الأحد، 26 يونيو 2011

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  • disco
    02-11 01:11 AM
    Nikhil2,
    I have a similar situation. Same Company, Same position Name. Different Job Requirements & Job Description. Old Labor RIR EB3 (PD 2003). New Labor EB2 PERM.

    My Lawyer seems to be comfortable & Confident. He is the one suggested this approach. Earlier I requested if we could apply for a different position with the same company. He decided to go with above approach and felt confident about it and also advocated the above to be a right and easy approach.

    I am not a lawyer. But our company lawyer is very experienced and has big clients in Silicon Valley. Also He has done a lot of H1/Labor/Green Card for our company itself and hence I have confidence in him.

    Hope this is helpful. People please let me know if as per your information this could be inappropriate. If that is the case I want to raise this at the right time as the labor application is still in a very initial stage.

    Thanks


    I plan to transfer the priority date of an old LC to a new one. My attorney said my case won't work, since the two LCs belong to the same company and the positions (job titles) are the same. She indicates at least one of them needs be different.

    I spent a whole night and cannot find any info about this.

    Do you happen to know this? Any comments or links would be appreciated.




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  • bharol
    08-15 01:29 AM
    I have now created public spreadsheet for the status of the people on this forum. You do not even have to login to be able to edit it. The url is as follows:

    http://spreadsheets.google.com/ccc?key=pQG8H7vLQOz5-YnFYQw71PA&hl=en

    I may have missed some people, so please double check and add yourself. Please make sure that the date format is the same as existent so that it becomes consistent and easy to slice , dice and research. Please do not sort the data. We will sort it later on. If you sort it, the title row is also sorted plus there is too much of sorting while people are editing.

    How to add an enty?
    it does not let me.




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  • corleone
    11-13 09:30 AM
    Well friend.. If you are not aware of any specific culture or any nation's tradition in specific, then please dont comment anything.
    Happy Diwali was targeted for the readers who cared to understand it at the first place. and BTW you NEVER answer any of his questions to start with..
    Directing a newcomer to Google search is NOT a intelligent answer if you thought you answered any of his questions..
    Never mind.. I think you got my message.

    First off, I did answer his question, read my first post.

    Second, directing to the google didn't come from me, he is the one who pointed me out to the google, I just copy/past his answer in my reply!!!




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  • lazycis
    01-15 11:04 AM
    See also

    http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument

    On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001

    The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.



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  • jonty_11
    12-14 02:15 PM
    Class of admission means the class/status she was admitted into the country with. So I think u should use H4. I think u should mail it together...




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  • aranya
    01-15 02:44 PM
    Yes, it's indirect deduction.
    Thank you; my reading of the law is also the same. However, a few of years ago (post-2001) both inside and outside counsel hired by my company came to a different conclusion. Hence, my parsing of the words.



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  • pointlesswait
    01-28 05:21 PM
    Obama's Father.. was from kenya :D




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  • indyanguy
    08-07 09:27 AM
    I was curious to know if LC/140/485 will be processed simultaneously or if they will be processed one after the other. If latter, what might be the approx time taken in NSC for LC and 140. I understand that it's difficult to predict the time for 485.

    U mention what u have filed and what u r expecting.

    I think almost everyone has filed 485/140/EAD/AP.
    I am just curious what exactly you want to know. Do you want to know when you will get your GC or about the receipts.

    If you are looking for receipts, there is a thread going on for July filers by the name "July Trackers".
    If you want to know when you will get your GC then i am sorry to say, even GOD cannot give you an idea.

    I hope this helps.

    Meanwhile, please work on some action items and your wait will become more easier.



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  • nivasch
    11-22 05:27 PM
    Arnet

    better check with your immigration attroney for your situation.

    It is better to have all visa related documents including I-797, LCA, I-129, passport, w-2, pay stubs, current company employment letter, appointment letter, resume, bank financial statements, work experience letters, etc. call the consulate and verify the reqd docs before you go.

    regd AP, if your previous visa stamping is expired in passport then it is better to have AP when you go outside country for visa stamping. just incase if any problems with your paper and if they didnt stamp, atleast you can use AP to enter US. If previous visa is not expired you can come back to US using that at port of entry and you can go back and get stamping later. better check with your immigration attroney for your situation.

    If you use AP, you should use EAD to work. You cannot use H1 unless if you get H1 stamped in your passport OR if you have already stamped, you need to re-enter US using H1 at port of entry (but either case, you need to go outside US and enter).===>I Just want to input my exp.. here , i am using my AP ( i used Twice as of now) and still working on H1. Only thing is i am still with same employer, who filled my GC and recently i got my 3 year H1 Extension also.
    also staying in H1 is better compared to working in EAD (if AP used at port of entry) because if I-485 is denied in future, you will be considered as "out of status" when you are in EAD and you can't file for another I-485 because you are out of status (unless if you come under certain USCIS relaxations you can file again). But in H1 even if I-485 is denied, atleast you can file another I-485 because you are in status.

    some say if your GC is approved when you are out of country, then you need to use AP ONLY to enter US as they say H1 wont be valid if GC is approved but I'm not sure abt this.

    good luck.




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  • WFGC2006
    02-15 10:53 AM
    has anyone heard about the following? don't quite know where it is originally coming from. it's from here (http://www.greencardapply.com/news/news09/news09_0210.htm)

    2/10/2009

    When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.

    Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.

    The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.



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  • drak70
    04-09 05:27 PM
    This one was posted originally at http://immigrationvoice.org/forum/archive/index.php/t-20450.html. Just replace USVI with Hawaii.



    My friends took a vacation is US VI and they have full inspections there.YOu better have your documents with you in person

    http://www.usvi.net/us-ins/html/2travel_back_....html

    Traveling Back to Puerto Rico and the Continental United States

    Due to the location of the territory, the United States Virgin Islands has a pre-clearance inspection process for all flights from the territory to destinations in Puerto Rico or the Continental United States.
    .




