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Friday, June 10, 2011

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  • miguy
    06-25 10:22 AM
    I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify





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  • bashp
    05-13 10:12 PM
    I am in the similar situation. Attended for visa interview at Toronto US Consulate on May 6. VO just kept I129 (All the annexures), Client/vendor letters. Informed you will get replay within 1-2wks. Its already been a week, I didnt get any response back. Consulate called client on the same day. No updates after that.

    Appreciate if someone could let us know, usually how long it takes to get any status update ? I have been working with the same Employer/Client for last 4 years.





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  • pune_guy
    02-19 05:20 PM
    I would suggest that you follow the option of joining some other company, if that is possible. You would be joining with enough experience so as to qualify for a new EB2 application. You can retain your EB3 application and priority date if 180 days have passed since filing 485, which in your case has happened so you are OK.

    Trying to file an EB2 application through the same employer might be tricky because you cannot count the experience that you have gained with the employer. Even though a case could be made that you have a masters degree in business but I suspect that that may not be enough as, if I understand you correctly, you have no "business development" experience from your previous employment. Thus you would be a candidate with a degree but no experience.

    Just my two cents.





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  • immi2006
    05-24 10:17 AM
    Does not matter how many points, can u be one of the 6300 ?

    The points are not defined well, so do not speculate, it is not abt getting into Wharton / or yale, it takes years to implement a working system, look at Perm, they started in 2001, it took 4 years to implement.



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  • cox
    April 4th, 2005, 10:07 PM
    Thanks for the suggestions guys, I'll try 'em out. :)





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  • himu73
    04-09 04:33 PM
    Himu, I have been following IV for months now and have been doing my small part lately. I wanted to post this because like you I also want other readers to be aware of what other people think of Senior Members. I don�t share your sentiments where you say Senior Members have heckled people (I am also a Junior Member). In fact they have been more then helping.

    Now, let�s talk about the point you have raised. Tell me, which part of janakp's post you found heckling or offensive? To me he is giving the obvious answer, which anyone following the forums should have known already. We can do this, we can do that and of course everything that we can come up with but for everything we need VITAMIN M (DOLLARS).

    My friend you must be aware that we are short of it (as you seem to be an avid follower of IV). As far as I understand we barely have the money for lobbying. So, I ask you what would be your response to any idea, which needs money to be fulfilled?

    Just want to make sure over here .You think janakp telling nath.exists to start contributing (if he is not already doing so) to achieve our common goals is heckling Check for yourself (http://dictionary.reference.com/browse/heckling)?


    .............................................

    $60 + $20 (recurring contribution)


    I understand your point. Only thing i wanted to suggest is that we should give response related to the question. Contribution is an integral part of what we need to do. People who are here understand that whether they are contributing or not.



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  • lazycis
    12-21 01:31 PM
    Here is a shortened version:

    1151
    d) Worldwide level of employment-based immigrants
    (1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to—
    (A) 140,000, plus
    (B) the number computed under paragraph (2). (i.e. unused family-based visas from the previous year)

    1153
    (b) Preference allocation for employment-based immigrants
    Aliens subject to the worldwide level specified in section 1151 (d) of this title for employment-based immigrants in a fiscal year shall be allotted visas as follows:
    (EB-1) Priority workers
    Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5)
    (EB-2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1), to qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States, and whose services in the sciences, arts, professions, or business are sought by an employer in the United States.
    (EB-3) Skilled workers, professionals, and other workers
    (A) In general
    Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), to the following classes of aliens who are not described in paragraph (2):
    (4) Certain special immigrants
    Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified special immigrants described in section 1101 (a)(27) of this title (other than those described in subparagraph (A) or (B) thereof), of which not more than 5,000 may be made available in any fiscal year to special immigrants described in subclause (II) or (III) of section 1101 (a)(27)(C)(ii) of this title, and not more than 100 may be made available in any fiscal year to special immigrants, excluding spouses and children, who are described in section 1101 (a)(27)(M) of this title.
    (5) Employment creation
    (A) In general
    Visas shall be made available, in a number not to exceed 7.1 percent of such worldwide level, to qualified immigrants seeking to enter the United States for the purpose of engaging in a new commercial enterprise (including a limited partnership)—

    i.e. for each country EB1 gets (140,000 + number of unused FB visas from the previous year) * 0.07 * 0.286 = 2802 + something insignificant, same for EB2 and EB3.
    If there are unused visas, they go from EB1 to EB2 to EB3, but they are lost at the end of the fiscal year. Unused visas from 4th and 5th category can be added to that number as well (usually in the 4th quarter of the fiscal year). Please note that at the end of the fiscal year per country limits may be lifted if there are unused visas left.





