Friday, June 24, 2011

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  • sledge_hammer
    04-15 10:58 AM
    Your employer did not put a gun to your head and told you to fake your resume. You wanted a quick way to get into a job and you knew what you were doing.

    Like someone else here has commented, you both deserve to pay the price for what you have done!

    Hi,
    I am on H1B without job and no paystubs.
    My employer has been trying to find a project for me but till now he couldnt get anything.
    Its been 6 months alreay since I am on H1B visa.
    He made me modify my actual experience to include fake projects .
    Now I am thinking of filing a complaint to DOL.
    I have my H1B petition and offer letter from the employer.
    But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
    What should I do? Will DOL take any action against me?
    Any success stories of DOL complaint filing?




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  • unitednations
    02-27 12:27 PM
    Hi all

    I am a green card holder. I received my green card through an application filed by a former employer, and received it in September 2004. I got married in Arpil 2006, my wife is from my home country, she had been in the US previously on an F-1 status which has since ran out. She became pregnant soon after we were married. She came up to the US last September on a B visa. She was given 6 months stay on her I-94; and had the baby here in January of 2007. Her expiration date on the I-94 is in 3 weeks and she is going to leave (with the baby) to maintain good status standing.
    I filed for her (I-130) last July. Our plan at this time is for her to go to grad school, apply for a new F-1 to come back here. We are presently waiting for a decsion on the grad school application from the school she applied to.
    I hope this isnt too confusing, but can anyone offer any suggestions or help with our situation? In terms of what options are out there for my wife to be here with me if things dont work out with grad school/ F-1 visa? As I mentioned I did file for her, but as I am not a citizen it will take longer. Also our newborn baby is a US citizen as she was born here.
    Thank you!!


    This is why consulates and uscis are so tough.

    You got married before she got the visitor visa? Did you tell the truth on the visa application? If you did then they probably wouldn't have given the visa.

    Now you have filed I-130 for her which difinitively shows immigrant intent. On the I-539 form if you tell the truth they will deny the extension/change of status because she has shown immigrant intent.

    Sorry, not much good news for you.




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  • RenaissanceGirl
    10-21 02:59 PM
    I've been using Painter Classic/7 on and off. The interface is a little hard to get around, since it bears little resemblance to other graphic software. However, I discovered it is more oriented towards traditional art.

    And I agree with Ed - not much use for it if you don't have a tablet... unless you're really good with a mouse.




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  • perm2gc
    08-30 12:50 PM
    Dear IV Members,

    The IV members have been traveling to DC and other locations while they meet the policy makers, special interest groups and the lawmakers in Washington DC. We have a few core members who have spent thousands of dollars from their personal savings for travel purposes.

    Since the core members have a preference to not draw money from the funds collected to date to be spent on travel, I am proposing that IV members donate their Frequent Flyer Airline Miles to IV. Typically, it requires about 25K miles to get a ticket in continental US and all the miles for a ticket should come from one account.

    These airline miles would be used for the core members if and when needed. You need not transfer the miles at this time and only need to pledge. I will prepare a list of personnel who pledged and will contact you when your miles are needed. Miles on major carriers- American, United, Delta, Continental, Southwest etc..are welcome.

    To kick start the pledge drive, I am donating 25,000 Airline Miles on American Airlines to IV.

    Come on members..! and pledge in this novel pledge drive for Immigration Voice.
    Good Idea but as far i know the miles should be used by the account holder itself(I know southwest has that policy)but rest i am not sure



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  • GCOP
    08-22 01:21 PM
    EAD Renewal RD: 6/24/08 at TSC

    Still Waiting for EAD Renewal Approval




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  • saimrathi
    08-10 03:51 PM
    Great find..

    Please post all news related info here http://immigrationvoice.org/forum/showthread.php?t=4805&highlight=media



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  • jettu77
    03-31 08:37 AM
    Congratulations!




