Sunday, June 12, 2011

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  • sandiboy
    08-23 05:25 PM
    Is it from NSC or TSC

    NSC




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  • techbuyer77
    07-16 10:11 AM
    If they accept people who didn't listen to govt annoucement and sent their applications and reject those who sincerely listened and obeyed, well all hell will break loose.I will sue USCIS personally(not a class action suit) and even sell my house to pay the lawyer fees.:mad:

    You are right! 100% Why people who follow all the rules are always screwed up and the ones who doesn't the government ALWAYS cut them some slack!

    It is like the CRI. I went thru the pain to work for YEARS on this GC and now people who got here illegally LAST YEAR will have GC and I still dont have mine (in the hipotetical case it ever passes, thanks God it didn't) It is not fair! what about all the money and time I spent to get here?

    The people who does not follow the rules should go at least to the endo of the line!




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  • calboy78
    02-05 04:44 PM
    A few years ago this was the rule:
    10 yrs visitor visa - can NOT stay > 180 days
    5 yr visitor visa (same price as 10 yrs visitor visa) - can stay > 180 days but you have to register with appropriate agency in India. I got 5 yr visa for my son, he stayed there for 7 months. we had registered him in nearest police station.

    So, in my opinion PIO is better - its like 15 yr visa.
    hope this helps.

    Me and my were indian nationals with EAD etc. Our Kid was born here. We are planning to go to India and planning to apply for Visa for our kid.

    I would like to know 10year indian visa is best of PIO card is best. I read some where that if any one has PIO card, and if they are staying more than 180days, we have to report to Foriegners Report cell in india.

    Do we need to report the same if kid has india visa for 10years?

    I am not sure how far this is true? Can anyone guide on this.

    ~Sree




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  • vaishnavilakshmi
    07-25 01:00 PM
    Thanks for the responses.

    I have the affidavits and the birth certificate with me. The problem is with the misspelled names on those when compared to my passport.

    Hi,

    I don't know for what u have the affidavits for.Anyways,the solution for ur case(mispelt parents names in ur birth certificate) is"ur parents have to give an affidavit stating the subject that their names were mispelt and the original names are so and so" and all the remaining details are correct.And this affidavit is to be notarised by lawyer.

    Hope u got this now,
    Goodluck,
    Vaishu



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  • indyanguy
    01-13 09:40 AM
    We received the RFE letter on my pending I-140.

    I am not sure what they are looking for. We had submitted letters of experience prior to Dec 2004 that added up to 1 year. Basically, I worked with 2 companies during that time.

    Initially I had sent:
    a. 1 letter from Company A
    States my title, skills dates
    b. 2 letters from Company B.
    1 generic letter from HR stating dates, no skills
    1 letter from colleague stating title, skills, dates

    Here's the RFE details. The lawyer is not sure what to do. He says we will simply resend the letters. I don't know if that's a good idea. Can anyone please help?

    =====
    Submit evidence the beneficiary obtained the required one year experience in the job offerred, or in software consulting, software development, or a closely related field before December 25, 2004. Evidence of experience must be in the form of letters from current or former employers giving the name, address and the title of the employer and a description of the experience of the beneficiary including specific dates of employment or duties.

    Please note that the petitioners statement of the beneficiarys prior employment is insufficient evidence. A letter of reference must be written by the employer from whom the beneficiary was employed and obtained experience in the job offered prior to December 25, 2004. Such references must be submitted to cover twelve months.
    ====




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  • rvr_jcop
    02-16 03:49 PM
    I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
    Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
    Is there any problem now a days for H1 Transfers ?
    Please give me your valuable suggestions.



    Thanks...

    There are about 90% chances that you will get RFE with the extension.Lets say there are about 50 to 60% cases those are getting approved without any RFE. In either case does this answer helpful to you?

    I guess, NOT. You should make the decision based on your new job/employer. If you have everything in place, and you never been out of status, filed LCA according to the rules in the past, employer played by the rules, both past employer and the future, you should not have any issues with the extension.

    Nobody can say do this or do that. End of the day, its all yours. PLEASE FILL UP your profile.



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  • frostrated
    07-06 03:33 PM
    Using AP does not change one's immigration status. It is just a travel document. You will continue to maintain your H1-B even if you use the AP to re-enter.

    Using AP has no relation to using EAD. I have confirmed this with my attorney as well.

    you might want to check that yourself. From what I know, your status when you enter on AP is no longer valid. Your I-94 that you receive will reflect the status you are allowed into the country. To work in H1B status, you will either need to enter in H1 status, or adjust your status to that of H1B. Dont make a wrong move and start accuring time for working without authorization. work without authorization is grounds for deporting.




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  • hebbar77
    09-10 03:07 PM
    extended review = "we got your money , now dont bother us"
    also means nothing is happening to your case!



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  • logiclife
    03-24 04:55 PM
    Please dont waste time in engaging into a duel with numbersusa, FAIR, immigrationwatchdog, zazona.com or anyone like that.

    As it is, we are short on people who can work with us. I am not against fighting them in principle, but you are fighting an enemy who is not entirely just in our battle but overall immigration battle(legal and illegal).

    We have been trying to separete ourselves from illegals, so if we choose to fight an enemy choose someone who is exclusively against legal employment based immigration. Otherwise you are joining a fight that you do not want to be a part of ie the fight of pro or anti Illegal immigration.

    MY 2 cents. I think you are choosing an enemy that will make us look like sympathizers of illegals and open borders.




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  • zbd
    01-12 08:47 PM
    Probably,all this criterias already matching to your case, right ?

