Thursday, June 23, 2011

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  • lkapildev
    01-15 04:59 PM
    http://immigrationvoice.org/forum/sh...ad.php?t=16684





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  • raamskl
    08-15 09:32 PM
    Travel on AP and work on H1B? Have applied for 485, AP and EAD. By the way, what is the advantage of doing so?

    Assuming you have valid I797 (h1), the advantage of using an AP is to reenter the country without worrying about getting a visa stamping in the passport. But if you already have a valid stamping then it does not matter whether you use ur h1 or AP to reenter the country.

    But an EAD/AP is always good to have along with your H1 as that gives you another option of switching jobs after 180 days of filing 485, when the new employer is not willing to file a transfer of H1.

    Cheers.





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  • whiteStallion
    03-03 05:48 PM
    There should not be more than 1 pay period delay after you leave your job to get your settlement cheque. This has nothing to do with him not getting paid from the client etc. According to H1B law, you(employee) need to get paid every month(by the employer), period. Client does not comes in the picture.
    You can report to DOL... in that case DOL will pay you your dues and make sure your employer pays back the money to DOL with interest and penalties, no employer wanna go there... Last time it happened to me, I told my employer that I'll file a claim with DOL and all of a sudden he became friendly and paid off my dues promptly.

    Read thru these links : http://www.dol.gov/compliance/topics/wages-other-last-paycheck.htm

    Call them and they will send you a form for you to fill up and send across to them for not getting your last paycheck :
    US DOL Helpline : Tel: 1-866-4USWAGE (1-866-487-9243)





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  • caforum2
    08-02 05:53 PM
    My experience is that you can't collect your passport same day of your interview. After your interview, your visa will be approved. But your passport will get to VFS hand only after 2 business days. You might have to stay in Chennai for 2 days after your interview to be able to collect the passport from VFS counter in Chennai. I had same issue. I was suppose to be in US day after interview and passport was struck between consulate and VFS. I ended up coming to US 3 days after my initial Plan. Good luck. This is my experience from Nov 2006.



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  • kriskris
    07-18 05:29 PM
    I have a feeling in my mind that i made some mistakes in the 485 application. I may be wrong also. My lawyer was so busy on June 29 and she asked me to fill out all the forms. I tried my best to make it as accurate as possible. My other concern is my lawyer applied for my I-140 on 6/17 and got the receipt date of 6/28 in the email. Now i am not sure whether my lawyer had included that e mail copy (Since we haven't got the receipt notice in the postal mail) with my 485 packet sent on the same day which had reached the USCIS on July 2.
    Are they going to reject my application just in case if my lawyer had missed that I 140 receipt copy???????????? or are they going to accept the app and RFE. If anybody had faced the similar situation, please help me to deal with this.





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  • LOL123
    07-30 11:47 AM
    Bump >>>>>>>>>>>>>>>>>>>>>



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  • rbalaji5
    10-16 07:01 PM
    Wish you & your family a very very happy, healthy, recession free and prosperous Deepawali !!!

    Sorry IV-ians -Story deleted due to bad comments.





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  • kriskris
    07-28 04:39 PM
    I e-filed both EAD and AP this year and I got both approvals without going for biometrics. This was my first e-filing and all my previous applications were paper based. I only went for biometrics 1 time in Oct 2007. TSC used the photo and FPs from my biometrics appointment for my EAD as I did not mail them any photos. So its not necessary that you will be called for finger printing when you e-file. If they have your photo and FPs digitally stored, they will use them. I assume they would do the same if your PD becomes current.

    Also there is no FP for AP. We just have to mail our photos with the print out.



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  • eagerr2i
    08-02 06:00 PM
    My wife collected her's from VFS but they do not give it out the same day either at the consulate or the VFS. The earliest I guess is 3 PM the next day that you can collect it.





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  • nonimmi
    10-19 03:46 PM
    If you applied for labor through PERM and have a copy of you PERM application, the DOL o*net code is listed in section F. Box 2. of the ETA 9089 form. This code can then be looked up at the o*net web site: http://online.onetcenter.org/find/

    Do you know how to find this DOL o*net code for non-PERM cases?



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  • vinaypuri
    03-01 05:28 PM
    You should be able too. I am in a same spot as you. I am loosing hope on American GC.





