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  • mnkaushik
    01-04 08:50 AM
    I dont know if this is possible but how about applying for EB3 using premium processing and once it is approved u have ur prority date set to Apr 2004 and then apply for EB2 I140 and ask for the April 2004 priority date.

    I am not sure if u can do this, looking forward from others to see if this is possible.





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  • goosetavo
    11-13 05:43 PM
    I'm trying to figure out the reasoning behind Mexico's numbers as well. According to the latest cut-off date tables http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

    Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:

    1) Is the slow movement due to so many cases in field offices not yet reported?

    2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?

    3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?

    Theories are welcome.





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  • Dhundhun
    03-14 07:22 PM
    I was offered a ticket to India without me asking them (big american corp). But since I was not going back and found another job within a short time, it was of no use to me. They will usually buy a ticket for you, won't give you money directly.

    If company has brought you from India and terminated the job, as a part of filing H1B obligation, they are supposed to give a ticket to go back - but not cash.





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  • CADude
    07-26 05:39 PM
    TSC did hard work in last 3 weeks of June to exhaust the visa#. Did 9 months of work(66K approval) in just 3 weeks(60K approval)? Now they are in USCIS paid vacation for whole summer for good work. :) They will back on Oct and issue the receipt notice for july filers. now they know their potential :D so have patience. :cool:

    I read somewhere that many or most or some 485 cases will be or have been transferred to TSC from NSC. and according to the july 20 processing time updates, TSC will be complaint by 10/26. doesnt it sound too good that NSC will be compliant so soon ? Again, i am an eternal pessimist....



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  • nosightofgc
    11-02 12:13 PM
    What was the status on USCIS online system when you got an RFE? The reason I am asking is today my status changed to "Document Mailed to the Applicant". Not sure whether this is an approval or RFE. Of course will know in few days.

    Thanks





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  • willwin
    02-17 12:37 PM
    The new PW system seems to be taking about 4-5 weeks, not months.

    Have you or your org. got any PW responses in 4-5 weeks?



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  • kirupa
    10-06 05:33 PM
    No no no - please don't vote for yourself :) That's considered in bad-taste and your entry could get disqualified.





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  • fcres
    06-27 12:05 PM
    His lawyer was right. If he has H1 he can do H1 transfer to another employer and invoke AC21 to continue AOS.

    I see, so that means if i have to invoke AC21 i do H1 transfer. But what if the other company don't want to do H1? Then i guess working on EAD is the only option.



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  • chanduv23
    09-23 10:21 PM
    lol funny to see myself in there..i have a shaky voice lol...eeks..wish i could hide...

    Most appealing :) 16 years..............





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  • waitingforgc
    06-06 08:20 AM
    First of all after applying H1 extension you have a 240 day window when you wont be out of status even if your H1 expired ( as long as the extension is applied when the current was Valid). My H expired on Jan 29th and i applied on Jan 9th and the last 5 months i worked as usual without Visa or I-94 ( but in Status) ...

    Don't worry at all - if by chance anyone reaches near 8 month/240 day finish line which is highly unlikely, pump in extra 1000 bucks and upgrade that to a Premium H and you must hear a decision within 15 days....

    There are tons of options - even if Premium doesn't work still there are 2 more options ( of course within legal boundary )...
    Thanks for the answer.



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  • gccovet
    12-17 01:53 AM
    Thanks all for your replies...perhaps my question is not clear...I would have posted a new thread but was not easily able to figure out how to do so...

    Will try to ask my question again...

    I am not worried about when my FP expires and things on those lines....
    my questions is for jobs that require green card or citizenship... there are some federal jobs out there that require security clearance....and for which they need either green card holders or citizen I beleive...

    Now if one has an EAD (no green card yet, 485 pending for more than 1 year) and has got his/her FP done in FEB 2008 what does that mean...does it mean that once you have your FP done there is some kind of security clearance that you get from FBI ?...can you say you have active security clearance..if so what kind of security clearance is that called ?...as I said when I went for the Biometrics/FP (Code 3) they stamped the notice with the following

    Biometrics Processing Stamp
    ASC Side Code: __________XTE<location>
    Biometrics QA Review by ________ (officer's signature)
    Tenprints QA Reivew (officer's signature)


    Thanks Gurus !!

    SEcurity clearence for jobs are different / separate then immigration stuff. non-imm aliens can get lowest level of security clearance.
    GCCovet





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  • kaisersose
    07-17 10:44 PM
    Today is a great day in IV history!

