Sunday, June 26, 2011

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  • Lasantha
    10-06 07:48 AM
    same here,

    we have applied every year and I often hear back from people who do win this loterry, somehow it didi not work out for us...at least, not yet!

    anyway, getting ready to apply this weekend..who knows, maybe this is our lucky year..

    cheers

    That's what I'm talking about ! :cool:




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  • nomorelogins
    06-25 02:26 PM
    Since there has been a screw up in the payroll by your company, ask them to contact the CPA for advice. They should be able to work out how to issue a W2 ( amendment ) etc, refile company quarter results etc. So talk to company CPA ( else report to IRS )




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  • prom2
    10-25 05:30 PM
    Hi prom2, thanks for continuing this thread. Could you rename it to early-June filers or something more broad? Or maybe even the same name as the previous thread? That way, the same members can simply join this thread. Your present title is way too specific and with all the other similar threads out there, we might be missed by some members.

    Hi, Why did you ask me rename the thread with a broader name?, it is June 07 filers - General Tracker, seems broader enough.

    Thanks.




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  • smuggymba
    09-16 07:45 PM
    Here is the scenario.

    If 6 months has been completed after your I-485 is filed then you can port out your process. You can either file AC21 or not. But to work for another company you need EAD. Now here you have mentioned that you have been working for Company B. What is your status with Company B? I guess, H1B.

    If the company B can file for an AC21 at the earliest, that is the best option you have with you.

    Just in case, if your I-485 is less than 6 months, situation becomes little sticky. Though the law or rule does not say anything specific, USCIS has been little lenient with the lay off and other situations recently.

    So once Company A gets winds up, you can claim the process by stating that the company went out of business. There are cases where this was approved recently. Earlier there were exemptions at all.

    You all need the co-operation from Company A on this. If they report to USCIS that you guys never joined there or made the company lose money, then none of the process will not stand as per law.

    I personally know a unique situation, even after the company reported against the employee, the USCIS issued Green Card.

    It all depends on the knowledge of the Officer who takes the case. Basically it is roll of the dice.

    Do not take chances. Do it in the legal way as much as possible.

    Good Luck to all of you

    Imagine if everyone uses bold font:mad:



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  • sp99
    08-18 02:38 PM
    And for contract yes they have 1 year contract though they didn't send me any documentation for that ...but it is like if u break within 1 year u will need to pay $20 for the remaining months..they say they will cut from my credit card everymonth...




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  • ItIsNotFunny
    12-17 03:27 PM
    I had posted my query on another thread but thought of creating a new one with all the updates.

    My priority date is Feb 26, 2008 and I-140 mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.

    Had received an RFE to which we responded but it still got denied On Dec 3, 2008. I didn't read the RFE but the lawyer said they have requested for Audited Financial statements of 2007 which my company does not have. The main reason for the denial was that the company has a loss and we did not provide Audited statements for 2007. I wasn�t being paid per the prevailing rate in 2007. So I couldn�t provide W-2 for 2007.

    My lawyer suggested that we appeal the denial and start a new PERM in EB3 category through the same company.

    She also suggested that in the appeal we show that I am being paid per the prevailing in 2008 since my priority date is in 2008. I have to respond to the Denial by Dec 30th but I will not have my W-2 by then. Am not in a position to provide pay stubs since the difference in pay is an adjustment in Dec.

    My question to you all are:

    1. Are these my only option to make sure I can renew my H1 after the 6th
    year?
    2. How long does an appeal take to respond?
    3. Is appeal my only way out? Can I request for a
    Motion to Re-open/Reconsider by Dec 30th and submit the W-2 in
    Jan 2009?
    4. If I show the prevailing wage of EB2 and I am filing another PERM in EB3,
    will that be a problem?
    5. At what stage of the green card process should I be in to be eligible for
    my H1 to be extended after my 6th year?
    6. Any other issues that might come up?


    Thanks!

    I would suggest you appeal somewhere in Jan and meanwhile file for extension. Please talk to lawyer though.



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  • trueguy
    08-08 09:22 PM
    you shd have come with after 2004 before 2005 bullet too ..actually not sure if this poll is of use since there are many EB3 people who don't even visit this site...

