Tuesday, June 14, 2011

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  • gcformeornot
    10-12 02:25 PM
    you need to get paid all the time. Even during maternity leave. Not getting paid is voilation of status and violation of employer-employee relationship.





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  • Hello_Hello
    01-04 06:52 PM
    This is how they could have replied. They should have started a 10 Rs. Education cess on every McDonald burger sold and every Pepsi/Coke bottle sold and every pizza sold by pizza hut & Dominos. This is barely anything, as it is only what we see on the surface, other big corporation like Walmart and several defense contractors are also operating freely and feeling home. Indian govt. should start taxing them..
    America teaches Swadeshi when it comes to America & Videshi when in Videsh, it is hypocrisy..





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  • WFGC2006
    02-15 10:53 AM
    has anyone heard about the following? don't quite know where it is originally coming from. it's from here (http://www.greencardapply.com/news/news09/news09_0210.htm)

    2/10/2009

    When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.

    Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.

    The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.





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  • salthepal
    10-29 04:53 PM
    No point worrying over past. Go ahed and file a AR11 ASAP to make sure from now on USCIS has your updated address. In case in future this becomes an issue then contact a lawyer and try to resolve it.

    I am in the same situation. I moved twice. Should I file 2 Ar-11's now? or only one? If only one, should I put my previous address as the one that I didn't file an Ar-11 for?



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  • nk2006
    10-02 02:07 PM
    That's a bit too sensational thread title for something that happened in 2006.
    That too he was trying to connect to the questioner and made a minor gaffe (which he is famous for). His office later said he admired the growing Indian-American community in the state of Delaware and was talking about how new families were benefiting the local economy by taking over small businesses.

    As I drive thru Delaware I do noticed the number of DunkinDonuts owned/operated by Indian Americans - which is quite good and I actually felt proud of that - its not just cool high-tech companies that help a state's economy - it includes everything, and a DunkinDonut owner is an entrepreneur as well.





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  • h1b_professional
    08-17 09:17 AM
    Its Aug 17! even though most of us do not have receipt yet, we can forget about refiling



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  • puskeygadha
    06-02 09:22 PM
    somehow they have to talk to DOL
    morons..

    but one out of many attorneys may have screwed up..why is everyone
    being audited???





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  • madan
    01-11 01:17 PM
    Can you please help me to get the form .

    Can i complete that and send to USCIS?

    Thank You...



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  • Indiaxyz
    03-27 05:41 PM
    Hi iyera,

    As per my immig. atty it takes between 2-3 months for the h1 to h4 processing. Unfortunately there is no premium processing for h4 unless you piggy back it with an h1 processing. Hope this helps.





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  • Asian
    08-22 01:02 PM
    I think it still helps. Skil bill is the best bet and method we got so far. However, it seems to me we are underestimating it. We need to put more concentrated and focused effort on it.

    See page 3 on this:
    http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf

    If per country limit of 7% stays, how much relief would it bring in terms of
    priority dates for India/China born individuals?

    I do not think there shall be any significant positive movement in Priority dates. Even if annual numbers go to 290K from 140K and dependents are excluded. It is about 4 times meaning if earlier we had 10K for India including sposes meaning 5K effectively, now it will be appx 20K effectively!

    Think of number of applicants from India and China and think of the flood coming when all backlog is cleared! I dont think we should expect big jump in priority dates.

    Am I getting too pessimistic?



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  • waitforevergc
    09-03 06:51 PM
    I filed my H1 extension and it took 75 days to get it approved. Regular and not premium.

    Got 3 yr extension with approved i-140.

    If you do premium, you will know the decision in 15 days.





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  • =guinness=
    04-04 07:21 AM
    uh i may be new but isn't ivyleaf's just a rip of a blizzard file, where the background is a little more impressive than the phrase thats all reflected?



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  • prasadn
    07-14 07:30 PM
    Can someone please confirm the renewal fee required for EAD application (I-765).

    My I-485 receipt date is Aug 2, 2007., notice date Sep '07.
    However, my AOS application was filed under the old fee structure ($395) pursuant to July 2007 bulletin.

    My company's attorney has submitted the application without fee, and USCIS has issued a receipt notice...i.e., they have not rejected the application.

    In 2008, I paid the renewal fee when I applied on my own.

