indianabacklog
10-29 02:58 PM
Source: NumbersUSA.com
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
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I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
Not sure if anything could be attached but at least if this bill were to be approved and enforced maybe the possibility of immigration reform might follow.
In all instances we keep hearing that we have to close the border first from dozens of lawmakers then we can consider dealing with immigration laws.
It remains to be seen if they are true to their word.
A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.
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I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.
Not sure if anything could be attached but at least if this bill were to be approved and enforced maybe the possibility of immigration reform might follow.
In all instances we keep hearing that we have to close the border first from dozens of lawmakers then we can consider dealing with immigration laws.
It remains to be seen if they are true to their word.
GCaspirations
10-04 10:53 PM
I tried cannot update the poll, but if AUG guys get it then Sep guys will get it as well...
I understand that, if people from Aug have not received the FP notice then how the Sept people will get it. But as you know USCIS is unpredictable and I was looking for how many people are stuck like us.
I wanted to track this and I opened the thread too, but it was closed by the administrators.
I understand that, if people from Aug have not received the FP notice then how the Sept people will get it. But as you know USCIS is unpredictable and I was looking for how many people are stuck like us.
I wanted to track this and I opened the thread too, but it was closed by the administrators.
seekingadvice
12-07 03:10 PM
Hi Everyone,
We r in a totally confused state of H1,H4,Visa & passport. I would be very gr8ful if u can help.
The thing is my husbnad is on H1 & me on H4.
His H1 was getting expired in Jan07 & has been extended till May08.
His passport is getting expired in Sep07(the 10yrs validity will be over & we will need to get a new passport plz mind new not renewed).
We r going to India in Jan-Feb07 & would like to get the Visa stamped there. Now the US consulate says that you present a passport that is valid for at least 6 months beyond your date of anticipated stay in the U.S. i.e May08 in our case.
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
3) Will appointment be available in Feb or we r too late ?
We have not yet sent the application for new passport. Not getting a clear cut solution for this situation we even wrote to the US consulate but no relevant reply.Plz suggest what is to be done.
Thanx in advance.:)
We r in a totally confused state of H1,H4,Visa & passport. I would be very gr8ful if u can help.
The thing is my husbnad is on H1 & me on H4.
His H1 was getting expired in Jan07 & has been extended till May08.
His passport is getting expired in Sep07(the 10yrs validity will be over & we will need to get a new passport plz mind new not renewed).
We r going to India in Jan-Feb07 & would like to get the Visa stamped there. Now the US consulate says that you present a passport that is valid for at least 6 months beyond your date of anticipated stay in the U.S. i.e May08 in our case.
Questions:-
1) To take an appointment in India we need to get the HDFC bar code, for which we need to present the copy of first page of passport. Can we take an appoinment on the basis of old passport & then carry both the old & new passport at the time of interview?
If yes, on which passport will we get the stamp? If only the old passport then do we need to take another appointment later to get the new passport stamped.
2) Do we need to take seperate appointment for my husband & me to get the stamping done in India ?
3) Will appointment be available in Feb or we r too late ?
We have not yet sent the application for new passport. Not getting a clear cut solution for this situation we even wrote to the US consulate but no relevant reply.Plz suggest what is to be done.
Thanx in advance.:)
boston_gc
01-25 05:49 PM
Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.
Good luck!
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
Good luck!
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
more...
garybanz
09-27 06:49 AM
Did some one call USCIS to get receipt numbers? Any pointers to calling USCIS...what do i give as reference numbers?
Thanks.
Thanks.
javadeveloper
10-21 10:54 PM
140 APPROVED.
In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.
Good luck to all waiting for approval.
Congrats!!!Any Idea about minimum salary requirement for Eb2 position?
In addition to the first RFE as above,i received one more RFE.In the second RFE they mentioned that education and experience satisfies labour,but wanted more documents from company to prove A2P.Company sent tax returns and got the approval in 6 days.Yet to receive the notice.
Good luck to all waiting for approval.
Congrats!!!Any Idea about minimum salary requirement for Eb2 position?
more...
bec
11-04 06:36 PM
Hey i was so happy to read that EB3 was current in your post, but got disappointed after i read your msg :(
I dont think we can change the title, the moderators have to change it !!!!
you can change it.
I dont think we can change the title, the moderators have to change it !!!!
you can change it.
bharol
06-16 12:59 PM
Ouch, that hurt.
We had an attorney and she did not prepare us for what to expect. However, I should have researched it and am now in a bind.
Thanks for the advice.
Come on.
Do not expect attorney to tell you to renew your passport.
Dumb -- Dumber -- Dumbest!
We had an attorney and she did not prepare us for what to expect. However, I should have researched it and am now in a bind.
Thanks for the advice.
Come on.
Do not expect attorney to tell you to renew your passport.
