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Tuesday, June 14, 2011

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  • Alabaman
    06-10 12:17 PM
    plus sidlees english is even poor. I wonder how he has been keeping his job.

    Sidbee,

    thank you sidbee and i would pray that you would never be in this position. Its hard to stay home without at job and secondly, with H1B laidoff its even tougher.

    I was laidoff recently and i know the stress one goes through. That's the reason i am trying to help by making a IVjobhunters group. I have found my job and i have nothing to gain.

    Sidbee if you cannot talk good or help please shut your mouth. . If someone is asking for help ( Laidoff means Was terminated from work for no reason of yours).

    You have the right to ask your employer for one way return ticket to your home town. Its not just the international airport but till your home town, Its a law and you should get it.

    I was laidoff and i took unemployment benifits, Sidbee, Give me a lecture.

    J thomas





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  • dce.deepak
    09-18 05:44 PM
    its not 800,000 its around 190,000 for all EB1,2,3
    look at here May 2010 data
    USCIS - Previous Pending Employment-Based I-485 Inventory (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=16551543455e5210VgnVCM100000082ca60aRCR D&vgnextchannel=16551543455e5210VgnVCM100000082ca60a RCRD)

    Family based is also heavily backlogged. How can there be flow of thousands of unused visas in Family Based for flow to Employment Based? Even in Family based there are categories 1, 2A, 2B, 3 and 4. The visas will first flow from top to bottom in Family Based. Wouldn't all the categories have to be current before any visas flow to Employment based? I read somewhere that the employment based backlog size is 800,000 applications. :confused: Let's say even if there is a small number of visa flow from Family Based to Employment Based, how can a small number of visa flow from Family Based to employment based backlog be sufficient to approve 800,000 applications?





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  • ivar
    02-17 09:15 PM
    Do I need recent salary slips for transfer ?

    Yes you need paystubs. What your employer says when you ask the same question you are asking here on the forum. That your H1 expires 2009, your project gets over in Mar 09, how he will u give paystubs? what does he say?





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  • chanduv23
    06-17 02:47 PM
    Do u have to inform USCIS everytime u change job or just first time would be sufficient?

    Thank you.

    What my Attorney (Prashanti Reddy - who does free sessions on IV) said

    Please note that even after sending this out, you might get an intent to deny or denial notice on your I-485 as soon as your employer revokes the I-140. In which case we must respond within 30 days with the same documentation. This happens because the docs often dont find their way to your file as they have not been requested for by the USCIS. Also the intent to revoke might be sent to your old attorney, you should get a copy of the same also. However, i advice you keep in touch with the USCIS by checking status of your case online and keep in touch with the other attorney also, so that we dont miss the deadline to respond in case you do get an RFE or intent to deny or denial on your I-485.



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  • kubmilegaGC
    09-11 03:03 PM
    bump...





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  • solaris27
    08-14 03:31 PM
    1) find another employer and trasfer H1B
    2) send regt letter to old employer for all salary.
    3) report by filling form provided by javadeveloper
    4) he will beg you to take complain back
    5) you will get ur money --happy :)

    what is company name ?



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  • transpass
    07-30 12:37 AM
    This particular EB1 gc aspirant has been waiting for his gc even after 2-3 years of his PD becoming current. He don't want EB1 applications to be subjected to the processing times set for EB2/EB3 etc.

    His point is, it does not make sense to wait 2-3 years for a GC once his date is current.

    I don't think that was what he was implying. He was saying EB1s are lumped with other categories for adjudication purposes. I don't think that's the way CIS handles EB1. If he had waited for 2-3 yrs., his case might be an outlier, but I know several people with EB1 have gotten their GCs within few months of filing...Moreover, it does not have several steps like labor, etc. and it's anyway shorter time frame than other categories, and it's pretty much current all the time...





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  • nixstor
    09-18 10:54 AM
    I dont feel that its a cosmetic change, while I agree that it can lead to some confusion. But there are orgs which have done it succesfully in the past. I thought it might give a better chance for us to give every one an idea abt what we are doing without getting on here or not coming her on to the website thingking "yet another org working for illegals"

    I agree that the paperwork that needs to be done might be a lot. Our presence is predominantly on the website. I mean no offices etc.. Redirecting requests on the web aint a big deal. People who go to IV will be redirected to LIV. I am not trying to take over and drive in a new direction. As I said, this might not be the exact need of the hour with congress in session. Core members can discuss this when they feel its pertinent.



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  • vicky007
    05-10 12:16 PM
    Sorry, the link is not working anymore.

