Wednesday, July 13, 2011

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  • rb_248
    07-16 05:22 PM
    Me too...it was posted 15th of June... This is not the July one :p

    That is why this GCKabhayega has so many red dots....





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  • insbaby
    07-17 08:02 AM
    Hello freinds :

    I would appreciate if anyone can guide me through the situation I am in. I have been working for a company for past 4yrs. After the July bulletin was released on June 15, my employer has stopped responding to my emails, voicemails and registered mails by normal post. When I try to reach him on the telephone his voicemail message says that he is travelling and not to leave any voicemail messages but to email him and he will respond when he gets a chance. When I email him I get an out of office response. There are two other people working in the same company. I sent emails to these people and also left voicemail messages but they are also not responding.

    This has put me in a very difficult situation as I dont know what is the status of my H1B application which expired recently. They were supposed to extend it. They are also not telling me the status of I140 application. My labor PD is June 2004. I would like to file the I485 application if USCIS reverses their decision.


    Has anyone been throught the same or similar situation ?


    This is my third employer and third GC attempt in the 11yrs I have been in this country.

    Buddy, I am sorry for your situatiuon. It looks like you thought everything is employer's responsibility. They don't move even a small piece for you unless you follow up in time.

    You said, your H1B expired recently (!!!!). You must have known that the H1B petition can be filed for extension 180 days before. Also, you must have read that how much time each procession center takes for this extension of H1B (min 6 months). In such case, did you ask the employer to extend the H1B in FEBRUARY? If they have applied, then they should have got an "Recepit Notice", which makes your stay VALID. If they have received something else, they should have let you know, because "IT CREATES BIG PROBLEM FOR THEM TO KEEP SOMEONE with H1B EXPIRED". So, it looks like, your petition went ok and your are now SAFE.

    If you have given pressure to your employer the day before the H1B expires, (sorry to say this) it is your problem, not theirs. Their job is not looking at your expiration of H1B, it is your. This often happens in small companies, big companies usually have HRD, who takes care of this issues in time.

    On I-140 approval: If I assume your company is fairly small, then you can not avoid interacting with the lawer while filing such things. (Usually there is not anyone doing this job, but you do, sending documents, confirmations to lawer). In such case, CALL THE LAWER for the status or your petition reference number to check online.

    It is very uncommon a lawer is instructed by the company not to provide information, it makes the small companies life easy if you deal directly with the lawer.

    So there are ways to solve the problem in time without bugging the Employer with no ears. Move fast and file your 485 before end of july !!!!! :cool:





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  • amitga
    08-24 01:29 PM
    Can interfiling done for spouse. I filed 485 based on my PERM labor. Can I interfile this 485 when my wifes labor gets approved from Backlog.





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  • TigerAmit
    09-23 04:55 PM
    Hows your question relates to this thread ? Did you post your concern in error ?



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  • jasmin45
    05-14 08:40 PM
    Here are the details.. you can determine if you fit in.

    EB2 Eligibility :-

    The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."

    A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.

    Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification. Read more about this program.

    In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:

    An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;


    Letters documenting at least ten years of full-time experience in the occupation being sought;


    A license to practice the profession or certification for a particular profession or occupation;


    Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;


    Membership in professional associations;


    Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
    If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.

    Application Procedures
    USCIS Form I-140 Petition for Alien Worker is required. Your employer must file a USCIS Form I-140 (Petition for Alien Worker) at the USCIS Regional Service Center that serves the area where you will work.

    EB-2 petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-750. Please see the Department of Labor's Employment and Training Administration for more information.

    If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B. Please see the Department of Labor's Employment and Training Administration for more information.

    Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please click here for more information on USCIS offices.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD





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  • austinsamb
    05-12 09:53 AM
    Some people say this is 6 months, I am not sure and I have been asking on various forums but haven't received a concrete answer yet.

    I travelled out of country last year for few days and got back on November 2008 and my H1 Visa expired on March 2009 (4 months) and I had no problems at the port of entry. I-94 was valid till H1 expiry date. So I dont think the 6 month rule exists but I'm not sure about the 3 month rule. My renewal H1 was also pending approval during my travel.



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  • purplehazea
    05-11 12:50 PM
    800 989 TALK - I confirmed it





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  • kaisersose
    05-07 11:38 AM
    Just go to the doctor get a new set of paperwork for the vaccines he originally gave you.

