Sunday, June 26, 2011

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  • bsbawa10
    08-14 09:43 PM
    **********EDIT:
    Since some people were corrupting other's data, . I do not know if it was intentional or unintentional. If it was unintentional and you do not know how to use spreadsheets, please Fill the form by going to
    http://spreadsheets.google.com/viewform?key=pQG8H7vLQOz5-YnFYQw71PA

    To view the complete data, please visit the link : i.e.

    http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&t=6902263567496904009&guest

    The spreadsheet is totally sorted now according to the PD. I had to make one change though. The day of the month of PD was not mentioned and I had to write something to sort it out. I made it 1st of the month for everybody to be able to so sorting. I guess we can live with that abstraction.

    Some people are not acting responsibly on the data. I made changes now. I brought the data back and also you will have to login into your gmail account now tobe able to make changes.

    My humble request to all please act responsibly.
    Do not edit somebody elses data.
    Do not add/delete/modify any column.
    Do not sort the data. If you really feel the urge, import it to your local computer and then sort it.
    I will sort the data according to PD periodically.

    You can add your own row at the end . Also please please do not sort the data.





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  • sledge_hammer
    06-30 06:18 PM
    Hello all,

    I need clarifications on how to answer certain questions in the I-134 form. Can someone here please help?

    __________________________________________________ _______________
    2. I am __ years of age and have resided in the United States since (date) ______

    Do I enter the date I first landed in the US, or the most recent landing?

    __________________________________________________ _______________
    3. Name of spouse and children accompanying or following to join person:

    I am sponsoring my mother and father. Do I name them here? Or should I have separate I-134 forms for each parent and leave "Name of spouse" above blank?
    __________________________________________________ _______________
    7. I am employed as or engaged in the business of _______ with _______

    Should I enter my company's business type in the first blank and name of the company in the second blank?____________________________________________ _____________________
    8. The following persons are dependent on me for support:

    My wife and I file our tax as married/joint, and we do not claim each other as dependents. Should I leave the above item blank? Do I leave this blank?
    __________________________________________________ _______________
    9. I have previously submitted affidavit(s) of support for the following person(s). If none, state none.

    I had sponsored my wife's H4 when she came to the US 2 years ago. I'm not sure if I did I-134. Do generally people file this during H4 sponsorship?
    __________________________________________________ _______________
    10. I have submitted a visa petition(s) to U.S. Citizenship and Immigration Services (USCIS) on behalf of the......Date Submitted?

    I had of course sponsored my wife's H4. For date submitted, what date should I use?
    __________________________________________________ _______________
    11. I xIntend xdo not intend to make specific contributions to the support of the person(s) named in item 3

    What should I enter here?
    __________________________________________________ _______________

    Thanks in advance!





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  • gc_kosam
    06-02 03:36 PM
    Happy Scenario

    1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140

    3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month

    Not so Happy scenario and reality

    1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - You need to File for 140 after the labor approval 6+months

    3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- Takes 1+ year to get your 140 approved + you need to wait for 6 months+ to get your 485 interfile updated

    We are talking about atleast 2 to 3 years to get from EB3 to EB2 , so Please participate in IV campigns , call the representatives

    Thanks for your response.

    Guru's any other thoughts (particularly on question 2 and other questions)





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  • ilikekilo
    06-18 11:47 AM
    as far as my lawyer says once on ead, even for one day you cant go bck ot h1b



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  • GCNeophyte
    09-17 01:47 PM
    Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.

    short answer - i had been in your situation and what my laywer told me is this

    doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.

    Secondly, you are all good to continue working on your H1b even after entering through AP.

    this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.

    Good Luck !!

    bank_king2003 was right on. you don't need EAD or H1, AP was issued on your pending I485, POE won't care but they will still verify (it typically takes around 60 - 90 mins), you need to wait Patiently in IO supervisor office @POE. My personal advice is don't act smart with IO in POE and give them excuses like i have connection flight to catch etc.,





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  • deafTunes123
    04-15 10:39 AM
    Man....9 loong years....thats too long in this era for one employer. Congratulations on your GC Approval. I can clearly see the relief.

    I got my approval y'day from TSC. This marks the end of GC journey. Been with same employer since Aug 1999 ( 9 Long years...........).



