Friday, June 17, 2011

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  • gc28262
    07-11 02:53 PM
    My last EAD renewal was processed very fast from TSC

    Applied: 10/22
    Card Production Ordered: 11/12




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  • BharatPremi
    07-12 04:34 PM
    I believe the only reason EB visa numbers have gone unused in recent years is due to the the inability of FBI in completing namecheck/background check in a timely FIFO fashion. As a result USCIS is unable to approve pending I485s even when the visa numbers are available. This also keeps the VISA BULLETIN doors closed for new I485s.

    This (besides labor backlog) spoils the FIFO for GCs.

    Fixing FBI security check process will end such visa bulletin fiasco. I believe in recent year or two USCIS has processed various applications (including I485) in a very timely fashion (ofcourse there are exceptions). But many I485s get stuck in the security check bottleneck. Since, visa number is assigned at the approval time the whole FIFO goes to hell.

    DOS should be issuing VISA BULLETIN based on pending approvable I485 (meaning security check complete) and fiscal year visa availability. If former is smaller than latter then bulletin dates should move forward based on approved I140s which have not applied for AOS. This is not rocket science but simple math which is lost on DOS, USCIS & FBI.

    However, fixing FBI security checks (timely completion) will restore FIFO once labor backlog is gone.

    FBI delays is the prime reason for this fiasco.

    BTW my AOS is pending due to indefinite background check delay.

    It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?

    Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...




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  • kicca
    01-25 10:49 AM
    ^^^




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  • 123456mg
    07-20 03:32 AM
    Immigration attorneys normally send more than required documents to avoid getting RFEs later on. In this case, the reason people send W-2s (though it is not mandated) and tax returns is to show that you were working and were making approximately equal amount that was mentioned on you H-1B LCA.

    Asking for W-2 or tax returns are within the powers of AOS adjudicator and s/he can raise an RFE for such "discretionary evidence".

    The tax returns prove that you did not have any other source of income (that directly contradicts your H-1B compliance) and thus you were not employed on another part-time job or any other business of that fashion and complied to the terms of H-1B rules.

    There are various factors to consider here:

    1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do. Also, if you had any other form(s) of income (like some people use to make money in day trading and that forms their additional income), it will be wiser not to send your income tax returns and create additonal issues.

    2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 and income tax statements from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.



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  • sr123
    02-11 10:13 AM
    As per my understanding, the retrogression problem is due to the lack of suffucient number of visas.This number is specified by the law. Now that is what needs fixing and that has come from legislation from congress(and last I heard courts should not and cannot legislate.)

    Courts or judiciary comes in only when the law is not being implemented correctly. So even if the law is lacking in some way the courts have to go by the law. The only cases where courts strike down laws are when they are against the basic structure of the constitution.

    So what we need to find out is whether an existing law is being violated, then we have a case otherwise not. I dont think USCIS is violating a law. If anyone else finds information about any violation then we can pursue law suit option.




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  • techbuyer77
    07-20 07:13 AM
    lawyer sent 3 tax returns no paystubs



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  • desi3933
    05-15 04:10 PM
    In this circumstance it is fine to file an H-1 petition while the L-1B appeal is pending.

    He is out of status right now. Won't that impact H-1B Change of Status? He may get COS without I-94 attached and that may require him to travel outside USA to get visa stamp.

    My understanding is that beneficiary must be in-status at the time of filing for change of status.

    Thanks!




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  • Suvendra
    01-10 10:59 PM
    Hello,

    wanted to know, what happens to employees of Vision Systems Group and its sister company's employees immigration status. as every one know VSGINC has allegations from USCIS on immigration fraud and H-1B.

    Employees like me no where related to there fraud. how USCIS reacts on employees pending 485?. Most of the employees are moved out using AC21.



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  • seetheavatar
    10-15 03:33 PM
    Don't worry guys.If you have received a mail saying that your GC is posted and if it is more than 30 days you can contact the customer service and create a service request.
    You will get your card within 30 days.

    If it was sent to a different address it would be returned to USCIS and you will be getting a mail saying that your GC was returned.
    For this case also you have to create a service request and you will get your card within 30 days.




