Monday, June 20, 2011

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  • bostonian28
    05-26 10:30 PM
    We also were in the same boat EAD / AP / H-1 went to India, did not get our H-1s stamped, at the port of entry we were only asked for AP and finger prints were taken (good thing as now I have my finger prints current), Immigration officer looked at the valid H1 visa but did not do anything, I did not want to come back on EAD.

    However looks like AP is the substitute for your H-1 B stamping in the passport.

    Hope this helps.





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  • eilsoe
    10-02 07:59 PM
    check yer e-mail...

    I'm gonna go get me a midnight snack....





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  • senthil1
    07-09 11:48 AM
    There is no law to revoke I140. But by common sense it is better for company to revoke I140 to avoid any future issues.
    For example GC is for future job waiting and if a company has 100 employees and another 100 left with GC processing is on. They cannot justify to hire additional 100 persons who left after getting their GC. Also ablity to pay issue also may come up. These issues may create a problem in future GC aspirants in that company. Also may be because of DOL audits and hue and cry from anti immigrants companies may be extra cautious to safe guard from any legal issues.


    I am trying to understand something here..... I had consultation with murthy lawyers and they told me that there is no law written anywhere that states that the employer must revoke I-140 if the employees is laid-off or is not working with them anymore. I was laid off and my company is determined to revoke I-140 because thats what Fragomen lawyers suggest. I am having a hard time understanding why would they want to cause problems for me when I am not even leaving on my own and got affected because of layoff.

    Does anyone use Fragomen and could ask their attorneys this question whether a company is required or obligated by law to revoke I-140. That way I can try to convince my company's attorney that another attorney within same law firm have different opinion





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  • StuckInTheMuck
    08-15 11:41 AM
    The trick about VB alerts on IV forum is not to post them at all - because someone is always ahead of you (heck, they are ahead of even the VB drafters themselves) :)



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  • gc_on_demand
    11-06 11:14 AM
    I have done some research into this category.

    500k option seems easy but it has also some string attached.

    Few basics of EB5

    (1) Fund needs to be legal. If you bring from India then there should be enough trace of funds. Lets say some one gift you money in India then you need to show that you paid gift taxes in India. If you get gift from some one here then you need to pay close to 75k as gift tax in USA.

    (2) I searched for few regional center program and almost all program charges 30-50k administrative fees ( Application Fee ) which is non refundable if GC denied.

    (3) If you borrow money against your property in USA or India and invest into this program still you may not be able to balance it. Average Loan rate will be 10- 12 % while average return in Eb5 regional program is 6 - 10 %.

    (4) You cannot withdraw money for 3-4 years. Some program ask you to make commitment of 5 years. Also no one specify exit strategy.

    (5) Some program hold your money into Escrow account meanwhile you get your GC and once they collect enough amount to kick start project they will not give you any damn return. ( Just interest rate which is very very low these days ) so lets say you invest money today and they cannot collect enough money for next 1 year then you need to wait for 1 year to have them invest and another 1-2 year for them to start giving out return. and besides that once return starts there will be a commitment for certain years.


    bottom line is if you have spare of 600k-650k money and not expecting more than 0-5 % return on that money you can go for EB5 for shake of GC. if you have 1.1 - 1.2 million then
    you can buy business and employ 10 full time USC. That can give you more return.





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  • Berkeleybee
    04-26 02:07 AM
    All,

    The economic testimony is now up on the SJC hearing website

    http://judiciary.senate.gov/hearing.cfm?id=1851

    best,
    Berkeleybee



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  • mhtanim
    08-15 02:45 PM
    Mine was transferred from TSC to CSC on June 21, 2007, no updates since then. CSC is not even processing 485 applications. Customer service told me to wait for atleast a year.

    Wait for a year? I don't think the CSR knows what s/he is talking about.





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  • amsgc
    09-17 10:14 AM
    Thank you guys for your response - I appreciate it.

    I understand the option of re-entering the country with a new visa, which may be the best way to go. However, there isn't much time left till Oct 31, 2008, and I am wondering if there is any other way to resolve the problem.

    1) How does one apply for the extension of the I-94. Which form should be used, and how long does it take?

    2) Can one go to the nearest port of entry with the both the current and new H-1B approval notice and request them to extend/give a new I-94 till 2011?

    3) What if he goes to say Canada next weekend, and on his return shows both the H-1B approval notices:
    Current one: expires on Oct 31, 2008
    New one: Nov 1, 2008 - Oct 31, 2011

    Will the IO at the POE give him a new I-94 that is valid till 2011?


    Please advise.

    Thanks.



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  • rahulpaper
    08-15 02:29 PM
    Me too. Same NSC>>CSC>>NSC.





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  • chil3
    03-16 10:21 PM
    We will have lesser pain If we think as if we are living in some middle east country where no immigrant gets citizenship I believe ...they just keep issuing visa after every two years.

    Thinking they will do something in favor of legal immigrants seems almost impossible in this economic situation. That too when they are not letting pass healthcare bill which possibly could be beneficial for Americans.

    I have less pain now when I think I am in mid east with more freedom...I have to keep renewing EAD & any moment of time I could be denied and go back to own country..

    GC wait is endless ...at least for EB3



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  • thatwillbeit
    07-26 05:18 AM
    ^^^^^^^^^^^^^^^^^^^^^





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  • kkking
    09-26 02:24 PM
    Recieved by Fisher on 20th July. Nothing after that. Called the customer support and reached IO. Nothing in the system yet.....



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  • northstar
    05-24 05:17 PM
    Hi,

    I went out of status. Right around then I met my future wife who is an american citizen....