Dumb -- Dumber -- Dumbest!
more...
shensh
02-15 09:43 AM
In order to apply under EB1, she must be L1-A holder which means her positions before/after the internal transfer are at executive or managerial level (some companies are very strict on their definition of "executive" level, usually not for someone with 3 years experience). Otherwise she can only get L1-B for skilled worker which is not qualified for EB1.
Her best bet is to apply for H1-B, the fact that her husband is GC holder does not matter to her H1-B application as long as her employer gets her H1-B quota and 797.
Her best bet is to apply for H1-B, the fact that her husband is GC holder does not matter to her H1-B application as long as her employer gets her H1-B quota and 797.
h1techSlave
03-25 07:36 PM
I would probably tell them that you want to go to India on an urgent personal reason and get back the passport.
I am not sure, what other option you have after getting the passport.
I went to US Consulate Montreal Canada yesterday and they held back my passport, Copy of LC, Originals of my I 485 and H1/H4. They told me your company is too small 7-8 employees and need to search the company. I had my H1/H4's got stamped in Toronto in 2005 without any problem.
My I 140 is approved in June 06, Submitted I 485 in June/July 07 got EAD Cards in Oct.-07. I also got my 3 years H1/H4 approvals on Jan-18th, 08.
Any idea how much time they are going to check the status of the company? Does the size of the company really matters? I am paid regularily and my company is a real estate investment firm, due to recent recession the profit of the company is low as compared to previous years. Will this make any difference. I am EB 3 with priority date July 30th, 2003.
Any advise?? Has some one been in the same situation. My older son is in college and has exams on Monday? Any thoughts/suggestions.
RV
I am not sure, what other option you have after getting the passport.
I went to US Consulate Montreal Canada yesterday and they held back my passport, Copy of LC, Originals of my I 485 and H1/H4. They told me your company is too small 7-8 employees and need to search the company. I had my H1/H4's got stamped in Toronto in 2005 without any problem.
My I 140 is approved in June 06, Submitted I 485 in June/July 07 got EAD Cards in Oct.-07. I also got my 3 years H1/H4 approvals on Jan-18th, 08.
Any idea how much time they are going to check the status of the company? Does the size of the company really matters? I am paid regularily and my company is a real estate investment firm, due to recent recession the profit of the company is low as compared to previous years. Will this make any difference. I am EB 3 with priority date July 30th, 2003.
Any advise?? Has some one been in the same situation. My older son is in college and has exams on Monday? Any thoughts/suggestions.
RV
more...
PBECVictim
10-06 04:46 PM
Our PD : Dec 22nd 2003, EB2 India. It was pre-adjudicated on Sept 18th 2008.
My petition was approved 4 months back, after calling 100 times USCIS.
In my wife's case we spoke with IO on Sept 4th.
Created Service Request on 5th Sept.
During September 2nd week spoke to IO, IO sent an email to IO who is looking at petition.
During September last week we got Service Request generic response "Wait 180 days" which I have seen 2 times in my case .
On Sept 29th sent 7001 form to Ombudsman. Ombudsman office might have received the application on or before 1st October.
October 2nd 2009 my wife's petition approved.
So if your case is genuine case problem. Don't waste your time calling Immigration officers. Send 7001 form to Ombudsman's office.
My petition was approved 4 months back, after calling 100 times USCIS.
In my wife's case we spoke with IO on Sept 4th.
Created Service Request on 5th Sept.
During September 2nd week spoke to IO, IO sent an email to IO who is looking at petition.
During September last week we got Service Request generic response "Wait 180 days" which I have seen 2 times in my case .
On Sept 29th sent 7001 form to Ombudsman. Ombudsman office might have received the application on or before 1st October.
October 2nd 2009 my wife's petition approved.
So if your case is genuine case problem. Don't waste your time calling Immigration officers. Send 7001 form to Ombudsman's office.
hsingh82
03-09 09:47 AM
Dear All,
My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
Amar
Firstly, I don't understand what was the rush to file for your wife's H1 when your PD was so close. You must have seen the market in US for a long time and must know how desi consultancies work. Having said that, I would encourage you to go ahead and file the complaint. Don't get scared by these threats, it's not easy to harm anyone's family even back home in India. I took my employer to the court and the case was settled between lawyers but for you DOL is better. If you don't do anything at this point, it will keep bugging you all your life that you couldn't do anything against a blood sucker even when you are in USA (in my case that was the motivation even though I was at the edge financially).
My wife had applied for H1 last year through one desi employer. We received the H1. The employer took initial money from us to pay for the H1 fees promising that once project got started he would pay back. But during search for a project he mentally harassed us a lot. Luckily my PD became current, my wife got EAD and we could work independently. We were thinking of complaint against him to DOL. We have even prepared the case with all the documents and everything.
We were ready to send it but yesterday we came across a case of one Vishal Goyal who sued Patni for paying him low wages. Patni then threatened to harm his family in india if he doesent withdraw the case.
We are just afraid of something like that. I request people to please share if they have been abused by desi employer and if they have sucessfully complained to DOL and their experience in what they went through. Thank You.
