Saturday, June 11, 2011

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  • Anders �stberg
    April 16th, 2004, 02:42 PM
    I sat waiting for birds that didn't show, and then a 2-inch bubble floats by... bored to bits I took some pictures just before the bubble burst, and it came out cooler than I expected. What do you think?
    -Anders

    (100-400 @ 400mm, 1/320s, f/9, ISO 400)
    http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Bubble_3642.jpg

    (100-400 @ 400mm, 1/400s, f/9, ISO 400)
    http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Bubble_3643.jpg





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  • fide_champ
    04-06 06:30 AM
    Hello all,

    Anyone knows if there is a certain length of time that I need to be employed with my GC sponsor after 485 approval?

    I have heard 3-4 months, but I am wondering if there is legal time limit or if this is a "good faith" limit.

    Appreciate responses.

    The time limit is 6 months. But if 6 months have already elapsed after filing I485, then you are free to go anywhere.





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  • pappu
    12-24 10:44 AM
    If you have a blog, pls post IV related messages, links, Banner ads on your blogs.
    Banners are available at http://immigrationvoice.org/index.php?option=com_content&task=view&id=65&Itemid=36

    Let us also list such blogs on this thread. Here are some blogs:
    (1) http://immigrationvoice.blogspot.com
    (2) http://iv-physicians.blogspot.com
    (3) http://iv-tristate.blogspot.com
    (4) http://dcrally.blogspot.com
    (5) http://www.touchdownusa.org/
    (6) http://skilledimmigrants.blogspot.com/
    (7) http://www.touchdownusa.org/floral/FloralProtest.html
    (8) http://www.tired-immigrant.blogspot.com/





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  • lecter
    February 2nd, 2004, 11:49 PM
    I have no direct knowledge, but I amsure there are those that do. I'd be surprised if it doesn't work, but I know in Canons case there are certainlenses that need some sort of "re-chipping". Before you buy I'd certainly take it into the shop and try it out and check the EXIF info that it produces (most likely place it will fail, or omit data)
    Dunno if that helps.

    Rob

    I am looking forward to this camera hitting the streets, another excellent sub $1,000 camera is sure to put the competition on notice. I love competition (unless I am bidding.. hehe)

    Rob



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  • chanduv23
    12-21 08:01 AM
    What I am saying his employer process pay roll for $5800, he gets in hand after tax deduction.

    You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.

    Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.

    Try to sort it out with the employer. If employer does not explain, you can change employers, gettiing jobs is not difficult these days. If you think employer has cheated you on wages, contact DOL. But if the wage he mentioned on h1b petition and offer letter is what he is paying to you right now, but he orally agreed to pay you what you think he is paying, then he has conned you. Just be smart and move on, as the employer does not have ethics and "tells lies" to consultants on their salaries, he will face problems in future.





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  • harrydr
    09-01 03:02 PM
    I have given you the link. What else do you need. This is ridiculous level of spoonfeeding/babysitting. You don't deserve to get information if you cannot fill a simple form out to request a copy of your I-140.......................



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  • hebron
    04-17 12:15 AM
    Hi Roseball and others, Are you sure about this atatement - "Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension."

    My thought was that 3 year extension based on approved I140 can be applied only if you are with the same employer who filed your labor certification.

    Could you please confirm.

    One of my friends is in the same situation. His 8-th year H1 extension based on aproved labor is expiring in next two months. He has not received his I-140 yet. Now he has received an RFE for his 9-th year H1 and also his I-140. The RFE is big one and is for the employer. Since he has couple of months on his current H1-B What are his options/backup plans (if the RFE response doesn't work)

    1. Would it be possible for a new employer to file his H1 for 9-th year based on approved labor? Since he doesn't have approved I-140, can he still extend his H1 with a new employer?

    2. If the post by Roseball is true, my friend can respond to his I-140 RFE and apply for premium processing and hope that I-140 clears in the next two months and then based on this approval he can get 3 years H1 extension. Could anyone please confirm if this assumption is correct.

    Thanks


    Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....





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  • Apollon
    06-30 12:16 AM
    The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.

    If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.

    My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.

    Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
    1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
    My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
    2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?



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  • tnite
    08-05 10:02 PM
    Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.

    WHEN: Saturday AUGUST 11th

    LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)

    TIME: 1:30 pm

    IF YOU'RE FROM NY/NJ/CT TRISTATE AREA, PLEASE DO JOIN http://groups.yahoo.com/group/immigrationvoiceny/ (http://groups.yahoo.com/group/immigrationvoiceny/)





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  • sujith1
    07-07 06:05 PM
    Yes - 485 can only be applied if ithe dates are current



    Thanks for the valuable information. But we all know the I-485 process take long period of time. Mean time if I marry again, do I have to wait for the priority date to be current in order to Apply I-485 for my new wife?

    thanks
    balan.



