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  • vallabhu
    11-29 03:26 PM
    My attorney received a letter saying "Intent to Deny" reason being not having Mats in graduation.

    But the fact is I have Maths and I did 4 Math courses in graduation and provisional clearly shows maths1, Maths2, maths3, maths4.

    Letter says Vallabhu has done Courses in Sanskrit,English, Physics and Geology but nothing in Maths.

    and This how each year of transcripts look like

    Physics1
    Maths1
    Geology1

    Physics2
    Maths2
    Geology2

    Physics3
    Maths3
    Maths4
    Geology3

    I don't know how can he miss Maths from this.


    Does any one else heard/faced a similar issue in the past.





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  • meridiani.planum
    04-17 01:18 AM
    This is Off-Topic, sorry about that, but this is the best forum i could think of to ask this:

    My father-in-law is visiting us from India, and he is thinking of driving a car here. He drives in India and I think in a couple of weeks (with maybe 2-3 classes with some instructor) he should get the hang of driving. Are there any risks that anyone knows of with this? (if he makes a mistake and ends up in an accident I understand that we end up being personally liable and can even be sued if there is an injured party).

    Edit: This is in California





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  • rangaswamy
    02-12 04:13 PM
    Hi,

    I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?

    Thanks

    Nebrasaka takes anywhere between 3 to 8 months. Texas takes anywhere from 12 days (in my case) to 2 months.
    Texas is much faster.





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  • logiclife
    03-28 06:04 PM
    Yes, dailykos does have a very strict policy of purging trolls and hecklers. They too are anti first-amendment and anti free-speech like IV moderators. If you go on their site and post nonsense, you will be banned in a nano-second.

    Unlike IV, where we used to argue and reason with trolls and miscreants last year.

    People who think IV is undemocratic and opposed to different viewpoints, choking their first amendment rights and opposed to free speech should check out the king of all blogs www.dailykos.com that has 20 million hits on that site and post anti website messages there.

    Or try posting a dairy (its called dairy there, same thing as a thread here) against Markos Moulitsas Zuniga (owner of dailykos).

    A few months ago, he purged all the people who posted nonsense conspiracy theories because it made his website look bad. After that he purged all the users who recommended and posted comments on those nonsense dairies. Once you are banned, you cant post new stuff for one week because once you can sign up with a new ID immediately, but there is one week waiting period after you signup and you can post stuff only after one week waiting period is over. Kind of like the gun law in California. If you want to buy a gun, you can apply for it and there is one week waiting period and then you get the gun. So if you are mad at someone and want to shoot someone, you cannot just buy a gun and start shooting.

    That is how the world works. You dont get the trash people on their own website.

    Anyways, I read your post as cacophonix and its great. You have put and elaborate and detailed post and thank you for doing that.



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  • fromnaija
    02-12 10:51 AM
    Hi,

    I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?

    Thanks

    This depends on the service center treating your case. Mine took less than three months at Texas Service Center.





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  • smartboy75
    07-17 07:25 PM
    Hi All

    As the dates become current, I see a lot of people asking the same questions again and again....why can't people do a little search on the forumn before posting repeated questions already asked before ..For eg: Filling i-485 and presence in US or filling without the help of lawyers....

    I mean come on guys..we call ourselves highly skilled labours and don't even have the skill to find out answers to common questions by searching the forumns???? I am really begining to doubt the IQ of some cause if not how do u explain it...

    DON'T GET ME WRONG....ACT SMART



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  • quizzer
    11-21 12:34 PM
    Raj,

    SR can be opened by company HR or lawyer if the service center processing time exceeds your receipt date by more than 30 days.

    As sunny said, when NSC moves their processing time to more than 21st Jan 2007 ( I assume ur RD is 21st DEC and EB3)...your lawyer can call the normal 1800...number and raise a SR.

    it's a simple process and lawyer should be knowing how to handle this.

    I see people getting decisions within 30-45 days after SR.

