9.7.11

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  • satyasaich
    01-29 08:49 PM
    What you said was absolutely correct. However most of the times the delays caused in big companies are due to various layers of communications as well as approvals.
    I'm a live example of how i lost the opportunity to file 485 before Dec31/2004 for EB3 category, just because of unnecessary (so called) procedural delays
    NOw, this new rule in place will certainly prompt for good changes in the big companies if they truly want to sponser GC
    Yes, they must act in a timely manner. one way to do is HR should get all the necessary approvals from managers / directors so that they don't lose time. Secondly my observation is there is always a substanial delay at Attorney's office(few exceptions are there) to prepare the paperwork.



    I dont think companies are really geared to file for 140 within 45 days of labor approval.

    Most of the companies take 4-6 weeks to just send the documents the lawyers request for filing 140. Then the lawyers, most likely forget something and request more documents. It takes another 2 weeks for company to send those.

    All in all, on average I think companies need 3 months after approved labor to be ready to Fedex that 140 petition. No malicious intent on the part of employer, its just how things are. 45 days is going to make things difficult for many companies and many of the lazy, slow, procrastinating law firms.





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  • garamchai2go
    12-14 06:04 AM
    It is very important to put proper subject in your e-mail. Please refer to the chennai consulate website for more information. Because of the volume of e-mails they'll be getting, they don't respond to normal e-mails. I got the response the next day. I don't know if i am a isolated case but it doesn't hurt to follow the instructions in the website.

    The email response I got from consulate says following:
    >>>
    Thank you for your e-mail.

    Our records show that because of the recent changes implemented in processing the H1b visas, your cases are being delayed. Your petition information has to be verified in the PIMS database before the visa could be adjudicated. It will take approximately another 5 more work days. Thank you for your patience.
    >>>

    Then I called the consulate officer and she told me that if I dont recieve passport by next Wednesday, then give a call. My case is not complicated..no issues with H1..no questions asked about my employer..just only about my spouse AOS..and I have AP, EAD which means they should have my background information already. I feel like I unnecessarily went to visa stamping. It is taking more than 2 weeks, after visa stamping, to get passport back..so going to India for 1 month vacation with visa plans is very risky..

    Will let you know once i receive my passport.





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  • shyamiv
    08-25 01:17 PM
    I have sent money using icicibank's M2I service . Usually they take 5 working days to remit the money(atleast 8 days to transfer). I made four transactions last week(mon, tue, wed, thu) and they already remitted the money using low conversion rate.

    It just took less than three days to remit the money this time. Bank deliberately did this just to steal money from me. I have lost more than 35 paise per dollar and it comes close to Rs 10,000. This is ridiculous and its a big robbery.

    How do i get my money back? How do i make a compliant about this bank? They have no one to assist me over the phone.

    What to do now?. Rs 10,000 may look too small for us. But how can we let banks to act like a criminals.

    Any help/suggestion/comment?

    It happened with me too. I ended up closing the account for which i had to pay additional Rs.1800 for the reason that i did not maintain a minimum of Rs 10k in the account in India. What a rip off !





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  • letstalklc
    09-11 02:18 PM
    Just a correction SBI charges Rs. 25 for every transaction whether < 1000 or more.

    Service charge of Rs.25/- (inclusive of Service Tax @ 12.36%) will be levied on every transaction where foreign currency conversion is carried out w.e.f. 16 May 2008.

    As per experience, they will not charge if you transfer money directlty into SBI branch in India and if it is Greater than 1000 USD into other than SBI branch, they will not charge even that 25 rupees service charge... It was my experience till last week....you can check with customer support specailist on this.....



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  • sin94
    03-30 04:35 PM
    Question do we have to stop working upon receipt of the denial and wait until receipt of MTR? What are work options when a situation like this occurs

    I have used ac21 and moved to a new employer and although my former employer have indicated that they will not revoke the approved I-140 (485 pending since Oct 07) if they do and USCIS does the same situation as described above for me & wife would I be out of status from that period?

    Me being the primary applicant and wife the derivative are not using our H1's (I have 9 months remaining of my 6 year period and wife 3 years) I accepted a full time invoking Ac21 with the new company and joined using EAD. My wife has accepted a contract position using her EAD

    I read somewhere that if you get a NOID and its the 485 gets rejected (even upon providing supporting documents) are we allowed to work during any of that period? what happens if we respond with MTR? how long will it normally take to respond?

    ADVAthanksNCE :) to all





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  • gc_kaavaali
    12-12 08:38 PM
    I won't be a member at all...because if we make anything mandatory and don't let people realize what we are doing...i think people won't become member...

