Friday, June 24, 2011

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  • dask
    04-20 07:55 PM
    Just got my passport renewed at SF.
    Applied in person and opted to get it back in the mail.

    Got it in hand exactly in a week from application date...(pretty smooth)....

    And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.

    They will adjust it properly in your passport for you...

    All the best.

    Hi All,
    I am scheduled to visit India in July-09 and comeback in August-09 this year, My passport expires on Nov 2009. I will be using AP and also I have H1b stamp valid till may 27 th 2010.Is it necessary to renew the passport now or I can do it after I come back from India, is there any rule that your passport has to be valid for more than 6 months while enetring US?Please advice
    Thanks
    EB3-I
    PD Jan 2002
    I-140 cleared in 2006
    I-485 received date Aug27 2007





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  • senthiltamil
    09-22 08:48 PM
    I applied for my AP on Aug 24th. I haven't seen any update on the case. May I know when you guys applied for it?





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  • amdn123
    11-08 11:38 AM
    Hi everyone,
    I am trying to reschedule my H1B appointment as my contact in mumbai failed to deliver the DS-156 and DS-157 to the consulate in time (5 business days prior). However, I can't book a new one till the old one is cancelled and the system won't let me cancel 5 business days or less before the current appointment. Does anyone know what to do? It must have happened to someone before? I really need to get back to the US in 10 days.
    Thanks!!





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  • HRPRO
    02-24 08:41 AM
    I am not sure if BS (3 yrs) + MCA is considered to be equivalent to MS or not. But if it is, then you can definitely file for EB2 (MS +0). However, your company will need to have a job that requires these qualifications.

    Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.

    I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.

    Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...

    Sorry Bostongc

    I am certain you cannot count expeience gained from your current employer even if you are applying for another position. All attorneys are aware of this and will advice you not to do.

    Sorry for not being able to give an answer in the affirmative but that is the fact.



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  • greencard07
    09-26 10:18 AM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!

    July 2 filer with NSC, receipt notice on Sep.7, Spouse's EAD approved and card ordered today. But mine is still pending. It seems NSC is speeding up for EAD. Good sign anyway.





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  • gxtrader
    08-16 05:21 PM
    Please?

    Kindly inform your friend that uscis is just accepting application for skilled workers at the moment.



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  • sammyb
    10-19 04:54 PM
    if you want to pay $100, it is easy. lesser amount is very difficult. I went through pain of using my banks online bill pay. It took me an hour to set it up. And couple of days back I received an email saying the bill has been returned - probably because it is more than 90 days!

    I lost valuable time , IV lost some donation.

    I am not sure why paying less than $100 has been made so difficult.

    if you ask me I would feel comfortable to contribute a varying amount of donation every month ... at present we have pre-determined donation option ... which I feel sometime deter people from contributing ... unless we have some issue from the service providers, can go for a user entered donation option along with the existing pre-determined options ...





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  • Ramba
    03-26 12:16 PM
    no, it is not the same position. the two positins have 2 different classifications and requirements. the first position (I have LC certified for) is a financial analyst which requires a bachelor degree. the second position is a senior financial analyst (for which LC was denied) which requires a masters degree and it is supervisory position. I asked my employer to request masters + 2 years experience for the senior position but lawyer said that my experience was acquired while working for the employer (while I was working as a financial analyst) so that experience can not count toward the senior position. this was a genuine promotion and not just to apply for EB2.

    any feedback is appreciated.

    May be those are two different position. But both are same occupational classification as per SOC/ONET. The employer can not request BS and MS for same occupational class. Conventionaly, the senior/supervisor level will be achived by experience in the occupation not by education.



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  • EB3_SEP04
    07-01 07:37 PM
    Hi All,

    I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.

    Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.

    Preferred Vendor X > the Client C

    Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?

    Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.

    Can he do so? - Theoratically yes, practically: highly unlikely.
    if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
    - a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
    -many consulting companies do not pay salary while the guy is on "bench"
    - they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences

    - a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?

    In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.

    bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.

    Good luck buddy!





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  • ivy55
    07-17 09:26 PM
    How did you open Expedite SR, I opened SR nearly five times, took two InfoPass, yet not FP ?



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  • eb3_nepa
    01-08 04:36 PM
    The H4 to H1 applied in 2006 quota is very slow.Some cases are getting approval even in jan(one of my friends wife got approval last week).

