Marphad
01-12 12:21 PM
I concur with you, Marphad.
Its illegal to mail passport cross border.
My bad! You are right.
Its illegal to mail passport cross border.
My bad! You are right.
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bigsky
10-17 06:43 PM
I received a letter from BEC and it says
This Notice of Findings is the Department�s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750�s Parts A and B. your case file contains only one set of original ETA750�s. The other set of 750�s in the case file are photocopies. ETA 750�s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750�s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer�s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
This Notice of Findings is the Department�s statement of its intent to deny the application.
The following reasons were attached in the document:
1. - The job opportunity has been and is clearly open to any qualified U.S worker.
The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)
Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.
The employer may rebut this finding by:
Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.
2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750�s Parts A and B. your case file contains only one set of original ETA750�s. The other set of 750�s in the case file are photocopies. ETA 750�s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750�s.
A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.
It is the employer�s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.
I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.
Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?
unaikax
01-04 07:15 PM
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?
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GC_1000Watt
12-04 06:12 PM
1> just carried the usual documents required, job letter, tax returns, I-129, LCA, Paystubs etc. I also carried whatever documentation I could find for my previous employers like experience letter, last few paystubs etc. Also original of degrees/transcripts.
2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)
3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.
4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.
5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.
It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.
Thanks for sharing your experience. I will get back to you if I will have any further questions.
2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)
3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.
4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.
5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.
It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.
Thanks for sharing your experience. I will get back to you if I will have any further questions.
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sunny26
02-23 11:31 AM
I already finished 14month 8days and still pending in NSC
2 friggin days... man they got to be kidding... :eek::eek::eek: at this rate it will take me 15 months to get my 140 approved... mine was filed on july 27th.....
2 friggin days... man they got to be kidding... :eek::eek::eek: at this rate it will take me 15 months to get my 140 approved... mine was filed on july 27th.....
Siddhartht
07-26 03:14 AM
remit2India.com is the best among all . the feature guarantee fixed is the best feature they offer .
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pcs
11-15 12:28 PM
You should try for emergency appointment & should be able to get it based on approved 797.
By the way, my Canadian PR is maturing & I am asked to pay landing fee & do the medical by 1st Jan 2007. Can I pay the landing fee in time but delay the medical without compromising Canadian PR ? I want postpone my landing. Can you please share your advise ??
Thanks
By the way, my Canadian PR is maturing & I am asked to pay landing fee & do the medical by 1st Jan 2007. Can I pay the landing fee in time but delay the medical without compromising Canadian PR ? I want postpone my landing. Can you please share your advise ??
Thanks
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dealsnet
06-14 03:53 PM
Living in outside India, we need to learn much caution.
This is a true incident happened in NY.
A boy from south India came to NY by family immigration sponsored by his uncle. He came after his 10th grade exam. Living in uncle's house. After few days in US, he played ball with some kids in the street. Ball strayed into somebody's garden. He went to pick the ball, and then he thought about taking permission from the house owner. He didn't ring the bell, just went inside the house, where he find a girl sitting in a sofa. She is a teenager alone in her home at that time. As soon as she saw this dark colored boy, she screamed and ran outside the house. He saw she is screaming, he also ran outside. All these sound make the neighbors attention and some one call 911 and police arrested this boy for attempted rape. He served 6 months in prison. Rape charge is rejected with a plea bargain for trespassing, all because he is minor 15 years old.
So need to change the behavior with socializing in this country.
Well just to get away a bit from the complications of immigration!
Either the victim (who lost jwelery) has some animosity to you/family/your sister or your sister by her actions has given him/her reason to suspect her for the lost jwelery. Maybe your sister might have been a frequent visitor to that house? Or the jwelery was lost immediately after your sisters visit? First identify what prompted this accusation and then tackle it. Ofcourse consult a good attorney.
Even if the person acuses your sister, she is inocent until proven guilty and unless there is sufficient evidence there is no way your sister will be convicted by any judge/jury.
Lesson to learn; Don't get tooooooooo close to anybody. Helping is good but even with your relatives you have keep a certain distance and respect their privacy and territory. Indians tend to overlook this and often asume that they can enter into other people's lives, think for them and act for them. Its ok in India but once you are here things change quite a bit.......:o:o
This is a true incident happened in NY.
A boy from south India came to NY by family immigration sponsored by his uncle. He came after his 10th grade exam. Living in uncle's house. After few days in US, he played ball with some kids in the street. Ball strayed into somebody's garden. He went to pick the ball, and then he thought about taking permission from the house owner. He didn't ring the bell, just went inside the house, where he find a girl sitting in a sofa. She is a teenager alone in her home at that time. As soon as she saw this dark colored boy, she screamed and ran outside the house. He saw she is screaming, he also ran outside. All these sound make the neighbors attention and some one call 911 and police arrested this boy for attempted rape. He served 6 months in prison. Rape charge is rejected with a plea bargain for trespassing, all because he is minor 15 years old.
