Wednesday, June 8, 2011

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  • ssingh92
    02-12 08:20 PM
    Is not weired funny dicriminatvie while 2003/2004 already gor GC while April2001 are waiting for approval.
    You do not think there should be once a year declaration for clared date upto so n so not a single file is pending.
    Why April2001 has to wait for 8(eight!) years

    Because you , me and many like us have bad luck!!!! EB categories are now unofficial lottery system. If you lucky you will not wait!

    I dont have any other explanation.




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  • jerez_z
    11-03 11:39 AM
    drop me an email (I'm 17) --> jeremy.moseley[AT]gmail.com MSN -> jim_at_hotmail_dot_com[AT]hotmail.com




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  • uslegals
    08-20 03:39 PM
    A consulting company that i had approached in early 2007 had filed my
    H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.

    I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.

    Some concerns i need help with -
    1)How does the contracting company withdraw or VOID my H1. ?
    2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
    3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
    5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
    6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??

    Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.

    Thank you!




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  • chanduv23
    09-14 02:29 PM
    ALL THE HEROS AND HERIONES TO DC

    LETS CREATE HISTORY HERE

    FOLLOW YOUR HEARTS



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  • harivenkat
    05-05 01:29 PM
    I'm currently on h1b, with PERM approved and I-140 filing in progress.

    At what stage of the green card process can I write iPhone Apps for the Apple App Store and accept payments for them?

    I know I'm allowed to own a company but not take a salary on h1b. So would it be possible to incorporate a company and then let the money accumulate in company accounts until I get to the stage when I can accept payments? Can the company pay for development resources such as equipment and accessories needed for developing the Apps even if I don't take a salary?

    i am not lawyer but i think you can sell apps.... infact you can incorporate a company with 100% ownership in the US while living outside US also... the only thing in that situation you would need is to appoint a representative who can take care of handling mails, filing taxes.

    If such a thing can be done outside USA and non-US citizens own companies and run business from outside then why not you who is within US ?




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  • indyyy
    07-18 10:10 AM
    This is the website to check labor status at the BEC.

    http://pds.pbls.doleta.gov/

    My case was filed in Nov 2001. In Oct 2006, the DOL stated that they lost my case (I did not receive a 45 day letter). So my lawyer reconstructed my labor and filed it again as per DOL's instruction. I received a 45 day letter in Apr 2007 which showed my case no. Since then I have been checking the case status online.



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  • kum25
    09-17 01:23 AM
    I am working with Company B on H-1b. My GC labor, I-140, I-485 and EAD is filed by Company A. Now, I am close to getting EAD in few weeks. Few say that once EAD is approved, then I have start working for Company A immediately. Others say that GC and EAD is for future employment with Company A and hence, I should start working for Company A only after GC is approved.

    So, I have two questions and need advice.

    1. When should I start working for Company A, upon approval of EAD or approval of GC.
    Ideally, I would like to start working for Company A upon approval of GC.

    2. Even, if I want to transfer EAD to Company B, the job title differs as the job title on GC is more junior than the current role.

    Please let me know if anyone has similar situation and need what the reality is when EAD is approved.

    Thanks.
    Kum25




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  • dannyvn
    06-25 07:05 PM
    My I-94 is expiring in a month. I have used Advance parole to enter US after a vacation about a year back. How do I renew my I-94 card? Does anybody know...



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  • bluez25
    08-23 03:48 PM
    I really appreciate Pappu and this is why I like IV a lot... Staying focused.. I wish I could come to the rally but due to lot of personal reasons I will not be able to attend. ..... and coming back to the focus point of this thread....

    Guys please stay on top of your case and make sure your's is not one of the case sitting in the dead box..... The actual message from the other thread just to avoid the jump....

    From a user expected from other forum
    ---------------------------------------

    Finally it's my turn - a Sunday phone call changed it all...
    ...yeah...yeah...yeah...
    ...etc...etc...etc...

    ...after hearing lots of crap for 6 years, finally I also got my approval on 8/21...no, no, no...it's not over for me...they wouldn't let that happen so easily... they approved mine...but they didn't approve my wife's....so, I am still waiting....just half way through....

    here is some snapshots my long story....

    EB3, India

    Labor PD: 10/18/2001 [ my own labor, NOT A SUBSTITUTE ]
    I140 / 485 ND: 11/13/2003
    I140 AD: 04/2004
    FP1: 12/2004
    stuck in Namecheck till 6/2006
    Xfer VSC to TSC: 3/2/07
    FP2: 5/9/07

    Status of case since then:

    6/4/07: All ready for approval, waiting in queue
    6/5/07: Assigned to an officer
    6/27/07: Officer on leave, reassigned to another officer
    8/6/07: Case waiting to be assigned to an officer ??? wtf ???
    8/13 - 8/17: Contacted everyone mentioned in this board, this isn't my first time...just the n-th time....

