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Posts posted by nrkiran1

  1. Just don't inlcude the requirements when you put together an AC21 notification. Or don't notify until you have the required experience.


    Thanks Belle,

       I have already gained Bachelors + 13 years / Masters + 10 years experience.

    My only concern is; my current employer's GC ( my PERM) requirement was Bachelors + 5 years, but the prospective employer's requirement is Bachelors + 10 years.

    If I don't mention job requirement in AC21 letter, will USCIS raise an RFE and issue NOID on my I-485 later down the road because of this difference ?

  2. My PD is Dec 2007 EB2I so I am current now.

    My PERM through my current employer was filed with Masters + 12 months or Bachelors + 5 years requirement for a 'Lead Analyst' position.


    Now I got an offer from a big company with same job duties for a 'Principal Analyst' position, but their job requirement is Bachelors + 10 years experience and they are ready to wait until 6 months after I file my AOS in this August.

    After finishing 180 days on my pending I-485 application, can I accept their offer and invoke AC 21 ? Or, will I end up in trouble from USCIS down the road because of 10 years experience requirement from my prospective employer?


    In a nutshell, can I join in a job that requires more experience than what was shown in my current Perm requirements, but same kind of job duties ?


    Thanks in advance if you are willing to give a valuable suggestion.

  3. You can file a complaint with DOL anytime even if its after an year.

    Are you sure ? Can you give me the source of your information ?

    Because I've heard from some of my firends that after 12 months I will not have any authority over this case and there is no use of filing a complaint. So I am now planning to ask my current employer to upgrade my currently pending H1B extension petition (because I got only 1year approval last year) to premium processing so that I can take action on my previous employer in next month.

  4. Dear forum members

    I am on 8th H1B year extension based on the approved I-140 from my previous employer. I left them 11months ago because they were not depositing my paychecks on time (always 3 to 4months delay) even though they ran my payroll on time.

    Last June I transferred to my current employer after filing for H1B transfer. Since then I was literally calling and begging my previous employer to deposit my last 3months (Feb to May 2011) of salary. They still owe me those deposits, because like I said above, they ran my payroll and gave me the paystubs but not the pay checks. They kept those paychecks with them telling me that they will deposit them soon in my account.

    The only reason why I kept quite till now is my current employer still didn't start my I-140 and my previous employer is threating me that he will cancel their I-140. If they do that I am no longer eligible for new H1 extensions with my current employer.

    Now that I am almost close to finishing 12 months since I joined my current employer I am planning to file a complaint to DOL on my previous employer to get my money back.

    Can any one suggest me your opinion or is it a good idea to risk my future H1B extensions given the fact that my previous employer might cancel their I-140 if I file a complain against them ?

    Is it true that if I file WH4 complaint against my previous employer after 1 year leaving them, DOL will not consider my complaint ?

    Thank you.

  5. I got 221g blue today asking to submit DS160 confirmation, Passport size photo, Passport, Original I-797, LCA and H1B petition.

    Is this request for stamping the visa ? Can I now call DOS to check my status ?

    My case in short

    EC model

    Interview date at Chennai: Aug-29

    221g green asking all employer, petition related docs and Passport

    Submitted docs: Sep-12 at Hyd VFS without PP

    Request for PP: Nov-17

  6. @goodluckishere

    Mine is also work from home in a EC model from past 3 years. My LCA is with my home address in U.S. Last year I got my H1B extended and stamped for 1 year. But this year, my H1B is granted for 1year, but when I went for stamping I got 221g, so I am struck now in India

    2. For remote workers your employer should get status reports from you and he needs to report those to client. I would say this is how you need to state to VO to prove your EE relationship. If possible gather the e-mail proofs of reporting/discussions with your employer.

    4. You should tell your home location as work location

    5. No, you can have any port of entry

  7. @h1b321

    Very well stated and I totally agree with you. I think the US immigrations is now into a big political game.

    1. Making money by approving the H1B cases of EVC or EC models just by checking the client letter and project duration. This is how they approved my case in July of this year. If they don't approve at least by basing on end client letters, then they would lose their revenue. Remember they make approx $2000 to $3500 on each H1B filing.

    2. Then consulates are rejecting these approved cases or keeping them in suspense in order to support US politician's / anti immigrant lobbyist's that are trying to gain the votes in next election by showing these H1B rejections to Americans.


