Thursday, June 23, 2011

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  • logiclife
    06-20 01:58 PM
    UPON MORE INFO, I HAVE FOUND OUT THAT YOU NEED EMPLOYER'S LETTER AS INITIAL EVIDENCE, SORRY FOR THE MISUNDERSTANDING.




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  • gimme_GC2006
    07-31 10:42 AM
    Hi,

    I will be traveling to India tomorrow and My AP expires 30-Aug-2010. My trip is only for 10 days and I will be back by Aug12.

    So I was wondering if there will be any issues at POE or in India, since my AP expires in less than 30 days?

    This is my second trip on AP.

    Also, what all I need to carry? I have EAD, Employment letter, 485-receipt, 2 Pay stubs, W2 ?

    Adding to this, my PD will be current from Aug-1st :(

    Any suggestions, inputs most welcome. (This is a medical emergency with parent.so cannot avoid)




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  • karthikgk
    10-19 02:11 PM
    Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.

    My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?

    Best,




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  • chris
    10-18 08:22 AM
    Hi Kitiara,
    Ive had a look at your animation, and Ive got the size down roughly another 2k.

    What I did was I opened up the animation in fireworks and exported/optimised each layer, then I reopened each image and put them back on the canvas which I then trimmed to match your layers.

    What you could try is to only use photoshop for the image work and apply the text from fireworks, I'm not sure if this would make much of a difference but it might reduce it a further couple of k.:bandit:



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  • stuckin140
    01-31 09:27 AM
    What are the requirements to port from eb3 to eb2 with just an i 140 approved? I am happy with my current employer. I have worked with this company for 5 years now. I have a master's from a well known university in the US. At the time of applying for gc, attorney and company advised to file in eb3.
    Thanks.




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  • h1techSlave
    10-28 02:14 PM
    what visa are these legal immigrants coming on?


    The author is talking about Family visa categories here.



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  • Canadian_Dream
    06-18 02:31 PM
    That's NOT right. AC-21 Yates Memo states that:
    As long as your I-140 is not revoked and your I-485 is NOT adjudicated with in 6 months, you are covered by AC-21 portability law. That means you can change jobs before six months (with or without EAD) and still continue with you GC process.

    The chances of I-485 being adjudicated in six month is quite low. Stick to your current job for 2 months, remain on payroll for few months by forgoing PTO/Severance. That would give you 3-4 months. Then change your job with H1B and let your I-140/I-485 continue as it is. Send AC-21 letter at the end of 5th month. I think you should stick to your current employer.

    Please check old thread on AC-21 discussions and the following link should be useful.
    http://www.murthy.com/news/n_yatmay.html





    To invoke, AC21 you should have filed 485 and passed 180 days.

    In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.

    Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.

    If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.

    CONTRIBUTE TO IV.




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  • UKannan
    04-23 01:03 PM
    I just got notice that my cards have been sent for production for my family and I with the exception of my 3 year old son. They have asked for an RFE for him. Has anyone come across this issue? I assume its something basic like photo or updated medical?? Please help.

    Post the RFE.



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  • LC2002
    10-26 03:25 PM
    Picture on this is scanned image of original picture you sent.

    It is like h1 aproval notice with a photograph in it




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  • Circus123
    10-06 09:02 PM
    Thanks



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  • meridiani.planum
    03-12 06:38 PM
    Would anyone know if there is a third valid case for H1 extension i.e.

    LC approved, I140 pending (just a month) but LC is less than 365 days old?

    My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?

    From what I know your options are:
    - recpature time outside
    - spend some time outside right now
    - change status to H4, then back to H1 when LC is old enough

    if you have filed your 485 you can even jump to EAD, then file the H1 extension when eligible. You would need to leave the US and re-enter to activate that H1 (because using EAD would have put you into this AOS-Pending status)




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  • kshitijnt
    06-03 05:40 PM
    Set up your own company LLC. and ask them to sign corp-corp or 1099 and you be the sole owner of this company.

    This way even if you dont get full time offer you can defend self employment.

    W2 Contract can be a problem because of USCIS's perception of permanent job.



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  • sbabunle
    01-25 10:37 AM
    If the govt can lobby for nuke bill, why they cannot do it for techs?
    Govt well know that a big chunk of money is gonna come from NRIs and even bigger will come from future NRIs. To sustains India's growth they need it big time.
    In my opinion it would be a good idea to seek Govt of India's help..

    thx
    babu




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  • ivar
    04-23 09:29 AM
    I think we need to start one more thread to get responses from people who's H1b extension is being denied in last two months and what were the reasons behind it. This will help to get a clear picture of whats happening.


    Hi All,

    Anybody got any H1B extensions approved in the last 2 months - Please reply to this thread.

    Been hearing things that H1B extensions are getting RFEd and even denied. Don't want to depend on rumors.

    Thanks



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  • cagedcactus
    11-09 09:17 AM
    this sounds a bit complicated and I doubt anyone here is qualified enough to give you a true answer.
    Maybe talking to several lawyers will help you in best manner. I had a similar scenario. Although I had the original labor. (not substituted)
    I paid a few laywers their time, and went to talk with them.
    They suggested an appeal with explanation, and proper supporting documents.
    Talk with your lawyer. Your company must show the ability to pay, through all the tax returns, and incomes and all that jazz...




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  • nozerd
    04-09 11:50 AM
    Can someone please confirm if "Card Production Ordered" email from USCIS mean my 485 is approved and I have gotten GC ?
    I have only got this "Card Production Ordered" email and not an email specifically saying "485 approved". How long does it take after "Card Production Ordered" email to get actual card.

    Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?



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  • sunny1000
    12-15 12:37 AM
    Dear All

    I will be thankful to you if i can get the responses from some folks who have gone through the situation like mine.

