Tuesday, August 16, 2011

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  • krishna_brc
    06-17 02:56 PM
    Past 180 days, I-140 revocation does not create any problems. Even if you get H1 transferred, you can still get EAD renewed. Make sure new job has job duties 'same/similar' (soc codes matches)

    Hi GCCOVET,

    What will happen in the below scenario

    Company A sponsered GC, 140 approved and 180 days passed filing 485
    if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job?

    Thanks,
    Krishna





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  • cpolisetti
    04-10 05:12 PM
    I am from Oregon, glad to be of help. Sent an email.





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  • yabadaba
    05-22 08:24 AM
    Its time that "part time" members who dont care about the immigration voice on a daily basis at least make an effort to read the front page.

    "Immigration Voice has hired Patton Boggs, a top public affairs firm, to help us reach our goals. Patton Boggs brings a bipartisan, multi-disciplinary approach to helping clients tackle public affairs challenges. The firm’s government relations and communications professionals have a strong understanding of the White House, the U.S. Congress, Senate, Federal agencies, advocacy groups and the media. The firm and its members are consistently recognized as among Washington's most influential and effective by various publications. "





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  • sravankind
    01-09 10:17 AM
    dude post problems in threads in correct english.

    Thanks for suggestion
    if you dont understand the problem just leave it I know who are experts they understand what my intention and problem so I will get from them



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  • ssksubash
    11-13 03:37 PM
    Thank you all for your valuable input. I have a follow up question :

    Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.

    Here is the situation :

    My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.

    Thank you for your time.





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  • gparr
    October 6th, 2005, 11:13 AM
    Agree with Anders on shooting small birds. The limited success I've had has only come when I've regularly gone to a location and stood still/sat still so they get used to me. At a bird feeding station in a local preserve, I go during my lunch hour in the winter. I find that I have to stand in one location with camera/tripod set up. When I first arrive the birds all disappear. It takes about 30 min. at this location before they start making their way back to the feeder. I can watch them as they move from tree to tree, progressively closer to the feeder. After 30 min. or so, they'll start feeding and landing in close-by bushes and I can start shooting. Of course, by then, my hands and feet are frozen. The price you pay. Like Anders, I also have more success and shorter sessions if I'm able to visit the same place frequently. If I just had Anders' skills I'd probably have some good shots to show for the effort. This cardinal shot is one lucky result from a frozen-limb effort.
    Gary
    http://www.dphoto.us/forumphotos/data/1122/cardinal1.jpg



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  • desi3933
    02-18 10:03 AM
    Does it come under new H1b quota? Does it treated under cap and Does she/he need to wait for April to file for Change of status again? Any ideas?

    >> Does it come under new H1b quota?
    No.

    >> Does it treated under cap and Does she/he need to wait for April to file for Change of status again?
    No.


    ______________________
    Not a legal advice.
    US citizen of Indian origin





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  • Matt Peru
    08-16 10:42 AM
    Hi,

    My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?

    By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.

    Please throw some light on my case...


    Thank you very much.



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  • jasmin45
    08-18 12:14 PM
    EAD is not a valid status..just a document which provides you authorization to work in united states.
    There isn't much information on your post to see what fees are you talking about you may have to break it down and see what is it all about.





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  • averagedesi
    09-22 09:33 AM
    I am in the same boat, changed my mind to apply for AP in the last minute and mailed my application on Aug 16th, USPS messed it up and couldn't deliver it on Aug 17th, tried delivering it on 18th but didnt since offices were closed finally delivered it on 20th.

    Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.

    What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.



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  • rick_rajvanshi
    03-20 03:55 PM
    USCIS Announces New Requirements for Hiring H-1B Foreign Workers
    Changes Apply to Companies that Receive TARP Funding

    WASHINGTON � U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.

    The new �Employ American Workers Act,� (EAWA), signed into law by President Obama as part of the American Recovery and Reinvestment Act on Feb. 17, 2009, was enacted to ensure that companies receiving covered funding do not displace U.S. workers. Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an �H-1B dependent employer.� All H-1B dependent employers must make additional attestations to the U.S. Department of Labor (DOL) when filing the Labor Condition Application.

    EAWA applies to any Labor Condition Application (LCA) and/or H-1B petition filed on or after Feb. 17, 2009, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status. The EAWA also applies to new hires based on a petition approved before Feb. 17, 2009, if the H-1B employee had not actually commenced employment before that date.

    EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorized category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.

    USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding. USCIS will post this revised form on the USCIS Web site in time for the next cap subject H-1B filing period that begins on April l, 2009. While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010.

    However, USCIS urges H-1B petitions who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package. The single page referenced is the first page on the H-1B Data Collection and Filing Fee Exemption Supplement.

    USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS. This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labor Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition.

    For more information, please see the accompanying Questions and Answers document about the Employ American Workers Act and its effect on H-1B petitions.





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  • alahiri
    03-29 12:57 AM
    We need to contact the ombudsman office and talk to first Citizenship and Immigration Services (CIS) Ombudsman Mr Prakash . This office can pursue INS to change its policies and has the authority to do that.

    http://www.dhs.gov/dhspublic/display?theme=11&content=1355


    Please check the above link for more information.

