Senin, 27 Juni 2011

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  • eb3retro
    03-30 04:25 PM
    did 5 trips in the past 2 years (few of them official) using AP. Changed jobs twice in EAD not filed ac21. As long as you have valid AP, you are good to go to enter. make sure you remain calm and answer any questions in POE. You will be fine.

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  • vdixit
    04-10 08:00 PM
    THere are restrictions on applying H1B via multiple employers. THe candidate will be rejected outright. Read the recent guidance on the USCIS website. So hopefully we will not see multiple applications for the same person this year.

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  • katewill
    08-24 01:20 PM
    180K per BEC and 2 of them so 360K cases overall.
    hello days go by,
    kinda new here.
    is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?

    overheard most are EB2/3 cases and not many 245i cases.

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  • immigrationvoice1
    02-27 02:23 PM
    Hope this documents appears in the sites run by the "anti-employment based immigrants" supporters.


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  • shreekhand
    08-12 05:54 PM

    Your PD has been current for only 12 days, it is in no way overdue. I would seriously continue to find more info and scale up efforts only after a couple of months. The real test of patience begins after the PD has become current.

    That said, I have seen others get the reply you got before and then gotten approved in a few weeks

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  • habil52
    09-25 07:50 PM
    I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.

    I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.

    With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.

    Get a job in either an educational, research or a non profit organization and reapply for H1B under quote exempt category. do it soon as that too takes time... preferably through premium processing after securing a job. good luck.


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  • h1techSlave
    04-27 10:32 PM
    This one is from Mathew Oh:

    After all, we should just focus on the upcoming CIR process rather than these piecemeal legislative bills.

    After watching all these dramas in the Senate/House, I feel the law makers are testing the waters with various types of immigration bills. Like the IV core team has always suggested, our only real chance is the CIR, whether we like it or not.


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  • pt326bc
    09-23 09:19 AM
    Man why you need reciepts?

    For most purposes of contact with USCIS you don't need the original receipts.
    The only exception is the time when you travel if your AP is pending. You would need to have a valid visa stamp (H1/H4/L1 or whatever) and the ORIGINAL receipt notice.
    As far as the lawyer saying that the original receipt notice being property of the employer; that would only happen if the lawyer is on the payroll of your employer and the employer is paying for the whole process.

    If you have an independent lawyer and you are paying him, the AOS/EAD/AP notices are your property (if you can use that term).

    I think legally the employer might refuse to give you the original notice for H1B or LCA or maybe I 140 but you can always get them using FIFO.

    Of course you would have to insist on the original H1B notice if you are going for visa stamping though.

    Again this is not legal advice, just my 2 cents as I am not a lawyer.



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  • Soul
    05-27 09:10 AM
    Thanks :thumb:

    I'm not sure if I should be happy getting votes about bad design! lol! :P How ironic

    - Soul :s:

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  • skv
    08-03 05:37 PM
    Hi logiclife,

    I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.

    Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.

    What you did was creative (in a bad way). Sorta illegal. And sorta forgerish and borderline fraudulent. I am not judging you, I am just telling you how it sounds.

    Now, how did you add material to the word document that was already signed? And therin lies the bad part.

    Anyways, correspondence between USCIS and employer/lawyer/employee is always thru mail. I dont think they communicate thru faxes.

    Now, if for some reason INS (and by the way, its USCIS now) came to know afterwards, then you are in a deep hole because it sounds like fraud. Fraud is grounds of denial of immigration benefits (any benefit, like H1, or GC or citizenship). Besides, roles and responsibilities are not really needed if the letter says that all conditions in labor cert and 140 are still valid and employment is still offered as per labor cert. Then you dont need detailed description of what you are doing. And even if you felt the urge to add that part in your letter, why didnt you just ask them that?


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  • gg_ny
    09-14 08:52 AM
    The VFS website is good for FAQ. Also, their email reply service is appreciable as I had my doubts cleared in 24 hrs cycle. You can also call them, they DO answer. The dates keeps changing because, I think, of cancellations and other eventualities. Usually, people make appointments anticipating , and keep changing it as their schedules change. You can reuse your payment id for 1 year and hence one could make appointment for a date, KEEP LOOKING, and if you find another suitable, then cancel and reschedule right away. I believe the calendar is live or almost live. They do allow emergency appointments but I am not clear wehther you could do it from here or you need to be present there. Typically, if you have a good travel agent/company, they can handle it better in your favor.
    VFS email id that worked for me:

    Hope this helps.