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  • LayoffBlog
    01-27 01:32 PM
    Ashland Inc. (NYSE: ASH) said Tuesday it lost $119 million in its first fiscal quarter, and plans to cut its work force by 1,300 jobs, freeze wages and adopt a two-week furlough program.The chemical company blamed the loss in the first quarter on a severance charge, writedown and the acquisition of Hercules Inc. It said [...]http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1256&subd=layoffblog&ref=&feed=1

    More... (http://layoffblog.com/2009/01/27/ashland-posts-1q-loss-plans-1300-job-cuts/)





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  • Desertfox
    06-01 08:39 PM
    Your current salary has nothing to do with your Labor Certification. LC is for a future job offer and you are supposed to get that salary only after your I-485 approval. Hence there is nothing to worry about it.

    As your current salary is per H1 LCA, you are absolutely ok and there is nothing illegal in your nonimmigrant status as well. There might have been issues during your I-485 adjudicatiion if you were not being paid per your H1 LCA, since that is considered as abuse to your nonimmigrant status.



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  • Dhundhun
    11-21 04:12 PM
    #1. Usually duration, designation and salary to be provided by company.

    #2. The role or work related description can be provided by co-worker.

    If RFE is related to #1, and company is closed, then lawyer (or yourself) has to present your case with whatever evidences are there (e.g. company is closed, follow up with ex-management to get certificates, etc).





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  • chanduv23
    12-21 08:01 AM
    What I am saying his employer process pay roll for $5800, he gets in hand after tax deduction.

    You guys should understand one thing if your base salary is $1000/k, company should process $8333/pm on a pay roll then pay roll will decide about tax withholdings. There is no way company can show gimmicks and run pay roll for less. I have been working for the past 8 years, all the time companies divided annual salary by biweekly and deposited rest will be taken care by pay roll processing.

    Bottom line pay slip should show 8333 not even single penny less for 100k it means you are employer is cheating you.

    Try to sort it out with the employer. If employer does not explain, you can change employers, gettiing jobs is not difficult these days. If you think employer has cheated you on wages, contact DOL. But if the wage he mentioned on h1b petition and offer letter is what he is paying to you right now, but he orally agreed to pay you what you think he is paying, then he has conned you. Just be smart and move on, as the employer does not have ethics and "tells lies" to consultants on their salaries, he will face problems in future.



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  • tnite
    09-26 04:05 PM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!

    See my signature for NSC timeline for my I485





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  • Rb_newsletter
    01-07 08:36 PM
    I found this article in imminfo.com. I could not understand the below line in legal sense. Does this line means that delayed registration of birth is not acceptable?


    ImmInfo Newsletter: Required Supporting Documents: Birth Records (http://imminfo.com/News/Newsletter/2010-1/required_supporting_documents_birth_record.html)

    Delayed birth certificates are also not considered as conclusive evidence of birth.



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  • waitin_toolong
    08-14 06:11 AM
    Thanks Jayant,

    I will call USCIS with my receipt number to find out my wife's. I will post what they have to say.

    Regards
    Raj

    if you sent separate checks then the checks cashed will give you a clue and receipt numbers. If a common check then if that was cashed (must have been you got the receipts) then hers would have been accepted as well otherwise all filings would have been rejected.

    You get Receipts for each applicant/application in separate envelops.





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  • dipu76
    06-01 05:53 PM
    I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.





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  • TeddyKoochu
    09-24 01:47 PM
    The green side of the story is, USCIS will try to attract new applications. For this DOS need to move the dates further.
    OR
    Introduce a new process of filing 485 for administrative processing (which is in talks) even before your PD is current as per visa bulletin as soon as 140 approval.

    I see this good for people waiting to file for 485.

    This is an excellent proposal, can't wait for it to happen. Is this news published somewhere?





    chanduv23
    03-29 09:47 PM
    Chanduv,

    I am sorry, but as far as I have known IV, IV has never exclusively or inclusively worked on student OPT/H1, but it is a coincidence that increase in student OPT might be a fallout of some of IV's actions. I dont see any point of asking students to join IV solely on this basis (OPT or H1 increase). Though, having graduated as a student in US, I totally agree to the point of asking students to join stating that GC is the final step in achieving their American Dream, where IV can make considerable impact.

    I think the administrators should particulary keep a close watch on such posts related to OPT/H1 issues. These posts might be incorrectly interpreted and lead to deviatons from IV's cores agenda issues as well as division of resources. Unless, IV administrators are seriously thinking of changing their ideology and are willing to walk this path.

    Nevertheless, I will keep on supporting IV with all my possible efforts. Cheers and Go IV!

    HP

    The idea is to encourage imigrants to get into this process of "self help". A lot of people do not realise the importance of such efforts and thats whythey try to avoid and always find issues and faults.
    Students/OPT are fresh, young and talented and their energies can be channelized in the most effective manner. it is just the process of trying to inculcate the thought of "right approach" for their careers and future.

    IV has been a platfrom for immigrants, IV has been used as a platform for various issues like drivers license and other variety of issues.





    gcnoteasy
    11-23 11:34 PM
    You should write the job duties, salary , 40hrs.week and get it approved by the lawyer and then email to lawyer. Once lawyer approves you should send it to your friend in Canada and he should print I believe he can notarize in Canada and send it back to you or may be he can print in his company letter head. Thank you.



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