    Thanks
    AL



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  • suny_saini
    07-24 07:20 AM
    does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?





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  • sk.aggarwal
    07-23 10:45 AM
    Moonrah,

    I am in exact same situation as you. My 5 yrs on H1 are completing on December 2009 and have around 4 months outside US. We are expecting lay offs in a month or two, I am planning to wait it out and use this time to prepare for the interviews. I reached out to couple of consultants to do my GC as future employee but could not find any one. If anyone knows of someone who can help me please suggest.

    Thanks



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  • gauravsh
    05-04 06:27 PM
    Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.

    After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.

    thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.





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  • ivgclive
    10-08 12:45 PM
    1. How can he use the PIO card to enter and exit India?
    I got PIO Cards recently, but not entered India yet. So far I used only visas.

    a. Does he simply show the PIO card, US passport to enter and exit India?
    I assumed the same. It is just like a "Visa", but not on the passport but as a separate booklet.

    2. Incase if the PIO card processing takes a lot of time I know that he can apply for visa. I was wondering anyone has experience on how visa could be applied if PIO processing takes a long time at the SFO consulate.
    It is efficient and less expensive on money and time if you decide before you apply. If you have couple of months time before travel, apply PIO or you have only couple of weeks appy for Visa.

    a. Do they return the PIO application and its supporting documents before visa could be applied?
    You are probably submiting copies of documents except the passports +/- birth certificate. Be prepared if you just receive passports only.

    b. Should a new visa application+visa supporting documents need to be resent for getting a Indian visa? I guess so, as the process is completely different.

    ------------------------------------

    There are no guidelines on web sites for the option you are asking for. So the answers are only "what you can expect".

    If you are close to SF, worth stopping by the consulate.



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  • lvinaykumar
    04-22 05:02 PM
    For me to even think of getting a GC i might have to atleast move to EB2 from EB3 :mad:





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  • go_guy123
    04-17 05:36 PM
    they will not "do away" with comprehensive..... if it fails this year they will bring it up again next year and next..... there is no room for piecemeal...... if there were.... they would do it after cir failed in 2006, but they didn't..... they could do after cir failed in 2007, but again they didn't...... or they could do piecemeal in 2008, 9 or 10..... the fact they didn't .... it just tells us that we ought to learn something here..... there is nothing called piecemeal & there will never be anything called piecemeal in this leg of immigration reform, other than our own fantasy world.... so get over it...... there is only 1 way to do it.... cir

    lets start the undocumented bashing party now......

    Eventually something's got to give. Standoffs don't remain forever. Just like 1st world war
    trench warfare was a standoff tactic but was eventually made redundant by invention of tanks.

    Same way this standoff wont remain forever (of course many waiting EB2/3 I might lose patience ), either GOP will get into power and force the piecemeal through or Hispanic caucus might gain even more power to force CIR through.

    Repeated failures might weaken the CIR coalition (Refer the Greg Siskind post about MALDEF chief few months back).





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  • vicks_don
    01-05 03:14 PM
    Today morning I posted in greatandhra.com which is frequently visited by people from Andhra Pradesh in INDIA. I am expecting some more members to join over the weekend.





    InTheMoment
    06-25 07:40 PM
    Employer pays lawyer fees/USCIS fees for I-485/AP/EAD as well as medical, photos, mailing and other incidentals for me as well as spouse: Basically everything.





    bobzibub
    01-11 10:36 AM
    Use dice.ca monster.ca or workopolus.com or something.

    It is true that the US will be heading for quite difficult times ahead.
    They've just posted a $T1.2 deficit and that is pre-Obama infrastructure program. They may have to deflate the dollar in order to pay it off as the countries that normally buy US treasuries are experiencing their own crunches. The financial bailout has the affect of being a huge wealth transfer from the middle class to the wealthy where there already is growing income inequality. Plus the Iraq war costs muchos dineros. In summary, I am bearish about the US economy, dollar, and future prospects over the next decades. Some economists say that the Bush (Jr.) years cost the economy (If I remember correctly) around T$9. A staggering amount.

    Canada has her fiscal house in order if not political house in order. (There will likely be yet another election in the next few months.). Canada has been posting government surpluses provincially and federally in the last decade or so, so Canada is prepared for what will likely be a mild recession. (The belief is that they'll be out of recession 2nd half 2009) Plus the banking system was not allowed to go leverage wonky like down here. So there is no big bailout, and no big financial issues. There are some credit issues but I believe that they are spillover from the US. Canada has buttressed the banks but to place them on an even keel with bailed out US banks. Scotia bank, for example, has rejected the efforts saying they're not needed.

    Wages are lower and taxes are higher but if you have a family it may be beneficial because daycare and other child related expenses are subsidized. I think it is 9 or 12 months paid maternity leave, for example.

    Job market is pretty tough. Though there is likely more unemployment now in the US due to differences of measurement.

    Pick your poison!



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