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  • flyingninja
    10-29 03:57 AM
    Hi,
    I have been working on H1B for past 6 years and just came last week to visit Mumbai and get visa stamping. (My Labor & I-140 is cleared in 2009, I am working for my employer for past 5 years). I applied for H1 extension in April 2010 in premium and got visa approval in 2 weeks with no RFE).
    We (I and my wife) have stamped visa once before in Delhi, 2007 with no problems, so this time I was expecting a routine re-stamping from Mumbai consulate. However, the lady at the interview counter asked me few questions and documents such as contract paper between my employer and vendor etc. (I was not carrying it with me) so she gave me a 221 (g) letter with the list of documents they would need to see.

    Petitioner Documents:
    1. A copy of petition with all supporting documents as filed to USCIS (including full I-129, cover letter for USCIS and educational equivalency report)
    2. Petitioners Income Tax Return for the last two tax years and financial statements.
    3. A notarized list of all the petitioners employees. The list should show all employee's name, their specific job titles, start and end dates, their individual salaries, their immigration status, and which project/client they are working with.
    4. State Unemployment Wage Reports, showing all wages paid to each employee in state, for the past three quarters as filed to (this should be actual form filed to the state authorities and wages paid during the quarter) for all states.
    5. A letter (on letterhead) from the personnel department at the U.S. job site stating that there is a vacancy for you.
    6. A letter from the client company sponsoring the project and a copy of the contract between the U.S. based petitioner and the client company, stating the timing, terms and agreement for your project.
    7. A detailed and specific description of the internal development project to which you will be assigned. Include a complete technical description of the project, employer, timeline, current status, number of employees assigned, worksite location, and marketing analysis for the final product.

    From the visa applicant:
    1. Certified copies of your comp academic credentials.
    2. Evidence of previous work experience in the petitioned field.
    3. Evidence of extension of legal status in the U.S.
    4. Your federal income tax returns and W-2 forms for tax years(previous 2 years)
    5. Copies of all pay slips and monthly bank statements for the following period (previous 2 years)


    I have done MS in Computer Science from US and got stamped from Vancouver in 2005 and then in 2007 (Delhi with the same employer). I have all the necessary documents for myself (there is 2-3 week of unpaid leave in early 2009). The interviewing lady did mention that my employer has some indicators in the system that he is not in good standing.

    Knowing this, could someone please advise me what are my options?
    1. I am working on getting relevant documents from my employer, do you think I still might run into problems?
    2. I have a direct vendor between my employer and client, I am thinking of approaching the direct vendor to file for H1B and transfer, do you think that could be a problem?





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  • nixone
    08-21 10:21 PM
    Guys, thank you so much for your replies. Thanks for giving me the ideas on how to address the letter. My parents cannot read/write/speak English (not a single word), so I thought it would be nice for them to have a letter to show at the port of entry. They are traveling with a boy from back home who is a student in a nearby university.

    One more question if you guys do not mind, my parents asked for visa to attend my graduation in Dec 07, but they could not come at that time. There were two reasons, 1. did not find somebody to travel with right away and 2. after a month or so, my grandma got sick and was in hospital for a long time. She passed away a month ago. Do you think my parents will have trouble at the port of entry as they did not come for graduation and coming after so many months? Thanks.





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  • ItIsNotFunny
    09-22 05:06 PM
    Spoke to Aide of John Conyers (D-Mich.), Chairman

    He is in Favor of the bill so do not call him

    And yes I gave Green all those who got Red dots for motivating people :)

    I believe people not in favor should be called first but also call people in favor. Sometime few calls from antis can force them changing their view.





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  • shantanup
    10-15 08:25 AM
    Why would anybody ask for visa to issue a driver's license? How is one's driving privilege dependent upon visa? No one has ever asked me or my wife or my friends for a visa to issue a driver's license. Is this some law specific to some states?



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  • chanduv23
    03-14 05:51 PM
    Status should not be a problem, but double check with a lawyer. I'm wondering if you can squeeze a sponsorship for a trip home. Not very long ago, I found out that if a US employer terminates a H1, they need to pay the home country relocation costs.

    You should find another job, sooner the better. But I sure would like to get such bad desi consultant companies to pay for a plane ticket.

    u r kidding - u think these blood suckers will sponser a ticket after u leave them - he heee. AFAIK, even American companies won't bother after u get layed off





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  • chanduv23
    03-08 08:48 PM
    Wow,

    at first glance it seems 245(i) is kicking in real hard.

    Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,

    Compare this with H1-B data and you'll see what I mean.

    Also EB-1 seems unusually high at ~37,000
    EB-1 is even higher than EB-2

    isn't that unusual?

    Maybe the numbers were high as they spilled over, but that does not explain why eb2 and eb3, where they must be equal.

    It if definitely interesting to note that eb1 India has so much demand.



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  • paskal
    02-14 03:44 PM
    Physicians measures:

    We have been actively engaged in discussions with senate leaders on physician issue over the last few months. Members of our chapter traveled to DC to attend a key Senate task force meeting on physician immigration and current challenges. We also attended the AAPI legislative day event in DC and found support from lawmakers and from AAPI.

    We strongly encourage everyone to be strongly behind the administrative fixes campaign, as this will bring considerable relief while we battle for immigration reform. letters from physicians and their colleagues will carry their own weight. Ask your employers too and approach your lawmakers!

    Our efforts have shown signs of bearing fruit in recent times. Recently we were privileged to be part of a discussion on an upcoming physician bill that would satisfy our primary agenda: quota free green cards for physicians that serve in under served areas. The current proposal would encompass both J1 and H1B physicians. This would be an interim step towards reform- a more wide ranging bill is expected in the future.

    We are hoping that this bill can be brought up for voting at some point in the near future. We will need help from many physician members to achieve our objective. A successful result would resolve the entire issue for many physicians AND would establish for the first time a principal that IV has espoused: skilled immigrants that work in the national interest should not be bound by quotas. This precedent would go along way in resolving the larger immigration morass as well.

    The chapter thanks all it's active members and IV for the efforts and support that have led us this far. If you want to join the physicians chapter, use the links in my signature. Remember that membership is contingent upon disclosing at least your name and contact number, which is kept confidential at all times.





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  • Googler
    02-15 12:06 AM
    Btw, apparently the law firm that argued the case for Mocanu and the others was: Orlow, Kaplan and Hohenstein (http://www.orlow.com/index.htm).

    Wonder whether it is worth initiating a conversation about the validity of the legal argument for recapture (Mocanu + Aytes memo + Galvez-Howerton) with them -- they certainly know enough about the details of the name check process; they might need some more details about the 2003-2004 lost EB greencards, but I'd say they are pretty well prepped for all the other details.



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  • nivasch
    11-28 09:24 AM
    Arnet,
    Yes, though u not use in Port of Entry, still u can use for Work
    That is what i am doing and as i told you, i got 3 year H1 Extension also


    hey nivasch, can you use H1 to work if you didnt use it to enter at port of entry? can you please explain your experience? thanks.





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  • j751
    04-22 07:20 PM
    I filed I-140 at NSC on 07/27/2007 LUD - 01/02/2008, but my current case status reads as below

    The I140 IMMIGRANT PETITION FOR ALIEN WORKER was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.


    The status doesn't specify the transfered location. Does anyone have a similar case status and know where the case could have been transfered. To me the obvious choice seems like TSC. Please correct me if my assumption is wrong, your input will be appreciated



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  • starlite
    07-21 01:55 AM
    Hello,
    I worked up nerves to consult with the forum.
    Please read my history and answer questions below.
    Your non-judgmental and objective answers are greatly appreciated.

    I first came to the US on a tourist visa when I was 15 years old.
    I was out of status when my parents couldn't act fast enough to change my status. However, I faithfully maintained my status once I reentered with a student visa.

    So here is the history:
    Dec. 1986: Enter the US on a tourist visa (age 15)

    June 1987: Out of status from the tourist visa

    Sept. 1996: IIRIRA 96 passes-- 3yr./10yr. reentry bars apply effective April 1, 1997

    July 1997: Obtain I-20 for school, leave the US and return to home country (age 26)

    Aug. 1997: Reenter US on a F-1 visa

    Oct. 00: Initial H-1B

    Oct. 03: H-1B extension

    Dec.04: RIR filed (priority date)

    Sept.06: RIR approved

    Oct. 06: H-1B (7th year) extension

    Jan. 07: I-140 filed (pending approval)

    July 21, 2007: Preparing to file I-485 with the same employer since 2000


    So here are my questions:
    Q1. The way I interpret the law is that the 3yr./10yr. reentry bars apply when the law went into effect starting April 1997. Is that correct?

