Monday, June 13, 2011

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  • visshy
    09-12 11:01 AM
    We went through the similar situation few weeks back. My wife's employer took her out of payroll for sometime as she could not get her EAD approved on time. But we had to convince the manger that the delay was infact the result of USCIS processing our application late and they checked our EAD application receipt notice to make sure that we applied beyond the 90 day mark . This would help immediate managers to make a decision infavour of us when in talks with higher-up's.


    Also if the application has been pending beyond 75 day , USCIS would allow you to make expedite request.


    Thanks
    what exactly does staying out of payroll involve? do they exclude the dates of unpaid leave on the paystub? do we need to fill up a new I9 form?




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  • knnmbd
    05-25 08:26 AM
    I presume this is independent of the Advance degree provision in Sec 508 of the bill. India/China would not qualify for the diversity visa program any way. Correct me if I am wrong.




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  • logiclife
    01-29 07:06 PM
    Wow...wait a minute here.

    He does not have the stamp in his passport for the new employer. If he has already quit his old employer for which he has the H1B stamp, then he probably must have a new stamp(for latest H1) for re-entering.

    First of all, he would be using his new I-94 that is attached to the new H1 he just got from his new employer. So his departure record would show him working for new employer. When he comes back, if he doesnt have visa stamp for the new employer, then it would be a problem, I am pretty sure.

    Better check with a lawyer newh1user. I am pretty sure you will need new H1 stamp that is tied to new I-797 if you exit USA and give your latest I-94 when leaving.

    Also, think about getting an H1 stamp overseas in Europe while you are at this situation. If you have a bachelors or masters degree from United States, then getting H1 stamping in countries other than your home country is not a big challenge.




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  • willgetgc2005
    10-31 04:16 PM
    This This happened to me as well. My AP which was approved in 2005 and has already expired had an LUD today. I have an approved AP in 2006. But my expired 2005 AP had LUD.

    In August my I-140 which was approved in 2005 had an LUD. God knows what all this means. My 485 is pending becuase of retrogression.









    Hi all

    When I checked my email on Saturday I got 10 emails from USCIS.
    5 of them for my 485, 5 of them for EAD I applied in 2004.

    My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)

    Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
    On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.

    I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.


    I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.


    Any one got similar emails......
    __________________
    Thanks



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  • pcs
    07-17 03:52 PM
    ...




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  • rrk
    03-18 02:15 PM
    Yha i got my EAD through Spouse.

    Is corp to corp a better option or should i ask my other XYZ company to file for my H1B?

    rrk,

    you ned to be more specific about your situation in order for us to give our 2 cents.

    1. Did you get EAD thru your spouse...???

    2. If Not then being on bench is not good since you are on H1b. Try to to get employed...ASAP.



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  • smuggymba
    03-16 10:39 AM
    My employer applied for LCA to extend my H1 and it was denied and they told me that prevailing wage determination with NPWHC is required to apply for LCA since jan 2010. Is this true?
    If anyone has gone through this please respond. Thanks.

    pretty common issue...the lawyer needs to send docs like tax returns with the FEIN on it and they will update their system. Generally happens to new, small employers. No reason to worry.




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  • nda050325
    02-12 01:07 PM
    Hi KaylaMarie,
    I will answer your questions to the best of my knowledge:

    ======
    Hi All,

    I am currently on h4 visa and have been searching for a h1 sponsorer to do h1 workpermit visa in the coming april 2009 lottery (if there is one).

    I am very new to understand the rules and regulations and seek help from experienced folks here.

    1) If i file a non-profit h1b visa , i was suggested that i can work immediately, is that true?

    ANS: Not sure on this, but have you checked if you can get a non-profit h1 visa sponsor in your field of interest (biotechnology)?

    2) If i file a normal h1b visa, now in the april 2009 lottery, is it ok for me to go back to home country after filing the visa, because even if it gets selected and approved in lottery i can work only from oct 2009 right, so what happens if i go to home country, how can i get stamping because i have not yet started work and will not have any pay stubs.

    ANS: You dont need to worry about paystubs since you are autorized to work only after 1st october. You would need a stamping to reenter US.

    3) I have been searching monster, indeed etc to find a sponsorer for my visa, i attended 2 interviews till now and cleared them too but when it comes to work permit they are not willing to do h1 for me. I have lost all hopes and posting here to find out if there are any companies who are willing to do h1b.

    I am not in software field, i am in to bio technology and i am looking for the post of clinical research coordinator or clinical research associate CRA , CRC.

    If any of you know any company which does h1b for CRA, CRC it would really be helpful if you could post me the link of the company here.

    ANS: Like you yourself wrote, this question is best addressed in a job seeker forum. But You should also realise the current state of the US economy (3.6 million jobs lost so far in the last 14 months).

    Good luck with your trials.



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  • nonimmi
    07-02 10:03 AM
    I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
    Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
    Can anyone answer me? I really doubt the people out here.

