Wednesday, June 15, 2011

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  • meridiani.planum
    02-01 05:23 AM
    thanks for the reply..this means having a dependent visa is the key at the time of approval..

    if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?

    yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.

    There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.

    Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...




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  • Becks
    02-10 07:18 PM
    Once you strart using EAD your H1 will be terminated. If you want to switch to H1 again your need to apply for fresh H1 in the new quota. You cant renew because its terminated.

    So try to switch the job with H1 transfer if your new employer supports. Use EAD only when you dont have H1 option.

    So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?




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  • lazycis
    05-01 11:54 AM
    If old I-140 has not been revoked, you are entitled to the old PD.
    8 CFR 204.5
    (e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.




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  • senthil
    02-15 09:50 AM
    why not - no one does things for free. if you talk to attorney, you know how much $$ you have to pay. most time ive seen members on form answer clean and quick based on their experiance, which is in-valuable.

    $1 is just pennnies. not bad to start with at all



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  • alg
    12-11 01:47 PM
    The first time, my husband and I were asked all kinds of questions by the secondary CIS officer at LAX, and was asked NOT to do our own copies of the original AP, that we are not supposed to do copies of official documents. He kept and use our copies anyway. The stamp in the AP extended it for a year after this entry.

    Two weeks later, upon arriving again at LAX, the secondary CIS officer did not ask any questions and did not make copies of the AP. We just got another stamp on the original one extending its validity again for one year from date of entry. It went pretty fast.




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  • when
    02-29 12:42 PM
    ^^^^



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  • pointlesswait
    06-17 11:30 AM
    i know that there was post on the forum what to say..when you call..cant find it now..
    can anyone post the link here..plz!


    Don't think that your call doesn't matter.. They do take the number of person called for the same issue and this is the response i got from CHC Dennis Cardoza's office...

    Dennis Cardoza : Well aware of the bills, i was number 15 for friday the 13th and when i asked for total number, she said we have received 100 or so calls for these bills....

    And two or three lawmakers office said that we are reviewing the bills at the moment.. so definitely a positive sign...

    So grab your phone and reach out to house reps... Just try to call 2 members and i bet that you will finish the rest of the calls and you'll reply to my message so you can share your experience and encourage others.




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  • bobzibub
    02-25 11:28 PM
    Oracle applications, Oracle financials, Siebel, SAP are good fields to enter. Data warehousing is hot and a lot of people get trained. Consulting companies have fulltime trainers and there are a lot of courses you can take.

    These are good end points. Start a little more basic to get good underpinnings.

    I think, also, that if you don't know what you want to do, go for a BSc. in computer sci. If you do, take specific courses.

    For system Admin, I'd recommend Redhat.com's courses. The world is going Linux. Play with it and mess it up. Re-install. All part of the fun. Hack some Bash/Perl scripts.

    For coding I'd learn C first. Get good with pointers etc. Then learn Object Orientated PHP or Java. C isn't the easiest of languages, true. If you have problems, fall back to BASIC.
    PHP and Java will get you started with web stuff and databases fairly quickly too. Start with Mysql. Then Postgresql. That'll get you ready for Oracle (the database) and you can then learn the applications that run on it.

    If you learn the high end apps w/o learning the low end, you're code may be beautifully written but horribly inefficient.

    They'll ask why an MBA/HR guy wants to be a grunt. Consider volunteering for an open source project for street cred. sourceforge.net has a bunch of projects.



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  • superdude
    07-17 10:41 PM
    you are OK




    hair May 1, 2011 • 8 notes. [Image black and white backgrounds for tumblr. http://lack-and-white.tumblr.
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  • oomshiva
    07-12 09:46 AM
    this is realy getting more confusing and I think

    Dal mein kuch kala hai ( something is verrrrrrrrrrrrrrrrry fishy going on behind how to solve this )



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  • Bpositive
    01-06 05:44 AM
    My wife was on OPT and working off a valid approval notice. It is a first time H1 stamping. She has a Phd in biology and therefore the 221g which includes a 'invitation letter'. The instructions are confusing. On the 221g, it asks for a scanned document and the email ack says send only .txt.




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  • nagio
    01-08 07:31 AM
    Six weeks it is. Sorry I said 7 weeks.

    I just replied in the other thread too.

    My wife went for her H1B stamping at HYD on Nov 23rd of 2009. Got 221g pink slip. Submitted response on Nov 25th of 2009. Got her Visa approval on Jan 4th 2010. May be all the holidays in between delayed more by a week or two. Also US consulate say each case is unique in terms of time to get processed. She works for university in bio-tech. Hope this helps.



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  • mmanurker
    04-13 01:54 PM
    In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
    I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....

    But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.

    Well all I can say is that you all are lucky and hope that the luck does not run out down the road because in US not knowing law is not an excuse and as long as DOL or USCIS does not find this out you are fine. Giving friends address and filing taxes using friends address and filing LCA to show that you will be working from a location in US and running payroll from that state but in reality working outside USA, to me if DOL/USCIS finds out then they might treat this as LCA voilations, fraud and misrepresentation and both you and your employer could land into trouble.

    I remember few years back some of the H1B employees as well as employer(owner of the company and few others) were handcuffed and arrested for LCA voilations...

    here is the old link from murthy.com:

    MurthyDotCom : INS Raid re: LCA Violations Against H1B Employer (http://www.murthy.com/news/UDraid.html)

    here is another one:

    MurthyDotCom : Arrests of H1B Employers Increase (http://www.murthy.com/news/n_h1arst.html)

    LCA voilations also result in H1B's revoked by USCIS. Its just that after Neufield Memo in Jan 2010 that the focus shifted towards employer-employee relationship but prior to Jan 2010, most of the talk on immigration forums were about the LCA and LCA voilations.

