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  • immi_enthu
    08-10 01:28 PM
    I got an RFE about my company's latest Tax statement for the current year. When my attorney sent one, I got I140 approved immediately.
    What I heard from my friends nowadays, usually it's company's ability to pay. If the company does not show sufficient income even to pay the employees, then there could be an issue. But just wait for the notice. I think your attorney gets the notice


    same thing happened to me.




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  • BeCoolGuy
    04-02 03:05 PM
    Oh well, here you go:

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=4651055651

    This is the process u may follow -

    1) Hope DOL/USCIS does not know this.

    2) over the long run - File WH4 form at DOL. Or else they may revoke your I-140 even after approval. That will help you save your status incase DOL comes after. Very important to do, Form will collect many scary details about you (H-1B Nonimmigrant Information), but it is necessary for you to be safe.

    3) Using the fact that you filed WH4, you can switch employers, without paystubs.

    4) Follow up hard with employer. He should know that this is not legal.

    Keep us posted.

    Goodluck




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  • anil_gc
    11-26 05:05 PM
    are you EB1, EB2 or EB3 and which Country?

    EB2-India, PD-Sept 2003, I-485 file Filed 26th June, RD- 4 Aug 2007 , I-140 was approved in May 2007




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  • ampudhukode
    03-24 03:04 PM
    Hello All,

    Had a qstn. Is it good enough to take just the offer letter from the current co and latest paystub to the consulate in Chennai to stamp H1B ? Its for a friend of mine and he is a first time H1B applicant. Problem is if he puts in a req to the HR for exp letter they will ask him a reason and the reason will be printed on top of the letter, and obviously he cant ask for a letter to US consulate for H1B since they will come to know he has intentions to leave.

    I am sure a lot of people would have been in similar situation. Did not find any other thread that discussed this issue, so in case there is one please point it out to me otherwise any suggestions would eb welcome.

    Thanks,
    ampudhukode



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  • jetflyer
    06-12 01:43 PM
    Success Formula for EB2-I:
    1)- Get rid of all EB3 => EB2 conversions
    2)- Get rid of all Subs

    And there you go we have a fair FIFO system, but hey do our desi folks agree with this :eek: I bet they don't, when they themselves don't like FIFO and straightforward system and how come we expect USCIS to be straightforward and follow FIFO:confused:

    Moral of story: Hang in where you are, its already very complicated PD,RD, ND, Country cap, EB cat ... blah .... blah




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  • visves
    06-18 02:37 PM
    With the new fee structure, you would not have to pay USCIS every year to renew your interim benefits (EAD/AP). This would be most helpful if you are from a retrogressed country and don't expect adjudication any time soon. But, I am not sure what disadvantage you would have if you wait and file on July 30 instead of July 1...obviously there would be a ton of people before you. Personally, I am not sure how everything would play out and if the benefits outweigh the risks.


    Since many are about to file their I 485 petitions, there was some talk about some advantages to filing this petition when the new fee structure goes into effect end of July.

    One might be able to wait till mid July to see the August bulletin come out, if PD still current then could file in August with the new fee structure.

    Question I had was -
    What are the advantages if any to filing when the new fee structure is in place?
    or should one file the earliest date one can, say 1st week of July?

    I would appreciate if someone could shed some light on this. Thanks!



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  • beppenyc
    03-20 08:15 PM
    http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/03-20-2006/0004323801&EDATE=

    Q Okay. My question is, since 9/11, one of the key things that we need
    is immigration reform, including comprehensive immigration reform that is
    right now in front of Senator Specter's committee in the Judiciary. There are
    two principles I'm hoping that you would support: One, the good people, the
    engineers, the PhDs, the doctors, the nurses, the people in the system who
    have followed the rules, will go to the head of the line in any form of
    immigration reform. That's Title IVz of the bill.
    Secondly, the illegals who have not followed the rules -- I understand the
    debate, I appreciate your statements about immigration reform, but isn't it
    better that we know who they are, have them finger-printed and photographed,
    and allow some form of 245I to come back so --

    THE PRESIDENT: Tell people what that is. Tell people what 245I is.

    Q Okay -- 245I is a partial amnesty program that expired back in 2001,
    in fact, was going to be voted on on 9/11, unfortunately. But those -- it was
    a small segment of the illegal population where they would pay the $1,000 fine
    and, for example, coming in illegally, then marrying an American citizen,
    could somehow legalize their status.