Amar
Firstly, I don't understand what was the rush to file for your wife's H1 when your PD was so close. You must have seen the market in US for a long time and must know how desi consultancies work. Having said that, I would encourage you to go ahead and file the complaint. Don't get scared by these threats, it's not easy to harm anyone's family even back home in India. I took my employer to the court and the case was settled between lawyers but for you DOL is better. If you don't do anything at this point, it will keep bugging you all your life that you couldn't do anything against a blood sucker even when you are in USA (in my case that was the motivation even though I was at the edge financially).
more...
slammer
05-14 12:28 PM
We are also stuck in CP. We live in Canada since a couple of years (we're not Canadians) and are just waiting until we can finally move to the US. We are so frustrated that we decided to apply for an H-1B this year together with our GC-sponsor/employer.
Yes, it's true that CP usually is the faster route - when you compare the processing time between AOS and CP. But I think CP has the great disadvantage that you cannot apply for EAD. I'm no fan of CP but there's nothing else you can do if you live outside the US when you apply for the GC.
Yes, it's true that CP usually is the faster route - when you compare the processing time between AOS and CP. But I think CP has the great disadvantage that you cannot apply for EAD. I'm no fan of CP but there's nothing else you can do if you live outside the US when you apply for the GC.
up_guy
09-25 02:03 PM
Porting PD Imp Approach & Question
Background-
Working with employer A have approved labor and I-140 EB3 and have a copy of all documents. Also have an approved EB2 PERM with employer B.
My questions are �
1) Can I transfer my H-1B to employer B to file new I-140 using EB3 Priority Date using recently announced premium service and I will tell employer A that I am on vacation ?
If I get new EB2 approval with old EB3 Priority Date then I will resign from employer A
If I will get rejected new EB2 with old Eb 3 Priority Date then I will go back to old employer A that I am back from vacations
Since this is premium service so turn around time is less than 4 weeks. Less than 4 weeks is not that uncommon to go on vacation.
Any comments or risk of this approach
Background-
Working with employer A have approved labor and I-140 EB3 and have a copy of all documents. Also have an approved EB2 PERM with employer B.
My questions are �
1) Can I transfer my H-1B to employer B to file new I-140 using EB3 Priority Date using recently announced premium service and I will tell employer A that I am on vacation ?
If I get new EB2 approval with old EB3 Priority Date then I will resign from employer A
If I will get rejected new EB2 with old Eb 3 Priority Date then I will go back to old employer A that I am back from vacations
Since this is premium service so turn around time is less than 4 weeks. Less than 4 weeks is not that uncommon to go on vacation.
Any comments or risk of this approach
more...
thesparky007
04-16 11:36 AM
here is a new one
newtoh1
04-07 03:31 PM
Hi,
My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
I have new H1 extension for 3 years.
--If I go for visa stamping will it be a problem as I am workig for TARP received bank.
--If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.
My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
I have new H1 extension for 3 years.
--If I go for visa stamping will it be a problem as I am workig for TARP received bank.
--If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.
more...
catchagarwal
05-04 05:30 PM
There was no agreement signed. It was just agreed on an email. Am i still bound with the emplyment laws. Just want to understand before taking any steps. Also the project has ended after 4 month but i don't have any document. Also company B can't reveal any internal documents.
abingc
08-16 03:22 PM
Hi,
My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?
By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.
Please throw some light on my case...
Thank you very much.
I also want to know if it is ok to join the new employer after the H1b transfer request has been fedexed? or should i wait for the Receipt?
My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?
By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.
Please throw some light on my case...
Thank you very much.
I also want to know if it is ok to join the new employer after the H1b transfer request has been fedexed? or should i wait for the Receipt?
summitpointe
04-09 12:07 PM
Planning to use AC21 Portability and work on EAD.
If the EAD reneval is applied and If it gets expired before we get the new EAD, can I work by having the EAD reneval receipt notice with out affecting the employment.
Thanks in advance for your reply.
If the EAD reneval is applied and If it gets expired before we get the new EAD, can I work by having the EAD reneval receipt notice with out affecting the employment.
Thanks in advance for your reply.
anilsal
08-26 02:40 PM
I-140 Premium and I-1485 filed concurrently at NSC on June 29th. Received July 2nd. No clue if checks are encashed.
PD: Nov 2002.
H1-B 7th year expiring Dec'07;
8th year extension filed.
Any one in the same boat?
Many of the July 17/18th filers at NSC have got their checks cashed. Maybe yours got transferred to a different center.
Please contribute to IV in either time or money or BOTH.
PD: Nov 2002.
H1-B 7th year expiring Dec'07;
8th year extension filed.
Any one in the same boat?
Many of the July 17/18th filers at NSC have got their checks cashed. Maybe yours got transferred to a different center.
Please contribute to IV in either time or money or BOTH.
lazycis
09-23 08:51 AM
"Yes" to both questions.
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