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  • glus
    03-19 11:40 AM
    Hello
    I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.

    I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.

    I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.


    Thanks
    Raghu

    OK,
    I am sorry to hear your I140 is pending for so long. You have 2 options. 1 - wait. 2-act. If you select the latter, do this:
    -contact your senator
    -if you receive a letter stating (pending security/background check), contact a good imm. lawyer and do a writ of mandamus.
    USCIS does not have to complete FBI checks on I-140. If they argue that they are doing FBI check, you have a case and a period of 3 years if way over unreasonable. USCIS completes internal checks within a few months max. So, your pending I140 for 3 years can't possibly be due to internal uscis checks. I bet they lost your folder; if you want email me privately and I will give you more details on such cases.

    If you follow my advise, and go through a goooood lawyer, your I140 will be DECIDED within a few weeks.




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  • Ann Ruben
    05-13 03:41 PM
    two months is a reasonable estimate---but you could request premium processing and pay an extra $1000 filing fee for a decision within 15 days.




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  • gc_chahiye
    06-08 12:06 AM
    But the letter doesn't seem to address the direct behaviour of the companies in question. Seems like a bunch of broader level issues were tackled - while true, it doesn't address H1B abuse in any way. Wasn't that the point?

    no. The point was that neither of these companies do H1B abuse (small bodyshoppers in the US do), and trying to mix up immigration related rhetoric with international business is not a good idea.

    If the senators had an issue, there are standard channels with which these can be taken up (both at ministries as well as trade-group levels). Public letters from these senators to the CEOs of our companies were essentially a publicity stunt to win votes and not a constructive way to find out if there is a problem and how it can be fixed. So in the same vein the NASSCOM reply is a broad response with good subtle hints that mixing immigration with India's business interests is not a good idea.




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  • ashkam
    12-08 02:35 PM
    Her H4 is not valid. She did travel to India without an approved AP.

    Can we cancel her GC application and bring her back on H4?

    Any other options?

    According to my attorney, if you are in valid H1 status, your wife can get her H4 stamped, reenter on an H4 and still maintain her GC application. Once she comes back, she can go back to work on her EAD and transition into I-485 pending status.



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  • sangeethak31
    07-13 02:51 PM
    Hi,

    Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.

    Thanks,
    Sangeetha K




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  • logiclife
    08-03 05:25 PM
    I worked for a firm for last couple of years and then moved to another firm. Now I want to apply for a Perm process and need the Experience letter. My previous employer has issued me the experience letter without my roles and responsibility:

    It was an unprotected word file, so I changed it and incorporated the roles and responsibilty and my self submitted it to my employer; Now i am afraid if they are going to verify it.

    1. What is the INS verification process?
    2. Do employer can verifty it by Fax?
    3. What can happen if INS came to know that everything was fine except the roles and responsibilities was included afterwards?

    What you did was creative (in a bad way). Sorta illegal. And sorta forgerish and borderline fraudulent. I am not judging you, I am just telling you how it sounds.

    Now, how did you add material to the word document that was already signed? And therin lies the bad part.

    Anyways, correspondence between USCIS and employer/lawyer/employee is always thru mail. I dont think they communicate thru faxes.

    Now, if for some reason INS (and by the way, its USCIS now) came to know afterwards, then you are in a deep hole because it sounds like fraud. Fraud is grounds of denial of immigration benefits (any benefit, like H1, or GC or citizenship). Besides, roles and responsibilities are not really needed if the letter says that all conditions in labor cert and 140 are still valid and employment is still offered as per labor cert. Then you dont need detailed description of what you are doing. And even if you felt the urge to add that part in your letter, why didnt you just ask them that?



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  • Scythe
    12-02 04:25 PM
    Are you not allowed to vote for yourself?

    EDIT: Oh, right, I forgot about your plan to wait and see which one of yours you should vote for.




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  • coolmanasip
    02-01 09:49 AM
    Congrates! Please stay in touch as others can benefit from your advice considering your extensive experience with the process.

    Thanks.



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  • sam571
    05-08 10:20 AM
    Hey jvs_annapurna
    Congratulation on your approval .