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  • snathan
    01-22 08:25 PM
    I was working for a Company A with whom I recently had my petition extended until this year Aug. Then I got laid off and then changed to Company B in Dec 09. But since then until now which is 6 weeks my current employer (his lawyer) has not filed my H1 to USCIS and going to do it shortly. But then Company A again want to rehire me now. One good thing is my Current I-797 petition is with Company A which is not revoked and is valid. But the bad news is they say I've been out of H1 Status since I left them in Dec and that would be a problem for them and for me to rehire me.

    The Options Company A is giving me is to go out and get restamping done based on the current petition I have and agree/confess to Consulate that I was out of H1 status for 6 weeks and was under unauthorized employment (which I did not intent to break law as I only came to know a week back that my new employer has not filed the H1) and ask their forgiveness to come out clean. But under the current H1 weather I really don't want to risk going for restamping is one and revealing that I was out of status for 6 weeks which leave my chances of restamping slim.

    So I'm really looking for an answer here from someone who either has went through my situation or someone with experience or a professional advice. Just let me know how can I join back Company A legally without going out of US to restamp?

    Ask them to run the pay roll for those six weeks and pay the salary. Then you should be fine as your H1 is not yet revoked.

    PS: Check with attorney.



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  • patelkirti
    04-19 11:56 PM
    Thanks,

    About paper and email trails, i think i got each and every one of them! I'm very well covered there..

    Will keep you guyz posted!




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  • cool_guy_onnet1
    03-10 12:16 PM
    How does USCIS know about salary ? I understand that if they send rfe, we need to send the w-2 but does IRS also send the w2 information to USCIS? The other question is whats the criteria of judging the salary? Is it w-2 or pay stub ? My pay stub has been showing the correct salary but w-2 does not reflect that much since I was out of the work for quite sometime.

    I MAY switch my job and this is an emergency.
    Please pardon the relevancy.
    Thanks



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  • rb_248
    11-17 02:27 PM
    My company is layingoff people. We have been through 5 rounds of layoffs. They have asked all the H1Bs to hold off until about 6 months after the final layoff is over. They have issued written memos to all my cols in H1B stating this reason. Truly unfortunate.




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  • Sakthisagar
    11-19 09:10 AM
    Good Luck to all of you, but nowadays if a person is below the age of 60, getting a Visitors Visa is difficult, but there are exceptional cases too.but no guarantee that they will issue a Visa. Show bank account, or real estate in their names, And also appoint letter may help, but there is no guarantee, only Visitor's visas issued for youngsters are Celebrities, Business persons, diplomats and if you are able to convince US consulate that you will come back for sure. (with proving documents!) otherwise it is difficult to my knowledge.



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  • insbaby
    07-31 01:13 PM
    Dream:
    EB3 I - OCT 2004 - CURRENT (Long long ago.../Once upon a time...)

    Happened:
    EB3 I - OCT 2005 - 01/JAN/98
    EB3 I - OCT 2006 - 22/APR/01
    EB3 I - OCT 2007 - 22/APR/01
    EB3 I - OCT 2008 - 01/JUL/01

    Expected:
    [Deleted as people take it seriously]


    Here is the updated content:
    EB3 I - OCT 2009 - God Only Knows
    EB3 I - OCT 2010 - God Only Knows
    EB3 I - OCT 2011 - God Only Knows
    EB3 I - OCT 2012 - God Only Knows
    EB3 I - OCT 2013 - God Only Knows
    EB3 I - OCT 2014 - God Only Knows




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  • h1b_tristate
    07-28 07:53 AM
    U will get a 3 year H1-B with the new employer.
    i donot have experience with PERM. From what i know it varies from state to state. typically 6 months, may be longer or shorter.
    --MC


    Thanks for the reply Mchundi, however, if i CHANGE the job does the rule for a 3 year H1B STILL apply? I mean how does the 3 year thing apply to me? I only have a little over 1 year on this current H1 (out of SIX years).



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  • seeking_GC
    07-28 07:33 PM
    This is the content of the email I received.