So need to change the behavior with socializing in this country.
Well just to get away a bit from the complications of immigration!
Either the victim (who lost jwelery) has some animosity to you/family/your sister or your sister by her actions has given him/her reason to suspect her for the lost jwelery. Maybe your sister might have been a frequent visitor to that house? Or the jwelery was lost immediately after your sisters visit? First identify what prompted this accusation and then tackle it. Ofcourse consult a good attorney.
Even if the person acuses your sister, she is inocent until proven guilty and unless there is sufficient evidence there is no way your sister will be convicted by any judge/jury.
Lesson to learn; Don't get tooooooooo close to anybody. Helping is good but even with your relatives you have keep a certain distance and respect their privacy and territory. Indians tend to overlook this and often asume that they can enter into other people's lives, think for them and act for them. Its ok in India but once you are here things change quite a bit.......:o:o
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logiclife
08-03 05:25 PM
I worked for a firm for last couple of years and then moved to another firm. Now I want to apply for a Perm process and need the Experience letter. My previous employer has issued me the experience letter without my roles and responsibility:
It was an unprotected word file, so I changed it and incorporated the roles and responsibilty and my self submitted it to my employer; Now i am afraid if they are going to verify it.
1. What is the INS verification process?
2. Do employer can verifty it by Fax?
3. What can happen if INS came to know that everything was fine except the roles and responsibilities was included afterwards?
What you did was creative (in a bad way). Sorta illegal. And sorta forgerish and borderline fraudulent. I am not judging you, I am just telling you how it sounds.
Now, how did you add material to the word document that was already signed? And therin lies the bad part.
Anyways, correspondence between USCIS and employer/lawyer/employee is always thru mail. I dont think they communicate thru faxes.
Now, if for some reason INS (and by the way, its USCIS now) came to know afterwards, then you are in a deep hole because it sounds like fraud. Fraud is grounds of denial of immigration benefits (any benefit, like H1, or GC or citizenship). Besides, roles and responsibilities are not really needed if the letter says that all conditions in labor cert and 140 are still valid and employment is still offered as per labor cert. Then you dont need detailed description of what you are doing. And even if you felt the urge to add that part in your letter, why didnt you just ask them that?
It was an unprotected word file, so I changed it and incorporated the roles and responsibilty and my self submitted it to my employer; Now i am afraid if they are going to verify it.
1. What is the INS verification process?
2. Do employer can verifty it by Fax?
3. What can happen if INS came to know that everything was fine except the roles and responsibilities was included afterwards?
What you did was creative (in a bad way). Sorta illegal. And sorta forgerish and borderline fraudulent. I am not judging you, I am just telling you how it sounds.
Now, how did you add material to the word document that was already signed? And therin lies the bad part.
Anyways, correspondence between USCIS and employer/lawyer/employee is always thru mail. I dont think they communicate thru faxes.
Now, if for some reason INS (and by the way, its USCIS now) came to know afterwards, then you are in a deep hole because it sounds like fraud. Fraud is grounds of denial of immigration benefits (any benefit, like H1, or GC or citizenship). Besides, roles and responsibilities are not really needed if the letter says that all conditions in labor cert and 140 are still valid and employment is still offered as per labor cert. Then you dont need detailed description of what you are doing. And even if you felt the urge to add that part in your letter, why didnt you just ask them that?
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sanjay02
11-21 12:55 PM
I saw the following status on I-131
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On November 21, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Does it mean that I-131 is approved?
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On November 21, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Does it mean that I-131 is approved?
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ski_dude12
08-12 03:30 PM
The response I received from my congresswoman was that my case has been requested for review and to get back in 30-60 days. Also, that my name check/fingerprints were complete.
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hebron
08-16 02:50 PM
Hi Hebron,
I will get my money if i complain to DOL. But, do i have to stop working at the same client now. Will there be any problem if i continue working with the same client.
Thanks,
Srikanth
You have a valid H1 with the new employer (client), so there should be nothing wrong working with the client.
Have you or your client signed a contract with the parent company? If you have not signed a contract, there is nothing to worry. I would assume your client may have signed a contract with your parent company(old employer). If that's the case the issue is between you current employer (client) and you parent company (old employer).
You may also want to check with your attorney.
I will get my money if i complain to DOL. But, do i have to stop working at the same client now. Will there be any problem if i continue working with the same client.
Thanks,
Srikanth
You have a valid H1 with the new employer (client), so there should be nothing wrong working with the client.
