Sunday, June 12, 2011

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  • HRPRO
    02-10 12:46 PM
    I am working as FTE (no client). Our office physically moved to a new address within the same Metro area. There is no change in wage requirement as per flcdatacenter. In fact, flcdatcenter consider this as same division.

    You should be good Krish




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  • blogger
    06-24 10:01 AM
    Hi, I'm a citizen of India got married to an Indian citizen in U.S in 2004 and got the marriage license from a county (It is important to note that a marriage license is valid only in the County in which it is issued). We did not marry under foreign act. Will this be considered as a valid marriage as per Indian marriage act? Please advice.

    We are yet to get married in India. We are planning to apply I-485 with martial �single� independently because we can�t apply as married due to family reasons.

    Will this cause any problem during background check?




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  • Raj_2009
    01-14 07:50 PM
    Dear Experts,

    Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
    I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
    Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
    Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)

    Questions :

    1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.

    2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
    3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).

    4. Pl. let me know which situation I am in(overlap or Gap)?

    Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.

    Thanks and Regards,
    Raj

    Dear Experts,

    Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
    I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
    Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
    Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)

    Questions :

    1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.

    2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
    3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).

    4. Pl. let me know which situation I am in(overlap or Gap)?

    Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.

    Thanks and Regards,
    Raj

    Hi Gurus,

    I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in a senior systems engineer position. This is the typical AC21 case like everyone experienced.

    Now My new company is ready to file green card

    My Questions are ,

    1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?

    2. While filing EB2 for the same job that moved in to the new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?

    3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?

    Kindly answer these questions.

    Thanks,
    Raj

    Hi Gurus,

    I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in the senior systems engineer position. This is the typical AC21 case like everyone experienced.

    Now My new company is ready to file green card

    My Questions are ,

    1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?

    2. While filing EB2 for this new Job in this new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?

    3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?

    Kindly answer these questions.

    Thanks,
    Raj




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  • rockstart
    06-21 06:28 PM
    The business analyst you are mentioning is classified as systems analyst in USCIS code. In this case its prefereable to have computers or electrical degree. A civil engineering degree is little difficult to understand

    Other than a MBA or MS, what else could be a better qualification for Analysts / Business Analysts??? Why shld they question the need for Masters? I was of the opinion that for a Business Analyst type profile, MBA would be apt / required to perform the duties.... your thoughts?



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  • deepimpact
    09-21 11:50 AM
    I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.

    Per the current Labor laws, you cannot use experience gained from same employer in PERM certification unless job changes by 50%. And if the job changes by 50% then it is a new Job and you are replacing a potential American worker. And if you are still doing the same job, then even though you have gained 5 yrs experience, your job requirements did not change(ie B.S + no experience). The EB category is determined based on what is the requirement for your job rather than your qualifiction.

    That is why the provision of porting is a case by case item rather than a blanket rule applying to anyone in EB3 for 5+ years. And the backlash won't be from a few EB2 folks (it will be about a 100K folks).;)




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  • arunmohan
    01-10 12:16 AM
    Have already done that.

    I want to contact Janet specially because I went to school in AZ and in 2002 elections - I was a part of her campaign at the University supporting her.

    Not that I have any proof of it but I had just joined some friends for it - hence I thought would be good to be able to meet up with her.

    I work in Chandler. I am ready to go with you.



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  • gc_chahiye
    08-26 12:59 PM
    This is not correct. you can apply for 1 year extensions if you have applied for 485 and is pending.

    not true. For H1 extension you only need an LC >365 days old, or I-140 approved. Just 485 pending does not matter.

    If your I-140 is approved and your PD is not current, you will get a 3 year extension irrespective of 485 filing or not. This has also been confirmed by the USCIS in its recent FAQs.
    If your LC is >365 days old you get a 1 year extension.




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  • indigo10
    12-03 12:17 PM
    My Roommate had attended the HYD consulate on Dec 1st and he took tons of documents with him

    At the interview the officer asked to show

    Last 1 year paystubs
    Asked if he works for a client and had any middle vendor
    Client letter
    Vendor letter
    Agreements between vendor and employer (Asked if he had but did not ask to show)
    Asked if the employer started GC processing (He is in 7th year of H1)

    He got the stamp successfully.



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  • mrane1
    05-04 11:52 PM
    I was not aware of the 120 days... I filed my wifes EAD day 138 days before expiry (should have been more carefull!)... So what happens now? Rejection? Denial? RFE?
    Also what docs should be send after efiling, if any?




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  • Prashanthi
    03-26 05:46 PM
    The law is very clear in this matter, you can travel while an extension is pending you cannot travel if you have filed for a change of status.
    Travel outside the United States while an extension of stay application is pending with the Service is not considered an abandonment of the application, and, as a result, the extension request may be granted notwithstanding the trip abroad. Keep in mind that the extension applicant may have problems returning to the U.S. if his or her visa has expired. In this cases, he or she will need to obtain a new H-1B nonimmigrant visa abroad before returning to the United States.



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  • texanguy
    05-10 05:56 PM
    Dear friends,

    has anyone applied for an endorsement of new passport information on PIO card with Travisa? How long did it take them to do it?

