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  • h1techSlave
    04-16 10:18 AM
    Your employer could be a behemoth and has ironclad policies. But if you discuss your concerns with the HR/immigration dept., you would be surprised to find out how much accommodating they might be.

    I also work for a company which has very strict immigration policies. But we collectively discussed our issues with the management. And they are listening to our concerns and are changing their policies. As long as the changes are not affecting the company FINANCIALLY, many companies would bend even their ironclad policies.

    Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.

    Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?

    Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?

    Thanks.

    Maverick_2008





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  • uslegals
    11-26 05:05 PM
    congrats man..! looks like the GC is approved.!!! At last a FREE BIRD ~! Enjoy!





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  • pom
    05-08 10:02 AM
    One or two more days... :phil:





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  • cgs
    02-08 09:02 AM
    I think they(outsourcing companies) do and that's the abuse part of it.

    Sponsoring company should be a non-american company.
    What is the difference between L1B and H1B? Why don't companies hire on L1B when H1B's are over? Thanks.



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  • go_guy123
    03-12 03:57 PM
    80-90% of H1B visa holders are on contract positions only and that was the sole purpose. Are you trying to say that all these H1B visa holders should take up permanent positions with the clients. One can do this also, no big deal but then who is going to cover the risk of layOff which can happen anytime with these permanent positions.
    At least consulting companies do not lay you off and ur GC process doesn't gets screwed up in between and one doesn't gets out of status all of a sudden.

    Also there had been some fraud cases by few of the consulting companies, but not all are fraud. Moreover tightening these rules doesn't stops the fraud company's, it stops all the valid consulting companies as well to run the business.

    The H1B rules said that the job should not be temporary or seasonal in nature. It has been flouted over the years and only recently USCIS started crackdown on this clause.

    Over the years American companies pretty much used H1B exclusive through a third party so that that they don't appear under the DOL H1B sponsoring company lists.

    USCIS is pretty much going back to the original clauses/intent of H1B that were laid out in 1990.





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  • piyu7444
    07-22 05:28 PM
    Even if you use AP to re-enter, instead of a H1 visa, you may still be able to maintain your H1 status, provided you continue working for the same employer.

    Hope this helps!

    I probably know this works the way you have stated but do we have any references to legal document? rule? etc......

    Scneario - "Alien'' working on h1b for US corp., AOS is pending approval, Alien applies for AP and gets it. Alien travels to home country and enters US on AP but still want to use valid h1b. h1b petition is approved till 2011 although visa stamp had expired in 08.

    Now what does this ''alien'' (me) needs to do to continue working LEGALLY using h1b after entering on AP.



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  • KabAyegaMeraGc
    10-22 01:07 PM
    Admin2 - thank u much for your motivation. I do understand IV is doing great work but if you can shed some light on whats going on behind the scenes, it you really help me decide on many things. One of the thing, my lawyer is recommending is to initiate porting to EB-2 which I understand may take anywhere around 18 mnths if all goes well...





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  • Legal_In_A_Limbo
    01-14 05:55 PM
    What does the employment contract between your husband and his employer say? This document will be the key to what your husband can or can't do.

    The problem is the employement letter does not says anything. We will be looking into the handbook of the company, to see what it says.

    Thanks.



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  • snathan
    05-04 06:20 PM
    There was no agreement signed. It was just agreed on an email. Am i still bound with the emplyment laws. Just want to understand before taking any steps. Also the project has ended after 4 month but i don't have any document. Also company B can't reveal any internal documents.

    If no agreement is signed once you receive the legal notice, take it to an attorney and respond with legal notice. Do not get scared by this thugs.

    Just let them know you are ready to handle it legaly and ask them to send legal notice. If you know any of their irregularities tell them you are going to send the complaint to USCIS.

    Just for $2 only idiots will go for legal notice and law suit. They would be spending in thousands for that. Its funny how these desi thugs thinks and threatens.





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  • fshah
    07-13 10:20 AM
    Done



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  • snathan
    12-19 10:32 AM
    History channel premiered a program "Naturalized" yesterday (12/18). They covered people from so man y different walks of life facing so many different problems to get GC and citizenship. But in the 90 minute program there was no coverage on how our community is struggling and no mention about the plight of the employment based category.

    Makes me wonder if there is enough awareness about our cause.

    Contact the History channel and ask the same question.