    About you travelling upto 4 months, I am not sure how your LCA is drafted and filed. but here is some info that If an employee works for more than 30 consecutive days or 60 aggregate days within a 12 month period at a location not listed on the LCA, the employer must file a new LCA documenting that change. OR employer can list multiple locations on the LCA filed the very first time itself.
    and about your taxes, you will be considered as resident alien if you lived and worked more than 180 days in the same state/place.

    Again I could be wrong here but this is my understanding considering the kind of cases that I hear abt LCA voilations and subsequent petition denials..
    Bottom line seek legal advice from attorneys.




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  • sunny1000
    04-20 03:09 PM
    I-94 also does not have the date written

    In that case, here is the relevant Q&A in the www.cbp.gov website. Hope it helps:

    Q: How do I correct an Arrival-Departure Record reflecting an incorrect admission classification, biographical information or period of admission?

    A: U.S. Customs and Border Protection (CBP) will review and issue the necessary documents to remedy errors recorded on the Arrival-Departure Record at the time of entry to the United States relating to improper non-immigrant classification, inaccurate biographical information or incorrect period of admission, if appropriate.
    Any designated deferred inspection location or CBP office located within an international airport should be able to assist you, regardless of where the actual document was issued. In many instances, the location of your final destination where the discrepancy will be resolved may not be the port of your first arrival into the United States. Travelers are encouraged to contact sites not located within an international airport to establish an appointment, if necessary. Mail-in procedures are not available.

    Currently, there is not an approved form to request the correction of inaccurate information recorded on the CBP Form I-94 or I-95 at the time of entry into the United States. You will need to bring the questionable CBP Form I-94 or I-95 and documentation to support the claim that the form was not properly annotated. For example, present a passport and visa to justify an incorrect visa classification or an approved petition to support an incorrect admission period. A fee will not be assessed.

    The CBP offices within the international airports and deferred inspection locations are only authorized to correct errors that occurred at the time of arrival. Requests to replace the CBP Form I-94 or I-95 that has been lost, stolen or mutilated must be filed with USCIS.

    Authorized stays that were limited at the port of first arrival by supervisory authorization as noted on the reverse side of the CBP Form I-94 will not be corrected. Under these circumstances, you will be required to file an Application to Extend/Change Nonimmigrant Status, Form I-539, with USCIS.



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  • daishwarya
    07-23 03:05 PM
    Yes. I am from VSG too...I left VSG in 2008. I don't know anybody who got approval...




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  • arunkotte
    09-07 12:45 PM
    I am in great need of some suggestions. I hold a MS degree in computer science and graduate in 2004 dec. Since then I have been with the same employer.

    Now that he is filing for my LC. Is it difficult to get through with MS+0yrs of expereince ?

    Also, at this point of time i have found other employers who is willing to do my GC in which case I will have MS+2 yrs of expereince.

    Is it worth changing employer for gaining 2 yrs of expereince for my LC.

    Does this really make my case more stronger ? or I am just OVER REACTING ? and doing unneccessary thing

    DOES THE EXPEREINCE with MS makes it better for EB2 ?

    Please let me know if there are some experts out there


    It doesn't matter. I had my EB2 approved with MS+0. Just make sure the job description explicitly mentions MS with no further experience.



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  • gc_chahiye
    11-09 01:10 AM
    According to the following document from USCIS they issued receipts for approx 150K applications for AOS in sept. So my estimate of the total back log is


    June filers 75k
    July - 25k
    August 200k
    Sept 150k
    Oct 50K

    Total = 500k

    http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf

    why more filers in Sept than June? I thought most PDs were better in June than in Sept...




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  • WillIBLucky
    12-08 08:21 AM
    Are you saying that the bill is going to be voted today? And moreover if it even passes will it have to pass in house as well to become a law? from the excitement yesterday I got the feeling if it passes in senate we are good.

    can someone clarify this for me?




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  • tinoue
    09-27 09:52 AM
    I have approved I140 notice ... i dont see A# can you pls help me find that number in approval notice (797)

    It is in "Beneficiary" section, right above my name. But I heard some people do not have numbers on thier approved I-140. I do not know why, though.




    bbenhill
    09-18 05:26 PM
    Of course you can work using your EAD for your Employer. The reason why so many still remain on H1(even after getting EAD) is because if the I-485 (AOS) is denied, they can still continue to work on H1 and maybe restart the whole GC process. But its not possible once you switch to EAD. You cannot fall back to H1.

    LostInGCProcess, his I140 is not approve, how come he can use his EAD ?

    AOS can only be use after his I140 is approved.

    Thx




    americandesi
    09-10 12:05 AM
    Hi - How to complain to USCIS about a fradulant company, What would be the affect of the complain on the employee ? Please advise and provide with any information. I know abot a cheater who exploites innocent students, are there any threads or blogs where there is informtion about fradulant companies, I guess there should be thread about such kind of companes and people running them, so that people do not get into their trap..

    Thanks.

    Here's the form to complain H1 violations to DOL.

    http://www.dol.gov/esa/forms/whd/WH-4.pdf

    If you are on H1, better to get it transferred to another employer before complaining, so that your old employer doesn't retaliate by withdrawing your H1.



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