    Q2. If so, would I have to worry about getting the I-485 approved?

    Q3. If not, should I filed for I-485 at all?

    Q4. Any suggestions or possiblities to consider?

    Thank you.





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  • needhelp!
    02-15 02:09 PM
    Good work Pooja!



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  • sanju
    08-01 11:38 PM
    Great effort, glad to see you back walking_dude. Glad that you are not near me, otherwise you would beat me for wanting to kissing you :p





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  • B+ve
    09-01 06:12 PM
    I believe they go by RD if the PD is current. My RD is jul 2nd and my application reached them early AM on Jul 2nd.

    Thank you all for the congrats !!

    Hi priderock,
    Congratulation for being greened !!!

    Can you please share your Notice Date?
    I believe they are approving cases with Notice Date earlier than their processing date(Aug 30, 2007 for Texas Ser. Center).

    Thanks,
    B+ve



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  • dpp
    12-02 03:44 PM
    Hello - I just recd. the TRANSFER NOTICE for me & my wife's 485 case stating that the case has been transferred to USCIS-NBC, PO Box 648005, Lee's Summit, MO 64064. We had filed for AOS in July 2007 and my priority date for is April 2006 (EB-2).

    I would appreciate it if somebody can please shed some light on what this means for us. What are the implications for us.? Will the case be transferred to the local office.? Should i start to gather documents for a interview.

    Would appreciate any advice i can get. Thank you!

    Same thing happened to me as well yesterday. Mine is also EB2 April 2006 PD.





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  • reddymjm
    03-17 02:01 PM
    I am in same situation and had a meeting with my attorney to get more information, according to his experience with all his cases to date, he said there is 70 - 30 ratio, 70% have recieved rfe and 30% got approved without rfe. And after july fiasco he said it's better to wait for rfe and respond rather then ammending 485 application, now that's another question that my attorney will easily make it to top 10 list of all time worst attorneys. So I am looking for second opinion too.

    So I would say wait till you get an RFE and respond ASAP.



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  • sanju
    06-30 03:55 PM
    EDITED BY MODERATOR FOR CONTENT:

    Does not mean to say this in any disrespectful way but the analogy I can draw for Ombudsman and Gautam is –

    Ombudsman ****************************** make as much noise as he wants but people can just chose to look in the other direction and ignore. Ombudsman has no power whatsoever. Reading the Washington Post article about Dick Cheney and learning from it how this administration works, I ask myself a question - when would someone get up to kick ombudsman ****************as he is simply documenting the inefficiencies of USCIS and this administration.

    Gautam – I saw this guy in CA at Rep Gutierrez meeting. ***************************************This guy talked to Rep Gutierrez in a derogatory and condescending manner and such immature behavior doesn't help the cause and it spoils the environment.

    FYI, ombudsman office replies to most people who write to them. They conduct bi-weekly conference call to find out problems of the people. They do it only to include these problems in their year end report. The objective is to document and show that ombudsman is doing what they are supposed to do i.e. document problems for the YEAR END REPORT.




    Gautam Agarwal...who was planning on going to Wharton based on the july bulletin... have you heard anything from the ombudsman office on this speculation of retrogression???





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  • tinamatthew
    07-21 02:00 PM
    Thank you katrina for your response.
    My fear is that if I have an interview, I would fall to pieces and get so nervous to answer questions.
    I also wonder if my entries from 1986 will show up when they check the records.

    It probably will not show up, but if you think you will be that nervous then you may want to get an attorney. But your case looks ok. You have maintained status since your last entry.





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  • kum31
    10-04 02:06 PM
    OK . Thanks for your quick response.





    walking_dude
    12-05 02:10 PM
    I can understand AILA/AILF not taking interest in class action (WOM money). May be ACLU will be more receptive?

    Same here, as I've got my GC recently and my citizenship application is 5 years away. On top of this, an individual cannot file a class-action lawsuit, it should be an organized group. Otherwise I would've done it. For whatever reasons neither ACLU nor AILA/AILF want to take on I-485 class action.





    gchetna
    09-10 11:44 AM
    Thanks for your response. I am hoping that I will be able to tell them to give me time to get my H1B transfered. They have always been very understanding so far, but you never know...Thanks guys



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