    How do I add more options in this Poll now? I didn't mean to discriminate and I was being realistic here. Sorry about that. Please someone, help me add more options to this poll.

    Thanks.




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  • snathan
    02-17 09:14 PM
    Thanks a lot snathan.

    emploer A is still holding my H1b, they did not revoke it.

    employer A(American Company) has offered me a job and asked me to start from Monday(02/23) but employer B(Indian Company) has applied for
    H1b transfer.

    The only thing I am worried, if there is another layoff with employer A before H1B transfer with employer B. In that situation can I join employer B and maintain my status.

    please help me.

    Yes...if you get the approval, you can join the company B, anytime you want.



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  • eastindia
    05-14 02:15 PM
    Many blame immigration pressures for young man’s suicide - The Boston Globe (http://www.boston.com/news/education/k_12/articles/2010/05/10/many_blame_immigration_pressures_for_young_mans_su icide/)

    MARLBOROUGH � In the grief-stricken search for answers, one thing was clear: Gustavo Rezende had hit a wall. He had dreamed of joining the military, getting a driver�s license, and becoming an American citizen.

    But the 19-year-old Brazil native was in the country illegally, a hard fact that put his dreams out of reach.

    At Marlborough High School, he was popular, a talented artist. Then his friends went off to college and Rezende stayed behind, stocking bottles of soda at a sports complex. He got into trouble with the law and feared deportation to a country he hardly knew.

    On March 4, weeks before Rezende�s 20th birthday, police found him hanging from a tree in the woods near his house, next to Marlborough District Court.

    The stunning public act, within sight of court clerks and commuters, has shaken a community and triggered an anguished cry for help from his family and friends, who believe Rezende killed himself in despair over his immigration status.

    �He always said, �I�ve been here 11 years and I have no rights. . . . I have no right to a driver�s license, no right to continue studying, I have no rights to anything,��� said his mother, Deusuita, weeping on her couch, near an array of photographs of her son. She added, �I don�t want what happened to my son to happen to someone else.��

    Immigrant groups have invoked Rezende�s death in the heated debate over illegal immigration. They have increasingly been pushing for Congress to pass the Dream Act, federal legislation pending since 2001 that would allow immigrant youths to apply for legal residency if they arrived in the United States before they turned 16, lived here for five years, and enrolled in college or the military.

    �The story about Gustavo Rezende is one of the most compelling cases for immediate federal action to end suffering in our communities,�� said Kyle de Beausset, a 24-year-old activist who said he met last Sunday with Senator Scott Brown to urge him to support the legislation.

    Others say Rezende�s death should not factor into the debate, since nobody can say why he took his own life. Though friends and family said he often worried about his immigration status, he didn�t mention it in a note he left at home saying where they could find him.

    �It�s exploiting the dead,�� said Mark Krikorian, executive director of the Center for Immigration Studies in Washington, which favors stricter controls over immigration. �You can�t second-guess that stuff because suicide is not a rational response that you can somehow adjust policy to address.��

    Colin Reed, a Brown spokesman, said the senator confirmed the meeting with de Beausset and would review the Dream Act. Reed said Brown told de Beausset that he favors streamlining the process for legal immigrants but remains opposed to amnesty for those here illegally.Continued...

    Health care workers say suicide is usually the result of more than one issue, such as undiagnosed depression, mental illness, or drug and alcohol problems. But, they say, undocumented youths may be at greater risk because they are ineligible for many programs that might help them.

    Rezende, nicknamed �Goose,�� was born in the Brazilian state of Mato Grosso and came to the United States when he was 9 with his parents and younger sister on visas they later overstayed.

    In 2000, his mother applied for legal residency through work � she cooked for a Brazilian restaurant � but was denied, she said, because her boss was underpaying taxes. She vowed to continue trying, though her marriage ended because her husband wanted to go back to Brazil.

    �The kids didn�t want to go,�� she said. �They liked it here as if it were their country.��

    In Marlborough, a small city of tidy houses centered on two scenic lakes, Rezende grew from a chubby boy into a fit and charming teenager who loved to draw, listen to music, and hang out with friends. He and one of his best friends, Kyle Hedin, planned to open an animation company someday.

