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  • justAnotherFile
    04-02 03:17 AM
    coun as 2





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  • rajev_kk
    08-10 09:45 AM
    I understand what everybody says, but some people are honest and you have to believe. Can somebody who is knowledgeable on the subject, post a reply please?





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  • veni001
    06-07 12:41 PM
    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.
    Summary:
    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.


    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:





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  • prince40
    04-14 06:15 PM
    i hope these desi consultants r all banned and deported



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  • arnet
    06-27 08:25 PM
    posting this again....i always take pics in sears, good quality, always acceptable, cost $14.99 for 2 photos for first time and additional 2 photos at 7.99$. once photos printed, check background, quality and see whether it matches USCIS spec (including face size and photo size).





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  • ck_b2001
    01-26 09:32 PM
    Hi,

    I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.

    However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.

    "Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
    termination of the employment."



    In my company if they transfer you with-in company and pay all moving which can total to 25-30 k, they say that if you leave with-in 12 month of moving you have to pay back moving expenses. If company terminate you before 12 months, they will move you back and pay for your expenses.

    It may be a standard clause if it is only valid for first 12 month. May be they spend $$$$$ on training but i am pretty sure they'll have hard time enforcing it.



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  • dummgelauft
    12-08 10:19 AM
    I think, it is a combination of three things.
    1. Laziness
    2. No Accountability
    2. Bad intentions ...as you mentioned

    In my job, I am a software trainer. I teach hundreds of people. I will be accountable (and asked questions) if I delay my work even by one day. There are tight deadlines for everything. (Yes, 5 minute job of renewing EAD will not be 90 days ...it will be 5 minutes only) Even if one customer just soft complains about anything, I will be held accountable and my job will be in jeopardy. There is no such thing in USCIS.

    BTW: I hate when they say 90 days and then exclude the RFE time and the mail accepting time.(They count from the date of receipt and not the date of receiving the mail). On the top of it, the receipt date can be any time they want and not the date of receiving the date. It can become 120 days and when they say "days", it is like one of those commercials which says, " for only 1$ a day ...." instead of saying $365 which they charge for the whole year . subscription.

    Same way instead of saying 3 to 5 months , they say 90 days (so that it does not seem long). they should say , "EAD RENEWAL ONLY TAKES 129600 MINUTES". ..and then in the small print, light gray color at a hidden spot in the bottom, in tons of lines of text, say, "does not include RFE, holidays, Mail transit time, and time before we accept it"

    Can anybody please send me the address of USCIS director ? I want to write a letter to him with a copy to his boss too. Anybody can help me know who his boss is and his address too ?

    You will be barking up the wrong tree or up the same tree a lot of us have already barked up to, by writing to rthe Director of USCIS and his boss.
    Alejandro Mayorkas is the Director od USCIS and I believe his boss would be none other than Ms. Janet Napolitano..

    Poke around IV, there has to contact information for both of these individuals.
    Laziness and Un-accountability are hallmarks of any government organization in any country, so we can discount that. I strongly incline in the direction of "Bad Intentions".

    Afterall these are all clerk level employees who have, what amounts to the future of thousands of people, in their hands. Whenever USICS efficiency/operating procedures are discussed here, I am reminded of what a clerk in my engineering school in India once told me. Mind you, this was NOT a government office where dealinggs of millions of rupees are made. This was a SCHOOL.
    Following is the brief dialoge between the clerk and I:
    Clerk: "Bhai, clerk se hamesha dar ke rehna."

    Me" "Kyon?"

    Clerk:" KUTTA mein ek (one) "K" ( the hindi letter Ka), hota hai aur clerk mei 2, is liya dhyan rakha"

    That dude was so correct.

    Happy hump day.





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  • logiclife
    12-28 02:38 PM
    Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?

    No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.

    AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.

    You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.

    H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.

    H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.



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  • alterego
    01-13 12:21 PM
    I've sent in slightly modified letters(personalised) from myself and separately from my wife to both the Whitehouse and to IV.

    I found the best way to modify the well written template is to just put a small personal introduction at the top. Who you are, what you do and perhaps that you are waiting patiently for X years.
    If you have renewed your EAD multiple times, it might be worth mentioning that as well.





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  • dingdong12
    06-17 05:03 PM
    I support this



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  • sledge_hammer
    06-26 02:29 PM
    The photos I got from CVS was not bright enough. So the guy brightened the photos for me. Now the photos look a little touched up ...

    What are considered bad photos?

    I guess MOST of the people are concerned about the quality of photos than $ spent. My friend had RFE because the photos he got from CVS were not upto USCIS specifications. So any + experience is valuable to the forum.

    Cheers..