    As per if you're working in the US and are returning back to work, you can qualify for emergency quota. Is this a viable option? My travel dates in Aug / Sep / Oct are not confirmed yet and so I am planning to take an emergency appointment only.

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  • rocky74
    07-20 10:32 AM
    I applied for my labor in July (Chicago) and my PD is July 2007. If I get approved before August 17 then will I be able to apply for I140/485 before August 17th.


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  • David C
    November 25th, 2005, 01:11 AM
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  • superdude
    07-20 12:29 AM
    Congrats to all those who are lucky enough to file their I-485 by August 17. I am kind of on the unlucky side. My mandatory labor recruitment wait period of 30 days end on August 17. Wonder if anyone has any idea about I-485 availability or unavailability by september or october or may even next time this year to use up the available numbers.

    I appreciate all your responses.

    Only those whose labor got approved prior to July can apply for 140/485. August Bulletin says "U" for all categories

    It is hard to predict when the numbers will be available again in the future. They may open up for EB1 and for other countires except India, China, Phillipphines and Mexico.


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  • snowshoe
    11-15 08:28 AM
    We (3 of us from the PA state chapter) had a meeting with Congressman Joe Sastak's office staff in Media, PA.

    The staff member was completely unaware of our issues (other than, FBI name check takes long time and USCIS processing is slow). However, she was eager to understand our problems.

    She recommended that we should meet the office staff in DC since they handle issues related to legislations.

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  • snathan
    03-28 04:22 PM
    As per my tax preparer's advice, I sent both the tax return and W-7 form to IRS ITIN Operation office in Austin, Texas. Is this the correct address?



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  • ksiddaba
    07-18 12:43 PM
    I do feel that a flower campaign again will have the opposite effect. Once is a novelty and the media loved it, I think the second time you would be annoying people and so would do more harm than good to your cause.

    Let's see if we can get IV to talk to Zoe Lofgren and other and see what actions we could take. We are behind you financially and with manpower. Please do not let frustration creep in.

    Ultimately you will succeed.

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  • priderock
    03-27 09:55 AM
    It is truly amazing how people give advise on legally sensitive issues without verifying the facts. People go to the lengths of suggesting work off the books in an open forum (Admin was right to cut him/her off right away).

    It is always good idea to consult a lawyer on these matters. You may be breaking the law unwittingly.

    AFAIK (I am not a lawyer, consult a lawyer) , you can't work even for free if that job is NOT usually done for free. For example you can't work as a developer for a software development company for free.You may call it volunteer work but it has to be truly volunteer work, meaning others also do this work as volunteers.

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  • rahul2699
    05-19 11:46 AM
    The Indian compnies absued the B1 visa...they are getting B1 visa but brought in people, put them at client location for work. The USCIS/US consulates found this and this is the right reason for your B1 visa rejection. So you wouldnt be able to get the B1 even if you apply again.

    I agree with you...B-1 visa abuse by indian MNC's putting pressure on the legit applicants. Looks like its all coming together to haunt. I think you'll have little luck in getting it done considering that you've already spent 3 years on H-1B. They might look at it as you are resorting to B-1 visa to immigrate. Sorry to say this but that's most likely is what they are thinking.

    09-18 05:18 PM
    Hi, can I use EAD for my current employer.. my h1b exten under process and taking more than 1 yr .... thanks

    Of course you can work using your EAD for your Employer. The reason why so many still remain on H1(even after getting EAD) is because if the I-485 (AOS) is denied, they can still continue to work on H1 and maybe restart the whole GC process. But its not possible once you switch to EAD. You cannot fall back to H1.

    04-15 06:54 PM
    I have been in this situation but my work location changed more than 100miles within the same state. My attorney asked me to start another labor.

    1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.

    2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.

    By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.

    Here is the deal when changing the location while GC is pending:

    1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.

    So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.

    2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.

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