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  • jthomas
    01-08 07:10 AM
    Logically, one cannot do a job when they are in H4 visa. But if you are keen on doing a business in H4 visa, check the county rules. I don't think some countys are strict on the status of immigration.




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  • chanduv23
    11-18 03:11 PM
    Dear Members,

    One of the IV member recieved a phone call from Ombudsman office and is as follows.

    -----------------------------------------------------------------------
    I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.

    ==================
    Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).

    We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.

    If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.

    Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.

    Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.

    Thank you for your cooperation.

    Sincerely,

    CIS Ombudsman
    (cmp)
    ----------------------------------------------------------
    The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.

    With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters

    Great job folks. Not only Ac21 issue, but if there is any other issue, please lodge a complaint with the Ombudsman's office.




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  • h1techSlave
    02-07 10:55 AM
    The article says they spend some thing like $20, 000 for their journey. How can a person who can not afford 2 square meals a day, come up with $20, 000?

    Something is fishy.

    Why blame illegal Indians? They are desperate for survival and come to USA to earn 2 square meals a day.

    What about the Legal Indians? The so called best and the brightest.
    Even legal Indians commit acts that bring shame. Just go to any anti-immigrant website and you will see tons of news article links. This is why antis call Indians slumdogs




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  • sid_das
    04-21 06:34 PM
    hey starscream

    - What was the RFE about?

    In the RFE they asked for end client letter, w2 , tax retrns for last 3 years and a bunch of stuff from my company. All the necessary documents were provided. In the denial they said that all documents were in order but that they didnt prove my specialty occupation.


    - Are you employed by a consultant or employed full-time at a company's location?

    I am employed by a desi consulting company.. and i have been in a job continously since jan 2006

    - Did your employer have any profit isseus / layoffs reecently?
    No

    - Is your employer TARP funded?
    No
    - Do you have your EAD?
    No , i just completed 3 years of H1. i was planning to become fulltime and start GC before the economy went downhill.

    Do you have any info if i can appeal and file another h1 thru another employer at the same time? because i do have a project that is long term...

    its driving me crazy....:(



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  • Blog Feeds
    08-08 09:40 AM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiXU1zBq4JlZ7Knx1VevhAxqZJ2bFkkD2ZqszGPivLXKDCDjZxyKWXe5ycOpJnmDoaST7MizGYX_XA5K3tzJmQOMCh8db9qE6D2V-7hrRlt-501EYyyIK9MJu2LkwbimzZ-L5WYlzxYi8Q/s320/investigator+image.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiXU1zBq4JlZ7Knx1VevhAxqZJ2bFkkD2ZqszGPivLXKDCDjZxyKWXe5ycOpJnmDoaST7MizGYX_XA5K3tzJmQOMCh8db9qE6D2V-7hrRlt-501EYyyIK9MJu2LkwbimzZ-L5WYlzxYi8Q/s1600-h/investigator+image.jpg)
    As many of our members know, the USCIS is like a Jekyll and Hyde creation. With one face, USCIS happily grants benefits, issues approvals, and welcomes people as citizens. With the other face UCSIS distrusts everyone, believes there is a lie on every application, and looks for ways to disqualify clearly qualified applicants. As you all know, this is not an exaggeration. It is true of an agency still steeped in the "Culture of No."



    Many of you remember the Religious Worker "Benefit Fraud Assessment Teams" that went out to make sure that the Catholic Church was actually still in business. The ability of the USCIS to conduct effective program reviews, rather than just sticking with its core strength of adjudications is rather dubious, to say the least. Recently AILA shared some information about a "new" benefit fraud assessment program in which USCIS is beginning to use the millions of dollars it has received over the last decade from the "fraud fee" in the H-1B program. This new program involves the hiring of a private contractor to send "investigators" out to conduct 25,0000 site visits to H-1B employers to verify if the H-1B employee is working at the employer and performing the work as outlined in the H-1B petition. Yesterday, a client of mine received such a visit, and thanks to a terrific Human Resources Professional, we have a brief report of the scope of this style of fraud "investigation:"


    The investigator came back yesterday. Her name was ______________. She indicated that she was a contractor hired to conduct these investigations (this is similar to the investigators that conduct the background investigations for government clearances). She had a badge with a picture.

    She first met with me (HR REP). She asked me some very basic questions about the company, what we did, how many employees we had, work hours, office locations, etc. She also asked me how many employees we had on H1Bs, how many we had sponsored for permanent residency and how many total of our employees are legal permanent residents. It was hard to answer these off the top of my head. She said approximate numbers were ok even after I offered to get an employee list that I could look at to get her the exact numbers. She then asked me a couple of questions about the H-1B employee � what he did, his salary, work hours and start date. She asked me for ID so she could verify that I was who I said I was and she asked to see a W-2 or pay stub. I didn�t have either so I showed her the payroll register from our last payroll which satisfied her requirement. She then met with the foreign national employee for a couple of minutes. He said that she asked him about his job duties, work hours and salary. She also checked his ID. She asked me for a quick tour around our offices and left.