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  • bsbawa10
    08-21 10:23 AM
    You must ask the badge number and note down the time of each call. Then file a complaint if you are not satisfied with the customer service experience.

    Once we have a proof of hundreds of such written complaints, IV can also follow up. We need people to file 'written' complaints in order to help improve the service.

    I do not have any ID (She spoke that too quickly) but I know the time (8 am cst) and I am prepared to give the written complaint.



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  • vxg
    09-08 04:50 PM
    Thanks for starting this. I am in same boat, i called TSC and the IO told me my case was approved on 9/4/09 and i have an LUD on 9/4/09 however online status says case pending. I asked that to the IO and she says she does not know about the online status but in there system it is approved. I did that after i received a call from an IO from local field office ( i went for Infopass last week at local office) informing that my and my wife's cases were approved on 9/4/09.
    I am hoping to get the cards as have to travel to India next week. The IO in Texas advised me to get the Passport stamped.

    Bump! Anyone in same situation? What steps you took if any?




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  • Ann Ruben
    03-08 07:10 AM
    Hi Prem,

    Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?



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  • Curious_Techie
    09-30 12:42 PM
    Does the online status change if an RFE is issued? or we just receive the RFE via Postal mail ?




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  • ilikekilo
    04-19 05:21 PM
    Hi Folks,

    My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
    I would appreciate any pointers or suggestions here.


    try this

    not sure what your situation is with credit cards, I mean, what is the amount of credit limit you ahve.

    watch out for the offes inthe mail for LIFE TIME balance transfers. generally you could call them and negotiate the APR they offer, based on my experience.

    BUt keep in mind, b4 U jump in to all this banks here CAN rescind the offer anytime for any reason (when you are late even one month, etc) although there was a law that has passed recently by Obamas administration that they gave more protection to consumers.

    lastly crunch some numbers, i know 13 % is high but at the same time its in Rupees Vs Dollars, so do some number crunching of intersest payment in dollards Vs rupees...good luck



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  • furiouspride
    08-13 08:18 PM
    I have heard for short term consulting projects, they are supposed to provide the duration of a project and say, it is for 3 months, h1 gets approved for 3 months

    Next project, get a new h1, so, if you add that up, they can collect 600 Mil
    and the client will most likely go belly up :D




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  • jediknight
    07-26 09:59 AM
    Good advice with different viewpoints.

    My advice is "Look for a good mentors" with who you can discuss your situation in detail.

    My preference is
    Family
    GC
    Career

    This works better in the long term :-)

    - JK



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  • mbartosik
    11-09 05:27 PM
    http://news.google.com/news?hl=en&ned=us&q=bapio&btnG=Search+News

    http://timesofindia.indiatimes.com/Indian_docs_win_legal_battle_in_UK/articleshow/2530784.cms

    Good for them!




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  • kirupa
    03-31 01:56 PM
    I e-mailed my colleague (http://blog.sunnypixels.com/) who worked on this, and she suggested checking the PDF compatibility button before exporting. Does your file have that option?

    Thanks,
    Kirupa :)




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  • sheela
    09-23 05:45 PM
    [QUOTE=adobe howm;2923

    "not sure how to give you my green though" .[/QUOTE]

    when you are logged-on right top of every post you see a 'bunch' of grapes hit the bunch with cursor a dialog box opens up with approve/ disapprove . When you approve with comments-poster gets green= simple. now do some practice starting my posting :D




    vxg
    01-02 09:35 AM
    I asked the same question to my attorney as last time my wife was stuck in name check in H-4 stamping. This time she was on H-1 and I asked the attorney that if she goes for H-1 and H-1 get's delayed or denied can she use AP without affecting the GC and his answer was Yes. The AP should have an approval date before she left the country i.e. AP should be approved while she was in US.
    Happy New Year!

    My new year begins with another immigration issue..need some urgent advice.

    My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.

    My wife has an Advance Parole document and EAD based on my I-485 application.

    Can you suggest options for her?

    1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?

    2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?

    3. Any other options/advice?




    fcres
    12-10 02:40 PM
    What matters is a permanenet job offer letter and duties should match the
    labor.

    Rajesh Alex


    rajeshalex: Where does it say job duties should match? I was under the understanding that the occupational classification should be same/similar.



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