rk07
09-27 02:16 PM
Hi All,
Quick question...we applied for NSC on aug 2nd..did not hear anything yet. Just wondering did all of u , whose cases got transfered to other centers get Transfer notices or directly receipt notices.
I am gettign tensed as the days are passing by.
venkat
How much tense I should feel!!! Applied on July 23rd at NSC and no news so far.
Anyone in the same boat?
Thanks,
-rk.
Quick question...we applied for NSC on aug 2nd..did not hear anything yet. Just wondering did all of u , whose cases got transfered to other centers get Transfer notices or directly receipt notices.
I am gettign tensed as the days are passing by.
venkat
How much tense I should feel!!! Applied on July 23rd at NSC and no news so far.
Anyone in the same boat?
Thanks,
-rk.
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HumHongeKamiyab
12-13 03:03 PM
Do we have anyone here who opened a SR for FP and has received FP notice ? Does it really help if you open SR for FP?
Thanks
Thanks
gc28262
06-28 10:48 AM
desi,
I am not trying to make an argument here. I am saying what I am seeing in law.
Security Clearance.
I didn't say GC holder can get security clearance. I was listing one scenario where employer is exempt from the requirement as per law.
<quote>
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
</quote>
On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
I am not trying to make an argument here. I am saying what I am seeing in law.
Security Clearance.
I didn't say GC holder can get security clearance. I was listing one scenario where employer is exempt from the requirement as per law.
<quote>
Now, if you think, even after reading these documents that employer can be forced to file for H-1B at the time of hiring, I can suggest put your question in lawyers forum.
</quote>
On a practical note, if the company has sponsored H1Bs in the past, what justification can the company give for not filing another H1B ?
Practically there are many ways a company can avoid hiring an H1B or GC if they want to. But the point is, as per law that is illegal.
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diptam
06-26 01:57 PM
I have dealt all options with my employer ...
They will give me "Employer Letter" ASAP but i have to sign a letter that i'll work with them for 1 year after getting 485 approval.
What does it mean - Indirectly i have to work with them till 485 approval ( which could be 3 yrs easily) plus another 1 year ??
They will give me "Employer Letter" ASAP but i have to sign a letter that i'll work with them for 1 year after getting 485 approval.
What does it mean - Indirectly i have to work with them till 485 approval ( which could be 3 yrs easily) plus another 1 year ??
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akashya
07-06 03:51 PM
I won't be amazed if I see Gandhigiri on Comedy Central Tuesday night.These two shows have huge fan following among youth.
PS: DO NOT start a rumor that daily show or colbert are covering this event.
PS: DO NOT start a rumor that daily show or colbert are covering this event.
stucklabor
06-26 10:25 AM
All,
Let us focus on CIR and its aftermath. I understand everyone is frustrated because of the standstill on legal high skilled immigration reform. However, that does not excuse speculation on America's demographics 10 years from now, and gross pejorative generalizations about ethnic groups and nationalities. As Mpkmaster pointed out, no culture is free from deficiencies. I have never been to Mexico but I am sure corruption there can't be worse than corruption in India.
Mpkmaster, there is a specific method to report offensive posts. Please follow it the next time round, as there is no guarantee that grossly offensive posts will be read by the moderators. Thanks for speaking up.
And in response to Jaime, please do not let a few bad posts detract from the rest of the forums. There is a reason that people are frustrated. There is no progress on CIR and our cause is really a political football. We are not powerful enough or large enough in numbers yet for politicians to sit up and take notice of us.
Let us focus on CIR and its aftermath. I understand everyone is frustrated because of the standstill on legal high skilled immigration reform. However, that does not excuse speculation on America's demographics 10 years from now, and gross pejorative generalizations about ethnic groups and nationalities. As Mpkmaster pointed out, no culture is free from deficiencies. I have never been to Mexico but I am sure corruption there can't be worse than corruption in India.
Mpkmaster, there is a specific method to report offensive posts. Please follow it the next time round, as there is no guarantee that grossly offensive posts will be read by the moderators. Thanks for speaking up.
And in response to Jaime, please do not let a few bad posts detract from the rest of the forums. There is a reason that people are frustrated. There is no progress on CIR and our cause is really a political football. We are not powerful enough or large enough in numbers yet for politicians to sit up and take notice of us.
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sk2006
09-03 01:58 PM
I got the welcome notice in mail.
