Wednesday, June 15, 2011

journeyman project

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  • delhirocks
    07-03 12:21 AM
    Yes, it's my case that just got approved. See my signature for dates.

    Congrats, This is the only positive that came out of this fiasco. Iam sure its big relief for you and potentially 60,000 other filers. Enjoy...





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  • mdipi
    10-21 06:37 PM
    i heard that steve ODed on drugs, thats why he left. almost dieed.:evil:





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  • seahawks
    09-09 12:51 PM
    Calling all WA State (OR also) IV members to join yahoo group. We need to coordinate stuff and contact all of you as a group, so please join the yahoo group created for channelizing IV message, organizing and sharing the vision and bringing awareness to Northwest region on Legal Immigration issues.
    http://groups.yahoo.com/group/WA_Immigration_Voice/



    Thanks and appreciate your help





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  • sanju
    04-17 01:08 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have give a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase.

    I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??

    I truly understand your position my friend and feel sorry to see you go though this.

    Here is my suggestion -

    Start going to doctor complaining for chest pains, stress, lack of sleep etc. Sign the contract and get your green card. After getting the green card, sue the employer for harassment, exploitation, metal trauma and stress by showing the medical record and visitations with the doctor. And don't worry about this contract, it is illegal and non-enforceable. So don't worry about it and sign it with closed eyes without a second thought. If I were you, I would do the exact same thing.

    I think some employers are good and they take care of employees. And like everywhere else in the world, some employers are exploitative and the law doesn't provide provisions to protect/empower the H1b/non-immigrant employees. On top of that, IEEE and Ron Hira want all of us out and are working to put in harsher conditions. They are not suggesting change in law to empower us to prevent any chance of exploitation. So we need to organize ourselves and become part of one organization that could represent us all.



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  • fromnaija
    04-05 04:27 PM
    I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
    Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
    I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.


    Being from ROW, porting PD is least of my worries because PD for EB2 ROW is current so I don't really have to port my PD. My only concern is if I have enough time to get my I-140 approved from the new employer so that I can continue to extend my H1B. From my calculation above, there is enough time but I am not sure if have missed any steps or miscalculated the processing times.

    As for EB2 from the current company, that isn't working out well hence the drastic measure to move company.





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  • ravi2patel
    07-23 11:19 PM
    Hi,
    My situation is as follows:
    1) approved RIR labor 2002
    2) approved perm labor 2005
    3) approved i-140 2006 (PD 2005)
    4) ALL of above for company-A. 2006 company-B took over.

    My lawyer said i cannot file and have to start again with new labor as merger/acquistion was 'asset only' type.

    I want to self-file i-485 giving the company "name change" letter as the only proof along with the rest of regular documents. Company-B employer is in 100% support of my application.

    SHOULD I just waste $$$$ money or take a chance ? PLEASE HELP...TIRED OF WAITING FOR LAST 5 years :(

    Regards,
    -Ravi



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  • mjdup
    05-31 09:50 AM
    Just contributed...

    The math does look good pthoko but do you think all 13K will step up especially the ones whos PD has become current !

    I'd be glad if atleast 1K contribute. Can you imaging the power IV core will get with 1.3 mil, I can only say WOW !





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  • abimanyu
    09-11 07:10 AM
    My significant other's labor processing begain in DEC 2002, the application was made in Jan 2003, and it reached the Dallas BEC on July 2003, here labor was certified on Aug 2006, and we received notice from the lawyers day before yesterday. Now the next wait begins, for PD to become current.

    It took 3 years for the 1st stage processing, maybe it will take another 6 years to complete the 2nd and 3rd stage processing. If this trend continues I might be ready to retire by the time the GC arrives.:)


    After reading this, I was not sure whether that 140K included the Labour backlogs. I know the BECs have been a lot more active lately and have been pumping out approvals/denials more rapidly.
    If infact 140K backlogs do include them, then perhaps that would be a good thing, since atleast then we can perhaps begin to get our arms around this and understand how long our waits will actually be.
    One thing is for sure they have definitely stepped up the speed of things at the USCIS with other filings after retrogression hit.



