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Thursday, June 9, 2011

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  • gc_on_demand
    06-06 12:39 PM
    I had 1 year contract for employment and I was not paid regularly. Also they were deducting money for health insurance which I didnot receive.

    So I left company and they didnot pay me money. I had one year contract or 10000 USD fine.

    iI donot work for them since 2005. I have time sheet signed by client and email from vendor to confirm that they paid my money to employer.

    Can i go to labor and complain ? Will they ask me to pay back 10k ?





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  • pal351
    05-05 04:39 PM
    :)They might Pal.

    Wow that would be nice.





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  • mnkaushik
    05-14 11:11 AM
    FYI - last year I was current on August 1st and got my green card email on August 30th. There were plenty of people who did not get it that month and got it following month.

    If I were you, I would what ever you think helps your case but looking at how things happend last year, I really dont think anything helped. But I did talk to my congressman and also created SR. I think, if you search for threads titled August 2010 approvals etc you will find everyone went through what you are all going through now.





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  • lazycis
    01-04 02:15 PM
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=71d9903772614512bc3881aaefb1d 8d8

    10.11 Order of Processing.

    (a) Routine and Expedited Cases . Generally, applications and petitions should be processed in the order in which they are received. Exceptions can, and should, be made for a number of different reasons, and sometimes those reasons may appear to conflict with one another.



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  • waitnwatch
    07-07 11:26 AM
    As stated in my previous post my PD is current as I have an I140 approved under EB1-OR.


    Is your PD current? Can you post details just wondering in case your PD is not current is USCIS still working on your case and preparing for future.





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  • desi485
    10-11 01:52 PM
    fortunately I haven't used EAD. In fact neither my spouse has. But we were about to use spouse EAD when we sniffed this possibilty. This is the reason I am asking if any one has any insight to share. Title of the thread is little misleading but unble to change it now. this is a IF THEN condition as if now. aplogise for the same. However I am sure so many families getting EAD, so many ppl will be concerned about this. This might be real for some one of us.



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  • akred
    07-14 06:31 PM
    You can also see how Europe's disintegrated political structure allows it to send far more than the 9800 limit.





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  • EndlessWait
    07-09 12:26 PM
    I know its hard to get it noticed, but in order to make a real impact, we must strive to put this news on the front page of major media, while its sill hot. Last week CNN had an article on the front page regarding the "plight of hindu widows". I was baffled to see an article like that get the headline space and not a small comment from CNN about the JULY VB fiasco.



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  • hpandey
    10-06 11:51 AM
    Not exactly, http://immigrationvoice.org/forum/showthread.php?t=21871

    Bingo !! We would never be lucky enough to get rid of the GCTEST headache :D





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  • sidd_k2002
    03-24 06:46 PM
    Hello Friends,
    I have found myself in a very wierd situation here, and i need some urgent help. My problem is follows:
    I am currently working for a company and i am on my OPT, which will expire in January 2010. The company which i am working for now is a big multinational company, and is sponsoring my H1 petitiion on April 1 2009 this time. As i will be falling in the 20,000 quota, my company lawyers said that they dont have that many applications coming in like every year, so the chances of me getting my H1 is 100 percent.
    Now the tragic thing in this happy story is the fact that i feel i am going to get laid off in the next month. The immigration department of our company is veru big so my manager does not know the trouble which i can land into if i have an approved H1 and i am laid off.
    Here are my questiions:
    1: Since my H1 will become effecive october 1 2009, can i cancel my approved petitiion before that (if i am laid off), and then continue on my existing OPT which will end in February 2010. This way i feel i have more chance to find a job, as i will get some time to do so.
    2: Is it safe enough to tell the company lawyer right now to not file the petitiion, as in that case there will not be a problem of approval/denial of my petition, and i will continue on my existing OPT, and ask for a 17 months OPT extention afterwards?
    3: Relating to question 1, if i was laid off before october 1, can i switch back to my OPT, since i would have not used my H1 at all since i was laid off.

    Any answers would really be appreciated as i am really approaching the April 1 mark of filing the H1
    Thanks in advance,
    Siddharth



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  • willwin
    03-22 05:05 PM
    This PWD has easily become another "major" process in the very long, frustrating GC journey.

    PWD-LC-I140-AOS!!!

    Don't be surprised if they bring a premium processing for PWD request and charge $1000 for that.





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  • jags_e
    08-30 02:58 PM
    There is a main article on the reverse brain drain in EE Times and it mentions the IV's September 18 rally too.
    The link is http://www.eetimes.com/news/latest/showArticle.jhtml;jsessionid=314X3PTACJUWMQSNDLOSK HSCJUNN2JVN;?articleID=201802703

    EE Times: Latest News
    Green-card red tape sends valuable engineers packing
    Disenchanted with life in immigration limbo, San Antonio resident Praveen Arumbakkam is abandoning his American dream and returning to his native India.
    A senior programmer at a fast-growing IT company, Arumbakkam volunteered for the Red Cross in Texas after Hurricane Katrina hit in 2005. He worked on disaster recovery management software to locate displaced persons, track donations and organize aid distribution.