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  • kittu1991
    09-09 01:28 PM
    I had applied for PERM in 2006 with software programmer title with 8 yrs exp in EB2 and got it approved so i don't think it should be a issue. I have applied my second PERM in April 09 as senior software engineer with 10+ exp in EB2 still waiting to get it approved. My lawyer never raised any issue with my current labor in EB2 so i think we should qualify in EB2 with software engineer position. Where did you find this information about limiting EB2 to managers only? If you want to get in the line for GC don't waste time.. do it ASAP. It is taking a long time to get PERM approvals, don't know whats going on at DOL and why it is taking this long. There are hardly any approvals after Nov 08. Did anyone with PD after Nov 08 got their PERM approved recently?

    The fact that there is no approval and you don't know what they are going to do with your new perm application is the concern raised. As long as we are seeing any EB2 approvals for SW engineers how can we conclude that nothing has changed and everything will be so easy going. My sis has applied for perm in apr2008 and she got 3 RFEs to which she responded 6 months ago and still waiting.





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  • coolblues
    08-14 08:01 PM
    Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.

    I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
    And finally, earlier today I got another email from my consultant that my visa was denied.

    My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)

    My question to you folks is :
    - Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
    - Can this actually happen (that RFE doesn't get delivered at all) ??
    - He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
    - Also what are my chances getting a H1B via the appeal route ?

    Thanks in advance



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  • kevinkris
    10-10 05:23 PM
    Beware of contractual agreements between your company and the end client. Normally they will have contrac that you will no join the vendor or client directly after the contract is terminated. You will be in legal problems. This is nothing to do with your GC.

    I recommend, since you go GC find a job else where once you are fired by your company.





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  • veni001
    02-06 09:46 PM
    Hi ->
    I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
    So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.

    Points that summons contain :
    FIRST COUNT : Breach of Contract
    Second Count : Tortuous Interference
    Third Count : Breach of Duty of Good Faith and Fair Dealing
    Fourth Count : Unjust Enrichment
    Fifth Count :Misrepresentation and Fraud
    SIXTH count : Breach of Duty of Loyalty

    Really I would you appreciate you guys advise me right way to handle this.


    Either you or your attorney can respond back to your previous employer indicating that you will be reporting to DOL on FORM WH4 (http://www..com/forms/wh-4.pdf) on his/her H1B violations(not paying on bench is clear violation of LCA). Remember one thing employment is at will ( both ways) in US.



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  • franklin
    03-26 07:53 PM
    Thanks Franklin, I got your PM. I am ready to get involved. Please PM me the documents.

    Not sure if or how to PM docs - PM me your email if you like and I can forward them





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  • desighee
    02-25 07:22 PM
    ** You should Eat only in McDonalds. If USCIS finds evidence that you eat in other places, they will revoke your H1B

    ** You should Drive only Toyota and Honda cars. If USCIS finds evidence that you were actively searching for other cars, they will revoke your L1

    ** You should Buy groceries only in Walmart. If USCIS finds evidence that you wish to buy from other stores, they will issue RFE on your I-140

    ** You should Drink only Cola. If USCIS finds evidence that you think of other drinks, they will deny your I-485

    Add many more, there are 101 ways to torture a non-immigrant.



    ** You should only pee once. If USCIS finds evidence that , they will deny your I-485:)



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  • anilsal
    06-29 04:10 PM
    My passport is filled with various schengen visas.

    I take the insurance from Travelex. It costs around $25 for one person.

    I once had an issue where one of the connecting flights was missed because the previous flight got delayed due to technical issues and since I booked from different travel agents, I had to shell out $300 bucks.

    I called Travelex to get the details about refund. They sent me a form. After that I procrastinated. Travelex kept sending me reminders that I have not sent the filled form (really, which insurance company wants to remind users about claims?).

    I sent the form and my refund came back within a week.

    I like Travelex insurance because it takes 10 minutes online and I expense it as part of my biz trips.

    I really really would like to see Europe issue longer duration visas. Their Schengen visa is plain ridiculous.

    By the way, I just came back from Europe yesterday.

    Many countries in Europe have free healthcare. So it is not really an issue to get healthcare. The insurance helps you when you have to be transported back or such in very very unfortunate cases.





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  • pamposh
    08-08 12:33 PM
    Pamposh:

    I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?


    What is your back up plan

    VSC received the application based on the tracking info from UPS.
    Whether they forwarded it to NSC or TSC- I don't know yet.
    based on the question 6 in link below from USCIS, i think they will
    http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf

    BUT when I don't know! what will be the receipt date? Not sure!

