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  • rajeever
    02-27 12:33 PM
    Hi,

    My name is Rajeev. I�m working as a senior technology consultant (Senior Business Analyst and Senior Quality Assurance) with a top IT consulting and service company.

    Background:

    My H1-B visa and 1-94 are expiring on July 06th 2009 (almost 4 months from now) and final 6 year H1-B time is ending on May 2011.

    I spoke with the HR manager of my company to renew my H1-B visa four times in last couple of months but every time she says that there is of integration going on (Actually, my company was acquired by another company and right now integration is going process is going on). However, I spoke with the immigration department of my company and they told me that since integration process is under way, however this integration process will not effect the renewal of H1-B process, company will deal it in the same way it was dealing before. I explained this thing to my Manager on Tuesday but again, she was not convinced and want to speak with the her immigration contacts and advised me to wait and didn�t gave me a date when she is going to get back to me ( I don�t know what is going on in her mind).


    So far, I�ve not applied for Green card, actually, last September, I submitted all the paper work to my Manager (till Dec 2008, I was employed with the consulting division of my company and afterward, I was transferred to the local account). With this transfer, my consulting division manager refused to process and pay for my GC and advised me that I should apply it through local account.

    Now local account is saying that it is very unlikely that they�ll sponsor my GC because there is lot of cost cutting going on and GC process takes anywhere from 10 K to 14K. I did told them that company may deduct the GC fees through my pay. But I didn�t hear anything from them so far. Its been almost 2 months now.


    Advise and Help:

    Since my final H1-B is expiring on May 2011. Almost 2 years and 2 months. My GC is not filed yet. What should I do now?

    1. Look for a new job, who can sponsor my H1-B (actually, I�ve started looking but no luck yet).
    2. What if if I don�t find a job till July 6 2009?
    3. is it a good idea to transfer my H1-B visa to Indian consultancy company without a project in hand?
    4. Please recommend good Indian consultancy companies to whom I speak regarding my H1-B transfer and GC application process.

    Please ask me specific questions or which I may not have addressed above or I�ve not explained any section above.

    On the different note, I was also got stuck in Canada last year from April 2008 to Aug 2008. Here is my previous post http://immigrationvoice.org/forum/showthread.php?p=279088.


    Many thanks!

    Rajeev

    .





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  • tinku01
    07-22 07:26 PM
    Bluez if dates move back then they will take effect from Sept 01 and you are already attending interview in Aug. Now as per law there no other bulletin can be issued for Aug again. If you rememebr same thing happend last year in July and then second bulletin had to be withdrawn. So don't worry have fun and enjoy.





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  • jonenike3333
    05-20 12:22 AM
    We are beneficiaries of my husband on a EB3 petition. due to retrogression issue,





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  • Blog Feeds
    08-08 09:40 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg73I7-8T7SA3RfNIqFOdgpK1fP1SI3PyVKBq15grO0BCxTRE6yKuup-GCGN8WLdWkAn6NAcgIIv6hWCk77iShP7d95nvB2o_zdwF0MrlCHabMcn6fYZYqAPEbcHDiGJD9sEkPeK1EK5DQ/s320/investigator+image.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg73I7-8T7SA3RfNIqFOdgpK1fP1SI3PyVKBq15grO0BCxTRE6yKuup-GCGN8WLdWkAn6NAcgIIv6hWCk77iShP7d95nvB2o_zdwF0MrlCHabMcn6fYZYqAPEbcHDiGJD9sEkPeK1EK5DQ/s1600-h/investigator+image.jpg)
    As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not an exaggeration. It is true of an agency still steeped in the "Culture of No."



    Many of you remember the Religious Worker "Benefit Fraud Assessment Teams" that went out to make sure that the Catholic Church was actually still in business. The ability of the USCIS to conduct effective program reviews, rather than just sticking with its core strength of adjudications is rather dubious, to say the least. Recently AILA shared some information about a "new" benefit fraud assessment program in which USCIS is beginning to use the millions of dollars it has received over the last decade from the "fraud fee" in the H-1B program. This new program involves the hiring of a private contractor to send "investigators" out to conduct 25,0000 site visits to H-1B employers to verify if the H-1B employee is working at the employer and performing the work as outlined in the H-1B petition. Yesterday, a client of mine received such a visit, and thanks to a terrific Human Resources Professional, we have a brief report of the scope of this style of fraud "investigation:"


    The investigator came back yesterday. Her name was ______________. She indicated that she was a contractor hired to conduct these investigations (this is similar to the investigators that conduct the background investigations for government clearances). She had a badge with a picture.

