Saturday, June 18, 2011

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  • docwa
    05-04 05:56 PM
    I discussed my situation with Mr Finklestein a senior Lawyer, with Sheila Murthy firm. He says, I can anything with my time as long as I have an employment offer letter that has a job offer to match the labor cert at time of adjudication. With Eb2 India being as retrogressed as it is, that could be 5 years away. I am going ahead with fellowship on EAD.




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  • abhatti
    07-16 02:56 PM
    where do you all see/consult for updates or news on USCIS activities?




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  • BEC_fog
    07-04 12:13 PM
    Could someone please post the article here?




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  • cox
    November 26th, 2005, 08:16 PM
    Thanks, Henrik! I think I have some way to go before I'm doing gallery quality macro like Gary, but I appreciate the complement. I like the dark one too.

    Anybody went for H1 Visa Stamping at Matamoros, Mexico Lately. [Archive] - Immigration Voice

    View Full Version : Anybody went for H1 Visa Stamping at Matamoros, Mexico Lately.




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  • Beemar
    12-14 11:41 PM
    Dude, are you serious? You will, only possibly, be laid off in April next year. Means you have got 4 months to find yourself a new job. You already are in I-485 stage, so you don't need any immediate visa to maintain status. And you are telling me you are distressed?

    Grow up. I know many guys who are already sitting without job and valid status for 6 months, and even more. I mean, I can't believe you are serious.




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  • kumar1
    12-05 11:48 AM
    Mita, I am asking you not to paste junk URLs over here!
    You can spend your time on TOI...no issues.

    I was waiting for someone to spit venom at timesofindia but did not happen till today.
    By the way, do you believe in the news from other billion news website? I think most of us visit other websites to verify if the info is correct so that there is no propoganda involved. If you think timesofindia is one of them than don't visit that website but you cannot request others to do the same.



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  • swamy
    05-21 11:55 PM
    This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.

    I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.

    Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.

    yes this is true (confirmed it with a top law firm)- but 140 needs to have been approved though and pd shouldnt be current. and you need to get the h1 stamped too.




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  • vparam
    05-14 08:04 PM
    My PD will become current. I want to support IV, so contributing agaain.

    today 100, 450 till date.



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  • sreeanne
    11-13 04:28 PM
    Dont worry. You are about to get your FP notices :o




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  • laborpains
    03-18 08:21 AM
    Isn't EAD for unrestricted employment as long as your primary job is similar to what was in the labor application?

    What if the one's priority date becomes current and USCIS asks for proof of employment? Wouldn't the application be denied?


    Hello,

    My 2-cents:

    1. Your EAD is for unrestricted employment till the AOS is resolved (so, it is not tied to your labor petition)

    2. Your AP is a travel document to allow you to travel while AOS is pending (again, not tied to employment)

    As such, for all legal purposes, you should be able to pursue education full time. However, any IO at entry post has authority to ask you questions beyond what is legally required, which many a times, includes 'are you still employed with the petitioner'.

    This is the tricky part... if the IO has good knowledge of the laws, he would let you in 'cause your petition is for the future job, but a wrong IO can twist and turn the laws to suit his/her point of view and land you in unnecessary trouble.

    However, in 99% of the cases, the trouble may mean a few more anxious hours at the port of entry and nothing more. Hope you are able to pursue your education, all the best! :)



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  • waitin_toolong
    11-18 04:47 PM
    the new FP EAD will be the one that you file for renewal, they will not automatically issue a new one.
    They stand to gain $340 from it.


    For the person worried about his EAD dont go by what the customer rep said, they are forever giving out incorrect information, majority of EADs issued in the last 3 months have been without biometrics.

    Wait for 10 days or get infopass appointment.




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  • gee_see
    10-19 10:54 PM
    Experts... any advise???



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  • mk58581
    06-07 12:13 AM
    Thx a lot. I was so scared abt tht. I already have a job luckily my previous employer dind't cancel my H1 so used it and joined in a new firm

    But these people started sendin' mails and callin' me so was jst scared will i have to loose tht money for nuthin' as well movin' from PHX to NY coseted me almost like $15000 more over tension in findin' a new job i was totally screwed for the past 2 months...



    Thanks a lot again i will contact DOL @ the earliest




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  • Ramba
    03-15 11:18 AM
    Filing 485 during visa unavailability, should not be the concern in this bill. Why our people are worrying about filing AOS when visa number unavailable? Man, this should not be our concern at all. Our main concern should be reinstating the AC21 provision that allow the oversubscribed countries to use excess visas in each EB category. Specter removed very important provision that eliminate per country limit in EB visas for oversubscribed countries. This is a big blow to India, China. It will stop all the benefits from this bill.

