Monday, August 15, 2011

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  • DesiPardesi
    07-13 04:25 PM
    Done. Forwarded to other affected friends.

    Wondering why IV has 4000 members while signatures are only 1327.

    I believe your spouse can sign too because she is affected with this VB fiasco as well.





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  • GCOP
    09-24 11:49 AM
    This was just a proposal for EB visa Recapture First and then FB Visa Recapture, as nothing is passing in the current form of the bill. I think we have discussed this proposal enough, Please Close this thread.





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  • roseball
    04-04 02:32 PM
    Thank you very much for your response. Yes we have received a 3yr extension (approval notice). in that case, I am assuming that we would have to go to the US embassy overseas to get H1B and H4 stamped on the passport opon returning back to the usa?

    Yes, you will have to go to the US embassy for Visa stamping and use it to re-enter US whenever you travel overseas the next time. Btw, I am assuming you got your H1 extension approval with a I-94 attached. If not, you will have to leave the US immediately and get a visa stamp and re-enter on H1 in order to maintain a valid H1 status and continue to work legally. If you got an I-94 attached with H1 extension approval, then you can continue to stay/work in US as long as your H1 extension is valid. You don't need a VISA stamp unless you travel overseas.





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  • dexter
    12-16 01:37 PM
    Hi All,

    My perm application was denied and the resson for denial is -
    "The newspaper used by the employer to advertise the job opportunity per the mandatory recruitment step provisions is not a newspaper of general circulation in the area of intended employment which has a Sunday circulation"

    Once we received the denial, the attorney found out that he made a mistake in the perm application and the news paper mentioned in the perm application was not the news paper in which the advertisement was placed. Now they are filing an appeal to reverse the certifying officers decision. Also the news paper mentioned the perm application is a valid news paper for the area of intended employment. The attorney is submitting evidence to the same.

    As I am in the 6th year of my H1b, what are my options? I was out of the country for 88 days in the last 5 years and can use it for H1B recapture.

    Would it make sense for me to ask my employer to file for a new perm application or should I wait for the appeal's decision.

    Thank you your help.



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  • carbon
    12-30 08:15 PM
    Hi,

    I just got my 2nd 3 year extension (Nov 2006 to Nov 2009) on my H1B after completing six years.

    My PD is June 2005 and I-140 approved on July 2006. I am thinking of
    changing my job. I am puzzling about the following questions:

    1. Can I change the job and use my 3 year extension for the next job?
    2. Can I keep my PD of June 2005 if my current employer doesn't revoke
    my I-140 ?
    3. If I apply for GC again with new employer and get my I-140 approved , can
    I keep getting 3 year extensions on that job ?

    PLEASE HELP!.

    Thank you,





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  • vallabhu
    08-08 10:15 AM
    When did you file I-140 at TX? RFE could be for documents about ability to pay.


    Feb 8th 2007.



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  • ivar
    01-21 04:23 PM
    WITHDRAWAL

    Question: How can a pending application filed under PERM be withdrawn?


    If the application was filed on-line, the application can be withdrawn by accessing the account wherein the application was filed and simply marking the appropriate box.


    If the application was filed by mail, a withdrawal request, in writing, must be sent to the National Processing Center to which the application was originally submitted.


    Question: Must the employer wait to receive confirmation of withdrawal from a Backlog Elimination Center (BEC) prior to refiling an application?


    No, the employer does not need to wait to receive confirmation of withdrawal prior to refiling an application.

    Source: http://usavisanow.com/perm-faq-4.html
    (I think the same rule should apply for PERM and appealed case)

    EDIT: Sorry the following information seems to suggest otherwise.
    http://www.visapro.com/Immigration-News/?a=377&z=12



    Sathweb,

    Thank you for your reply. I just checked the links you have provided and i understand that i need to wait for DOL to first withdraw my PERM application before filing a new perm. I am not sure how long i have to wait and its frustrating. I was just checking if some one is there in the same boat as me. I have been on and off this green card train through out my stay in US.

    Applied for 1st PERM in Mar2006
    Got my PERM approved in Nov 2006
    Quit my first employer (DESI) for all the troubles he was giving me inspite of having my labour approved.
    Joined new company in Mar07
    Than followed the July 07 fiasco and missed my bus
    New employer filed for PERM in JUN/JUL 07
    Got Audit, Sent Audit reply, Got Denied
    Re appealed against my wishes.
    Ran all the ad campaign and GC process again.
    AFter all this now waiting for earlier PERM TO be withdrawn..

    Folks, everybody here on this forums have a painful Green card story. Some are lucky but most of us are not. I have read on IV forums that people are waiting for 8,9 years still to get there GC so i totally understand. The worst part is i missed the July 07 fiasco.





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  • hebbar77
    09-16 12:25 PM
    I am not sure if there is a law that requires us to stay with the GC employer after getting GC. However, many lawyers have suggested a general rule of thumb of at least 6 months after getting GC approval.

    However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....


    I heard it is 6 months from many sources(no-attorney ). The rule is you should have had genuine intention of working for sponsoring employer after GC. Eg , if you switch in a week after GC, it is obvious you did not have such intention....
    6 months is long enough for me if I were to switch. But of course you need to have something better than current thing to switch!!
    Also have a genuine unforseen reason due to which you need to leave your sponsoring GC employer.

    Note : I am not a attorney...



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  • jsb
    09-05 10:06 PM
    Today employer sent mail checks cashed.waiting for receipts.

    Jul 2nd Received by J Barrett at 10:25 AM at NSC

    My I-140 was approved from TSC in Feb 2007
    My PD is Jun 2003; EB2-India

    Just curious, why didn't you file in June 07? Your PD was current then? You would have been way ahead had you filed in June.