    What a stroke of luck, you are really a lucky lucky guy :)





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  • GCwaitforever
    09-28 04:52 PM
    I have worked many times, after sending the courier. Just have the documentary proof of payment and fedex receipt. That is SUFFICIENT.

    BTW: One tip I have for u guys, is to pay the H1B fees with your personal cheque, and that way, whence the cheque gets cashed by USCIS, you immediately have the receipt and furthermore, USCIS would put your EAC number on the cheque, whilst deposting it, hence u have three benefits, when u pay with your cheque.
    - u know when USCIS cashed the cheque
    - ur middleman can NOT fool you, since u know, exactly when the app is filed and money collected by USCIS.
    - u have the receipt # (which is also ur EAC number) the moment the cheque is deposited.

    This is common sense, tactic to keep urself informed and enabled, always.

    HTH.
    Deepak

    This is good stuff. I was wondering why the attorney was asking for an official check and telling my company that it was needed. My HR took that bait. :mad:



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  • sbabunle
    07-23 11:01 AM
    In some states phone recording is illegal..How can that be worked out?





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  • h1techSlave
    10-26 09:51 PM
    well yeah, you are on IV and you say bad words for IV then yes you get red. IV always had policy don't ask don't say just DO.
    hey.. but I gave you green :)

    I have the same views and I also gave "ras" a positive reputation.



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  • plassey
    09-04 10:04 PM
    This seems to be a genuine case, my prayers are with you and your family. Though it is a tricky situation but be positive!

    Question to gurus: Can congressmen help him out on this? Can some IV volunteers give him a call and accompany him to the congressmen office.

    I am not suggesting to circumvent the law but how about:
    Leaving USA by road to Canada and not depositing his I-94 on his way out and at the same time have someone mail his AOS to his home country The assumption here is that he will get his AP in 30 days of his leaving the country



    Last week I lost my job even when I was on medical leave and today I got a phone call call from India about a major health condition for my father.I have to leave for India tommorow and I do not have a job so no H1b.Also as my previous H1 was not stamped I do not know how to come back.My only hope is my advance parole which was filed on July 02.Can I come back on that without a problem.Also how much time does that take to come.I have recd my notices of 485,131 ,765.Please help.





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  • bestofall
    03-16 11:05 AM
    http://chennai.usconsulate.gov/h1brights.html
    Rights and Responsibilities of H-1B Holders
    Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker
    The skilled temporary worker visa program, also known as the H-1B visa, allows foreign nationals with advanced skills to take up jobs with good salaries in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Indians use the vast majority of H-1B visas. While the vast majority of H-1B employers are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.

    You are entitled to the following rights as an H-1B worker
    You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This in turn must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
    You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
    You must receive the same fringe benefits on the same basis as offered to American employees.
    Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
    You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
    You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
    Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
    Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
    You have the following responsibilities as an H-1B worker
    You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
    You should look out for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
    If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
    You may not enter the United States more than 10 days prior to the petition validity date.
    You must follow U.S. laws and regulations while in the United States.
    Your spouse and other H-4 dependents may not work while in the United States.
    If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or www.wagehour.dol.gov. You can also contact Consulate General Chennai at chennainiv@state.gov





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  • Ramba
    06-03 10:55 PM
    If the purpose of setting aside 90,000 visas is to clear backlogs enforcing the country cap means the backlogs will persist. It would be insane.

    Yes. That is what it is. DOS/USCIS do not prefer couple of countries take entire visas. The problem is not the 7% quota. The problem is how they are interpreting and implementing. They took a stand that, untill world wide demand for EB visas are less than available numbers, the country quota will strictly enforced. They do not care preference catagories. For example, in EB2, India and China are the major consumers. There is no demand from any other countries, like in EB3. If you see the last year statistics, they issued just 22,000 EB2 visas compare to 40,000 available. They issued the remaining EB2 visas to EB3-All other countries, though lot of demand for EB2 visas by India and China. Therefore till EB3-allother countries become "current" India and China will get only 7% in any EB catagories.

    What I see the problem here is, DOS saying that till worldwide demand for EB visas are less than numarical limits, they will issue only 7% to any country. This brings big imbalance. What happen if world wide demand for EB visas never diminshes in any year, particulary in lower catagoies? What happens if EB3 demand by all other countries continously escalates? Always, the demand for green card is higher than supply. Even if they make 500,000 EB visas, there will be more demand than 500,000 because of lot of demand in EB3-skilled worker catagory. There fore becuse of country quota is continously applied for the susequent years (non-stop) India will get only 7% for ever. There may be situation that EB3-India with PD 2007 can not get GC for next 10 to 20 years if world wide demand continously escalates. At the same time EB3-All other country with PD 2007 may get the card with in couple of years.

    To fix this, the country quota should be applied for only one year. In next year, all the remaining applicats have equal preference (no country quota). Till all the applicants in a fiscal year recives the GC, the visa should not be given to next year candidats.





    LostInGCProcess
    08-29 10:38 AM
    Thank you, FinalGC for explaining painstakingly with an example. I am right now looking at the links provided by other members of this community, and trying to see what is good.

    I have to know one thing...Should we always be on a insurance for continuity, which in the long run could reduce the premium? Or is it "when I have insurance I have it"??





    csriram45
    07-12 01:40 PM
    Do all those who want to be a part of the lawsuit need to send AILA information? I mean, if say some of us are affected by this but AILA has enough representation, does everyone who was eligible to apply in July become a part of the lawsuit? This would mean those who applied in July and those who decided not to apply but could have applied...



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