Sunday, June 26, 2011

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  • deepakmathew
    03-25 11:05 PM
    Dec 03,2007 Still waiting





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  • pd052009
    03-31 11:57 AM
    Done





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  • breddy2000
    02-02 09:24 AM
    We applied for H1B transfer on Jan/02/09 (California Service Center - Premimum) and attached pay stub and employement offer letter. First time we did not attach any contract details.

    We got an RFE on Jan/09/09, Basically they wanted to know whether i am working on project currently. They are asking to submit contract agreements, client details (client letter - not sure it is must or not).

    There are 2 layers between client and my employer and could not get client letter. However, I can provide the following docs,

    1. Contract Agreement Between Employer and First Layer
    2. Contract Agreement Between First and Primary Vendor
    3. Letter from Primary Vendor (stating that i am working their client project).
    4. Primary Vendor Invoices to Client
    5. Time Sheet (Client approval)
    6. Access Card
    7. Work site Photo
    8. Copy of Client WO (end date is 11/21/2008) - client with PO amount and end date is doest not matter... (i am not sure how is uscis will take it).


    I could not able to client letter due to their policy. What do you guys think on this case approval. Any reply is highly appriciated..

    thanks


    I think first 4 should be enough to respond to the RFE.

    1. Contract Agreement Between Employer and First Layer
    2. Contract Agreement Between First and Primary Vendor
    3. Letter from Primary Vendor (stating that i am working their client project).
    4. Primary Vendor Invoices to Client

    You just need to prove that you worked for that particular client during your H1 period.
    Even though asked for it, I did not provide any contract details between Primary Vendor and Client and it was mentioned by my attorney that they do not have such policies.

    Not sure whether you have an attorney or not, but make sure you go through them
    Hope this helps





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  • indianindian2006
    07-09 01:22 PM
    After listening to both the shows, this week as well as last week, I am wondering if it was worth the effort for IV to participate in Debo Kotun's show. Here is my personal comments about the participants and the shows.

    Debo Kutan: He did a pathetic job in moderating the shows. He not only spent about 25 minutes talking about his future shows(prior to beginning of today's show), but also repeating the same information from last week and pretty much asking the same questions. He was more interested in talking about his immigration decades ago and how he got his GC in one day, blah blah blah...Also, he mentioned that he was going to get Sen Kennedy & Sen Brownback to participate in today's show..but that was probably some publicity talk to draw more listener's to his show.He repeatedly questioned us to go back to our countries and solve our own problems and as well as theirs rather than trying to understand the root cause of the current situation. He turned out to be very ignorant of the immigration woes and did not seem like he had done any research prior to conducting his shows.

    Swadha: She did a good job of explaining her situation and the difficulties she was facing due to the retrogression despite her excellent credentials and qualifications. Thanks to Swadha for her efforts in explaining her current situation due to retrogression.

    Carl Shusterman: As popular,qualified and expert he is in the field of immigration, he just turned out to be very ignorant of the ground reality. I was as surprised as Swadha, when he mentioned that people with advanced degrees can get their GC's in a year. Despite having 2 advanced degree's I am still waiting for more than 3 years to be able to apply for I-485. The people most affected by this retrogression are citizens of India and China, not someone from Monaco or Namibia. He was more interested in promoting his Immigration firm and his website. Wish he had been more vocal in explaining the broken immigration system, rather than gaining some publicity for his firm.

    Stuart Anderson: He did an excellent job explaining his research studies and how the current immigration laws are affecting the economy and its long term impact, if the immigration system is not rectified soon. Thanks to Stuart for his expert comments and explaining our situation in a wonderful manner.

    Rajeev Khanna: He did a good job in the last weeks show, explaining our situation and the broken immigration system. Unfortunately, due to Mr. Kutan's terrible job of moderating, he did not provide much opportunity for Rajeev to speak this week. Thanks to Rajeev for fighting for our cause.

    Aman Kapoor: He did a commendable job last week, explaining about IV and its efforts. But due to lack of Mr. Kutans moderating skills, he did not get much time to talk today. Thanks to Aman for organizing and providing an opportunity for IV to discuss about the legal angle of immigration reforms and the difficulties faced by people like us.