    But here is the complete report of the proposed measure:

    WASHINGTON - Employers would have to check Social Security numbers and the immigration status of all new hires under a tentative Senate agreement on toughening sanctions against people who provide jobs to illegal immigrants.

    Those who don't and who hire an illegal immigrant would be subject to fines of $200 to $6,000 per violation.

    Employers found to have actually hired illegal immigrants once an electronic system for the checks is in place could be fined up to $20,000 per unauthorized worker and even sentenced to jail for repeat offenses.

    What to do with people who hire illegal immigrants has been one of the stumbling points in putting together a broad immigration bill that tightens borders, but also addresses the estimated 12 million illegal immigrants now in the United States.

    Congress left it to employers to ensure they were hiring legal workers when they passed an immigration law in 1986 and provided penalties for those who didn't. But the law was not strictly enforced and the market grew for fraudulent documents.

    Senate Republicans and Democrats are hoping this week to reach a compromise on more contentious parts of the immigration bill so they can vote on it before Memorial Day.

    The employer sanctions were negotiated separately from other parts of the broader bill after some senators raised concerns about privacy of tax information, liability of employers and worker protections.

    Employers are wary of the system Congress wants them to use and say it would be unreliable.

    "What's going to happen when you have individuals legally allowed to work in the United States, but they can't confirm it?" asked Angelo Amador, director of immigration policy at the U.S. Chamber of Commerce.

    Critics say expanding a Web-based screening program, now used on a trial basis by about 6,200 employers, to cover everyone might create a version of the no-fly lists used for screening airline passengers after the Sept. 11, 2001, terrorist attacks. Infants and Democratic Sen. Edward M. Kennedy (news, bio, voting record) of Massachusetts were among people barred from boarding a plane because names identical to their own were on a government list of suspected terrorists.

    "This will be the no-work list," predicted Tim Sparapani, attorney for the American Civil Liberties Union.

    Last year, employers in the trial screening program submitted names and identifying information on more than 980,000 people. Of them, about 148,000 were flagged for further investigation. Only 6,202 in that group were found to be authorized to work.

    U.S. citizens could come up as possible illegal workers if, for example, they change their last names when they marry but fail to update Social Security records.

    All non-citizens submitted to the system are referred to the Homeland Security Department, even if their Social Security number is valid.

    A bill passed by the House would impose stiff employer sanctions, but does not couple them with a guest worker program, drawing opposition from business. The bill also would give employers six years to screen all previously hired employees still on the payroll as well as new hires — altogether, about 140 million people.

    The Senate agreement proposes screening all new hires but only a limited number of people hired previously _specifically, those who have jobs important to the nation's security.

    Negotiating the Senate agreement are Republican Sens. Jon Kyl of Arizona and Chuck Grassley of Iowa and Democrats Edward Kennedy of Massachusetts, Barack Obama of Illinois and Max Baucus of Montana.

    Their plan would give employers 18 months to start using the verification system once it is financed. It would create a process for workers to keep their jobs and be protected from discrimination while contesting a finding that they are not authorized to work.

    To check compliance and fight identity theft, the legislation would allow the Homeland Security Department limited access to tax and Social Security information.

    The Social Security Administration, for example, would give homeland security officials lists of employers who submit large numbers of employees who are not verified as legal workers. The Internal Revenue Service would provide those employers' tax identification numbers, names and addresses.

    Social Security also would share lists of Social Security numbers repeatedly submitted to the verification system for different jobs.

    The senators also want to increase the number of work site investigators to 10,000, a 50-fold increase.

    President Bush asked Congress in January to provide more than $130 million to expand the trial system. That's not expected to be enough.


    Once the above plan is agreed to , the senators will be able to come to a way out of the present CIR impasse.

    "Report indicates that the Senate leaders have been working on contentious parts of the comprehensive immigration reform proposal as separate from the whole bill to crack the logjam. For instance, Republican Sens. Jon Kyl of Arizona and Chuck Grassley of Iowa and Democrats Edward Kennedy of Massachusetts, Barack Obama of Illinois and Max Baucus of Montana formed a team to negotiate the Senate agreement on the employer sanctions for hiring illegal aliens, and successfully reached an agreement".





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  • avi101
    06-29 03:41 PM
    Labor and I140 (except NIW cases) are applied through employer and is employer centric (unforunately) and they have every right not to give it to you. The lawyers won't give it to you either as they can be sued by company for doing that (based on what a well known lawyer told me).

