Thursday, June 9, 2011

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  • coopheal
    11-07 10:30 AM
    I am very disappointed with all of us. We all have big ideas about what should IV core do. But a very few would actually take initiative and work for the cause.
    Not a single new person came ahead with the contribution this month.





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  • pappu
    04-10 11:55 AM
    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.





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  • hibworker
    03-17 12:15 PM
    Any recent experiences please.
    How easy or difficult is it.

    Is it any different in Chennai or in Hyd.

    I heard different things like some employer memo or something. Is it related to stamping.
    If it is, please share your receent stamping experiences.

    Is Canada better.,

    Thank you
    Bobby.

    If your documents are in order then there is really no need to worry. The employer memo you are talking about is about employer - employee relationship. If a worker on H1 visa is working at a client site where his / her employer do not directly control the day to day activity then that person will be denied H1.

    In plain terms if you are on staff augmentation project and report to a client manager who controls your day to day assignment and your H1 employer only runs your payroll then there will be issues when you go for stamping with a possibility of your visa getting denied.





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  • neeidd
    10-09 06:04 PM
    What is the secondary inspection about? Is it just sitting and waiting while they do some checks on our file or do we have to answer some questions? Please let me know


    Thanks



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  • wandmaker
    03-05 02:05 PM
    Hi,

    I am in need of some advice. I am on first h1b extension with 2.5 hears left. I have an MS but was filed under eb3 with priority date of march 2005 (didn't knew about priority categories at that time). Now I am feeling a bit stagnant in my current job, but have always felt myself constrained thinking about restarting the GC process from zero. Given the current eb3 condition and my priority date what would you suggest I should do? Switch job, get a salary raise, restart under eb2 or continue doing whatever I do hoping eb3 will become current in some reasonable time and i'll be free ?

    Thanks for any inputs/thoughts.


    eb3retro, As you may have noticed, this was my first post ever. So I am not aware of what rules you guys have been trying to enforce on this forum. However I like to have my privacy and refuse to share any info that is not pertinent or until I feel comfortable enough. so long .....

    IV does not collect any identifiable information. The information is being requested is all about petitions that you had filed, which no way affects your privacy in my personal opinion. These information will help IV to slice and dice the data and present it to lawmakers when the need arises.

    It is up to you to contribute to these efforts with clean data. I would suggest you to get a paid consultation from an immigration attorney until you become comfortable with IV, people and its forum





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  • PDOCT05
    10-29 11:35 AM
    Did you get the receipt for your dependent's 485 application or was it rejected before they issued a receipt?

    They issued receipt(starting with LIN 08XXXXXXX) and it came with the status as rejected. And infact they returned complete application.They asked me to correct and re-send the application to different P.O.Box after correcting.



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  • JA1HIND
    03-20 04:09 PM
    How many of you support this idea ?

    Rally in DC in the morning and Fasting till 5PM in front of the capitol.

    I will certainly support if I know the cause for this fasting & if I know more details on this rally?

    btw: I can also support by dancing and singing all night long (of course it comes out naturally after I have 5-6 drinks....:D) just kidding..

    when you get a chance give more details on the cause for this rally, date etc., and see how I can support.





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  • msekhargc
    06-21 11:41 AM
    Thanks for your response

    As per my employer adv :

    Required degree : Masters degree in Engineering or related field (no experience)

    The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.



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  • lazycis
    09-17 09:59 AM
    You can start working for other company only 180 days after receipt date for your I-485. The job has to be same or similar (profession-wise). If you are planning to change companies, it's better to do it before you get your GC, rather than immediately after.





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  • dipmay2002
    11-05 02:08 PM
    Notarized NOC is needed from you and your wife but was never checked for my daughter when she came back from India with my mother-in-law six month back.



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  • immiusa
    09-09 10:27 AM
    I agree that TANA & ATA are big organizations. But their focus is entertainment. And I heard that there is a lot of corruption. There are some allegations that people spend lot of money to become the president(or some other highest post). Who ever is competing for the highest post, they spend lot of money towards new membership program. they register all new members and ask them to vote for them. This happens just before the elections for the post. I do not think, people spend hundreds of thousands of dollars for new member registration with out expecting some thing back. Probably, there may be lot of corruption involved. I do not think, it is good idea of joining such kind of organizations. More over, there may be more organizations for each indian language in USA. Are we going to attach with all of them?

    This is my opinion. If you do not like, you can remove it.





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  • alterego
    09-25 06:55 PM
    This question is arising a lot. It really should be asked of the Q&A session with the immigration lawyer. It clearly is figuring in the thoughts of a lot of members and if she is not sure she can perhaps clarify it through the AILA liason.

    My understanding is that your 140 and its associated PD is protected only if you have filed 485 and are waiting 180 days. In cases where 485 is not filed, I believe you need the cooperation of the previous employer who has to leave that petition open until you get to the 140 stage with the subsequent employer at which point you could substitute the PD.

    I know a few of the lawyers have said otherwise but I am not sure what their basis is for that. I think it needs some clarification. It may infact be so and that would be great but clearly with half baked knowledge in this era of massive retrogression it could turn out to be a painful mistake if the clock has to reset!



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  • shaileshkaria2525@hotmail
    09-19 11:30 PM
    I want to share the experience of one of my friends who recently went for visa stamping.

