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  • GCFrenzy
    05-19 12:42 PM
    Get a letter from your USA office on their letter head that you will be in USA to do just business discussion, and stay will be very short.

    Show them that you have strong tie-up's back in India (family/house/properties/relatives etc).

    Tell them you have to continue your job in India after the business discussions in USA.

    Also show visa officer that you will not get paid in USA (no pay roll); business expenses are covered by company.

    just one cent info....




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  • kminkeller
    03-09 04:17 PM
    Thanks guys. Thanks a lot for all these information.

    So for Consular processing I need to go back to my country and get it done through the Embassy right? What are the chances of getting denied? Also, what are the chances of getting your labor and I140 denied? If GOD forbid, it got denied, will my EAD still be valid and my EB3 application still be in the place? will it jeopardize my EB3 application?

    Thanks.




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  • Dhundhun
    10-13 04:16 PM
    Visited several countries.

    Whenever, visa interview was for Technical Presentations, Business Meeting and Business Development, I used purely formal dress (Black polished shoes, black/dark grey trousers, white/light blue, a good tie, appropriate hair style).

    For engineering roles, business casual, casual shoes, black/grey/brown trouser (I never used jeans), shirt with light stripe/check.

    For H-1B, it has been business casual as role was engineering.

    I got every time visa - virtually no questions asked - almost within minutes. I faced questions like: Out of 14-15 stamiping these are only few questions asked

    In US consulate Ottawa: Business Casual
    Q: Why you want to go to US?
    A: Some of my friends driving to NY, I want to join them for shopping

    In US consulate Delhi: Business Casual
    Q: Last time we gave you Visa and you did not go, why?
    A: I did enough shopping before friends went to NY and so dropped the idea of going.

    In US consulate Mexico: Formal
    Q: Why do you need Visa Revalidation, you could have continued to work without it.
    A: Company have plans to send me for business meeting in other countries.

    My input and thinking is that appropriate dress helps - and in this context, I mentioned understanding of appropriate as above.

    Good Luck




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  • pd_recapturing
    07-09 10:03 PM
    Applied PP on 29th, got RFE on 6th. They asked about 2006 W2. Sent the response and now waiting for approval.



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  • BeCoolGuy
    04-13 08:02 AM
    Always speak the truth..!!!

    Remember, DOL is not depending only on you to find out the truth. The way it works is, if your employer comes under investigation, they'll first try to establish the facts, from DOL LCAs (all for H1Bs, and report fraud to USCIS if necessary). Most likely your name/details came up from LCAs, which are public information. When they ask you, they are trying to find out, the exact degree of exploitation (if any) and whether you willfully participated in it (fraud or exploitation) or not. DOL after all its investigation, establishes, what they callas 'cause of termination' which will allow you as a H1B employee to move out without any issues of that employer.. In addition to H1b individuals, they may also ask Employer for his tax records, payroll info and bank statements, which will establish the truth.

    Two, even if you support your employer (for whatever reasons, including fear or immigration), not everybody will, which in turn will anyways trigger proper investigation and the exposure of truth. So why not to convey the fact which will show up anyways.

    Three, At your heart you always know, what the truth is. Go with it. Write minimum on paper, if you are not comfortable writing it all. But definately make it a point to write the truth.

    Fourth - If DOL is asking you to verify something, fill in WH4 form and submit to them. This will establish you as one of people who blew the whistle. Law protects (even for immigrants) in this case, and your H1b will be intact. THIS WILL SAVE YOUR IMMIGRATION STATUS LIKE NOTHING ELSE CAN...

    AND OFCOURSE, START SEARCHING FOR ANOTHER JOB.

    Goodluck




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  • sobers
    05-31 03:46 PM
    Clearly IV-QGA has a long ways to go before it an be featured in the 'big league'. Despite its short existence, its commendable what IV-QGA has been able to accomplish.


    =========
    National Immigration Forum: Angela Kelley, Christina DeConcini, Lynn Tramonte
    The Forum, the leading pro-immigrant advocacy group, has just expanded its lobbying arm by adding DeConcini, who was formerly with the Catholic Legal Immigration Network. The Forum “brings together strange bedfellows,” Kelley, its deputy director, said. She said groups that normally have little in common, such as the Chamber of Commerce, organized labor and the U.S. Conference of Catholic Bishops, join to work toward a “rational, constructive immigration policy.” Tramonte is the Forum’s senior policy communications associate.

