воскресенье, 3 июля 2011 г.

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  • maheshf
    03-19 11:45 PM
    Gurus Here is my situation:

    1) I am in my 4th year of H1-B still valid
    2) My 1-140 is pending (Concurrently filed in July 2007) so more than > 180 days
    3) Have approved EAD and AP
    4) My Current company was a joint version between company A-B . differnt name X
    5) Today they decide to split and My job will move to company A by end of this month. Work won�t change..will keep doing what have been doing But now employee of comany A not X

    What are my options? I am worried about my GC process..will I loose everything and have to restart the process since I can not evoke my AC21 ..since it�s not approved yet.

    Please Advise

    -Mahesh




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  • whattodo21
    04-19 10:50 AM
    this is good information, thank you.

    Lately, US Consular Officers in Canada have been reluctant to issue H-1B visas when the applicant does not have a US or Canadian University Degree AND has never had an H-1B visa issued at his/her home Consulate. The following is an excerpt from Visa Requirements � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability:)

    "Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."

    As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.




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  • TexDBoy
    09-11 10:30 PM
    I think if the current H1B is expired, he has to apply transfer from India to a different company and go for VISA again ....

    http://www.murthy.com/news/n_h1bcan.html

    What Happens to my H1B if I am Abroad?
    �MurthyDotCom
    Questions arise on the topic of traveling abroad, or come from those who are outside the United States. An individual might have had an H1B filed by an employer, but for one reason or another, never entered the U.S. or worked for the employer. One might have been in the U.S. as an H1B employee at some point, but then left the U.S. to live abroad. People such as these ask about getting their H1Bs transferred from companies where they either never worked or are no longer working. Since there is no transfer, there is no concern about this issue. If one is abroad, the new company must file a new H1B petition. There is no pay stub problem in connection with the petition for a person living abroad, since there is no possibility of an extension of H1B status when the individual is not in the United States. (Lack of proper pay records may be an issue at the consulate in connection with an H1B visa application for one who was in the U.S. as an H1B employee, but was not being paid the required prevailing wage.) The H1B employee would need a new visa, if the earlier H1B visa stamp had expired.




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  • kufloyd
    04-02 01:49 PM
    I see...so my 485 will be processed - it just won't be approved until the PD becomes current again?



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  • sumanitha
    04-05 09:55 PM
    I read this article in Morningstar and felt bad!

    More Americans Give Up Citizenship As IRS Gets Aggressive Overseas (http://news.morningstar.com/newsnet/ViewNews.aspx?article=/DJ/201004050814DOWJONESDJONLINE000053_univ.xml)

    The number of American citizens and green-card holders severing their ties with the U.S. soared in the latter part of 2009, amid looming U.S. tax increases and a more aggressive posture by the Internal Revenue Service towards Americans living overseas.

    According to public records, just over 500 people worldwide renounced U.S. citizenship or permanent residency in the fourth quarter of 2009, the most recent period for which data are available. That is more people than have cut ties with the U.S. during all of 2007, and more than double the total expatriations in 2008.

    An Ohio-born entrepreneur, now based in Switzerland, told Dow Jones he is considering turning in his U.S. passport. Mounting U.S. tax and reporting requirements are making potential business partners hesitate to do business with him, he said.

    and the story continues................... :mad:




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  • GCBy3000
    06-22 10:46 AM
    We will sit idle and they will sit idle till the PD moves. Once the PD moves, they MIGHT get some 485 applications to process. Since the PD is retrogressed four to five years last year, most of the people with PD till the end of 2003 have already filed 485. The movement of PD until 2003 end will add some 485 to USCIS.

    The real fun to watch is when the PD moves beyond Jan'04. The service center will be flooded with 485 applicaitons and the flood will keep on increasing as the dates move. Lots of permutations and combinations are invloved in this scenario.



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  • baburob2
    04-29 01:05 PM
    Regd conversion to PERM ie refile in PERM and retain the PD your title, minimum job requirements, employer's name, employer's address etc should remain the same except the prevailing wage.
    Some of the factors to consider before refiling:
    1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
    2)Alien requiring a seventh-year extension:
    It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
    3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
    If the above economic factors seem to cause any issues dont refile.

    This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.




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  • kondur_007
    07-21 08:48 PM
    I do not have personal experience with Fragomen; however I have heard that it is the large immigration law firm in the country.

    The only problem (as far as I know) with them is that your PERM WILL be audited (according to DOL memo). This may lead to delays (and god only knows how long...)

    Most people on this forum know this fact; I mentioned it as you appear to be the novice player...

    Good Luck



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  • vrkgali
    02-13 11:36 AM
    Pappu, very good article. I saw this in this month's Kiplinger.

