unitednations
08-24 09:28 PM
Maybe we are getting off the topic.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
USCIS is giving a hard time for h-1b's.
If vemont service center:
ensure LCA is for client location and company location.
ensure that you can get a legitimate letter/contract from place you are actually working. ensure letter/contract says that the terms (duration) is extendable (under the law; uscis only has to approve the h-1b until the PO finishes if it is less then three years).
For companies: Cancel h-1b for people who have left. Cancel h-1b's for people who have not joined (uscis in their rfe's are frequently quoting number of h-1b's filed and comparing to current head count).
for california service center:
companies need to analyze their DE-6 and look to see who hasn't been paid the lca wage for all four quarters. Give proper/proactive explanations for people where it is not obvious why they weren't paid proper lca wage.
get legitimate client letter/purchase order from end client. Ensure that when filing H-1b; the LCA covers the client location. USCIS will generally not accept a new LCA covering the location after the h-1b has been filed.
Ensure the numbrer of active h-1b's is close to your headcount. If people haven't joined or aren't going to join; cancel h-1b's immediately.
For consulate: do not ever give fake purchase order/client letter. Consulates are very smart that they know major companies do not give such letters. They are frequently referring cases to department of state in kentucky to contact clients who wrote the letters. If client doesn't confrm (ie., HR at client company) then it is a very, very big problem for all people concerned.
For extensions; file as early as possible so you don't have issues with your drivers license, etc.
USCIS relies on a lot of case precdece to deny cases. many times they are misapplying these cases and going outside the law what is really required. In motion to reopens; california is very quick in givingin another decision. However; vermont sits on it for many, many months and they very rarely change their decisions.
When changing client locations then as a minimum get a new LCA but if you really want to cover yourself then consider amending h-1b for new location.
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Rohan99
10-12 10:26 PM
THANKS! I will wait for my turn and hope that my application is right next to you.
GKBest, it takes minimum two days to appear on computer records for the customer care to tell you. My application was entered in system on 10th october but rep could only see it on 12th oct.
GKBest, it takes minimum two days to appear on computer records for the customer care to tell you. My application was entered in system on 10th october but rep could only see it on 12th oct.
mariusp
03-04 04:23 PM
As an update,
I called TSC again today. Previously, I called early in the morning here on the East Coast and was transferred to the national service center, so at least this time I got to speak to someone @ TSC.
I gave them my receipt # and as soon as I mentioned biometrics the person said that she will schedule appointments for me and my wife and depending on availability at the local center I should get an appointment letter in the following 60 days. They must be getting a lot of this type of calls because she was very prompt to schedule the appointment. I also asked about my NC status and that was cleared in Sept so good news there as well.
I'm a little more optimistic as this time as at least now I know that USCIS initiated the request.... I'll wait and see what happens next.
So basically, this is the 3rd time I call and the first time they're willing to do anything to help.
I actually did call in mid Nov. and opened a SR. I then got a canned response about a month ago on how the case is within processing time and blah blah... I call again this morning and apparently their system was experiencing some kind of problem and the rep. wasn't able to open a new SR although she did apologize and thought that 5 months is an excessive amount of time to wait for biometrics. She then transferred me to an IO who based on the service center processing times posted online told me that they're currently processing May 07 and my receipt date of July 12 is not up yet.... What a bunch of BS!
I called TSC again today. Previously, I called early in the morning here on the East Coast and was transferred to the national service center, so at least this time I got to speak to someone @ TSC.
I gave them my receipt # and as soon as I mentioned biometrics the person said that she will schedule appointments for me and my wife and depending on availability at the local center I should get an appointment letter in the following 60 days. They must be getting a lot of this type of calls because she was very prompt to schedule the appointment. I also asked about my NC status and that was cleared in Sept so good news there as well.
I'm a little more optimistic as this time as at least now I know that USCIS initiated the request.... I'll wait and see what happens next.
So basically, this is the 3rd time I call and the first time they're willing to do anything to help.