    Mine came in about 27 days.

    let me know if you have any questions.

    Thanks





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  • mdross2
    11-26 12:39 PM
    Thank you so much for your response.

    So If I understand correctly I will have to staple the current I-94 (bottom part of I-797) from company C to my original I-94 in the passport i.e the I-94 I got at the time of entry (the one which has the company A info , I mean the type of visa , valid till etc.)

    What abt the I-94 from company B(the one which I have the copy of) . Does it need to be stapled too while I am leaving US ? If yes, can I staple the copy ?

    Thanks again for your time.



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  • milind70
    08-26 11:03 AM
    Check with your lawyer. Extension beyond 6 yrs is not available if you are eligible to apply for I485. If you are not able to apply for 485 because of retrogression, you can extend your H1 beyond 6 yrs (of course, it doesnt apply to you).

    This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.





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  • jimcourier
    06-08 05:14 PM
    Hi folks,
    Thanks to all who responded and viewed my post.
    I am still in the US, I had to reschedule my travel plans, which leaves me very little time for the event. But atleast, I have the satisfaction that I gave it my best shot.
    On the plus side, I get to stay back for a couple more days, so that's good.
    BTW, my status is still pending. The website updated the status late Friday afternoon, and changed it from "Request for more evidence sent" to "Evidence received, and processing resumed".
    I even had my manager call the USCIS service center for a status update, where he was spoken to rather rudely and curtly by the visa officer. The officer just stated that they have received the documents we sent, and will be processing the application. He also said that the website does not get updated regularly or instantly. Rather, the flow of things would be like this :-
    Application adjudicated, E-mail sent to Petitioner, Mail sent to petitioner, Status updated.

    I am still hoping that my new company atleast gets the approval e-mail before I leave.

    And since I don't have a valid visa anyways, I will be relying on this approval to get my visa stamped.

    Thanks for all your help.



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  • abe1
    06-22 10:56 PM
    Although I filed the Labor Certification Application (regular filing) in mid 2004, I couldn�t apply for I-485 in July/Aug 2007 because my LC was still pending at that time. Later in 2007 I got the Labor Certification and in 2009 I received the I-140 approval.

    While may case was stuck in a DOL backlog elimination center, many people who started their permanent residency process in 2005, 2006 and 2007 were able to take advantage of the I-485 filing window because of RIR and PERM filings.

    I am wondering if I could request USCIS to extend to me the same EAD Card benefit that applicants with a later priority date are enjoying. Is it something I can appeal to an immigration board or to an immigration court? I have been working in H1B since 1999. Would 11 years in H1B (and 3 years in F1 prior to that) carry any humanitarian consideration in a court of appeal?

    Could someone please advice?

    Thank you.





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  • sri1309
    04-10 06:28 AM
    HI,
    I know a case where i-140 was deniied similarly. If you dont really trust the attorney, as it looks to be the case, CHANGE the attorney 1st. Go to a big firm like Murthy.They handle cases like this & in my fren's case, it was successfully cleared using MTR in less than a month.
    Make sure you have all the documentation needed for ATP and they ask for 1 out of 3, but if you can get more than that, its good.
    Sri.



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  • Porch
    08-24 10:42 AM
    My first term on H1 expired on June 2002. I revalidated it and the second term also got expired as of June 2004. Since I was in US only for 3 years on that H1, is it possible to revalidate it again now, even I'm not working for company A now?





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  • pointlesswait
    04-28 01:10 PM
    my 140 was approved a week and a half back ..and i asked my attorney ..if my date was successfully ported..and he is refusing to divulge the information and telling me to contact my company..

    1.) i know 140 is a employers prerogative and all that jazz..but should i not get a copy..or at least some basic information?

    2.) Am i wrong is even asking for that information?



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  • jonty_11
    02-06 11:00 AM
    I am talking to my lawyer about that. They are pondering over it. I will let u guys know what they come up with.