    She first met with me (HR REP). She asked me some very basic questions about the company, what we did, how many employees we had, work hours, office locations, etc. She also asked me how many employees we had on H1Bs, how many we had sponsored for permanent residency and how many total of our employees are legal permanent residents. It was hard to answer these off the top of my head. She said approximate numbers were ok even after I offered to get an employee list that I could look at to get her the exact numbers. She then asked me a couple of questions about the H-1B employee � what he did, his salary, work hours and start date. She asked me for ID so she could verify that I was who I said I was and she asked to see a W-2 or pay stub. I didn�t have either so I showed her the payroll register from our last payroll which satisfied her requirement. She then met with the foreign national employee for a couple of minutes. He said that she asked him about his job duties, work hours and salary. She also checked his ID. She asked me for a quick tour around our offices and left.

    It was a pretty quick process. None of her questions were hard to answer � hopefully we passed. She was very nice and professional. I did apologize to her that I missed her when she came over the first time and she said that they want their visits to be �surprise� visits so unfortunately this is a problem they have to deal with.

    The foreign national employee did tell me that he asked her if he was selected randomly and she indicated that he wasn�t � I guess they are going to be doing this for everyone.

    You can see from this brief report that we as attorneys have yet another issue with which to deal. Now we must advise our clients of these waste of time investigations not targeted to find those employers or employees abusing the H-1B program, but rather designed to throw as much enforcement as the government cannot afford at a problem that does not exist in order to justify jobs and and the expense of a program that should be more effectively and efficiently run. Just what we need in the middle of an economic downturn, more government regulators! Where is John Galt when you need him?


    What makes the expenditures of these funds in such a random way even more outrageous is the recent report noting that the number of affirmative filings to USCIS has decreased by almost 50% (http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-meltdown-green-cards,1,2640213.story) year over year at the USCIS. Because USCIS's budget is entirely dependent on fees paid by users, the question becomes this: why is USCIS spending money on a program "looking" for problems when they would be better off using their resources to solve the problems they already have as an agency and better manage the extant operations that need to run more effectively.
    https://blogger.googleusercontent.com/tracker/186823568153827945-7219682141896598992?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/08/uscis-h-1b-investigations-run-amok.html)



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  • GTGC
    02-07 04:47 PM
    A few days ago there was a soft LUD on my spouses and my I485 applications. I am the primary applicant and I also had a LUD on my I140(approved in 2006).

    Then a couple of days later the message changed for my spouse and we recieved a physical notice in the mail from USCIS. The notice stated that-
    Only my spouses I 485 application was transferred from TSC to NSC. The reason for transfer of the application was "faster processing".

    Has anyone had this experience where the derivative application was sent to another service center but the Primary application remained in the original center.

    My lawyer says this is normal processing.





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  • martinvisalaw
    06-12 05:18 PM
    The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.

    My 2 cents.

    Yes, she should be able to extend, but we don't know all the facts so cannot say for sure, especially if the former employer withdraws the I-140.



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  • garfield_x
    03-05 03:23 AM
    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.





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  • gcnotfiledyet
    05-12 11:42 PM
    I wonder what is the need of such crap from these airlines? Why not fly directly when service is available. Racism in Europe is a known fact and is evident everywhere. Best is to boycott their service and they will realize the result. Until people start doing it on massive scale they will not provide proper service.

    My advice screw Europe, fly direct. This will help US economy and help create jobs here and can indirectly help us here.



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  • GetGC08
    05-10 04:45 PM
    Hi All,

    I came to US on H1B visa in Feb 2005. Initially for two & half months(2.5) I was on bench, than I got project for 6 months. After that project again I was on bench for two & half moths(2.5). Means totally I was on bench for 5 months, so for that period I don't have paystubs with me. I have W2 & paystubs for those 6 months(when I was on the project) as I paid tax for those 6 months.

    After that I never be on the bench till date, means I am constantly on the project from Jan 2006 to till date.

    My labor got approved & I-140 is in process. Now in future if I get RFE on this issue than how should I give response in that matter?:confused:
    I am asking this because I want to be prepare if any RFE come regarding this issue.