I actually did call in mid Nov. and opened a SR. I then got a canned response about a month ago on how the case is within processing time and blah blah... I call again this morning and apparently their system was experiencing some kind of problem and the rep. wasn't able to open a new SR although she did apologize and thought that 5 months is an excessive amount of time to wait for biometrics. She then transferred me to an IO who based on the service center processing times posted online told me that they're currently processing May 07 and my receipt date of July 12 is not up yet.... What a bunch of BS!
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Lisap
09-10 02:09 PM
I got that same LUD and my EAD arrived in the mail a couple of days later! Good Luck to you and I hope you receive it soon!!
more...
praveenuppaluri
11-17 04:23 PM
sent emails.. will post the letters also. Thanks
chanduv23
07-09 09:12 PM
Desi393, FinalGC, Ramba:
You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation, since the Yates memo you quote doesn't say that. Also, what do you mean by a "permanent" job? I haven't seen a job offer letter in the US saying that the job would be "permanent" (whatever that means). Also, what do you mean by "legitimate
" employment? Could you quote a USCIS resource?
Another misinformation I've seen on this forum is advising people to "file AC21." First, no USCIS resource mentions that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
You've mentioned a few times on this forum that on AC21, the job needs to be "permanent." That is misinformation, since the Yates memo you quote doesn't say that. Also, what do you mean by a "permanent" job? I haven't seen a job offer letter in the US saying that the job would be "permanent" (whatever that means). Also, what do you mean by "legitimate
" employment? Could you quote a USCIS resource?
Another misinformation I've seen on this forum is advising people to "file AC21." First, no USCIS resource mentions that. Second, you're are *not* required by USCIS to inform them of every job change if you're invoking AC21.
sankap - I think these folks are asking you to be cautious. AC21 RFEs request if the prospects of employment.
the "permanant" job means "the job is always there" as per projection.
even if your employer has consulting business - as long as you are employed with this employer under w2 "yours" is a "permanant job" at that time projected - things MAY change later.
The same works with self - employment. As long as your self employed as drawing w2 salary and doing the same duties - it is permanant employment.
So lets not get confused here. If you project that your current job is ONLY temporary in nature then that does not qualify as a permanant job.
Being self employed and doing consulting work means you r constantly doing projects under your own corp which is perm job.
Lets discuss this in detail - i will get back to this as my kid is not allowing me to type now
more...
shantak
05-19 09:26 PM
I am a 2 July 2007 filer. Many SR's and calls later no FP.But I applied for EAD and AP renewal last week.I got the FP notice in mail today.
So I think that the renewal may trigger a FP notice.
-R
Did you efile your EAP and AP renewal.
So I think that the renewal may trigger a FP notice.
-R
Did you efile your EAP and AP renewal.
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psk79
09-05 08:49 AM
Hey GUYS!! My checks got cashed today!!! All six of them!!! Don't have the receipts but got the SRCs from the back of the checks. Mine is NSC delivered Jul2, 1025AM J BARREETT..Finally very happy to get tehse. I hope everyone will ge tthem very soon...Thanks.
:) My Checks got cashed today, I can see SRC receipt number on the back. More details in my signature.
:) My Checks got cashed today, I can see SRC receipt number on the back. More details in my signature.
more...
vkrishn
08-25 08:17 PM
Did you call TSC or NSC.
Its the 1800 number you call and then escalated to Tier 2.
Its the 1800 number you call and then escalated to Tier 2.
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apahilaj
08-08 03:40 PM
I am in the same boat. I got Notice welcoming new PR email on 8/5 and nothing after that.
Man Parag, I remember you and me were struggling together for our biometrics appointment and now, here we are again struggling to get a damn approval email..:)
Anyways, good luck to all of us here - waiting game never ends!
Man Parag, I remember you and me were struggling together for our biometrics appointment and now, here we are again struggling to get a damn approval email..:)
Anyways, good luck to all of us here - waiting game never ends!
more...
bindas74
06-17 10:52 AM
Also, received Finger Printing (Biometrics) Notice today in the mail. Appointment is in three weeks.
