Sunday, June 12, 2011

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  • fide_champ
    03-04 05:10 PM
    Is there anything i can do on H4 visa??

    Enjoy life at home :-)





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  • aranya
    03-09 03:07 PM
    Hi,

    Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)

    This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).

    Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,

    they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.

    1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?

    2. Should i ask for a job offer later stating a new hire date of Oct 1st?

    3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.

    Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.

    Will appreciate any feedback on my 3 questions/concerns above - than ks.


    I was in a similar position a few years ago. I had to be at home for 1 month.
    From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.

    1] Most jobs are at-will meaning there is no real way to "protect your job".

    2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.

    3] They must have talked to their immigration attorney who set them straight about LOA etc.

    As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.

    As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".

    Good luck.





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  • irock
    10-10 06:53 PM
    We are also in the same boat. My wife and me finished FP on 10/2. Its already been 9days. No LUD on my case or my wife's case.
    Do I need to worry or This is quite normal?





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  • VivekAhuja
    06-20 07:09 PM
    Yes....you can do all those.... even though I cannot see a DESPERATE reason to "shift" to H1-B or to be in the country on H1-B when your actually work status is infact H1-B (even if enetered on AP) and your immigration status is parolee.



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  • jungalee43
    10-06 03:16 PM
    I am starting this thread after I experienced that CIS Ombudsman is actively helping EB as well as other immigrant community in getting their problems with USCIS resolved very quickly. We are fortunate to have such a platform to log our problems and get solution.
    I am sure many of us have received similar help from the office of CIS Ombudman. Please thank them.
    Thanks CIS Ombudsman for all your help.





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  • Administrator2
    12-09 11:27 AM
    To complicate things further, cloture on 9-11 responders failed by 57-42. Republicans are not willing to let anything go till Tax cuts bill is undertaken.

    The breaking news is the House Democrats have decided not to undertake Tax cut bill in the House, meaning the new tax cut deal announced by the President will not hold good anymore.

    Its anybody's guess what will happen next. Key leaders from both sides will go behind closed doors to figure out how to make it happen.

    Please standby for further updates.



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  • la6470
    06-03 09:45 PM
    Refer to Page 5 of Neufled Memo (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf)

    It shows self employment and H1B cannot prove employer-employee relationship.

    >>If so, H1B visa requires proof of salary, whereas owners in an LLC cannot be employed by the LLC. Any ideas on how to solve this paradox?

    My understanding after reading Nolo's LLC guide is that when you file LLC, if you don't state who will be Members and Managers. then everyone by default will be Members and Managers. If you are going to work, then you should be stated as Manager in Operating agreement.

    He can do whatever he damn well wants to do .. I totally applaud him/her if he is making 300K a year and my advice to him/her is that you should not care wether you have a h1b or not, GC or not etc. Just make sure that you deposit your earnings in swiss banks and whenever USCIS throws you out show them the middle finger and go live in Aruba,. We are all ballless human being if we try to play by the rules of this game of discrimination. My advice is "Go Grab whatever you can"





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  • jackrock79
    01-13 03:02 PM
    Hi,

    I have two I-140 applications and both are from my current emplyer. One was a regular I-140 and the other was a substitute I-140. Both got approved on the same day. Regular had a PD of 04/2007 and substitute had 11/2004.

    The regular got approved with PD of 04/2007 and substitute also got approved with 04/2007. So now what are my options of using the 11/2004 PD.
    I was expecting USCIS to approve both applications with 11/2004 instead.

    Thanks!!



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  • imh1b
    02-16 10:47 AM
    Why waste time of such hypothetical issues when we can put this effort in something prodcutive. "Divide and Rule" never works.

    Always "united we Stand" - hum hai Hindustani.

    -Leo

    If unity is important, how about uniting Pakistan, Bangladesh, Nepal, Bhutan, Sri Lanka into one 'United States of India'. Lot of ROW from these countries will protest. :)





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  • saileshdude
    10-07 11:46 PM
    Jungalee,

    I sent you a PM. Can you reply to that? Thanks a lot



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  • Robert Kumar
    01-26 07:10 AM
    Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.

    Good luck!

    I too think requesting the employer to take the action, with their lawyer. If they are good, and with no issues, they must initiate this and fix it,
    but if they are not good, they may withdraw at this point and may feel "lets not get into more headaches"... in which case you may not pursue further.
    I can imagine how it feels, belv me, yet, keep looking and dont give up





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  • h1techSlave
    01-05 05:37 PM
    Yeah, I agree with you there that the actual number of successful porting may be miniscule. Plus it takes a lot of time to complete all the steps to successfully get the coveted EB2 status. And even when an EB3 person gets the EB2 status, USCIS/DOS may not release the EB3 visa originally allocated to him or they may release it after a year or so.