    I have one question for you? Your new Company is direct client company (like Google, yahoo)
    or its a consultant?

    Because I am on H1 with consultant, but not able to find projects for last 6 months, and have a offer for a full-time position with very small start-up company? Should I put my legs in this transfer process ? or should I wait untill USCIS gets soften?

    Please advise Gurus,

    Thanks.




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  • paskal
    12-27 04:43 PM
    follow up call today
    details are the SAME

    10pm cst
    we will try to keep to the point and keep it short
    please attend



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  • Joozz
    09-21 09:50 AM
    Or may be the fact that they gave me new visa in the embassy means that everything fine with that extension?




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  • ItIsNotFunny
    05-14 06:00 AM
    __________All Other________ China _________ India __________ Mexico _______ Phillipines

    EB-1_________ C ____________ C ____________ C ____________ C ____________ C
    EB-2_________ C ________ 01 APR 04 _____ 01 APR 04 _________ C ____________ C
    EB-3_____ 01 MAR 06 _____ 22 Mar 03 _____ 01 NOV 01 _____ 01 JUL 02 _____ 01 MAR 06
    Other_____01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03 _____ 01 JAN 03


    Everything else is current.

    Link to travel.state.gov bulletin: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html

    Woke up too late! :)



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  • kminkeller
    03-09 01:51 PM
    Thanks va_dude.

    I completely understand that EB2 and EB3 are determined by the job requirements. I know the current job that I am going to do requires 5 years of experience and a Bachelor or Master degree. that is why I am convincing my new employer for help which they agreed to.

    I can imagine that i need to do all the labor and I140 as well. But can I apply for Labor without having an H1? as I have mentioned that my H1 had been voided after getting laidoff from my first company and am working on my EAD. Is it a good idea to switch EB3 to EB2 at this point? I have an set up an appointment with a lawyer this Monday. Thanks for the advice.




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  • ingegarcia
    04-02 05:16 PM
    Any applications postmarked before April 15, 2009 will be assessed based on the list currently posted.

    Hi,

    I send my AINP Application package on 18th March (H1-B worker stream) and was received by the AINP on 20th March. However I have not received any confirmation or a file number yet since it takes 2 months. Any idea if my application will be considered according to the current policies or according to the new changes that are coming up on April 15th?

    Please let me know.

    Thanks.



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  • Munshi75
    09-27 05:49 PM
    Try in any universities for a job or even in schools .I am sure you will come across an ample of opportunities. Pay may not be attractive nevertheless, will you keep to afloat .

    And next option would be (if have your GRE Valid), apply in some small schools for a similar but different program now and take admission in Jan 08. Search for small schools only.

    Hope this would help . Try first option , bet u will find soon.




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  • aj1234567
    09-27 05:04 PM
    Hi Gurus-
    One of my friends had received strange letter from the consulate saying that

    We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.

    With this letter we are returning your passport. no additional information or documents are required from you.

    We will contact you once a final decision has been made on your application

    Please advice me why they send this letter and what necessary action we need to take..


    Thanks
    Aj



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  • purplehazea
    01-25 04:50 PM
    wah wah wah wah!




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  • dealsnet
    01-08 03:43 PM
    Every one in my family renewed the passport during the process. We didn't inform USCIS. But give latest passport info in each stage in the forms.

    IVians
    I applied for I-485 during in July 07 and have I-140 approved.
    I renewed my passport last week, new passport number is different.

    Should I inform USCIS about this change?? is there any process/form for this?

    Please share experiences, I'm sure many of us must have experienced this.




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  • mdforgc
    04-07 08:46 PM
    Guys
    I think this is the time we have to work on the house conference committee members to the best. This is where we are gonna have probs. Core guys-- Can we step up some campaign for this- what is QGAs take on this? Dont mak eit public if it is sensitive.




    WaitingYaar
    10-01 12:32 PM
    My PD is current, and also my processing date is outside the processing times currenlty published by NSC and I140 is approved. Not sure why AOS is still pending. Any thoughts? What I should do to expedite this. Thanks.




    need4gc
    09-10 11:08 AM
    Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.



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