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gcformeornot

08-08 04:25 PM

there already a big thread on this subject. Its right there on IV Homepage

http://immigrationvoice.org/forum/showthread.php?t=12135

Please refrain from creating threads for such matters. It adds confusion.

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gk_2000

01-26 07:09 PM

Well done team IV! BTW has IV already published this email to newspapers? IIRC a free site like PRNEWSWIRE will also help :-)

PR Newswire is AWESOME!

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nixstor

09-17 02:09 PM

Paskal,

That was one thing I was gonna say. I wanted to see how members would react. I am glad you brought it up though. As of now it says IV - Home. We dont need any procedures other than an update on our content.

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prinive

03-27 12:26 PM

Thanks Buddy...

Any one else ...

I am celebrating the good news from IV by pledging $100 to IV. Any one care to up the ante on this?

My Receipt ID: 54118296K6578915K

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starscream

08-27 05:00 PM

VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.

Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.

The below is the visa renewal criteria as defined on the website:
Visa renewal appointments are available to visa applicants who:
have a U.S. visa that has expired less than 12 months ago.
wish to apply for the same category visa (work, business, tourist, etc.)
are Indian nationals (hold Indian passports)
are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).

The following applicants do NOT qualify for appointments in the visa renewal category:
Applicants who have never had a US visa.
Applicants who have a U.S. visa that expired more than 12 months ago.
Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
Non Indian passport holders
Applicants applying at the U.S. Consulate in Kolkata.
First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
Applicants applying for entertainment/performance visas(P3 category).
Applicants applying for unskilled worker visas (H2b category).

All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
Current, valid passport
Passports containing previously issued U.S. visas
As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)

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Hello_Hello

08-29 02:20 PM

That's not correct....USCIS/DOS did not allocate full quota to EB-3 India last year, despite it being the most retrogressed category in the system. They kept the dates conservatively retrogressed hence not allowing USIC to issue green cards to allowable limit. On the other hand they issued more than allowable quota to Korea. They are going to under allocate EB-3 India in the current fiscal too..extremely shameful!!! There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!

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dpp

06-28 03:18 PM

As far as I know We need only Employment offer letter. And the Designation should match your PERM Labor Certificate.

Sample Format:

DATE

USCIS
Nebraska Service Center
850 S. Street
Lincoln, NE 68508


Re: Immigrant Petition for Alien Worker
Petitioner: XXXXXXXXX
Beneficiary: XXXXXXXXX


Dear Sir/Madam:

This is to certify that we had submitted petition for Alien Employment Certification on behalf of XXXXXXX. We are very much interested in continuing his employment with us in the capacity of XXXXXX(according to labor approval). His salary for the said employment will be $XXXXX (according to Labor approval)per year.

He will be managing XXXXXXXXXXXXX(according to Labor approval)

It should be noted that this is a full time and permanent position. Should you have any questions please do not hesitate to contact the undersigned.


Yours Sincerely,




XXXXXX
XXXXXX


Yes, employment offer letter should have PERM title for sure. Same thing i mentioned in earlier post as well.

but for Employment verification letter, may be not all attorneys asks for it. But most of them ask. And it should have your current H1B/L1 title, if they are asking for this letter.

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prinive

03-27 07:48 PM

Any one ... :o

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syedajmal

01-29 03:27 PM

Had a friend forward this email. Is this true.

From: Anne Manetas, Deputy Director, NumbersUSA
Date: Wednesday 28JAN09 12:15 p.m. EST

E-Verify Amendments Still In Tact -- Keep Up the Pressure Until Final Vote Today

DEAR FRIENDS,

Please keep phoning your own U.S. Representative (even if he/she usually is pro-illegal-immigration). 202-224-3121

Do NOT make any more calls to the Rule Committee Members (unless they are from your district).

Things are looking good, but we can't be sure until the final vote occurs. Your hard work is definitely paying off.

No amendments to strip the E-Verify language out of the stimulus bill were even filed, which is a huge victory for us. However, since things can change on the Hill at any moment, it is critical that you keep calling your own U.S. Representative to tell them you support the E-Verify language in the bill and hope your Rep. will help ensure that it remains in the bill.

The final vote on the stimulus bill should happen sometime late this afternoon or early this evening.

To be clear, there is currently no amendment to strip the E-Verify language.

Please go to your Action Buffet corkboard and click on the phone note. It will provide talking points to make it easier to make the phone call. And it names your Representative and provides alternative phone numbers to call.

Be sure to keep watching our NumbersUSA home page for updates.

THANKS,
ANNE

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Munna Bhai

12-17 01:47 PM

Sorry I was away from my computer for a while.

Thanks for all your help Guys.
We are talking to Lawyer, Murthy law today.

