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  • ilikekilo
    03-31 12:07 PM
    Hello frnds,

    Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.

    Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.

    Please let me know if any one was in this situation and got out of it successfully.

    Thanks,
    Hydubadi.:confused:


    as a consumer YOU have to the right ot get taht report and dispute it, meanwhile stay calm and try work with your employer, I guess there is nothing much you could do if they jsut go by the report and they cant be liable for anyhting, your b est bet is get the report or the least the name of the company that did ur background check and go from there...good luck...very unfortunatae situation...





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  • smuggymba
    09-14 02:12 PM
    If you feel IV is our only hope/interpreter, then lets fuel it.
    We all know IV needs funds to operate and to drive our concerns.
    I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
    each ticket may be sold for $10 ,
    $10 x 20,000 tickets = 200k
    100k for IV , 100k can be split to top 10 winners.

    Please take your poll above.

    Experts can add suggestions to help it construct.

    There are less than 1000 replies in the I-485 voting thread and no money is required...how do you plan to sell 20K tickets to only a few "active" members?





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  • meridiani.planum
    10-12 08:37 PM
    Hi Friends/Gurus,

    My attorney received an RFE on H1B extension last week.
    The details of my case are

    2004-Oct-01 -- My H1B started
    2004-Nov-20 -- I entered the country on H1B for the first time
    2008-Dec-25 -- Date till my current work authorization (I-797) is valid
    2010-Sep-30 -- Date I complete 6 years under H1B. Since I entered only on 2004-Nov-20 my attorney said my 6 years is up to 2010 Nov 20th

    2008-August-10th -- My attorney applied for my H1B extension under normal processing. He requested until 2011-Dec-25th (3 years from current I-797) expiration on the petition instead of 2010-Nov-20th
    2008-Oct-8th -- Attorney received the RFE

    When the petition for H1B extension was prepared on 2008 July, I asked the employer why the period of intended employment is put as 2011-Dec-25th instead of 2010 Nov 20th. The employer replied that its a usual practice to request 3 years of H1B extension and USCIS will only give the maximum possible

    What's the RFE
    Now we got the RFE and it says we have requested for an extension beyond 6 years and for getting that we should have a labor certification pending more than 365 days or an approved I-140.
    ------------------------------------------------------------------------
    I have a labor cert with priority date of 2006 August which was approved but the I-140 was denied on EB2 category for not meeting 5 years of progressive experience. Earlier this year in 2008 April we have filed another EB3 I-140 for the same 2006 Aug Labor
    On the H1B extension petition attorney had requested until 2011-Nov 20th instead of 2010 Nov 20th. I saw the H1B extension application and it says Dates of Intended employment as 12/25/2008 till 12/25/2011
    Do you think the attorney should have given the intended period only until 11/20/2010?

    The attorney contacted me and said they are going to send a copy of my I-94 as of Nov 20th 2004 and a copy of my immigration port of entry stamp on my passport stamped on nov 20th 2004 and request to give the extension. The attorney mentioned that the I-94 and port of entry seal will help USCIS to determine the maximum period of H1B that can be granted

    My worry
    My worry is INS rejecting the petition saying these kinds of changes in dates (2010 nov instead of 2011 dec) cannot be done in the midde of the process and this will be rejected and we need to file again a new petition. I know that we can work until 240 days if we file for an extension on time. I want to get this extension obtained before 2008 dec 25th so that I don't have to go through a chance of denial after 2008 dec 25th which can put my status into illegal sometimes. I am thinking of premium processign also if the results of the RFE doesn't come by next month (November).

    My questions

    1) Do you think the attorney should have given the intended period of employment only until 11/20/2010 on the original petition?

    2) Please advice me on how we should resopnd to the RFE and what date we should request for.

    3) Should we ask USCIS to give extension until 2010 sep 30th if they don't agree for 2010 nov 20th? Does this has to be clearly mentioned in the RFE response letter?