    8/19 - Sunday 5:56pm - actually this is the MOST important event. So, I shall never forget the time. I received a call in my home phone from extn. 1202. The gentleman with a 50sh voice, identified himself as an officer from USCIS. He mentioned that he is aware my case is stuck and wanted to know all details that I have been complaining about. After hearing everything from me and my wife, he looked into some stuff in his system. He particularly looked in details to whom my cases was assigned to....finally he apologised and told me, probably my case was assigned to AN OFFICER WHO IS NO MORE WITH USCIS FOR SOMETIME...phone call for around 48 minutes...
    he apologized again and told me that he would inform Texas Center that there are cases assigned to this person who is not with USCIS anymore...

    8/21 - 8:01 am - I got only one mail from CRIS "Approval Notice Sent for I485"
    ...don't know when I would get the "Card Production Ordered" and "Welcome" mails

    Well guys, did you notice the flurry of approval today?...mostly old cases....does that have anything with my Sunday's phone call?.....I am guessing so...

    My wife's cases didn't get approved since it is with another officer...hope to get that one soon...

    All the best to everyone in this forum....I hope lot's of more approvals to come in September....
    __________________
    EB3 India
    PD: 10/2001
    I-140/485 - ND - 11/2003
    I-140 AD - 6/2004
    I-485 - Transferred VSC to TSC - 3/2/07
    FP1 - 12/24/04
    FP2 - 5/9/07
    6/5/07 - Case assigned to an officer
    6/27/07 - Officer on leave, case reassigned to Another officer
    5th EAD AD - 7/26/07
    SR raised on - 6/11/07
    Reply on 7/26/07 - Complications lead to additional Reveiw - 6 months
    I-485 - AD: Never




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  • Shenner
    06-04 06:19 PM
    We have been seeing a lot of these as of late. For example, I represent many companies who are actually agents; ie, a staffing agency who places speech therapists or nurses. The USCIS is now seeking to show that the beneficiary is actually on payroll and that the staffing company is in existence and that the location where the beneficiary will work is actually in existence. They have also been asking for copies of the contracts between the staffing agency and the place where the alien will work. Although it seems like they are asking for a lot, it does make sense in light of the immigration laws for H-1bs. A lot of abuse went on in the past in this visa categories espcially with staffing agencies etc. They would bring in nurses, etc. and then not place them anywhere! These people would pay and get a visa, enter the US, and when they reported for work were told there was no job for them and then they had no place to go. I believe it is in response to these abuses why we are seeing this now.



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  • stemcell
    02-26 01:21 PM
    Guys, Sorry for my ignorance but
    I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written

    An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.

    I have my I140 approved through a american company and my h1b is getting expired in june 09.

    According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.

    Might be some one can explain what is exactly means.

    Thanks in advance!!!!



    https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==



    Having an approved I-140 does not mean you can 'indefinetely' work and live here automatically.
    It is ONE of the steps to clear on the road to legal immigration.

    Please consult your lawyer and he should direct you as to what to do next.......




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  • Sandeep
    03-07 05:43 PM
    The Program Assessment Rating Tool (PART) was developed to assess and improve program performance so that the Federal government can achieve better results. A PART review helps identify a program’s strengths and weaknesses to inform funding and management decisions aimed at making the program more effective. This is what the DOL's review (http://www.whitehouse.gov/omb/budget/fy2006/pma/labor.pdf) shows. It is very informative as we come to know that they themselves are admitting serious flaws

    Page 211
    Is the program design free of major flaws that would limit the program's effectiveness or
    efficiency?
    Answer: NO
    Summary
    The DOL admits that these are the problems:
    - "current process is paper- intensive, duplicative in places, and inefficient"
    - "vulnerability to fraud and abuse"
    - The whole process is meaningless because "it could be years between the recruitment efforts described in an application to DOL and the time a labor certification issues or the alien adjusts to permanent resident status"
    -"the certification itself lacks critical safeguards"

    Page 213
    Does the program have baselines and ambitious targets for its annual measures?
    Answer: NO
    "Program goals lack specific, ambitious annual targets. For example, the published backlog reduction targets would not result in elimination of the backlog in two years, as the program currently plans. And the goal to reduce processing time to six months for 90% of applications (currently 32 months) may not be either sufficiently tailored or ambitious for the new automated review process, if processing rates hold true to plan."
    Summary
    The DOL says that they have promised somethings but it is not doable !!!