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  • gc28262
    07-30 07:07 AM
    Success Story: Showing a Valid Employer-Employee Relationship (http://shusterman.com/newsletterusimmigrationaugust2010.html#5)

    As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
    The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."

    The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.

    We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.

    Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).

    Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:

    "Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
    and
    "On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
    We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.

    This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.

    In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.



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  • pappu
    05-27 02:52 PM
    sorry about that, i was planning to file in 2007, but didn't complete the process, and forgot to update my profile. it is updated now. thanks for pointing it out.

    Thanks. I will try to answer here. The attorneys on forum maybe able to help you further and give a more reliable answer as they know the law.

    From what I know NIW means you are asking for a Labor process waiver. Thus you can apply I140 directly without labor certification. However after the PERM process introduction getting Labor certificate is not that time consuming as it was earlier. ( I know these days it has become more time consuming ) Nevertheless you can still save your labor process time by applying for NIW. Note that collecting the proof and preparing the application can also be time consuming. In order to file an NIW petition, the you must be able to demonstrate that you are seeking work in an area of substantial intrinsic merit to the US, that the benefit from your proposed activity will be national in scope, and that such national interest would be adversely affected if a Labor Certification were required for your application.
    Note that there is a difference in exceptional ability and extraordinary ability that is a requirement for EB1. Exceptional ability means your degree, skills and achievements are above than what is normally found in your peers. Extraordinary has a far higher standards that you need to meet. You can file as an advanced degree holder but if you are requesting waiver of Labor certification you need to prove the 3 criteria stated above. They can be proved by your various publications, awards, letters from experts, patents etc.





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  • canmt
    11-14 03:01 PM
    This could mean that USCIS has started to processing I-485 applications faster and you'll get your green card as soon as FBI clears the name check...

    Good luck on your green card pursuit...





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  • ilikekilo
    04-28 02:46 PM
    I was hoping some one will be able to tell us something abt it but seems as no one has recd. a mail like that from USCIS.:confused:

    hey iam not sure what would be the RFE is about, i dont see a GC coming since ur PD is 05 and its not current. please wait until u get the RFE and post ur message again...cant fathom what the rfe is about as u arleady got one for TB test...it might be for somethinig else too..just wait ad see





    bluesandrams
    12-16 10:52 AM
    http://www.indianexpress.com/sunday/story/250682.html


    THE BRAIN RAIN
    PALLAVI SINGH
    Posted online: Sunday, December 16, 2007 at 0000 hrs Print Email
    Shouri Chatterjee comes across as a regular guy from Kolkata, fond of reading and meaningful cinema.

    Related Stories

    MOON VILLAGEGREEN BUCKSBARGAIN BRIDESNIGHT WITHOUT ENDBang for the buck

    Shouri Chatterjee comes across as a regular guy from Kolkata, fond of reading and meaningful cinema. Every morning while cycling his way to his tiny office at the Indian Institute of Technology-Delhi (IIT-D), he mingles with his students. In fact, he�s often mistaken for one. But he dispels the impression with a firm, �I�m here to teach.�

    And if you ask his seniors at the institute, this simple statement from the US-returned electrical engineer means a lot to IIT-D these days.

    Contrary to what most IITians with a BTech degree in hand and a foreign stamp on their post-graduate degrees did in the 1980s and �90s, Chatterjee abandoned his dollar dreams at the Silicon Laboratories in the United States to join the institute in November last year. A PhD from Columbia University in New York, Chatterjee says he knew all along that teaching and research were his �true calling�.

    He is not alone. The 38 other men and women who have filled up faculty positions at IIT-D in the last 18 months, would agree. The new recruits, many of them under 35, reflect a trend that is slowly picking up across all the IITs. Most of those who have joined are either first-time teachers or have taken to teaching after a few years of experience in the industry.

