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  • gckalafda
    03-10 10:13 AM
    Hi All,
    I just wanted to share my RFE regarding the "Experience Lettters"

    I got an RFE "Evidence of experience must be in the form of letter(s) from current or former employer(s) giving the name, address, and title of the employer and a description of the experience of the alien, including specific dates of the employment and specific duties."

    The desi company that I worked for in US doesn't exist anymore. I got a affidavit from one of my ex-colleagues who is currently working for a company in INDIA.

    And it worked for me. My attorney sent the documents to USCIS on 3/3 and we got an Approval Notice on 3/7.
    First let me Congratts!

    I have also similar situation where I send my 2 ex-coleague letter(2002), one is notarized and another without notarized for one of the company and other company I have got exp letter with latest date. So I keep my fingure crossed for what ever outcome from USCIS.

    probably they may get today or tommarrow and will see the result.

    By the way which centre you query was? I have got RFE from Nebraska and case transffered to Texas .

    My lawyer sending answer to both centres..





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  • gcisadawg
    12-17 11:25 AM
    I traveled via Lufthansa last month ( EWR-FRA-MAA) and had approved H1B petition on hand ( to show that I'm legally working without any gaps) and on returning I showed AP.

    If you look at German consulate site, they have mentioned that if an Indian citizen residing in US is traveling to India, then he just need to have proof of continuous legal stay in US.

    If an Indian citizen living in US is travelling to say, Australia, then he needs to have German transit visa in addition to Australian Visa.

    While returning, it is either AP or valid stamp on passport.





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  • peacocklover
    07-10 03:20 PM
    Hello,

    I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?

    I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again. though i can work until the petition is pending.

    I'd really appreciate any advise...

    Thanks
    Raj

    It's good question and I'm also curious to know the answer from experienced immigration attorneys in this forum.

    Thanks in advance.





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  • kiwi
    11-07 10:18 AM
    Hello you all,

    I guess I am the victim of bad attorney - I didn't do enough of my homework. Here my PD Jan 2003 labor just got approved. Fired my labor attorney who I couldn't never get hold of. In the process of preparing I140, my current attorney found the my company has been at loss in the past 3 years so doesn't look good for I-140 approval. His recommendation is to renew H1b then file PERM next year with a different employer. As depressing as it could be - I have to move forward.

    I am in Michigan and intended to move to bay area. My job is IT senoir development/IT project management for 8 years. This time I would like to do some homework: before I start to look for a new job in bay area, does anyone know what is the approx. prevailing wage for EB2?

    Can someone give me some infomation on this or where I could find it?
    Thanks.
    K.



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  • shivarajan
    02-15 02:12 PM
    1. In case of foreign currency payment, u can always walk to airline's kiosk in nearest airport and make a payment using any CC in USD.

    2. Different travel sites have quota from airlines and they show different route/sector for different $$, so no one is best at all times!

    2. Use aggregation search site like http://www.mobissimo.com to find best deals!





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  • validIV
    03-25 01:09 PM
    Iam actually not out of status...i will be instatus for 2 more months ....

    If my dream of concurrent in 2009...i will be glad to apply 485.

    Thanks


    You are H-1 and unemployed for 4 weeks? How are you in status?



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  • Blog Feeds
    05-05 06:50 AM
    As leaders in NAFTA visa processing we like to update our readers on different visa categories and updates. This article is provided by our TN Visa Lawyer, Attorney Andrew Desposito.

    For many who come to the U.S. seeking work, there are only so many visas through which they may legally work. It is because of this issue that U.S. lawmakers have been strict on immigration enforcement of illegal immigrants trying to work in the U.S., in particular those coming from Mexico.

    For Mexicans and Canadians, the nonimmigrant NAFTA professional (TN) visa allows citizens of Mexico and Canada, as NAFTA professionals, to work in the U.S. in a prearranged business activity for a U.S. or foreign employer.

    So what does this mean for you?

    What this means is that if you are a person that works in a certain field, and have the education that corresponds with that field, you may be able to apply for the TN visa. Unlike the H-1B and its cap on how many visas are granted each year, or the J-1 and H-3 visas and their limited durations, the TN visa may be granted for up to three years and can continually be renewed toward the end of its duration. There are certain requirements of eligibility for the TN visa.

    With some exceptions, each profession under the TN visa requires at least a baccalaureate degree as an entry-level requirement. If a baccalaureate degree is required, no work experience may be used to substitute it. In some professions, an alternative criterion to a bachelor�s degree is listed. For some professions, experience or licensing is required in addition to the degree. It is therefore crucial to know what field you may qualify under before seeking this visa.

    Once you have determined that a TN visa is available to you, the next step is to find a U.S. employer willing to hire you in the job category related to your experience. During this time of economic growth, many companies are capable of hiring individuals from Mexico and Canada to fill those positions in the U.S. at very little cost. The visa itself is inexpensive to apply for at the U.S. Consulate or the Port of Entry. This makes it a far more attractive option to U.S. employers instead of the H-1B or L-1A visa and its many filing fees that come with it.

