Wednesday, June 15, 2011

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  • wandmaker
    03-28 11:28 PM
    Many thanks for IV to get this fixed for students. I am student member of IV since 2007.
    I have posted this message in other forums and urged the student community to join IV.
    IV rocks!
    Balan

    ^^^^^^





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  • pansworld
    07-07 04:26 PM
    But at least they will be alerted to a problem. Maybe someone will take notice. Maybe they wont. If not we will figure something else out...my two cents





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  • H1Girl
    08-16 04:37 PM
    I wonder in what way this post is relevant to immigration issue etc.
    It's all once's personal probelm as far as I understand...





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  • chanduv23
    08-09 01:07 PM
    ^^^^^^^^^^^^^^



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  • anu_t
    06-17 12:20 PM
    I am in the same boat too. Only difference is that I have formally accepted the offer and it's in the same corporation (but different legal entity).

    My lawyer recommended that I have three options

    1) Start over and recapture your PD. She mentioned that this is the cleanest option.

    2) Apply for 485 from your old job and then move to the other job after six months

    3) Move to the new job but apply for your 485 from your old job.However, you will need to move back to your old job once you get your Green Card.

    I believe Option 3 is the best for all of you. Try contacting your old employers to see if they can file for your 485. That said, once your complete your six months after applying for 485, you can technically move. Now I am not sure if this will work, but can we not move into another company at more apparent time before the actual receipt of the Green Card. Also, given the severe retrogression expected, it may be a long wait and this move may potentially not have to happen for a while.

    Please note the above is my opinion and you will need to consult your own lawyers.


    How come option 1 will work if the law passes? First you have to apply for the labour and then only u can capture the old pd.
    But we even can't apply for the labour so there is no point in capturing the old pd. Am I making the valid point here? Correct me if I am wrong.





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  • jayz
    07-02 11:59 PM
    This is the only mode of silent protest. We need to act on it and everyone needs to send the same message...

    "ALLTHE BEST FOR FUTURE EB VISA ESTIMATES"

    Truly,
    A victim of revised July 07 visa bulletin



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  • pbuckeye
    06-25 02:45 PM
    If you can get the email from the client mentioning that they can't give a letter, then I feel that could be enough reason for MTR (but check with an attorney). Have you explored about filing again in premium with new or more documents (see below)?

    Could you confirm if you already submitted:
    1. MSA/SOW/PO (all or any of these). Does the SOW/PO have your name on it?
    2. Contact info of your supervisor at client site. I think this is very important.

    Was the denial solely based on the client letter?





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  • navyug
    06-26 04:58 PM
    This is not correct.

    Managing the business comes under employment authorization whether or not salary is drawn by the owner.



    _________________
    Not a legal advice.

    You can own shares of a company and be paid dividend too when you are on H-1B. Getting paid dividend does not mean the dividend paying company has to also sponsor your H-1B. In the same way she is just holding shares (may be 100%) in the company. As long as she is not being paid salary she is fine. She can work pro-bono during this period. You do not need EAD to be a owner (or share holder) of any company. She needs EAD if and only to be paid salary from this company. EAD is "Employment Authorization Doc". Even a student can own shares of a company. Please understand/analyze the situation before commenting.....



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  • tabletpc
    01-10 01:23 PM
    Its a gray area....!!!!!

    She can work for the same employer on H1b, but is she on H1b status or not....its difficult to say. Hope i am not confusing you.

    From what i have understood about GC law, once you take any benifit of GC, you are abounding your previous status.

    I would suggest you to talk to your attorney.

    Good luck





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  • rsdang
    07-08 04:41 PM
    Spouse will have to be in relation for 3 years even after getting GC. Or else upon request, GC of the spouse can be revoked by USCIS.

    I asked my company immigration specialist and she said since its an EB GC - the three year stipulation is not valid... Thats for family based GC...

    You may want to ask a lawyer...

    Hope This helps.



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  • Selena Gomez amp; The Scene A



  • dipu76
    06-02 12:39 AM
    If GC LCA salary is more than it is well planned by the employer. If you run away, at the time of GC you need to show a job with that higher salary other wise you may loose GC.

    Usually GC LCA salary is kept low. If some mishap happen, is will be easier to find a job with lower salary.
    good point... is the employer supposed to share the labor information with us?





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  • chanukya
    05-17 10:55 PM
    Sorry about my statement, I stand corrected, if you are US Masters and above plus member of profession, you still are not exempt from LC Process, however, special handling of LC in your case will take place, like the measure by DOL will be looking for US Citizens equally qualified ratehr than able, willing and qualified.

