigators, and 168 immigration enforcement agents and deportation officers, as well as to fund an additional 2,000 detention beds for immigration enforcement purposes.

    I believe any reform must protect U.S. workers. For this reason, I voted in favor of an amendment to the Fair Minimum Wage Act (H.R.2) that would bar employers who violate immigration laws by hiring undocumented workers from receiving federal government contracts for up to 10 years. The Fair Minimum Wage Act passed the Senate on February 1, 2007, and must now be considered by a House-Senate conference committee to reconcile the differences between the Senate and House versions of the bill. I believe it is important to ensure that employers hire only those legally eligible to work and that employees are treated fairly. I support a broad-based Electronic Employment Verification (EEV) system, which builds upon the existing voluntary pilot program, to increase the reliability of employment authorization checks. In the 109th Congress, I supported a number of worker protection amendments to the Comprehensive Immigration Reform Act (S.2611). I voted in favor of an amendment that would have established a true prevailing wage for all occupations to ensure that U.S. workers� wages are not lowered as a result of the guest worker program, and I supported an amendment that would have required employers to make good faith efforts to recruit U.S. workers first. S.2611 passed the Senate by a bipartisan vote of 62-36. Unfortunately, S.2611 was blocked by the House because of opposition to the immigration provisions in the Senate bill. The bill was not passed before the end of the 109th Congress.

    Comprehensive immigration reform must remove the �magnet� that has attracted millions of people to cross the border illegally. We should not provide amnesty, but instead permit currently undocumented workers to earn the right to obtain legal status over a long period of time, under restrictive conditions, including being required to pay fees and back taxes. These individuals would be required to apply through the same immigration process as everyone else and take their place in line behind all those whose applications are pending. I will continue to work with my colleagues in the Senate toward effective solutions that address our nation�s real immigration problems. Without a comprehensive approach to immigration reform, our current problems with illegal immigration will likely continue.

    Thank you again for contacting me.

    Sincerely,
    Carl Levin









    CC to senator_levin
    show details 7:36 pm (1 minute ago)

    Respected Sir,

    I wanted to bring to your attention the woes of immigrants who are legally here in U.S. Specifically, the high-skilled workers who are experiencing decade-long waits to get Green Cards (the employment based Green Cards). There are approximately half a million such people in U.S. today whose lives are in limbo as they wait to get their Green Cards. I encourage you to visit http://immigrationvoice.org, an organization comprising of such people who are lobbying the Congress to help get some relief urgently.

    The focus of immigration reform has solely been on illegal immigration. What is not so well understood is that the fate of legal immigrants has been tied with that of the illegal immigrants (because there is just one bill that the Congress will debate - CIR/STRIVE). It is ironic that if this bill does not pass, legal immigrants would be left hanging in the dark again, even when there is bi-partisan support for their cause!

    The waiting times for getting an employment-based (EB) Green Card (GC) are increasing each day for nationals of all countries. But especially hard-hit are people from India and China, whose waiting times are expected to increase to 10-15 years, if the current trend continues. The demand for EB-GC keeps increasing because over the last decade an average of about 100,000 skilled workers have joined the U.S. work-force each year (using H-1B visa, and graduating foreign students), but only 50,000 new employment-based Green Cards are issued. U.S. issues 140,000 EB GC but even family members are counted-off from this quota, which thus effectively reduces to about one-third. Therefore, each year about 50,000 skilled workers join the queue for a Green Card.

    Once the wait for a Green Card starts, all major life-decisions are influenced by the Green Card application process. Decisions about traveling abroad, marrying, investing, kids' education, and changing cities are then based on the stage in which one's GC application is. The biggest impact of the wait is on the person's professional career. Once the process starts, changing jobs usually means re-filing for a GC, implying that the person starts from the end of the line again. Even promotions within the same company are not without risks, as any change in job descriptions necessitates refilling the application. So a person waiting for a GC is expected to remain in the same job with the same company and without any substantial increase (or decrease) in pay! The skilled worker therefore lives life in constant limbo.