I got the cards in the mail.
I did not get the 'approval notice' yet(mailed on aug 22).
Does it matter?
I got the cards in the mail.
I did not get the 'approval notice' yet(mailed on aug 22).
Does it matter?
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fittan
07-09 02:40 PM
Yes, that is understood.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.
IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.
Fittan
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
I have not heard of any rejection. But, the fact that you're receving 1099-MISC means that you're not full time. In fact, you're not even an employee for the company. If you receive an RFE, I assume you'll need to produce paystubs (which the OP don't have). In addition, you won't even get 1099-MISC until the year end. In short, no proof to overturn RFE.
IF the company can produce such a letter, technically it is a fraud since the OP is NOT a full-time employee. Replying to RFE with no proof and fraud intend won't fly.
Fittan
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jsb
09-11 03:23 PM
Since now as per USCIS notice of receipt status as of Sep 7, TSC is also finished with July 2 filings. All filings of July 2, no matter where you filed, should have been receipted. Allowing a few days for mail, all July 2 filers should have their receipts in their hands. NSC is way ahead of course.
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h1techSlave
03-28 11:16 AM
You have predicted that EB3-India cut of date would become June 2003. But your PD is July 2003. Usually people do not predict that way. They predict their own PD would become current pretty soon.:D
At one end it is bad that USCIS moved back Nebraska Processing date to June 08 2007 (More than one month backword) but it looks like USCIS is preparing itself to kick EB3-India ahead... It is too early to say this confidently.. But my feeling is that USCIS will keep processing dates tied to June 2007 and will kick EB3-India ahead. I am keeping my fingers crossed. Though as per murthy's web site in May bulletin EB3-India dates will remain same, I am feeling that if my guess is correct then at least from June bulletin we will see 2 patterns 1) Nebraka processing date would not move ahead for some months or will
move ahead very slowly from June 08 2007
2) Eb3-India PD dates will move ahead speedily. To me it looks like USCIS is now prepared to kick EB3-I (Till June 2003 PD) lot out.
At one end it is bad that USCIS moved back Nebraska Processing date to June 08 2007 (More than one month backword) but it looks like USCIS is preparing itself to kick EB3-India ahead... It is too early to say this confidently.. But my feeling is that USCIS will keep processing dates tied to June 2007 and will kick EB3-India ahead. I am keeping my fingers crossed. Though as per murthy's web site in May bulletin EB3-India dates will remain same, I am feeling that if my guess is correct then at least from June bulletin we will see 2 patterns 1) Nebraka processing date would not move ahead for some months or will
move ahead very slowly from June 08 2007
2) Eb3-India PD dates will move ahead speedily. To me it looks like USCIS is now prepared to kick EB3-I (Till June 2003 PD) lot out.
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qplearn
12-10 09:43 AM
What we need is a interim EB bill.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those..
To summarize a discussion with Tito, Rajeev, and go_gc_way on another thread: we should ask for 3 non-controversial things first. We can, if we need to, ask for more things in Step 2.
1. Ability to file for I-485 without current PD.
2. A renewable EAD of 5 yrs.
3. Recapture of unused visas from previous yrs (only if this is not controversial).
Guys and gals, a silver medal is better than a gold medal. The SKIL bill is a gold medal, but the bottomline is we did not win any medal on Friday. Also, I support nycgal's opinion on re-evaluation of our lobbying partner.
The first stpes may be to indentify all non-contraversial issues and then come to a common understanding on those..
To summarize a discussion with Tito, Rajeev, and go_gc_way on another thread: we should ask for 3 non-controversial things first. We can, if we need to, ask for more things in Step 2.
1. Ability to file for I-485 without current PD.
2. A renewable EAD of 5 yrs.
3. Recapture of unused visas from previous yrs (only if this is not controversial).
Guys and gals, a silver medal is better than a gold medal. The SKIL bill is a gold medal, but the bottomline is we did not win any medal on Friday. Also, I support nycgal's opinion on re-evaluation of our lobbying partner.
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prakgc
12-18 03:03 PM
Dingundi,
I am in same situation who has sept 10th ND from TSC , no FP for me or my wife. I did open a SR and i got a response letter saying that either your FP has expired or clearance has not been received.. will send one by mail soon.
It has already been 45 days since the letter was dated. NO FP nothing.
Has going to IO helped anybody is getting a FP notice? That seems my last resort.