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  • enggr
    10-12 12:37 AM
    Hi Friends/Gurus,

    My attorney received an RFE on H1B extension last week.
    The details of my case are

    2004-Oct-01 -- My H1B started
    2004-Nov-20 -- I entered the country on H1B for the first time
    2008-Dec-25 -- Date till my current work authorization (I-797) is valid
    2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th

    2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
    2008-Oct-8th -- Attorney received the RFE

    When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible

    What's the RFE
    Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
    ------------------------------------------------------------------------
    I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
    On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
    Do you think the attorney should have given the intended period only until 11/20/2010?

    The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted

    My worry
    My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).

    My questions

    1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?

    2) Please advice me on how we should resopnd to the RFE and what date we should request for.

    3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?

    Your help very much appreciated. Please reply to this as my legal stay is based on this.





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  • katrina
    01-04 02:52 PM
    Hi,

    I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.

    Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.

    Thanks & Regards,
    -- Venkat


    I-539 is the request to extend or change the immigrant status,
    I don't think your wife can extend her H1b status after she change it to H4 by filled the I-539 from. The only exention in I-539 form is extension to stay.
    I'm not a lawyer but as far as my experience, In order for a person who previously has H1b then has H4 get back to their H1b again, they have to reapply for a new H1b visa (the process kind a similar like transfer H1b since it will not count toward the caps).

    My sugestion right now is consult with another lawyer and see what they suggest. If you have the ins receipt for the extension (from I-539), see what stated in it. Hold on to that receipt.

    you can't rely of people opinion regarding your case, when you have trouble and if you have a good lawyer they should represent you and assure you that they did the right thing. If you're not sure about your lawyer ask another lawyer, keep looking for a lawyer that can give you suggestion and make sense.

    Good luck.



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  • FinalGC
    05-01 11:05 AM
    singhsa3:

    You are missing one important point......You are trying to move the way state and federal govt works. State govt work environment is very similar to Indian or Chinese Govt....Logic and ethusiasm to change is missing here....

    You have to work for State Govt to know this fact. The only way you can get them to do stuff, is being at a Director level job in the USCIS or perhaps lobbying with Congressmen. They only understand laws and policies.

    Anyway I do not want to discourage you......Keep up the enthusiam dude!!!

    What you may want to do is, write to the NEW Director, with your proposal and also send a copy to all the senators who have recently proposed new EB related immigration bills. This might make an impact...





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  • Pineapple
    04-27 07:56 AM
    read this:

    Congressional Dems Say No Immigration Bill Anytime Soon - The Gaggle Blog - Newsweek.com (http://blog.newsweek.com/blogs/thegaggle/archive/2010/04/26/congressional-dems-say-no-immigration-bill-anytime-soon.aspx?hpid=topnews)



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  • logiclife
    12-20 07:00 PM
    She mentioned:
    "We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."

    Source:
    http://www..com/discussion-forums/i485-1/52168049/


    ENJOY!!!!

    Nonsense.

    Their 485 got approved by mistake by USCIS, even though their dates were not current. It has happened in few cases since July, when non-current 485s have been approved.

    Sending an expedite request for 485 would not work if the date was not current. If it worked, everyone and their brother would find the neccesary emergency that is needed to get 485. Financial loss for individual or company as an "extreme emergent" situation is not uncommon and not hard to prove.

    She is pulling wool over everyone's eyes because she thinks that her case got approved in mistake and doesnt want to draw attention to that fact. So she is trying to divert attention by saying "oh, we got our GC by expedite request, but I wont tell you what the expedite request was".

    That's really cute. But the reality is, that 485, if it got approved, got approved by mistake and she should stop worrying and dissembling information as no one is on a crusade after her or her husband and people have their own problems.





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  • GCNOMAD
    03-07 01:51 PM
    Hi,

    I was exactly in your same situation last year - When I re-entered the country, I was given an I-94 till the pp validity, later I renewed the pp promptly but overlooked the I-94 end date and realized it after a month. Following is my story and what I did.