    If you're on H1 on 4 years, have been suffering from not able file 485, and if the legislation says "6 years on H1" or whatever year on 140, how would you feel? Cheerful? Joyful? or Zealous? or Joyless, depressed?

    You're just a selfish guy to cover your asz, right?
    Are you planning to get some benefit from your brother's delayed cases?

    It's time to comply, time to be unite.
    Be simple and support what we have. We don't have that much luxurious to discuss your fantasies even though here is a free platform, yet it's NOT the TIME.

    Thanks for your understanding...
    Zbd



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  • sk8er
    04-14 04:00 AM
    Hi,
    I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.

    So, can you

    1. enter the US on B2 for a job search from June 2011 - September 2011
    2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797
    3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date
    4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011

    and not raise any of the following red flags :

    1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ?

    2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2

    3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ?

    4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ?

    5. Would the consulate cancel my B2 visa after stamping H1-B ?

    Please advise on where I should give gaps in my timeline or would cutting it so close work ?




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  • whereismygclost
    06-17 05:42 PM
    Hi sk.aggarwal,
    How did you calculate that he has to leave the country for four months? I think it should for a year,correct me if I am wrong.Or is your calculation based on based on the assumption that the labor will be approved within 4 months and then he can file for H1 extension? I am in the same boat,could you please clarify?



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  • bluekayal
    10-16 03:56 PM
    Didn't you have one in 2009?




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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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  • lostinbeta
    10-04 01:20 AM
    Hopefully it works....haha :)




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  • WeldonSprings
    01-29 12:40 AM
    Guys,

    I had to open a new thread to get your attention to this. But it seems that the House Stimulus Bill passed this evening contains the 'E-Verify' . Incidently, when Sen. Menendez introduced the Visa Recapture Bill last year, he held the republican's at bay by not passing E-verify in the senate. If, E-verify is passed in the senate, then we will loose an important bargaining chip for visa recapture bill of any kind. Please read the info. below. You can also google e-verify house stimulus bill to get the latest.

    Action step is to strip e-verify from the Senate Stimulus bill. Please see below.
    ACTION: Stimulus Bill Includes E-verify Requirement
    January 23, 2009 � 2 Comments

    The House Appropriations Committee made a serious mistake when it approved an amendment to the stimulus bill (the American Recovery and Reinvestment Act of 2009) that would require all businesses and other public or private �entities� that contract to receive money from the stimulus package to use the flawed federal Basic Pilot/E-Verify program. This will not only delay use of stimulus funds, but will hurt millions of workers. It should be stripped from the bill.

    The E-Verify provision in the stimulus will:
    � Harm workers who are either falsely denied work or are targeted by employers abusing the E-verify program;
    � Create substantial new burdens for businesses, especially small businesses, at precisely the wrong time;
    � Send the wrong signal to new voters that the Congress prefers to play politics by enacting symbolic and ineffective immigration �enforcement� measures over serious and effective economic stimulus or serious immigration reform.

    ACTION NEEDED

    1. Call Speaker Nancy Pelosi (head of Democratic Leadership) at 202-225-0100.

    2. Call Chairman Obey (chair of the House Appropriations committee) at 202-225-3365.

    3. Call Democrats who sit on the appropriations committee if you live in their state.

    4. Tell them:
    � You are extremely disappointed that the E-Verify requirement was included on the Stimulus and you want the provision stripped from the bill.
    � Including E-verify in the stimulus package completely undercuts the purpose of the bill and will only be counterproductive for American business, workers and the economy.
    � Real solutions to our economic problems and immigration reform should be approached seriously and separately.
    � The flawed E-Verify program�s database errors will wrongly workers their jobs.

    FAIR (the Federation for American Immigration Reform) just sent out an alert to its very active network to call committee members in support of this provision. We need to counter their calls.



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  • dealsnet
    12-17 07:29 AM
    From this year, there is a time limit of 6 months to apply the I-140 after the labor is approved. I don't know from which date they started ( I assume july 2007). If it is true, 6 months is approching to file i-140 before your labor from company A going to expire. Act fast.




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  • lsuk
    07-21 07:17 PM
    EAD is usually issued only for one year but USCIS has the option to issue EADs for a longer period of time based on this regulation:

    "DHS on July 30, 2004 published an interim regulation that amends 8 CFR sec. 274a3. USCIS now has authority to issue EADs for periods greater than one year. This regulation recognizes the system is overburdened. However, USCIS has not implemented this reform probably due to the potential revenue loss."

    Source: "Immigration and Nationality Law Handbook 2007 Edition", published by AILA

    This can be done without changing the law. If USCIS is afraid to lose its revenue they can change for 2 or 3 years ahead. I believe this may be a good choice for people whose visa number will not be available for several years. Any comments?




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  • lvinaykumar
    05-21 09:00 AM
    Filed at : Nebraska Service Center

    For Wife
    Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th

    My Wife was on EAD/OPT based on her student visa (and not on H4)

    Was it current for you on March 1st




    immi_enthu
    08-28 11:28 AM
    According to the legal assistant:

    Traditional Labor:

    Incase of substitution the beneficiary has to sign the approved labor. Otherwise it is not required.

    PERM: Requires beneficiary's signature.

    Thanks bond65




    spdy_mn
    06-30 05:22 PM
    Guys and Gals,

    It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......

    I'am staying positive..... Want y'all to do it too....

    All the best....


    Babloo bhai, you are the best. We needed this post. Hang in there guys, god willing everything will turn out to be good.



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