Wednesday, June 8, 2011

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  • nixstor
    04-13 06:30 PM
    Gurus,
    Please help me guiding in my situation:
    I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.

    I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
    They had sent me a questioner about previous employer about salary being paid etc.

    I am not sure what should I be doing in this situation:

    If I reply with all facts this might effect my pending H1B status for new employer.


    If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.


    Third Option could be that I do not respond at all
    [They had mentioned that I am NOT required to respond.]

    I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.

    Thanks
    Saurav

    If you decide to reply, tell the truth.

    Telling the truth about not getting paid will not get your new H1 extension into jeopardy. If you already filed for extension and do not have pay stubs for a period of time, you will possibly receive a RFE for lack of pay stubs. your response will help as an explanation of the employer's violations in case of a RFE and possibly can get you paid for the time you were not paid.




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  • psam
    08-26 04:17 PM
    Hello all,

    It appears that my green card is lost in mail.
    My spouse received her 10 days back. Our 485 was approved on same day, so I think mine must be lost.

    I will wait for another couple of days for it to appear. Meanwhile I had few questions
    1. What is the process to getting a duplicate?
    2. If I just get GC stamped on my passport, will I be able to transit from Paris or London airport?




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  • bluez25
    07-26 02:45 PM
    Guys ... please help. I am trying to get PCC from my local police station and they are giving me hell time here... and I am running out of time. The local police station guys are saying that they will only give a letter in white paper (No letter head) and they are insisting that it will not be used. What shall I do and I have to submit my documents by tuesday by latest.....

    Questions for friends around

    1.. is the letter given by the local police station with out the letter head will e accepted in the Consulate?
    2.. If not can we get a PCC from the commisioner office?


    Please give me some directions.




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  • psk79
    10-15 04:01 PM
    Now my last option is to apply for AP for my wife while she is in India.
    Can I apply for AP when she is in India?


    I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.



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  • gccovet
    09-24 04:15 PM
    Any thoughts

    is she the primary applicant on AOS? If so, to be safe, you may have her continue on H1 (provided employer is willing to file for H1B ac21 aka "transfer").
    If she is not prim. applicant and If the employer is not willing to shed the H1 "transfer" money, you may save money by using EAD.

    just my thoughts, check with attorney please.

    Regards,

    GCCovet.




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  • kris04
    07-06 03:25 PM
    Hi, there,

    I've just done my final interview with one company. they are very satisfied with my experiences and tech skills and have strong intent to hire me. after several time interviews with them, there is only 2 candidates left. I am the one of them. but now the hiring manager has concern on my visa problem. I am currently have EAD (will expire 1 year later) and my 140 has been approved and 485 pending is far over 180 days. I should not have visa problem, right? may I get your comments how I can convince this hiring manager on my status?

    thank you a lot!
    :confused:

    Tell the hiring manager you don't need any Visa sponsorship, but just would require a EVL detailing job description and salary details, EVL is common not just for immigration, but for securing a home loan or car loan, so HR will not have any problem in providing a EVL. I did the same last year got the job offer and notified the hiring manager and HR that I am on EAD, told them that I don't need any visa sponsorship, but a detailed EVL, hired a private attorney informed USCIS about the new employer with the EVL I secured after joining the new employer, submitted the document as part of AC 21. Last year around Aug. 2008 I got my GC got approved without any RFE.

    Good luck

    HTH

    kris



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  • vicks_don
    04-18 03:04 PM
    thanks felix 31.

    I filed it last year oct in VSC. got an rfe last month. i haven't received any case transfer notice. I am planning to answer rfe to VSC. My recepit number starts with EAC.

    just one question.
    when you said it was filed with NSC and now transfered to TSC. apart from the recipt from NSC that your case is transfered what else could tell us that the case is transfered..like

    a) does the receipt number change
    b) when we input the previous number in uscis.gov does it say that your case has been transfered.

    Thanks for your reply.




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  • gcformeornot
    04-07 01:01 PM
    AAO Decision on Substituted Labor Certifications (http://www.cilawgroup.com/news/2010/04/03/aao-decision-on-substituted-labor-certifications/)



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  • hmaramraj
    08-24 01:14 PM
    Hi,

    I am sorry to side track the topic here but I am a permanent resident of Canada and lived there for 3 years. It's beyond my words to explain how difficult it is to get a job in Canada. First of all IT jobs are less except in Toronto and Ottawa and some in Vancouver. Sometimes they don't hesitate to trash our resume in front of us which happened to me. They hate US experience. I asked when I was called for an interview why don't they believe US experience when I had worked in US. She said, "Oh well! in US, in a team of 10 software engineers only 2 or 3 are good and rest of below average but whereas in Canada it is reverse". I was appalled with the response. Anyways, I am not advocating that we shouldn't take shelter in neighbouring countries like Canada but trying to put forward the ground realities existing in Canada.

    Takecare
    Hari.
    Vivek Wadhwa spoke very nicely and hit right at the core of the EB Immigration issues and backlog. I talked to him along with my wife and told our story. I also told that lot of people like me will be opting Canada or Australia or even go back to India if the EB Immigration issues are not fixed. If US doesn't fix its Immigration Policies for Skilled Immigrants then they go back to their home countries or other contries who know their worth. This is our most productive age and we won't waste it.

    I will try finding the recording of the show and post it here.




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  • gc_chahiye
    10-31 03:22 AM
    WTF are you talking about, man??? It was said hundreds times: once one use EAD, h(is|er) H(1|4) is GONE!!! Per my lawyer, if you filed H1 extension before expiration, you are ok, in this case ext. filing date make sense.

    H1 status does end when you use the EAD, but that does not mean that you can never ever go back to H1. By getting a new petition, or your extension approved, and possibly having to re-enter the US, you can reactivate the H1 anytime. Its not all a one-way street.

