Wednesday, June 8, 2011

october 2010 calendar

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  • nlssubbu
    12-12 07:30 PM
    Hi!

    I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.

    I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?

    Thanks for your help!
    Vivek.

    I-485 receipt notice belongs to you and I do not know why your attorney retained them. If your attorney is not appointed by you and employed through your company, it is all the more better, if you have this copy with you.

    If you are planning to re-enter using AP, then have the original I-485 receipt notice and the company letter to be on the safer side.

    Have a safe trip!




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  • digitalborealis
    01-10 06:24 AM
    Research statement? Have never heard about that one! Are you a postdoctoral research fellow?

    No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.

    D




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  • dealsnet
    08-19 12:53 PM
    I did reply same questions from many people before.
    Give me green.

    See the linkhttp://immigrationvoice.org/forum/showthread.php?p=271903#post271903

    About ADIT:
    ADIT=Alien Documentation Identification & Telecommunication Systems.
    Could mean biometrics not up to date or just stamp in passport.
    Either way they will tell you what they want.

    ADIT (I-551) stamping


    Applicant appears at local USCIS for ADIT processing, as outlined in AOS approval letter. Applicant will not be scheduled for an ADIT appointment, ADIT processing is done by "walk-in" basis ONLY.


    Once the applicant adjusts his/her status by completing ADIT processing, s/he is given the I-551 permanent resident stamp in his/her passport.




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  • xbohdpukc
    09-25 11:59 AM
    The Immigration Nationality Act does not say specifically that h4 time is added towards h1 time. It is the way laws interpreted by uscis that states h4 time counted towards H1. USCIS can change their interpretation by merely issuing a memo.

    http://immigrationvoice.org/forum/showthread.php?t=454&page=3

    see this thread.
    Maybe it is a good idea to contact the Ombudsman about this issue.

    I'm not a lawyer, but my assumption would be that this is cannot be changed by an USCIS memo. Why? Because H4 is simply a derivative status which means that it obeys all the rules pertinent to the primary beneficiary's status plus additional restrictions imposed to the particular classification by law. H status is restricted to 6 year continuous presence in the US.
    It would be helpful to find the definition of a derivative status; INA does not provide such definition, but I'm sure they wouldn't be using these words loosely without a proper definition.
    So my guess would be is that the answer to the question of "decoupling" H4 and H1b time will boil down to the answer to another question: what really defines a derivative status.



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  • when
    10-02 02:22 PM
    :-|




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  • gcisadawg
    04-13 10:22 AM
    I have recently switched the job using AC21. I have to move my 401K from my old previous company but here is the issue: in my new company I will not be eligible for the 401 till I complete 6 months with the new company.
    If thinking of moving it to IRA account, please let me know what is the procedure involved?
    I will really appreciate if some can suggest me what are my other options.
    Thanks,

    You have multiple options.

    1> Just keep the money with your old company. This is possible if the balance is above 5K.
    You can shift as soon as you set up a new 401K plan with your new company. Check with your current HR if they allow this. In my company, they do allow this.

    2> Shift the money to a new/exsisting IRA.

    Either case, first open the account and ask your current 401K custodian to write a cheque to new 401K/IRA custodian. If they write a cheque directly to you, they may withhold tax.
    If you don't deposit within specific time period then you would incur tax and 10% penalty.

    -GCisaDawg



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  • rani77
    10-09 09:29 AM
    situation is quite different from CA. True, for first time driver's license, you have to show legal status proof. But, you are issued license for 4 years, irrespective of when your current status expires.
    For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
    There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
    CA is quite cool with respect to DL renewals.

    This was in past not now.




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  • skdskd
    10-15 03:32 PM
    Sorry to add to the confusion and I had replied to the same question in another thread, but my lawyer told me I can be on H1 and do additional work on EAD since H1 is a dual intent visa. He also told me that nothing needs to be informed to the immigration authorities once I start using my EAD. I know this is contrary to what everyone said in the comments above, but this is the reply I got talking personally to my lawyer.

    Even my lawyer told me that I can be on Both H1-B and EAD

    But It is not true for H4 , You can not be on Both H4 and EAD



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  • yabadaba
    08-14 01:02 PM
    Sorry but I didn't get what your "Yes" pointed to.
    is OP wrong or right in his assumption?

    Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D

    Thanks,
    Nik
    the op modified his post.. his post ended with the question "am i missing something here?" and i replied to that as yes you are.. as to what he/she is missing is anyone's guess. maybe some common sense?

    how would uscis have the ability to decode between a direct hire and a non direct hire application?

    abc corporation is abc corporation. what OP was implying was that employees at companies with well established brand names would get it faster. but there are thousands of legitimate companies in various fields other than software that have 0 brand recognition outside their industry.




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  • martinvisalaw
    07-16 05:59 PM
    I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).

    I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.

    Any help is appreciated.

    Thanks
    R

    It's complicated. An employer cannot ask you to repay any of the Training Fee ($1500 or $750 if under 25 employees). You cannot pay any of the rest of the costs if paying those costs brings your salary below the "prevailing wage" or "actual wage" for the position.

    As regards whether a reimbursement agreement is enforceable - it depends on state law.



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  • REDS
    01-01 12:29 AM
    Opened SR got a response letter informin that my case is within the "6months" window frame @ TSC so i guess I should see an FP notice by March 11 '08., Am a july 17 filer @ TSC, RD is Sep 11 and got EAD and AP long time back.




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  • VenuK
    06-15 07:19 PM
    There is no law against multiple companies processing H1B for the same candidate at the same time. In past I had 2 Job offeres and both companies were processing my H1-B at the same time. Eventually I joined one of them. I do not see any issue for you to go back to your Home country and get the visa stamped as long as you are working and getting paid as per your approved H1-B petition.
    Also if you never landed up working for the company for which your H1B transfered got denied then there is no issue at all, but if you did then I am not sure about the ramifications.

