Sunday, June 26, 2011

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  • jetflyer
    06-13 01:27 PM
    You have to stick to Software Engineer field in order to take advantage of PD recapture. If you move to Business Development using MBA than its hard to justify same or similar. Find a new job which requires EB2 and show BS+5 to qualify.
    Hope that helps!

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  • jaithran
    11-16 09:53 AM
    Lol, how abt employers (exclude body shoppers) deciding on what category you should belong to based on your performance. Because just getting a Masters degree from US school doesn't mean you are better than a Masters degree holder from a non-US school. And this is often proved in many MNCs.

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  • GC_Optimist
    12-02 03:00 PM
    Babu, thanks for confirming that this stupid rule is in fact true. I always wonder how USCIS gets crafty in making new rules.

    It will be easier to just get the stamping done in INDIA. That way, will get stamp till 2010.

    Looking at reply from Babu. I think Babu. got I-94 corrected through Amended H1 (INS) . and then travelled to INDIA. While returning from INDIA
    by the last updated rule He would have retuned with a valid I-94.

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  • ajay
    10-01 12:32 PM
    It takes one week to get the visa stamped. I did it and went to India in August. They will schedule FP for you in a location close to you.


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  • vvr_rao
    09-01 11:21 AM
    You can contact your local Senator's office. They proved very helpful in my case. (I got my EAD within a week of contacting them)

    One thing I noticed was that when I contacted them about my EAD renewal delay, they also followed up on my pending GC app. and sent me a letter saying that the date wasn't current. I guess in your case they might prod USCIS to process your GC quicker...

    ...anyway... best of luck with both apps. Hope you get them soon

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  • Guig0
    01-03 09:29 AM
    my computer is still on repair, and I really want to participate on that battle (I already lost one because of that), I know that soul is going to win :P but battles are fun:)


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  • samirpatel08
    08-04 09:47 AM
    How can I do it? I could not find an option to change it.

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  • rajuseattle
    09-18 04:00 PM
    I believe USCIS is trying to comlete the receipting job from all the Service centres.

    so you wont be sruprised if folks started reporting their receipt numbers start with EAC (for Vermont).

    Let USCIS do their job of receipting everyone who filed in July-Aug 2007.

    Ultimately processing will be done at USCIS NSC and TSC for I-140 and I-485 due to their bi-specialization program.

    So no worry be happy...Support IV


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  • vnsriv
    03-03 03:05 PM
    no its not.


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  • emmie
    12-08 04:31 PM
    My 6th year H1B is expiring on April 28, 2008. I applied labor through PERM on October 2, 2007. I got the audit letter on December 3, 07. This audit letter does not state anything about the issue of the audit letter. However, the sentence �The job duties and/ or requirements are beyond those defined for the job by SOC/ O*Net code an Occupation Title provided by the State Workforce Agency� is highlighted in this letter. The letter also request for Business Necessity Letter and Recruitment Report. My case is the EB2 case for a Project Manager position with a minimum of 2 years working experience. A couple of programs and knowledge in the field are also required for this position. At the recruitment times, there are no applicants applied to this position. The company has approximately 16 employees including me.

    I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.


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  • sjax
    04-17 03:40 PM
    Applied for H1 extension at Vermont (Premium Processing).
    working for the same client for more than 3 years.

    Submitted paystubs, timesheets, w2 etc for RFE..

    But still rejected the petition saying he needs a letter from client describing my job duites and responsibilities etc.

    Now filing for a motion....

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  • sledge_hammer
    02-15 02:47 PM
    What makes you think that everybody fakes theirs resumes? You are talking like its just a matter of fact that faking resume is the only way people get jobs (and what is this project business????). I now know that YOU got your job by faking your skills. And shame on you for doing that!

    You conveniently missed out the 4th reason in your list
    The employers filed for H-1Bs kowing very well they did not have a job to give to the candidate. The immigrants would come to the US, get "trained" to lie their way into a job, pratice more lying, fake reumes (like you have), then get into a project, get fired in 1 month or 2, go on bench, unpaind, find another project by practising more lying, and so on.

    My friend, I take my statement back when I included you in the genuine candidate group. You are no better than the OP. You fakers deserve to end up in prison!

    To answer your original question: not a single line on my resume is fake. And I'm not working on "projects". I have a full-time job and I'm with the same employer for the past 4 years!!!!!!!!!

    Get out of your desi consultancy world for a change and see how the world outside of your little fakers club works. Not everybody is lying their way into "projects".

    Pllleeeease dont act sacrosant.. dont tell me you never faked your resume about your project to get a break.

    The reason the DESI body shop companies got raided and charged are because they
    1. filed H1 from IOWA because they knew that the wait period was few weeks and then used those.
    2. They used faked/forged documentation to do that, not one but probably hundreds of cases. You dont get charged with mail forgery etc for nothing
    3. They used those H1's to employ the candidates in other areas which beats the LCA from IOWA since they got certified from IOWA DOL that jobs aspirants of that nature did not exist in that area for the salary they were getting paid..

    You sound as if you want that guy to leave everything and go back to his home country because he has lost his job. I BET if you were in a similar situation you would do something like that and dont be pretentious about it and be a hypocrite. If it becomes untenable for the person to stay any longer here without the project he/she will leave anyway.