    If the current form of specter bill passes, there is no benefit to any of us. If EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3) from count, that drastically increase the visa numbers. The increase is unimaginable, and I feel that it will be about 4 to 5 times than current 140K numbers. If all the listed provisions appears in the final bill, the visa number will always be �current� for all countries for many years, provided AC21 (elimination of per country limit if demand is less than supply) reinstated. If this happens, no one needs to worry about filing AOS when visa number unavailable. That situation never arises.

    If current form of Specter bill passes, all the new numbers created thro above listed provisions, will not give any benefit to India/China. DOS simply say per country limit is 10% only no matter what. Remember that, 10% is total of FB+EB numbers. (480000+290000). India and China FB numbers are also heavily backlogged. Therefore our main concern is to reinstate AC21 provision not filing AOS, and keep pressure to keep the listed provisions (EB visa increased to 290K, excluding dependents from counting from FY 2001, recapturing unused visa from 2001 to 2005, and excluding EB1 (OR+EA) and EB2 (MS+3)) in the final bill



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  • Aakaash
    10-25 10:38 AM
    I believe i am right when I say that one can work on an expired H1b visa provided his/her extension (I129) is pending approval!! Please correct me if wrong.




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  • dan19
    10-18 12:22 PM
    One of my friends got a similar one. In that case the DOL pointed to one another candidate(say Mr.A's) who applied for the same job, and was more qualified than my friend in terms of years of experience. The DOL asked why Mr.A wasn't hired.

    My friend's company sent a new letter to Mr.A asking whether he was still available. Mr.A did not reply back.

    Since Mr.A did not reply back, the company understood that Mr.A is no longer interested in the job.

    The company then sent back the rebuttal stating the new efforts made.
    The DOL then approved:) the case.


    I received a letter from BEC and it says
    This Notice of Findings is the Department’s statement of its intent to deny the application.

    The following reasons were attached in the document:

    1. - The job opportunity has been and is clearly open to any qualified U.S worker.

    The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)

    Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.


    The employer may rebut this finding by:
    Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.


    2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750’s Parts A and B. your case file contains only one set of original ETA750’s. The other set of 750’s in the case file are photocopies. ETA 750’s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750’s.

    A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.

    It is the employer’s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.


    I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.

    Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?



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  • pointlesswait
    05-05 10:08 AM
    absurd..!!




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  • lord_labaku
    12-08 02:17 AM
    1. Yes there is shortcut. Join desi software company. You will get forged diplomas.

    2/3. Not applicable. Refer 1 above

    4. Current job market is great. Obama is going to reverse outsourcing. All software job from India & china will come back to USA. But for china return job you need to know some mandarin. But no certificate needed refer 1. Above

    5. I made such a transition recently I was mortgage securities bundler at lehman bros. Now I am successful engineer

    6. Salaries start at around 150k per year even in places like north Dakota. But since engineers understand log scale, salaries grow exponentially

    Hope this helps




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  • prem_goel
    03-08 09:57 AM
    Hello Ann,
    Thanks for your prompt reply. The situation it seems is more precarious than I thought. She's carrying the official letter from her company that describes her B-1 duties (like requirement gathering, project transition, business meetings etc).

    Would you suggest any other measure? I want to make sure she's not denied entry. It'll be terrible if anything of that sort happens especially with no fault of hers.

    If she's denied entry, who'll be responsible for sending her back to India? Will CBP make arrangements? Will she be bar entry to US again?


    Hi Prem,

    Your sister will certainly be subject to greater scrutiny if she returns immediately to the US after an extended stay. Whether she is is ultimately admitted to the US or denied admission and sent back home really depends on several factors. First, can your sister persuasively demonstrate that she has strong ties to her home in India, to which she intends to return at the conclusion of her business trip? Next, can she document that she will be engaged in permissible B-1 activities of limited duration? And finally, on what side of the bed did the CBE officer wake up?




    lost_in_migration
    05-15 12:33 PM
    Is there already a poll like this for EB3?




    wooster
    07-11 02:11 AM
    I had the same thing happen to me, applied PP on June19, it reached on 20th got approved on June21. Status still shows pending, but the lawyer got the approval notice with an A# to boot...

    Just to update, I got a CRIS mail that I was approved on the June21 and the online status changed to approved today....thats more than 2 weeks after the lawyer got the approval notice...snail mail seems faster then online notifications....why is everything so Topsy turvy with these guys only !!



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