Thursday, June 23, 2011

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  • ImmiLosers
    09-25 02:12 PM
    cud anyone tell me wht an MTR is???

    MTR makes packaged food ; check this out http://www.mtrfoods.com/

    I guess here it means "Motion to Re-open"





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  • merakyahoga
    10-22 09:27 PM
    Thanks for replying it in really simple words.

    There is nil chance that premium processing is going to open in near future. So there is 99.9999 chance that this guy will have to return back to his home country.

    (a) If he does not change his employer, he will still be able to keep his green card under processing. Right?

    (b) As per the law, to get new H1 this guy will have to be outside of US for a year. Right? If his green card is under processing will he be able to get a H1B sponsored from the same employer after a period of 1 year? {{ I am assuming here that his I 140 is does not get approved for next 1 year }}

    (c)Another question, if I 140 gets approved in 3 months (less than a year) will he be able to come back immediately by extending his H1 (excuse my terminology if it does not make sense)

    (d) Should he apply for i 140 at this stage if he is keen on coming back within a year / should he not persue the same? Does applying I 140 makes getting his H1B chances low?

    This is really a complicated case and I am just wondering is there any way it can be solved (other than premium processing for I 140 option) I know that he will have to talk with his lawyer. His words "something should be there" to help case like his.

    Appreciate everyone's views and answers.





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  • go_guy123
    04-05 04:01 PM
    One of my friends who have finished Ph.D in computer science in year 2001 in US, he still found difficulty to get a job at that time and then left US. Suppose right now you have Ph.D in STEM, you still need the employer sponsorship for H-1b and then GC. If no employer sponsorship, even you have Ph.D, so how can you get the GC???????? So I do love getting Ph.D without tied to employers' sponsorship for GC may be much better!!!!!!!!! It is because some employers may find filing H-1b is both time- and money- consuming process and some employers may not like it!!!!!

    Yes PhD itself takes 6 years and you get 1000$ each month during that period. Even after that you have to do a 1 year Post doc at 35K / annum. Hopefully after that you can land into a faculty position of 60 to 65K. Practically you have to endure 7 years of just subsistence living. Not to mention your adviser knows that you are foreign student and expect more work as RA. You are better off with 7 years on EB2 or even EB3. At least your employer is paying you more than 1000$ per month.

    Lately there is an over supply of PhD from the tech downturn when many students
    went in for PhD instead of working after MS. With budget cuts at state level and excess
    of existing faculty (as STEM undergrad went down after the tech downturn), newly minted PhD can hardly get a faculty position unless you are from top branded schools like Stanford, etc.





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  • gxtrader
    07-25 05:49 PM
    It was stupid of your lawyer to use mailing without any tracking facility. Come to think of it, Priority mail has a tracking number. How your lawyer chose to opt out of it ? Hmm...

    My lawyer didn't even give me any tracking number neither confirmed that my package reached USCIS. So I am pretty much like you without any information.

    Hmm....Perhaps you have the same stupid lawyer :D



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  • guyfromsg
    09-09 09:01 PM
    CHAMBLEE
    DUNWOODY
    DORAVILLE
    MARIETTA
    SMYRNA
    DECATUR
    NORCROSS
    DULUTH
    LAWRENCEVILLE
    LILBURN
    TUCKER

    AND WHAT NOT

    ATLANTA IS THE MECCA FOR IMMIGRANTS - THE BIRTH PLACE FOR THE CIVIL RIGHTS MOMENT

    COKE AND CNN AND UNDERGROUND ATLANTA - HISTORY IS BORN HERE.

    ATLANTANS MUST BE PROUD TO BE FROM THE PLACE WHERE THE CIVIL RIGHTS MOMENTS STARTED.

    LETS MOVE THE STONE MOUNTAIN TO DC.

    ATLANTANS LETS GO ATTEND THE RALLY IN DC SHOW WHAT ATLANTANS ARE CAPABLE OF

    If you see the bus thread for the GA/SC/NC/FL ramus,fshah and myself have been posting messages encouraging members to join the rally. Hopefully people who are still thinking about it will make up their mind soon and catch the magic bus..





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  • Jaime
    06-21 11:56 AM
    Guys,
    Please stop this rumor. Priority dates cannot retrogress in the middle of the month. That's what the law says, and AILA is looking into what happened in the middle of last month with the "other workers" thing, as it appears like USCIS can't stop accepting I485, if the visa bulleting shows the dates are current. Please stop looking for "news" all over the place......
    Bottom line: July is current so send you application at the end of Jun...that's it.