    THE PRESIDENT: Okay. Let me give you some broad principles on
    immigration reform as I see them. First of all, we do need to know who's
    coming into our country and whether they're coming in illegally, or not
    legally -- legally or not legally -- and whether they're coming in or going
    out. And part of reforms after September the 11th was a better system of
    finding out who's coming here.
    Secondly, we have a big border between Texas and Mexico that's really hard
    to enforce. We got to do everything we can to enforce the border,
    particularly in the south. I mean, it's the place where people are pouring
    across in order to find work. We have a situation in our own neighborhood
    where there are way -- disparities are huge, and there are jobs in America
    that people won't do. That's just a fact. I met an onion grower today at the
    airport when I arrived, and he said, you got to help me find people that will
    grow onions -- pluck them, or whatever you do with them, you know.
    (Laughter.) There are jobs that just simply aren't getting done because
    Americans won't do them. And yet, if you're making 50 cents an hour in
    Mexico, and you can make a lot more in America, and you got mouths to feed,
    you're going to come and try to find the work. It's a big border, of which --
    across which people are coming to provide a living for their families.
    Step one of any immigration policy is to enforce our border in practical
    ways. We are spending additional resources to be able to use different
    detection devices, unmanned UAVs, to help -- and expand Border Patrol, by the
    way, expand the number of agents on the border, to make sure we're getting
    them the tools necessary to stop people from coming across in the first place.
    Secondly, part of the issue we've had in the past is we've had -- for lack
    of a better word -- catch and release; the Border Patrol would find people
    sneaking in; they would then hold them for a period of time; they'd say, come
    back and check in with us 45 days later, and then they wouldn't check in 45
    days later. And they would disappear in society to do the work that some
    Americans will not do.
    And so we're changing catch and release. We're particularly focusing on
    those from Central America who are coming across Mexico's southern border,
    ending up in our own -- it's a long answer, but it's an important question:
    How do we protect our borders, and at the same time, be a humane society?
    Anyway, step one, focus on enforcing border; when we find people, send
    them home, so that the work of our Border Patrol is productive work.
    Secondly, it seems like to me that part of having a border security
    program is to say to people who are hiring people here illegally, we're going
    to hold you to account. The problem is our employers don't know whether
    they're hiring people illegally because there's a whole forgery industry
    around people being smuggled into the United States. There's a smuggling
    industry and a forgery industry. And it's hard to ask our employers, the
    onion guy out there, whether or not he's got -- whether or not the documents
    that he's being shown that look real are real.
    And so here's a better proposal than what we're doing today, which is to
    say, if you're going to come to do a job an American won't do, you ought to be
    given a foolproof card that says you can come for a limited period of time and
    do work in a job an American won't do. That's border security because it
    means that people will be willing to come in legally with a card to do work on
    a limited basis, and then go home. And so the agents won't be chasing people
    being smuggled in 18-wheelers or across the Arizona desert. They'll be able
    to focus on drugs and terrorists and guns.
    The fundamental question that he is referring to is, what do we do about -
    - there's two questions -- one, should we have amnesty? And the answer, in my
    judgment, is, no, we shouldn't have amnesty. In my judgment, granting
    amnesty, automatic citizenship -- that's what amnesty means -- would cause
    another 11 million people, or however many are here, to come in the hopes of
    becoming a United States citizen. We shouldn't have amnesty. We ought to
    have a program that says, you get in line like everybody else gets in line;
    and that if the Congress feels like there needs to be higher quotas on certain
    nationalities, raise the quotas. But don't let people get in front of the
    line for somebody who has been playing by the rules. (Applause.)
    And so, anyway, that's my ideas on good immigration policy. Obviously,
    there's going to be some questions we have to answer: What about the person
    who's been here since 1987 -- '86 was the last attempt at coming up with
    immigration reform -- been here for a long period of time. They've raised a
    family here. And my only advice for the Congress and for people in the debate
    is understand what made America. We're a land of immigrants. This guy is
    from Hungary, you know. (Applause.) And we got to treat people fairly.
    We've got to have a system of law that is respectful for people.
    I mean, the idea of having a program that causes people to get stuck in
    the back of 18-wheelers, to risk their lives to sneak into America to do work
    that some people won't do is just not American, in my judgment. And so I
    would hope the debate would be civil and uphold the honor of this country.
    And remember, we've been through these periods before, where the immigration
    debate can get harsh. And it should not be harsh. And I hope -- my call for
    people is to be rational about the debate and thoughtful about what words can
    mean during this debate.
    Final question, sir. You're paying me a lot of money and I got to go back
    to work. (Laughter.)



    PS I did not know about the story of I-245 on 9/11....




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  • go_guy123
    09-16 04:35 PM
    I would say don't put too much emphasis on these kind of stories, if the CIR bill is not going to be worked on then why did the senator schedule this meeting ? just for fun ?!

    View a Hearing or Meeting (http://judiciary.senate.gov/hearings/hearing.cfm?id=4057)

    I am not optimistic that something will come out real soon, but at the same time, I think something will definitely happen, at least the piece meal approach

    It is done mainly for PR purposes. He knew CIR wont happen. But he will now get excuse to say: I tried but the republicans didn't cooperate on health care and so we didn't get time.

    Plus since CIR doesn't pass, he can go to the independents and say .....we didn't pass amnesty. He gets to play both sides.

    "discussion", "debate", "study" , "meeting" these are code words for doing
    nothing.



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  • chint001
    11-25 11:54 PM
    Hi,

    My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.

    Question:
    Does this note have any significance according to US law, esp. Ohio?
    If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?

    What is my way out of this?

    I would be highly obliged if anyone can provide any help on this matter.