    See http://www.murthy.com/chatlogs/chat0106_P.html
    Chat User : While in AOS, after using EAD and 6 years of H1B is expired, can the person change from EAD to H1B (1 year extension) if person's EAD extension is taking time?

    Attorney Murthy : Although there is no specific mention in the INS law or regulations on this specific issue, the INS has alluded that a person should be able to file an H1B 1-year extension, even from outside the U.S. or within the U.S. Worst case scenario is that the person may have to travel abroad and reenter on the H1B status by applying for the H1B visa abroad, but we believe even that should not be necessary as long as the person always maintained valid legal status until filing the AOS and thereafter.



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  • coolmanasip
    03-22 10:54 AM
    It should be safe to travel for both of you.....

    I am exactly in the same situation.....EB2, I40 approved, PD June 2006, and filed 485 in the july 2007 mess... I changed my job immediately after 6 months passed in March 2008....I have not informed USCIS about job change (AC21)......and my port of entry was Washington DC (IAD) airport......

    I have travellled twice using the AP, once in April 2008 and once in December 2009.....went through typical two step exit process from immigration......first time, I was asked who do I work for ---- I told the name of the new company and said I used to work for XX compnay (filing company).....no follow up questions or documents were asked for.....second time no questions at all.....

    Both times, I got a feel from what they were checking is that all they check is whether your I-485 is pending or not in their system......

    hope this helps...

    Thanks....




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  • anilsal
    10-27 10:09 AM
    as the chapter leaders can appraise you of what is possible, what is the view of leaders towards skilled immigration etc.

    Rather than vent your frustration on the forums, direct them constructively to some IV activity.



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  • 21stIcon
    10-15 04:37 PM
    look this

    http://www.investopedia.com




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  • nozerd
    01-15 02:34 PM
    The centers seem pretty spread out Geographically. Which part of the country do you live ?



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  • desi3933
    02-09 05:05 PM
    what is NCR Region???

    National Capital Region (http://en.wikipedia.org/wiki/National_Capital_Territory_of_Delhi)




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  • santa123
    08-15 07:21 AM
    Welcome back vdlrao...
    what does the SEP VB indicate to you?
    you had predicted that there will be a mild retro and does the fwd movement indicate better days ahead?

    We IVians look fwd to your analysis and insight. Thanks!



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  • istrategist
    05-07 05:37 PM
    Found out rates today (for their highest bracket)
    SBI: 45.25 (no fees)
    Citi ACH: 45.27 (Rs 55.15 per transaction)
    ICICI : 45.32 (Rs 25 fee per transaction)




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  • desi3933
    08-04 11:14 AM
    Hi, can someone help crack this puzzle?

    I have an EB3 application with a PD of Nov 2002 (India). Filed I-485 in June 2007, along with medical forms etc. Of course, that category is 'unavailable' now.

    In 2005, we started an EB2 application, within the same company, for a new job, this one requiring a Masters degree.

    The EB2 I-140 was just approved, and the notice has the Nov 2002 Priority Date.

    The attorney had earlier said they could port the priority dates from the EB3 to EB2 and interfile.

    Now, he just called saying he is confused and not sure!

    His views:
    - There is no formal way to find out if the new I-140 was matched up with the old I-485.
    - He says he will ask his peers and will also call USCIS Customer Service.
    - He thinks we might need to file a new I-485 to support the new EB2 I-140 to show that there is a pending I-485 - because the underlying EB3 is Unavailable.

    Appreciate any inputs!

    Cheers!

    >> could port the priority dates from the EB3 to EB2 and interfile.
    Correct. You should be able to claim EB-2 with PD Nov 2002.

    Also, no need to file new I-485. Send a letter with details of both approved I-140 and highlighted PD Recapture in yellow.

    _____________________________
    Not a legal advice.
    US Permanent Resident since 2002




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  • LCtank
    07-14 01:44 PM
    EB3 retrog is completely hopeless in next 2 or 3 years unless the legislation release is passed. Lobbying is the only way to influence.

    suppose this SKIll bill is passed, probablly not this year since election are aboutto happen. what are the chances that EB3 worldwidw will become current when SKILL BILL goes into affect. I am sure there are majority of people here are Eb3 category.

    What if someone is got a few monts left before they finsih the Masters, but their process in in EB3. Can they take advantage of this bill. Obviouslly one has to finish the degree first.

    thaughts?




    kumar1
    09-22 11:11 AM
    You get this kind of mental state only after spending 8-9 years here! Look at people with PD of 2007....trying to sue USCIS for interfile! It took 7 years for my wife to get EAD. Some of the H4s got EAD in less than 6 months. Am I going to sue USCIS? Hell No!

    Life, Liberty and Pursuit of Happiness!

    Dude, Your PD is in early 2001 and you are so calm and composed?. I am amazed with your “current state of mind”. I hope you get your GC soon.




    pasupuleti
    09-25 05:08 PM
    I got denied by discover credit card due to not having a green card.
    They said, it is just their policy that they won't give credit cards to
    people who don't have green cards.
    I could't co-sign my friends student loan application as i did't have a green card. They said, i have to be Permanent legal resident to co-sign.

    Though i have a mortgage now, my first mortagage application got denied on same grounds.

    Apparently fannie mae guildelines stipulates that H1B(foriegn investment) needs to put 60% down to get a mortgage loan.

    But most of the lenders do mortgages anyways even for the people who does't have a ssn:).



    No one has ever been denied mortgage because their green card is pending, all other things (credit record, finances etc) being equal...that would constitute housing discrimintaion...

    Just a thought, especially in response to those (and there are some on this forum) who feel discriminated in this country and compare their situation to that of exploited laborers in some podunk land...



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