    I agree with you that some shady firms abused / abusing the H1B. But this is not the way US should payback. There are other ways to reject the visa, for ex: by checking the W2 of previous years, W2 reports of other employees of petitioner etc...etc...

    Just FYI, My story in short.....After having my Masters in US, I had 8 years of experience as a ERP business analyst. From the past 2 years, when I was in US, I tried sincerely to get a full time job at the direct clients, but I didn't succeed either due to my salary requirement is not matched or due to the end clients not willing to sponsor my H1B. I know many end clients are now not willing to sponsor H1Bs. If they are willing, then the consultants like me has to agree for less salary than what we are currently making as consultants. So the clients are rather going to outsource their work or offering their own level of salary to H1Bs.

    So I sticked staying as a consultant with my employer, a desi staffing firm. I was making the $$ as I wished, well and far above what a full time job would've paid me and also waiting for my PD to be current in my GC process. It will be current next month.

    Last month I had to come to India and my visa stamp is now kept in suspense because of this E-E rule.

    Had my GC is processed on time, I wouldn't have landed up in this situation. But as you stated, I couldn't join with an end client who cannot match my salary reqmt for my experience and skills just because they need to sponsor my H1B.

    If the DOS is thinking that EVC models are violating H1B visa, then they should create a new visa category which allows to work in US till the duration of end client project as stated in the client letter.

  8. I already posted my interview experience at

    To keep my case alive, I am continuing it in this thread

    Interview date: Aug-29-2011

    Consulate: Chennai

    Model: EC

    Query type: 221g green with passport

    Docs submitted at Hyd VFS on: Sep-12-2011, I didn't submit my passport because I need to travel to other country

    Approval: Not yet

    Waiting since: 3.5 weeks

    After living in U.S for 11 years without any gap in between, I never expected this ****.

    The frustrating thing is, the mindless VO marked for internal project details (with a smiling face) even though I clearly mentioned to her that I am working for end client. She didn't even ask a single document from me on that day

    I am not sure what is going on with these VOs, they are getting excited in issuing these 221gs and deliberately playing with the professionals that are working for consulting firms.

  9. @Coolbuddy0311, thanks for your response.

    Question: How does this VFS drop box thing works ? I mean, should I simply put all my docs in a sealed envelope and drop it in a box at VFS office, or, will some one at VFS office personally collect the docs and give a receipt?

    Should I also need to submit my PP along with the docs or will I get a new e-mail later in case if consulate is willing to approve my case?

  10. Mine is a EC model. Me and my wife (dependent) attended the interview today, the VO is a female with Indian origin looks.

    Q&A are as below

    VO: How many employees of your company work for this client?

    me: Just me

    VO: Whom do you report to

    me: Both to my client manager and to my company supervisor

    VO: Sir, whom do you really report to

    me: I again stated the same

    VO: What is the difference between your reporting to both

    me: To my client manager I report the project progress and status. To my company manager we discuss the status of current project, new project opportunities etc.

    VO: And do you get any feedback from your company supervisor?

    me: I kept a question mark face and asked her what do you mean ?

    VO: Who approves your hours?

    me: My client manager

    VO: And then your client manager sends those hrs to your company ?

    me: No

    VO: Then how does it work?

    me: I send the approved timesheet to my company and they invoice the client.

    VO: In which state do you work?

    me: FL

    VO: In which state your company is located?

    me: NJ

    Then VO started typing for a minute and gave me 221g green along with my PP. She marked the following

    1. Copy of petition with all supporting docs as filed to USCIS

    2. Notarized list of all petitioner's employees of the job site listed

    3. My working state unemployment wage reports, showing all wages paid to each employee in the state for the past 3 quarters

    4. A copy of contract between the petitioner and the job site (the location where you actually work)

    5. On a letterhead from the personnel dept at the U.S job site stating that there is a vacancy for you

    6. Letter from the client company sponsoring the project and a copy of contract between petitioner and client company.

    7. A detailed and specific description of the internal development project to which you will be assigned.

    I actually work from my home location in FL and travel to the sites wherever the client tells me to go. This is what my client manager mentioned in his client letter to USCIS when my company filed for my H1B.

    Now, my question is what docs should I submit for the questions 3, 5 and 7.

    Any thoughts from the fellow members are greatly appreciated.

    Thank you.