    It was a pretty quick process. None of her questions were hard to answer � hopefully we passed. She was very nice and professional. I did apologize to her that I missed her when she came over the first time and she said that they want their visits to be �surprise� visits so unfortunately this is a problem they have to deal with.

    The foreign national employee did tell me that he asked her if he was selected randomly and she indicated that he wasn�t � I guess they are going to be doing this for everyone.

    You can see from this brief report that we as attorneys have yet another issue with which to deal. Now we must advise our clients of these waste of time investigations not targeted to find those employers or employees abusing the H-1B program, but rather designed to throw as much enforcement as the government cannot afford at a problem that does not exist in order to justify jobs and and the expense of a program that should be more effectively and efficiently run. Just what we need in the middle of an economic downturn, more government regulators! Where is John Galt when you need him?


    What makes the expenditures of these funds in such a random way even more outrageous is the recent report noting that the number of affirmative filings to USCIS has decreased by almost 50% (http://www.latimes.com/news/nationworld/nation/wire/sns-ap-us-meltdown-green-cards,1,2640213.story) year over year at the USCIS. Because USCIS's budget is entirely dependent on fees paid by users, the question becomes this: why is USCIS spending money on a program "looking" for problems when they would be better off using their resources to solve the problems they already have as an agency and better manage the extant operations that need to run more effectively.
    https://blogger.googleusercontent.com/tracker/186823568153827945-7219682141896598992?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/08/uscis-h-1b-investigations-run-amok.html)




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  • RNGC
    03-20 03:35 PM
    How many of you support this idea ?

    Rally in DC in the morning and Fasting till 5PM in front of the capitol.



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  • Anders �stberg
    January 6th, 2004, 09:32 AM
    I took some photos today in poor light (please, sun...) and had to use ISO 800 to get decent shutter speeds. However, I find this isn't really useful with small birds as the noise basically covers a lot of detail. I find it difficult to on the one hand remove enough noise from the background so sharpening doesn't amplify it too much, and on the other hand leave enough noise so the feather details don't get smoothed out. So, what I did was use the magnetic lasso tool to select the bird (and inversely everything else), and used more Neat Image on the background than on the bird. I wonder if this couldn't be a trick to save some borderline images.

    I'd appreciate if you'd critique these two images: do they look very unnatural to you? It does give almost a 3D effect, but I think I may have gone too far on the backgrounds.

    http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/Talgoxe.jpg

    http://www.interimlocation.com/fretnomore/photo/10d/pictures/smallbirds/2004-01-06/KoltrastHona.jpg




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  • lonedesi
    04-04 10:08 PM
    A friend of mine who has a bachelor's degree from India applied for her labor through PERM under EB2 category, which was approved. This was done based on the attorney's advice. Later, when the I-140 was to be submitted, the attorney advised that they should file I-140 under EB3 as the employee just had a bachelor's degree and he thought that they would get an RFE or will not probably be able to justify her qualifications for an EB2 category. At that time he also mentioned that, once the I-140 was approved, they could go ahead and submit I-485 application as though it was an EB2 case based on the approved labor. Now that I-140 is approved under EB3 category, he is going back on his words and telling that since I-140 was approved under EB3 category, they should file I-485 as though it is an EB3 application. There is a vast difference in priority dates between EB2 & EB3 categories and this is not helping the problem. Would it be okay to apply I-485 under EB2 category based on the approved labor (EB2) or should one apply I-485 under EB3 based on the approved I-140 (EB3)? Anyone who has had any experience or has any information in this regard, please advise. Or did the attorney mess up first time and he is finding an easy way to fix the problem by going the EB3 route? I sometimes wonder if these attornies really know what they are talking about or they just out there to make money at the expense of innocent people like us.



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  • karthkc
    03-18 05:19 PM
    Yha i got my EAD through Spouse.

    Is corp to corp a better option or should i ask my other XYZ company to file for my H1B?

    Okay..Here is the deal..If you are on H1B currently and do NOT have any paystubs for longer than a month (usually), then you face the risk of getting an RFE from USCIS regarding your status.

    This is YMMV meaning you may get it or you may not, nobody can say for sure...It all depends on how closely USCIS looks at your case.

    If you have been on H1B status without paystubs longer than 183 calendar days, you have bigger problems. My recommendation in that case is to get a good attorney ASAP.

    If you feel your case status so far does not have any major legal or immigration issues, my suggestion is to use the EAD to work and make sure you renew it on time and stay in AOS. The downside to that is if your spouse's 485 has any issues and gets denied, then you are immediately out of status. (If that happens, you probably have more to worry about than just your status)

    As always, take the above with a pinch of salt and consult an attorney in moments of doubt...!

    Thanks!




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  • deardar
    09-14 08:44 AM
    Flying to DC for their GC.............

    Happy to know that there are still people who like and know how to make a difference.