    I have just pointed out a way to get a reprieve for few extra days and its not going to cause a 6 year backlog in your dates.. so chillout



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  • rakesh_one
    04-07 03:28 PM
    Read this!!!!! they did not use all the recaptured visas from last time

    The large num-ber of LPRs in the employment preferences in 2005 was primarily due to the American Competitiveness in the 21 Century Act of st2000 (AC21). This Act resulted in the recapture of 130,107 unused employment-based visa numbers from 1999 and 2000 to be made available to first, second, and third preference employment-based immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005, none were used in 2006, and 7,312 were used in 2007.

    In 2007, the number of employment-based preference immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005
    that allowed the recapture of 50,000 unused employment-based
    visas (4,743 of these visas were used in 2007) and provisions of the American Competitiveness in the 21st Century Act of 2000 that
    permitted the recapture of 130,107 visas (7,312 of these visas were used in 2007).

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  • adde72
    03-15 09:25 PM
    3 options

    1) file H1 on Apr 1st and if H4 is not approved by then withdraw pending H4

    2) file H1 on Apr 1st before the current H4 expires and hope that H4 is approved before H1. H1 should be approved after H4 to have the H1 status. If H4 is approved later, H1 status will be lost

    3) Request PP of extension and 99.9% of time 539 is approved along with 129.

    I will add more info as I find.

    Hi nixstor,

    Looks like you had done some research in this matter . Can you advise me . i am also in the same situation like yours .

    My current H1 is going to expire on june 07 along with my wife's H4. I applied today for my extension along with the H4 in premium processing. Shall i go ahead with the new H1 for my wife on April 1 in regular processing even without waiting for the extension or wait for the approval?
    Any issues with that approach?


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  • corba
    05-09 10:52 AM
    I am already actively participating in all the event for "Filing 485 when PD is not current" in immigarationvoice ...

    I sent my contribution amount for IV's April month washington campaign also ...

    I understand 221g is an action to prevent fraud. But at the same time consular officer should give a chance to prove visa applicant's point at the time of interview. In my case I had most of the docs at the time of interview, Why don't they accept those docs and start processing immediately, then I would have saved some 3 weeks ...

    Moreover, Not all ther employer will hold your position, If your case is taken long period for approval. They have to run their business ...

    So I would expect DOS should change the way of handling 221g cases. Right now It's too lenghty and more confused ...

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  • Mount Soche
    12-13 09:59 AM
    I got notification for winning the lottery and I can say with total confidence that this is a TOTAL HOAX


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  • realizeit
    06-03 11:53 PM

    Just now, I sent you a PM with some questions. It would be great, if you can go through my PM.

    Sincerely appreciate your willingness to share your experience.

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  • neo_ny
    03-31 05:34 PM
    Thanks everyone for your responses!

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  • pappu
    04-13 04:41 PM
    So after more than a month of sleepless nights, thanks to Immigration Voice looks like my I 485 application is back on track.

    A recap of my situation:
    Last month I got an email from USCIS-CRIS stating that my I 485 was withdrawn. After being in this country for close to 10 years and in the immigration queue for more than 7 years why would I withdraw the application ??? I did not withdraw my application !!!

    It took me more than a month to find out the reason behind the me it was not easy..and guess what ....It was my Attorney who had withdrawn the application in Error. Now what ... I call USCIS multiple times.. talk to many different IO's .. some of them patient and try to help.. some extremely rude.. but all of them had only one thing to say... they cannot help!!..... I get an Info Pass... no help there either.. I set up an emergency meeting with my attorney (one of the large Immigration Law Firms) .. nothing...they accept their mistake tell me that they will do all they can .. but no assurance that they will reinstate the case .. limited forward movement.... things look gloomy and one can help me.

    Then I called Immigration Voice on the number that is listed on the site and left a voice mail. Promptly got a call back I spoke to a Core member who understood the gravity and urgency of the situation and swiflty moved forward and got in touch with their contacts in the government. The Core member also put me in a conference call with the person who was going to look into my case, I was so relieved that I could explain the situation first hand.

    I got a call today and I was told that after evaluating my case my file has been reopened and they have mailed an offical notice regarding the same and I should get it in a few days. *Fingers crossed until I get this notice in hand *
    The IV core was extremely sensitive to my situation and were very responsive and extremly helpful. I cant thank Immigration Voice enough for helping me resolve this issue in a quick manner.

    I have registered to be a recurring contributing member and I intend to be an active member of this group.

    My lessons from this crazy experience are:
    - Never trust your attorney, always ask for a copy of any letter/document they send to USCIS on your behalf
    - There is no organization besides IV out there that is looking out for the interests of the Immigrant Community.
    - We need to strengthen IV in all ways we can, we need to be active.
    - And as so many members have already said "We are IV." If we want things to be better "WE" need to do something about it.

    I urge members who are still contemplating becoming active members to evaluate their options and to become active and contributing members of IV.

    - Peace

    Another point I would like to add is that no other organization has the kind of reach and the credibility with USCIS as IV has as far as representing the true interests of the Immigrant Community goes. IV is a huge asset we have and we should work towards strenthening it.

    we are glad that it worked out.

    01-25 12:00 PM
    Any volunteer for this project. please send me a private message.


    04-07 11:02 AM
    There is good chance that we might loose visas this year too....with USCIS allocating resoucers to citizenship apps given the elections in november.

    We need to prevent that....that ought to be priority # 1....recapture can happen in parallel .

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