    I also don't think dates will retrogress in the middle of a month, but that information is not a rumor. I saw it on both the Susan Henner thread on this website, and also on the Fragomen website, verbatim, word for word



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  • countdrak
    04-30 03:39 PM
    I have the same situation and here is what my lawyer asked me to try.

    1. go to the nearest CBP port office with your valid visa petition(I-797), original I94 and employee ment verification and the passport. Fortunately, i was able to get the new -194 based on my valid visa petition from the CBP officer. The issued a new 194 card and modified records in the computer with the new admitted date.

    2. If the first option is not working, since your are not passed 180 days limit, you can go out of the country and get your new i94 card. this is how my friend did few months ago. he went to canada and go that fixed.


    Reading this I am totally confused. Can someone help.

    So here is my question. I entered USA in Jan 2006. I got a i-94 ( White card on my passport) at the POE with a date of NOV 2007 till my H1b expired.

    After that I switched companies and my 797 with new i-94 ( piece of paper attached to the bottom of 797) is valid till 2010. Do I need to leave the country to get the new i-94(White card) or am I ok.

    This query totally confused me!





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  • pappu
    01-19 10:15 PM
    Hey guys Nikhil from Lawrenceville here
    Thanks for joining. I think this chapter has enough members to get started wth the chapter activities. Pls all PM everyone and one person can take the responsibility to organize a confrence call so that you can all discuss action items.



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  • roseball
    10-23 01:52 AM
    This is what your friend can do:

    - Apply for I-140 asap under normal processing
    - If your friend was out of the country anytime during his 6 year H1 period, then he can file for H1 extension for the time spent outside of US. For example, if he had three 1 month vacations (outside country) during the time he was on H1, then he can file a H1 extension to claim those 3 months...He will have to submit evidence (passport entry/exit stamps) to prove he was outside US for that duration...By doing this, he can buy some time and hope his I-140 will be approved by the time the extension expires....
    - Another option is to file I-140 immediately and if his employer agrees, go on unpaid leave, and leave US immediately...Then return back before the current H1 expires and file for H1 extension by reclaiming all the time spent outside US while on H1....Ofcourse, his employer has to be really co-operative inorder to do so..

    These are options just to buy some time in order for I-140 to be approved as its taking anywhere from 6-9 months for approval depending on the service center...........

    Hope something works out for your friend.....And ofcourse, watch out when USCIS starts accepting I-140 premium processing applications again, and file I-907 premium processing request form as soon as they open it up....





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  • gmurthyusa
    04-15 06:46 PM
    My I-797 is expiring and my company will be applying for renewal in a few days.

    As I am working for a desi consulting company, the attorney has suggested me to get a client letter.

    I heard that, the H1-B will be renewed only for the date mentioned in the client letter.

    Eg: If the client says, my project will end by december 2009, then I will get my extension only till that date.

    Can somebody please share their recent experience? I have my I-140 approved 8 months ago and I am really hoping to get a renewal for 3 years.

    Can sombody please reply?

    Thank you very much



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  • indianabacklog
    10-30 09:11 AM
    Actually across the board americans are very concerned about the pouring illegals into USA and they are all united and look forward to Tancredo.
    whether you agree ot not it is true.

    You can yourself see where does democratic party get votes only in the liberal weat and northeast and the manufacturing states of michigan, indiana
    and illinois.

    Not that it really matters but Indiana is a red state. Very rural communities all voting republican.





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  • bestofall
    03-26 10:39 AM
    Hello All,

    I am in critical situation advice me ASAP.

    I came to USA in June 2007 on H4 Visa Status Valid until Sep 2009.
    Got H1B approval and my employer filed for change of status I-797 ( H4-H1B).in the month of MARCH 2008. Got SSN in the month of April 2008.
    My employer didn't place me in any of the project and not even pay me anything since 1 yr.
    Recently my husband got his H1B Transfer and extended until sep 2011.
    When my husband applied for his transfer I didn't apply for H4 as I am on H1-B Status.

    Now I came to know that I should not live in US more than 1yr with out any Pay stubs .
    So I am Planning to go India and get back to H4 visa.
    1. So what are the different scenarios to get the H4 Visa ?

    2. Will the US consulate people ask about my H1 payslips and all when I go for H4 Visa stamping?

    3. I don't have any payslips anything so will i get H4?

    4. Can I make a complaint to INS labor on my employer and keep the complaint safe side when I go to US consulate?

    5. Should I mention about my H1-B or just wait until the US consulate people ask about my H1B?

    6. When I applying for H4 if the US Consulate people ask me about my H1 like U have H1b valid until 2010, then why do you come for H4 what should I Reply?


    Recently I came to know my employer is having few cases pending on his Company and he started a new company B on same address where my company A has exist.