    Jay Pradhan: Due to technical difficulties, Mr. Kutan could not include him in last week's program, but he did provide him an opportunity this week and explain his case. Jay did an excellent work explaining his situation, current backlogs and also answering some of Mr. Kutan's questions in a very logical manner, like the way only he can do. I wish Mr. Kutan had given more opportunity for Jay to talk and explain the broken immigration system. Excellent job Jay. Hope you get more opportunities like these to discuss about our situation and shed more light to the general public.

    Overall, it was some decent publicity for the problems faced by legal immigrant community, though I wonder if it was worth the efforts due to the pathetic job of Mr. Debo Kutan. Hope we can get to participate on more knowledgable/popular talk shows and showcase our problems.


    Carl Shusterman was misleading when he said that Indian with Masters could get a green card in 1 year and then he corrected that to 2 years.He should see the plight of so many people here.



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  • msyedy
    05-30 03:25 PM
    I just don't understand one basic question.

    Congress is trying to pardon 12 million illegals as a one time measure and give them Green Cards. (OK - Very good)

    On the other hand we are about half a million who entered the country legally and helping the U.S. economy and paying taxes. Why don't they consider giving all of us Green Cards as a one time measure too ?????

    We the legals... pay taxes, contribute to this economy by spending earned money here in the US, abide by the rules, carry medical insurance.

    We keep doing this, till we get our green cards or till we permanently leave this country. It is a win - win situation.

    The strict H1-B rules that are added to this Senate bill will be removed or some work around will be sorted out or else the US economy will go down.

    The question now is how confident we are that they will get an amendment to give us some EB visa relief.
    The high tech employers have a problem with the new merit based system which is going to take away the reins of holding an employee from them. Employers of other industries have raised their concern against this new system which gives more points to degrees and not skill. This system is also causing a lot of concern among the familiy members here.This system will take a lot of time to kick in.

    1) The tech lobbyist can add pressure to give relief to current members in backlog so that they can hire them soon. They know that many skilled people are stuck with their companies because they can't switch due to the GC process.
    2) Can add pressure by saying that they need us now and not after 5 years when we get our GC.
    3) We need to force them to understand that they should give relief to legals too when they are doing a lot for the illegals.

    That is all I think can be possible.





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  • vladdrac
    06-01 03:52 PM
    Id imagind there would be hundreds of steps you would have to write as well



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  • glus
    01-25 08:12 AM
    You have already violated your F1 status. You can not have a company apply for PERM & i140 while on F1 status, period. All that stuff of "it�s for a future position" or "you did not authorize the company to apply for I 140" is B.S. The only thing that matters is that F1 is not a dual intent visa, and initiating a immigrant process in your name (yes the PERM and I140 applications have your name on it meaning you authorized it) means you violated F1 status. You need to consult an attorney before you file for H1.


    Your answer is incorrect as far as I know. Please do a little research before giving such answers.

    G





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  • go_gc_way
    08-29 01:14 PM
    IV Members from Dallas can help with this.

    Comments from IV?



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  • gc_chahiye
    12-04 12:57 AM
    gc_chahiye, Thanks for your response. So, can I be on H1 with my current employer, A, and on EAD with my new employer, B, simultaneously?

    Also, employer B might be able to start me on H1-B (my preference--just in case)--though as you said, B will have petition my new H1 for concurrent filing. My other option, of course, is to wait until Feb '08--though I'll miss out on a month's salary from B (not a biggie in order to not have any potential issues).

    There are a few lawyers who say this is possible, but the majority consensus is that using EAD with even one employer invalidates your H1.

    Dont worry about a months salary at this point. If you want to maintain H1, try to delay the H1 transfer a bit so that you complete as much of 180 days as possible with your current employer.





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  • va_labor2002
    05-24 01:04 PM
    Just sent the Web fax. Keep up the good work team IV

    Just sent Web fax 15



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  • Blog Feeds
    01-26 09:00 AM
    Think that the Democrats and Republicans in Congress will never be able to agree about immigration policy? Better think again! When I started working as an immigration attorney, Jerry Ford was the President of the United States. Over the past 35 years, I have seen the two parties unite to pass dozens of immigration laws. Yes, I know the parties are so divided on the issue of what to do about the 12 million illegal immigrants in the U.S. that they couldn't even get together a few weeks ago to pass the DREAM Act. However, when it comes to reforming...