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  • learning01
    02-23 03:06 PM
    http://www.washingtonpost.com/wp-dyn/content/article/2006/02/22/AR2006022202446_pf.html


    Scientist's Visa Denial Sparks Outrage in India
    By Shankar Vedantam
    Washington Post Staff Writer
    Thursday, February 23, 2006; A01
    A decision two weeks ago by a U.S. consulate in India to refuse a visa to a prominent Indian scientist has triggered heated protests in that country and set off a major diplomatic flap on the eve of President Bush's first visit to India.
    The incident has also caused embarrassment at the highest reaches of the American scientific establishment, which has worked to get the State Department to issue a visa to Goverdhan Mehta, who said the U.S. consulate in the south Indian city of Chennai told him that his expertise in chemistry was deemed a threat.
    In the face of outrage in India, the U.S. Embassy in New Delhi issued a highly unusual statement of regret, and yesterday the State Department said officials are reaching out to the scientist to resolve his case.
    "It is very strange logic," said Mehta, reached at his home in Bangalore early this morning India time. "Someone is insulted and hurt and you ask him to come back a second round."
    The consulate told Mehta "you have been denied a visa" and invited him to submit additional information, according to an official at the National Academy of Sciences who saw a copy of the document. Mehta said in a written account obtained by The Washington Post that he was humiliated, accused of "hiding things" and being dishonest, and told that his work is dangerous because of its potential applications in chemical warfare.
    Mehta denied that his work has anything to do with weapons. He said that he would provide his passport if a visa were issued, but that he would do nothing further to obtain the document: "If they don't want to give me a visa, so be it."
    The scientist told Indian newspapers that his dealing with the U.S. consulate was "the most degrading experience of my life." Mehta is president of the International Council for Science, a Paris-based organization comprising the national scientific academies of a number of countries. The council advocates that scientists should have free access to one another.
    Visa rejections or delays for foreign academics after the Sept. 11, 2001, attacks have led to widespread complaints by U.S universities and scientific organizations, but the new incident comes when things are improving, said Wendy White, director of the Board of International Scientific Organizations. The board was set up by the National Academy of Sciences and has helped about 3,000 scientists affected by the new policies.
    "This leaves a terrible impression of the United States," said White, who has seen a copy of the consulate's form letter to Mehta. In an interview yesterday, she added that top scientists had worked with senior State Department officials to reverse the decision before Bush's visit next week. "We want people to know the U.S. is an open and welcoming country."
    Mehta's case has especially angered Indians because he was a director of the Indian Institute of Science and is a science adviser to India's prime minister. He has visited the United States "dozens of times," he said, and the University of Florida in Gainesville had invited him to lecture at an international conference.
    State Department spokesman Justin Higgins denied yesterday that the United States had rejected Mehta's visa and said the consulate had merely followed standard procedure in dealing with applicants with certain kinds of scientific expertise.
    In his written account, the scientist said that after traveling 200 miles, waiting three hours with his wife for an interview and being accused of deception, he was outraged when his accounts of his research were questioned and he was told he needed to fill out a detailed questionnaire.
    "I indicated that I have no desire to subject myself to any further humiliation and asked that our passports be returned forthwith," he wrote. The consular official, Mehta added, "stamped the passports to indicate visa refusal and returned them."
    Higgins declined to address why the U.S. Embassy in New Delhi had taken the unusual step of saying it "regrets" that Mehta was "upset by the visa interview process."
    In its statement, the embassy said: "At the United States mission in India, and to varying degrees at every U.S. mission worldwide, certain cases involving high technology issues are among those that require review before consular officers in the field are authorized to issue a visa."
    White said that issuing a visa would solve the immediate problem, but that it would be more difficult to undo the damage caused by the dispute. Mehta is a high-profile example of the hurdles imposed by the new visa procedures. They require all applicants to appear in person for interviews that are done in only a few locations in large countries such as India, White said.
    "If you tell an American, 'If you want a visa to go to India, you have to go to Dallas, Chicago, L.A. or New York, and while you are there, you are going to be fingerprinted, photographed and asked about everything you have done in your research for the last 40 years,' we would find this procedure untenable as Americans," she said.
    Mehta said in his written account that he had been invited by the University of Florida, where he has previously been a distinguished visiting professor. White said she expected the International Council for Science, also known as the ICSU, to issue a statement today about the case involving its president.
    White and William Wulf, president of the National Academy of Engineering, acknowledged that young American consular officers in foreign countries have been under tremendous pressure since the Sept. 11 attacks.
    "Making the wrong decision would be career-ending, so they play it safe, not really understanding the macroscopic implications of their decision," Wulf said. "Denying a visa to the president of ICSU is probably as dumb as you can get. This is not the way we can make friends."
    �*2006*The Washington Post Company



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  • satishku_2000
    08-10 01:40 PM
    Hi guys My I140 filed in TEXAS case status online says request for additional information was mailed, I haven't received mail yet, I want to go ahead and collect all the documents required so i can reply immediately as soon as we receive RFE mail,
    can you guys tell usually what kind of information is requested in EB3 cases.

