Thursday, June 16, 2011

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  • cbpds
    09-15 02:07 PM
    he is enjoying two types of freedom now :P


    Enjoy the freedom!





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  • andycool
    08-28 06:49 AM
    Any one get refund from USCIS ??
    I sent EAD application on 05/01,was approved on 06/14 and never received to my address,called after 30 days of receiving email,they said card lost in the mail and they suggested to apply replacement card.I applied for replacement card,approved and also received last week and since monday receiving emails saying card production ordered on old one which was mentioned as lost in the email.I just spoke to USCIS representative,he suggested to send a letter to TSC for refund request.

    any one sent letter for refund before ? do we have any form for refund ?
    How this will work out ?

    I dont think USCIS will issue refund ....





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  • smiling08
    09-19 08:52 AM
    HI All,

    I am curious how long does the I-824 gonna take, because I may need to change the consulate in Canada to activate my H1-B visa. But I dare that there is not enough time. Thanks a lot!

    Fan





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  • whiteStallion
    10-17 11:52 PM
    If you open a company on EAD, you are eligible for any positions that pay by W2 right?

    If you have an EAD, you can take up any job which pays by W2... Opening a company has nothing to do with it.

    If you are opening a company and you do Corp to Corp with any other vendor or Consultancy, then they will pay your corporation...and you get paid. From your side that is business income and you can deduct your expenses.



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  • krishmunn
    03-25 10:18 PM
    Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.

    No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
    Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.

    All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)

    Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.





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  • surabhi
    05-29 08:21 PM
    I have been working for a University for the last 3 yrs(2005-2008). The H1 they have is quota exempted and is non transferable. In 2006 a consultant A offered me a job and filed for H1b in the quota it has got approved.But due to certain reasons i have not joined them and still continued it the university job. In 2008 i got an another job oppurtunity with an another consultant B. They filed a H1 transfer from company A to Company B ,showing my university h1 that i am still in status.This H1 application by company B got denied and i have left the university job. Can i join the company A because they have an H1 approved in my name in oct 2006. I contacted consultant A and they still have not cancelled the H1 they have in my name.
    Thank you for the help

    YOu were in status until you were with the University. Did you start working with Company B pending approval. In that case you MAY be in status while you were working there. You are certainly out of status since your h1b is denied. Make sure you are not accumulating > 180 days.

    USCIS denial seem to be consistent with the fact that you cannot transfer from cap-exempt to cap based job. Even though you petitioned from Company A to B, your H1 in use was from the University.

    It should be possible to go back to Company A, assuming it is still valid and it has I-94 attached to it. The case is slightly complex, and a paid telephone consultation with a good attorney will be money well spent.



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  • webm
    05-28 10:43 PM
    Hi everybody,

    please help - the lawyer filed the original EAD/AP applications.

    Now I want to renew it myself - Should I fill an additional form (G - something for changing representation)
    if I am filing paper EAD/AP forms???

    Thanks....

    Yes file the G-28 forms as well..thats what i did too..





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  • singhsa3
    07-12 02:29 PM
    Hi Man,
    That thread is is informative but does not directly answers the question, as it covers variety of items. Personally, I just want know if any one who filled in July got rejected , if yes, what are the details. If folks are willing to stick to responding only if their 485 in July got rejected, with details. I would recommend to keep this thread.
    http://immigrationvoice.org/forum/showthread.php?t=6319

    In this thread people are discussing mostly for the July 485 cases, so the name is not exactly the "485 rejection", but similar situations are discussed here.

    Thanks



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  • 485Mbe4001
    03-28 04:34 PM
    Can you make the PD field numeric, sorting will be easier.





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  • newlife2
    09-19 10:15 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.



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  • gemini23
    07-02 07:46 PM
    Srikondoji,

    the reference to mexicans here is defnintely uncalled for and has racist odor. You could have used "illegal immegrant" as they can be from any country in the world. I would expect a little maturity and humbleness from a senior member. my word of advice..dont be frustrated...this gc game needs lot more patience.

    please apoligize and donate something to IV.





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  • maddunr
    11-09 12:58 PM
    Hi Paskal,

    I can help.

    1. I have a background in design and animation and about 5 years experience in Interactive Media in the marketing department. I can help out with interactive media, some video and animation (usually requires lots of equipment), illustration, identity design.

    2. Over the last 3 years, I've been working with Joomla and have a fairly good grip on its inner workings. My web sites have fairly good search engine positioning for specific keywords.

    3. In addition to the above, I have fairly good writing skills.

    So, let me know if I can be of any help. I have completed my profile. I assume that all information provided will be kept private :)

    - V



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  • rockrocky
    01-14 10:53 PM
    I have used Hopeforhaiti.com to donate.
    it is truly heart breaking to see the footage of the aftermath. I hope God gives them strength and courage to deal with the situation and the country rebuilds itself.