    For 32-year-old Anirban Mahanti, for example, teaching at IIT-D is a job change for the better. The shift from a three-year-stint as an assistant professor at the University of Calgary in Canada to teaching at IIT-D may have meant a �big downer� financially but in terms of freedom in research work, the gain, he says, cannot be translated into monetary terms. �In industry-based research, you just do what the company wants you to do. Here at IIT, we set our own pace and do what we want to do,� he adds.

    While Prof Bijendra N Jain, Deputy Director (Faculty) at IIT-D, insists that the emphasis on recruiting young faculty is not new, he admits much is being done to �incentivise� the lot.

    This month, IIT-D introduced the Outstanding Young Faculty Fellowships. The fellowships, currently numbering 26, offer Rs 1 lakh per annum to the select faculty for a period of five years. Jain says IIT-D hopes to launch about 500 such fellowships in the next five years.

    �Creating fellowships are most important to us now than anything else. Return on money invested in a young faculty usually exceeds everything else. They are young, enthusiastic and several of them have left lucrative jobs abroad to join us,� says Prof Jain.

    The institute has also asked the Department of Science of Technology under the Ministry of Science and Technology to launch at least a thousand fellowships for young science teachers across the country.

    Similar efforts were made at IIT-Bombay when the institute announced a signing bonus of Rs 3 lakh for its new faculty with help from its alumni. It even significantly increased seed research grants to Rs 10 lakh to new faculty members from Rs 3 lakh in previous years.

    Educationists say compensation packages are the need of the hour to build a pool of young teachers as a large number of faculties across IITs, hired at a time they were being set up in the 1950s and 1960s in anticipation of excellence in science and engineering education, are nearing retirement.

    �The faculty was recruited some 30 years ago. Only a few years ago, we realised the fact that many of them would be retiring,� explains MS Ananth, director, IIT-Madras.

    While IIT-Bombay has a faculty strength of 420 with about 100 vacant positions, it is not alone. Figures at the seven IITs reveals an estimated, cumulative shortage of at least 900 faculty members.

    At IIT-D, about 20 percent of faculty positions are vacant. Further, according to a report prepared by its alumni association in 2004, more than 20 per cent of its most experienced faculty would retire in the next seven years.

    The shortage is most acute in IIT Roorkee, which has a sanctioned strength of 575 but only 345 on the rolls.

    So, IIT-D, along with IIT-Kanpur, IIT-Roorkee and IIT-Madras, has standing advertisements for faculty positions in all departments. And, the progress has been �good� as against a �dull response�� until a couple of years ago. �About 50 per cent of the applications we receive now are from teachers settled abroad. They all want to teach at IITs,� says Prof Jain of IIT-D.

    The recent recruitments have pushed the number of teachers aged under 35 from 15 to over 30 at IIT-D and �Brand India� is one of the reasons behind the rising numbers.

    In the 1990s, Prof K Achuta Rao, now 43, would come looking for research jobs in the field of climate change in vain. �Two things have happened since. First, the Government is encouraging quality research and second, a great research pool is being created here with the advent of big research labs setting up shop here. This is the time to be in India and be part of the changes it is undergoing,�� says Rao who joined IIT-D this June after working in the US for over two decades.

    While Rao�s decision to come back to India took two decades, young IITians have decided pretty early. Statistics show that only three of IIT-Kanpur�s 273 BTech students and two from the integrated MSc course went abroad last year. All others�267 MTech students, two-year MSc grads and MBA�-stayed back in the country. In Delhi, of the 1,000-odd job seekers, only one student went abroad to join a financial consulting firm. At IIT Mumbai, 95 per cent of the students were placed in India while in Madras, only two BTech students went abroad.

    But the lot willing to take up teaching and research is �still a faraway dream,� says Mahanti. �You can�t say that the US hangover is over. But there has been some sort of reverse drain. That doesn�t mean we should no longer be worrying about brain drain,� he cautions.





    sandy_anand
    10-21 05:08 PM
    sorry folks ... new member here...
    my profile should have some info now....

    Welcome waitingimmigrant!



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