It's an employment based.
This case of I-485 is 2004.
We talked to USCIS and they say to wait for notice and they do not have nay reason to tell over phone as they do not have access to NOTICE.

Hope Lawyer comes out with something.

THank you all
Great help and moral support from all of you at Immigration VOice.

Please be prepared..just think of various reason and prepare accordingly.Everything will be fine.

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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....

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ladyliberty

09-23 11:23 PM

Hi!

Much like many in this forum, my husband and I are stuck in this retrogression mess. I have spent 3 years on H4 and 3 more in H1. I am told now that I will not be able to work until my husband's greencard process has moved beyond the 485 stage. Our lawyer is suggesting that I can extend my H1 by 3 years by making a good faith argument to the USCIS that I have not utilized the full 6 years in H1 time and a secondary arguement that my husband has an approved 140 petition that can allow extension of H time. I will really appreciate any opinions from the forum members and from people who may tried this before. Please respond!

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reddog

04-17 12:26 PM

This is a poignant question for everyone. Any experts that know the law and psychology and the theory of standing in line please answer.

Let me also add one more question. I have a pet that I am bringing from abroad. Which line should the pet stand in? I do not want the IO at Port of entry to call my employer and ask if he tried to find US citizen pets for me .

Pets are considered cargo. They do not need visas to enter the US.

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ksircar

07-30 08:39 PM

As far as I know your son is safe as I485 has already been filed. I had a similar situation with my daughter, she became 21 only yesterday, but I filed her I485 on June 25 and according to my attorney, she should be fine.

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lord_labaku

11-19 03:38 PM

I think this is a good idea. Most people here, coming from a computerized world, assume that everything in USCIS is automated. Its only partly true. Due to security reasons, preventing vulnerability, they still deal with mostly paper.

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katrina

05-31 01:05 PM

You should look at it from the point of view of the immigration officer, that person was 50% immigrant and because of that needs to apply for a Green Card, on the mean time one visit a year for less than 90 days or one visit every two years for 6 months will make them a 25% of the time or less resident of USA, which doesn't raise any flag, you have to put yourself in the shoes of the immigration officer.


Yup and for that reason people try to sponsor their family and their relative (sister and brother ) for Green Card. Because whenever you try to follow the system they try to make hard on you. When you try honest way telling the truth that you just want to visit your friends or family here they suspect you want to immigrate here. Older people from other country tend not to come over here and stay cause they will fully depend on their kid to get around
in unfamiliar place but I guess the immigration officer don't think like that.

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franklin

07-17 06:05 PM

Donate so we can continue fighting!

http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute

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tabletpc

05-28 11:32 AM

Greatly apprecite if anyone can give their inputs...

I have PD with dec 2006 and 140 approved. Filed 485 in July 2007. For october 2008 I will be done with 4 years of H1b. I am single and I may not get married untill later 2009 due to some family responsibalities. I am kind of concered about 485 getting approval by then which might jeoperdise my spouse visa later. Based on the present processing speed, mine might take minmum 2 years. But bit concerend what if USCICS make a mistake in processing 485 in terms of picking 485 from a later date and approving it?

So my query is...

1. If I now withdraw my 485 and later change company. SHould I again get a new labor and i140 approved with new company to file for 485.( Here I understand I can port my PD.).

Any inputs will be greatly apprecited....

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Berkeleybee

02-05 09:28 PM

All,

My point in putting up that post was to make people aware that just the existence of the present PACE bill doesn't get us anywhere.

This issue will be run like a political campaign -- i.e. just like in a political campaign, the other side has a relatively rapid response team that has one job and one job only -- to shoot down, discredit points made by our side on a day to day basis. We and others will hopefully build a coalition that does the same, i.e. responds to these points in the media in a calm, rational,speedy way. We cannot ignore the other side -- that is practically suicide.

My point was not for us to start venting in this forum. Once we start coordinating activities with other groups and our lobbying firm, we can start to pass on any rational, statistics based responses that any of our members come up with.

I feel that calling people names, even the other side, doesn't help. Save that for your buddies or for a non-public forum.

best,
Berkeleybee

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gc28262

07-31 02:14 PM

Thank you for your prompt response

1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.

I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.

Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?

2.Can New Jersy laws applicable in India to send a legal notice to me?

I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.

3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.


4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.

As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.

Pls answer the above 3 questions.

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absaarkhan

01-31 04:07 PM

Advance Parole should be Approved when the Beneficiary is in US.

Per Law Advance Parole Can be Used ONLY WHEN IT IS Approved when the Beneficiary is in US.
Thats the Opinion of Sheela Murthy and Rajiv Khanna too.

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