Monday, June 20, 2011

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  • Hey Ram GC
    04-24 05:45 PM
    2)The processing times says that they are processing cases as of July11 , 2007 but they have cases with RD 2003,2004 so a RD of june 2007 doesn't mean much older case


    They should also consider that a person whose PD is 2001 stuck since 3 yrs. waiting to apply 485, applied in June also get priority.
    For EX; My 140 was approved in Jul 05, that time eb3 was U a Big U. EVERYDAY, EVERYMONTH, waiting / expecting to file 485, finally I could apply in Jun 07, when my PD became current, I like others suffer a lot, 3 yrs. i had been waiting for the moment to file for 485.

    its like one who filed in 2005, still waiting, still suffering, and Me like others who did not file, but suffered, still suffering...

    I am looking forward for magic mail, God knows when I will get that.





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  • venky321
    02-13 10:38 PM
    Actualy since most likely Labor is not filed in NJ, if the payroll is processed from NJ...
    there can be a problem of explaining why the labor is not filed in NJ. Most consulting firms dont file labor again and again ( I have a friend in PwC and he says PwC files for another labor if its outside drivable distance) when consultant moves form state to state for project like nomads.

    The regulations clearly state that the H1B is location specific since a large part of the paperwork regarding the visa is about prevailing wages. Its pretty astounding that most consultants are not even aware what an LCA is although they travel from place to place like nomads. I think recent events clearly show that the law is serious about going after violations this time.





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  • neverbefore
    06-27 11:15 PM
    Guys

    Despite all but one reasons to the contrary, we decided to use BA. That one reason was price (no surprises here).

    We bought the tickets in January and waited till May for the date to come current, so we may travel on GC rather than DATV. As we all know, the date actually went back.

    After a little bit of procrastination from both and some reckless assuming from my spouse, we reached a stage where we had a full Wednesday, a full Thursday and a bit of Friday left to apply for the DATV for my spouse from scratch and to get our kid's passport and post-biometrics documentation to the UK consulate and get back both their passports with DATVs.

    The reckless assumption was that an approved but unstamped H1B (basically just the I-797 Notice of Action) was good enough to not require a DATV for my spouse.

    Besides, we did not read the instructions on the DATV paperwork carefully enough to note that we actually had to Fedex the docs and passport to the consulate. My spouse just went by what the staff at the biometrics center advised, which was that you are done and good to go and basically wait for the visa (even with the kid's passport in our possession)! Yes, that was way dumb on our part.

    So we woke up to this in the afternoon of Tuesday and soon had friends sending us information and offers of logistical help. My spouse applied for DATV online that afternoon and secured a Friday appointment for biometrics. That was the earliest available and was also the date of their flight!

    Taking a chance, my spouse went to the biometrics center Wednesday morning and managed to get the fingerprinting done by 0815. Then we drove to the UK consulate, hoping they would entertain our case as an emergency.

    We might as well have hoped for a date with Rapunzel. It was not ivory but it was a tower alright. My best people skills succeeded in persuading the lone security official downstairs in calling upstairs. However, as per his prediction, all that came down was just another security official who said absolutely nothing different, which in essence was: You are not allowed to go upstairs. They will not entertain ANYone (obviously excludes the President, the Queen and other such people) unless there has been a death (their accent made it sound like the word 'deaf') in your family (and we couldn't think of misusing that for our case). The window opens for visa agents between 0830 and 0930 and since it was already 1030, even a visa agent couldn't do squat that day. Applying directly is only possible through mail and it will take a minimum of 5-10 business days to get the visas. However, here is a list of visa agents with their contact info who might be able to help you get the visas quicker

    Meanwhile, a lone visa agent was interacting with my spouse in the same lobby. He was in the printed list given to us and since he was already talking with us, we decided to go with him. He said he was going to charge us $100 per DATV for his fees. We were free to leave our papers and passports with him right then or we could show up at 0830 the next morning for him to take the papers in. We elected to do the former.

    This guy then applied for our DATVs on Thursday morning and asked us to come collect them Friday morning (day of the flight), which we did. All went well thereafter and a little bit of carelessness cost us $200, loss of sleep, loss of work-hours but also reassured us that we have some great friends around us.

    Here is the whopper though. Noblinkingbody ever ever asked to see these DATVs all the way from US till India! Is this then just a sham for law-abiders? Just emblazon some logicless words in some officious location and amuse yourself watching these worker bees make a line carrying them out at some undeserved expense to themselves?

    You know what though! I asked myself if I would still apply for a DATV if required and with all this information in my mind, my answer was an unwavering yes. That's how I fear a lot of us might be made, which is why we continue doing the lawful and the right thing while accepting the step-parental treatment here in this country.

    Oh well!





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  • neoklaus
    11-14 04:14 PM
    08/13/07.

    Was your FP appointment a "Code 3"? I managed to get a infopass appointment on Nov 14th(more than 90 days from receipt date) just to be on the safe side. Lets see what happens.

    They have 3 types: "Code 1"- fingerprints only
    "Code 2"-FP+Picture
    "Code 3"- FP+Picture+Signature
    Probably USCIS using "Code 1"(from time to time "Code2" cause you're getting older) when you have to do FP again... and again... and again... due to expiration and not gettin' GC still...

    I made Infopass too on a 91st day( EAD), but canceled it-they send me an e-mail that my EAD card has been ordered exactly on a 90th day( just for Info:for me it was after FP was done 4 days before. My husband & daughter
    get ther EAD 3 weeks before FP ) We are "with" NSC



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  • bihari
    03-23 08:14 PM
    We are ready to pay any fee but process should move fast.