No update from my side. I had called last week and week before that. Apparently I got the same IO the last two times and first time she told me no FP scheduled , security check cleared. Second time she said no FP scheduled and I asked about security check and she said its still pending. Imagine same IO giving inconsistent information regarding my security check. I am not even sure to believe anything they say anymore. I am not even sure if they really look it up or not.
I am in same situation who has sept 10th ND from TSC , no FP for me or my wife. I did open a SR and i got a response letter saying that either your FP has expired or clearance has not been received.. will send one by mail soon.
It has already been 45 days since the letter was dated. NO FP nothing.
Has going to IO helped anybody is getting a FP notice? That seems my last resort.
No update from my side. I had called last week and week before that. Apparently I got the same IO the last two times and first time she told me no FP scheduled , security check cleared. Second time she said no FP scheduled and I asked about security check and she said its still pending. Imagine same IO giving inconsistent information regarding my security check. I am not even sure to believe anything they say anymore. I am not even sure if they really look it up or not.
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house Valentine#39;s Day Ideas 3
simple1
05-01 03:27 PM
I repeat to avoid misunderstanding.
This thread tries to findout the correct interpretation of current law.
I am not proposing any change or correction of law. No lobbies or congress involved.
I also strongly believe families should be together and they will be ( as no one will be affected ).
It is a good point that some people have brought up and I am sure IV core will evaluate it to see if it will help more people or less.
However.........
I strongly believe that family should be together. Whatever GC and other immigration issues we have, one should strive for keeping the family together at all times. Missing out on even a few years of togetherness with your spouse and kids is not worth it.
Even in the current system where dependents come under EB quota, I have known people where one spouse got the GC and the other one had to wait for many years because of a name check or something. But the current laws (EAD/AP etc) made sure that atleast the family was not broken up.
If we are looking for a change or correction of law, we need to make sure that the new law has NO kinks that hinder family staying together. If primary applicant gets a GC and the spouse is still waiting for 5 more years (it is possible), then the primary applicant can get citizenship and apply for a new GC for the secondary. Like I said - This situation is possible even in the current system.
As long as kinks are discussed with the lawyers and smoothened out to preserve family togetherness, it should be fine.
This thread tries to findout the correct interpretation of current law.
I am not proposing any change or correction of law. No lobbies or congress involved.
I also strongly believe families should be together and they will be ( as no one will be affected ).
It is a good point that some people have brought up and I am sure IV core will evaluate it to see if it will help more people or less.
However.........
I strongly believe that family should be together. Whatever GC and other immigration issues we have, one should strive for keeping the family together at all times. Missing out on even a few years of togetherness with your spouse and kids is not worth it.
Even in the current system where dependents come under EB quota, I have known people where one spouse got the GC and the other one had to wait for many years because of a name check or something. But the current laws (EAD/AP etc) made sure that atleast the family was not broken up.
If we are looking for a change or correction of law, we need to make sure that the new law has NO kinks that hinder family staying together. If primary applicant gets a GC and the spouse is still waiting for 5 more years (it is possible), then the primary applicant can get citizenship and apply for a new GC for the secondary. Like I said - This situation is possible even in the current system.
As long as kinks are discussed with the lawyers and smoothened out to preserve family togetherness, it should be fine.
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desi3933
02-12 02:31 PM
Don't mean to hijack this thread, but interesting issues raised by desi3933 and would like to get his comments on this from him:
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
I am in a similar situation...I have been on H1B since Oct’07 and prior to that I was on a valid F1 status. Not been on a client project since mid-Sep'08, have not been paid from past 5 months.
Why did you wait so long for your unpaid back wages? Benching is considered to be an employer’s failure to pay the nonimmigrant worker in H-1B status his/her full rate of pay based upon the employer’s lack of work, periods between contracts, or after a downturn in business. In all these situations, the USCIS requires the employer to pay the H-1B worker his/her full rate of pay as stated on the H-1B visa petition.
My employer is not helping with either COS to H4 or port H1B to another employer, by not providing REAL paystubs for the past 5 months. I have been actively working with my employer to find new work and I have all evidence of this in emails. I cannot report to work, as the office is too small for more than two people to comfortably work under normal working conditions.
You are entitled for back wages until terminated. Such termination should be well documented and properly served.