    With an employer willing to sponsor you for the TN visa, all that remains is preparing for your TN visa.

    Preparing a perfect TN Application

    There are many little parts that go into putting together a successful TN visa package. There should be no question in the mind of the immigration officer at the Port of Entry or the U.S. Embassy that you, the employee, meet the position requirements as listed under appendix 1603.D.1 of the TN visa, and that the company is an established business that has the need for your position.

    The immigration officer will ask questions regarding the nature of the business, the position you will be employed in, what your position entails for the company, and may even ask for examples of work that relate directly to the position being applied for.

    The Technical Publications Writer is a TN visa category that many individuals can be qualified to work. The position requires a Baccalaureate or Licenciatura Degree or Post Secondary Diploma or Post Secondary Certificate, and three years experience. The degree requirement is very broad in that all it takes is a degree or diploma in a related field to the company that the position is held. For instance, there was a case where the Technical Publications Writer was to assist a new media company in the design of its materials for publication on its websites, revise product instruction, and review and research social media publications. A degree in English was the related degree necessary to fulfill the duties of her position.


    When trying to figure out if one has the three years experience as a Technical Publications Writer, the occupational outlook handbook provides guidance on whether one can hold such a position. A Technical Publications Writer helps a company by reviewing published materials, recommending revisions or changes, arranging typing, duplication, or distribution of materials, as well as editing, standardizing, or making changes to materials prepared by other writers.

    The Technical Publications Writer may also complete specific writing projects for the company. Looking at a person�s prior work experience, it is not usually difficult to see that many duties one performed were similar to what is required of a Technical Publications Writer.

    Although work experience and degree are the requirements to holding the position, as outlined in the Appendix, a person should be able to bring other work that has been done to show they can produce something that is published. What this means is that an immigration officer at the embassy or the port of entry may feel the person does not fit the job description because they have not published something.

    Although there is nothing in the requirements for that position requiring a published material, it is good to be able to show one�s prior work has been published in some capacity. This is good for when a person applying for the visa gets an officer who does not understand that the word publications in the TN profession does not mean a person must be published to hold the position. A recent client went through this similar situation where they were not convinced the person should be a Technical Publications Writer because they did not have any published material.

    As attorneys who have worked on many TN visas, we know what immigration officers are looking for in their interview with TN professionals. We understand that many of them need to see for themselves how your position and your background meet the requirements of the TN position. We have helped people get TN visas as Engineers, Lawyers, Management Consultants, Technical Publications Writers, and Economists. No matter your personal background, being a professional under a TN visa is as simple as finding out what position fits you best.

    Although some positions do have specific degree requirements, such as a lawyer, other positions require a degree in a related field, such as for the Technical Publications Writer. With an attorney that understands little nuances like this, it is possible to get your TN visa wihttp://www.h1b.biz/lawyer-attorney-1137117.htmlthout the wait through the USCIS process for other work visas.




    More... (http://www.visalawyerblog.com/2011/04/tn_visa_attorney_the_technical.html)





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  • eb3India
    04-26 06:12 PM
    Many senators particularly republicans did know that last Year CIR has no chance of getting thru the house, since it was election year they tested water and did a favourable thing mainly to gain latino's vote, However this year is different, Democrats controles house and senate, none of the republicans want to give credit of passing CIR to democrates, McCain backed off as he was running for President and siding on Iraq war is good enough for him to defend popularity contest.

    This year entirly depends on Bush administration backdoor negotiation, if he was able to get 70 Republicans there is good chance Nancy Pelocy will table the bill for debate, otherwise we have no chance in hell



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  • dummgelauft
    04-30 08:50 AM
    I had said this all along. Nothing is going to happen. Not now, not ever, atleast for a long long time.
    Happy Friday. Those who are disappointed, it comes at an appropriate time of the week to drink Daroo to forget the disaapointment..





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  • dealsnet
    10-22 09:18 AM
    Now I have seen many people filed on June 2007 get GC approvals. Now onwards their number is keep on increasing. Please put your details on this thread to see the trend. I think all Jun 2007 filers will get GC for the 2008 quota. Provided their I-140 is approved and NC is cleared.
    My details
    EB2 India
    PD-2004 JAN 11
    I-140 Aug 2nd 2007 approved
    RD June 22nd
    FP Aug 21 2007
    AP & EAD approved

    NSC



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  • Sandeep
    03-08 07:28 AM
    Pl. find here some more stuff about DOL/BEC and PERM.

