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  • santb1975
    03-31 09:20 PM
    done





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  • thomachan72
    06-22 10:15 AM
    Copsmart/Frostrated/anilkumar0902/Uma001/desitechie/Optimist/Other Guru's,

    Thanks in advance for any suggestions you can provide

    Here is the current status:

    - Consulted my lawyer and went thru all docs they submitted as part of my I140 package. On my last employer experience, found out that I had submitted only one affidavit from a co-worker and that would cover for less than 60 months of experience at my last my place.
    - Came up with a list of some 30+ documents that include paystubs from US/India, W2/Form16's, letters submitted to CIS by previous company for new H1b back in 2003 and then for an extn in 2006, appreciation letters and other material on previous company letterhead. Discussed this with my lawyer
    - Lawyer is of the opinion that we can prove our case of alternate evidence based on documents i am producing.
    - Plan is to submit an affidavit from me that i was unable to get an exp. letter from my previous employer mentioning reasons on why its not possible, submit 2 affidavits from ex co-workers covering span of 63 months.

    Based on your scenario or known people, can one of you respond to how should i approach following issues:
    1) I am going to draft content for experience letter non-availability. I have mail trail from last 1 year following up on asking for details of $12K. Same mail mentions that am asking for experience letter and provident fund amount back from HR. Will it be a good idea to attach deputation letter mentioning 5 lac indian rupee to be paid for breach of terms and a 100 rupee bond paper contents which i signed before US deputation. Will it be Ok to mention that previous employer is asking for $12K settlement amount to provide experience letter and attach copies of bond and deputation note OR only mention that am unable to get experience letter and i have been following up with HR for last 1 year and attach email trail as evidence. Any pros and cons from CIS perspective on which approach to choose.
    2) Any other documentation that needs to be submitted ? Supporting evidence alongwith company lawyer detailed letter, 2 affidavits from co-workers for skills and duration, self affidavit for experience letter not available will be -
    > Paystubs from US/India, not for all 63 months but for some months in 2004/6/7/8.
    > W2's for 2005/6/8.
    > Form 16 for 2005-6/2007-8
    > Offer letter, yearly appraisal letters, US deputation letters, appreciation letters, ID Cards, 3 Business cards showing change in designations.

    I would highly value the following since you already have them; Offer letter (hopefully having some of your duties and benefits indicated), yearly appraisal letters (for all 5 years if possible), copy of the Indian income tax forms, appreciation letters + affidavit from couple of your colleagues.
    The idea is to have atleast a few solid evidences and then add in the rest but dont clutter the whole thing in a way that they miss the most important ones.
    List the evidence on a seperate paper in the order of importance and then arrange the actual evidence or notarized copies in that order.
    It will work out so dont worry.





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  • willigetgc?
    01-28 09:11 AM
    .





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  • qplearn
    11-28 05:52 PM
    I am not sure when the CIR will pass...its not on Nancy Pelosi aganda in forseeable future... and several people already mentioned that if it didnt pass by MAY07 then you are looking at Jan 09 to get immigration stuff to happen...

    I think we need to work on an interm EB relief bill ...which is absolutely non contraversial and try to pass it....not worring about piggy backing the CIR...

    Issues such as h1 increase or adding more numbers need not be in it...we can include things like EAD after I-140...spouse/childer not considered for EB quota...etc...

    Unless we act desissively now...its going to be a long way to 2009..

    One of ways in which you can make the lawmakers realize the seriousness of the issue of EB relief is by telling them about it in person. They meet tons of other people every day and hear about many issues that are just as important to the others who meet them. So to convince them of the urgency, IMHO, we all must go to their offices and talk to them. That requires you to take some time off from your schedule. Many of us have already met lawmakers. Join your local chapter.



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  • sku
    12-26 10:38 AM
    So you mean I should not even think of invoking AC21 EVEN after 180 days ?





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  • EB3_SEP04
    04-06 10:30 PM
    If you are an immigrant what’s your status...Tell us more about you.

    If not, what’s the purpose of you are visiting IV. Just teach about the scam?

    The ICE, USCIS and DOL are there and very much capable to take care these scams. So if you have any information about the fraud...contact those authorities. We don’t have anything to do with that. Otherwise please get lost.

    C'mon dude, i wouldn't use the word "get lost" for someone who has kept cool and putting up thoughts without using extreme/harsg words. even if you suspect the person could be from anti-immigrant group, I don't think it's appropriate to sentence someone based on suspicion.