    My wife did not take vaccines as she was pregnant. We were waiting for an RFE to get it done. We got the RFE last week, but there is nothing about medicals in there! Instead they have asked for a birth certificate copy - something that was already sent with the 485 app.



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  • makemygc
    08-03 10:43 PM
    Go to Home page and click on Press Room. You can see updates for Aug, July.

    What do you think..I would not have done that before posting that:)

    I still don't see it...hope its not my cache issue. Will clear it and try again.





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  • GCapplicant
    08-10 05:35 PM
    I think this person is just making fun.Whatever he is stating here cant be true just creating confusion-It cant be India.
    this is his first post too.



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  • gsvisu
    07-12 02:39 PM
    Some famous Indian Americans that I googled on. Will it be a good idea to approach / send them notes ?


    Politics
    ------
    Kumar P. Barve, State legislator and Majority Leader of the Maryland House of Delegates
    Satveer Chaudhary, state Senator in Minnesota.
    Toby Chaudhuri, Democratic communications strategist.
    Swati Dandekar, an Iowa State Representative
    Dinesh D'Souza, a conservative commentator and author
    Kris Kolluri, New Jersey Commissioner of Transportation.
    Upendra Chivukula, state legislator (New Jersey General Assembly); first Indian-American elected to the NJ legislature.
    Kamala Harris, District Attorney of San Francisco; first Indian-American elected as a D.A. in the United States. Her sister, Maya Harris, was made the Executive Director of the ACLU of Northern California in October 2006.
    Bobby Jindal, U.S. Congressman from Louisiana; former gubernatorial candidate; Republican.
    Raj Mukherji, New Jersey lobbyist and businessman.
    Vij Pawar, New Jersey attorney and former congressional candidate.
    Ramesh Ponnuru, contributing editor at the National Review, political commentator
    Dalip Singh Saund, the first Indian-American congressman, was a Democratic member of the U.S. House of Representatives from California
    S. R. Sidarth, Democratic campaign volunteer who sparked the George Allen "Macaca" incident.
    Shashi Tharoor, Undersecretary General for Communications and Public Information for the United Nations. Candidate for UN general secretary post
    Sanjay Puri, Chairman of USINPAC & USIBA
    Nikki Haley, South Carolina legislator
    Rachel Paulose first woman to become a U.S. Attorney in Minnesota, US Attorney for the District of Minnesota
    Sameer Kanal, Democratic National Convention 2004 delegate for Howard Dean from Washington.
    Dr. Joy Cherian Appointed by President Reagan to be first Asian and Indian American to head the Equal Employemnt Opportunity Commission (EEOC) in 1987





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  • peer123
    07-17 10:43 AM
    I am also in somewhat same situation. My Employer didnot pay me for one month and didnot provide paystubs for 4 months. ANy way I sucessfully joined a large corporation as they were willing to listen to my situation. When I ask for pay they say they will suit me as I have joined the client.

    I feel for you man, This is the main reason why left consulting with Desi firms long time ago. The act like parasites,... I am only referring to people who are so, I am not commenting on the large community of good employers....



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  • luvschocolates
    07-02 01:41 PM
    I just spoke to a service representative at USCIS in Jacksonville, Florida, and he explained that the I-797 cancellation notice will be identical to the original we received, except that it will say "Appointment Cancelled- No need to appear at ASC".
    I explained that I already knew that but I was confused that my notice stated right below "cancelled" that I was to appear anyway.
    He said that this is how they do it, but the appointment is definitely cancelled and we should receive reschedule notices in the next 2-4 weeks. I explained that I could not afford to miss this appointment so I needed to be 100% sure that it was cancelled instead of just assuming I didn't need to go.
    He said due to a system error all appointments from July 5-10 were cancelled and would be rescheduled. He was very reassuring that those of us who received the cancellation notice were not going to run into problems because of all the confusion.
    So I guess we sit back and wait some more huh?
    I just thought I should share that info since I know there are quite a few here who are in the same situation and since our future depends on this it's not worth missing anything.
    Hope that helps some! Happy 4th everyone!:o





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  • yabadaba
    04-23 09:03 AM
    u have to wait till ur 140 is approved...it will tell u which category uscis processed it under.



