пятница, 10 июня 2011 г.

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  • sajimm
    08-16 11:21 PM
    Me and my wife took the chest X-ray and didn�t take the TB skin test. Doctor has checked the �not taken� check box for the skin test and �negative� under the X-ray section in the medical report.

    Wondering this is going to get us in trouble

    Anyone else in the same situation?

    PD 2003 April EB3
    485 applied - June 27th, Receipt and FP notice received.




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  • sam_hoosier
    03-11 04:50 PM
    I too work for my wife. Example of work, doing laundry, taking kid to his day care, grocery , cleaning etc... The specific answers are below

    1. Can "A" work for his wife and also get paid in check?
    - I get nothing, why should you?.
    2. Can "A" have a second job in his wife's company and retain his original job?
    - Come on man, her majesty's service has to be your first job.
    3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
    - No comments
    4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
    - Every thing is legal, till you are caught. See Elliot Spitzer..
    5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
    - Who is this "A" you are continously referring to. Remind me of Amitabh's song. Ek rahe A , ek rahe B, Ek rahe fateh, ek rahe hum.
    6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
    - No comments
    7. Can "A" work as volunteer in his wife's company?
    - Come on buddy, you volunteered for the service the day you got married.
    8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?
    -No comments

    LOL......:D:D




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  • eb_retrogession
    03-25 06:41 PM
    I've sent this writer some facts and figures, and apprised him of our efforts as well. Hopefully he'll respond.

    Thanks




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  • gcformeornot
    12-31 10:02 PM
    Same here, september 11 notice date case transferred to TSC, EAD and AP recieved for self and spouse but no FP yet.

    Some say it is not an issue, some say it can be an issue

    but you never know with USCIS... anyways its more than 5 months...... that got me worried....
    But I am little better now... see my signature.....



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  • immi_enthu
    08-28 11:28 AM
    According to the legal assistant:

    Traditional Labor:

    Incase of substitution the beneficiary has to sign the approved labor. Otherwise it is not required.

    PERM: Requires beneficiary's signature.

    Thanks bond65




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  • snelakan
    07-04 09:32 PM
    My state in four lines

    1) Came to US on F-1 Visa, never completed my masters

    2) Shifted to H-1B and i have been with the same client and havent been to India for four years.

    3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.

    4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping

    But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.

    But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.

    I had so many hoped on the current numbers . Any idea guys what can i do?


    If your H1's job requirement is a bachelors degree, then they cannot reject your H1 stamping.



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  • optimystic
    04-22 03:51 PM
    That particular date of July 11 at NSC is for EB I-485 !

    Hey that was my hundred...and lo behold I am a senior member now :) ....I was hoping to save my 100th post to share a positive news that I got my GC or something. But it was probably too much to expect I guess :D




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  • raj2007
    04-02 09:25 PM
    My employer recd an RFE on Jan 8. The Requested Evidence is supposed to be provided in 12 weeks from the date of the RFE letter(Jan 8).

    I am told that my attorny didn't respond to this RFE. Is it 84 days which means till April 2nd is the deadline when it is supposed to be answered. If that is the case I crossed the deadline by a day or two.

    Can you experienced folks let me know if I crossed the deadline. Is there still a room to answer the ability to pay RFE?

    my employer said he would answer RFE (ability to pay) if some financial adjustments are made. Is it ok and make this financial adjustment so that he can responde to the RFE inspite of the 12 week deadline just passed.

    Will a delayed response for RFE for couple of days at USCIS does matter? Will they reject the evidence if they dont recieve in time?

    Is it better to wait till the I140 is denied and then open an MTR? How easy and practical is it to open an MTR and successfully plead for the I140 approval?

    Your early response helps me take a decision.

    I have already filed 485 based on this RFE pending I140. that will go waste if I140 is denied.

    Your attorney can tell if they accept late RFE reply. 12 week is enough time and I don't see anybody want to delay this.

    MTR decision takes long time, around 1 year or more but you can't use 485 benefits till that is approved.



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  • gc_on_demand
    01-08 03:23 PM
    from an old article: http://heather.cs.ucdavis.edu/H1BSummary.pdf?popup=false

    Here is an outline of my proposal:
    � To be eligible to an H-1B, the employer would be required to have not have laid off Americans
    in similar jobs within the last 6 months, and not employ H-1Bs in more than 15% of its technical
    workforce.
    � An employer who wishes to hire an H-1B would be required to advertise the job on a central Dept. of
    Labor (DOL) Web page for 30 days. If the employer did not hire an American during this period, the
    employer would have automatic permission to hire the H-1B.
    � The wage paid to an H-1B would be required to be at least the national median for all workers in the
    field, including those with all levels of experience.
    � After hiring the H-1B, the employer would update the entry in the database, stating the qualifications
    of the H-1B who was hired.33
    � The visa would be valid for 3 years. During this time, the worker could move from employer to
    employer at will, providing that each new employer goes through the 30-day ad procedure on the
    DOL database.
    � If the worker were to stay employed in the tech field for all but 60 days during the 3-year period, the
    worker would be deemed as having proved his/her value to the economy, and would automatically be
    granted permanent-resident (i.e. green card) status.
    � If on the other hand, the worker were to become unemployed for more than 60 days, he/she would be
    required to leave the country within 15 days.


    One major flaw in this one :

    What if I want to change job 4 times in 3 year. Total advertise period will be 120 days and I wont be able to get GC. What if I am laid off and future company is just have requirement with in that week. They cannot hire me till they pass 30days and what if they get lots of resume from USC and DOL audit ..will company wait ??