    I will really appreciate any kind of response/guidance in this matter.

    I really need solution for this problem.

    Thanks in advance.





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  • eb3_nepa
    02-03 02:03 PM
    Ragz,

    I have used a similar copy myself when meeting the staff of Congressman Michael Fitzpatric, with great results. However we were told that we were waiting for the lobby firms to give us their input. My guess was, if they are going to provide some really good insight, then we might as well wait a little and add that b4 meeting the Congressmen/Senators.

    If you guys are decided on the presentation, then i can go ahead and book the appointment.



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  • Jaime
    08-01 10:30 AM
    KXAN reporter Matt Flener requested the following:

    I�m looking to do a story on immigrants that get bad immigration lawyers. You know, the ones that say they�ll do it for really cheap, yet screw everything up. Do you know what I�m talking about?

    Also, do you know of any other stories through your affiliation with immigration voice that I could work on? Any place where people trying to get into this country legally are not getting a fair chance.

    Sincerely,
    Matt Flener
    Reporter
    KXAN Austin News


    Do we have any one here in Texas (Austin would be better as he can come by and talk to you) whose lawyer experiences are a nightmare? Let me know and I can put you in touch with Matt Flener.

    "A fair chance" - what a key phrase! A fair chance would be awesome, that is all we are asking for, yet we aren't getting it! I'm glad the media has some interest in this!





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  • chandrajp
    08-15 03:32 PM
    My 485 was filed on july 2nd, have'nt recieved the RN,Now i want to file for EAD/AP without RN (cos need it badly for my wife) but the lawyer is advicing against it. He says...


    My concern in filing the EAD/AP applications without the I-485 Receipt Notice is that it will take USCIS a long time to marry the files together, and that much longer to adjudicate, versus filing the EAD/AP applications with the I-485 Receipt Notice. In the latter case, the application can stand on its own, in that USCIS does not have to "search" for any other file; in this instance, we suspect USCIS will adjudicate these applications faster.

    Anyone in the same boat..

    I feel your lawyer is definitely correct. If you send I485, EAD and AP forms together, you don't need to worry about A#. Whereas if you file I485 only and then apply EAD and AP later, you definitely need A#(which you can find in I485 receipt notice) to fill in the EAD and AP forms. What # would you give in these forms for A#?

    But again this is my personal thought.



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  • abheja
    08-25 10:47 PM
    Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.





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  • raviram1980
    01-15 10:58 AM
    Thanks a lot for your reply. Can I request the consulate here at New Delhi to give back my passport and I-797 which I submitted to them ?

    Regards,

    Ravi



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  • saps
    01-09 12:19 PM
    Gave you a green :)





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  • scorpioca
    05-19 09:38 PM
    Yeah, I have proof of Nepal. My mom still has properties and farm land in nepal.

    I read at few forums that Indian consultate does not entertain changing place or date of birth? are there any exceptions to that? Or have they changed policies?
    Has anyone been able to change the place of birth?


    Thanks



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  • gc_check
    06-13 08:21 AM
    IV core shud approach republicans who are saying no amnesty to law breakers.
    Let us approach them and convince them to bring amendments to reward law abiding people like us.

    Core along with the lobbyist will certainly be looking for all available options, to work on.... But this is affected by the funds they have also.... Non-core can assist with the action items proposed by the core and with the funds.





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  • bah9422
    10-17 08:20 PM
    you can expedite your AP by submitting proof of emergency situation like if someone is critically sick back in india.call USCIS and they will give you fax#.you will need to fax doctors letter and copy of AP receipt notice.it takes around 10 days for approval.





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  • webm
    08-27 02:42 PM
    What was the cause for H1B rejection??





    santa123
    06-21 12:41 AM
    What did the employer ad state? give more details.
    Also, why did you combine education and work exp on your ed eval? where did you get your eval done?





    Rajwaitingon140
    11-20 06:27 PM
    I think you mean I need to see which dates are processing @ NSC; if my I-140 reciept date exceed more than 60 days then I can request my Attorney to got for SR(Service Request)?

    Please confirm guys..by the way what are the documents we need to provide to go for SR or Attorney will handle it?

    Your response much Appreciated.

    Thank you
    RT

    Sunny is right.

    The approval came after 27 days of opening the SR.



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