Wednesday 29 June 2011

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  • kirupa
    05-27 03:14 PM
    Added the second one up!




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  • dilbert_cal
    03-09 05:51 PM
    Answer Embedded

    Need your help..

    Post MBA (since Jun'06), I am working with a new employer. My previous employer (bachelor degree), filed for my labor in Nov'04 and I left this company in Jun'06; howevr employer didn't withdrew my labor application. My labor with previous employer was approved in Feb'07. I have good relation with my previous employer and they are ready to file my I-140; I have few questions regarding this:

    Can my previous employer file I-140, even if I am not working with them?
    YES

    If I-140 is approved, would I able to transfer the PD to my new employer, when he initiates my labor application.
    YES, you would need a copy of the I-140 and since you have good relations, it should not be an issue
    Once I transfer my PD, can my previous employer use this approved LC for other candidate?
    This is a grey area. Not sure but I believe post-April, approved LC would have a validity of 45 days or so - so it may not be reusable. From your point of view, I'm not sure if the LC does get reused, does it impact your PD or not - my take is it doesnt but I'm not a lawyer.

    Based on my new qualifications (MBA), my job description has changed totally compared to my previous job.

    Thanks in advance..




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  • jamesingham
    08-23 11:02 AM
    My employer filed I-140 application for me this month. I will have to move to a different house next month. Will this have any impact to 140 processing ?

    Do I have to inform USCIS ?




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  • coolfun
    01-28 12:43 AM
    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

    If I paper file for my renewal, will there be a biometric appointment at an ASC?



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  • amdn123
    02-04 04:21 PM
    Does anyone know if you need a visa to visit the Grand Turk island? I am on an H1B in the US and taking a cruise to the Bahamas and T&C in April. The ship stops over at Grand Turk for 6 hours.




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  • sdckkbc
    02-04 10:07 AM
    LONGGCQUE,

    This question just means if anyone helped you in filing the DS-160 form.

    But question I was looking for was "Has anyone filed I140 immigrant petition on your behalf?" which pretty much means has anyone started your GC process.



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  • thakkarbhav
    08-10 04:19 PM
    Looks like it is mistake. Is it your second FP appt? It is possible that they already have FP with them and I 140 and I 485 both approved on the same date - within an hour difference.




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  • prem_goel
    07-28 02:27 PM
    Just to let everyone know if any of you encounter the same issue -

    called up USCIS Customer Service and spoke to them about this error. They said to mention this in the Cover Letter (When I send the supporting docs) as a mistake that happened while filing the EAD and what the correct answer should be. They said it'll be then taken care of.

    Am going to do accordingly!
    Thanks



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  • nixstor
    07-12 12:11 PM
    3 bumps in 9 minutes. Boy. you need an answer. Some are reading it as USCIS is considering their decision to reject. Please do not open new threads. there is already another thread with the same topic




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  • immigration_confused
    08-02 11:09 PM
    Dear friends, i would like to share my experience regarding the earlier post. My brother as i told you had surrendered his I-94 to the airline while departing for canada.
    He went to the US immigration at Toronto airport and the officer asked him for his I-94 which he told that airline had taken from him. Officer told that the airline was wrong in doing so and called his superior who told that it was not a problem and they issued him with a new I-94 card with out a problem and he got back into the US.
    i guess the lesson is not to panic and carry all your doccuments with you. In summary, automatic visa revalidation works but please do not surrender your old or new I-94 to the ailrine if you are planning to visit canada or mexico for < 30 days.



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  • gc_in_30_yrs
    07-27 06:07 PM
    BumbleBee, Thank you for your reply.

    I am afraid to talk to any prospective employers as I do not have a copy of I-140 with me. I have a copy of I-140 Approval letter, but it specifies; this copy should not be used as a proof of valid document for official purposes.




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  • Blog Feeds
    06-19 01:20 PM
    AILA Leadership Has Just Posted the Following:


    As many regular readers of this blog know, I am impressed by the amazing work of Vivek Wadhwa, research associate at Harvard, and an entrepreneur in residence at Duke. This week his most recently published article, The University Of Competition (http://www.outlookindia.com/full.asp?fodname=20090622&fname=GCol+Vivek+Wadhwa+(F)&sid=1), in Outlook India, points out the obvious--"with its flawed immigration policies, the U.S. has exported part of its economic stimulus and is providing a windfall of premium talent to these countries (India and China)."

    Vivek also appeared in a NPR's Marketplace segment on how sophisticated engineering jobs are disappearing from the U.S. and moving to India (http://marketplace.publicradio.org/www_publicradio/tools/media_player/popup.php?name=marketplace/pm/2009/06/17/marketplace_cast2_20090617_64). The report by Janet Babin starts with an unemployed Silicon Valley engineer and ends with Wim Elfrink � Cisco�s Chief Globalization Officer who is based in Bangalore. In that piece, Vivek discusses how the world has changed and how companies now need to be near growth markets.

    This pieces and other recent pieces show that plodding ideas about commissions and study groups to recommend visa numbers are relics of a past age. The question is, will Congress act quickly enough on immigration reform to actually make a difference in helping our economy recover. Every immigration lawyer knows these simple truths--lazy people do not walk across the desert. And, its corollary--the Hope that is American attracts those willing to work hard to succeed. Well, the former principle is still true, at least for now. The latter is giving way to hopelessness--backlogged visa numbers ("encased in amber"), and a growing and vibrant economy in China and India. The failure to act quickly is going to cost America in the long run. Let's pray someone in the White House and on Capitol starts this immigration reform discussion moving before it is too late.https://blogger.googleusercontent.com/tracker/186823568153827945-2392842088350390333?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/06/vivek-wadwha-voice-in-wilderness.html)



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  • ajay
    03-01 10:46 AM
    What I feel is nothing wrong with this idea. Since the job market is sluggish people may be skeptical about the prospect of getting a job in this market but if you are providing some technologies that they can learn in less time and get some promising jobs they will definitely come and join. One should make sure that the candidates should be given consultation/help in getting jobs also. Here probably start with some familiar courses for less fee/no fee in the beginning and try to get some referrals and slowly try to establish it.