    http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html


    I believe this is an older version of the report I was talking about as it says "Assessment Year2004"
    The question is why is DOL projecting that it is doing a great job? There are serious flaws everywhere and there are thousands who will testify to that. They do not know how much money to ask from the Congress and they do not know if they can even meet the deadlines they have set. Also look at the way the goals have changed
    Page 212
    "The goal to reduce processing time to six months for 90% of applications, though ambitious relative to current 32- month processing, may not be either sufficiently tailored or ambitious for the new automated review process, if program reforms go as planned, and processing rates are as high as envisioned."
    "ETA Congressional Justification submitted with the President's Budget for FY 2005: (1) Reduce average processing time such that 90% of new applications are processed within six months of filing (target ambitious relative to current processing time of 32 months; target remains same in future years; contingent on implementation of reforms). (2) In 2004, reduce backlog of permanent applications by 36. 5% from 270,000, and in 2005, by 42% from 171, 450 (revised goal: elimination of backlog by end of 2006). (3) Goal for 2003 was to "assist employers in meeting their workforce needs by providing them with expeditious determinations on their applications to hire foreign workers under the [permanent, H- 1B, and H- 2B programs]". (4)Goal for 2001 and 2002 had been to "promptly review employer applications for foreign labor certification". Goals tie to program's mission and DOL's Strategic Goal 4, A Competitive Workforce. Numerical targets for processing will almost certainly need adjustment upon implementation of the new,automated system and centralized processing."





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  • chaki
    02-13 12:23 AM
    Thanks for your responses. Can you answer one more question ?
    If my current Eb3 labor and its associated I-140 is cleared can I accept the promotion and refile under Eb2 retaining my priority date.

    Chaki



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  • carbon
    09-12 01:14 PM
    Hi Guys,

    I am from India. Can I go to US Embassy in Canada for H1 stamping ?
    How to do that. Please someone enlighten me.. last time I heared you
    have to go back to your country of origin for H1 stamping. am I wrong.

    thanks





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  • rheoretro
    09-18 03:06 PM
    Folks,

    What does that link have to do with research scientists and professors?

    RR



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  • bertasek
    11-18 08:32 PM
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  • add78
    03-20 10:01 AM
    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing somthing here.

    Frankly, I am surprised to see such a question from someone with so many posts.
    If you read the OP and desi3933 responses, the OP is currently NOT in H1B status.
    Since there is no such thing as H1 "transfer", a new H1B petition is needed, if one is inside the country AND currently maintaining H1B status while the new H1B is requested, USCIS can issue the new H1B WITH a new I-94 (i.e. new I-797 with I-94 at the bottom). In that case, next time if the person goes out, while coming back can use this new I-797 with I-94 along with a previously unexpired visa stamp. Since OP is currently NOT in H1B status, USCIS will NOT issue new H1B (I-797) with I-94 and therefore, as the old visa stamp is now invalid (no longer working for older employer and no longer in H1B), the OP MUST apply at the consulate for new H1B stamp which will enable his/her entry and upon entry will get a new I-94 (white card).



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  • quizzer
    01-08 01:32 PM
    Its simple,,fill in form 10c and and form 19 and send it to HR. They should even help you get it direct deposit in to your local account in India. I got mine....it was pain-less. This was not with tcs,,,another company...

    My case is not simple but i did not quit in usa either..i resigned without doing the notice period in india sometime back.

    So is it possible to file 10C and 19 directly with the PF office and get the money without involving TCS?

    Your ideas are highly appreciated.





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  • meridiani.planum
    12-05 02:16 PM
    Noticed this article today. Thought some of us would love to roll your eyes over it.

    http://infotech.indiatimes.com/News/H1-B_visas_A_booster_coming/articleshow/3791756.cms



    :):):)

    with the job loss report announced this morning (over 500k lost last month, and 1.9million lost overall) its unlikely this will come through. Too hot button an issue. Even if teh quota is increased, like in 2002/2003 its unlikely it will be filled.





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  • sweet_jungle
    12-12 01:31 AM
    It's good to know.

    Well, i doubt having passport at FP would have helped. If in infopass they were not able to correct, how could they do it at FP ASC?
    Anyways, having docs helps. I was initially debating whether to take birth certificate at infopass and it turned out it was very much needed.





    willigetgc?
    08-04 08:31 AM
    I would think writing back to the Senator's office regarding your email and the unrelated response you got from the office has frustrated you, as the Senators does not seem to understand the problems, and therefore you are asking for an appointment to meet with the senator and explaining it personally.

    You may not get the appointment to meet with the Senator, but you will let them know how badly they are screwing up constituents complaints. By following up and actually meeting with an immigration staff members in the Senator's office will be good.





    smartboy75
    07-09 04:43 PM
    Well the lawyer representing the new company believes that without a copy of 140
    1. that, they cannot do a H1B transfer.
    2. that, I cannot do EAD extension when it expires in October 2008.
    Why r u doing an h1 transfer ??? why can't u invoke AC21.....??



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