    There are so many (lazy) people who access this site and not even bother to become member...

    it is like catch 22...If u charge membership fee we will not give access to any of our forums for guests (it should be otherwise what is the use of taking membership)...if u don't give access to our forums how people know what IV is doing...

    again it is my personal opinion...i may be wrong...

    will you be member? I would propose we charge a mere $25 fee for registering and then monthly contribution of say $25. Then we run special funding drives for lobbying when ever required. Will you be a paid member to come out of GC mess?

    Please participate in the poll.



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  • lelica32
    08-13 08:27 AM
    I have a question. My Firm is a really small one, just 1 employer + my = 2. The tax returns are not so good, becouse all the money was invested in a second business. The firm started in June 2005. The Firm has ca. $65.000 in a saving account. My salary will be $2000/month. Will be enough this $65.000 for the USCIS, for the Ability to pay.





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  • immi_enthu
    04-20 02:34 PM
    Received soft lud today on dependent's 485. Will update if anything else happens in the coming days..



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  • waitingGC
    01-31 04:44 PM
    confused now





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  • pansworld
    12-02 01:17 AM
    Maybe I am being naive. But we are not a political organization. I sure do hope we are not. We should be open, clear and precise about our goals and our funding sources/drives. Frankly our opponents pump in millions of dollars into their effort. Maybe one of these days we can compete with them monetarily. But all I know is they can get millions of dollars but not 25000 committed members.

    Also please consider that charging people for reading posts et al or instituting monthly payments will drive people away. People who cannot pay will not pay. All we lose is participation which is more important. You will agree that we want more participation not less.

    Hence IMHO we disclose our goals. We disclose our costs up front. We have nothing to hide.



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  • anilsal
    12-13 12:26 AM
    there are many folks whose entire GC process (apps, EAD/AP for the entire family) is funded by the employer. If such folks cringe on the thought of contributing to IV on a regular basis, then there is something wrong with us. :)

    Contributing to IV is helping your own cause. :D





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  • never_giveup
    09-17 01:37 PM
    If today its approved in the house..we are done..it goes the Prez for signing and we all add another card to our wallets:o

    And don't forget to wait for you mail man everyday satrting tomorrow, as he will not drop it in the mail box. Instead he would deliver it in hand with a special message from Bushy :p



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  • optimist
    06-11 10:00 AM
    Hi Gurus,

    I need an advice from you.

    The situation:
    -- Involved in a collision few months back. As I had rear ended the vehicle, as per the investigation, it was found it was my fault(80% mine - 20% others)

    -- Now after more than 18 months, I get a law suit for 3.25 million dollars(. This was served against ppl who were involved. Right now my I have my EAD and AP and maintaining H1 status.

    So what are my options now?

    1. Check with attorney and start defending..?
    2. pack the bags and go back to my country ? If so, will there be any issues in coming back again, say after 3,4 years?
    3. What about my GC?

    Any help would be greatly appreciated and I guess it would be a biggest decision of my life ..

    Thx,
    PD is Nov 2006.

    Sorry to hear about your case. Trust me, such liability suits are extremely common these days in America, and there is no cause for alarm as long as you take all the necessary steps.

    If you had liability insurance for your auto at the time of the accident, the first thing you have to do is to call that insurance company and let them know about the lawsuit. THEY will hire and pay for a lawyer to defend you. If you want to be even more comfortable, you might also hire another defense attorney by yourself.

    The catch is, your insurance lawyer will only defend you upto the amount of liability mentioned in your insurance. If there is any judgement over that amount, your personal assets are at stake. This happens only in very very rare scenarios. Most of the times, such lawsuits are settled out-of-court. The amount mentioned in the lawsuit ($3.25 M) is totally irrelevant- what they would eventually get (if any), will be far far away from this figure.

    Assuming that there are no criminal charges, and this is a civil tort case, there will be no impact on your immigration proceedings at all.

    Make sure you take all the paperwork very seriously and do not ignore any letter/notice/deadlines. Don't even think of running away- its not worth losing your career you have worked so hard for. Unless yours is an extremely unusual case, all that you stand to lose is several nights of sleep and thats all.

    I have some links for you to look at:

    http://www.illinoisprobono.org/index.cfm?fuseaction=home.dsp_content&contentID=2116
    http://www.laborlawtalk.com/showthread.php?t=111066
    http://www.millerandzois.com/Maryland-Personal-Injury-Lawsuit.html
    http://ask.metafilter.com/18037/Insurance-Company-Woes
    http://www.ashcraftandgerel.com/autoacc.html
    http://www.psp-interactive.com/issues/articles/2007-02_09.asp
    http://www.rbs2.com/cc.htm
    http://medicaleconomics.modernmedicine.com/memag/article/articleDetail.jsp?id=111402

    Good Luck!