    We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.

    My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?

    Anyone with experience please help.

    Thanks in advance!

    Same as my case. This is not a problem. You can either send in her vaccine reports when she gets them or else USCIS will issue an RFE and you can send the reports as part of the response.



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  • sertasheep
    04-03 06:01 PM
    Latest issued I-94 card is always in force. Lets say that you went out of the country on whatever visa, and then you entered back. You'll get a I-94 at that time. (Lets call this "X")

    While you were away, its likely that you may have gotten your H1 approval. There are 2 possibilities here. You may get an I-94 stub with your H1 . Lets call this Y1.
    The other possibility is Y2- wherein you get the H1 approval, but there's no accompanying I-94.

    The important point here is when the H1 would be approved. Lets examine the situations under which you need to get a new I-94 by leaving the US and coming back:

    Situation 1) X happens, then you enter the US. Then say Y1 has happened while you were away. I-94 from Y1 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.

    Situation 2) X happens, then you enter the US. Then say Y2 has happened while you were away, or even after you enter the US. I-94 from Y2 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.

    The only situation wherein you don't need to go out of the country is:
    X happens, then you enter the US. After you enter the US, you get your H1 approval with a new I-94 attached.

    Confused? I'm on the west coast. you can call me at <EDIT: Removed tel. number> if you aren't clear. Remember, I'm not a immigration lawyer.

    To keep it simple: avoid going out of the country until you get your H1 approval.

    Someone else asked for lawyer's names. Admin, I'm not sure if it is against policy, but I will mention a name here..you may edit if this is against policy.

    See the following link:
    http://tinyurl.com/h8doe





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  • jvordar
    04-07 07:40 PM
    thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?



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  • Arvin_H1
    08-19 02:33 PM
    If you reappeal I think until the decision comes you are okay. But I'm
    not sure if you can work. Need to check with an attorney.

    If your job description need to match the degree you should be fine.
    Did you submit a credential evaluation? I think if both of the above
    things are okay, you should be through.

    If I were you I will contact an attorney, like Sheela or Rajiv who
    knows what they are doing.

    babu

    Thank you all for your advices.

    As this is my H1 extension, my credential evaluation done with first H1 process itself. and, my I-94 also expired in Sept'07.

    Does anyone know any good attorney that i can contact and take more suggestions on my issue..?





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  • Toxic'
    May 20th, 2005, 08:49 PM
    How'dee...

    I'd like to thankyou each for your reply upfront & foremost...

    I don't have any of the "fuzzball" pic's handy where as I've been deleting them as they come... I'll take some later tonight and post them...

    "Until then..."-- jliechty

    First idea: put the lens to manual focus, and try that on a tripod. Perhaps the focus point got moved, and the camera is attempting to focus on black sky? This test would attempt to eliminate that.



    As I stated originally, the first half'dozen + photo's I took of the moon where over the course of 2 nights... and each of them were taken "handheld", with "full'auto" On. All the other settings were out of the box defaults. And every one of them were "in focus" as they appeared in the viewfinder. 2 weeks later when I attempted somemore moon'shots was when I realized that something was different. "Every" shot from then on of the moon was as I've been discribing. I've attempted more than 2 dozen shots via "Manual focus while on a Tripod, using the Timer". And the results are identical to the current "hand'held" photo's. As for the focus point... I've set the camera to lock in via "single area" bracket selection as discribed on page 67 of the manual. I've even gone as far as to focus in on the moon in "auto" mode and then switched over to "manual" mode, set the timer, and still the same thing...

    Bobby Digital--
    Manual focus and exposure bracketing are what you need to do.

    I've just read into these again and was wondering if these are settings that could have been changed without me knowing? Or perhaps realizing? I'm presently at work and the moon is just coming into view... I'm going to head home in a bit and pickup my camera and try checking & or changing these settings to see if it helps...

    Puncher--

    As an alternative , spotmeter the moon to figure out the exposure and/or use the histogram.


    I'll attempt this aswell...



    I'll post my results after I've attempted these suggestions... "& Thanks again for your time...


    Toxic'...



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  • sledge_hammer
    06-09 05:25 PM
    By "have not run payroll since last 6 months," if you mean you were on "bench", then you are already out of status. You have more important things to worry about than your I-140 denial, like making sure you have a job, and you're getting paid!

