Wednesday, June 15, 2011

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  • for_gc
    04-26 02:23 PM
    In a bitter irony,MIT Admission dean resigned today after admitting that she had put fake degrees in her resume.

    Contrast this with H1-B Visa applicants.If some one on H1-B visa were to change jobs, they need to furnish following documents
    1.W-2 for last year
    2. Two latest paystubs
    3. Copies of all educational degrees held.
    In addition,there will be a background check from a professional agency,which will actually call -
    -All previous employer mentioned in resume
    -Checks with all educational institutes mentioned in resume
    -Call up references
    -Criminal Check.
    Now, whom will you hire next time? A Green Card job applicant just supplies a SSN,and a simple criminal check is run against them.They can fake all the degrees and work experience they want.There is no way to verify last salary held by a citizen/GC applicant. Poor H1-B visa holder can not even fake this simple thing.

    What makes you say they can not check your previous salary if you hold GC/Citizenship. This does not seem right.

    Actually it depends upon company to company how much background check they do and not on your visa status.

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  • Better_Days
    05-31 08:01 PM
    Thanks so much sumggymba, just one more thing if you know. Do they file eb2 ?

    Yes they do. A friend of mine got his GC processed in EB2 and it was a few years ago. .

    Please note that he did have a Masters from a US university.

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  • brij523
    02-20 08:50 PM
    Please don't miss the tomorrow teleconference.


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  • makemygc
    04-02 09:31 PM
    Hi Desiguy786,
    I've used employer A labor to get a 7th year extension while employed with employer B but I didn't have that RFE situation. Since, you are employed with employer A currently and got an RFE, asking for H1 transfer + 1 year extension could be tricky.

    Hi Satyasaich,

    I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.

    In short, My RFE is asking for..
    Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.

    Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..

    Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.

    No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..


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  • mallickarjunreddy
    07-05 04:43 PM
    labor Substitution ....Heloooo!!!!

    Hey its give and take rite , if he bought the labor and or abused the system
    it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank

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  • diptam
    04-11 11:16 PM
    I've a terrible situation now:

    My current H1 is probably going to be cancelled by Apr 30th , I'm looking for a Job on my EAD and will hopefully get one soon by Apr 30th.

    However H1 cancellation means H4 will get auto-cancelled - Is that true ? If yes, then my spouse will lose her status ?? She couldn't apply for her "derivative 485" when I filed mine in July 2007 due to wrong DOB on Birth Certificate. Pricipal Applicant's priority Date is Mar 2005 and EB3-I and there is no signs for it to be current within next 3-4 years.

    What are my spouse's options without falling out of status or leaving the country and remain separated for 3-4 yrs or more years till the PD gets current ? We have a Kid who is US citizen.

    Thanks much!


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  • tabletpc
    08-13 10:35 AM
    very law is suffixed with "Its not crystal clear".

    How to make a judgement out of this and risk ourself....???

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  • makemygc
    06-14 11:21 AM
    Go ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.

    As per immigration-law, filing h1 extension could be a problem along with EAD, as H1 ext can be rejected. See my earlier post.

    Has someone done this earlier??..


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  • MDix
    02-04 10:28 AM
    EB2 share for FB spill-overis 6.5k , assuming EB1, EB4 and EB5 don't use them.

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  • sai_srinivas
    05-19 07:46 AM
    I have interview for AOS employment based on June 20th, 2006. The letter simply says get passport and I94. However i am planning to take all documents with me.

    Here are my case details:

    - Labor was filed in 2001 Nov in MI
    - 140 approved in Oct 2003
    - 485 filed in Jan 2004
    - changed employer in 2004 Nov on EAD
    - RFE for employment letter in Mar 2004
    - Case transfered to local office (Newark), May 2005
    - 3 EAD renewals, 3 AP renewals
    - 25 % more salary than old job. Title in old job was programmer/analyst.
    - New job when joined was Systems Analyst.
    - For RFE response, supplied a good letter with same job description.
    - The current JOb is NJ with a well known insurance company.
    - Recently i got promoted to Information systems Consultant

    Now my Qs are
    - What can i expect during the interview?
    - Anyone with similar experience, can you share ur experience?
    - Change in titles, more salary, labor being from a different state etc are
    making me very nervous
    - Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?


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  • Dhundhun
    10-09 07:06 PM
    Basically, the VB just says that "Even though you waited for however number of years, gone through all the pains with employers, you are NO closer to getting GC than you were a month ago"

    How pathetic is our situation? Every time I think of it as the bottom,there is a new low next month? It's just a never ending tale.

    Very much true.

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  • Munna Bhai
    01-30 09:33 AM

    -I got my I140 approved in MAY 2006.
    -I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
    - I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.

    -On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
    -My employer responded to USCIS letter with required documents.
    -We are waiting for USCIS decision.

    In this situation
    1.Will my H1B also be revoked if I140 is revoked?

    2. Can I transfer my H1B to another employer. How much time do I have?

    3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.

    Any other suggestions , help that you can do. Please advise?

    Answer:If I-140 is revoked, H1b extension is not valid but I have seen cases where USCIS has not bother much about it, if you had valid extension before revoked but do discuss this question with a lawyer.