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  • Ramba
    02-18 04:32 PM
    Ramba:

    if the transfer/extension of H1B gets rejected after travelled on AP, is it possible to move on EAD and continue working legally? I am talking worst case scenario here.

    Although my lawyer confirmed that one can still have a valid H1B status after travelling using AP. My co-worder is still in doubt. Our corporate attorney seems to be clueless for this tricky situation.

    Even USCIS is clueless. My feeling is that generally (about 70-90% time) they will grant the extension/transfer as it brings lot of revenue (fee) for them. But, if some officer may feels that, to seek the transfer cum extension one should be in same status. It is hard to convince them in case of RFE, as there is no specific memo/policy/regulation for this situation. It also fuels the natural doubt of the officer?. Why the AOS applicant entered on AP seek non-employment chage of status (instead of using EAD)? Using EAD and AP is simple and avoids complications in employment transfer. This is my view.

    To answer your question, you can use EAD in case, if your H1B transfer fails.



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  • logiclife
    02-01 12:25 PM
    A lot of people are responsible for these happenings and a lot of people are responsible for exposing all this. Its not one person or one organization here in play.

    Read the John Miano's testimony in Congress in July 2006. Do a google search and see.

    There are people like him who have dedicated serious time and effort in exposing the misuse of H1B by a few bad apples and then use them to paint the entire H1B program as evil and unneccesary.

    And no, we are not responsible for this.

    The companies that exploit and the DOL that looks the other way when this happens, and the AILA that goes in lockstep with exploiting employers are responsible.





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  • kubmilegaGC
    09-15 09:59 AM
    I believe it was last year(not sure exactly) when USCIS started this new initiative where the AILA members can send an email and "Remind" them that a particular case is current. Basically you will send an email with the subject

    EB I-485/SEPT or EB I-485/OCT or EB I-485/DEC (Month of the VB when you will be current)


    and the body will have just the A #s

    A123456789, A987654321


    Note if you have multiple A#s (self, spouse etc) seperate it by comma.

    send it to
    streamline.tsc@dhs.gov OR streamline.nsc@dhs.gov

    You will get an automated reply with in minutes

    I not sure whether this works...but hey who cares all that you are doing is sending an email.

    OR the lawyer has to send this email...very trivial question but I did not get that from your post. Thanks for sending this along...I dont know if many of us knew. Thanks again.



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  • trueguy
    06-13 02:51 PM
    If they don't want to bring more people in US then they should stop accepting New H1Bs. Every year 85K families come here on H1B and that add to this bad economy.

    All people who are waiting for GC are already in US and issuing them GC doesn't affect the Labor market for US.


    Thanks

    Guys!!!

    Had it been the year like 1999 with all the efforts from IV, I am defintely sure the CIR reforms would have passed by now.

    Issue here is the economy, recession looming large on our face, unemployment level rising, and no one knows whats going to happen in the next two-three years becuase of credit crisis and oil price going above the roof. If this continues for another year, we will be in deep s***.
    Thats why no will dare to increase the workforce by issuing more grren cards. Atleast we should feel happy that they havent stopped issuing the cards.
    I know its painful to be waiting for years to get a GC. But you do not know how green that card will stay if the current financial crisis continues for 2-3 years.
    Fact is, this country is going thru a difficult period of uncertainty. Because of election year rhetoric, no one is going to accept it. But clearly, its not in their interest to get more workforce into this country. They know we have been waiting, and will continue to wait. Look at 2002/2003/2004, when they issued only 20K visas for the entire year. So just hope that things will get bright for this country soon else, we are in for an another hell ride.





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  • hibworker
    03-26 07:12 PM
    Soft LUD on Mar 19, didn't apply for EAD / AP. 485 Received date of Aug 1, 2007





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  • rkm
    10-07 07:24 PM
    Global economy downfall impact will be there in india also,Indian Stock market is also going down, Due to Inflation, High interest ,Election year (India). It is better to wait till next year.


    Even in Mumbai, prices are coming down (~10-20% from last year) however they are so high right now it has to crash more than 50% to come in "NRI" range. I feel sorry for the common middle class of Mumbai... They have no options but to go beyond Borivali and Thane even after crash :( ....





    gjoe
    01-30 05:19 PM
    I sent that question in for the debate about 2 weeks ago. Glad it is on the list. I cannot access this link now for some reason

    I guess we should use chances like these to get our agenda heard by the people and the govt. There are going to be atleast 3 more presidential debates we should try to get this question asked atleast in a couple of them. We can modify the question to make it more broad, but still keep the focus on legal immigration problems by highlighting it.

    PS: You have earned yourself some green ;) I mean rep points from me





    santb1975
    01-30 05:07 PM
    it is at 22 now. I will post this on the so.Cal chapter