    Federation of American Immigration Reform (FAIR): Paul Egan, Brian Bilbray
    Egan is the group’s director for government relations. FAIR is seeking a moratorium on most immigration to give the country time to develop a comprehensive reform strategy. Former Rep. Bilbray (R-Calif.) is on FAIR’s board of advisers and runs the group’s congressional task force. One lobbyist said Bilbray’s “incredible access” to the House of Representatives has helped FAIR in its work on immigration reform.
    * Bilbray is competing in a special election on June 6 to replace Duke Cunningham. If this guys wins, it will surely galvanize the Anti-Immigration forces in Congress and on the Hill.
    http://www.signonsandiego.com/news/politics/50thdistrict/20060327-9999-1n6bilbray.html
    McCains cancels appearance at fundraiser:
    http://www.foxnews.com/printer_friendly_story/0,3566,197579,00.html


    NumbersUSA.com: Rosemary Jenks, James Edwards
    Jenks is the in-house lobbyist for the group. She said that while NumbersUSA originally was involved in the impact of immigration on the labor market, the terrorist attacks of Sept. 11, 2001, “made it clear we also need to look at security.” Edwards, who is with Olive, Edwards & Brinkman, also said that immigration is currently seen “through the lens of security.” A legislative director for former Rep. Ed Bryant (R-Tenn.), Edwards worked on immigration issues when lawmakers passed immigration reform in the 104th Congress. At the time, Bryant was a member of the House Judiciary Committee’s Immigration, Border Security and Claims Subcommittee. Edwards also co-wrote The Congressional Politics of Immigration Reform, published in 1998.

    Agricultural Coalition for Immigration Reform (ACIR): Monte Lake, Craig Regelbrugge, Sharon Hughes
    This ad hoc coalition includes more than 100 organizations with a “substantial labor need,” said co-chairman Regelbrugge, who is also the senior director of government relations for the American Nursery & Landscape Association. The group wants to ensure that agriculture employers have access to a seasonal work force to make certain the country has a “safe and secure food supply.” While individual members of the coalition pitch in, ACIR is also relying on some outside help. Lake is a partner with McGuiness Norris & Williams. The former deputy attorney general of California said that before the 2001 terrorist attacks, the group was close to achieving its goal of helping to reform immigration in a way that allowed access to seasonal workers while instituting a system of “earned immigration.” Hughes is the executive vice president of the National Council of Agricultural Employers and a key component in coordinating ACIR’s grassroots campaign.

    United to Secure America: William Crosby, Wright Andrews
    In the first half of this year, the group spent more than $600,000 in lobbying fees, including $180,000 each to Butera & Andrews, Podesta Mattoon and Timothy R Rupli & Associates. The group advocates boosting national security through allowing what it calls a “manageable number” of immigrants and non-immigrant visitors. One source praised the access of Crosby, a former GOP chief counsel on the House Rules Committee and 27-year Hill veteran who now works for the Livingston Group, as especially valuable.

    American Immigration Lawyers Association (AILA): Judith Golub, Marshall Fitz
    Golub is the senior director of advocacy and public affairs for the 9,000-member group and Fitz is the associate director. AILA aims to educate Congress and the public about the benefits of an immigration policy that allows refugees and workers to enter the country.



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  • admin
    04-12 04:43 PM
    To Submit Comments on the Regulation

    The DOL allows people to submit comments, identified by Regulatory Information Number (RIN) 1205-AB42, by any of the following methods:

    * Federal eRulemaking Portal : Follow the WebSite instructions for submitting comments.

    eMail : Comments may be submitted by eMail to (fraud.comments@dol.gov). Include "RIN 1205-AB42" in the subject line of the message.

    Mail : Submit written comments to:
    Assistant Secretary, Employment and Training Administration
    U.S. Department of Labor
    200 Constitution Avenue, NW
    Room C-4312
    Washington, DC 20210
    Attention: John R. Beverly, Interim Chief, Division of Foreign Labor Certification

    (Note : Because of security measures, mail directed to Washington, DC is sometimes delayed.)

    The DOL will consider only those comments postmarked by the U.S. Postal Service or with proof of delivery from a service such as UPS or Federal Express on or before the deadline for comments.

    Instructions : All submissions received must include the RIN 1205-AB42 for this rulemaking. Receipt of submissions, whether by U.S. Mail or eMail, will not be acknowledged. Because DOL continues to experience occasional delays in receiving postal mail in the Washington D.C. area, DOL recommends that those wishing to submit their comments do so via eMail.




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  • qwert_47
    09-25 04:34 PM
    I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.

    I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.

    With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.



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  • gee_see
    10-18 10:57 PM
    LC Salary:- $85,000
    LC Location:- New York

    New Job Salary:- $74,000

    New job Title and Job duties are same.

    Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.

    As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.

    I've consulted few immigration laywer and the opinion differs.

    Experts.... Please help




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  • rajsenthil
    09-16 05:21 PM
    Done.

    It's time to tell CNN not to give a platform for racists.

    Drop Dobbs: Halt the Hate (http://www.dropdobbs.com/)

    Please sign the petition
    Take Action (http://www.dropdobbs.com/take-action/)

    "Drop Dobbs": CNN Pressured To Give Up Controversial Host (VIDEO) (http://www.huffingtonpost.com/2009/09/16/drop-dobbs-cnn-pressured_n_288506.html)

    - JK



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  • p1234
    09-26 10:39 AM
    1)Incase my 485 application gets denied, can I start the process again and use the PD of my current application?

    2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.

    3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?

    I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?