    Page 213
    Are Budget requests explicitly tied to accomplishment of the annual and long- term performance goals, and are the resource needs presented in a complete and transparent manner in the program's budget?
    Answer: NO
    Like the rest of DOL, ETA does not have an integrated accounting and performance management system to identify the full cost of achieving this program's performance goals and support day- to- day operations.
    Summary
    The DOL says that they have no idea of how much it will cost. So how are they planning to go ahead and get the resources to clear off all the cases in the BECS?

    Page 218
    Do independent evaluations of sufficient scope and quality indicate that the program is effective and achieving results?
    Answer: SMALL EXTENT
    Ongoing stakeholder concerns and findings from program evaluations or OIG audits conducted in years past raise serious questions about the design,management, and accountability of the current program.
    Summary
    There are a lot of audits saying that there is something seriously wrong


    Page 219
    "The goal of eliminating the backlog by the end of FY 2006 is a result of an external evaluation conducted in 2002. Lengthy processing times are a majorconcern for program stakeholders. Though the goal is ambitious, there is a disconnect with the published targets, which cover only the state- level backlog of 270,000 cases (not the additional cases pending at the federal level) and would not accomplish the goal within two years."
    Summary
    Though they have stated that their goal is 2006 there is no way that is going to be true

    And inspite of all this the program rates "ADEQUATE" ?



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  • ash0210
    08-20 10:04 AM
    Bravo..!!!




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  • jsb
    08-21 09:38 AM
    still waiting
    I am not far behind you.



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  • iv_only_hope
    01-11 12:18 PM
    How long is your I-485 pending? Ever thought about suing the USCIS? This is still the country of law.

    I cant. I have no money after paying for school, lawyers fees in GC. As I said my company did not pay a dime for getting GC work done. Had to bear all expenses myself. Dont even know whether company will pay for H1 renewal next year.




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  • gk_2000
    05-15 11:13 PM
    startup visa is the most horrible of all the ideas..... this subject is like a hidden enemy of all immigrants waiting in the backlog ..... is anything like this would pass..... the congress will tell everyone that entrepreneurship related immigration issues are all fixed.... it will be hailed as the biggest victory of american capitalism & congress will forget @ those stuck in the backlogs..... the reality will be that is just another way for those 170 venture capitalist to rake more....

    some reporters write these articles with no knowledge of the subject.... & with little or no research of their own....

    Why do you think it is SO horrible? Suppose this comes up for debate, we have an opportunity to revise the 170 VC's clause or maybe water it down some extent. If we are not able to do that, even then sometime in the future we could work those screws and try to loosen. At least it gives a segment of our community a chance to clear the line.. just my thinking .



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  • satyachowdary
    06-02 08:25 AM
    Hi atlgc,
    I don't know the email id of NSC center, please google it and you should find it.

    Regards,
    Satya




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  • validIV
    03-25 01:49 PM
    How come you are being paid if you are unemployed?




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  • bsnf
    08-17 09:44 AM
    I travelled to India via Dubai last Nov returned Dec 31st - did not have any problem. They only checked AP and passport - I did not carry any supporting documents - was not asked in Dubai or US.

    I am travelling again via Dubai in Dec returing Jan.




    Wish_Good
    05-07 01:00 AM
    Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?

    -cheers
    kris

    Hi Krishnam70,

    Here is my complete details:

    Company A:
    I was on my 7th year of H-1B visa (6th year expired on Apr30th 2008).
    Labor approved Dec, 2006.
    I-140 applied in June 2007. (Got RFE regarding my Educational Transcripts
    which we responded in time and USCIS received on Dec 5, 2007)
    I-485 applied in Sep 2007
    Got EID and Advance parole approved.
    I-140 Denied on Apr 3 2008.
    I-485 Denied on June 26th, 2008(Denied because I-140 was denied).
    Applied for MTR (I-120 B)for I-140. But denied again on Feb, 2009.
    Applied one more MTR (appeal)for I-140 on March 13th, 2009 (check cashed by USCIS.. receipt copy not yet received).

    Company B:
    This Company applied for my Labor (Perm) on Apr 21, 2008.
    Got Approved on June 24, 2008.
    H1 approved for this Company in July 2008 (Valid upto July 13th 2009).
    Joined this company in Aug 2008
    I-140 approved with this company Jan 2009.
    Jan 23, 2009 H1 extension applied... Got denial notice on 30th march 2009 (dt.mar24, 2009)
    Denial Reason: I-485 is denied in June 2008. So, I am not eligible under 104(c) or 106 of AC21 act.
    Applied MTR(Appeal) on this H1 Denail and got Receipt. Waiting for response.

    Thanks
    Wish_Good.




    admin
    09-29 09:43 PM
    IV has already contacted Author David Heenan. In fact the author endorsed our effort. Check out his letter to IV - http://immigrationvoice.org/index.php?option=com_content&task=view&id=24&Itemid=43

    Also as per the letter, his book has already been sent to the influential senators.



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