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  • gc_75
    07-17 05:18 PM
    I think we have till July 31st. About 2 weeks.
    one silly question. How weeks do we have in hand to file 485?



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  • Edison99
    09-30 12:15 PM
    Thanks for the link!
    Central Board of Excise and Customs (http://www.cbec.gov.in/)

    Personally we never had problem carrying personal Jewelery.





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  • cinqsit
    02-02 08:43 PM
    If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.

    Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.

    Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.

    Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)

    Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.

    They will check for ability to pay and other checks the they do at 1140 stage again.

    Good luck

    cinqsit



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  • jthomas
    06-11 01:49 PM
    I assume you mean "Be prepared for some grilling ....".
    I don't see why US would care if I am returning back in a week with a valid GC. I can imagine canadians asking me if I have abandoned my canadian PR status or not.

    When i came back from canada the US POE made me wait for 4 hours and asked me questions, whether i am thinking to abandon my US green card application and move to canada etc.. They will check you baggage and later after 2 hours of sincere answers they will let you in. Don't worry too much about it.
    In your case you have a US GC in hand i don't know about those issues





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  • sixburgh
    08-13 10:58 AM
    Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.

    Either Change of Status in US or Status when you enter/re-enter to US.

    As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.

    Lets wait until Experts speak.......

    I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.

    Aren't all H status people supposed to have Dual Intent?

    If what you are saying is true, what are the steps I need to take?
    Someone is suggesting that I should revoke her h4.
    What happens of the fact that she worked since the arrival of her h4 renewal.
    Its been less than 100 days....



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  • arpu31
    11-17 12:59 PM
    you have to options -

    1. your employer files change of status H1 to H4 (form I-539)
    2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.

    please double check before you make any decision.

    If I just re-enter US on my previous H4 stamp, will that change my status automatically back to H4 fom H1 in all govt database? or should I apply for any other docs?





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  • vani
    08-26 02:49 AM
    Hi,
    I applied for H1B through a company for year 2010. I am currently on H4. As per this company, my application reached USCIS on April 7th. We have not got any receipt for this so far as per what the company says. My question is, is it possible that USCIS will take this long to issue the receipt number ? Is there a way to find out whether USCIS have received my application indeed. When I call the company who applied the H1, they keep saying we haven't heard back anything from USCIS. Can you help in answering my questions ?

    Greatly appreciate your reponse.

    Rgds,
    Vani



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  • spouse485
    01-10 04:39 PM
    Guys please help me with below questions.

    Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?

    Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?

    Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?

    I appreciate your advice





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  • raysaikat
    01-22 10:39 PM
    Thks for your prompt response snathan, but I've been getting paystub from my new employer Company B (so far I've got 2 paystubs) so in this case I can't possibly getting Pay Stubs from both Company A & B right?

    The act suggested in the post above is illegal.

    Your work with Company B is also illegal. You cannot start working for a different company until you have the H1-B petition submission receipt.

    Your simplest and recommended course of action is to go out of the country and come back again. This will cause you least grief. But as you know, that course of action does entail the risk that your visa application could be denied.



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  • mps
    09-06 11:46 PM
    Wow ! This is going to kill real estate market for sure !

    I know my friends who live in apartment here in US but they have purchased investment properties in India.

    Certain metros had seen unprecedented zoom in real estate prices which was heavily supported by NRI money especially returning IT workers.





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  • Queen Josephine
    June 20th, 2005, 02:45 PM
    Wow, a pdf! You should start a service! I'd love the step-by-step if you don't mind. I'm not getting the knack of this too quickly. Thanks!

    I'll post it tonight when I get home from work.

    EAD Expiring; 245k rule? --- Urgent help! [Archive] - Immigration Voice

    View Full Version : EAD Expiring; 245k rule? --- Urgent help!






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  • kumarc123
    01-15 12:17 PM
    Hello All,

    Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.

    Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.


    I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)


    http://lofgren.house.gov/

    Good Luck to all of us.





    gc_on_demand
    06-11 06:52 AM
    Remember CIS told that they will make I 140 PP available in batch. I think this is first step towards that.

    As of april 2008 there are 140,000 cases are pending .. How many will get benefits of this rule any idea ?

    What will be next batch ?





    eb3retro
    02-16 09:56 AM
    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David


    take it easy dude. People respond to one thread itself. you dont need to open multiple threads. also update your profile first.



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