Have you or your client signed a contract with the parent company? If you have not signed a contract, there is nothing to worry. I would assume your client may have signed a contract with your parent company(old employer). If that's the case the issue is between you current employer (client) and you parent company (old employer).
You may also want to check with your attorney.
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hebbar77
09-20 10:03 PM
Atleast we see the green card at a distant horizon. People who want to start with PERM now are told by a lawyer that it might take a year for PERM alone, and upto 8 years before they see the CARRRRRD.
I just got my EAD. I will assume its my GC.
I just got my EAD. I will assume its my GC.
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waitnwatch
06-01 04:54 PM
Just a thought. If wishes were horses......
While the poll can only show what we would want if we had our way, I would request our members to step back give it a thought and be a bit realistic. Did we not have only legal immigration issues in the bill last December. Why do you then hope that the house would suddenly change their mind and provide us a superfast ride to a green card.
A poll like this one would show the similar lopsided numbers like say what Lou Dobbs gets on his polls. Reason is - mostly people who want a more reasonable wait time for permanent residence subscribe to this forum.
I myself would vote to have a bill separately for us. But does that do us any good. Think about this. The current bill has good provisions for legal immigrants. Which of the two options would you choose.
(a) Would you want to oppose and kill this legislation because it provides undocumented workers with an opportunity to become legal and thereby cut your nose to spite your face.
(b) Would you first see the current bill to the end and then consider other options only if it dies.
While the poll can only show what we would want if we had our way, I would request our members to step back give it a thought and be a bit realistic. Did we not have only legal immigration issues in the bill last December. Why do you then hope that the house would suddenly change their mind and provide us a superfast ride to a green card.
A poll like this one would show the similar lopsided numbers like say what Lou Dobbs gets on his polls. Reason is - mostly people who want a more reasonable wait time for permanent residence subscribe to this forum.
I myself would vote to have a bill separately for us. But does that do us any good. Think about this. The current bill has good provisions for legal immigrants. Which of the two options would you choose.
(a) Would you want to oppose and kill this legislation because it provides undocumented workers with an opportunity to become legal and thereby cut your nose to spite your face.
(b) Would you first see the current bill to the end and then consider other options only if it dies.
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GCAmigo
01-02 03:20 PM
>>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.
I got stamped in July-06 while my existing stamp was valid up to 12/31/06..
I got stamped in July-06 while my existing stamp was valid up to 12/31/06..
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mhtanim
10-08 06:13 PM
Interesting question! Logically, as soon as a H4 holder starts using EAD the H4 becomes invalid. As long as the primary is in valid H1B status, the dependent should be able get back to H4 status even if the 485 is denied.
However, I am not sure how someone can changes status from AOS (due to using EAD) to H4. May be getting out of the U.S. and come back as H4 again? Anybody has any idea?
However, I am not sure how someone can changes status from AOS (due to using EAD) to H4. May be getting out of the U.S. and come back as H4 again? Anybody has any idea?
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permfiling
12-10 01:03 AM
My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
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black_logs
04-12 04:09 PM
Labor substitution is bad for those who can't find one and good for those who found one. I didn't find one so it's bad for me. But 1 thing the DOL came up with the substitution rule is that 45 days labor expiry rule. Just can't believe the administration can harrass people to that level. When labor substitution is in place what's the point of this 45 days rule ???
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ps57002
07-18 12:06 PM
There's no need for you to be negative.
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
gesfox
03-27 01:06 AM
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GoneSouth
09-07 12:45 PM
But how did you manage to justify that you have enough knowledge/experience for that job. Did you use any particular course material or project work or anything of that kind against some one who applied for your ad ?
In my particular case, I used equivalent education + experience (i.e., BS +5) and had the necessary skills from prior work experience. If you are truly MS+0, presumably you'd have to show coursework or similar. If you absolutely have to use your work experience to support your labor certification (e.g., because your course work isn't distinct enough), then you'll have to switch employers and have the new employer submit the LC.
you can mention in your employment letter that you've been working since 2 years and could attach an experience letter from them to highlight the fact.. This is definitely doable and lawyer should have correct format to do this... No, you can't do that. Experience gained while working at an employer cannot be used to support the labor certification for that same employer.
In my particular case, I used equivalent education + experience (i.e., BS +5) and had the necessary skills from prior work experience. If you are truly MS+0, presumably you'd have to show coursework or similar. If you absolutely have to use your work experience to support your labor certification (e.g., because your course work isn't distinct enough), then you'll have to switch employers and have the new employer submit the LC.
you can mention in your employment letter that you've been working since 2 years and could attach an experience letter from them to highlight the fact.. This is definitely doable and lawyer should have correct format to do this... No, you can't do that. Experience gained while working at an employer cannot be used to support the labor certification for that same employer.
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