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  • QuintonBermuda
    05-10 03:22 PM
    Thanks for sharing the link but honestly there is nothing new in this one. Immigration reform is being talked about since bush era and so far nothing has happened! Do not be surprised if you see an other version of this document in 2020 too!

    That may be the case, but maybe we should use this time to step up our efforts in our own states and cities. If you just say, "Oh this is all rhetoric, and nothing will happen" and sit on your couch, aren't you contributing to inaction??

    I say we have mini advocacy days in our own states...and I would be willing to be involved!!



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  • calgirl
    07-23 07:03 PM
    Can someone point out to some website or proof that FP notice is generated when you e-file. My lawyer says no. I don't want to argue without proof.

    I need some kinda official link ?

    Thanks.

    Wow! I didn't know that you got to take 2 sets of finger prints for EAD and I-485. I didn't got finger print notice for I-485, but got notices for EAD. When do they usually send finger prints for I-485?





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  • stemcell
    03-02 11:06 AM
    Most medical professions are cap exempt.
    But since CVS is a 'for-profit' company it may not qualify....



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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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  • 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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  • mhathi
    04-02 07:50 AM
    This question is flawed. The act of changing employers from your original sponsoring employer means you are automatically invoking AC21. Whether you use H1 transfer or EAD is just your decision on how you prove work authorization to new employer. There is no way you can change employers without invoking AC21.





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  • bugmenot
    05-24 06:06 PM
    interesting poll, last year itself 60k software engineers went back to india citing the same reasons



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  • godbless
    07-10 04:11 PM
    However, that's your typical lawyer's view. "Benefits of retrogression". Its like saying "Benefits of Starvation and famines". Although famines cause starvation and shortage of food, the benefit is that no one gains too much weight and those who seek to lose weight can finally succeed since, there isnt any food around. Such benefits is currently available only in famine struck regions where food is really in short supply. There is no obesity problem - A HUGE ADVANTAGE ... LIKE BENEFITS OF RETROGRESSION - for people who are running out of food to eat.


    That was a good one. I can't stop my laughter.





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  • harsh
    03-17 02:53 PM
    done and dusted!!.



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  • meridiani.planum
    07-09 11:50 AM
    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

    from what I know there are three common reasons for I-140 revoking:
    - open I-140s get counted in ability-to-pay, so for smaller companies its nice to close off any unused or no longer used I-140s.
    - big companies dont want to keep any open file in USCIS needlessly. In case of any audit or things like that, all those old I-140s also come into the picture, and need to be supported, responded-to and all that.
    - lawyers like to charge fees one last time on a case that otherwise they are not going to work on anymore.





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  • ultimo
    09-18 03:52 PM
    had it been back home , this might be true but as of now this is a false thought and statement.

    Cheers!

    it wont be true in USA . hope its a false statement



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  • yabadaba
    06-28 02:10 PM
    they need to have the "assimilation" amendment. the main rhetoric is about pressing 2 for spanish...so the assimilation amendment requires that you take TOEFL/IELTS or 8 credit hours of english in a community college. Community colleges can make some money from it...and the critics will be silenced. Then they need to show that they each have a Weber grill and that they grill out for at least 10 weekends per year....this can be the assimilation amendment.





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  • getgc2008
    07-23 09:23 AM
    This poll should be greater than the other one that is for approvals.





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  • mandeep1975
    07-18 04:03 PM
    Why did you file I-140, if you don't want to join that employer? That's the reason they decided to stop labor substitution and prevent such abuses of law!





    dkshitij
    08-27 04:16 PM
    It is not the job of the lawyer to say why you are a better fit for the position. It is the job of the company. The lawyer is not the one hiring you, it is your company. Unfortunately, with an MS+0 experience, you are in a position where it is highly likely that your labor would be denied. You need to be able to show that another person with an MS+0 who does not need sponsorship is not as good as you. Even if they are reasonably as good as you, it will not be approved. See if you can get the requirements modified.

    Hold on lady! (I am not calling you a woman, its just a colloquial slang) Stop making assumptions here. I have seen many a MS+0 get approved. It depends on job requirements. Education is just one parameter. Skills and domain of expertise matter too.





    pt326bc
    09-28 08:56 AM
    Unless you have any status violation (out of status) and criminal history, If 140 is approved, and 6 months passed after 485 filing, and if you and your spouse has EAD, there is absolutly no necesscity to file H1 & H4 extension. It is a waste of money.

    However, one has to careful in timly renewing EAD and watchful for FP notices every 15 months.

    There are actually some benefits of H1/H4 extension.
    For one EAD/AP are only for 1 year, so they need extension too every year (not cheap by the way).
    Also for renewal of driver license it is better to have a 3 year approval rather than EAD/AP (more money every year and the hassle of going to DMV).
    For physicians the state license in some state is linked to your visa status (like in Washingon state they will give you a license valid only till your H1 expiry). Again more money to be spent every time you renew it.
    Not to mention you get a 3 year I 94 you could get by simply going to Canada/Mexico!
    Of course there is is the benefit of maintaining an alternative status in case there is a problem with your I 485.
    You could still use EAD to work but if there is a problem (and you still have a relationship with the H1 sponsering employer) you could simply exit the country (go to Canada/Mexico) and reenter using valid visa stamp and thus being back in H1/H4 status.
    Again just my 2 cents; not a legal opinion.
    Regards.



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