    Receipt Number: WACXXXXXXXXXXX
    Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
    Current Status: Case Transfered to Another Office for Processing

    On July 28, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.
    If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.

    *Current processing times can be found on the USCIS website at USCIS Home Page (http://www.uscis.gov) under Case Status and Processing Dates.
    *** Please do not respond to this e-mail message.


    =========================

    DSLStart can you please post the contents of the email you received?




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  • iptel
    05-18 03:26 PM
    Great work IV core team! EB immigration will be benefited by the work done by IV core team sooner or later. Keep it up!!

    One will wonder that Indian Government will do something as the India and her economy are benefited by EB immigration big time in last decade. In the global economy the overseas workers are the greatest strength India has and as usual they are completely ignoring the problems faced by EB immigrants in the USA.

    Just a thought,


    Involving India or any other foreign Government is not a good idea. It can result to severe backlash.



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  • kutra
    01-20 05:22 PM
    My wife is the primary on the insurance and I am the dependent. My employer does not offer insurance. It is a consulting co. I checked with him; he said there were not enough people to go with Group policy and people have to find Individual Insurance. So COBRA may be the only option if something changes with her job.

    In that case, your wife is eligible for COBRA. See eligibility guidelines (Q3: Who is entitled to benefits under COBRA?) here: FAQs For Employees About COBRA Continuation Health Coverage (http://www.dol.gov/ebsa/faqs/faq_consumer_cobra.HTML).




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  • sandy_77
    09-16 06:06 AM
    They may ask you whether you are going to work at the employers location or whether you are going to work at some third party's location. In the latter case you you may be asked to submit a copy of the contract between the end client and your company for your job specifically. Your previous denial may have an impact but your new case should not be rejected if you have sufficient documentation. Only if the previous denial was because of a "fraud" should it become a difficult issue for you to get a visa because i think such cases have a limitation of a few years before you can re-apply.


    Hi Suresh,

    thanks for your time and effort to thoroughly answer my questions.

    I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.

    So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?

    Thanks.




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  • gc_chahiye
    11-27 01:47 PM
    Rajen,
    Thanks for your advice. He does not want to come to US for job as he left US for good.the consulting firm told him that they have applied for his substitution and brought him back here. So I am a little concerned to know if there is any other way of Labor substitution.
    Consulting company lawyer says they filed it prior to July 15.
    Thank you

    If they filed it before July 15th, then yes its possible that they are telling the truth, as its only been banned from that date onwards. Expect a lot of scrutiny of the case (it got banned because of lots of fraud related to it).

    Typically LC is substituted at I-140 stage by requesting the USCIS, however substitution can also be done at LC stage by requesting DOL.

    Whats the status of the LC now? Why has the I-140 not been filed?




    texcan
    07-29 10:48 PM
    I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.

    I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.

    What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:

    1. Use the special E3 work visa for Australian citizens.
    2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.

    well ...if the option is between "difficult spouse"/"GC " why bother with either....I thought of something else when i saw the title. pls donot mind...

    On serious note, Since your spouse is australian citizen you can easily use E3 visa ( its very simple) or better yet just go ahead and marry her in court right away, register marriage and have the big gala family ....marriage event later.
    My 2 cents...take it easy and make it simple. Its a happy occasion donot waste time on immigration issue in next few months, enjoy the courtship time...immigration will fall in place and even if not ...life matters.




    mambarg
    07-27 02:01 PM
    Thanks.
    I wish I should I have acted against the USCIS notice on july 2nd saying they will reject. I should have listened to Rajiv khanna website who was saying that the app should be filed even if it was sent back.
    But my attorney said its no use to beat the system and I should wait till october.
    I listened and kept quite for few days and later decided on July 16th that What the heck !!!. Let us submit even if it is returned and went ahead.

    Every day matters as the counter is 180 days. It is like a time bomb clock.

    I think now we can just mark on our calendars the 180 days which includes some months of 31 days and mark exactly the date and time and plan to celeberate it to fulliest.



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