    Regards
    Chint001




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  • kondur_007
    10-16 04:29 PM
    Thanks so much for your reply. I think it will always a good idea to keep USCIS inform about your working condition since this is 'Employment based' case.
    For AC21 I think I will need to match following:

    1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.

    2. Start date/salary/position title

    3. Any Benefits if provided.

    Do I need any document from sposerer employer? Do I need anything else?
    Thank you and I appriciate your help.

    You are welcome.

    If you do decide to file AC 21 papers with USCIS; please, please take the help of a good lawyer!
    The lawyer usually send the cover letter justifying the "same or similar job" salary, location etc. This also depends a lot on what is in original PERM.
    Good lawyer will also draft the letter you will need from new employer. sometimes this may require to be less specific. (details are veriable). But it needs to be a "permanent job offer".

    Good Luck.



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  • rpat1968
    09-17 08:56 PM
    My I-140 clearly shows that it's approved in Eb2 adv Degrees or Exceptional ability category. My lawyer and Employer both have agreed that USCIS has made mistake. in Infopass they created an SR last week with regards to this and there is no response.




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  • waitin_toolong
    10-26 12:49 PM
    her I-485 was filed befoer Oct 1st and she plans to use EAD. She need not have worked a single day or earned a single paycheck. She can enter using AP or H4.
    Withdrawing H1 is a good gesture thats all.



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  • nashim
    07-14 09:53 AM
    for Consular Processing case, candidate has to be in out USA or is it ok be in USA and file for Consular Processing?




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  • nixstor
    10-24 03:33 PM
    In my opinion its just one of the marketing gimmicks of Y! See how it works

    http://news.yahoo.com/s/judy_woodruff/20060823/judy_woodruff/j_woodruff10015

    Similar lines ask the white house program. many people in the forum sent Q's to USCIS director and he didnt chose even one Q about retrogression or labor situation etc..



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  • boreal
    09-22 03:59 PM
    Hi PCS,
    I would appreciate if you confirm if the notarized experience letter is accepted as substitute for the original experience letter. I am planning use a preapproved labor but the job requirement for that labor requires some specific skills. My old employer would not give me the letter. So can I ask my colleague to send me a notarized experience letter ?

    Thanks,
    pcbadgujar


    Oh God!! People can and will do anything to abuse Labor Substibution.




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  • CreatedToday
    02-11 05:55 PM
    To lighten up the moment after March Visa bulletin holds no prospects...

    http://thepinkchaddicampaign.blogspot.com/



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  • jackisback
    10-06 05:23 PM
    Really? Did they give you that information?
    I have taken infopass 2 times in last 2 years, and they just tell me - we cannot tell anything about that info from the "screen" they have access to.
    They just give a vague answer that everything is in order but your visa numbers are not available for your dates, you need to wait for visa number




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  • dilber
    12-04 05:51 PM
    Actually sometime when you talk to IO, they tell you all the receipt numbers including I-140. It happened with me once. I was inquiring about my I-485 receipt notices and the IO started telling me all the cases , I have filed so far. I guess, when they pull informaton based in your DOB and name, they are able to see everything. At this time, you can request them the RN of I-140. There are bright chances that you get the I-140 information.

    Can some one please provide me with the phone number I can call the IO at. thanks in advance




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  • hsingh82
    03-09 09:47 AM
    Dear All,
    My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
    We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
    We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
    Amar

    Firstly, I don't understand what was the rush to file for your wife's H1 when your PD was so close. You must have seen the market in US for a long time and must know how desi consultancies work. Having said that, I would encourage you to go ahead and file the complaint. Don't get scared by these threats, it's not easy to harm anyone's family even back home in India. I took my employer to the court and the case was settled between lawyers but for you DOL is better. If you don't do anything at this point, it will keep bugging you all your life that you couldn't do anything against a blood sucker even when you are in USA (in my case that was the motivation even though I was at the edge financially).




    martinvisalaw
    07-16 03:00 PM
    Hi,
    What are my options here? Is there a way this case can be fixed and brought back on track or am I in a no-go situation? Please advise on the next steps.


    You can refile the 485, if your priority date is current. However, if you filed in the crush of 485s done in Aug 2007, I suspect that your priority date is now backlogged again.

    Hopefully you do have H-1B status. Otherwise, as the prior poster says, you are no longer authorized to be in the US.

    I don't know if the MTR can be appealed in any way, it depends on how it was filed and why it was denied.

    As regards filing a formal complaint against the attorney - that varies by state. You can check your state bar rules about this. It was a very unfortunate mistake to miss one question on the 485, but probably not serious enough for the state bar to impose any sanctions.




    pooja_34
    10-17 07:32 PM
    The only time they keep an original is the first time. After that they never keep the original but return it to you when you return.

    My wife and I only had 2 AP originals when we applied last year and made 2 trips outside the US. So relax and dont worry. You're fine.


    Got my AP in the mail yesterday but have only 2 originals, last time I got 3 so any idea if I will be able to make more than 2 trips out of the country?



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