    My understanding is that fee is required as per I-765 form instructions (page 7). My EAD is expiring mid of August and have been waiting, but not sure what to do

    1. Is there a chance that my EAD application will be approved without fee ?

    2. Should I just send checks and write cover letter on why fee is required ?

    3. Should I send another application, but this time with the fee ?

    Should I

    From my understanding, if you filed for AOS after August 17th, 2007, you fall under the new fee structure and you don't have to pay AP/EAD renewal fees. Otherwise, you will have to. If I were you I would re-submit the application with the proper fees rather than waiting for USCIS to sit on the application for a few weeks and reject it.

    Thanks
    Prasad





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  • anda007
    10-30 12:11 PM
    I live in the Denver-Colorado Area and myself and lot of my other friends went to the USCIS office at 8AM on a saturday, one before the schduled appointment
    They made us wait for about 30 minutes extra, till they could finish the current filers
    After that we were called and had our fingerprinting done

    I would suggest, go there over the weekend and get it done with



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  • ashish3
    10-30 04:33 PM
    Update to my case. Submitted Originally on July 2nd for I-140/I-1485. USCIS Sent back everything on Aug�28 stating Original Labor missing. Attorney sent back the case on Sep 11th with a cover letter that the labor could be requested by USCIS to DOL. The copy of ETA9089 & certified online copy was attached with the original case. I was hoping that they will accept the case this time as I have seen similar cases where they accept the case and issue RFE at a later date. Attorney also mentioned that he got receipts for similar cases like this.

    Today- USCIS returned back the application (both I-140 & I-1485) with the letter saying that the dates are not current even though the date stamped was July 2nd on the case. I talked to attorney and he is planning to send the case back to them giving examples on the similar cases and putting a strong cover letter. The final plan of action still needs to be finalized. Looks like I am the unlucky one presently from the batch of 400 K applications. I don�t know how to express my pain, agony frustration I have gone through the last 4 months. I don�t have words to express myself but just feel so terribly sad and disappointed from this whole process I have been going through... I am also planning to contact the local senators /congressman and sought their help & attention.





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  • ganguteli
    04-08 12:12 PM
    This question put me to shame. We are trying to become US citizens and we do not even know Havaii is a US state.



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  • eb3_nepa
    02-18 10:06 AM
    Hello everyone,

    I know this topic is taboo and probably raised eleswhere, but I couldn't help wonder one thing.

    The BECs have shut down and no more LCs are pending. Also labour substitution is not allowed anymore. So does that not mean that from this point onwards we should NEVER see the priority dates retrogress any further? I mean isint that logical or am I missing something major? Until now, the pending LCs in the BECs were hanging like a sword over our heads, but now that problem is gone (i know a lot of people have suffered over the years for the same and I respect that).

    I guess my question is: Is there ANY possible reason for the PDs for any country to further retrogress?





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  • Desichakit
    09-14 08:04 AM
    Till now EB2 India has much to cover till 2006 and then it will move fast. Also it seems very few People actually filed for EB2 after 2006 knowing the wait. Though we have aroun 24000 Perm for India (EB2/EB3) combined for 2007. Needless to say that USCIS data is very much required for Predicting Priority dates accurately





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  • madan
    01-11 11:05 AM
    Thank You...

    If my new wife arrives to US on H4 , can i start using EAD? Is this possible for me to be on EAD and my Wife on H4? Please advise.





    Jaime
    02-03 04:56 PM
    Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.

    1- Approximate PERM processing times (from filing time) for EB2
    The time it takes to file your paper work depends on the lawyer and company.

    The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.

    2- Approximate I-485 and I-140 processing times from filing date for EB2
    For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
    For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

    3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2

    There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.

    If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.

    If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.

    So the answer is, it depends.

    4- Are I-140 and I-485 still being filed concurrently?

    Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.

    Hope this helps!

    Thanks! And no, I have not gotten my green card, not even close!!

    However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?





    jiraprapaasa
    04-13 11:40 AM
    My 4 yr old niece went in person for the visa along with an adult of course.

    What document does my niece need to bring to the embassy?
    So far she has I-20, SEVIS fee receipt, MRV receipt from post office, school letter, passport, photo 2x2, her address in US, her father statement and book account.

    Will consulate officer interview her or her mother who will be going with her?
    She is 12 going to be 13 in May does she need a letter from her parent permission to go study abroad.

    Can she say that she has her aunt which is me in the US where she will be staying with (We have the same last name) or should she say that she live in a hosted family in the US where school provided.

    Her GPA is 4.0 from her 6th grade. Her father statement is good. Is there any how that she will get deny for her student visa.



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