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  • gc_on_demand
    11-25 09:33 PM
    This analysis based on Data provided by USCIS on Aug 25th. They have changed data under dashboard two times since but they haven't updated detail sheet online.

    Also DOL performance also factors lot. If DOL starts approving labor at faster rate EB ROW categories can consume much more visas and left over will be less for EB2 India and China that can hurt analysis.


    Good thing is that IV members spent time to understand 3 departments data and create a model so future analysis on updated data should be quick and may be core can post updated version of this doc frequently.

    NVC has declared CP numbers in wholesome also USCIS is due to release updated backlog information soon so we can have new document sometime soon.

    Also there is a very good point about spill over and how it can lead to visa wastage if DOS doesn't consider USCIS's processing time and future applications on DOL site. That may convince DOS to move forward gradually.



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  • hunkuncontrolled
    03-11 02:33 PM
    Read this http://timesofindia.indiatimes.com/Business/New-H1-B-visa-norms-to-isolate-India/articleshow/4251475.cms





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  • dixie
    11-30 06:19 PM
    I got a discover card in 2004 when I was still a student. maybe they forgot to check my immigration status.
    until 2002 they issued.after that they stopped..



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  • stuckinmuck
    05-15 11:49 AM
    I know many people working here in my city who are from TCS. TCS blatantly breaks rules and sends these people on L1 visas while paying them an Indian salary and a minimal per diem for their time in the U.S. They don't even get enough for renting a car and I see many of these poor guys walking from their apartment blocks to the office. It's good exercise (for one's physical health) but the intent of the company is exploitation and nothing else :mad:

    In addition, I notice that many of these recruits are here not for long term jobs but for gaining enough knowledge so that those jobs can be outsourced back to the home country. That has started to make many of my American colleagues really mad. But it's the fault of the company, not these poor guys who don't have seem to have a clue what a bad deal it is until they arrive here.

    Sad to say, Wipro, Infosys and the rest in their flock are no better.





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  • Almond
    07-17 10:58 AM
    For NSC
    --------


    I-765 Application for Employment Authorization Based on a pending I-485 adjustment application [(c)(9)] March 26, 2007


    Thanks, Laborday! They're on the same time unfortunately:(



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  • gc_chahiye
    09-26 04:59 AM
    I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.

    Country: India
    Date of Joining with current employer : Jan 2006.
    PERM Filing/ Approval Date: Aug 2006.
    I-485/ EAD filing Date: July 2007.
    I-140 RFE received date: Sep 2007.

    The RFE reads as follows.

    ---------------------------------------
    "Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
    If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
    ---------------------------------------

    This is my history.

    I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
    I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
    But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.

    I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
    I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.

    The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.

    Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.

    My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.

    I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.

    Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?

    Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow

    this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
    - start another PERM asap.
    - go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
    - if you get a denial, file an appeal, that buys you some time.
    - during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485

    I dont know if doing an MTR on the 140 will also keep your EAD alive...





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  • arc
    09-05 04:22 PM
    Myself and Abhijit booked the flight in United from OAKLAND airport. As we are going to be in DC on Tuesday morning, this is the pretty decent flight with no-stop...We booked this thru www.kayak.com...
    Mon, Sep 17, 2007 11:10 PM - OAK to IAD
    Tue, Sep 18, 2007 6:52 PM - IAD to OAK

    The price came ~$280

    Venkey

    I sent you a PM, can we team up? I need some more info!





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  • GCBy3000
    07-26 04:56 PM
    At least you have nine more fingers in your hand. But the poor keyboard / laptop has only one F5.

    By the way, I work for a insurance company and we have customer service dept. Once one of our client called and said she is having some issues with our website. The customer service rep could not resolve the case so she conferenced me in. I asked the client to press F5 to refresh the browser. She said her browser was not refreshed even after pressing F5. After serveral minutes I realized that she was pressing F and then 5 seperately. The story continued with that client for several minutes and I accepted my defeat at the end.

    Another time when I called the charter company for some cable issue, they asked what OS I have. I replied I have windows on my PC and they did not understand. So she asked "Do you have windows or PC?". I said "I have windows on my PC". I thought she is funny. But when I went to the charter site for cable connection registration, they had similar question in their website too. Then I realized, in US windows = OS from microsoft and PC= MAC.

    Man u guys are faaaaaaaaaaaast!!!!

    BTW, talking abt F5...I have lost the white ink on the F5 key..its all blank now.....seriously not kidding, and also some dead skin on my index finger.......cheeeeeeeers!!!





    pappu
    11-06 03:59 PM
    Sometime this month!!

    Let me narrow it down

    ' First half of this month'. :D





    latina
    04-01 03:16 PM
    Keep up the good work guys. Its heartening to see the IV team taking so much efforts. The least we can do is support them.



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