    The psychological impact of being stuck and being treated as less than equal, even while paying all taxes (including SS and Medicare, to which they are not even entitled to without becoming permanent residents) is immense.

    Your help is very much needed to eliminate this unfair backlog and reform the system, so that no innocent and law abiding person should suffer anymore. Your kind reply is very valuable to me.

    I appreciate your time and help.

    Regards,
    CC





    Above is the email conversation beween me and Senetor Levine. He seems to be in support for Legal immigration, but is against Amnesty.
    My reply here is basically a nice written post by a fellow member here (Eternal_hope).
    So credit for writing goes to him.
    A similar reply was sent to senetor Debbie Stabenow (Michigan too)

    Please comment......





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  • rustamehind
    08-03 05:06 PM
    Hello,

    I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
    What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
    Please help.

    Thank you.

    You can always file Motion to open the denied case.You also need to go through the reasons for denial , which you will be knowing soon in USCIS response.Without knowing the reason for denial , it will be pure speculation suggesting future course of action.You can continue to work untill your case is being adjudicated.



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  • fcres
    08-16 11:02 AM
    I recently visited India in June 07. I didn't wanna go and waste a couple of dayz in chennai so wanted to use ma AP. While returnin I showed ma PP to the Immigration officer, he asked me where ma VISA was. I told him i have an AP and showed it to him.. He wasn't surprized. he just let me get in after stampin a seal on my PP.

    At Germany (coz i flew via lufthansa) the lady asked my VISA again. I showed her my AP... she suddenly understood and asked me if i had applied for a GC. I said yes.. she signed a form and let me check in at the counter.

    Its so simple no problem at all.

    Happy Journey...
    OT.. So are you working on H1 now for the same employer? Just wanted to make sure you can use AP to travel and work on H1 and don't have to use EAD.





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  • zephyrr
    03-21 12:35 PM
    Yes, there is a certain amount of risk depending on the company you work for. If you work for a Fortune 10 which has a 100% track record wit 140s, your risk is mitigated.


    I agree that one should probably do it for compelling reasons.


    I think relevent part here is Q 1.
    Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under �106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it�s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
    post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
    response is received, and if the petition is approvable, follow the procedures in part A above.
    Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
    by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
    --------------------------
    If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!





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  • ramaonline
    07-27 02:10 PM
    You must first get into EAD status by filing form I9 with your employer. After that you can do a second job part-time or weekends / online etc using ur EAD. EAD allows open employment for your second job - not necessary to be the same as ur current full time job.

    H4 holders after getting EAD must apply for SSN. After getting SSN they can do any job full time or part time.





    amoljak
    05-21 09:04 AM
    b. Do not make photocopies of official US Documents. Its a violation. The official will understand why you made a copy, but ITS A VIOLATION. On that note, please do make a photocopy.

    Yes it is a violation. But guess what, USCIS asked me to send color copies of all the pages of my passport, approval notices and I-94 in one RFE. I spent a while trying to convince the law-abiding staples clerk that "the government" asked me to make copies. She kept pointing me to a document that clearly stated that it was illegal and they were told not to do it. Finally she agreed to look the other way, while I made copies in a self service copier.





    CreatedToday
    03-18 02:56 PM
    It's very sad we depend on this bloodsucker employer (former H1s) who setup the shop and leave you in the lurch when they can't squeeze any more of your blood!

    You may complain with DOL, but I�m not sure about any statutory limit to file the case.

    Good Luck!

    Please note I joined his company along with the current the project, only for faster GC as he promised. But when I came back from India, It took a month for me to find a project. He didn't do marketing and then I realized the mistake of joining him (I assume he must have been consulting somewhere and just enjoying with my free $$$). And while I was looking for the project he threatened to cancel my H1 if I don't find a project soon. Now I'm not sure of you stay with someone who is ready to cancel your H1 in your bad times?
    . . .
    But now my issue is since he cancelled my I-140 I cannot get my H1 renewed. He should have left it there, I didn't complain about him and fed him.

    Now I'm mad since I'm stranded, and if possible complain about him.

    I need HELP.



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