    End result, they can just copy paste data for EB3 India. One less thing to do for the data entry operators.

    i woudl think the actual number porting is miniscule...

    but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
    Even an annual release would be very helpful...:confused:



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  • kart2007
    11-18 07:55 PM
    its down, so .. so what? how does it matter?

    Did you even read my first post?

    No one would like their documents delivered to a wrong address, sent back and lost in mail etc?





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  • InTheMoment
    04-03 03:15 AM
    Getting help thro' your congressman/woman (House rep. or senator) is the best way forward for you.

    Each USCIS service center has a dedicated cell handling congressional inquiries on cases. Since your case is well beyond processing times and clearly out of bounds, they do escalate matters thro' the congressional cell at NSC/TSC.

    Doing this should be your first order of business.



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  • aroranuj
    06-16 12:52 PM
    I recently asked my employer to provide me with a copy of the I-140 Receipt Notice. The company's attorney told my employer that she strongly recommends not giving me a copy as I could leave work with the I-140 Receipt notice. Is it true that I can't leave work even though it has been past 6 months since my concurrent filing if I dont have a copy of the receipt notice?

    Will the approval notice for the I-140 be mailed to me by the USCIS or to our company attorney's? What can I do to make sure that I have all the paperwork required if I were to use AC21?

    Thanks.





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  • psk79
    09-26 12:15 PM
    I am Jul2 filer with a notice date of Aug, 31. (NSC to TSC transferred) I got the receipts in early september however as of today no FP notices. I called uscis and hte guy told me to wait 30 days until oct 2. I dont know if there are any other guys in this case.....



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  • maddunr
    10-19 11:57 AM
    Can anyone point me to any documentation for physicians that suggests repeated follow-ups even after the medical report has been signed, sealed and submitted to the immigration office?

    As with a lot of applicants from India, I tested positive for tuberculin because of the type of immunization we receive and had the requisite skin test and chest x-rays done. After this the doctor signed the medical report and gave me the sealed envelope. He has then put me on a 6-month medication program for tuberculosis. The medication is quite strong and is supposed to affect the liver. He also wants me to come in on a regular basis (and spend $80 every time) to get blood work done to "make sure the medication is in my blood stream".

    I am not sure why I am being put on this medication for such a long period as I don't have tuberculosis. When I questioned my doctor, he said it was necessary - not giving any more details.

    Have others gone through such an experience? Am I a source of residual income for his office?

    Thanks in advance,
    V





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  • ChainReaction
    06-14 02:55 PM
    If one is applying I 140 and I 485 concurrently, will EAD come after I 140 gets approved or EAD will come irrespective of I 140 is approved or not?

    I also have the same question can someone comment on this

    thanks !!

    Bumming up /\ /\ /\





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  • mrane1
    10-26 03:39 AM
    ???like a week before?

    My wifes date was sept 13, mine was 15th... I never received the original copy of FP.. Howevr my lawyer received it and she send a me copy. She told me the copy should be fine... when I went there on the 13th the security guy wouldnt allow me saying my date was sept 15th and that I didnt have original copy :rolleyes: I said my lawyer told me that a copy should be ok. He said your lawyer is not incharge of doing FP. :mad: I said I want to talk to an officer... There was an officer who was watching this... he told the guard to let me in... After that it was all smooth sailling... was done with my FP in about 15 mins... Received approval notice on 16th (Yes 3 days!!!) Had my gc on 18th!:D My wife who is the secondary got 2 LUDs on her 485 but no approval... I guess she is stuck in the name check... what is strange is that most ppl who have their approvals have their EADs and APs rejected! In my case however they send both last week... over a month after 485 approval :rolleyes:





    ramus
    07-06 10:56 AM
    PLease donot create new thread for this.. We alrady have thread for this.. There is already one thread on media .. Please put all posts there..

    It is very hard for members to do work if we have so many threads on same topic.



    07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance

    * New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:

    "To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."

    * The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
    * We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:





    ashkam
    03-24 01:56 PM
    What people usually do is get someone in their home country to be the Google Adsense beneficiary

    How do i register with google adsense to make someone from my home country as beneficiary.In that case wht do i need to give the persons taxid(like pan number from india).How can i do it?

    Just change your registration info and set it to someone outside the US. I am not sure if they will ask you for any number if you are outside the US.



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