Wednesday, June 15, 2011

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  • indygc
    12-18 11:41 PM
    Hi All,

    One of my friend is in a bad situation, I am posting on behalf of him,

    He is having H1B from Company A, company even filed labor, he got a project all was going well , his project with client got over on September 15th 2009. He was on bench since then, his recruiting guys tried hard marketing him and atlast after 3 mnths found a project and when the time has come for paper work, today,HR from client called and told him that his company A's HR responded them saying his H1 was cancelled on September 15th as soon as his project got over with his previous client. My friend was not intimated about this not even the recruiter and was in assumption that company is still supporting him ..He is in shock and helpless..

    Now the question is its more than 90 days since Sept 15th, what is the current situation what can he do? (has 2 offers in hand and no h1)..wat are the options he left with? Anything can be done? Can he stay and apply a new H1 or transfer? Pleas advise, Gurus appreciate your quick response.

    Thanks in Advance
    AJ





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  • Pagal
    09-07 11:58 AM
    Hello,

    Yes, I've seen similar situation with one of my friends...





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  • MissionImpossibleGC
    08-23 03:33 PM
    I lost the hope of GC after working 10 years in US because my GC is not approving.

    Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
    Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.





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  • webm
    06-09 02:50 PM
    "Processing Date current with respect to Receipt Date" in May VB,even then IO not picked in my case atleast...so its all matter of luck!! back to U-turn..



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  • kirupa
    11-21 05:42 AM
    The poll will go live tomorrow (Saturday) :)





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  • goel_ar
    12-21 11:29 AM
    Thanks for responding.

    Is it even true when H1 was supposed to be effective October Ist? I understand that I got new I-94 on Jun 30,2008 but with effective date of Oct 1, 2008; so I understand that my H1 status will be effective in system on october 1st, not before that?

    Anyways, I have an infopass appointment on Tuesday & see how it goes.
    It is quite confusing.. I think going to Canada/mexico is risky as I don't have any paystubs on H1, so going to my home country (india) might be the only option.

    Does anyone know how long does it take for Change of Status application (i-539) to get approved? The processing date at Vermont Center shows it as "Feb 2008" right now.

    Thanks,
    AG

    Goel_ar,

    Your manner of last entry is the status that you are currently on. Thats a fact.

    This is most probably what happened in your case. You were first on H-4, then H-1 got approved in June'08. In the H-1 approval notice, did you get an I-94 attached at the bottom. If yes, then your status changed to H-1 automatically. Now, since you got back into the country in Sept'08 on H-4, it changed back to H-4.

    Either you have to go to a consulate aboard and get H-1 stamp and enter using H-1 visa. Or apply for change of status within the country. However, whenever you leave the country, you will have to apply for H-1 visa stamp and use it later to enter.

    Hope it helps.



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  • anilvt
    09-06 12:36 AM
    similar thing happened to my friend when he got his green card ...it had some women picture on it ...he called them and told to return the GC and they attach his picture on it ....

    take it easy change the title to wrong pic on AP ...blunder is very emotional word





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  • johnnybhai
    11-19 02:10 PM
    You can print the forms and make the changes. I had done this June this year when I had to change the issuing office. No problems at all.

    About the drafts, you have to make separate drafts - one set for each applicant.

    The fees payable at HDFC Bank per passport are: -
    1. Visa Application Fee (MRV Fee): $100 in Indian Rupee equivalent at consular rate of exchange. Rupee amount at current rate of exchange (Rs. 40/-) is Rs 4,000/-
    This fee is payable in cash or by DD/HDFC Bank cheque favouring �US Embassy - Visa Fees�. DDs issued by cooperative banks are not accepted.

    2. Service Charge: Rs.322/- which includes VFS� service charge Rs310/- & Bank service charge Rs12/- (inclusive of Service Tax @ 12% and Education Cess Tax @0.36%)

    This fee is payable in cash or by DD/HDFC Bank cheque favouring �HDFC Bank a/c VFS�. DDs issued by cooperative banks are not accepted.



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  • xyz2005
    08-14 04:38 PM
    I-485 AD: Jul-02-2007
    I-485 ND: Jul-31-2007

    still waiting for fingerprint notice.

    Hi,
    Same case like you but got FP notices for me and wife together just yesterday evening. Just wait and you should be getting yours in a day or two.

    Best Regards,





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  • ranahosur
    03-24 11:17 AM
    It worked well in my case.
    The HR Head of InComm wrote to me asking me to reimburse the money. They sent a Fedex to my home asking me to reimburse including the cost of the Fedex.

    I talked to the DOL and they said, i can reply to the email informing about my conversation with DOL.
    I did that and I never heard back from the HR VP. Probably no one ever challenged these guys and they were exploiting people. In fact a guy paid $15K for the green card processing to this company.



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  • coopheal
    02-11 05:20 AM
    what initiatives? Never seen any publicized...