    Thanks

    You are inviting trouble when you think of doing something out of the ordinary. I am not sure why people make their cases complicated. This is a very general comment and nothing specific about your case.

    Heard from several friends about multiple labors (one EB2, another EB3), multiple I-140s. They are themselves not sure what is approved and what is pending approval. :). Have a friend who jumped job in May 07 on approved I140 + 3 yrs visa extn, then went back to previous one in July 07 and filed 485. After realizing EB3 is all messed up (thanks to 07/07), jumped to a third employer on AC21 (I think). There is yet another with a similar story.

    We blame USCIS for everything (rightfully so), however we don't realize how much desi consulting firms and employees have exploited the system and added to the processing delays, for easy money.

    Forget PD reuse, people have been jumping jobs left and right on AC21 and getting it denied.
    PD porting is possible but as others have pointed out, it is not exactly a best practice recommendation.




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  • ryan
    02-03 04:09 PM
    That is correct. Mixing and matching with certifications doesn't work. Although I don't know about CPA, if it goes towards professional degree.

    Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.



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  • saurav_4096
    04-12 09:38 AM
    Gurus,
    Please help me guiding in my situation:
    I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.

    I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
    They had sent me a questioner about previous employer about salary being paid etc.

    I am not sure what should I be doing in this situation:

    If I reply with all facts this might effect my pending H1B status for new employer.


    If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.


    Third Option could be that I do not respond at all
    [They had mentioned that I am NOT required to respond.]

    I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.

    Thanks
    Saurav




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  • insbaby
    01-08 05:18 AM
    Thanks Sanjay02.

    Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
    If I use new one(which is valid), isn't it in contra with AOS application?

    Has anyone faced this situation ?

    At the time of filing anything, give what is current.

    USCIS knows this issue and thats the reason, they don't keep passport as a parameter in decision making, except a rule that it should be valid for n months while you file an application.

    Plus, when you get a renewed passport, in the last page, your old passport number and file number are written in the "comments/notes" column to help officers to refer the old links.



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  • go_guy123
    01-07 10:32 PM
    People who have been paying taxes for 6-10+ years and working in the US economy get only 50,000 Green cards a year, while 50,000 complete strangers in a foreign country get Green card in a year because they happen to be lucky and win a lottery !! :confused:

    It doesnt matter who is paying taxes or not. The immigration lobby is all about vote bank
    and non-skilled immigration has the upper hand over skilled ones. The senate is still under democratic party and they will roadblock any immigration bill for skilled unless there is something for the "illegals" (more likely theey will try to attach Dream act)




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  • yawl
    05-11 10:50 AM
    It is just a TOOL to write to senators! No one force you to use their template, and you can and SHOULD write you letter!



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  • lazycis
    09-27 02:26 PM
    Title 8 C.F.R. � 205.1(a) states, in pertinent part, that:

    The approval of a petition or self-petition made under section 204 of the Act and in accordance with part 204 of this chapter is revoked as of the date of approval:

    (3) If any of the following circumstances occur before the beneficiary’s or self-petitioner’s journey to the United States commences … (A) Upon written notice of withdrawal filed by the petitioner or self-petitioner with any officer of the Service who is authorized to grant or deny petitions.

    You cannot port revoked petition, because it does not exist anymore.




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  • roseball
    02-20 04:14 PM
    Thanks for the replies, I appreciate the time.
    When I look back at the timelines, when we applied for the 485s, we thought he was in status but afterwards, we realized he might not have been. Since then, we have renewed the H4 twice, and each time there was an I94 attached and the last one is still valid, so he is in status now.

    My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.

    Thanks for the insight.

    Since you already got H4 extensions with attached I-94s, current status is not an issue. The issue will be with his I-485 application as he was out-of-status when it was applied. You should try and go to the US consulate outside US and get a H4 stamped. In my opinion, getting new VISAs will not be an issue since it was an honest mistake on your part and as soon as you realized it you applied for extensions and you should acknowledge it in your visa application. You have to get this done before USCIS issues an RFE asking for your son's status information. For how long was your son out of status. The duration of invalid status has different implications. In any case, before leaving US, you should take advise from a good attorney. Once your son gets H4 visa stamped and re-enters US on a valid H4 status, his previous out-of-status issue will be void. Please note that re-entering on AP does not void earlier out-of-status.




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  • Raji
    09-16 10:20 PM
    Done!!!




    akhilmahajan
    11-15 08:15 AM
    New England (MA, ME, NH, RI, VT) folks come forward and lets plan out meeting the lawmakers.

    What u say folks? This is the right time to act.

    GO IV GO. TOGETHER WE CAN.




    lskreddy
    04-12 09:51 AM
    Can you not reply anonymously? If you couldn't, if you respond, I don't think they would put your existing application in jeopardy if you respond truthfully. You certainly have a good reason to move and they seem to already know that.

    If you are worried, why don't you wait until your H1's approved and then respond? Its never too late to report these scumbags and you would be doing a service to others who might fall trap.

    If you decide to not report, I totally understand. It is fair to feel queasy with anything related to immigration here.



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