    During most of his schooling, Rezende did not face questions about his immigration status because a 1982 Supreme Court ruling allows undocumented students to attend public schools. But that protection ends after high school, making him ineligible for financial aid for college.

    Even before graduation, Rezende felt the pressure of his family�s predicament. He helped his mother clean offices at night, leaving little time for homework. He fell behind in school. When he was 17, police were called to his house after he argued with his sister and punched a hole in a door.

    After he graduated in 2008, he tried to find work at a supermarket and fast-food restaurants � but most turned him down because he didn�t have a green card. Finally, through a friend, he found work at an ice skating complex. He also got a part-time cleaning job.

    Kyle Hedin said Rezende wished he could have the same opportunities as his former classmates.

    �He always said, �These kids go to school. They go to college, and they complain about it and they don�t do anything worthwhile,� �� Hedin said. �He was saying he would trade shoes with them in a heartbeat.��

    In February, Marlborough police found Rezende trying to change a flat tire, while allegedly intoxicated. Police arrested him on misdemeanor charges of driving under the influence and driving without a license.

    The March 17 hearing in the case weighed on his mind. He had been caught with a fake driver�s license from Brazil, and his mother said he feared he would be deported.

    He had talked about suicide in the past, including in the weeks before his death, according to friends and the police report filed after his death.

    �He had a hard time asking for help for himself,�� said Jane Hedin, Kyle�s mother. �That�s what�s heartbreaking. . . . He had so many friends he didn�t reach out to. Everybody loved him.��

    Mario Rodas of the Student Immigrant Movement, an advocacy group, said immigrant youths often fear deportation if they talk about their problems. The group regularly holds support groups to help the students.

    �We tell them not to give up,�� Rodas said.

    Two days before he died, his mother said, Rezende couldn�t sleep. He was nauseous and called in sick to work.

    The next day, his grandmother arrived for a visit from Brazil, the first time he had seen her since he left in 1999. In the early evening, Rezende hugged his grandmother, kissed his sister, and left the house carrying a rope, according to police, saying only that he �needed it.��

    Police found him the next morning about 150 feet into the woods, in a tree he used to climb, a dusting of snow on the ground.

    About six weeks after his death, Rezende received a letter from the US government telling him to register for the draft. It wasn�t a mistake: Federal law requires that all men ages 18-26 register with the Selective Service System, including illegal immigrants who cannot serve in the military, said agency spokesman Patrick Schuback.

    Registering could help illegal immigrants if they ever apply for legal residency, he said, because it would show that they followed the law.

    At home, his mother clutched the letter and wept.

    �If that letter had arrived before, he would have been so happy,�� she said.

    Maria Sacchetti can be reached at msacchetti@globe.com.




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  • ups
    01-04 01:43 PM
    I think QA jobs are relaxing. I don't know about SAP job. And there are only few engineer QA in my company. All other are just with some other bachelor degree. I think company has very hard time finding expert QA and they hire anybody for that job and pay decent salary.



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  • gc4me
    04-23 02:43 PM
    To get a copy of your I-140, you need to apply to USCIS using G-639 form. Please read the instruction of the form and you will know more. You need to mention your employer's info and I-140 receipt # etc.
    Now a days it takes time. Almost 3 months.

    URL: http://www.ed.gov/policy/gen/leg/foia/foiatoc.html
    The Freedom of Information Act (FOIA), 5 U.S.C. � 552, was enacted in 1966 and generally provides that :

    -Any person has the right to request access to federal agency records or information.
    -All agencies of the U.S. Government are required to disclose records upon receiving a written request for them.
    -There are nine exemptions to the FOIA that protect certain records from disclosure.

    I agree, the email response is no help.
    Can you please elaborate on how to request copy I-140 using G-639 form under FOIA?




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  • gsc999
    01-07 03:23 AM
    Many "promotions" offered by many corporations have this "condition" of winner being a "legal resident." I guess, maybe, H1B will come under that. GC is premanent resident. But here Toy R Us got caught between the fine print and being politically correct.