Hi Gurus,
I was looking at the processing times for the NSC 485 applications and it shows March , 2007.
Does it mean that all June 1st filers will be getting their 485 approvals by September ( barring any RFE and name check delays)???
Or is it Wishful Thinking???
Hi Gurus,
I was looking at the processing times for the NSC 485 applications and it shows March , 2007.
Does it mean that all June 1st filers will be getting their 485 approvals by September ( barring any RFE and name check delays)???
Or is it Wishful Thinking???
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Macaca
07-08 11:42 AM
All 140K GCs are available on Oct 1. However, dates were not current in 2005 and 2006. I think that current dates do not depend on available GCs.
Looks like current dates depend on # submitted AOS's. USCIS is saying that on Jul 2 it has submitted AOS's that exhaust submitted AOS quota.
Looks like current dates depend on # submitted AOS's. USCIS is saying that on Jul 2 it has submitted AOS's that exhaust submitted AOS quota.
more...
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snathan
02-09 04:59 PM
^^^^^^^^^^^^^^^
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sai.bhargavi
07-07 02:02 AM
I am in NY/NJ area and oraginze some 15 people to show up for the protest, also send out some emails, make some signs & placards
I am in for NY/NJ. Can also muster about 10 ppl or more.
I am in for NY/NJ. Can also muster about 10 ppl or more.
more...
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spulapa
02-02 01:12 PM
[QUOTE=shreekhand;2310147]Nobody is holding them back and that is the very reason they are planning to go back... got it ?
Your rant in the post of all things, especially about the caste system seems like the half baked knowledge of a westerner bloating and carrying the caste "issue" to stratospheric levels!
I don't from what area in India exposed you to your experiences, but apart from the ridiculous reservations and quota system, there have been no caste related issues that I or my family faced while in western India. Be it working with people from all castes, making friends with them or really helping the neglected. This was the case with my neighbors or any relatives.
This shows how ignorant you are about the most prevailing and backward situation in INDIA. Unfortunately the above comments show you like the cat drinking the milk closing eyes thinking nobody is watching her.
Do you even know why the quota system was introduced. it is a different thing that it is not being utilized the way it had to be put into use. You are just from western part of India don't speak as though you are from western part of the world. I guess you don't watch the news where they speak about the various atrocities done on the backward class by the forward class. I feel sorry for your ignorance that is all I can do. When possible go to any NGO social service people and ask about caste system and they will give you ample stories which might shatter your belief. What I agreed with the fellow IV member was on a different issue and I acknowledge the fact that things are wrong in each part of the world and every country has its own share of issues. Just like nobody is perfect not every place is perfect. But not acknowledging the fact that something is so widely prevalent in India just shows how far as an individual you are away from reality.
Peace.
Your rant in the post of all things, especially about the caste system seems like the half baked knowledge of a westerner bloating and carrying the caste "issue" to stratospheric levels!
I don't from what area in India exposed you to your experiences, but apart from the ridiculous reservations and quota system, there have been no caste related issues that I or my family faced while in western India. Be it working with people from all castes, making friends with them or really helping the neglected. This was the case with my neighbors or any relatives.
This shows how ignorant you are about the most prevailing and backward situation in INDIA. Unfortunately the above comments show you like the cat drinking the milk closing eyes thinking nobody is watching her.
Do you even know why the quota system was introduced. it is a different thing that it is not being utilized the way it had to be put into use. You are just from western part of India don't speak as though you are from western part of the world. I guess you don't watch the news where they speak about the various atrocities done on the backward class by the forward class. I feel sorry for your ignorance that is all I can do. When possible go to any NGO social service people and ask about caste system and they will give you ample stories which might shatter your belief. What I agreed with the fellow IV member was on a different issue and I acknowledge the fact that things are wrong in each part of the world and every country has its own share of issues. Just like nobody is perfect not every place is perfect. But not acknowledging the fact that something is so widely prevalent in India just shows how far as an individual you are away from reality.
Peace.