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  • anu_t
    05-08 07:08 PM
    just wondering
    How gaining so much experience or education is possible in such a short amount of time?
    No , I'm not jelous or anything. Please don't misunderstand.
    EB1 requires very high education. Right?
    just wondering. I 'm ready to work hard. Just need direction?
    How people do it. Do they take a MBA/PHD?
    Thanks




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  • h_shaik
    08-09 01:43 PM
    As Per my knowledge it is not nessesary that all approved I140's will have a A#.

    Senior members please correct me if i am wrong. Also i would appreciate if you can explain what is the criteria to get a A# in case of approved I140.

    Regards.

    it's the A# in your 140 approved petitioin.
    Generally spouses won't have this until they get the 485 receipt so they can leave it blank in the 485 application but the principle applicant should have from the 140.



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  • MrWaitingGC
    12-13 12:51 PM
    All that matters for the french is your stamping, if your passport stamping is valid(even if you are not on that visa anymore), you dont need. If your stamping expired, you need a transit visa, and you need to go in person for the french transit visa, which is not needed for german and british transit visa.


    Recently my parents went back to India via Fankfurt in Lufthansa.
    There they asked is your visa expired if so you should have transit visa.
    Since my parents had valid visa it was ok.




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  • boreal
    09-08 07:48 PM
    MannyD

    I like the way you implemeted the voting. But when my friend tried to vote he cannot see radio buttons to vote. Even I cannot see. Can you please check.

    Please implement PD and Dependents ASAP. Stick this link on main page so that we can refer easily to our friends.

    This will be sure a success down the line
    Another interesting thing to add would be the list of those who have applied in both EB2 and EB3..



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  • snathan
    05-17 10:52 PM
    i have a friend from mexico that got here cause she married a us citizen, well long story short her green card expires on the 21st of august she has an appointment on that day for what i think is to get her permanent residency. well her problem is that she just caught her husband cheating on her and doesnt want to be with him anymore. but she thinks if she leaves him , she will destroy her chances of getting her permanent residency. how does that work? is she forced to stay with him even though he mistreats her and cheats on her to be able to get her residency? any responses would be appreciated . thanks in advance.

    Your question is not clear. "her green card expires on the 21st of august"

    - She already got GC ? and expiring after five or 10 years? If so, the divorce will not impact the GC process.

    "she has an appointment on that day for what i think is to get her permanent residency"

    - If she is not yet getting her GC, then it will impact the GC. Either she has to be patient or lose it. Even after getting GC, if she goes for divorce immediately it will trigger investigation as if your friend married US citizen just to get the GC.


    This process is complicated and I dont think you can get the right answer in this forum. Better check with attoney.




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  • madhusrini
    05-31 04:58 PM
    Hi,

    My LABOR APPLICATION DATE : OCT 2001
    I-140 Approved : OCT 2004
    I140/I485 concurrently filled : APR 2004

    Currently have EAD and AP

    Status : Married : Adjustment of Status Pending for Both

    Did any body get their green cards because of the recent movement of eb3 dates.

    Srini



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  • punjabi
    01-13 03:21 PM
    Multiple PERM applications can be filed if the employers are different.


    I am planning on filing a new PERM as a prospective employee of a consulting firm and also have a PERM filed simultaneously from my current employer..
    Has anybody had any experience with this kind of situation, Are there any complications? would this be feasible...pls suggest...
    Thanks...




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  • mtsaha
    08-09 01:16 PM
    You can leave it as blank, you will getting the A# with the 485 receipt ...

    Hi, Thanks for your reply.
    Also by any chance is "alien receipt number" same as the A# that appears
    in my old OPT-EAD? If yes then perhaps I can use that? I know that
    "A#" is called "alien registration number".

    Thanks, Mtsaha




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  • gcdreamer05
    01-03 09:32 AM
    Folks the solution is simple,

    If you believe your wife is not interested in future employment atleast for the next 2 years then do not renew your EAD. (I say 2 yrs because EAD is given now for 2 yrs).

    If you have stamping on her passport for h4 then no need for AP.

    If the stamping on her passport for h4 has expired then apply for AP (since you can show AP and come back and still be on h4). This appln for AP has to be done atleast 3 months before you need it (consider processing time).

    If your wife decides she has to start working then apply for EAD like 4-6 months before preferred emp start date.

    I do not have EAD (but eligible to apply for one), still on h1b, visa expired have just AP, so if I need to go back to home land ill show AP and come back and still be on h1, hope this answers all your questions.




    kanshul
    02-01 10:08 AM
    Honestly you are not in very good shape. You can't use AC21 so can't port your GC.

    If your old employer withdraws your 140 (which many small firms do) you won't get to retain your PD. Now some lawyers think you may retain your PD but it is debatable.

    Also, if you file your GC through a respectable non H1B dependent firm and your case does not go for audit, you will get labor + 140 within a year. Else it may take 3+ years.




    vin13
    12-08 05:00 PM
    Just out of curiosity how is it that you got an approval in Sep 09 with your priority date?



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