    More administrative process will encourage to hire only USC. When I graduated from school in USA , I applied to 4-5 big companies and I got reply back too. but when I told I need sponsership I was denied. I went to desi and I checked with one of company to see if they have same job. Lucky I found and I told them H1b transfer will be in week if they spend 1000 USD .. Guess what they agreed. and I am still with same company.

    I think for permant residency it is good but for h1b.. bad for us. Eventully desi firms will sell 30 days approved labor.




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  • snowshoe
    11-27 03:10 PM
    Quite a few cases seem to have been approved by both TSC and NSC in the last two weeks.



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  • karanp25
    07-30 05:48 PM
    FYI: Last year, my wife (Dependent) got her EAD before mine was approved. Like i said, if u start looking for trends (and something that makes sense) the way USCIS works, u will most likely be disappointed.

    They just work randomly---there are so many June/July EAD filers who got their EADs approved in 3-4 weeks time frame, and then there are May filers (like me) who've just started seeing some approvals and some are still waiting with applications pending over 90 days.

    I am in the same boat. I received " Card Order� notification today for my case..but wife's case is still pending. I think there is a trend.

    Primary applicant's first.. dependents later.

    Any one got approval for their dependents yet?




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  • GCKarma
    07-21 08:57 PM
    With 485 pending more than 180 days 140 approved ..not using EAD i use ac21 to change job on h1.....in that scenario can i get h1-b extension after six years?...if so for how many years?



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  • visa_reval
    04-05 04:23 PM
    I am assuming that your eb3 priority date is not current. In that case, won't you get a 3 year h1b extension when you transfer your h1 ? Reading through the forums here, I gather that you can get a 3 year h1b extension when you have an approved I-140 and are retrogressed.




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  • nihar
    11-30 05:05 PM
    Dhundun you have hit the nail on the head . Now i will be more clear

    I came to USA with F1 as of last year and this year before completing i got approved for my H1 visa as stated by my consulatant and for which i had to be on status hence i continued my MBA and now this is my final semester and i will be done and my visa on F1 is valid till march 2008 . When i spoke to my consultant she told me tat its approved ie , my H1 but it will take another month for me to resolve it . So even if i get a job i have to still work without pay . Now i guess im dependent on her tat she should market me and get me a job . My bad luk that im stuck with getting H1 approved and no job though im through a consultant . Next thing is that i also completed my MBA and now if i was on F1 i could have got my OPT , but i guess now since my H1 is approved i have to wait to be marketed and also the query to be solved . So what will you guys suggest me ???



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  • sriramkalyan
    06-04 10:25 AM
    That is last year bill ..
    It does not Point Based Immigration , Z visa, Y visa provisions




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  • krishmunn
    03-04 12:24 PM
    I had a similar situation but there are no client site involved (in my case my office itself moved to a new location , albeit in the same Metro).

    I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)

    *******
    655.715 Definitions.

    Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;

    ***

    20 CFR 655.734 (a) (2)

    (2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.

    (b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.


    ****

    Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),

    1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .

    2) When one move to a different Metro (or out of commutable area), a new LCA is required.

    It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.

    Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.



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  • amsgc
    07-07 09:50 PM
    Very good, shabaash!!

    Because of A. Holes like you, H1B visa holders get a bad name. And look at your gall, you are publicly announcing an intent to commit deciet.

    IV Core and company: Please remove this thread - we do not want to provide more fodder to anti-immigrants.

    And as for you moron, yes, you will get into trouble if you think you can dick around with govt. agencies.
    Grow up!!!!!!!!
    Hi,

    I will be applying for LC in a few days. So, I want to clarify something.

    My ad says MS + 1 yr of experience.

    Question 1: My 1 yr will be prior to my MS so can i use this experience ?

    Question 2: If so Can I show that experience worked back in my country from my very close freind who runs a small software company ?

    He is willing to give me any kind of experince letter and if USCSI calls ready to answer them.
    But just wondering what will be the consequences of doing this. Obviously I can't show any paystubs or W2 forms for that 1 yr.

    What are the other evidences that I may require for this other than employer verification letters ?Please reply, emergency !

    In which stage in GC will they look sriously (does in conitnue till i-485 stage ?)




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  • Dipika
    08-14 01:10 PM
    Not sure what way they are going to approve cases.
    But i noticed, All approved cases are clear, means no RFE in any stage.




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  • dontcareanymore
    08-24 11:39 AM
    you have rights to ask the above items. But it can not be done thru uscis.

    You should hire a good lawer and proceed thru court.

    Good luck.

    Ps: If you fail, please come back and ask how to get all the money you paid to the lawer and the court.

    :)




    razis123
    06-02 04:34 PM
    Hi,
    I am ready to send my EAD/AP renewal forms - not sure where to send is it NSC or TSC. My I485 is currently pending at TSC. All my previous applications have receipt numbers starting with SRC.

    My lawyer (actually para-legal) mentioned that she will send them to NSC - I am not sure since she screwed it up once before.

    Please let me know if we have to send EAD/AP renewals to same service center where our I-485 is currently pending or it does not matter.

    Thanks a lot.
    - nk

    I am in a similar situation.Somebody please give advice on this
    Thanks in advance




    bekugc
    04-01 09:21 PM
    hi irrational;

    if this is of any help to u, my friend got this same "the post office returned the notice" msg few months ago. His appln was in nebraska service center. he had gone to india and to prevent mailbox overflow they had given a stop order at the postoffice. When he further enquired about this they told him that reason for mail was "one of fingerprints on record for the spouse hadnt been proper and they wanted to re-take it". after this he got another FP notice and got it done.



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