Tuesday, June 7, 2011

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  • Nickjr
    10-10 12:35 PM
    Yes I have done recently ( Last week)

    I went to France consulate and all they wanted to see was my EAD so if you have Valid EAD u should be fine

    Thx
    Praveen





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  • bsbawa10
    09-06 08:57 AM
    I am starting this thread to collect examples of inefficiencies and inconstencies of USCIS . Also examples of hiding data by USCIS.

    Whenever you give example of your experience if possible add:
    1. Dates
    2. Details of what happened
    3. Action that you took and reaction by USCIS.

    Some of the examples that I have seen on this forum are 1. Wrong photograph on AP 2. Totally different answers from customer service 3. Internal memo in USCIS not made public about holding visas for EB2 India etc.





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  • goel_ar
    01-10 02:08 PM
    As per lawyer, there is a way of doing this using some 'temporary' # by payroll company.
    In my wife's case, her company didn't attempt to approach payroll company. She was paid after she received the SSN.
    Side question, very much related to OP's question.

    How to run the payroll while you still waiting for SSN?

    My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?

    I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.

    I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?

    Thanks





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    04-26 05:13 PM
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  • krishnam70
    05-06 04:29 PM
    Hi Morchu,

    Thanks for you reply.

    Yes you replied to my question in other Thread... but you thought I did't exhausted my 6 years...




    But Iam already in 7th year. Based on my situation I want to make sure whether Iam eligible or not for applying one more H1 while other (H1 appeal is pending). So I posted my request here too.

    Thanks again Morchu for your responses.

    Morchu's suggestion is a very good one. You file for a premium H1 with all the documentation and new approved I140. Can you share why your previous 485 was rejected?

    -cheers
    kris





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  • reddymjm
    06-13 05:43 AM
    for the case mentioned in this thread, will the priority date be the date of filing of Labor cert or the 140 approval date after the candidate moves to a new employer after 140 approval? could someone please clarify this for me. will greatly appreciate it.
    PD is always LC filing date. He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140. There might be a little risk if the old one he got was a sunstitued one.



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  • HOPE_GC_SOON
    07-19 04:35 PM
    Thanks Meridiani.

    Is TSC doing Pre-adjudication Now a days ? Any Clue Gurus.. Otherwise, we have only 50% Chances.

    Let's keep fingers crossed..

    Thanks,


    preadjudication is where USCIS processes your case even when visa numbers are not going to be available: meaning ur PD is not current, they know even if all is well they wont be able to approve, but still they go over everything, issue an RFE is something is not ok etc. If all is well, the case goes into a pre-adjudicated stack, and once visa numbers are available, they simply pick up a file from that stack, assign it a visa and mark it approved. This is how lots of people got approvals last year in july VB.

    pre-adjudication has three advantages compared to starting to process only when teh PD is current:
    - If they wait for PD to be current to pick up a file and start looking at it, there is no way they can process so many cases when the PD does go current, or when dates move significantly towards the end of the year. This is how they processed nearly 60k cases in 2 months last year.
    - if PD is current for a short period (1month or 2) and thats when they pick up your case, if you get a NOID you could end up missing the window by the time you respond and they pick up your response.
    - its helpful for them because they can weed out cases that are not going to be approved, earlier and they dont end up giving interim benefits to those people.

    ur status does not change when your case is pre-adjudicated.





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  • kosars
    09-12 03:13 PM
    Hello Guys,

    I was wondering if any one of you have any estimated time for FP notice from TSC?

    My 485 ND is August 27 from TSC (case originally filed at NSC on July 2nd which later got transferred to TSC) but haven't received any FP notice yet. Is TSC slower in issuing FP notice?

    Also, I believe that it may depend upon the ASC office situation as well. I am from NJ so may be Newark ASC must be "overbooked" now for FP.

    Any ideas? Thanks.

    i got mine in 1 week after the ckecks were cashed and RN mailed.



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  • ras
    07-09 09:47 AM
    back in our o'l days we used to say time will come that people will line up for visa to work in India. I kind of see this first article towards that end coming to reality. B'lore is the second choice for people to work outside USA. wow that is great to know.

    Tech job moving abroad? Offshore yourself with it!


    http://news.yahoo.com/s/infoworld/20080623/tc_infoworld/102534




    Ephraim Schwartz Mon Jun 23, 6:00 AM ET

    San Francisco - If your job is moving overseas, maybe you should move with it. Many American IT workers have looked with increasing worry as programming and datacenter jobs shifted to India, China, Eastern Europe, and elsewhere, with companies seeking cheap labor and Internet connectivity making offshoring a plausible business option. Or perhaps your job is staying in the United States, but being handled by an H1-B-visa-holding immigrant or a foreign consultancy such as Tata Consulting Services and Wipro that tends to import its own workers. While some companies have found offshoring to incur more costs than savings when management and quality issues are factored in, it's clear that IT jobs have been globalized and will stay that way.
    ADVERTISEMENT

    Even if your job is not leaving the United States, you may want to move overseas to a tech hotbed to develop new skills or simply to gain the experience of living abroad.

