воскресенье, 26 июня 2011 г.

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  • kaisersose
    07-17 04:19 PM
    My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).

    Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.

    So I can work for company A (GC filing employer) full time and at the same time work part time with company B.

    So this way if company A does fire me during probation period I continue with company B :confused: on full time basis. Is this ok will it come to haunt me when I file for citizenship?

    As you have a GC, you can work for any employer in the range {A, B, C...Z}, work for 2 or more of them simultaneously and handle any kind of job. There is no law that will create a problem out of this during naturalization.

    Of course, one can do this with a 485 EAD too, but there is the one restriction of "same or similar".




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  • qualified_trash
    07-07 01:09 PM
    Investing in a company -> Yes (shareholder)

    Own a company -> No

    On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.

    No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!

    This has been my research on the internet and is not from a legal advisor.

    Could you tell me what the difference is between owning a company and being a shareholder? :-))

    Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.




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  • Since1997
    08-13 11:32 AM
    By the way 765 they say compliant till 7/2 which means individually filed 765 not the 765 which was sent with 485 package - Right ? Thanks! Yes, I think the status is for individual applications only - as far as I know.

    If it goes with the same pace...then it may take very very long time to clear Jul 2nd - Aug 17th applications (receipt process)...unless they increse man power OR come-up with soem alternatives.....

    Anyway TSC is far betther than NSC....




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  • qplearn
    09-30 05:27 PM
    This is absolutely no-sense at all.

    Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.

    You compare about 2-3 month processing time from one Center and another 1 year from another service center.

    People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.

    We don't want people get process by Luck! or by paying more money and left other people behind.

    What you think?!

    Guys at Nebraska:


    Don't complain; I am at Vermont, and it is by far the SLOWEST :(
    It is processing I-485 from ND of June 21 2005 now!!!! Nebraska is processing I-485 of Nov 2005.

    Does anybody have predictions :) for how dates will move at Vermont?

    I wish there was premium procesing for 485.

    qplearn



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  • lazycis
    01-15 11:04 AM
    See also

    http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument

    On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001

    The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.




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  • jliechty
    May 11th, 2006, 07:44 PM
    Hi -

    I just bought a nikon d50 kit and the dealer sold me sigma lens' with the kit. I have since upgraded the camera body to a d70S. Now I am having problems with the lens', autofocus doesnt work all the time. Sometimes it works...then other times it wont focus at all.

    Does anyone know if the sigma 18-50mm and the 70-300mm af/mf lens' are compatable with the d70s?
    Sometimes Sigma lenses can have issues with different cameras because Nikon makes subtle changes to the way the camera talks to the lenses - changes that work fine with Nikon lenses but on occasion cause havok with third party lenses. If you contact Sigma, they should be able to tell you if an incompatibility between the lens and camera is indeed what is happening, and if so, they should be able to upgrade the processor in the lens (I'm not sure, but they may even do this at no cost).
    The dealer told me the sigma lens were better then the nikor lens' because they have a metal mount whereas the mikor was a plastic mount. is this true and is this somethign i really should have worried about?
    If you compare the Nikon 18-50mm with the Sigma 18-50mm (your Sigma is the f/2.8 model, right?), then I'm guessing that the Sigma will be better. Compared with the more expensive Nikon 18-70mm zoom that is sold as a kit with the D70s, they're probably about the same (bear in mind that I don't really know, since I've only used the Nikon 18-70 personally). I don't abuse my lenses, so what the lens mount is made of matters relatively little. In many cases a metal lens mount may be a sign of better quality in other areas including image quality, so the dealer wasn't entirely full of it, but I would be wary if someone tried to sell me something other than what I wanted for that reason alone.



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  • roseball
    04-02 12:19 PM
    Hi All,
    My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

    1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
    2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

    3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

    4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

    5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?

    6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?


    Please reply.
    Thanks in advance
    Chinna

    Just apply her H4 asap. No need to upgrade your pending H1 extension to PP (unless your employer is paying for it). Only your H1 application will be processed under PP. They will process H4 under normal processing. Both applications are processed under PP only when they are applied together. There is no separate PP service for I-539 application. I don't see a big issue here since not much time has passed since her H4 expiry. I have seen worst cases, more than 2 yrs before realizing H4 expiration. Like others suggested, no need for her to travel outside the country for stamping. Just file I-539 asap and go from there.