    Good luck in your venture.




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  • wandmaker
    05-12 04:04 PM
    Thanks for the input. Do you have any publications or IRS findings that you could direct me to that could be used to substantiate the argument that the benefit is non- taxable? I have not been able to find anything that says that the green card is non-taxable.

    I am afraid not, you will have to talk to a tax consultant



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  • mk26
    12-05 03:27 PM
    Can my current company continue my GC even if I transfer my h1 and join another company?

    Priority date - May 2007
    I-140 Approved - Jun 2008

    Waiting for date to be current to file I485 and my current company is ready to continue the GC process even if I transfer my H1 to another company.

    Your expert advise will really be a help for me to take decision on this , is it wise to change h1 now?




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  • ssdtm
    11-30 04:38 PM
    - My friend has not been paid by his current employer. So no pay-stubs what so ever
    That can be an issue in H1 transfer because he may be asked to prove that he has maintained valid status ( as there is no such things as bench on H1). This is a only a potential issue, not a showstopper as I know of transfers done without paystub.

    - He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
    This is merely a threatening exercise by the employer to keep him from leaving. It does not have any legal bearings. I have done it myself in past.

    What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?

    The moment your H1 application is received by USCIS, you are safe. Even otherwise, USCIS generally takes a while to revoke the H1 after recieivng the application.

    But if USCIS revokes H1 before the transfer request is recieved, then you are out of status and your new application will be denied.

    But let me ask you one thing, if your friend is not being paid, why in this world he needs to even tell his employer about his plans to switch. Ask him to act smart.



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  • sangmami
    07-12 09:37 AM
    /12/2007: USCIS Reportedly Returning Visa Numbers to DOS

    AILA has reported that when Rep. Lofgren issued a letter to Secretary Chertoff, she also disclosed that "It has also come to my attention that USCIS began returning visa numbers to the State Depaartment as early as Thrusday, July 5, 2007." It could be the answer to our question why they are holding July filing cases and why they stopped adjudicating 485 cases for which they pull out the numbers before July 2, 2007. What a mess


    can any1 interpret wat this means
    thanks




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  • rc123
    11-04 09:17 AM
    Hi All,

    I sent h1b extension application to california center on june 22nd and my application is still not approved. My current visa was valid until July 30th. I need to travel to India on Dec 10th due to urgent reasons . Please suggest what should I do

    1. Can I travel while my extension is pending?
    2. Can I raise a service request to speed up the processing?
    2. or Upgrading to PP is the only option?

    I do have EAD and advance parole through my husband's GC application. If I use parole for travel what happens to my H1b visa and GC application filed through my employer. My visa will still be valid or not?

    Please help...

    Thanks in advance
    Ritu




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  • neoneo
    04-14 02:10 AM
    One more day gone. A few more to go. Really what more can you do ? You can't do beyond a point. The best suggestion would be to get more PEOPLE knowledgeable about this issue.
    The other day I came across one of my acquaintences who is doing pretty good in his area, who came to the US in the mid 70's.We were discussing about things happening in our community, I casually mentoned to him about the Legal immigration issue and he was surprised to hear the EXISTENCE of these issues. That surprises me that so many Indians, who have migrated to the US over past 30 years are either unaware of these issues or just want nothing to do with it. But I'm sure there is a sizeable number who would want to chip in the cause.

    Get in touch with people you know and tell them to send faxes to respective senators, call or just support the cause.

    MODERATORS: Can u make the WebFax area non-user area, many dont want to register, but are willing to send Faxes etc.NumbersUSA dosent need u to register.




    Ann Ruben
    03-01 09:21 AM
    Sganny,

    It is possible to obtain extended B-2 status based on the need for medical treatment in certain cases. In addition to providing strong documentation of your son's medical needs, you would also need to show that he would not be able to get adequate treatment in your home country. Additionally, you would have to provide documentation to show financial resources sufficient to support your family without having to work in the US.

    Ann




    starscream
    09-10 09:40 PM
    Friends please see situation below:

    My PERM labor mentions 24 months of experience required for my current position. PERM has been approved and I-140 is pending.

    I got experience letters from 2 of my previous employers as proof of experience:
    Letter from Company A on company letterhead signed by the Director stating I worked there from Feb, 2004 to oct 2005.(18 months)
    Letter from Company B on company letterhead signed by my former manager stating I worked there for approx 17 and a half months.

    Both these letters together cover all the skills mentioned in PERM 9089 form that are required for my current position as well as the experience of 24 months and the content of both letters has been okayed by my employer's lawyers.

    There is one issue tough: On PERM labor form 9089 in Section K (alien work experience) for my company A job, start date has been mentioned as 12/01/2003, whereas the Company A letter mentions it as february 2004. This is because from 12/01/2003 to the beginning of February 2004 I was being trained and started my client engagement in February 2004. Hence company A mentioned February 2004 as the start date. For Company B the start/end dates on the letter and fPERM labor form 9089 match exactly.

    Would the 2 months difference in start date for Company A cause a issue with the I-140 like geting RFE - even tough skills and duration of work experience that were mentioned in the labor are supported by the 2 letters???

    Thanks



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