    Your best bet is to petition through Freedom of Information Act (google or check immigrationportal forums for more info) for these things and you can get a copy from USCIS. People seem to have done this successfully. However, this takes time.



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  • xela
    04-23 01:16 AM
    everyone that sent in for july 2nd was accepted they did not send them back.
    I have rd july 2nd and my pd has been current no approval yet.....
    just means they might look at your case....hopefully...





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  • whiteStallion
    10-17 02:55 PM
    Just an advice, please do not accept 1099 from your consulting company. I had the experience and paid a lot more in tax at the end of the year than I would have paid in W2 as 1099 is considered as business income. You'll be paying more taxes than W2.
    So always stick to W2 when you are getting your salary from your consulting company. If Consulting company is paying you in 1099, then they do not pay Payroll taxes on your salary and thus save money. If they are paying you in w2, which they are supposed to(you being on H1), they have to pay payroll taxes themselves.



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  • MARY_GC
    08-24 06:52 PM
    I did exactly the same thing. I had a EB3 May 2004 I-140 approved and I applied 485 with this. during the first quarter of this year, I applied a new labor in EB2 and got it approved in 2 months. I applied I-140 EB2 in premium on 29th June and got it approved. Now my lawyer is going to interfile this new I-140 with my existing pending 485.
    First of all, dont worry with your old 140 while applying new one. They would not touch your old 140. The only issue right now is that there is no PP of 140 so you might need to wait up to one year to see 140 approved and that might kill the purpose.Just pray that they start PP soon.

    Thanks for ur information.I had 2 more doubts.
    1)when i'm doing interfiling i will be doing the same for my spouse &kid also.So,they too will get their 1-485 applications changed from eb3 to eb2 with the priority date of eb3 right? Or is this interfiling only possible for principle applicant's I-485?
    2) After reading ur case one doubt i had is that for me i already filed I-485 under eb3 & now about to start eb2 from the scratch perm,I-140 etc.so while eb2 process is going on at some point of time whether i need to say i have already applied for I-485 under eb3?If so it will make matters more worse right?I know U didnt go through this as u have started eb2 process well before applying for eb3 AOS.(U told u got even ur eb2 I-140 approved under PP)Still,i hope u would be able to comment on this as u might have thought of all the risks associated in interfiling before going ahead.thanks once again.





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  • rvr_jcop
    03-27 12:38 PM
    Hi,

    I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:

    I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
    So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.

    In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...

    What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?

    My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
    Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.

    I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,

    Any productive feedback is highly appreciated...

    pal :)

    Hey buddy, not to discourage you but, do you think its all worth when you have EAD in hand. I know you got 3 more years on H1-B but ask yourself a question and then make wise decision. Do you want to start all over again god forbid something happens to your 485?



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  • acecupid
    08-21 03:47 PM
    I don't know, you tell me!

    Maybe you can find out and let everyone know. :)





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  • kevinkris
    08-06 02:13 PM
    8/06/2010: Senate Passed H-1B and L-1 Filing Fee Substantial Increase Yesterday as Part of $600 Million Emergency Border Security Supplemental Appropriations Act of 2010
    � The House passed the Emergency Border Security Supplemental Appropriations Act of 2010, which the Senate passed it yesterday with amendments. One of the amendments includes the following fee increase for H-1B and L-1. This amendment was sponsored by Sen. Charles Schumer of New York. The amendment provides:
    o L-1 Filing Fee and Fraud Prevention and Detection Fee Wiil be Increased by $2,250 for Petitioners Employing 50 or More Employees in the United States and More Than 50% of the employees are H-1B or L-1 Employees
    o H-1B Filing Fee and Fraud Prevention and Detection Fee Will be Increased by $2,000 for Petitioners Employing 50 or More Employees in the United States and More Than 50% of the employees are H-1B or L-1 Employees.
    o The total filing fees after this legislation will be much higher than these figures in that these employers will also have to pay $1,500 American Worker Training Fees for H-1B petition plus current fraud preventiuon fee of $500 and I-129 filing fee of $320.
    o The Increased Fee will take effect on the date this bill is enacted into a law by the President's signature and remain in effect until September 30, 2014.
    � The bill needs Senate-House Conference and unless the House and Senate leader agree to return to the session during the summer break which ends on 09/14/2010, this bill is not likely enacted into law untill after the Congress returns to the session after the summer break. The amendment will be found in Title IV, Section 402 (a) and (b) of H.R. 5875, as amended by S. 3721.
    � Understandably, this bill will hit hard Indian giant consulting businesses since the employers that will be subject to the increased fees fit primarily Indian businesses such as Wipro, Infosys, Tata, etc. Report indicates that these firms started and will continue to lobby the Congress against this bill from here on.
    � The fact that this amendment was introduced by the Chairman of Immigration Subcommittee of the Senate Judidiary Committee indicates that probably he intends to smooth out hardline opponents of CIR by showing strong support for border protection and protection of U.S. hi-tech labor markets in the environment of nation's struggling economy and unemployment rate. Please stay tuned.