    I'm sure you already know, but I'm going to say it again anyway - if you are here on H-1B, then you need to be working, and getting paid for it. There is no such thing as "bench" time.

    You must be working for one of those bodyshops that don't pay you when you're not on a project. If you did not have projects, your employer should have still paid your salary, or terminated your employment. Find out from your employer if he has sent a H-1B cancellation request to USCIS. Finally, get your employer to pay you for the 6 months. If he refuses, then file a complaint with DOL.

    Hi,
    I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
    I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
    Not on project rightnow and have not run payroll since last 6 months.
    My employer is not responding to any of my emails and phone calls since 1 month.

    GC Filed: march 2005 in traditional process (not in PERM) EB3
    Labor approved : june 2006
    I140 filed: Nov 2007 - Denied end of may 2009.

    1) What are my options ?
    2) Can I use my current approved labor to get extension in new company after h1 transfer?
    3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?





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  • ksrk
    06-29 03:36 PM
    Has anybody recently applied for a Schengen Visa, if yes, can you please let me know what you did for the travel insurance. The insurance from my employer (Humana) says they cover international but do not have a letter that states the same and Swedish consulate website says the letter should specifically say "International Coverage".

    What are my options. Can you guys suggest where I can buy the insurance from.

    I used TravelGuard. It was perfectly suited for the Schengen visa application. It cost ~$30 for the coverage amount the visa requires. There might be others, but this worked really well for me.





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  • Macaca
    04-22 09:07 AM
    Passing On H-1b Costs to the Employee? (http://www.hammondlawfirm.com/FeesArticle07.18.2006.pdf) -- Smart Business Practice or DOL Violation?, by Michael F. Hammond and Damaris Del Valle

    After all the costs associated with an H-1B petition are totaled, the sum can be alarming. In order to offset this cost, some employers ask that the beneficiary, the employee who is being hired, reimburse the company in whole or in part. Which costs may and may not be paid by the beneficiary can be a tricky matter. What follows is an analysis of H-1B costs and who may pay what.

    All deductions from an H-1B worker’s pay fall into three categories: authorized, unauthorized, or prohibited. Authorized deductions can be taken without worry of whether or not such a deduction will lower the employee’s rate of pay below the required wage rate. Unauthorized deductions, counter to what the term may connote, can be taken from an employee’s wage but are considered non-payment and are only allowed if the beneficiary’s wage rate, after the deduction(s), is greater than the required amount listed on the Labor Condition Application (LCA). Unauthorized deductions cannot push the employee’s wage below either the prevailing wage rate or the actual wage rate, i.e. salaries of those similarly employed and qualified at the work site. Prohibited deductions may not be taken from the employee’s pay regardless of the effect they would have on the required wage rate.

    The most straightforward of the deductions is the prohibited deduction. The Training Fee associated with the H-1B petition is the only prohibited deduction associated with the cost of filing an H-1B petition. Rajan v. International Business Solutions, Ltd. and the language in the relevant regulation make it very clear that the Training Fee is to be paid by the employer or a third party; it is not to be reimbursed in part or whole by the employee. This fee must be completely shouldered by the employer or a party who is not the employee.

    Deductions are considered by the Department of Labor (DOL) to be authorized if:

    The deduction is reported as such on the employer’s payroll records,
    The employee has voluntarily agreed to the deduction and such agreement is documented in writing (a job offer which carries a deduction as a condition of employment does not meet this requirement),
    The deduction is for a matter that is principally for the benefit of the employee,
    The deduction is not a recoupment of the employer’s business expenses,
    The amount deducted does not exceed the fair market value or the actual cost (whichever is lower) of the matter covered, and
    The amount deducted is not more than 25% of the employee’s disposable earning.

    An Education Evaluation arguably qualifies as an authorized deduction. Similar to a translation fee, which is payable by the employee, the employee is benefiting from the evaluation and will be able to use it in the future in his/her private capacity if s/he so wishes. Of course, if the employee is paying for the evaluation, then s/he must be able to acquire a copy of the evaluation so that the future benefit upon which his/her payment is presumed is a real possibility.