    Answer:Yes, you can transfer, do it as soon as you can.

    Answer:Yes, start new PERM+I-140 and get extension for 3 years.


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  • fcres
    07-26 10:02 AM
    Documents required for EAD/I-765 per person:

    Completed Form I-765 (EAD):
    2 photos(full frontal)
    USCIS filing fee - $180.00 check payable to 'United States Citizenship and Immigration Service' OR 'USCIS' with your (A# or SSN#) and I-765 mentioned in the comments section of the check
    Copy of recent I-94 card (both sides)
    Copy of visa page of passport in color
    Copy of driver's license
    Copy of I-485 receipt notice (if applicable)
    Copy of I-140 approval notice
    Copy of Marriage certificate (if applying for spouse)

    I also included the latest H1B Approval Notice and Birth Certificate as per the checklist by my lawyer. His fees was high so I filed couple of weeks back and got the Receipt Number from the back of my check.

    Since this is not concurrent filing, i think the fees will increase on July 30th.

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  • northstar1
    07-26 11:36 AM
    Thanks Ashkam. So does that mean it's not really subject to the I-140 processing backlog..any idea?


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  • ameryki
    07-20 11:17 PM
    My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:

    1- Original 485 Receipt Notice
    2- Original AP filing Receipt Notice
    3- Copy of AP approved screen from uscic. gov
    4- Original previous AP
    5- AP was issued by MSC

    Any advice?

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  • punjabi77
    08-18 12:02 PM
    Currently i am asking my employer to refund me the Medical expenses that they have been charging me without my knowledge. Since they are not responding back to my questions, i have threatened them that i will pursue for my GC expenses also that they promised to cover (also documented in my offer letter).
    My current status is EAD and i no longer work for that Employer and i am out of job and looking for employment right now.


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  • Administrator2
    12-09 10:47 AM
    Dream Act 'Motion to proceed' passes with 59 to 40 votes.

    It goes for cloture vote, which require 60 votes.

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  • Jaime
    10-13 01:46 AM

    "Are we worth pursuing?" This is what we need to be asking Congress...before Congress tells us that as high-skilled legal workers we must spend up to 10 years waiting for an immigrant visa (Green Card)m or just go home, they need to see if we are worth pursuing or not. Evidently Congress believes that at least some immigrants are worth pursuing, as evidenced by the free-for-all DV Lottery, where 50,000 Green Cards are randomly given out yeary to people from all over the world (except India, China, Mexico and the Philippines). These free-for-all visas bring 50,000 new people to the U.S. who can come here even if they don't have a job waiting for them, thus they end up taking American jobs (in convenience stores, selling Avon products door-to-door, as car mechanics, whatever)...and then there is us! The highly-skilled people, in the U.S. on LEGAL visas. We are doctors, engineers, business leaders, in positions where no American was found for our jobs (as evidenced by the grueling "Labor Certification" process) we pay taxes, contribute to the U.S. through patents, start-ups, community work, and yet we are abused, drowned in red tape and told to wait for up to a decade for a Green Card.

    Congress needs to decide if we highly-skilled contributors, who are very few compared to the overall pool of immigrants are "worth pursuing" (read the article in the link at the top), or at least whether we are AS worth pursuing as DV lotto winners such as car mechanics from Belarus, or Avon ladies from Bolivia (with the difference that they were given a free ride and allowed to take jobs away from Americans, and us PhDs and Doctors are forced to be certified that we haven't and won't take any job from an American, pay 1000s of dollars and wait for up to a decade)

    Congress! Before you kick out your curent and future Nobel prize winners (We highly-skilled legals!!!!) end the free-for-all DV Lotto! Then you can kick the rest of us out and bask in the way, did you know that there are Americans working in other countries too? (So why shouldn't there also be at least SOME highly-skilled foreign immigrants in the U.S. along the same logic????) It's part of globalization! Wow you didn't know right?

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  • sanjay
    04-22 02:37 PM
    This is ONLY EB2- India Priority dates from prior visa bulletins. Just FYI - no guesses no assumptions.

    Jan-05 C
    Apr-08 1-Dec-03
    May-08 1-Jan-04

    What's the deal here? I think this info is posted a lot of times. Any reason to post it again? Just trying to find reason.

    10-16 10:40 PM
    Thanks All!
    I went with regular.I learned that I could upgrade anytime after I receive the receipt. So, if there's any changes as others have warned in the forum, I'll upgrade at that point.

    Not sure if my response makes sense to most, but, I wanted to get this done during Nava Ratri. My attorney wouldn't process it Premium way until they receive the physical check in hand. Which means I'll have to push this into next week, I was not ready for that either.

    Long explanation, but all who responded and viewed the thread deserve one.

    Thanks for responding. BTW, the fee they quoted me was $1250.00 ( 1000 + 250 processing fee)

    Go for regular, the current processing time for I140 TSC is 4 months, you should be able to get approved before the next spillover season which is Jul - Sep 2011 (This is still a long shot for us :))

    02-11 07:42 PM
    Befitting reply to equally idiotic issue. Read on BBC about "chadiwallas" and this stupid protests against valetines day. Com'on.

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