    So could any one please help me in this situation.
    Thanks in advance
    Chethu


    http://immigrationvoice.org/wiki/index.php/RIGHTS_OF_H1B/REPORT_ABUSE/REPORT_FRAUD
    Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker

    The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.

    You have the following rights as an H-1B worker:

    You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality. You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit. You must receive the same fringe benefits on the same basis as offered to American employees. Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition. You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract. You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers. Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well. Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation. You have the following responsibilities as an H-1B worker:

    You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process. You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers. If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer. You may not enter the United States more than 10 days prior to the petition validity date. You must follow U.S. laws and regulations while in the United States. Your spouse and other H-4 dependents may not work while in the United States.



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  • pcjandyala
    08-27 11:59 PM
    It happend to me too. Initially, i thought i am going to get my GC but later ralized that it's biometric update.

    Thanks





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  • gman
    12-12 07:31 PM
    gman,

    Has your fiance considered getting a waiver for the 2 Yr. Home residency requirement?
    http://travel.state.gov/visa/temp/info/info_1288.html

    Perhaps she could apply on the grounds of No Objection from Home Country. From what I understand, she needs a No objection certificate sent by her country's embassy in the US directly to the department of state.
    Once she get's the waiver, she can be in the US on H, L, or LPR status.

    Good luck!

    Who in the embassy needs to fill that out? Is there a special form or is there a general letter stating that the Country Embassy in Washington has no objection of waiving 2 year HRR rule? Does it matter that her study while on J-1 was at least partially funded bu USAID?



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  • gc2
    08-26 09:22 PM
    Collaboration with DOS

    USCIS works with DOS more closely than ever to exchange information that is critical for managing visa allocation and for targeting future production efforts. We are now in weekly contact with the Chief of DOS�s Visa Unit to communicate current inventories per country and preference class to better determine each month�s visa bulletin. DOS provides regular updates to USCIS on past visa number usage and remaining numeric allocations per country and preference class. DOS also shares its forecast for priority date movement in upcoming visa bulletins so that USCIS can adjust production in advance for maximum visa number usage.

    USCIS and DOS are also working together on a plan to forward all approved family-based visa petitions to DOS, including those where the petitioner indicates the beneficiary will apply for adjustment of status in the United States. This will enhance the ability of DOS to accurately forecast demand for visa numbers and more precisely manage the establishment of priority dates to meter the intake of applications for adjustment of status to match visa availability.

    Conclusion

    Though we still have challenges to overcome, USCIS is currently showing improvements as a result of process improvements. As of April 25, 2008, USCIS had adjudicated over 65 percent of its FY 2008 target for employment-based visas. With five months to go in FY 2008, this is a strong start. We plan to continue implementing process improvements and new reporting mechanisms for managing these important applications.

    Over the years, USCIS and DOS have strived to work in concert with respect to the Visa Bulletin process. After the events of the Summer of 2007, this year, we have built on that foundation and are better equipped to accurately assess and effectively manage the process to ensure that all available visa numbers are utilized. With five months left in FY 2008 year, we are confident this partnership between USCIS and DOS will provide the blueprint for continued success in managing visa allocations.

    I look forward to updating you on our continued progress and am pleased to answer any questions that you may have at this time.





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  • Rajeev
    06-17 11:58 AM
    Dream act is for children of undocumented immigrants only. It has nothing for children of legal immigrants.



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  • eb3retro
    02-06 01:02 PM
    Please post here if you have used your AP, and you are not working for the sponsoring employer and you travelled and entered into US. Please mentioned the POE name too and how u handled your case. thanks. this will benefit a lot.





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  • pcs
    12-10 07:31 AM
    Any takers guys ? Please give me your contacts.

    Thanks





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  • when
    02-26 03:42 PM
    Thank You EndlessWait. I just got confused with japs19 comment "Ethically it makes sense to work for the employer who you will be working on a "long" term project and who wants you to get permanent residency. There is no agreement or obligation that restricts employee to reject the employment in the future or employee to not return and that in eyes of CBP officers is a FRAUD."





    krishmunn
    11-13 02:27 PM
    Thanks all for your helpful replies.

    I have I-797 H1 approval notice. Can I get it stamped at London US Consulate. This will save me a trip to Canda/Mexico or India

    That is beyond my knowledge. However AFAIK, if this is your first H1 stamp (changed from F1 or L1 etc) , you must get it stamped in your home country.

    If it is a second onwards H1 stamp you can possibly do it in any third country -- though third country stamping always carry some additional risk





    mbawa2574
    07-15 03:28 PM
    Can we do it on 28th ???



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