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  • rb_248
    10-19 04:58 PM
    Friends,

    If you want to use AC21 and are worried about matching job descriptions, you may do the following:

    Go to the SWA O'net site: O*NET Code Connector - Occupation Search (http://www.onetcodeconnector.org/find/result)

    Get the O'net code under which your application was filed from your attorney. Use the search option to find out the details of the job description listed under your O'net code. Write down the job duties of your future employment and see is your future job duties match the duties of your O'net code. If it matches 100% you are good. If not, see to what extent it matches.

    My job duties matched about 60-70%. I took the risk because I didn't have a choice. I was laid off.

    My understanding is that your future job duties should be compared to your O'net job duties and not to your current function at your current firm.

    I guess this information helps you to do your ground work before you talk to your attorney. Using AC 21 is a pretty significant decision and can be done very safely if you have a good attorney to guide you through.

    PM me if you have any further questions.





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  • ilikekilo
    09-18 06:02 PM
    hey thanks for your response, i appreciate it

    where di u file? and did u efile?



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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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  • vin13
    05-19 09:38 AM
    That is really an irony.. Mexican President have to meet The President to initate CIR. so what bout our incompetent do nothing puppet Indian Prime Minister? Probably he was the first honoured in the White house did he spoke about Immigration, EB-immigration in particular. As an Indian citizen NRI's we have every right to ask him.

    I read a poem by V.Sundaram about our incompetent do nothing PM of India (


    We have a ‘powerless’ Prime Minister
    Who often declares
    I know nothing about Spectrum Scam,
    I do nothing about Spectrum Scam,
    I do not know that I do nothing,
    I do not want to know,
    That I Know Nothing and Do Nothing,
    I do not want to know,
    That I do not want to do what I am not doing.

    Why should I know anything,
    When my supreme ‘Secular’ leader,
    Omnipotent Omnipresent Omniscient,
    Mother Superior Super Star
    Anoints everything,
    Announces everything,
    Applauds everything,
    Approves everything,
    Knows everything,
    Detects everything,
    Directs everything ,
    Does everything.
    For you and me and all
    Is she not EVERYTHING?
    Pleads the Prime Minion Blue Turban :(

    Why should Indian leader plead for your green card? This is a US immigration issue. US has to base its immigration based on its own interests. Don't get me wrong, even i am waiting for my Green Card. But i don't expect Indian Prime minister to work for my Green Card.

    As a Indian Citizen NRI you are talking about having the right to ask the Prime Minister. Tomorrow you are probably willing to take the US citizenship too. You cannot just look at your personal needs and expect Indian PM to help you become an American Citizen. All i am trying to say is don't bring down the Indian PM just for your need to get a GC.





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  • naidu
    04-04 12:43 PM
    Looks like some got email whose PD is after Feb 2008. Good for people like me.





    senthil
    02-06 05:20 PM
    all your points look ok to me. although it may differ for different prople.

    in my case - i have an EAD. but cant use it. i had to stay on H1B to make my spouse's stay valid which is H4. i see the following as a comparision. guys pl feel free to throw ur inputs.

    EAD
    - ability to switch jobs as nessary - you decide
    - AP to easy your life when you want to fly out and come back
    ( no hassle stamping tention etc, but comes with yearly price )
    - of couse the important thing is your spouse can work
    - need to stick with same designation

    H1B:
    - no hassles if you are within 6 year period. everything starts when its about to expire and you jump into GC train
    [ you have to jump if you decide to stay more than 6 years. no option here, i guess ]

    - same as EAD jumping jobs is easy, also can climb up the ladder
    - if above 6 year limit and I-140 not approved, you get only yearly exentions

    thanks.





    nousername
    06-01 01:50 PM
    Pay stub is secondary .. In the given market getting an offer letter should be your priority. Once you have an offer letter (job) you can apply for your H1 transfer. Worst case USCIS will ask you to go back to your home country and re-enter with a fresh I-94 BUT all this will only happen is you have a new offer.

    You said you are here with your family. I do not know your financial condition but it all depends upon how long you can sustain without a job and what risk level you can take with your family. BTW, you have been out of status for 4 months.. so do whatever you want but quickly.

    Thanks once again for your reply.

    I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :

    - no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.

    Thanks again for your time and advise.



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