    Here is the summary of my case -

    1) Came to US in 2004 on F1 visa.
    2) Got the job in 2006. Company A applied for H1B in 2007. Got H1B visa stamped on passport valid from September 2007 to September 2010.

    3) Was laid off on 16th Novmeber 2007.

    4) Company B applied for H1B petition on 21st December 2007 using regular processing. No pay check from company B.

    5) Company C applied for H1B petition in March 2008 using premium processing. Comapny C applied based on A and not based on B.

    6) Company C's petition got approved but with I 797 B. No I - 94 attached. Attorney asked me to leave the country and come back with a new I 94 as i have an almost brand new visa. I did so. And started working with Company C. Meanwhile, company B's petition was approved in May 2008 without Adjustment of Status (means no I 94 attached only I 797 B)

    7) Worked with company C from April 2008 to September 2008. Although, no pay check from 16th November 2007 to 1 April 2008 because company B did not provide any.

    8) Got the job with company D. Company D applied for H1B petition and it was approved with I 94 attached ( means I 797A).

    Now 2010 is coming and my visa will expire in September 2010.

    I want to go to India to get the H1B stamp on my passport with the current employer's I 797 (which is employer D).

    I do not have any documentation from Company B except receipt number for H1B petition. I do not have any pay check from company B.

    I have paycheck from 1st April 2008 to 31 September 2008 from Company C and 1st October 2008 to till date from Company D.

    Will i face problem during visa interview?

    I am thankful to your comments and suggestions.

    Thanks

    Even though the consular officer will not ask for the paystubs from that far back (since it is only required for the current year), he may review your tax returns from previous years(since I think it is still a requirement to bring all the tax returns for all the years you have resided in the U.S for a visa interview) and may find that your income on that year's tax return was low and ask you what happened. I am not saying he/she will for sure but, am asking you to be prepared to answer that question. Also, please be honest with your answer as they do sense a lie a mile away.

    Also, on a side note, if you have applied for Greeen Card, Please complete your profile to the best you can.




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  • Michael chertoff
    11-25 08:22 AM
    http://upload.wikimedia.org/wikipedia/commons/2/26/RajaObamaKitchen.jpg

    Now Do u know who is this with Barack Obama...?

    Guys from Chicago should be able to tell for sure....

    Look here at the link

    Raja Krishnamoorthi - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Raja_Krishnamoorthi)

    Wow..I am so proud of this inidan dude, he seems to be very close to Mr. President. Can you please ask this Indian guy to talk to President for our GC issue?

    Thanks

    MC




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  • sankap
    07-05 03:28 PM
    http://online.wsj.com/article_print/SB118359095890657571.html

    Reversal Frustrates Green-Card Applicants
    By MIRIAM JORDAN
    THE WALL STREET JOURNAL: July 5, 2007

    The U.S. government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a rare chance to apply for a green card.

    The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.

    The problem began June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.

    By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas can't be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.
    [Green-Card Limbo]

    The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents -- such as children enrolled in college overseas -- boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.

    "The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney and head of the state chapter of the American Immigration Lawyers Association.

    Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants," an agency spokesman said.

    Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year. "We are very sympathetic to the fact that people really had expectations � Folks spent a lot of time and effort, but it turned out they couldn't file, after all," he said.

    In the July 2 announcement, USCIS said it was "rejecting applications" to secure green cards, and the agency spokesman said it would return the paperwork of all the applicants. New cases will be entertained again in the government's next fiscal year, starting Oct. 1. However, applicants must wait their turn again, which might not happen for years.

    News of the revocation of the previously announced bulletin dashed the hopes of thousands of foreign workers, many of them currently on an H-1B professional visa normally valid for up to six years. These workers face the possibility of being forced to return home if their visa expires before they get the chance to apply for a green card.

    "My employer and I spent tens of thousands of dollars preparing for the day when we could file for our Change in Status application, only to have the [government] pull the rug out from under us," said Lawrence LeBlanc, a Canadian executive at AES Corp. in Arlington, Virginia. "We were devastated to hear this unprecedented news. We're not sure how we're going to tell our children."

    Because there are more employer-based applicants for immigrant visas than are available each year, people wait each month to see whether they have gotten to the front of the line. Often people wait years for the green light to apply, especially if they come from countries like India and China.

    The June 12 announcement set off a stampede to government-approved doctors, because green-card applicants must pass medical exams. Apurva Pratap, a Seattle-based senior manager for a multinational corporation, said he and his wife traveled 40 miles for a medical exam after they couldn't secure an appointment in town. To fulfill a requirement for a vaccination, they waited eight hours in a line that snaked around a mobile unit in Tacoma. Mr. Pratap, a native of India, has been in the U.S. since 1999.

    A spokeswoman for the American Immigration Lawyers Association said it has called for a congressional investigation. An affiliated organization is expected to take legal action via a class-action lawsuit. "This is an example of how badly our immigration system is broken," says Kathleen Walker, president of the American Immigration Lawyers Association.

    Write to Miriam Jordan at miriam.jordan@wsj.com1




    looneytunezez
    04-16 01:09 PM
    Per The California State Supreme Court, non-compete clauses in employment contracts are not enforceable in California, except under certain conditions.

    so it all depends on your state.




    richana
    01-22 05:58 PM
    Apply for CP asap it takes about 6 months from the date of application to get the GC if you are current. In the meanwhile re-assess your situation and apply for the H1-B in the interim you may have a denial but the CP is still in queue and H1-B rejection has no bearing on the CP application. If and when you are alloted the number for the resident status they cannot deny your GC on any other reason but that the company was a fraud or your petition had fraudulent information. If you do not meet the conditions above then your app is in jeopardy. Hope this helps. Good Luck



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