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  • shaikhshehzadali
    07-08 05:51 PM
    They took 20 k tilll last month and no match.

    ____________________
    contributed $260 so far


    How do u know that?





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  • vikki76
    06-17 01:13 PM
    Hello,
    While I understand that there is legal limit on number of times AC21 can be invoked assuming it for similar job transfer, but I was wondering if some one on this forum has changed job multiple times after 180 days of 485 filing.
    My husband recently changed companies for same job profile after 180 days of filing 485 and having I140 approved, but now job is not what he initially expected (in fact lot different in terms of work and responsibility) , so he is now on lookout for another change in same profile.
    His title in both jobs is Sr Software Engineer.

    He is the primary applicant, and has 3 three years of H1-B extension. Is there any chances for RFE? His lawyer at current company did send AC21 letter to USCIS.





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  • anoopraj2010
    07-29 08:11 AM
    My kids and I got our I485 (EB2 I PD 2005) approval in July 2008 and my wife's case was sent for Interview which we attended in December when they asked to redo the medicals. Medicals were submitted to them after which the case has gone "dead".
    Questions :
    1. What is the Immigration status of my wife during this time? Her H4 (which would have been nulled due to my AOS anyway) in December.

    She has Advance Parole and EAD but everyday we are worried about challenges ranging from not being able to buy life insurance for her at competitive rates (she has been declined due to THIS immigration status), Drivers license renewal coming up. We havent been able to travel freely as a family outside the country due to the fact that AP is for emergency travel only.

    2. What will happen to her case if something happens and I pass away while she is waiting?

    3. Do I have to wait for my earlier PD (2005) to become current again before she gets approval. The way it is going with retrogression my kids and I may get citizenship before she gets her greencard.

    4. Will writing to a congressman / senator help? It is really having a significant impact on our lives as a virtually "broken family".

    Your help would be much appreciated.





    deepakjain
    01-21 03:25 PM
    I was one of the candidates who had this issue, I was given a 221g in 2009 Dec at mumbai consulate.

    I was not asked for any documents, and the officer told me that my case has been putup for security check and I can expect a reply back from Washington DC within 2-8 weeks.

    I received a reply on my case after 3 weeks and then I took the copy of the reply and submitted my passport at the mumbai consulate for visa stamping, 3 days after
    submitting my passport I got it back with visa stamped on it.

    Please note in 2009 I was in my 7th year of H1B, I had EAD and AP during that time and I have a permanent job and have been working for the same firm for last 6 years.

    Regards,
    Deepak

    Folks:

    I was just informed by my lawyer that there is a potenital for significant delay in getting the visa stamped due to security checks. I assume it is PIMS related. My questions is:

    1: Has anyone experienced such delay recently at Delhi Consulate? Please note that last visa H1B expired in Aug 2010.
    2: Is there any proactive steps I can take before going to India and make sure that there are no delay due to PIMS verification

    I also read somewhere that there is a way to get PIMS verification done while in US.

    I will appreciate your responses.





    wandmaker
    11-05 10:43 AM
    ......
    I want to convert this H1b application to Premium Processing now, that is after responding to the RFE. My current company's lawyer claims that we cannot convert to Premium Processing after an RFE is issued and answered. Is this is true? Can an application be converted to PP only if it does not receive an RFE? I thought it can be converted anytime...please advice.

    You need to send in the I-907, please read section "Premium Processing Service for Form I-129 -Upgrades for Pending Cases" on Page 2 of Download Instructions PDF USCIS - Request for Premium Processing Service (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)


    ...
    If you have already filed Form I-129, and you wish to requestPremium Processing Service, file Form I-907 with the ServiceCenter where Form I-129 is pending. Include a copy of FormI-797, Notice of Action, or a copy of the transfer notice, ifapplicable, showing the location of the relating petition. Toensure that Form I-907 is matched up with the pending FormI-129, you must completely answer Questions 1 through 5 inPart 2 of Form I-907. If this information is not provided, theForm I-907 will be rejected. The Premium Processingaddresses for each service center that handles Form I-129 islisted in the Form I-129 filing chart
    ...



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