    A penny saved is 'far better than' a penny earned because you don't have to pay taxes for the penny you saved whereas you have to pay taxes for the one you earned!

    these things are like taking a duck to the pond ... for a Desi..




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  • saravanaraj.sathya
    08-24 08:55 AM
    Mam Thank god..Atlast someone has responded. I live in Williamsville. I am the only one righht now. We will rent a car and try to get some 3 more guys. I will pm my contact no.

    Hi,

    I am from Buffalo, i would like to come .. i am not sure yet.
    how many are coming from buffalo?

    ________----
    EB2-NIW
    PD - March 2003
    i485 RD - august 2003
    CSC to NSC - March, 2007
    waiting for GC



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  • sbdol
    08-12 01:35 PM
    except to beg one of those guys who used LS. Ask them!
    Please I beg you, did you purchase my labor? Did your company offered it
    to keep you IN? Did your uncle/relative offered it to you...
    I have a feeling that watermelons are sour...:D ( as some monkey quoted about legits)
    Man/Woman I feel for you.....
    In fact a mean and hopeless employer probably would not tell the original name on the LC to whomever he sells it.




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  • harryom
    03-24 02:05 PM
    :mad:
    I just got me H1B approval Notice and copy of I0129 petition. There is nothing wrong with approval bu I notice few things and have few concern questions to the group if some one had similar experience in the past:
    1. Passport number was not correctly typed in form I-129 (however copies passport were sent along with the forms by immigration dept)
    2. My Alien number does not show up in 797A approval notice as I have pending 485.
    3. The I-94# on passport card does not match with the one on new approval notice.

    Now My questions is :

    Do I need to get this passport#(1) typo fixed now or its ok?

    Is it ok not have A# updated in H1B Approval Notice? My wife's H4 have her A#.
    Do I need to get my I-94# matched with the one I had in my previous notice and A/D card stapled in passport?

    All this happened due to mistakes commited by our Immigration/attorney.Now she is not ready to listen and asks me to call customer service as she thinks its not her problem.

    Any suggestions/experience are apreciated.

    Thanks

    PD Sept 2004
    I-485 pending
    I-140 pending
    EAD pending
    AP approved



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  • Blog Feeds
    03-26 08:40 AM
    Dallas-Fort Worth Immigration Lawyer Has Just Posted the Following:
    For the second time, a federal judge has declared a Farmers Branch ordinance banning illegal immigrants from renting in the city to be unconstitutional. Here are excerpts from a Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/news/localnews/stories/DN-FBsuit_25met.ART.Central.Edition1.4c77c2c.html) article reporting this decision:

    U.S. District Judge Jane Boyle of Dallas ruled Wednesday that the ordinance was an attempt to enforce U.S. immigration laws – something the judge said only the federal government can do.

    The judge also issued a permanent injunction to stop Farmers Branch from enforcing Ordinance 2952.

    Mayor Tim O'Hare, the driving force behind the ordinances, said he wants to appeal.

    "The American people are tired of judges legislating from the bench," he said. "This decision is not unexpected but welcomed, because it allows us to get closer to this ordinance becoming reality."

    But O'Hare said the City Council would have to vote on whether to continue a fight that has cost the city nearly $3.2 million since September 2006. And the city may need to spend an additional $623,000 in legal fees in the year ahead, city finance director Charles Cox said Wednesday.

    About one-quarter of the estimated 30,000 people who live in Farmers Branch were born outside the United States. About 47 percent of the city's population is Hispanic.

    In the past four years, the city has proposed a series of ordinances that would make it illegal for landlords to rent to illegal immigrants. A version approved by the council in 2006 was repealed in early 2007 to make way for another ordinance.

    That ordinance, No. 2903, was approved by two-thirds of voters in 2007 but later declared unconstitutional by U.S. District Judge Sam Lindsay. The city abandoned an appeal of that ordinance in favor of Ordinance 2952. No. 2952 added all rental units, including houses, to the ban on renting to illegal immigrants.





    More... (http://dfwimmigrationlaw.clarislaw.com/immigration-news/another-judge-rules-farmers-branch-rental-ban-is-unconstitutional.php)




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  • glus
    05-11 06:51 AM
    I have a B1/B2 visa that I'm thinking about coverting into F1 visa when I get into the US I just have few questions:

    1- How long does it take to convert the B1/B2 visa into an F1 visa?
    2- If my visa gets converted into the F1 visa, does that mean my B1/B2 visa is cancelled and I have an F1 visa or what am I?
    2- Will it be possible to leave the country for few months(after the conversion of my B1/B2 visa into the F1) and then return back to the US with ease to continue my studies ?

    Thank you very much for answering!!!