    ~R





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  • eb2_immigrant
    09-16 02:35 PM
    I would say go ahead with your plans, There is no risk at all. I got back from India 2 weeks ago,showed my AP (I was asked to join a seperate line for AP holders). Officer asked for my SSN# thats it.

    Do not wait for USCIS to make decisions.



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  • satyasrd
    03-30 03:57 PM
    I am not really sure why this really makes a difference. My perm was approved in EB3 in about 7 months but if I have to wait 30 years to get a GC what difference does it make ?!?





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  • satyasaich
    12-03 04:12 PM
    To the best of my knowledge, people like us who are waiting for Green Card are NOT eligible for any sort of unemployment benefits.

    Correct me if i were wrong.
    Note: Even if one earns 40 credits of work @ 1 credit per quarter which is 3months & if that person is not either Perm Resident or citizen, THEN no way one can claim for any unemployment benefits.
    Because i crossed that 40 credits already and still my SS benefits statement cleary says that i'm not eligible due to the fact that i'm NOT a perm resident a.k.a Green Card Holder
    Does anyone knows if Person eligible for AC21 porting is eligible for unemployment benefit?



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  • DSLStart
    09-16 02:33 PM
    I had bad experience entering recently on AP. Not for AC 21. But the secondary inspection officer gave me hard time over showing proof for emergency of travel. So just to be on safe side, be prepared for it.

    Hello Gurus,

    I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

    My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

    Thanks in advance.

    --Srinivas





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  • MKT79
    07-02 05:00 PM
    Application Support Center Appointment Rescheduling - July 6 - 10, 2009

    System errors caused a number of Application Support Centers to be overscheduled during the week of July 6-10, 2009. As a result, some applicants may receive cancellation notices for appointments originally scheduled during this timeframe.

    If you do not receive a cancellation notice, please appear at your ASC appointment as scheduled. If you do receive a cancellation notice, you will soon receive an ASC appointment notice for a new date and time, typically for an appointment within the next two to four weeks.


    USCIS Alert (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3e9815ecdd732210VgnVCM100000082ca60aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)





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  • diptam
    01-16 12:45 PM
    indyanguy,
    Sorry to see that USCIS is bugging you. I think i know you from the "Letter to Ombudsman" forum ... I also got a useless RFE but not for experience letter, so you may use my experience letter as benchmark.

    I asked my friend ( who is a Project manager at my old Company) to getted it notarized ( what we call attested at India) from the local Bank. The Bank officer will just make sure the undersigned is the actual signee... No company HR will do all the crap , so its better to go via the Friend/Ex-coworker route ... Unless you get GC , you need to maintain old relationships :) anyway , here you go ....

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
    May 05, 2007

    RE: XXX YYY


    TO WHOM IT MAY CONCERN:



    This letter is to verify that Mr. XXX YYY was employed by GGGGGG as a full-time Software Engineer from August 1998 to October 2004.During this period he worked 40 Hours per week.

    During the period of employment at GGGGGGG Mr. XXX YYY�s duty were to Plan, design, develop, test and document application software using XML, JSP,EJB,JDBC,ASP,VB,COMObjects,XSL,JavaServlets,Ja vascripts,DHTML,Linux,CSS,Domino & Lotus Notes,.Net,ASP.Net,SQL Server 2000,WebLogic,Websphere with ORACLE database in Windows and Unix environments.


    Mr. XXX YYY has always rendered his services with the highest degree of responsibility and professionalism and we wish Mr. YYY all the best in his future endeavors.

    Sincerely,




    _____________________________
    Mr. CCC DDDD
    Project Manager

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

    Thanks.

    What is the difference between an affidavit and a letter? Affidavit is one that is not on a letter head and a letter is the one on a letter head or it depends on who is writing the letter?

    Does 1 each serve the purpose?

    With the initial packet, I had sent
    1 letter from Company A (By the director on letterhead)
    2 letters from Company B (1 from colleague on letterhead and 1 from HR on letterhead)





    gceverywhere
    06-10 08:00 PM
    1000+ views in 8 hours but only 2 more people have called all representatives during the entire day today.
    Seriously, what will it take for the rest of you to call?

    Some of you don't like the title of the thread. I understand your concerns but I don't know how else to wake people up. Guys, I'm risking going from a 'green status' to 'red status' here on IV by continuing to push this thread but if that will make a few people call the representatives then I'm willing to pay the price.





    GCNirvana007
    10-08 04:14 PM
    I got my green card from Company A. During my labor process i renewed my H1B from Company B which expired last month.

    Right now who is my employer Company A or B or none of the above?.



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