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  • varshadas
    11-08 12:25 PM
    I am not sure how you are seeing 14000 EB3 visa in totals. If you look at the table that says India, there are approx 8000 visas or so around Dec 02 for India alone. In addition, I believe the country quota is 7% and not 10% but I could be mistaken on that.

    Since you would get approx 3000 EB3 visa's every year, that is why the PD is not moving.



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  • mps
    07-17 10:34 AM
    Folks,
    Last month I called TSC and got a really nice IO. I was checking on my FBI name check status and he told me that he can get more details by A# instead of receipt NO. He in fact found my A# as i only had receipt number handy. He than told me that the FBI checks are cleared and my case is assigned to an IO.
    Does case assigned to an IO means that when Visa nos are available i have chance to get GC? Does it mean it is adjudicated and waiting for visa NO?

    EB2-I
    PD: Jul 2004
    I-140 approved
    I-485: RD 02 Aug, 2007

    VXG, I need your help - everytime I call TSC (I have done it twice) IO refers me to some 800 number. What did you do to get them to talk to you?




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  • rajuram
    09-15 10:58 PM
    Recently while returning, at the POE, I was told that AP is for emergency travel only and was asked the reason for travel. Also he wanted to see our tickets for the onward journey, to make sure that we were not gone for too long.



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  • sonu_Aug_2002
    07-13 11:39 AM
    EAD and AP are benefits due to AOS pending. They are not status by itself. Thus it is optional while filing 485. Once you file 485, you are automatically in legal status to stay in US. H4 status enables you to reentry to US. Similarly, if you loose H4 for some reason ( like in Ur case), AP will allow your spouse to reenter USA.

    Please consult an attorney.

    yaja, are you sure that she would not need an EAD? what would be her status? AOS case pending? and what would she need to show the officials as documentation for her status within the country? AOS receipt?

    You are right about the AP part. If she does not intend to travel, then she would not need an AP; however it is always prudent to keep AP handy, just in case if she needs to travel for emergency reasons. AP takes around 2 to 3 months on an average for approval.

    Just want to get this right, for my own knowledge. Please clarify




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  • marty
    08-27 01:34 PM
    What do you guys think about the movement in EB3 ROW cases starting from October 2008? Does anyone has exact numbers on how many EB3 ROW cases can be approved in a given fiscal year?

    Thanks and good luck to you all.



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  • Hewa
    07-31 04:32 PM
    I am from florida too. It has been like this since Jan 2002. It's normal and not unexpected at all. You will get your license in the mail in about 3 to 4 weeks. And to add to that now they stamp "Temporary" in big red letters on the license.

    Before Jan 02 we got it over the counter. I've had to change the license several times due to either H1B expiring or address changes. Remember to carry your passport (or some other photo ID) with you all the time.


    Well actually my last address change was about two months back, and I got the permanent license immediately ("over the counter"). I thought they had done away with the practice of temporary license for H1B's, but apparently not.




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  • va_labor2002
    08-23 01:03 PM
    I see a lot of people flocking into "Orkut". How about incorporating a dose of IV through orkut if some of us are already there? What is more important is, making people aware of the consequences they might have to face, even if they havent filed for their GC yet.

    That's a nice idea. Who has orkut membership ?

    What about sending one more Fax to congressmen and senators ?



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  • arnab221
    05-22 05:01 PM
    Yeah !! now they have a new argument to restore the multimillion dollar tax payer funded bonuses .These companies are not even ashamed that they are running on money from the American tax payers without which many would have had to sell their buildings now .

    These super brains used their intellect for all the wrong reasons when they created the famous Collateral Debt Obligations ( CDO ) that even Alan Greenspan said he could not understand . These guys then loaned money all over the globe , without taking into account any risk factors . With little Government oversight in the US financial industry these people were ultimately responsible for the well being of world financial health .A little caution and responsible behavior from these people would have saved us from the catastrophical global recession that we are now . But nooo , they loaned money as if there was no tomorrow and got millions in bonuses for selling loans and securities to unsuspecting investors and the whole world is now bearing the brunt of their greed with more than half a million layoffs every month in US alone.