    Hi Shelar,
    Thanks for your response.
    I dont want to go to my home country for stamping. I'm residing in california so i want to go nearby country which is Tijauna, Mexico.
    currently, my pay stubbs are still generated with old company (X). Now i've got I-797 approved from New company on June 6th,2006. Is it a must that i have to have at least couple of pay stubbs generated with new company before going for visa stamping

    pls advise.



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  • sertasheep
    03-25 11:18 AM
    <EDIT>
    added hyperlink to Enquiro Report
    </EDIT>

    Chidanand Rajaghatta is a guy who spends time in different countries and writes about his travails. Obviously, he's not completely educated on this, and I guess may be we could take this opportunity to make him and TOI aware of our efforts.

    I have sent out the following email.(between asteriskes). I'll post any responses I may(will I?) receive.

    **********************

    Dear Mr. Rajaghatta, and Editor,

    I have been a consistent reader of your articles on your travels the world over. The headline for your latest article seemed a little sensational to me, without any mention of the word "Illegal".

    The NRI community(read "legal immigrants" and "legal immigrant applicants") are aware of the new Guest Worker program proposed by Mr. George Bush, but it doesn't really affect the Indian diaspora at all, because majority of us are in the US legally.

    The article seemed out of context and irrelevant in a esteemed publication such as TOI. Why don't you instead write about current issues that are plaguing the NRI community? Those would be directly relevant to the concerns of affected NRIs and would draw more readers to you.

    I have recently concluded a research paper(as part of my Masters program) on the inefficiencies of the US Immigration system, and its impact on applicants, especially from countries such as India and China. The outdated workflows and holes in the Immigration system have led to endless waits and affected many immigration applicants, thereby impacting US economy in terms of tax dollars, jobs lost to overseas(outsourcing), and subsequently, loss of precious foreign exchange to the home countries of these applicants.

    Applicants are forced to spend precious time and effort in speculating and predicting the outcome of their immigration benefits. As per a Internet search engine study, (See Enquiro Search Engine Report, Aug 2005 http://www.enquiro.com/net-profit/Murthy-vs-Goliath.asp ), it is the website of a US Immigration Lawyer (across all practices) that gets the most eyeballs(hits), worldwide! This is testimony to the fact that several hours are spent by applicants in anticipation and speculation.

    I would more than willing to collaborate and share these thoughts with you, to fuel your interest further.

    May I also draw your attention to some of the grass-roots organizations fighting for these causes? One notable organization is "Immigration Voice" which is gaining great momentum.(www.immigrationvoice.org)

    Best Regards

    ************


    "Celebrate, Have Faith and Maintain Hope"--the byline of a popular immigration attorney. Isn't this quite true?




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  • h1-b forever
    04-23 10:18 AM
    Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.

    May GOD Bless all.

    USCIS Policy Memo site link below see for yourself.

    USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)

    Finally USCIS is acting with some sense in them. They did not think through when they were complying with Sen. Grassley. Their minds were so concentrated in getting the IT industry that they did not realize the back lash will come from all H1Bs, from all sectors including doctors and nurses; and most importantly these people do not have any clue of the present day business models, so they got hammered by businesses too, plus AILA took it on its legality.



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  • rsdang
    08-19 10:44 AM
    However I would not like to see socialization items on the home page... If we do go ahead with this suggestion I would suggest a seprate link from the hom page...

    I would not want to loose important messages in personal communication with other members...

    Thanks




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  • s416504
    12-04 09:40 AM
    Thanks Ashkam & Sledge_hammer for sharing valuable information



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  • anu_t
    05-13 04:53 PM
    His position requires Masters Degree

    The thing about EB2 is , "The job description needs to be specific." I have a experience that , lawyer gets scared when the job description is vague.
    just "masters degree required" is sometimes not enough.




    october 2010 calendar. the October 2010 Calendar
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  • prinive
    03-27 07:48 PM
    Any one ... :o




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  • Sunx_2004
    10-10 12:36 PM
    My application reached NSC on July 17th, No updates yet..:mad:




    chapsi29
    06-25 12:57 PM
    The question is, did you earn any money at all in 2007? The information you provided is a bit vague, in one place you say you received paychecks till December 15 2007, in another place you say you did not get paid in 2007. It is simple really, if you did not earn any money in 2007, then you do not have to add your W2 to your tax returns. If you did earn money in 2007, then the company has to supply you with a W2.

    Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.


    What I meant to say is, I did not get paid in 2007 for the work I performed in 2007. But I got paid last month for the pay periods (up to 12/15/07). So that amount will reflect in this year's W2 and not last year's.

    Like you had rightly said in your last para, I am concerned if USCIS would have a problem about the fact that I did not gt paid and receive a W2 even though I worked on H1-B in 2007. When they process my I-485, I am afraid this might come up as a query.

    I am going to talk to the lawyers about this. I would like to know how this situation can be addressed today as the damage has already been done.




    bestia
    07-17 03:12 AM
    Wow, I feel you. I've been in such situation. How big your company is? Whose lawyer is taking care of your case - yours or employer's? Try to contact the lawyer directly. Do you know if any violation regarding working conditions your employer has? If they are on shaky ground, you can be more aggressive with them. You can have several ways of pushing them.

    Maybe it's late for you now. But after my first employer's games, when I joined my second employer I demanded at the very beginning that I will have my lawyer and everything will go through him. Only when I got my H1b through my lawyer I joined them.

    When I placed my "two weeks notice" my ex-boss was walking after me, begging not to leave. When I left, they threatened me with lawsuits. Never filed any after I mentioned him about hiring illegaly few guys and pointing on some other violations they had.



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