    Also, does anyone know if they accept walk-in applications? (Houston)...




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  • Mount Soche
    11-27 09:19 AM
    hi, i sent you a private message..
    good luck

    Hello,

    My I485 was filed at TX center. However it was transferred to VSC for data entry and they generated the receipt number.
    Receipt date = 03-Aug-2007
    Notice Date = 12-Oct-2007

    On 20-Oct, VSC then transferred the case back to TSC and generated a transfer notice with date of 20-Oct-2007

    For the AC21/180 day I always thought that the counting would start in my case from 03-Aug. However my company lawyer says that it will start from 20-Oct and I am at a complete loss on this..
    Is it really true.

    This is really urgent since I stand to lose out big time on an excellent job offer.

    What are my options here - Is there any documentation that I can show to him that I am correct (If I am).
    Thanks.



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  • javadeveloper
    05-26 04:57 PM
    What is the logic to deny 485(EB3) if 140(EB2) gets denied?




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  • kiwi
    06-22 09:32 AM
    This is from my attorney:

    All your previous I-20s if you were student here, including all the notes made on the I-20s for any change (travel, course related paid work experience, OPT etc.);
    EAD card copy for OPT if you had any;
    All the visa stamps for reentering the States;
    All H1b approvals;

    I had some I-20s missing but I was able to contact my University International Student office - fortunately that they have everything on file.

    "Proof that person is maintaining valid status in USA since last entry in USA" - not last entry but the first entry. All the doucments are to prove your entry is legal and your stay is as legally approved.



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  • CRAZYMONK
    07-20 02:47 PM
    ofcourse you can renew your H1B using your pending I485 and you should get 3 years extension. There should not be any problem.

    I don't think your revoked I140 will pose any problems as your MTR is accepted.

    Filing your H1b and what documents to be included will be taken care by your attorney.

    I think you should be OK. Any way all the best




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  • Macaca
    02-09 02:19 PM
    Some paras from Complaints Rise Against Immigration Lawyers (http://www.washingtonpost.com/wp-dyn/content/article/2007/01/06/AR2007010601214.html). There was a nearby link that had telephone numbers. I could not find it. I had posted the numbers in a Lawyers thread. I could not find the thread.

    Complaints against immigration lawyers working in and around the nation's capital are rising, say officials who investigate allegations of attorney misconduct.

    Last year, the D.C. Office of Bar Counsel received 59 complaints about immigration lawyers, up from 49 in 2005 -- when, for the first time, immigration law drew more complaints than any other specialized practice area.

    Bolivian immigrants Rene and Fanny Saavedra of Gaithersburg with son Alexis. Rene Saavedra won permanent U.S. residency in 2000, but his wife was mistakenly told by their attorney that she would have to wait for her green card. (By Lucian Perkins -- The Washington Post)

    The bar counsel office is finalizing 2006 totals for other categories, but complaints about immigration law appear likely to rank near the top again.

    Federal sanctions have been rising in recent years. Established in 2000, the bar counsel at the Executive Office for Immigration Review, the Justice Department branch that oversees U.S. immigration courts and the Board of Immigration Appeals, disciplined 47 immigration lawyers last year and 54 the previous year -- up from 22 in 2000.



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  • adde72
    06-30 10:58 AM
    and do it in PM. Someone asked is in a situation due to the attorney. He didn't seek or initiate LS.

    Keep it polite. Moderators, watch and close this thread, if it becomes rowdy here.

    If he can buy a Labor why cant the advise also ..this is a public forum for a cause - Retrogression - not for encouraging subtitution cases .

    Members
    Please dont answer any questions relating to that topic .Kick the guys out




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  • agt
    05-22 12:31 PM
    You will have to file the WH-4 form to DOL. Please do the search in this forum/internet as this has been discussed many many times.

    USCIS is cracking down on employers. Whether you are on project or not. Doesn't matter. Employer has to pay you or lay you off and provide ticket back home.
    Once you file WH-4, ball is in the court of USCIS/DOL/Employer for unpaid wages.

    Thanks for your Reply.
    My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
    can he do like this ?




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  • srikondoji
    07-27 02:20 PM
    The receipts will be generated not by Priority Date but by Physically received date. This was obvious right from beginning, but some questions were raised on this forum.




    langagadu
    07-31 09:34 PM
    Totally confusing story. I am like Ram Gopal Varma (movie director), I don't know the end.
    http://immigrationvoice.org/forum/348927-post14.html

    Your situation may be real situation but the way you are describing is so confusing in the 2 threads.


    Hello All,
    I am here in Australia on a short visit with a recently approved United States Conditional GC.Before my interview for GC in July09,I had already received my visit visa ,Single entry to Australia with restrictions on entry and exit dates..(I couldnot enter Australia after Aug1st and I have to return to US before Oct23'09)/..
    Now ,my concern is if I can travel to India and back to Australia .Does the single entry restrcition still apply for me ..even with a GC?....(at the Sydney airport,the IO stamped on my visit visa' Not valid for Further travel'..does that mean I cannot travel outside Australia and return?..I need to visit India..in Sept.but I am worried how ?


    please advsie..
    thank you
    Tina




    willwin
    08-11 10:36 AM
    Here you go!



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