    [ UseInfoWorld's interactive map to learn about 12 hot cities and 6 regions you should consider for tech jobs abroad. ]

    The most popular types of tech jobs outside the United States vary considerably, and emerging IT centers are themselves trying to diversify their own areas of expertise. But as a gross generalization, product support and business process development positions are more likely to be in India than in Indianapolis; embedded software development positions are more likely to be in China than Cincinnati

    Outsourcing yourself to another country is not a new idea. Dubai, in the middle of the Arabian desert, has more ex-pats from around the world, with the majority Yanks, than local residents.

    Taking an assignment in another part of the world -- especially in economically emerging countries -- will enhance your r??sum?? and your chances of getting a better job once you get back to the United States, say the experts. [Story continued below the map].

    "There is a tremendous demand. Every CEO worldwide is interested in China as a market," says Sam Lee, managing director of the consultancy Dextrys.

    And these executives want IT people who have experience working there in order to liaise with local executives.

    [ Have you worked overseas in high-tech? Tell us about your experiences, good or bad. ]

    The paths to working overseas
    How realistic is it to move overseas for work? The answer varies based on the country and, of course, your personal circumstances. Family considerations -- such as finding a job for your spouse and a school for your children -- can make an overseas move much harder for a family than for a single person. In terms of the basic process, however, there are three routes to getting a job overseas.

    The first is to get a work visa in the destination country, the equivalent of the H-1B program in the United States. This typically requires that the employer sponsor you and go through a process proving you are not taking a position a local could fill.

    The second is to get a work-rotation visa in the destination country, the equivalent of the L-1 program in the States. This type of visa lets companies rotate employees among their offices in various countries. It's often used for executives to help them gain experience across different corporate units but can be used for other positions as well. Global consultancies, federal agencies, and multinationals are the typical venues for such positions.

    The third is to use dual nationality you may hold, such as from being the spouse or child of a foreign national, to seek work in that other country. After all, as a citizen of that nation, you have the same employment rights as any other citizen. (The fact that you are also a U.S. citizen doesn't matter, at least in countries that allow dual citizenship.)

    The fourth is to set up your own company in the United States and be a consultant overseas.

    Some locales, like Costa Rica, actually make it easier for foreigners to come in and start a company rather than come in as an employee who might be taking a job away from a local.

    The top regions and cities to explore for overseas tech jobs
    Based on dozens of interviews, InfoWorld has come up with the following regions and cities worth exploring if you want to offshore yourself:

    Regions:
    * Asia
    * Canada
    * China
    * Europe
    * India
    * Latin America

    Cities:
    * Amsterdam, the Netherlands
    * Bangalore, India
    * Dubai, United Arab Emirates
    * Dublin, Ireland
    * Hong Kong, China
    * Kiev, Ukraine
    * New Delhi, India
    * Paris, France
    * San Jos??, Costa Rica
    * S??o Paulo, Brazil
    * Shanghai, China
    * Tel Aviv, Israel





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  • snathan
    05-23 06:15 PM
    Here is Ron's reply for the questions/concern

    Hi Ron,

    Tons of thanks for your time and this letter. Though most of the case are pending with Atlanta, there are few people struck with chicago as well. But the number is very small compared to atlanta. This template sounds very good to me, I will post the same at IV and let you know the feed back. Also I will direct the folks struck in chicago to you, they can hire you if they want you to represent them or I will ask them how do they want to proceed.

    If we give the case number and employer name, would there be any impact/side effect ?


    I will keep you posted and thanks a lot for your time

    ===========================

    Reply from Ron:

    All of the Chicago cases have been transferred to Atlanta. If the Chicago guys want to talk to me, I’m happy to do so. They don’t have to hire me if all they want is information. As for putting names and case numbers, without that information, they won’t take the letter seriously. Also, I think that this will get the DOL to move on those cases. Almost every time I have made a specific complaint, they have responded by resolving the case right away in order to make the whole thing go away. It wouldn’t surprise me to see the same thing here.



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  • USDream2Dust
    06-14 11:08 AM
    Thanks for quick reply. I know that company can rent out but I am just betting for 1 year. That would give me some boost to pay part of mortgage. Later I would even manage on my own.





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  • dpp
    01-23 11:59 AM
    I also got the similar letter from Indiana Senator.



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  • Pandi
    03-28 02:21 PM
    Thanks to Thomachan (for highlighting why legal immigrant's children should be considered in the Dream Act) and Sanju ( for focussing on the key decision makers who can influence this). I am sure we can make atleast an attempt to get this included. :). This will help legal immigrants with children in high school and college to a large extent.





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  • guitarbam
    01-24 08:17 AM
    I just got my Labor approved a couple week ago and now i want to file I-140 premium processing. But my lawyer's not allow me to do that coz once my I-140 approve i can't file my 8 th year extension. My 7th years H1B will expire on Aug 30, 2007.

    I'm very confused now, on my understanding once i get my I-140 approve, i'm eligible to get my H1B 3 years extension.

    FYI: i chose CP opotion, is that make me not eligible to get my H1B extension once my I-140 approve?