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  • gapala
    06-04 01:08 PM
    Guys, there is nothing to be excited about for EB folks in this bill.. This appears to help FB folks and in the name of re-union, which is a good thing ofcourse but, for us.. If I read between the lines, I have a bad feeling... Are they trying to re-capture the EB wasted visa numbers along with FB wasted and allocate all those to FB folks? :confused:

    Let the EB folks live this same life?

    God knows...



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  • sriwaitingforgc
    06-05 10:17 AM
    "Unless you *are* a US citizen, you must choose the second option."

    I think you have not read my question clearly. I suggest you read it before answering. I have not seen where the USCIS website asks for pending case numbers if we choose second option. I hope someone who has done this online can shed some light on this.

    SK.
    .





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  • RandyK
    02-16 04:57 PM
    Where can I get this? Local Library ?



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  • speddi
    09-13 06:35 PM
    BUMP

    Someone please give me the address where I need to send the documents if I am sending through FedEx/UPS?

    Thank you





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  • mbawa2574
    07-07 08:27 PM
    You can draw any conclusion you want. I have no reason to convince or explain you anything. Your website membership since 2006 will not deter us from taking action if we see you harm the objective of the organization, we will ban you without a doubt.

    IV is a democratic organization with well defined structure and electorate. We have no reason to explain anything to someone who wants to work against the organization instead of work with the organization.

    Consider this as a final note of caution.

    All the best

    So members have all rights to challenge ur actions.



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  • gcboy442
    08-26 10:28 AM
    Clockwork : Yes I am talking about LUD on approved
    I-140. Even I have the same date, so I was just curious. Good to know that yours is cleared. Mine may be next week....





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  • chint001
    11-27 11:19 PM
    I don't have an answer to your question, but it seems a Cognovit Promisory Note could exist only between a creditor and debtor, not between an employer and employee.

    I am really surprised your employer went to this circuitous way to bond you for your employment obligation. Do take your note's language and consult a good attorney. This is some uncharted territory. Shows how creative these unscrupulous employers are. Still you may have a way out, if you can prove it is employment obligation related.

    I thought the same thing but then I researched some more and I found out that this kind of notes basically gives the holder the power to go to court and get (easily), a court order to retrieve the owned amount from the other party's account. It generally applies to a Creditor Debtor relationship, but doesnt end there. ( i may be wrong ).

    Dont be surprised, the guys is covering all corners, so that in no way he gets in trouble. it just instates that fact he's good, which somehow doesnt work in my favour.
    I guess you are right, attorney is the best way to go about it.
    will post my out come here soon.
    Till then please post your comments or views here.

    Appreciate the responses!



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  • Winner
    06-09 12:40 PM
    Welcome Ron Hira.
    I know, you are strict opponent of Employment base immigration. I know, your basic concern for the abuse of H1B system by some people but don't you think huge backlog for Employment based green card is a genuine problem to address separately. Why are you covering H1B abuse issue with Employment based green card? A person born in Indian get more than 10 years to get GC and same caliber person born few miles away in Pakistan or Bangladesh get GC in 1 year!!! Both person have same look, same culture, speak same language. Is it cultural diversity??
    Lets have some negotiation fix genuine loophole in H1B system to prevent abuse and address genuine problem of Employment based GC backlog. If we keep fighting, neither one is going to be fix. Please have your thought.

    This not the real Ron-the-Loser, it's Ron-the-impersonator. But you do have a good point.





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  • gtg506p
    03-09 09:19 AM
    Dear All,
    My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
    We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
    We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
    Amar





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  • gc_chahiye
    08-26 11:22 PM
    gc_chahiye: Thanks for the technical advice. I'll check with my attorney tomorrow. You said 30 odd days. That is more or less 60 days, and it's more than enough.

    for an appeal they will tell you in the denial notice how much time you have. For a motion-to-reconsider/reopen the deadline is typically 30 days. Again, confirm everything with attorney, and keep them on their toes (check status with them every couple of days).

    I think you will receive the RFE on time (its only been 8 days since the USCIS note about the RFE, it does take upto 2 weeks for attorneys to receive it).
    All the best!





    sweet23guyin
    04-23 01:31 PM
    You aint getting any information or clarification on this buddy. Everyone says it is a gray area. I am getting gray hair trying to get clarification for this gray area :)

    Something so simple cannot be clarified, this is pathetic state of our being. Cant get a head start on business or even think about doing anything out of the box. Depressing!!!


    I was in dilemma just like every one; keep postponing things right from the day I got EAD(2years passed).
    Since I am on employment with H1b/GC sponsoring employer full time, I did not see a problem starting a company on my spouse name and start working part time as Corp to corp relation.
    My feeling is, even if my status changed to EAD ( I don't know how to inform USCIS or USCIS know if I work for my spouse single member company), what will be the impact? RFE's for the next 3-5years? In such scenarios H1b/GC employer will any way ans those calls.

    Though, I don't have any proof/idea of what the status I am/will be in using EAD as part time. I simply took the plunge with my gut feeling and economy situation.
    If there is a chance or idea you want to put forth with your own company, there is no good time than today!

    Good luck and let us know.





    absaarkhan
    06-02 04:08 PM
    I am Confused Too -- Why Are People Sending DL and Passport Copies.
    It Clear Says do NOT send any Identification Copies Unless requested by USCIS


    In case of E-Filing the EAD ,
    1) I didnot understand why we have to send copy of DL and Passport photo page. The confirmation reciept clearly says "DO NOT mail photos or copies of identification unless requested to do so by USCIS."
    Do you guys think, we have to send these two copies? I am confused now. Could you guys please advise.

    2) Also when E-filing for myself and spouse, Is it ok, If I send both of our supporting documents in one package ? or is it better to send them separately.



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