    More... (http://blogs.ilw.com/carlshusterman/2011/01/55000-green-cards-for-employment-based-immigrants.html)





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  • qualified_trash
    10-09 09:21 AM
    We are talking two different things here. You are saying about AC-21. The OP is asking about retaining PD. The way you can retain your PD after I-140 approval is :-

    You file a new labor with the new employer - once it is approved - you need to file a new I-140 application and attach the old approved application with it - this would ensure that your PD will become the PD from the old case.

    Difference with AC21 is - in the case of AC21, you just switch jobs and your current GC process continues - you do not have to file a new labor,140 etc.
    thanks dilbert_cal!!



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  • mayitbesoon
    07-07 06:07 PM
    Anyone who had good knowledge of AC21 same/similar, please reply.
    My original labor has an annual salary of 50,000. My current salary is 95,000. I got an RFE to provide EVL. My job duties are mostly similar to that of the original labor. However job title is different.

    is this a problem? My attorney is saying the salary differenence will cause an issue. He is asking me to convince my HR to add a range 50,000 - 95,000 as my salary, which i am sure my HR would be against doing that as it is a big company. I don't even want to ask them since they might think i am trying to do some kind of fraud and raise a red flag.

    is there anyone in the IV community who had successfully used AC21 with a considerable difference in salary?. Please respond with your comments.





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  • coolpal
    02-02 10:43 AM
    I have applied for H1B extension with my original h1 company (a consulting firm) and due to some pending queries regarding the h1b applications in general for my company, my h1 extension was in pending state with no updates. (I applied around Jun 15th 2008).

    Later in dec 2008, I applied for h1 transfer with a new firm, and got a RFE on Jan 7th with similar requests... My lawyer asked me for all my W2's since 2005 (my original h1 start year), pay stubs for the last 4 or 5 months, and letter from end client, prime vendor and myself stating job responsibilities.. I have collected all this information, and they are going to respond to the RFE this week. I hope all goes well...

    I have EAD to fall back in case they reject it. But seriously, I was never out of status, or unpaid (unless while on vacation to india or elsewhere).. came to US in 2002 for masters and worked on CPT/OPT for about a year before starting on h1b in oct 2005.

    Looks like they are really keen about the consulting firms' benching etc., Hope we;ll all get thru.

    Good luck!

    pal :)



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  • sanju_dba
    06-25 03:18 PM
    2) Currently your status is H1 , if you use AP then ur status will becom Parolee and if you use EAD then "???"
    Incorrect.
    Just using AP does NOT invalidates H1 status. Using EAD does.

    I double checked with my attorney , either or AP or EAD usage will change your status, ie H1 is no more valid.





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  • need_EAD
    05-24 12:40 PM
    done



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  • ak27
    11-28 03:59 PM
    We are with you.. CIR is lost cause. I would suggest that we should spend all our energy for interm relief and forget about grand bill.





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  • srini1976
    07-09 01:34 PM
    Hope this turns into reality..:)





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  • greeku_veerudu
    05-27 09:45 PM
    Major flaw in your analogy is you failed to imply that only USCIS can produce TVs worldwide and it can produce only 140k of them for worldwide customers. Also they can only produce 7% of 140k for each country to fit each country's specifications. They sure will have customers, doesn't matter if their customer service sucks. Simple supply and demand theory.





    BharatPremi
    12-09 12:12 AM
    My 6th year H1B is expiring on April 28, 2008. I applied labor through PERM on October 2, 2007. I got the audit letter on December 3, 07. This audit letter does not state anything about the issue of the audit letter. However, the sentence �The job duties and/ or requirements are beyond those defined for the job by SOC/ O*Net code an Occupation Title provided by the State Workforce Agency� is highlighted in this letter. The letter also request for Business Necessity Letter and Recruitment Report. My case is the EB2 case for a Project Manager position with a minimum of 2 years working experience. A couple of programs and knowledge in the field are also required for this position. At the recruitment times, there are no applicants applied to this position. The company has approximately 16 employees including me.

    I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.

    Highlighted area is the problem. Is your lawyer recently graduated? EB2 category is meant for minimum 5 years experience and whne your title is having the word "manager" it becomes more stricter definition.... In my opinion EB2 is always about minimum 5 years experience and that is where your lawyer screwed you. And yes the reason highlighted in the audit letter is real reason and it is direct indication of this conflict.





    gotgc?
    12-19 11:19 PM
    bumping...



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