    Did you ask your parents whether you were born legal??
    Some of have that doubt. Can you clarify please?




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  • raydhan
    01-01 02:22 PM
    Absolutley interested in getting this movement going. Having been looking for this type of vehicle. Happy to see some Oklahoma interest.
    The ability of filing I485 even without PD's current is my prime goal at this time, want to fight for all round reform.

    Dear Ananth Prasad,
    If you are sincerely interested in joining this intiative, please email me at raydhan@hotmail.com.

    Happy New Year.



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  • eb3_nepa
    02-03 12:53 PM
    Ragz

    I would LOVE to meet the good Senator. However there is this debate that whether we shud wait for the specialists to give us points or make them ourselves.

    Let us be clear on what the approach is.




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  • jliechty
    March 28th, 2005, 07:23 AM
    Has the 4GB card been formatted with the FAT32 filesystem in your computer? The D100 supports FAT32, so greater-than-2GB memory cards should not be a problem in theory. :confused:

    BTW, I've not yet heard of viruses getting on memory cards and affecting digital cameras, yet. I'm sure the day will come, as digital cameras become more powerful and [perhaps] start using more general purpose processing units.

    Emmergency appoitment at chennai for h1 stamping [Archive] - Immigration Voice

    View Full Version : Emmergency appoitment at chennai for h1 stamping




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  • desi3933
    07-10 09:29 PM
    Any inputs on what to provide to HR or atleast how to explain that visa is not required, is appreciated.
    Thanks.

    Take printout of this page
    USCIS - Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=1847c9ee2f82b010VgnVCM10000045f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)


    .




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  • snathan
    02-23 06:53 PM
    I successfully ported from EB3 to EB2 in the same company while on EAD

    Now i am working on the new Eb2 position using the EAD obtained from the EB3 position. I have still not filed my Eb2 485 since dates are not current (priority date jan 2007)

    The new Eb2 job description was similiar to Eb3 but the difference was that now it required masters degree and 1 year experience. This is becasue of more resposnitlity and supervisory role in the eb2 position. Also natural progression...

    I qualified for the Eb2 position without using the Experience gained in the existing company. I had masters and previous experience which was used for qualification....


    Also the older Eb3 position does not exist as it was modified to the new Eb2 position as the role now required more complexity...

    Sharing my experience and wondering if everything is ok with my current situation? I do not have a h1b. I still work on EAd obtained from the Eb3 app and travel on AP and have not had any issues yet....

    Porting is not walk in the park anymore. USCIS is scrutizing everything...you should be ok as long as everything is documented properly. Keep us posted.



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  • gcbikari
    03-18 11:57 AM
    Most of people file taxes jointly and so I am wondering if it becomes an issue for spouse on H4 about false info on income.

    If your wife is on H4 she has no income hence she qualifies for free medicaid insurance. provided you fill out the forms the right way.

    And there is a seperate Health insurance sponsored by government for kids below 18 years. based on your wife's Medicaid, your child can qualify for that insurance in your state.

    You might need to buy insurance for you.




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  • eb3_nepa
    06-22 09:16 AM
    Agree.
    Initial Evidence for I-485 includes
    1. Copy of approved I-140 (or concurrent filing or I-140 receipt)
    2. Employment Letter (for GC job)
    3. Proof that person is maintaining valid status in USA since last entry in USA

    Not a legal advice
    ----------------------------------
    Permanent Resident since May 2002

    When you say

    Proof that person is maintaining valid status in USA since last entry in USA

    What documents prove that exactly?



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  • txh1b
    08-20 06:27 PM
    Does she have a 485 pending as well?




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  • EndlessWait
    02-21 03:41 PM
    I filed my LC on June 06. The Certification was denied on Feb 07, I filed an appeal right away, and I have not heard anything. I called the DOL so many time and they gave me the same response: "Your case is in process, we work on first in, first out, and we do not expedited cases, we don't have a frame time" That is not a concrete answer.
    There is any body that faced a similar situation, Please advised�. what to do!!!!
    Thank u.

    no accountability..just pay the fees, shutup and wait..

    sorry dude but that's the reality




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  • martinvisalaw
    07-28 11:50 AM
    Is there a maximum limit for duration one can stay away from USA and come back on Advance Parole ?

    No, no maximum. You just have to have had the AP in hand when you left the US.




    gchopes
    04-25 12:38 PM
    Hi all,

    I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).

    gchopes




    DSLStart
    10-02 09:22 AM
    If he'll be receiving his paystubs for each pay period for next three months, he should still be in status.

    Is the employer-employee relationship going to go on for 3 months? (ie. is he going to go to office, get paid at usual intervals etc)? If so, he is fine, he is in status. If he has been laid off, has no access to teh office anymore etc, then as far as H1-B goes, the employer-employee relationship has ended and he is out of status; he should transfer teh H1 asap.



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