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beppenyc
10-06 11:28 AM
Dems get house and rep hold the senate (with a slim difference)
If the Dems will get the congress, they will be focus on GWB and forget Immigration reform
If the Dems will get the congress, they will be focus on GWB and forget Immigration reform
more...
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abracadabra102
07-28 11:31 AM
It is indeed sad that you continue to pontificate from a perch of indifference and ignorance. We all know that the entire EB immigration system is not a zero sum game (just ask Ron Hira and his ilk). Sad thing is, when it comes to EB3 I's, EB 2's such as you suddenly transform into a Ron Hira lite ... going about throwing broad hints about how the system is setup the way it is ... to serve those 'higher in the pecking order'.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
1) You are "a highly educated (for those that care) Executive that went to Top Private Universities in the US"
2) You built a billion dollar corporation
3) You are threatening to have all EB2 applications audited if your point of view is not accepted by someone
You need help. Go see a shrink.
If we were to buy this weak attempt at making a 'logical point', I would be glad to give Ron a call and have his folks look into YOUR respective EB2 applications and find out if there REALLY was "NO" qualified US worker available for that job. Want to play that game?
Look, the EB system is what it is. Instead of trying to bait others into silence by suddenly finding 'fairness in this system', only because this part of the puzzle narrowly goes to serve / protect your gains ... try to come together to fix the underlying weakness in the system.
For the record, I am not bitter about a 7+ year 'wait'. On the contrary, I have grown professionally thanks to the opportunity to focus my energies towards building a Billion dollar corporation. That said, I would LOVE to see the paperwork of EB2 Java 'gurus' and L1 converts stand up to true scrutiny ... and that would open a whole new can of worms. Game?
1) You are "a highly educated (for those that care) Executive that went to Top Private Universities in the US"
2) You built a billion dollar corporation
3) You are threatening to have all EB2 applications audited if your point of view is not accepted by someone
You need help. Go see a shrink.
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eb3India
04-20 03:31 PM
Per my lawyer,
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
I changed my job twice using AC-21 informed USCIS once, I don't see any risk itz a law, as long as you are able to produce paperwork that your current job is similar to previous one you are safe, any decent employer would give you a supporting letter (oh ya exluding blood sucking desi pimps).
I find many guys calcluate too much and let go good opportunities, get real guys no one is behind you if you have job and not done anything wrong,
I really don't care when I get my GC as long as they renew my EAD ( I am on my foruth EAD)
1. USCIS does not mandate that you must inform when you invoke AC21. You can inform them if and when you get RFE.
2. I strongly believe that we should not accept job offers that is not related to the job you originally applied for. My lawyer says it is usually vague and if USCIS determines other wise I will be in trouble. And for the same reason I am hesitant to accept very good employee offer from my current client.
3. Self employment is ok as long as the requirements are met and that is what is I am doing now.
I changed my job twice using AC-21 informed USCIS once, I don't see any risk itz a law, as long as you are able to produce paperwork that your current job is similar to previous one you are safe, any decent employer would give you a supporting letter (oh ya exluding blood sucking desi pimps).
I find many guys calcluate too much and let go good opportunities, get real guys no one is behind you if you have job and not done anything wrong,
I really don't care when I get my GC as long as they renew my EAD ( I am on my foruth EAD)
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buddyinsd
08-26 10:16 PM
Congrats...Did u see any LUD on 21st Aug?
I think I'm one of last person with the PD of 2005 to get approved.
Service Center NSC.
Had two infopass appointments
Raised SR on 8/5/2010
Many calls to USCIS national customer service
Spoke once to second level IO
Also contacted local congress man and tow senators
My lawyer also contacted NSC regarding my case
Not sure what worked but finally got it. Thank god that this eternal wait is over.
Good luck to those who are all waiting.
I think I'm one of last person with the PD of 2005 to get approved.
Service Center NSC.
Had two infopass appointments
Raised SR on 8/5/2010
Many calls to USCIS national customer service
Spoke once to second level IO
Also contacted local congress man and tow senators
My lawyer also contacted NSC regarding my case
Not sure what worked but finally got it. Thank god that this eternal wait is over.