    RFEs are mostly about ability to pay and your educational qualifications. If your company has more than one 140 pending they may ask your company to prove that they have ability to pay for all applications simultaneously. I think you should be good as long as your company satisfies one of the three criteria in yates memo for ability to pay. You should be good if you have w2s for all the years since LC filing date with amount more than the proferred wage. Again these rules apply for str8forward cases.

    Arrival of physical notice depends on how quick they send out from mail room. I would advise you to be on the top of the issue with your employer/attorneys office because of the flexible times for response rule. Earlier every RFE used to get 12 week now the USCIS determines how much time you get for responding. Now that these immi lawyers are busy with 485s they may respond slow .. Good luck with your process





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  • pcbadgujar
    09-23 11:22 PM
    You may not be in position to get exp letters from previous employers due to various reasons e.g., company is closed or they give exp letters in a set format which does not mention what you did there.

    In such scenarios Experience letter from X-Colleague or X-Manager from the same company with/under whom you worked will be OK. X-colleague/Manager does not have to be in that company now.

    I gave an experience letter to one of my friends who worked in my group in India.
    He got his EAD.

    Ask the lawyer what kind of language should be there on the exp letter... My friends lawyer gave the language to him.
    The person issuing the exp letter has to mention how he knows the applicant and under what capacity you were working,
    contact information etc etc.
    Hi rbharol,
    Did you have to notarize the exp letter that you gave for your friend ? Does it need to be on some company's letter head ? My friend is not working in the same company so he would not get the company's letter head that we use to work in.

    Thanks,
    pcbadgujar



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  • xlxoel
    05-20 09:16 PM
    Hi everybody!

    I applied to renew my travel permit on May 20th 2009, I just got the following email from immigration:

    Receipt Number: XXXXXXXXXX

    Application Type: I131 , APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD

    On May 20, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your mailing address.

    I applied ONLINE this time.
    My last year parole expired on May 3rd 2009.

    What type of evidence can they ask for a travel permit?
    Someone on the same boat?

    I also got an email about my I-140 five days before saying:

    Receipt Number: XXXXXXXXX

    Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER

    Current Status: Document mailed to applicant.

    On May 15, 2009 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.

    I haven't received any of the letters!





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  • greencard2008
    06-11 09:14 PM
    I have used all my H1 years... I was not eligible for extension as my labor /perm was filed < 365 days. Currently on EAD with I 140 pending.. Am I eligible? :cool:



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  • sanju_dba
    06-21 05:09 PM
    Use your DigiCam
    Take pictures on white/light Background
    Focus till your waist ( important ).

    Then take the card/chip to walmart.
    Use the photocenter/kiosk there,
    opt for wallet size,$.28 ( each wallet order will print 2 pictures in it )
    autoadjust / manual contrast for extra brightness and print it.

    collect in 1/2 hr, cut the pictures as needed.

    I paid $2 total.

    :)





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  • Templarian
    08-20 12:27 PM
    So who's making the Ya' RLY smilie? I tried, but that one is really hard to make small.

    :orly: and :yarly: easier to remember.





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  • GCBoy786
    08-17 11:57 AM
    Thanks for the info.

    Do I need to the pay the application fee of $340 again?
    Do I need to send all documents(the docs that were sent while applying for renewal) again for the replacement EAD application?

    Thanks.





    JazzByTheBay
    08-21 11:35 AM
    1) Are there any issues traveling on AP under the following circumstances??
    - there's no current H1 stamp, although H1 extension for 3 years has been approved
    - AP is expiring within 2-3 days of planned return?
    - New AP is filed/pending, Receipt Notice received
    - Employer is a Fortune 500

    2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??

    3) Docs I need to carry, besides... :
    - H1 Approval notices?? (All of them since day 1?)
    - I-485 Receipt Notice
    - I-140 Approval Notice (do i need this?)
    - Current AP Approval Notice
    - Pending AP Receipt Notice
    - Paystub??
    - Letter from employer??? (do I need this?)





    logiclife
    12-05 12:47 PM
    Online tracking or toll-free numbers tracking is really useless. It doesnt say much about the content of correspondence.

    The automated messages(online and phone) say one of the 5-6 standard recorded messages. Nothing more. If there is an RFE, its says there was an "Inquiry". It doesnt say what the RFE was about whehter it was about the beneficiary or the employer. If you talk to a live person, they say that you are not entitled to information as you are the beneficiary and you need to talk to the petitioner or lawyer of the petitioner.

    What you need is COPIES of everything that the lawyer sends out to USCIS. Preferably BEFORE he sends out that fedex. So that you can verify yourself if they have made typos or mistakes in names, dates, etc.(most common paperwork errors).



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