    Your help very much appreciated. Please reply to this as my legal stay is based on this.

    based on what you have said you are only eligible for an H1 until 2010 for now (because your current PERM application is not old enough to give you the 7th year). To me it looks like your lawyer appears to have screwed up. Even if you had gotten an extension till 2011, it could potentially have landed you in trouble later if USCIS ever goes over these dates again (485 approval time).

    In the RFE response ask him to explain that the date should actually be 2010, and see if USCIS is willing to accept the petition as-is (the new period is smaller than the old one in your LCA, so I assume it should be ok).
    Ask your lawyer on what basis he expected them to approve it upto 2011? Also, if he accepts it was his fault, ask him if he can make it up to you by making it premium processing and paying the $1k. This is a screwup on his side which is making things needlessly messy for you, thats the least he can do.





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  • rajs
    12-09 06:49 PM
    I GOT MY WELCOME LETTER DATED 12/5/09 AND A EMAIL THAT MY 485 HAS BEEN
    APPROVED & CARD SHOULD BE IN HE MAIL SOON.:p
    MY QUESTION IS
    WHILE MY 485 WAS PENDING I GOT MARRIED AND AS MY PD WAS IN DATE
    WE FILLED MY WIFE'S 485 IN 07 SHE GOT HER FP DONE ETC..
    THERE IS NO CHANGE IN MY WIFE CASE STATUS SO WE CALLED TO FIND OUT BUT THEY HAD NO REPLY FOR US
    HOW LONG DOES IT TAKE FOR MY WIFE'S CASE TO GET APPROVED?
    HAS ANY ONE EXPERIENCE THE SAME?

    THANKING EVER1 FOR THEIR SUPPORT



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  • GC_1000Watt
    05-23 02:25 PM
    AFAIK DS 156 and DS !57 are no longer required. These have been replaced with DS 160.

    My last experience in Mumbai consulate was 2 years back after I changed job and went to India. My experience was very good -- not a single question asked . An Indian lady called me and said your Visa is issued. Collected Passport in evening at VFS Office (BTW, there is a very long queue for passport collection)

    However, I do not work for consulting company, never worked for any Desi Consulting and I already had a couple of H1 and L1 visa stamps in my passport.
    I am travelling again now but avoiding the hassle of stamping. Returning with current stamp whcih will be valid for 10 more days after my return (I already have the extended 797)
    You were right in saying that DS 156 & DS 157 is no longer required. Here is the link
    General Information- Consulate General of the United States Mumbai, India (http://mumbai.usconsulate.gov/general_information.html)

    BTW what is this PIMS thing? Do I have to do anything regarding PIMS before taking the apoointment for VISA interview or before/during the actual interview?





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  • coolpal
    03-27 12:33 PM
    Hi,

    I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:

    I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
    So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.

    In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...

    What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?

    My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
    Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.

    I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,

    Any productive feedback is highly appreciated...

    pal :)



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  • alterego
    02-11 06:07 PM
    A good article supporting a sensible plan.

    One minor correction however.

    "Suppose half of these persons wish to purchase a home. If they were permitted to make a 20 percent down payment on a private home (and the average cost of a home in the U.S. today is approximately $200,000), this would result in a net financial gain of $1.6 billion immediately for American banks, not to mention improving the dismal real estate market in many areas of the country."

    The figure quoted as 1.6 billion actually comes out to 16 Billion dollars if you do the math explained.





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  • kuhelica2000
    10-18 08:58 PM
    Did you have to change your address while you switched jo?. And if you had changed address, did you inform USCIS. I am trying to find out if address chnge is what triggers RFE for job switch. Also were you on H1B or using EAD with previous employer.

    I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.

    Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.

    Good luck.



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  • sam_hoosier
    12-06 03:05 PM
    This guy is from IIT which is at par with MIT, Cornell and other top notch technical schools so this pay package ($ 155k gross) is not surprising.