    No rule yet to exempt H4 from H1 quota.

    Hi,

    Do the h4's in this year applying for an H1 need to start sooner than normal h1 applications?





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  • GlobalCitizen
    07-27 10:31 AM
    Thank you every one for your help. I have decided to apply!



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  • pratikgr
    08-08 08:30 PM
    Based on my limited knowledge and what I have read...you can join some community college during that time to do some short course in order for you to NOT GO OUT Of STATUS and this acts as a bridge. I think during this short course period you would have to go back to F1 and then convert from F1 to H1. The other thing is to go out of the country and re-enter again on H1. These are the only two options coming to my mind. But wait the third and more realistic option would be to find a position in any University related to your profession as then you are out of H1b quota. Good luck and warm regards

    what do you mean by find a position in any university. I think then also you need H1 visa and that can not fill the gap of those 4 months.





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  • indyanguy
    11-14 09:07 AM
    Assume one uses AC21 on EAD. Now, when there's an Employment Verification RFE for I485, is it possible to submit a letter from an employer B even though one was working with employer A at the time of the receipt of RFE?

    The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?

    Thanks!



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  • njdude26
    08-27 11:33 AM
    you are not getting my point. im trying to see if this MBA will help with STEM/SKIL and get me a GC. that is all im interested in.
    will it help me or not is the Q ..





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  • optimystic
    04-06 11:41 PM
    there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.

    I can't say how much weight this statment holds...

    I mean, there are ongoing discussions in other posts about some employers reluctant to accept EAD holders (willing to use AC21) since they may have to do some amount of 'sponsorship' for such people and suggestions that these people claim that they don't need any 'sponsorship' theoretically from the employers ...they can file EAD extensions themselves.....

    In light of that it seems as if once you invoke AC21 you can choose to support your I-485 status & EAD, attorneys etc completely yourself, and thus the concept of 'sposoring employer' totally vanishes.

    Its possible that USCIS can still hold you to the (diluted)intent of "continuing to work in the same job role as originally claimed in I-140/I-485" for a general period of time after getting GC, but not necessarily stick with the same current employer. The AC21 invokers already cut themselves off from the original sponsor....doesn't make much sense to force them to stick to current employer, who may or may not have sponsored anything at all towards the employee's GC.


    So AC21 invokers get a degree of freedom ( --can't tell what level of freedom though, with the impending restrictions possibly in future in AC21 -- ) regarding showing the *original intent* after getting GC.

    And since people stuck with same original sponsoring employer and get GC while still with them, can not invoke AC21 after getting GC to port their "original intent", it seems they would continue to be stuck with the same employer for 6-12 more months (unless fired/laid off of course, in which case one becomes a free bird :) )

    [Not sure if I put my line of thiking properly in the above paragraphs...if you get confused, please ignore the post :) . It would definitely have been worse, if I tried to speak , rather that write this :D )



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  • go_guy123
    02-28 09:53 AM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:

    The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.

    Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)

    The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.

    Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.

    These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.




    http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)
    http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/DpyqOn5n_Us



    More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)


    In the era of big government and job growth mainly through increased government payrolls, we will see more of such jobs being "created" and "invented" and in case of the USCIS the costs being passed on in term of increased fees etc.

    Unless US is dragged to WTO over these out of control H1B/ L1 fees this will never stop.





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  • senthil1
    03-05 08:53 PM
    We cannot justify the opposition to price increase as INS expects the fees to be paid by employer. So if needed employers can oppose not the employees. Only fees the candidates expect to pay is citizenship fees and all other immigration related fees should be paid by Employers as they are sponsoring gc


    USCIS fees cover none of the activities you mentioned.





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  • GooblyWoobly
    09-25 01:42 PM
    3)Once you got EAD card onhand you can directly go to any nearest SSN office and apply.You should get SSN card with in 15 business days or earlier..

    HTH,

    Just to make sure you don't get confused about Answer 3..... No, there is no time limit within which you must get the SSN. You can apply any time for SSN as long as your EAD is valid. But I see no reason why you should wait. Moreover, if she starts working, she cannot get paid until her SSN comes along.





    gcisadawg
    04-07 05:06 PM
    sam_gc,

    Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.

    There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!

    Rgds,
    gcisadawg





    lazycis
    02-13 01:02 PM
    "Amnesty to LEGAL immigrants!"



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