    He went to Mumbai Consulate with his family for H1B and H4 visa stamping on 08/25/2009. Here are his basic details.
    *He got his H1B approved through October 2011.
    *He has his GC process on.
    *He had originally come here on B1B2 visa about six years back and got the visa converted into H1B visa.
    *His current employer is his third change of jobs and have been with this employer for the past 3 years.
    *He has his I 140 approved for about a years time and has EAD, and AP valid through October 2008.
    His Experience
    Their appointed time for visa stamping was 9.00am and their turn came at about 11.00am.The Visa Officer asked my friend routine questions about how he got his first job and he answered exactly as his lawyer had advised. The VO asked him questions about his current employer, what the company was doing, how many employees did the company have et al. She asked him a specific question as to why he went to the US first and why his family joined him later initially although they got the B1B2 visa together. To this he replied that his sons were students in India and they had their terminal exams in September back then.

    Then she asked him as to whether he had his credentials with him. He showed her his degree certificates as well as copies of his membership certificates of Chartered Accountancy. She looked at all the originals and then conveyed to him that there were inconsistencies on his certifacates with his original B1B2 visa application and that she will call them later. My friend gave her a copy of his credential evaluation for all the degree certificates.

    They were stranded at the consulate for another two hours when another VO announced their names. She was an Indian lady who asked him a silly question about CA institute and as to why he did not mention the name of the city where the institute belonged to. My friend replied that it was an all india institute head quartered in New Delhi. He also conveyed to her that he had given them a copy of his membership as a fellow ( CAs receive the membership certificate as a fellow after they complete public accounting practice as an accountant for five years). She then conveyed to him that she will call him later if required. After about one and half hour further the original visa officer called their name and conveyed to them that there was some further investigation needed to be done on their case. Gave them a yellow letter that stated that he will get an e-mail from the consulate office and they do not need to come back. She gave four VFS envelopes for all of them and asked my friend to wait for the e-mail. She told him that there was nothing to worry about in his case bla bla bla...

    My friend and his family had their tickets booked back to US on 08/30/08 from Mumbai. He called his lawyer in US and sought his advise. The lawyer advised that ideally my friend should wait for the e-mail and extend his stay in India. To which my friend replied that he had already availed three weeks of vacation and that he needed to go back to US. They waited with baited breath for the e-mail from the consulate that never came. My friend meanwhile managed an e-mail from his boss that asked him to resume his work on Monday September 02, 2008.

    They took the risk and came back to LAX on 08/31/08 and did not encounter any problem using their Advanced Parole documents.

    This morning my friend received an e-mail from the Consulate Office in Mumbai that stated that the administrative process for the non-immigrant visa application on his case had been completed and asked him to come at the Consulate on any working day in the morning with yellow letter, VFS envelope, and documents pertaining to visa application. But the last sentence on the e-mail read as under, " Personal appearance is required. Please carry a copy of this email for ready reference."

    Gurus! anybody with previous experience like this please share your experience that will help my friend decide as to what he needs to do!





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  • coolvigo
    11-15 11:53 AM
    I live in maple grove and I did not get it in last group since I changed employers in begining of this yr. But I do have PD from Aug'05.

    What about you Libra?



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  • jetflyer
    06-11 01:24 PM
    Also depends what is the compensation for the position. As what I see normally (applies to contracting only) any job under $50/hr goes unfilled or takes longer but jobs with $80-$100 gets filled in 2-3 days and creates shortage for those.
    May be because immigrants (H1 & GC) who came in around 1997-2001 have over 7+ yrs of US experience and get paid really well :D





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  • inspectorfox
    09-16 12:49 AM
    I agree that the DC rally is a critical event but I think I am loosing interest in this online forum. I guess the forum moderators may be busy with organizing the DC event. It's time for a clean up act. I am urging members to stop posting so many unnecessary and irrelevant threads. We all understand the importance of this rally. Peace!



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  • chanduv23
    09-03 09:51 PM
    If it is in one of the three locations listed(Jersey City or Edison or Bridgewater ), I will be able to make it, as I expect to be in the Philadelphia region during that time. Anyone interested in carpooling can mail me at sertasheep AT immigration voice. org

    Point of Departure: Malvern, PA
    Other points of pickups possible: Exton/Frazer, PA; King of Prussia, PA;
    Can accomodate upto 4 more people in my vehicle

    Great - thanks for offering car pool options. Venue will be finalised soon.





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  • Singer
    10-22 01:12 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer





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  • martinvisalaw
    10-22 01:50 PM
    I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?

    yes

    Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India? [

    Your wife will be applying for a new H-4 visa, but it's not called a COS. That just applies when a person applies to change status while remaining in the US.

    I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.

    Either is OK. Once you have H-1B status it doesn't matter that you don't have a valid H-1B visa





    sbmallik
    09-10 10:00 AM
    I have finished my 6 years quota of H1B and right now I am on TN visa (I am Canadian). Since I started the green card process a little late, I still need more time to finish the green card process. So, my question is, is there any way I can go back to H1B visa again once my TN visa expires. I can not renew my TN because I have applied already for I-140 and that shows my intent to immigrate to US.

    Thanks

    Theo

    Was your I-140 petition filed when you changed your status from H-1B to TN? In my opinion, it is the I-140 petition that discloses immigration intent. However, as the previous poster mentioned, your employer can extend H-1B after the I-140 approval. Till then I think you have to continue on TN status.





    ps57002
    09-04 05:12 AM
    any pickups from Queens area or Manhattan???

    also can someone give link to something that can be printed like a flyer re: rally on 18th?



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