Saturday, June 11, 2011

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  • cygent
    11-26 08:15 PM
    Thanks Everyone,

    To the person who gave me red with the comment "post the valid reason." That was not necessary, you could have just sent me a message.

    Anyhow, the reason is that the company I trusted & toiled for past 8 years is down the tubes, after having faced years of lies, deceit & false promises. I know it's all my fault for being so trusting, so now I am trying to forget that pain & treatment & just progress moving forward.

    So from what I gather, I can apply for a H1-B now, but it will be only for 1 year? I want to do a "new" H1 instead of a "transfer", since the company finances are a BIG ZERO or -VE, so I have no paystubs to show. And then eventually I want to file new GC with this new company.





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  • Administrator2
    05-08 09:30 PM
    http://www.irs.gov/newsroom/article/0,,id=179211,00.html

    Read this line

    Not eligible at the current time? If you're not eligible this year but you become eligible next year, you can claim the economic stimulus payment next year on your 2008 tax return.

    I posted this earlier, Admin has deleted my post.


    hiya

    And what about immigrants who have paid taxes for many years but may not be able to get SSN by the end of 2008. That's the whole point. The issue is with the way eligibility for stimulus package is defined.

    If you qualify for stimulus check, it doesn't mean that there is no issue. Hope you understand.





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  • alterego
    05-28 09:49 AM
    As a quadruple renewer, let me share with you that the date on the EAD is from the point at which it is approved. You lose some time each year. Between myself and my wife we have had 8 and it has been the same each time.





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  • wanna_immigrate
    04-22 09:23 AM
    Democrats Revive Immigration Push - WSJ.com (http://online.wsj.com/article/SB10001424052748703404004575198601410995496.html?m od=WSJ_hps_sections_news)



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  • hopefulgc
    10-09 06:45 PM
    please post your wedding pictures... if y'all tie the knot :D:D:D




    Marry me...i like funny people......

    /thread





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  • dwhuser
    06-15 04:43 PM
    yes, he is working for a desi company so he doesnot get paid when he's on bench. His last payroll ran on January 2009.
    Thanks for the replies, we didn't know that the Immigration officer at the Port of entry can ask for a Paystub or a W2.



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  • WaitingUnlimited
    09-21 02:31 AM
    I am not an attorney but I was in almost similar situation.

    1) You may get the priority date if you have the I140 copy. Some people say that even if you have lean no of I140 may be sufficient. As per law, priority date can be ported only if I140 is not canceled. But I read one article from an attorney which said that there is a circular in USCIS which advised officers to port the priority date if there is a I140 copy attached to I140 petition.

    2) You can extend your H1 beyond 6th year if your GC labor PERM stage is pending atleast 365 days prior to your 6th year ending. You will get one year extension if PERM is pending and 3 years extension if I140 is approved

    3) I think this is tricky, you can transfer only if new employer has filed for PERM and got an approval. I am not fully sure about it.





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  • kum25
    09-17 01:23 AM
    I am working with Company B on H-1b. My GC labor, I-140, I-485 and EAD is filed by Company A. Now, I am close to getting EAD in few weeks. Few say that once EAD is approved, then I have start working for Company A immediately. Others say that GC and EAD is for future employment with Company A and hence, I should start working for Company A only after GC is approved.

    So, I have two questions and need advice.

    1. When should I start working for Company A, upon approval of EAD or approval of GC.
    Ideally, I would like to start working for Company A upon approval of GC.

    2. Even, if I want to transfer EAD to Company B, the job title differs as the job title on GC is more junior than the current role.

    Please let me know if anyone has similar situation and need what the reality is when EAD is approved.

    Thanks.
    Kum25



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  • SertTurk
    07-19 01:59 PM
    Ok , just got off the phone with my lawyer.He says we can not file a I485 because the priority date is not current. EB3 is showing 01OCT01 and we can only file that form when the bulletin is showing April2002. He says we are not eligible for that...And then he said "if the date was current, you would be in Turkey for consular processing and will not need file"





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  • geesee_99
    12-14 11:36 AM
    Thanks for reply CPUwiz.



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  • a_yaja
    03-07 09:43 AM
    You require a new H1B stamp in your passport. If you look at your existing H1B stamp - it will have the name of your company (it is not clear from your post if this is Company A or Comapny B). Once you quit the company and leave this country, you need to have new stamp. In your case, you must have H1B stamp from Company C when you enter after you leave the country (unless you are visiting Mexico or Canada - in which case you can use automatic revalidation rule - provided you are out of the country for less than 30 days).

    I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.





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  • gcformeornot
    06-07 11:44 PM
    I had sent my 485 app to Nebraska. However, the receipt number starts with WAC.

    Should I send the EAD renewal to NSC or CSC??