    He had hoped to start a nonprofit disaster recovery management solutions company in the United States, but now he's decided he doesn't want to wait any longer for his green card.

    When professionals such as Arumbakkam give up on the States, it creates serious economic consequences, said Vivek Wadhwa, lead author of a study on the subject released last week.

    "We've set the stage here for a massive reverse brain drain," said Wadhwa, Wertheim Fellow at Harvard Law School's Labor and Worklife Program.

    By the end of fiscal 2006, half a million foreign nationals living in the U.S. were waiting for employment-based green cards, according to the study, released by the nonprofit Kauffman Foundation. Titled "Intellectual Property, the Immigration Backlog, and a Reverse Brain-Drain," the study was based on research by Duke, Harvard and New York University. If spouses and children are included, the number exceeds 1 million.

    The study looked at the three main types of employment-based green cards, which cover skill-based immigrants and their immediate families. Including pros- pective immigrants awaiting U.S. legal permanent resident status but living abroad, the numbers hit almost 600,000 in the first group and almost 1.2 million in the second.

    The number of available green cards in the three categories totals approximately 120,000. "If there are over a million persons in line for 120,000 visas a year, then we have already mortgaged almost nine years' worth of employment visas," said study author Guillermina Jasso, an NYU sociology professor.

    The report also notes that foreign nationals were listed as inventors or co-inventors on 25.6 percent of the international-patent app-lications filed from the United States in 2006, up from 7.6 percent in 1998.

    U.S. companies bring in many highly skilled foreigners on temporary visas and train them in U.S. business practices, noted Wadhwa, an executive in residence at Duke University's Pratt School of Engineering. Those workers are then forced to leave, and "they become our competitors. That's as stupid as it gets," he said. "How can this country be so dumb as to bring people in on temporary visas, train them in our way of doing business and then send them back to compete with us?"

    Many in the engineering profession argue that American tech employers take advantage of the work visa system for their own benefit. They state that though there is plenty of American engineering talent available, employers use the programs to hire cheaper foreign labor.

    And others counter the concern that large numbers of foreign residents will depart America. Most immigrants who have waited years for green cards will remain firm in their resolve, given the time and effort they have already invested, believes Norm Matloff, a computer science professor at the University of California at Davis. "People are here because they want to be here," he said. "They place a high value on immigrating."

    But while Arumbakkam wants to be here, he has had enough of waiting. And his story is typical of those foreign-born tech professionals who return home.

    In July 2001, the then 27-year-old Arumbakkam arrived on a student visa to get his master's in information technology at Clarkson University in Potsdam, New York. He has a bachelor's degree from the highly ranked University of Madras in southern India.

    Arumbakkam said he "pretty much loved the society and the infrastructure for advanced education" in the States. In the post-Sept. 11 climate toward foreigners, however, he found it difficult to get work. After sending out countless resumes, he took an internship in Baltimore, followed by a job in Michigan.

    That post didn't bring him any closer to his goal of permanent residency, however. He next took a job in San Antonio and insisted his employer secure him a green card. About that time, the government established an "application backlog elimination" center. "My application went straight into this chasm. I don't know what happened after that," he said. "That was pretty much a blow."

    In 2005, he landed his current job, where he's happy with the work environment and the salary. His employer applied for a green card when the government rolled out an online system that was supposed to streamline the process.

    But since then, with two applications in the works, Arumbakkam has been waiting-and waiting. In the meantime, his work status can't change, meaning no pay raises or promotions.
    Page 2 of 2


    Arumbakkam knows plenty of others in the same boat. In early 2006, he ran across Immigration Voice, a nonprofit national group that supports changes in immigration law affecting highly skilled workers. The 22,000-member organization includes professionals in a wide range of fields, from engineers and doctors to architects. Many have families, and all are stuck in the legal process.
    "I heard horror stories," said Arumbakkam. One is the tale of a quality assurance engineer employed by a midsized consulting firm in Oklahoma working with Fortune 50 companies. The Indian engineer was hired at a salary that was 30 percent lower than he expected. This was in exchange for the promise that his employer would file a green card application. He was told the money would go to attorneys' fees.

    For four years, the engineer asked about his application and was repeatedly told it was coming along. The employer blamed the slow progress on the law firm. In fact, the employer had never filed the application. Finally, the engineer found other work and restarted his efforts to obtain permanent residence.

    In another case, a senior strategic projects manager who has an engineering background and is working for a Fortune 100 company has been waiting 13 years for his green card, Arumbakkam said.

    That manager, also Indian, applied for permanent residency in Canada at the same time he applied for it in the States. After 18 months, Canada offered it to him and his family. His wife and children moved to Vancouver, B.C., where he visits regularly while waiting for a change in his U.S. residency status.

    Indians in the United States often have too much trust in their employers and lack knowledge of resources that could help them understand their immigration options, Arumbakkam said. He plans to attend an Immigration Voice rally in Washington on Sept. 18 to urge congressional action on immigration.

