Monday, June 20, 2011

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  • reddy_h
    08-14 04:04 PM
    Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
    Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.

    I am really sorry for you, buddy. This is a stupid mistake by USCIS. Atleast they rejected your wife's application before Aug 17th so now you can refile. But I would advise you to send separate checks now. Even if EAD or AP applications are not properly filed, they will atleast accept I-485 if you send separate checks.




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  • arihant
    12-02 10:54 AM
    I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.

    If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.

    There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.

    People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.

    Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.

    You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.

    Well, my case is pending at BEC in TR queue. After the RIR conversion rule became available, my lawyer is converting mine to RIR. Well, when she sent for wage determination, TWC is classifying my wage scale at a higher rate than anticipated. This is because one of the lines in my job description refers to the job involving "technical supervision..". As a result this job is being classified as a supervisory position. The lawyer sent a letter clarifying that it is not a supervisory position, but no luck. However, the lawyer says she can change the wordage slightly while submitting in RIR and reprase it to clarify that it is NOT a supervisory position. Has anybody come across such a scenario? The lawyer seems to think that it is ok to make such a change and all I can do is hope and pray that she is right.




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  • gc28262
    07-18 03:47 PM
    On H1B it is illegal for employer to enforce bond:

    Please read employees rights in DOL page:

    Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)

    Employee Rights
    H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.




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  • belmontboy
    12-04 10:25 PM
    http://minx.cc/?post=279217

    you live your life dude, don't let any other M'fer control it!!!



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  • nlssubbu
    10-02 11:38 AM
    Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?

    Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.

    The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.

    (Though I got GC now, my H1 is valid till end of 2010 :) )




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  • reddymjm
    09-17 12:56 AM
    Done



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  • coopheal
    11-08 12:56 PM
    The statistics they have provided might be correct but useless for any PD date information. Applications include all kinds of 485s, AP, EAD and renewals.
    If USCIS really wanted to provide statistics they should have provided how many EB based 485s they have (further dividing them by PD year and country), and same thing for family based. Clubbing these two together is stupid.




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  • acecupid
    02-24 02:43 PM
    How long did you get extension for without purchase order or letter from client ?



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  • ImmigrationAnswerMan
    07-24 03:42 PM
    Sanjay:

    Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.




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  • talash
    04-25 03:15 PM
    I 140 denaie d.please help to start new thread



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  • gimmemygreen
    01-07 12:14 AM
    I recently quit Wipro in United States after servicing two weeks notice period. Wipro didn't want me to stay longer as client was not willing to pay longer than two weeks. I have not signed any service agreement with them when I came onsite on H1B. However, they insist that their deputation letter sent through email is legally binding on me even though I didn't sign a hard copy of the letter. They are asking me to pay $10,00 or serve 6 months notice period which is no longer possible as I have already joined another company. I am seeking legal help in India and planning to sue them as they have withold all my PF, Gratuity, Leave encashment and other dues, experience/relieving letter. Is it possible to sue them in United States as I currently do not stay in India? Also, can I complain to DOL, USCIS about these issues. If yes, how do I go about it?

    Sue them buddy. It has potential to become a class action. Wipro is the worst employer with third class management. Managers at Wipro can't even spell Management correctly. Couple years back interviewed with and was sitting on a bridge waiting for these clowns to call in for 35 minutes. After talking to them for first 5 minutes, I hung up my cell phone and never picked their call again. Azim Premji should go back and sell his cooking oil. Managers responsible for this kind of fraud should do 20 years in federal penitentiary and then deported back in plane full of shit to their native country:D.




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  • starscream
    09-16 04:24 PM
    There is a separate original thread for calls in support of HR5882

    http://immigrationvoice.org/forum/showthread.php?t=21393

    people who are calling please post replies on that thread....so that we can get a good count..instead of having 2 separate threads



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  • bank_king2003
    04-21 12:28 PM
    I don't think constitution allows suing Congress because it has immunity. Based on the their approval ratings you would see thousands of lawsuits everyday if it was allows to sue congress.

    RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)

    In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)

    So it seems we cant do much against USCIS on the lawsuit besides making congress to act. why 'Politicians' are not good in any country ???

    Btw, even i am EB2 - i support porting as i have seen EB3 people working with me and they are no where less in skills .... i want to file a lawsuit so that we can bring some lazy asses to justice like USCIS.




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  • GC_ASP
    08-14 02:50 PM
    $ 745 is the total fee for I-485, I-131, I-765 & biometrics. Many people sent single check of $745 per application. It is weird to see that kind of rejection.



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  • small2006
    07-21 10:27 AM
    See my post here under the subject "FP Notice received..finally!"
    http://immigrationvoice.org/forum/showthread.php?t=20288

    Hope this helps.




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  • gc_on_demand
    06-16 09:33 AM
    Please call lawmakers. We have full commitee hearing on 23rd and then soon we will on floor for voting. If we wont call then it may not make it to floor. For details go to home page.



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  • wonderlust
    07-19 12:17 AM
    :confused:
    My lawyer siad it is not necessary to have either W2 or Tax return documents for I485. I read the filing instruction about 4-5 times and did not find this requirement.

    I did not send mine. Hope it's not a problem.
    W




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  • pardesh
    11-19 01:06 PM
    This was the our Immigration Lawyer's response:


    AP is valid for multiple entries. Generally you receive three
    original approval notices. When you reenter the U.S., the officer will
    sometimes keep one of the originals, but you will still have two others
    to use on future trips. Occasionally, the officer will stamp the AP and
    then return it to you to use again, but if he keeps the original,
    there's not much you can do about it. If all the originals have been
    used, then you will need to file for another AP for future trips.




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  • aj1234567
    09-27 05:04 PM
    Hi Gurus-
    One of my friends had received strange letter from the consulate saying that

    We are obliged to inform you that petition for temporary employment for xyz InfoTech .has been returned to the department of homeland security(DHS) for reconsideration, in your case you did not meet the necessary criteria of the visa category, we have asked DHS to revoke the petition.

    With this letter we are returning your passport. no additional information or documents are required from you.

    We will contact you once a final decision has been made on your application

    Please advice me why they send this letter and what necessary action we need to take..


    Thanks
    Aj




    sanjay02
    07-24 02:49 PM
    Hi
    I am July 2007 filer my PD Nov 2005, I had a interview on Feb 2009 after interview , the Immigration office gave me a letter, which says the following

    "Your case has been continued for the unavailability of VISA"

    Does it mean once the PD goes to Dec 2005 I will get my GC? Would I have to do anything from my end like going to local USCIS office?




    vin13
    09-30 01:10 PM
    Any idea what these LUDs may be which you had

    LUD on 09/22, 09/23 ,09/29 and 09/30.
    EB2 India Mar 2005 NSC

    No idea...these were just soft LUD....the last updated date was changed online.



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