    Please help and Big thanks



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  • rbalaji5
    02-20 07:29 PM
    Just an FYI, I applied my wife's I-485 with the Birth Certificate issued by Indian Embassy in Houston, TX....I went there personally and got it issued the same day...They issue it based on the DOB in your passport...Then later I got her BC done from the local municipality along with affidavits from her parents...I sent them to my attorney and he said he will only send them to USCIS if they send a RFE asking for the same.....He said its of no use to mail them without an RFE as they will lose them.....My PD is EB-3 India Nov 2003, and I haven't received any RFE so far regarding her BC...

    Is there any LUD for the filed I-485..If there is a LUD and no RFE, then I am surely go and get one from Indian embassy.





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  • neeidd
    10-15 11:42 PM
    Not sure what they do in the secondary inspection.. In my case they asked no questions at all.. Just asked me to sit and wait while they entered / checked something in their system. I was in and out within 20 mnts.
    Thanks for your response



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  • sunnymit
    08-10 04:32 PM
    A question on consular processing vs I-485. She already has a tourist visa. Also since she is deriving her green card status from mine, her priority date is current. Could she come to US on her tourist visa and we file for I-485 here instead of doing consular processing?

    Thanks,

    Dinesh

    I don't think that it works that way. I believe she needed to be in US already on a visa that is not short term - perhaps H4 or F1 or something. I am not too sure though. You should consult with a lawyer prior to taking any action on this one





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  • theconfused
    04-02 10:21 PM
    Hey Dontcareanymore,

    You are right.

    For other folks, here is the summary -

    1) Got H1B visa stamp valid from August 2007 till August 2010.

    2) Started working from October 2007 and Was laid off in November 2007.

    3) Joined a consultant (IT) in December 2007. Got the training but never pursued any job as did not like the IT field.

    4) Found another job in my field (chemical engineering), filed for H1B (premium processing). Got approved without change of status in March 2008 (I-797B) .

    6) Attorney said that i have an almost brand new H1B visa so don't have to get a new visa but have to bring myself back into status by re-entering into US. Did that in April 2008. Total number of out of status days = 134. Started working for this employer from April till 30 September 2008.

    7) Found another job. Changed the job. Got the I-797A (with I-94). Working with them since October 2008. This new petition is valid from 1 October 2008 till 30 September 2011.

    8) Came to New Delhi for visa stamping on 25th Feb 2010. Had almost 20 to 30 minutes long interview.

    9) First VO asked normal questions such was job duties, salary, last 3 pay stub, W2 form etc.

    10) Then VO found out from the form DS 160 that i have checked on 'out of status' checkbox. She asked what happened. I explained it.

    11) She went to consult someone else. Came back and gave me back all the documents and asked that someone will call me on another counter.

    12) Another lady called me on different counter after 30 minutes. She sounded friendly and gave me a 221 g form (pink). She told me that it will take 6 to 8 weeks to finish the admin processing.

    13) 221 g form had questions like resume, thesis, publication, last 5 travels in US etc.

    14) I asked the lady if i can go back on my current valid visa and new I-797A. She went to consult with someone else and said that yes i can go back if i want to and the embassy will shoot me an email when they need the passport for visa stamping.

    15) With my best judgment, I left India for US on 3rd March 2010. At POE (Chicago), forwarded my passport (work visa valid till August 2010) with the I-797 A (valid till September 2011). CBP officer gave me the I-94 valid till September 2011.

    16) On 16th March 2010, got an email from embassy that they need my passport.

    17) I asked if they have received the clearance. They sent me back the automated message that they need my passport.

    18) Called DOS to know the status. They said that they can only see on their system the information submitted by the embassy and not beyond that. And the latest information embassy submitted was that they need my passport. The also mentioned that they don't have any idea why the embassy needs my passport. And 221 g is not cleared yet.

    19) With best of my abilities, made a decision to go back to India and submit the passport to vfs.

    20) Came to India on 29th March 2010 (early AM) and submitted the passport on the same day.

    21) Passport was sent back to me on 1st April 2010 with the visa stamped.

    22) The new Visa expiration date is 29th March 2012 while I-797A expiration date is September 2011. Why is it so i do not know.

    23) Checked the status on the New Delhi embassy website for 221g and it still says that the case is pending though i have received the visa stamp. It indicates that embassy folks do not update the case status report for 221 g.

    Please feel free to ask any question.

    Thanks a lot to all of you reading this...





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  • saileshdude
    04-16 11:23 AM
    Hi RareRFe,

    Can you post a scanned copy of your RFE here. You can take out all the personal info.





    rockstart
    09-12 10:08 AM
    Point is not wikipedia or other site. They should be relying on information provided in proper legal format and not on some internet based site. Example if some one is working for Microsoft and if I google the keywords I might get some website which says how MS products are bad and how Bill Gates has stolen technology from XEROX etc. Which is all nonsense and no way concerns with the application in hand's of the IO. So they have the liberty to ask for more information where ever they need but they should not prejudice themselves by reading internet based information.





    sanjay
    01-20 02:10 PM
    Look is good. But, for me I liked the old one. May be it would take some time for me to get used to new look. Site seems to be slow though.
    Best thing was the candidate history infront of his name.

    Anyway, good job done Admins. Best of luck.



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