    Dear vjone, like somebody said above, there is no profession where there are no fraud people, there are fraud doctors, fraud lawyers, fraud religious leaders(are there any good ones?), fraud teachers you name it. Posts like yours are welcome, they help us remember that there could be fraud happening around you and you gotta be careful. But in case you are not immigrant and the news made you believe that the %age of such fraud people among legal immigrants is significant then let me assure you that it is not, in fact work-visa community is at the top of the list of cleanest/noble communities. Their contribution to national prosperity and keeping America is # 1 is among the highest. In a way they are the soldiers with keyboards in their hands, fighting for America.

    You are more than welcome to express your thoughts as long as they are in line with the goal/mission of this site.



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  • 1990-1993 Honda Accord



  • glamzon
    07-19 03:35 PM
    Good News . Digged





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  • LONGGCQUE
    07-26 01:04 PM
    Guys, I wanted to circle back and update you on the results. My I140 was approved today and this is what i had submitted as alternate evidence. Hope someone else will benefit from the details I am putting here.
    Thanks to you all who took time to reply and assist me on this issue.

    Documents submitted:
    > Experience letter non-availability as an affidavit mentioning that we tried but previous employer did not provide the letter.
    > Email trail of communication with ex-employer detailing communication asking for exp. letter.
    > 2 affidavits from previous co-workers detailing job responsibilities, skills, dates employed together.
    > For 63 months of last employer experience, paystubs, W2's, Indian Form 16's, Indian IT returns, yearly appraisal letters, other evidence related to employment(not all but whatever was available).

    RFE was :
    Asked for evidence to prove 60 months of experience as listed in PERM.

    Enjoy and good luck :-)



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  • 1995 Honda Accord Photo



  • franklin
    06-16 04:20 PM
    Nobody from IV has prevented people from other countries from speaking up. On the contrary, multinationalism is only encouraged to give a global face to this issue. But, I don't see anyone from outside India/China bolstering IV's efforts. Why don't they step up and join the core team?

    Not true, I'm sure I am not the only IV member that falls outside the Indian or Chinese nationality group that has stepped up and has been contacted for help

    Don't mistake sloppy media reporting for lack of incentive by anyone :)





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  • missourian
    05-12 11:52 PM
    Guys
    I filed my EAD recently and here is what you should do,

    Send the supporting documents to the address mentioned at the bottom of your receipt.

    Documents I have sent,

    1. Cover Letter
    2. Receipt Notice for online EAD filing
    3. your earlier EAD paper in which your EAD arrived ( if this is renewal)
    4. Your 485 Receipt Notice

    This should suffice.
    P.S I have already done finger printing.


    what to mention in the cover letter any template available?



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  • ak27
    11-28 03:59 PM
    We are with you.. CIR is lost cause. I would suggest that we should spend all our energy for interm relief and forget about grand bill.





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  • mrsr
    03-04 10:01 PM
    it says Yates memo not pearson memo :(

    28 th page how ever says that Priority Date Based on Earlier Petition.



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  • punjabi77
    09-10 11:49 PM
    Dude - think practically. If the billing rate that the company is going to get from the client is $70/hr and they keep only $5/hr then they have to give him $65/hr. If they have to keep him on the payroll, they will have to pay 7.45% in payroll tax, which is employer's portion of Social Security Tax and Medicare (reducing their rate from $70 to $65.1575). This means they will be making 15.75 cents/ hr (translates to $315 for a year assuming that you work for 2000 hrs - the remaining 80 hrs go in holidays - for which they may or may not pay). Even if they are outsourcing payroll, do you think that it will cost them less than $315 a year to pay him? even if it costs $0 - who would be willing to keep you on their payroll to make only $315 a year? Would you? and if you take unemployment insurance and liability insurance into account, the company would make a loss. If you owned a company would you follow this business model? If you are - you might as well just give your money for free to all your employees.

    The only way you can get a company to keep $5/ hr and give you the rest is if you agree to a 1099 (and you cannot do that on a H1B - you need to use EAD for that). On a 1099 - there are other tax implications - now you have to pay both your share and the employer share of payroll tax (14.9%). And now since you are an independent consultant (which is what a 1099 is), you have to get your own Liability Insurance. To prevent people from suing you, you will need to form a LLC or some other type of corporation. You might want to get a good CPA to setup your company so that you can setup the right kind of company to benefit from the right tax deductions.

    There is nothing wrong in making more money - just like you want more money, the corporations are out there to make money too. No one is in the business for charity. As long as the relationship between employee and employer is symbiotic, all is good. Once the equation changes, it is either time for the employee to say good bye to the employer or for the employer to off-load the employee from the corporate bus.