    1. It takes 3-6 months to change STATUS from B-2 to F-1;
    2. Your visa does not get "converted". Your status changes to F-1 if approved. In your passport you will still have a B-2 visa.
    3. If you leave the country after changed status to F-1, you need to go for F-1 Visa stamp in order for you to comeback and continue studies. Risk of not getting F-1 stamp is high for those who changed status to F-1 while in U.S. I never left US after changing to F-1 because my attorney and my International Student advisor advised it was too risky to do so. This is because if US consulate denies issuing F-1 visa, the consulate my also cancel B-2 visa at the same time because both carry non-immigrant intent amongst other factors. You can't just leave for a "few months" and just comeback while studying on F-1. The F-1 visa and related I-20 documents specify how long the program of studies is and you should be attending every semester taking at least 12 credits each semester, with the exception of the last semester, in which you don't have to carry 12 credits as long as after the last semester your degree is granted.

    Hope this helps. It is based on my own experience. Speak to an International Student Advisor at the school which you have selected for more details. Good luck.



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  • immmj
    01-11 02:28 PM
    Apply H4 with lawyer or by ourselves? My lawyer took care of my H1B, green card cases. Do I need to apply H4 for my wife through my lawyer? What is the advantage of using lawyer with H4 application. Can I apply it by myself? Is there any H4 application checklist around? Thank you.




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  • GCcomesoon
    10-11 07:19 PM
    Hi

    My case was filed on June 4th , 2007 & till now I haven't got my FP notice & no update on the EAD application.I have called USCIS few times.They said sometimes it can take up to 6 months after 485 filing

    Thanks

    Priority date - 05/2003
    140 approved - 10/2006 from TSC
    485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
    CA, EB2
    Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
    Wife's case RD- 7/10/2007

    LUD in my case - I131 - 7/10/07 approved
    LUD in my case - 1131,485,765, - 7/11/07
    EAD for spouse - approved
    FP done for spouse
    EAD, FP - ????????
    LUD in spouse's case - I131-7/11/07, approved



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  • Blog Feeds
    07-23 11:40 AM
    U.S. Department of Labor has implemented a new integrated online system � known as the iCert Portal � through which employers can submit applications for permanent labor certification, labor condition applications (LCAs) and other applications for immigration-related DOL programs. In addition, the agency will introduce new editions of Form ETA-9089, the PERM labor certification application, and have already introduced Form ETA-9035, the labor condition application. iCert has already replaced the method of LCA filing for H-1B. The new iCert system begins to accept LCAs as of July 1, 2009. Employer and attorneys as the case may be, can still use the old LCA account but cannot submit new LCA. New LCA has to be filed from iCert.

    Following are the new changes which has taken place:
    - The new LCA requires writing the SOC (ONET/OES) code and the occupation title for the job.
    - The new LCA has a section for basis for the visa classification supported by the application. There are the following categories:
    a. New employment;
    b. Continuation of previously approved employment without change with the same employer;
    c. Change in previously approved employment;
    d. New concurrent employment;
    e. Change of employer;
    f. Amended petition.
    - One has to indicate the total number of H-1B/H-1B1 (http://www.h1b.biz/lawyer-attorney-1137085.html) non-immigrant workers.
    - The new LCA also requires, in the employer information section, to indicate the Trade name/doing business as (DBA), if applicable, the old LCA does not have this requirement.
    - In the new LCA, one is required to write NAICS code.
    - There is a new section in the new LCA - Employer point of contact information, which requires to indicate the following: full contact�s name; contact�s job; contact�s address; contact�s telephone number; contact�s e-mail address.




    More... (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)




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  • hourglass
    03-02 01:22 PM
    looks like there at least 3 ;)

    i think only four ..Comeon SoCal Folks join in..

    rkotamurthy, franklin, 485Mbe4001 and hourglass.




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  • drirshad
    01-25 04:42 PM
    For EAD eFiling you do not need any docs check the website below they will send a Biometric & photo appointment at local ASC, cool ........


    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c646065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD




    ineedmymother
    02-23 08:29 AM
    Hi, My mother lives in Haiti, i was not able to file a petition for her before the earthquake happened. Now with all of that going on, i need to know how to file and get her quicker to the us? Any response will be greatly appreciated, thank you




    gopi544
    06-30 05:41 PM
    Strictly speaking, she cannot use the AP to enter the US unless she had it in her possession when leaving the US.

    Thanks for the quick replay,

    So it means that if she dose not have the AP with her while she leave US, she can not use it.
    Can she go for the visa stamping in India and enter in H4? would there be any problem if she goes to visa stamping and enter in H4 while her AP is in process/approved.

    Thanks again for the suggestion.



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