    Attorney’s fees associated with obtaining H-4 status for family members accompanying the Beneficiary may qualify as authorized deductions since the Beneficiary is the party who primarily benefits from such fees. In addition, attorney fees associated with visa issuance, assuming that international travel is not a requirement for the position, could be properly considered as authorized deductions. In order to properly deduct the attorney fees associated with these processes, it is important that the attorney break down the specifics of how much is being charged for each element of the H-1B process- this will allow the employer to deduct those fees associated with the retention of the visas for the accompanying family members without concerning itself with the deduction requirements necessary for unauthorized deductions.

    The circumstances surrounding the Premium Processing Fee determine if deduction of the fee is to qualify as authorized or unauthorized. While the speedy decision that the Premium Processing Fee guarantees often benefits both the employer and the employee, it is important to take notice of which party requests and benefits most from premium processing. If the employee has decided to utilize premium processing for his/her own personal benefit, then the employer may be reimbursed by the employee in accordance with the requirements established by the DOL for authorized deductions. If the employer is the party desiring premium process and who will benefit from such processing, then any deductions from the employee’s pay are unauthorized and, as such Deduction of attorney’s fees associated with the filing of the LCA or H-1B and the Base Fee (or I-129 Fee) are considered to be unauthorized. These fees are considered to be the employer’s business expenses and, for this reason, are not authorized deductions. These fees may be deducted from the employee’s pay so long as they do not drop the rate of pay below the required wage rate.

    It is not clear whether or not the Fraud Fee which was implemented in March 2005 is unauthorized or prohibited. The language of the act regarding the Fraud Fee states that “the Secretary of Homeland Security shall impose a fraud prevention and detection fee on an employer filing a petition.”10 Almost identical language is used in the Act to refer to the Training Fee.11 Such similarity could be read to mean that the restrictions of the Training Fee also apply to the Fraud Fee. However, 20 C.F.R. 655 is explicit in saying that the employee cannot pay the Training Fee; no such statement is made regarding the Fraud Fee. The regulation regarding the Training Fee, 20 C.F.R. 655, predates the creation of the Fraud Fee, which may explain this discrepancy. Nonetheless, the language referring to the Fraud Fee is not explicitly prohibitive and an employer may decide to be reimbursed by the employee. If an employer chooses to do so, any deductions from the employee’s salary to pay for this fee must meet the DOL requirements for unauthorized deductions. 12

    Before any payments are made by the employee or deductions are taken from his/her pay to reimburse the employer, it must be determined if such deduction is permitted and if so, whether or not it is authorized or unauthorized. Once these preliminary determinations are made, appropriate steps must be taken to ensure that the DOL’s requirements are met. As a practical matter, there are very few circumstances in which the prospective employee could legally be made to pay for the costs associated with the H-1b process without an employer risking non-compliance and causing significant record keeping.





    sircaustic
    07-21 10:48 PM
    Need some help here answering a question in form I-539 Part 4, Section 3, Item a, b and c as follows:

    Answer the following questions. If you answer "Yes" to any question, describe the circumstances in detail and explain on a separate sheet of paper.

    Are you, or any other person included on the application, an applicant for an immigrant visa?
    Has an immigrant petition ever been filed for you or for any other person included in this application?
    Has Form I-485, Application to Register Permanent Residence or Adjust Status, ever been filed by you or by any person included in this application?


    I am confused regarding the answers and would really appreciate any help answering them. Please review below staus for family and I and advise. Your reasons supporting the answer would be extremely helpful and much appreciated.



    Here's my status:
    -Working in US since 2004 on a H1B so this is my 7th year extension.
    -This would be the second instance of filing the extension working with the same company -I switched my H1B to back in 2006.
    -I-140 was filed in March 2007 and approved in October the same year.
    -I-485 for family and I was filed in July/August wave in 2007.
    -LCA was filed last week and H1B renewal and extension of stay petition is expected to be filed next week. I have only 2 1/2 months remaining. Should that be a worry?

    I had been using an attorney for all my previous filings for any kind of case but don't want to go back to him any more because of the quality of service, or lack thereof, I have been receiving from him lately. Not to mention the fee he has quoted is 50% more than last time. Even my office finds the amount to be very outrageous therefore they have decided to help me out and file the case themselves.





    up_guy
    08-10 11:13 PM
    I am looking for recommendations from fellow forum members to choose a right service for my education evaluation. I need to get my Indian engineering degree evaluated (course by course) for an application in MBA school. I know about WES, but they are asking attested copies from university and registrar..
    I thought some one might know some agency that can give evaluation based on original or copies without having to go through in India.
    Appreciate feedback..



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