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  • Ramba
    03-28 10:49 AM
    Ramba,

    We're definitely working on this issue and I am sorry that I am not able to go into further details.

    202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.


    Thanks admin. I understand diffence between a3 and a5 in 202 section. The flow of EB visas to FB (or FB to EB) make the total numarical limit invalid in EB and FB catagries (480K in FB and 140K in EB). If the flow happens accorss the catagory, the law is broken, then there is no meaning of numarical limit in FB or EB visas. Though A3 and A5 has theoriticallyy same meaning(to remove per couthry quota, if excess visas available) DOS have to keep FB and EB seperate track to control the visa numbers in each catagory seperatly. Before 1999, (ie before A5 was introduced thro AC21) all the FB catagories have been backlogged. But EB was current in most catagories. We do not know how DOS handled the situation. we need to understand that in US immigration history, was there any flow of EB numbers to FB numbers when there was a huge demand for EB numbers. It is better to counsult with AILA to understand the historical reasons and how A3 was handled by DOS in previous years ie before 1999.

    Why I am writing this is, we may be still safe by the section A3, though section A5 was deleted in both the bills. Unfortunally no attonnies has reported/found this untill IV discussed it.



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  • gcdreamer05
    11-05 03:27 PM
    After july fiasco, uscis and dol are very very cautious, in opening up the gates and calling everyone current. (They dont want another 1-2 million applications being sent).

    It is defintely not going to happen in the near future.....

    So even finding a pattern may not help as its not going to be current for all for EB3 atleast.





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  • morchu
    05-04 04:37 PM
    That I agree.
    USCIS can reject that second extension, since at the time of that extension application he dont have a pending immigration petition.
    AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.



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  • gsc999
    06-19 02:08 PM
    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.
    ---
    Do this: Go to a USCIS certified doctor for a medical exam. Tell them the facts, similar to what you mention in your post. The doctor will suggest the next step. Most probably a certification that you are under proper medication. You need to tell him that you have been tested before and that it was +ve for TB skin test.

    My understanding is that the body's reaction to a second TB test is severe.





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  • s_r_e_e
    11-26 05:29 PM
    congrats..

    I think, with attorney advicing you not to travel you should be able to convince the management about the need to cancel the trip for 'immigration emergency'



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  • ashkam
    09-06 09:08 AM
    1 : yes you have to file form I-539. Attach copies of her I-94, your I-94, your I-797 and her last two paychecks. Make sure you file this form before her final day at work.

    2 : It will not be against the quota. She can apply for an H1B anytime she wants and can start working once the H1B gets approved.

    3. No she does not need a stamp.





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  • dealsnet
    06-01 08:50 AM
    H1B holders cannot able to incorporate a LLC or S corp. They can incorporate a C corp. But cannot able to work for their own corporation. I don't know in H1B can buy a share at 33%.

    He can be a sleeping partner. Not able to work or hold any position till he can able to get a H1B from that company, or get a EAD to work after filing AOS.





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  • lskreddy
    07-02 03:59 PM
    I am not sure about whether you could sue or not but USCIS's processing order is wreaking havoc, and if there was any way to bring the buggers to task, that would be great.

    For the person who asked whether you saw 2008 application approved before 2007, I am a prime case. I have couple of I140's going, one in EB3 and the other in EB2. EB3's I140 was filed in July 2007 and EB2's I140 was filed in Feb 2008. The one filed in Feb 2008 was approved a few days back and the July app is still pending.

    Had they followed Kaiser's logic, they would not have approved my Feb app too as my Feb app is no where current, but there is hardly any sense to their order. Its as if the applications come in, they put it in crates and stashed somewhere. The crates are pulled in random order.

    As a theory, they might be approving much later filed apps as a means to acheive better 'average' processing times. If you take me as an example, I have one app pending for 12 months and the other approved in 4 months. So, the average is 8 and that might be what the higher up might care for. But, none of this is fathomable by souls like us...





    seahawks
    10-31 07:36 PM
    We are meeting tonight, looking forward to seeing all dedicated and active state chapter members..!





    realizeit
    10-19 04:33 PM
    Are you sure about the leave? Are you sure if we can use the leave accrued? I was under the impression that you had to go off the payrol ? Please confirm.

    Yes. You should not do any work, that's the key. You do not have to go off the payroll. After using all the accrued leave, you may have to go on "Leave without pay" or "short-work break".



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