    I have seen many posts in this forum complaining of "blood-sucking" employers and how they exploit employees. To me, that is the same as:
    - programmer's guild complaining about us stealing their jobs or
    - people losing their home and blaming the banks "for not disclosing terms"
    - anyone who is blaming anyone else for their troubles
    If you are being exploited, it is because you are willing to be exploited. Don't blame the employer. Blame yourself. If you don't want to pack your bags and go home when you lose a job and cannot get another one, don't blame the employer and tell others that they are "sucking your blood". Everyone is here to make money.


    I understand what you meant..i forgot to mention in my post that if i expect the employer to keep 5/- only then i will take care of running payroll(means pay ADP to run payroll). I will pay employer to keep my h1b status.
    I do understand there are expenses incurred on the employer side too.
    Also i will work with the vendor on EAD but on W2. So no worries about liability insurance. But thanks for your informative post. I need strong information like you gave so that i dont take a wrong step..





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  • rc0878
    09-20 09:02 AM
    CSC is real faaaaaaaaaaaaaast!!!!!

    I got 2 emails from CRIS today for the following:

    APPLICATION FOR EMPLOYMENT AUTHORIZATION

    Current Status: Card production ordered.
    On September 19, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.



    APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Approval notice sent.
    On September 19, 2007, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.



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  • pappu
    12-26 11:21 AM
    So you mean I should not even think of invoking AC21 EVEN after 180 days ?

    Maybe some people had problems using AC21. But at the same time a lot of people do use it. Every person must take the decision after consultation with a good attorney in AC21 matters and after looking at their own GC, Job, career and personal life situations. There are some areas like salary and same or similar job criteria that must be carefully looked at. There is no general answer to the question above. Each person must do what is best for them. It is speculated that a lot of people will invoke AC21 from next month after crossing 180 days and seeing that the upcoming visa bulletins will only push the dates back for countries like India and China. This would certainly frustrate a lot of people who do not see any career growth and may have to decide if they wish to be stuck in the same job for several more years or change jobs.





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  • partha_vus
    02-21 04:39 PM
    Hi optimystic ,
    You can call to Customer service center can find out your Name check is cleared or not?.

    I did that and was able to get the deatils of the name check, USCIS sent to verify name check on 9/28/2007 and not yet cleared, I filed 485 on July 02, 2007. My case details are below.

    Labor cleared Feb '2007 - EB3
    I 140 Approved June '2007 ( Ported Priority date: Jan 2001)
    I 485 - Pending filed july 02, 2007

    thanks



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  • jonty_11
    05-22 06:10 PM
    they will have ur recors...and ur I797 application to prove u r legal...

    Its a ironic sattire.....we r all trying to prove ourselves illegal now,





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  • needhelp!
    01-19 02:22 AM
    Having 3 years EAD/AP and ability to refile AOS (in the worst case) is the best workable solution to an economic turndown and lay-off. Having a recapture done will also help many

    IV already has this as part of the letters campaign. Everyone worried about recession, lay-off etc. must support IV campaign with full vigor.


    ----------- Please read the above and act ------





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  • srikondoji
    06-18 08:56 AM
    Franklin, sroym
    IV is not an Indian organization. If this is one of the reasons why few non-indian members are not making donations then please re-consider your decision and start donating.

    Also let us not dillute our fight by expanding the fight to include other problems. Once we achieve desired results, we can continue to pick up other problems and lead the fight.
    --sri


    As a non-indian joining IV lately, I feel IV is more an indian organization. I had communication with one of the moderators (core members of IV) and he clearly stated that retrogession is in IV's agenda, but FBI name check is not in IV's agenda as an organization. How come retrogession which is mostly a problem for indian immigrants in the agenda of this organization, but FBI name check which is a problem for most nationalities not in the agenda of this group(maybe with the exception of Europeans)? There are over 100 members at a yahoo group, and some more registered at an immigrationportal forum with common problem of FBI name check, cases delayed for 1, 2, 3 or more years because of name check. The registered use names suggest that there are from all over the world, yet no core members of IV is caring about this matter with the exception of one person who scheduled a conference call with an attorney in PA, but did not help any more. Sorry about my humble sincere feeling.





    ajm
    04-13 09:25 PM
    Another helpful "negative feedback" is the trend of GC applicants stuck in the system moving out of the US. Understandably, most immigrant are reluctant to take this tough step but the trend is here and it grows like a snowball.


    Excellent point!

    Maybe the IV team, when interacting with legislators, can also highlight cases of exceptional persons who got tired of waiting for their green card and are now productively employed in their home country. That will be a nice complement to the stories of people like us who have still not given up.





    Soul
    12-30 09:56 AM
    Good luck Lost :beam:



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