    These people are ultimately responsible for the mess which the whole world is in and now their CEO's are saying that they need to retained with bonuses or we will see a Brain Drain .
    If terror is the name of causing havoc and utter chaos which causes people to suffer in any area then the only name that I can think of calling these people is "Financial Terrorists" .




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  • unseenguy
    06-19 07:04 PM
    Let me enlighten you folks here who are talking about double standards.
    First of all this has got nothing to do with with your immigration issue. Next, the Iranian President has said that Israel should not exist and even denied the holocaust. With their nuclear program underway and talks going on, it was being thought that a more moderate leader will come to helm. Apparently it is now being believed that the elections were rigged. With a moderate leader, it is quite possible that talks may begin and an imminent Israel-Iran war be averted. How can 11 million votes be rigged? If they are counted fast in a few hours, yes they can be rigged.
    Every country has issues that their population follows. Its no different than any issue that is followed in Indian media. When one issue dies down, another is brought in forefront. Why are you even surprised?

    Well, If Mahmoud Ahmedinejad is referring to genocide then he needs to be condemned and if people have chosen him then there needs to be international pressure on iran to change its policies. However, this election is about choice by Iranian people and their genuine will should be respected. Everyone knows that west hates current dispensation in Iran but best thing to do is not to poke nose in other's affairs. This is something west does often and world despises.

    The truth will ultimately come out. But is best left to Iranian people. The moment west sniffs an opening they are all for regime change where they dont like regime. They havent leanrt to live with and respect choices of people where it does not match their agenda.

    Past elections have been rigged in India , US , everywhere, so there is nothing new in this. Those who have the power will want to retain it.



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  • sgorla
    02-19 12:10 PM
    I dont believe that EB2 labor takes more time to approve than that of EB3. My labor was approved in EB2 category in less than a week.

    Yes it really IS impossible to determine which will move quicker.

    and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.

    EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.




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  • a_yaja
    02-04 05:09 PM
    I guess you should be good with your AP . But also there was a thread about one of the IV'ians AP experience at SFO. Please read that so can understand what AP is for and when it can be used as per the IO at SFO airport

    I don't think that having AP you can bypass your criminal record. The officer at the POE will have to make the determination if you are eligible or not. I recently read (I don't have the link to back it up) that a Vietnameese lady well in her 40s who had a green card (she was not a citizen) had a drug possession (it was not even possession with intent to sell) conviction and that the officer at the POE told her that she was inadmissible and that she had to go back from where she came.

    The only people who are granted entry without any questions irrespective of anything in their background are US citizens. Everyone else can be refused entry at the POE if found inadmissible.

    I am not sure if spouse battery qualifies as a deportable offense. If it does, I would expect that there will be problems at the POE on the way back.

    Consult your attorney and see what he/ she says. If domestic battery is a deportable offense, even a green card may not help you.




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  • smartboy75
    11-06 05:57 PM
    Who issued the checks ?? Was it you or your employer ?




    overhere
    07-18 08:08 AM
    Schedule A visa is not available. Schedule A simply means that we are exempted from LC. All we need is to file I-140 concurrent with I-485/EAD/AP.
    Our visa is also EB3.

    Now, the question is whether we need to get July priority date or we can get an August priority date and also qualified under this scheme?

    i know what schedule a is. i just thought it's no longer available since it's not published on the visa bulletin.

    as for your question, i think you're referring to july or august visa bulletin. all those who are qualified to file 485 (concurrently with 140 or not) are covered under the original july visa bulletin as long as the application is received on or before august 17th.

    from: http://blogs.ilw.com/gregsiskind/

    "For individuals filing cases not requiring a labor certification (such as Schedule A cases and national interest waivers), the priority date is the date of filing. Because there may be hundreds of thousands of applications received between July 2nd and August 17th with many of these cases not requiring a labor certification, the date during this six week period a case is filed could make a big difference in terms of when a case will complete processing. And, again, getting that July 2nd priority date for those who filed early and were rejected could make a big difference in when their cases are ultimately processed through to completion."




    rajnag21
    07-17 07:23 PM
    as I understand the process, I fyou apply and get the green card approval before marriage, you cannot bring your wife over here as it will become family based immigration.
    The ideal thing is to do it while still on h1 and then do the 485 application.

    Since you are from rest of the world ? the rules and dates will be different for you. not sure how though ? sorry !

    I look to more senior members here for better direction than the advice that I have regurgitated for you.



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