Good luck to those who are all waiting.
JazzByTheBay
12-17 06:01 PM
Personally, I think I'm beginning to see the shift in attitudes of young Indians now visiting the U.S. - of course, many will be tempted to stay in due course, and most of us here do truly appreciate what this country has to offer.
The point I'm trying to make is the comparative state of the nations (both India and the United States), their respective economies, consumer confidence and hopes of their people, is in fact changing mindsets.
There's no denying that this major shift is well on its way. It's no co-incidence that every single Indian I talked to in the last 2 weeks (temporarily here for education/work/whatever... ) immediately ruled out the idea of making the U.S. their home long-term, or even in the medium/short-term.
In stark contrast, though, the H1B visas do get used up within hours of the visa lottery being opened... but I wouldn't assume all of those wanting to work here for some time on a H1B visa will want to stay back.
Again, I don't have statistics to back up the theory - just anecdotal evidence, with a sampling far too small and based on my own personal experience and conversations...
jazz
Give them a year or two more, when they have become comfortable with the american lifestyle and facilities we now take for granted (driving on freeways, easy access to libraries, parks to go for a run etc), and they will be probably singing a different tune.
I came here eight yers ago muttering the same "Will make a few bucks and go back home" line. Still here and living it up :)
I took up running 6 years ago primarily as i was trying to quit smoking, and also, there was a great running track right outside my house (obviously, free for anyone to use). Then I went to Mumbai last year and decided to go for a run, five minutes into the run and i was being chased by 2 dogs (and i don't mean the cops :p). The point i am trying to make here is. There are things in this country that we start taking for granted. lets appreciate it!
Another tip i would suggest to keep your mind occupied is to learn a foreign language. Invest in an Ipod if you do not have one already. Download free podcasts thet teach french,spanish, german etc. Listen to it while running. You are doing two things at the same time, staying fit and learning.
maybe we can have an IV 5K run sometime in the spring if things do not change. just a suggestion..
The point I'm trying to make is the comparative state of the nations (both India and the United States), their respective economies, consumer confidence and hopes of their people, is in fact changing mindsets.
There's no denying that this major shift is well on its way. It's no co-incidence that every single Indian I talked to in the last 2 weeks (temporarily here for education/work/whatever... ) immediately ruled out the idea of making the U.S. their home long-term, or even in the medium/short-term.
In stark contrast, though, the H1B visas do get used up within hours of the visa lottery being opened... but I wouldn't assume all of those wanting to work here for some time on a H1B visa will want to stay back.
Again, I don't have statistics to back up the theory - just anecdotal evidence, with a sampling far too small and based on my own personal experience and conversations...
jazz
Give them a year or two more, when they have become comfortable with the american lifestyle and facilities we now take for granted (driving on freeways, easy access to libraries, parks to go for a run etc), and they will be probably singing a different tune.
I came here eight yers ago muttering the same "Will make a few bucks and go back home" line. Still here and living it up :)
I took up running 6 years ago primarily as i was trying to quit smoking, and also, there was a great running track right outside my house (obviously, free for anyone to use). Then I went to Mumbai last year and decided to go for a run, five minutes into the run and i was being chased by 2 dogs (and i don't mean the cops :p). The point i am trying to make here is. There are things in this country that we start taking for granted. lets appreciate it!
Another tip i would suggest to keep your mind occupied is to learn a foreign language. Invest in an Ipod if you do not have one already. Download free podcasts thet teach french,spanish, german etc. Listen to it while running. You are doing two things at the same time, staying fit and learning.
maybe we can have an IV 5K run sometime in the spring if things do not change. just a suggestion..
clockwork
07-02 09:53 AM
Only 50 people mailed their package for July 2nd delivery. You got to be kidding. Please post details of your friends as well if they shipped on July 2nd. I remember seeing a post on another thread with speculation of 100K packages. Thanks -:confused: :confused: :confused: :confused: :confused:
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