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  • smuggymba
    04-11 12:43 PM
    I was looking for getting VISA for my Niece and Nephew, who are below 14yrs. But I didnt find an option for them not going to consulate.

    it take more effort n paperwork to get the visa without going to consulate even for the kids below 14, better option is to go to consulate.

    My 4 yr old niece went in person for the visa along with an adult of course.



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  • pappu
    07-02 09:39 AM
    I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.
    Once you go out of the country without filing 485 or getting EAD after 485. Your 140 and LC is still valid (provided the employer has not cancelled it). If the job and position for you still exists in the company (and the company wants you for employment), you can file 485 from anywhere and go for councellor processing.




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  • sanjeev_2004
    10-11 05:39 PM
    If spouse uses EAD for employment, what I heard is that the H4 status is no more valid.

    In this case for any reason, if the 485 is cancelled, spouse will be out of status.

    Primary can transfer h1b (if possible) & still be legal, but spouse is illegal to stay any more. There is no legal provision that once on EAD, spouse can switch back to H4. Is this true? I am worried and don't know whats really true.

    Gurus Please guide.:confused:

    I asked similar question to my attorney regarding my wife. My attorney told me. After she use her EAD my wife will be in status until her I485 is pending. She doesn’t need H4 or any other status if she wants to sit in home after using her EAD once.
    I didn’t asked with many ifs and buts but I guess once your wife uses EAD your wife will be in pending valid status until her I-485 is not canceled.

    Usage for your EAD and usage of her EAD is totally independent. But if your I485 cancels her I485 will cancel automatically.



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  • eadguru
    10-31 08:19 AM
    Query on Advance Parol. Send Clear Copies of Passports and I 94 Cards.
    Question? Does I need to send all I 94 Cards of each H1B and all copies of passports with all pages.

    I appreciate your suggestions..
    ----------------------------------------------------
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/17/07.

    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/24 from VSC. Received 11/01
    AP - RFE for clear copies of PP 10/31
    No Finger Prints




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  • hopelessGC
    04-28 11:45 AM
    The thing is it is kind of strange that they are working on Sundays to reopen cases.
    I hope things work out for good for everyone.

    In my wife's case it is just a soft LUD. She is not even using that H1-B anymore.



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  • redcard
    08-17 02:36 PM
    Hi Everyone,
    I'm trying to get my SSN Done. I'm on a dependent H4 Visa and have my H1 approval .
    I visited the SSN office with My I797, State ID and Passport : SSN officer straightforwardly rejected as I dont have my EAD card.
    The Officer asked me to visit USCIS office to apply for EAD.
    Please help me with this situation..Does a H1 get an EAD and then a SSN?

    Thanks N Regards,
    Sushie

    Sushie

    You can either be on H4 or H1.If you are on H4 you will not get an SSN No. Dependents are not eligible for SSN. You can get a denial letter from SSN office which will help you to get a Drivers License.

    In case you entered the country on h4 and have now changed to H1, you would have received the approval notice with a new I-94 card printed on it at the bottom of the notice. Show that approval notice to SSN office and explain that you have changed your status to H1-B while in US. That should get you an SSN. On the other hand if your approval notice does not have the I-94 printed at the bottom of the notice, that means you have an H1-B approval but need to go out of US to get your H1 visa stamped. Until you do that your status is H4. So please check your approval notice,




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  • anilsal
    08-05 03:24 PM
    Probably that is what will happen. The last 45 days have been extremely stressful on the applicants and lawyers. I hope USCIS ignores some simple mistakes.




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  • nepaliboy
    05-21 10:08 PM
    hi thanks your input.
    what about my Lud ? when i will see lUD ? I took biometric yesterday and my pd is curent now.

    LUD = LastSoft LUD = status did not change due to updat
    Hard LUD = status changed, if registered, email will be sent.

    Registration process:
    1. register at https://egov.uscis.gov/cris/jsps/index.jsp as customer
    2. Add cases to your portfolio, in list display it will have the following columns
    ....Receipt Number
    ....E-mail
    ....Last Updated (by USCIS)
    ....Form #
    ....Title

    The Last Updated above is LUD.




    kaisersose
    09-17 12:17 PM
    Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.

    If you hear anything different from a legit source please do let me know.

    Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.

    I am pretty sure your lawyer is wrong. Many lawyers assume the same rule of H-1 to H-1 transfer applies everywhere which is not the case. A change of status is not the same as H-1 to H-1.

    A H-4 to H-1 will take effect on October 1st. The surest way to not let this happen is if she has a valid H-4 visa stamp. She can get out of the country on Sep 30 and return back on Oct 02 as H-4.

    The other alternative is to apply for a H-1 to H-4 status change and wait it out. This status change is not effective until approval which can take a while. Meanwhile she will be on H-1 without pay which is not good.

    There may be a third choice where the employer cancels the H-1b as she does not intend to join. Then she is in 485 status from October 1st and can apply for a h-4 extension. But this option has to be confirmed by a $450-for-15-mins attorney. If this works, this is the simplest and cheapest option (minus the attorney fee)




    natrajs
    05-12 10:09 AM
    Congratulation �KOSU

    I got mine yesterday evening.
    Thanks IV for their support during Green card painful journey.

    Priority date:- June 2002
    EB Category:- EB3
    Approved 140: September 2007

    Change the Job September 2007
    Change EB3 to EB2, Recapture old priority date June 2002

    New I140 approve FEB 2007 Premium processing.
    New Category EB2
    RD I485- May 2007
    FP July 2007
    NC: Not sure
    I 485 approved:- 05/09/2008

    Congrats and Best Wishes



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