    USCIS Section 212(a)
    (5) Labor certification and qualifications for certain immigrants.-


    (A) Labor certification.-


    (i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-


    (I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and


    (II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

    (ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-


    (I) is a member of the teaching profession, or


    (II) has exceptional ability in the sciences or the arts

    (III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.


    Bottom line US Masters and above still need LC, Only thing is they are not counted against Quota....which is the biggest releif ever...



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  • Selena Gomez - Rock God



  • rajenk
    11-27 12:43 PM
    Currently there is no way you can substitute a labor certification. Your post saying "Now the consulting firm is saying that they have substituted a labor for him" could you be more specific what "Substitution" means in this context?

    I am forewarning not to get cheated!

    Thanks
    Raj





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  • gc_peshwa
    04-15 01:51 AM
    Spread the word about this campaign with ure friends,colleagues, lets 'DOS proof' our future :-)



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  • pappu
    09-14 06:20 PM
    Thanks to all those who tuned in.





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  • Bhaskar_80
    06-10 02:42 PM
    Once again Thanks Mr. Glutin,

    So it means, when I apply for H1B Transfer this time, I will get an H1B Visa valid till May 2012 right? Please let me know whether my assumption is right.

    Also am I eligible to process my i140 through Premium Processing?

    Thanks and Regards,



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  • asdfgh
    10-15 05:53 PM
    Just got all receipt notices - 485, 131, 765. Online status shows "EAD card ordered"; "AP Approved - Notice sent". No FP yet, but overall its been a good day.


    CSC will transfer the 485 to other service center (TSC, etc..) if you do not belong to their jurisdiction, but will process your EAD/AP, if they do the data entry. My 485 is transfered to TSC and got the transfer notice, but they also processed the EAD/AP. Received the EAD/AP from CSC.





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  • xbohdpukc
    03-06 06:29 AM
    Totally disagree. Only a small %age of employers pay the fees, rest is all borne by the applicant. This includes universities, companies etc. There are so many components of fees that everything is not covered by employer.

    Do most of the companies cover EAD (every year), Adv. parole (every year), I 485 etc.. fees. The arguemnt given by USCIS (read their website) for I 485 increase is that it will be processed in 6 months and therfore no need to apply for EAD and AP fees. The argument is fallible is that it does not counts retrogression adn name check, it is simply assumed everyone will get their I485 processed in 6 months.

    They are not using technology (because they can't hire more H1b and softwarre professional) but using the excessive money to support theeri old fashioned systems.

    What a mess 180% fees increase on most of the applications?

    I guess I am that lucky that my employer pays all the fees afterall. I also think it's a good idea to make it mandatory for the employers to carry the burden of the fees, at least through the I-485 filing process. Then if they refuse -- they definitely don't need a foreign laborer that much as they claim, it's only fair.
    But then again, opposition to the fees increase coming from the most well off group of prospective immigrants doesn't really pass a laugh test, especially with such immigration opponents as Sen. Sessions and Co. "If you are saying that you are here to contribute to our country and its economy -- start with the fees, please". I think that voicing too much opposition to the fees increase will only further alienate the coming immigration debate. We don't need it, it's gonna be tough enough without a cat fight over the fees matter.





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  • casinoroyale
    01-07 11:47 AM
    Sorry aps. I corrected the typo above. Please read my post again. I meant to say "after using EAD".





    Desi Unlucky
    07-27 07:22 AM
    I was not greatly familiar with the I 140 process and since long i was thinking of posting a question on the forum. Yesterday i saw this thread and tried searching if there are any answers to my Questions.

    It was spot on. with in 15 minutes, thanks to the search engine i now know

    1. What SRC in front of the reciept no
    2. Which centers process I 140
    3. What are the processing times

    My suggestion to IV would be to have this search URL on the home page.





    Oasis52
    05-15 02:44 PM
    Current Status: H1 (visa stamp expires Sept 2011)
    Citizen-India
    Current: Company A (Has filed for h1 extention on May 1 under normal processing)
    Future: Company B (Has filed for Transfer under Premium Processing as of May 6)

    Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).

    I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
    >Can i travel abroad even if my tranfer is under process
    >When i enter, what documents do I need to show at POE?
    > Can i enter with Company A visa stamp
    >Any issues if current employer informs USCIS about my resignation?

    Its a emergency travel i cannot avoid. What needs to be done to make my trip



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