    No back up plan! I think we should be ok but don't know for sure. Filed on my own so no attorney to go to.



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  • sekharan
    10-13 10:47 PM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    4. Are not all greencards created equal?

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated.





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  • raysaikat
    09-02 08:43 AM
    You are on EAD. When you fill your I-9 form with the EAD info. your on EAD...but USCIS doesnt know about this...its up to the Employer to inform the USCIS but usually (or generally) the employer don't inform the USCIS,however I don't think its mandatory to inform USCIS. In any case its not on your shoulder to inform the USCIS.

    So, what I would do, is save the I-9 form (it must have the date when you signed) and pay-stubs...just to show that you have been on EAD, should you get any RFE regarding the status.

    Thanks....

    This is not correct. The OP's status is not determined by what he files in the I-9 form. The determining factor is the I-94 form, the latest one that is valid. If the OP got an I-94 attached to his I-797 form (usually one does), then s/he is in H1-B from the day printed on the I-94 form regardless how long does the EAD remain valid.

    AFAIK, if the OP wishes to remain on F-1 EAD, s/he can go out of the country before the H1-B I-94 starting date (Oct 1?) and reenter US on F-1 visa (i.e., the I-94 given at the port of entry would be for F-1). I do not know if there is any risk involved, or what would happen to the H1-B approval.

    ---------
    I am not a lawyer. Use at your own risk any information given by me.



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  • gchopes
    04-04 01:12 PM
    Thanks for your responses. The hospital staff told us it would take 60-90 days to get the SSN. I am stuck until that arrives because only then can I apply for the passport. Any way to get around it?





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  • Dhundhun
    05-22 01:07 AM
    hi thanks your input.
    what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.

    I saw your profile. You are from Nepal.

    As far as Soft LUD is concerned, there should be one or two after finger printing. (Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 for EAD cases).

    Your priority date is current.
    I hope that they must have sent for Name Check long ago - this should not be blocking.
    What about processing date (Aug 24, 2007 is receipt date)? There was memo from USCIS that it may take over 18 months for processing date to come around Aug 2007. Your I485 i.e. GC can be blocked by processing date.

    For example today Nebraska is processing EB based I-485 Application of July 14, 2007. I heard that in a month there was just a change of three days. For Texas, keep on looking at https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC





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  • vin13
    03-17 10:19 AM
    All,
    I got a couple of emails from USCIS yesterday stating that they have sent notices requesting additional evidence/information on our I-485 applications. My priority date is October 2006 (EB3) and I am not sure why I would get a RFE now. Has anybody with a similar priority date get a RFE too?

    I will let you guys know what was requested in the RFE as soon as I get it.

    RFE can be issued even though your priority date is not current. This is because USCIS is processing the case and keeping it ready (pre-adjudicate) to issue GC when dates get current.





    Michael chertoff
    02-01 09:04 PM
    Hi Everyone,

    My AP is valid until JUNE 27 2011, (Here is the line from the I-512L, Presentation of the Original Document prior to June 27 2011 allows a customs and border protection inspector at a port-of-entry to parole the named bearer) I'm travelling to India during May / June and will be entering LAX back on June25. Will this be an issue as my AP is expiring in next couple of days.

    Experts please let me know your thoughts on my situation whether it is safe to travel and getting in back will not be of an issue.

    Thanks if you can help me out

    Regards
    Karthik

    why dont you apply for renewel?

    Thanks

    MC





    anurakt
    12-19 10:26 PM
    Tristate chapter meeting

    CT state chapter invites its CT members and members in
    NY and NJ areas to attend the chapter meeting this
    Sunday 24 Dec, 11 AM in Stamford, CT mall.

    We would like to meet and discuss our agenda and
    action items.

    Venue- Stamford Mall central area. (there are steps,
    piano and christmas decorations). You can easily find
    it. 100 Greyrock Place Stamford, CT 06901
    Directions:

    http://www.shopstamfordtowncenter.com/infodesk/directions.html

    It is also accessable by trian from New York city. You
    can take the metro north train to Stamford. It takes
    40 minutes by train from NYC Grand Central Station.

    Date and Time: 11 AM, sunday 24 Dec.

    Organizer: Anurakt, CT state chapter. Contact phone : Please send me a private message for phone number.


    Several CT and NJ members have already told us they
    are attending. It will be great to meet everyone. I
    look forward to seeing you there.

    Anurakt



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