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  • vasired
    08-15 03:14 PM
    485 RD:6/29
    485 ND:7/25
    FP ND: 8/8
    FP Date:9/4




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  • gsc999
    09-11 01:32 PM
    -----------

    This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
    --
    Yes you are correct.

    I have noticed fast I-140 processing during last four months, so there is truth to this statement. As always website updates usually lag. We should give USCIS credit where its due.

    Good work USCIS, hopefully this same level of service will be available to other
    steps of legal immigration in near future



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  • glus
    04-17 07:57 AM
    Hi

    I am planning to take up a job on AC21. My title in labor is Management Analyst. Related to computer science field. The related occupation field has system analysis as the related occupation.

    I have approved I140. It is more than 180 days. I am getting new offer as system analyst. My new manager is ready to give me AC21 letter in the format confirming to the labor cirt as my responsibilities match.

    my labor was transfered from another employee. Do you think USCIS will treat AC21 for labor switch cases differently then compared to 485 cases using own labor.

    I will appreciate advise from any one who has gone through this similar situation.

    Check the directory of occupational titles and ensure the new and old jobs have the same / very close occupational code. You can find it on the DOL website. Duties is one thing, but the code is also important.




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  • naveenarjun
    06-04 10:25 AM
    This is the text that i see on Govtrack.us
    http://www.govtrack.us/congress/billtext.xpd?bill=s110-1348
    Are we missing some thing here, I see SKILL is part of this draft!!:confused:

    You are looking at the OLD bill



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  • amit_sp
    07-16 09:29 AM
    Hello: Here's the original article.

    http://online.wsj.com/article_email/SB118455917060167397-lMyQjAxMDE3ODE0NjUxNTY5Wj.html


    see Greg Siskind's blog :
    http://blogs.ilw.com/gregsiskind/

    An alert reader sent me the following this morning. Miriam Jordan of the WSJ is reporting


    Looking to resolve a messy immigration tangle, the U.S. government is close to announcing that it will accept at least some applications for work-based green cards that were filed by thousands of skilled workers in early July at the government's invitation and then abruptly rejected.

    This would be hugely disappointing news if true and, according to a source, this was NOT the deal on the table over the weekend. It also will fail to address the three crises facing USCIS:

    - fighting multiple lawsuits including at least two class action matters
    - staving off congressional hearings and the release of embarrassing documents
    - answering press inquiries over why USCIS skipped security clearances during a time when the US is under threat of a major terrorist attack

    One would hope that common sense would outweigh USCIS' anti-immigrant instincts. Like an addict that's out of control, it's time for an intervention.




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  • prdgl
    07-07 09:56 PM
    Very good, shabaash!!

    Because of A. Holes like you, H1B visa holders get a bad name. And look at your gall, you are publicly announcing an intent to commit deciet.

    IV Core and company: Please remove this thread - we do not want to provide more fodder to anti-immigrants.

    And as for you moron, yes, you will get into trouble if you think you can dick around with govt. agencies.
    Grow up!!!!!!!!

    yes yes, its not that 10million illegal immigrants are considered for amnesty and was about to given direct path to citizenship or that's not enough, there is LC subsitution Fraud.

    yes yes this is the one that brings bad name for H1B holders and not the above said things.

    I am just trying to meet my ad requirement. If its not then i will change my ad. I am trying out different options here. That's it. For now you relax pal !




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  • adibhatla
    06-16 11:52 AM
    I have seen a letter from USCIS after a congressional enquiry that the "485 is pre-adjudicated and waiting for a visa number"

    Hi Chandu,

    Could you tell me what needs to be written to the congressman (looking at the content).

    Appreciate your help in this regard.

    MA




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    07-17 06:17 PM
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    We need more people to do the same. Core has toiled tirelessly to move mountains. Pls dont make them also start a funding drive every month. There's more important issues that need their attention and can't worry about running out of funds every time a new initiative needs starting.




    jamesbond007
    11-19 03:32 PM
    Does this mean that, if we do not want to be overstepped in the Q, everyone has to have an attorney with AILA membership?? :eek:

    Everyone send chocolates/gifts to your attorney for Thanksgiving/Christmas and be on their good side.



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