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  • aadimanav
    11-02 10:22 AM
    I think since in their case there is not Labor Certification process so their PD is the day they file I-140.

    Internet - In either case, it helps EB3 for the next yr as these 61,000 nurses are removed from EB3 quota.

    Also I am wondering whether nurses also have PD or something like that. If most of them have PD > 2006 then they will not be able to use EB3 visas as it is retrogressed and stuck at 2001/2002.



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  • kirupa
    01-13 02:28 PM
    Not sure if i have time to do an entry, but i'll try. One question though. Is external actionscript classes ok, or does it all have to be done on the timeline? Obviously i am referring to external actionscript classes that we wrote ourselves, not libraries/engines or other peoples' work.
    Sure - do whatever you want :)

    To address this, I modified the guidelines to show that tweens are allowed. You can tweeen either on the timeline or via code if you want.





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  • irrational
    04-04 03:59 PM
    Use the key combo above and try calling and verifying your address with the IO.

    They might be able to change it directly on file.

    -----
    How did you know that your FP notices were sent back ?



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  • fromnaija
    07-30 08:36 PM
    Here is my situation:
    My PD is Sept 2006, EB3 ROW and I have submitted I-485 for my son on July 2. Now I am aware that come October, PD will retrogress and mine may not be current for another 3 or 4 years. My son is now 20 and will become 21 in July of 2008.

    My question is this:
    If my PD does not become current until after my son turns 21, will his 485 be approved? Or since his 485 is already submitted before his 21st birthday he will eventually get his GC no matter whenever my PD becomes current?

    I have been trying to find answers to these questions and will appreciate your input. Thank you.





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  • Gravitation
    12-19 12:32 AM
    There's a quite a misconception that if h1 is canceled, it cannot be extended. It's nothing like that. Your friend can file for visa transfer (pay extra for premium processing) and get it in two weeks.

    The only time you have to file a new H1 is when you leave US and remain outside for a year. Otherwise an transfer is all you need. This misconception is very widespread. Rajiv Khanna was at pains to try to exterminate this in one of his tele-conferences.

    Anyhow, at this point, your friend should be talking to an attorney instead of having you make a post at this forum.



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  • Leo07
    05-14 02:53 PM
    Bump^^^^^^^^^^^^^





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  • raj1998
    05-19 10:09 AM
    In the similar boat.. I received sms/email on 13th that 485 has been approved but have not received any welcome/approval letter till date. I am on H1b. It has expired and I don't have Advance Parole also. I need to travel urgently in first week of June 2011. I was thinking of getting my H1b stamped during the trip, but since that's not possible what are my options???
    I called my lawyers office but really didn't get any sound reply... seems like that lost interest once I told them I am not filing EAD/AP and GC is approved



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  • sundar99
    02-12 01:59 AM
    Folks,

    Personalised emails will add lot off value, sending mass faxes would create more business for Fellowes in selling more shredder. I woud request u to think again before you guys spam the offices





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  • joeshmoe
    09-04 07:05 PM
    What was the Approval date on your I140?

    06 Oct 2006





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  • NKR
    05-08 03:20 PM
    My opinion:

    Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.

    Giselle Bundchen is worth half a billion dollars or somewhere in that range.

    Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)

    The words �highly skilled� have been the most misrepresented words. H1s is not only for highly skilled and not all programmers are highly skilled but some are�

    These words have been used by pro and anti-immigrants alike in equal measure. One group wants an increase in H1 saying that US has shortage of skilled labor. The other group ridicules this statement that even kids can do programming.

    �H1 is not only for highly skilled and it is not only for programmers�





    crystal
    03-28 11:02 AM
    I think it is not fully functional yet. When I search on Country it results in nothing. Good start it is.





    new2perm
    05-29 10:03 AM
    Can you share your company lawyer's name before when you are spreading these kind of speculative rumors ....use commonsense before posting

    Can you please read the following statement in my above post?.. 'I dont know how true it is...just sharing what I have heard.'



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