    Starting monetary contribution is a start. if you can serve with time too contact IV core, they will be very happy to take you service.





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  • LostInGCProcess
    11-13 03:43 PM
    With his executive power he could expedite the adjudication of I-485. Call President Bush. :D



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  • FinalGC
    04-14 08:57 AM
    Guys:

    All who have incorrect details on parents passport for visitor visa....all you may need is an affidavit during application to B1 visa. Since the parents record does not matter in India.

    However, if you have not filed your 485 yet, then I encourage all to make the corrections related to your spouses birthday, name and whatever is needed, otherwise u will get an unnecessary RFE.

    My wife's mother's name, father's name and her birth location was all messed up in her passport, between the birth certificate and parents passport. By God's grace I was able to correct all of it, after pleading at Indian Consulate and running between various courts in India......It is a time consuming effort, but looking back i am glad I did that...since now my wife's records are all accurate and were corrected before we filed 485.





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  • shirish
    09-15 11:43 AM
    It still says Aug 15th. I don't think they will release it yet.


    USCIS is posting the processing times on the same date as they mentioned on the document......unbelievable, Hope its not a USCIS mistake.



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  • shx
    06-29 03:13 PM
    This is not a shady practice. The employer had petitioned for a labor certification earlier to sponsor GC for an employee who might have left the company. Now they filled the position with you, so its perfectly alright to use the same petition for you.

    As far as the documents are concerned, they are employer centric and they have no reason to give them to you. You will have nothing to do with those even if you get them. If the only purpose you want to solve is to know whether or not your labor and I40 were infact approved as your employer says, you should request your employer to show you a copy.

    The copies are wothless to you if you leave the company anyways, before you get an EAD.

    Don't heed the advise of people who ask you to find a better employer. Such people are only trying to get their own GCs faster, since there will be one less person with an earlier priority date.





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  • eb_retrogession
    03-26 08:02 PM
    It is the policy of Immigration Voice NOT to criticize anybody's opinions or views by any media outlet. We beleive that everyone is entitled to their position on any given issue.

    We have received very critical remarks from certain journalists about offensive messages sent by writers referencing Immigration Voice. IV has a dedicated media relations team that responds to relevant articles, as appropriate and ONLY such responses will be considered official communications from IV. If you want to join the effort, please send a note to sunil@immigrationvoice.org and your help would be a welcome.

    However, we request that any personal responses, especially with offensive language, not to reference IV that will show us in a bad light.

    Thank You for your understanding.



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  • eb3_nepa
    07-09 10:26 AM
    This website is for immigration issues only. Please dont hate me now.


    I Agree. Guys not to be mean or anything but let us please restrict ourselves to IMMIGRATION related matters ONLY.

    Also whoever started the thread pls start the thread in the miscallaneous section and NOT under IV Agenda and Legislative Updates





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  • blackberry
    01-21 02:47 PM
    Can soneone help me with this question.....please....

    My husband is on H1B and I'm on Ead.....both of us have expired I-94 stamps.....we are planing to go to our home country this year...we want to apply for advance parole......my question is.....can we enter U.S both of us with AD?
    I read on Uscis website that you need to have personal reason in order to go to your country while I-485 is pending....and you have to prove your personal reason.....is that true....we want only to visit our parents.

    Thanks in advance!
    I came back last year December, no issues, No questions asked. The entire process was very smooth.
    Just remember to carry all your documents.





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  • glus
    02-24 12:20 PM
    I filed my labor three years ago with a requirement of BS + a minimum of a one year experience (I had 4 years of US experience and 6 ys experience abroad at that time -feb 2005-).
    Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
    My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.

    The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.

    Did anyone hear anything similar?

    Thanks and have a great weekend!


    OK, this could be a problem at the time of I485 approval. You can change a job to same or similar. If you salary is double, an IO can think that this can't possibly be "same or similar" job. Also, if the experience required for the new position is so much different, that could also raise doubts. I would suggest getting a 2nd lawyer's opinion. I remember reading memo stating that if there is a "marginal change" in salary or requirements, a job cannot be classified as similar or same, which is required to invoke Ac21.





    man-woman-and-gc
    03-26 08:43 AM
    I got another CRIS email today. Can anyone tell me what is the 'standard processing' mentioned in the email below?
    Anyone else know what this means for the status of my application?

    Thanks.


    -----------------------------
    *** DO NOT RESPOND TO THIS E-MAIL ***

    The last processing action taken on your case

    Receipt Number: LINXXXXXXXXX

    Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: This case is now pending at the office to which it was transferred.

    The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.

    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message.


    Sincerely,


    The U.S. Citizenship and Immigration Services (USCIS)





    whereismygclost
    06-17 05:42 PM
    Hi sk.aggarwal,
    How did you calculate that he has to leave the country for four months? I think it should for a year,correct me if I am wrong.Or is your calculation based on based on the assumption that the labor will be approved within 4 months and then he can file for H1 extension? I am in the same boat,could you please clarify?



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