    But he isn't optimistic. "I just feel that I'm getting pushed further down as far as my career is concerned," he said.

    ...................



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  • painful_GC
    05-05 01:32 PM
    Hi ..Many thanks for the response..i am planning to apply for COS to L2 as my H1 is still pending for a while..could you please confirm me the requirements/documents need to be attached..

    1) My H1 reciept copy
    2) L1 B of primary reciept/approval notice
    3) Employment letter from primary..

    could you please shed some light on this ??





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  • waiting4gc
    07-18 03:06 PM
    As long as you file I 140 as soon as your labor is approved. Spouse has nothing to do with application till it hits the 485 stage so you can file your 485 later.

    Make sure you file your 140 in the regular channels and it should take some time to get approved.

    Even if you decide to change jobs, after 140 is approved, the priority date is yours. So if you have a copy of the approved I 140 when you change jobs, you have to start the process all over again but by submitting the approved I 140 from previous company, you can maintain the priority date.

    Hello guys,

    First of all thank you very much for your answers in advance.

    I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

    I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

    I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

    So, here are my questions:

    Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!



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  • arnet
    11-16 12:39 PM
    if you file AOS (I-485) then only you will get EAD/AP benefits, but to file I-485 you need to stay in visa like H1B/H4. if you are H1B visa holder, you will eligible to file for it as prinicipal applicant but inorder for your spouse/dependents to qualify as dependent, she has to be in dependent visa (H4) at filing time, so F1 holder is considered as student not as dependent so they are not eligible to file.

    Disclaimer: use it at your own risk, i'm not an immigration attroney, so please consult one for your situations as laws/procedures are changing often.

    there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.





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  • OLDMONK
    06-18 06:55 PM
    Remember, everthing copy. Nothing Original. don't send your original I-94, but a copy.


    I think if affidavits of Marriage and Birth are submitted, those would have to be originals.



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  • dilipb
    02-13 09:28 AM
    Yesterday USCIS announced officially that they need 1300 officers.
    Their recruitment, training etc itself is going to take about 4-5 months.
    So I am now guessing that it surely will take about 4 years for them to fix this big issue of retrogression and also hopefully someone increases the VISA numbers by then.

    Closing this thread from my perspective since I have some good information.
    Thanks to all for providing inputs.





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  • gxtrader
    10-10 03:50 PM
    I got my GC on 09/18/07. Now my consulting company (how sponsored my GC) is having issues with the client and client is thinking to terminate the contract.

    Client want to bring me to there pay roll. In other words they are offering my permanent position.

    My consulting company does not have immediate opening for me.

    It is not even a month that I got my GC. And I am with the same consulting company for about 6.5 years now.

    Please help me. What should I do? If I accept the offer will I get problem at citizenship stage? If I do not accept offer I will loose job and I don't know how much time I have to wait till my consulting company find job for me.

    Reminds me of the story about a mighty elephant who's been tied w/ a thin chain since t'was a baby. It just stopped trying to escape coz it's been conditioned that effort is futile though it can easily snap the chain. Run my friend...you're a CHEETAH now!!! :) Kudos!





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  • MetteBB
    05-16 03:48 PM
    hey kirupa...

    will any of these stamps be added up? http://www.senocular.com/smilies/think.gif


    /mette





    BharatPremi
    03-12 04:00 PM
    I am in ROW, EB2 if they processed the interfiling, EB3 if not, with a PD of Dec 2002, and receipt date of 5 May 2007.

    My application was filed with Nebraska Service center, they moved to Texas (with SRC* receipt number), they moved back to Nebraska in October 2007.

    Even on EB3 my PD is now current.
    When they passed 60 days late according to processing times I raised a service request. They claim that they have 45 days to respond. Their 45 days will be up on Thursday, and I still have no response.

    So here is my plan...
    On Thursday call again. Raise another service request?
    Make an Info pass appointment ? - not sure IO could tell me more in person than over phone.
    On Thursday go see Congressman's office.
    Come May 2008 (one year since filing I485) if there is still no suitable reply to service request file WOM. Their lack of response to service request should annoy the judge hopefully.

    When I last spoke with an IO she thought that the notice date on the transfer notice was the processing date to use (Oct 2007) not the receipt date on it (May 2007). I believe she is plain wrong, and she was silent when I asserted that I believed she was wrong, and that's why the original receipt date is kept on the transfer notice. If someone has a link to the USCIS rule on this it would be helpful.

    Any comments please?


    Mark,

    Being ROW, I do not think your case might have been stuck in Name Check. But it could be the possibility. I would take one more infopas and ask IO regarding name check status. If case is still rotting in name check then fighting strategy would be different, I guess. As far as WOm is concerned, all stories what I have gone through on different immigration boards, most advise to wait for 2 years before thinking about WOM route.. I do not know how far that argument is valid..





    billbuff123
    10-24 12:23 PM
    yes, really I missed that oppurtunity by 7 days. my only question is
    Can she stay here until I94 expires? or for 180 days?

    Thanks



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