    When I noticed the I-94, seriously I dint know its expiry implications, but casually mentioned it to my employer,,,for just in case reasons. They guy was so upset and put me on to the company attorney for further advice. First I was adviced to approach the local CPB office, which I did, but turned down by the CPB office saying that I need to leave the country and re-enter !!!. But its very inconsistent with different CPB offices, because I read that some CPB offices (the one in chicago I think) entertains and give a new I-94, but most of them dont. So now I was left with only one option to go out of the country and re-enter. So applied and got canada visit visa, I booked a weekend flight to Vancouver Canada, flew out and returned back in a day and I was issued a normal I-94 now untill the end date of the visa !!!. Ridiculous as it sounds, to spend that much money for nothing. But blame the broken system. Infact to avoid the canada visa option, I was shopping for flights to India, just to go for one day and come back and the travel consultant was literally laughing at me that I am going all the way for just a touch down...She cant understand my pain.

    Some lessons learned from my above experiences and some points that might help you -
    1. The truth is, when your I-94 expires, you immediately loose your authority to work
    2. There is a misconception in H1 world that you can continue for 180 days. But the 180 days time frame is just a time window for you to leave the country. Again, you can stay here for 180 days before you leave, but you cannot work.
    3. Try your luck with the nearest CPB office, if you are close to chicago you have better chance I guess, but I tried in LA and they bluntly said that I need to leave.
    4. In my case, though the I-94 expired, fortunately by God's grace, I had my 485 applied / EAD approved, so the attorney said that I have no complications to continue work (dual status), but have to renew the I-94 if want to maintain the H1 status.
    Take the above 4th point as its appropirate for you case.
    5. When you go to the CPB office, just pretend innocent and tell that you need to renew I-94. But if they refuse, DON'T keep negotiating for long, because they may put you in trouble.
    6. If CPB office visit doesnt work out, then quickly take a flight out and return back. When you go to Canada, most of the cases the airline takes the I-94 from you, if they dont, then take it away yourself.
    7. Either to Canada or Mexico, dont plan on travelling by car. Fly out and fly in so that you have sure chance of getting new I-94.
    8. There are ways that you can apply for the extension of I-94 here itself but your attorney has to go thru USCIS procedures and its very complicated.

    After going thru all those documentation pains for applying for H1, and later after the approval after all those awfull experiences to get appointment/stamping at the american consulate in India, you get the feeling that you are fully authorized to work in US. But still that small piece of paper issued during the entry has this much importance. Its illogical that you can renew your passport sitting inside the US, but for that piece of I-94 paper you need to go out and come. Give me a reason to prove that this is not a broken system.

    And before I go,,,, here is something to laugh. My wife and kid when they re-entered US, their passport expiry was before the visa end date, but guess what, their I-94 was correctly/(or mistakenly) given untill the visa end date !!! Anyway, thru some immigration officer's mistake God saved my wife and kid from going thru what I went thru...

    I hope this helps and I wish you the best of luck to get it in the local CPB office itself.

    God Bless.



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  • anilsal
    09-17 12:36 PM
    2 times I returned back from Intl trips, the officer kept 1 original. I am left with 1 original. I have one intl trip to make before my renewed AP arrives.

    From the discussion, I think the officer will stamp the last original, make a copy and give the original back.





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  • ranahosur
    07-29 03:08 PM
    Thanks for the all the replies.

    I talked to the Department of Labour representative. I was told that it is ILLEGAL to ask the employee to reimburse the H1B cost. If asked to do that, I can file a complaint with DOL against the company.

    Thanks for all the replies.

    Thanks
    Raghu



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  • anilsal
    01-28 12:25 AM
    What about others?

    Ready to file your EAD/AP renewal? :cool:





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  • JunRN
    10-31 07:08 PM
    Today is the 90th day of my EAD application...no status change at all...





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  • gotgc?
    09-16 06:48 PM
    Yesterday my employer received notice that my co-workers I-140 was denied and when she went home she received denial notice for her I-485 too. She filed EB2 concurrent.

    Hi,

    I agree...I am not sure whether your co-worker had another approved I-140... My lawyer said that if I dont have my other I-140 approved, my I-485 would be denied too..since I have that, she is saying that my AOS will continue to be active based on the other I-140...i want to confirm that whether its true and how can I verify that?

    Gurus..please share your thoughts....





    crazylad
    05-10 08:17 AM
    My H1 sponsor informed me that the check he submitted along with my application on was encashed on Wednesday 5/7 - Non-masters non-premium processing:)





    chanduv23
    09-25 10:29 AM
    http://www.reason.com/images/07cf533ddb1d06350cf1ddb5942ef5ad.jpg

    Enjoy

    Excellent - explains everything



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