When I ask employer for back wages, I get threatened that they will issue a backdated termination letter to Sept 2008 (employee not terminated yet), though I have been actively working with them to find new work? I am also being asked to submit a fake personal leave letter for the past 5 months.
How do I know if my H1B has been revoked? I know there are many issues and questions raised here...
Greatly appreciate your time in responding to this...
I would strongly suggest not to use fake letter for unpaid leave. Please consult your attorney and consider sending them proper letter demanding back wages. Please note that an employer is in violation of the LCA requirement at Sec. 1182(n)(1)(A) for placing an H-1B nonimmigrant in unpaid nonproductive status due to a decision by the employer based upon factors such as lack of work. The prohibition against unpaid nonproductive status does not apply to nonproductive time due to non-work related to factors such as a voluntary request by the nonimmigrant for an absence (e.g., unpaid home leave on holiday), or circumstances rendering the nonimmigrant unable to work (Example - Medical incapacity, caring for sick relative, vacations).
In the event of termination, your employer MUST provide you letter of termination in writing AND should notify USCIS to such termination. Till that time, employer is liable for full wages.
____________________
Not a legal advice.
US Citizen of Indian Origin
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esh06
09-22 04:33 PM
Filed at NSC.
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mike_2000_la
06-08 01:17 PM
yea...you are right...it seems they are not processing anything today..
Also i heard that on June 4 th approx 1100 485 apps was receipted. That makes it approx a total of 1800 for jun 1 and 4.
Also i heard that on June 4 th approx 1100 485 apps was receipted. That makes it approx a total of 1800 for jun 1 and 4.
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makeup Valentine ideas readers
tomytomy111
02-09 01:58 AM
I love my country and want to go back, but it is in the hands of rapists and looters and I suspect it will remain that way...either I become a Gandhi and spend my life liberating it, or live year with my eyes & ears closed...
It is actually funny to watch you guys fight over the US vs India.
Let me ask you this:
-If you didn't choose to study medical or IT and never came to US, would you be thinking the same (problems in India and reasons not to settle in India etc) as you are thinking today?
-If US government didn't have the provision of employment based GC, would you be thinking the same as you are thinking today(problems in India and reasons not to settle in India etc) ?
The answer of the questions above is either YES or NO. I'm sure that many of us will answer these questions as NO.
And if the answer is NO and and you are still counting problems in India and trying to justify your stay in US, then I'm afraid my friends you guys are being opportunistic.
No matter how bad it is, that country made you capable of using this forum. You shouldn't backbite and find problems and issues in that country. You should rather use your energy in solving problems in India. Don't say it is not possible. Nothing is impossible.
You can send emails/letters/flowers to senators and officials here for GC, but I'm sure that there will only be handful of you; who actually tried to send their feedback complaints to Indian government and its officials.
I can go on and on, but I leave this thought with you guys and end my post here, as I know that you got the point.
It is actually funny to watch you guys fight over the US vs India.
Let me ask you this:
-If you didn't choose to study medical or IT and never came to US, would you be thinking the same (problems in India and reasons not to settle in India etc) as you are thinking today?
-If US government didn't have the provision of employment based GC, would you be thinking the same as you are thinking today(problems in India and reasons not to settle in India etc) ?
The answer of the questions above is either YES or NO. I'm sure that many of us will answer these questions as NO.
And if the answer is NO and and you are still counting problems in India and trying to justify your stay in US, then I'm afraid my friends you guys are being opportunistic.
No matter how bad it is, that country made you capable of using this forum. You shouldn't backbite and find problems and issues in that country. You should rather use your energy in solving problems in India. Don't say it is not possible. Nothing is impossible.
You can send emails/letters/flowers to senators and officials here for GC, but I'm sure that there will only be handful of you; who actually tried to send their feedback complaints to Indian government and its officials.
I can go on and on, but I leave this thought with you guys and end my post here, as I know that you got the point.
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ub27
02-17 10:07 AM
Donated $50.
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Lisap
08-28 03:39 PM
I filed late June at NSC trs to Texas and received on July 2nd. Just received my RN yesterday for my 485. On line it says that my ead has been approved and the notice went out on the 25th.
javadeveloper
09-26 01:32 PM
We can change job after 180 days after receipt Date or Notice Date??
PDOCT05
08-28 09:16 AM
I have seen several July 2nd Filers at NSC whose cases Transferred to TSC are getting receipts.That's good sign...,Does any july 3rd filer got receipt?
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