    Please let me know.

    RN starting from WAC. But I filled EAD in NSC. Also have RN for EAD. It does not matter. You have to file EAD based on state you live. Because of July fiasco they had sent 485 cases everywhere so those RNs are from all over.
    But for EAD it does not matter where 485 was filed only thing that matters in where you live.



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  • AK01
    02-13 12:38 AM
    No, experience from current company does not count.


    That is not true. It CAN count... according to PERM guidelines (from murthy.com):

    "On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."

    So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.

    Also see this:

    http://www.simmonsungar.com/rirchecklist.html

    "Experience Gained on the Job

    PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�

    Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."





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  • feedfront
    10-07 06:22 PM
    Can admin keep PDF version of it before it disappears from the site? I don't know how much usefult it can be but just in case...

    Sad part is, it can not be verified.



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  • ohguy
    02-18 06:53 AM
    I did not get any update like that. Should I call them up and find out the status? I received a letter to my home from Nsc just stating that my case has been transferred to Tsc.





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  • Gravitation
    08-02 09:33 AM
    Congress has gone into unscheduled recess till Sept 8th. Then it'll be too close to elections. Once new congress is seated, all bills introduced before then will not have any standing. So, let's be realistic and not get too excited.



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  • hemanth22
    07-06 06:44 AM
    add72 is correct, the indian economy is not dependent on the IT outsourcing business any more.
    If you research more you will find that Tata steel is currently one of the largest steel makers in the world after acquiring corus.
    Infosys might aquire capgemini/ernst and young soon making it to compete directly with IBM and EDS for high level consulting business
    Chrysler might be sold to tata motors
    etc etc
    Earlier goverment policy was inhibiting indian businesses in india as well as globally
    Now the policy is changing and indian business are thriving both at home and internationally.
    They are looking to hire the top talent paying top money.

    Thats why its in the indian govt's interest that the GC / immigration process is skewed up here :) so that its best people come back and paricipate in the economy back home

    http://www.flight-capital.com/flight_school.html





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  • days_go_by
    08-19 11:22 AM
    What impact does premium processing have on your application, if your file is stuck in Dallas BEC for over 3 1/2 years? Does this mean the application will be processed faster now?! Or is this only for new applicants?:(
    -----
    140 premium has nothing to do with BEC labor processing. Labor processing will not speed up because of this. THis is a very calcualted move by USCIS, they are trying to speed up processing of EB3 140, but it helps noone, not Indians, Chinese or even Rest of the world.
    In fact this migh even hurt us a little more if they stop concurrent processing.





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  • nchendica
    06-24 06:53 PM
    I am also on the same boat. Did you get answer for your question? i.e. linking your old 485 to new I-140?


    Thanks,
    Naga

    Hi,

    My company gave ma a substitution labor and it is having a problem in term of degree.
    My I-485 is also pending based on that I-140.

    1. Is it possible to apply new labor and I-140 in premium processing and use that new I-140 for previously applied I-485?

    2. In substitution labor that person was having 4 years of Bachelor degree and I have 3 years of bachelor degree, lawyer said there is a chance for get approval for I-140 based on substitution labor.


    Please advice.

    Raj Soni





    MrDesi
    02-07 06:04 PM
    Mr Desi - Here is my take on this. Most 485 questions will come up at the time of applying Visa stamp. The consulates dont like the fact that you filed 485.

    However, since you have done it legally (like everyone else), my take is that, canadian consulates are more likely to NOT make an issue out of it, unlike Indian consulates. However as always an element of risk is there. Indian consulates are very high risk when you have filed 485.

    In case of port of entry, I recently entered US on H1 visa despite having 485 and AP. My wife used her AP at the same time of entry together with me. The officer asked me, "why dont you also use your AP?" I said, I have AP, but I want to use H1 visa if possible. And he said, ok, no problem, its your wish.

    So again, depends on the officer you bump into. Both me an my wife had no issue at POE.
    However, Mumbai consulate issued her 221(g) for some inexplicable reason.

    Thanks a Lot kshitijnt.





    krishnam70
    08-02 07:26 AM
    Tell me what I am doing wrong here:
    1) https://egov.uscis.gov/cris/jsps/login.jsp
    Clicked the link - Forgot Your User ID or Password ?
    2) https://egov.uscis.gov/cris/lostCredentials.do?lostCredentials=true
    Entered my userid and email address and Clicked Submit.
    3) https://egov.uscis.gov/cris/authenticateUser.do
    Here it asked me to enter "Your Question on File is:" and "Your Answer on File is:"
    I do not remember this.

    If you do not remember the secret question or answer then you have no choice, its probably much easier to use a new id + new email address. Next time, shoot yourself an email with the userid/password/secret question + answer for your record just in case you forget.

    -cheers



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