Saturday, June 11, 2011

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  • wandmaker
    10-12 04:17 PM
    you need to get paid all the time. Even during maternity leave. Not getting paid is voilation of status and violation of employer-employee relationship.

    In OPs case, one can maintain the status without getting paid - they just need to prove there is an employer-employee relationship exists. You are correct, if the employer simply dumped you on bench





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  • aat0995
    05-02 08:39 AM
    It seems no one else is in this boat. Strange.





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  • laststraw
    03-23 02:01 PM
    Here is my situation:
    My EB2 (the job requirement was Undergraduate degree with 5 years of experience) was rejected due to the 3-year degree and is in the appeals process. I have an EB3 pending at NSC for the same labor.

    I can also move into a new role which probably has an EB2 requirement of Masters degree. And I have completed my MBA here. Will I be able to use my MBA degree obtained in the USA and port my priority date to a new EB2 application?

    Thanks in advance for your assistance

    LastStraw





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  • sertasheep
    03-25 11:34 AM
    Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.

    If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.

    You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.

    There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.


    Regards



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  • studmvr
    12-20 01:29 PM
    Instead i will donate the travel expenses to IV...........

    Good Luck Every one





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  • 485Mbe4001
    10-08 12:54 PM
    SS tax has a cut off after a certain income level. The current SS is supporting the baby boomers and it is projected that in its current state by 2017 the current SS deductions will be less that the outflow. SS is marching towards a disaster.

    PF is put in our own account, you get back what you put in along with interest. My company in india used to give a 100% deduction match, most s/w companies do the same. The amount that is put in PF will never go down as the interest rates are set by the government (inflation is a different story). IMO it is much better than social security.

    There is no totalization agreement between US and India, its one of the reasons we will never see our SS contributions unless we work for 10 odd years or get that damn GC. This law is for employees from indian companies who used to come to work on short term projects.

    Isn't this exactly what we have to go thru here in US by paying SS Tax?



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  • ahnewGC
    04-10 07:17 PM
    Hi,

    I got my H1 in 2004 thru an body shopper. I completed my first three year period. got next 3 yr extension recently. when would be right time to apply GC? what category is suggested EB2/EB3?

    How long will it take to clear labour?

    Thanks for valuable suggestions





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  • sripk
    05-17 02:24 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.



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  • HV000
    04-15 10:20 AM
    CONGRATS! One more approval from TSC.





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  • Can2004
    03-01 10:49 AM
    Hi All,
    I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.

    In 2006 we moved to US by road and started living here. Haven't left States since then. Our passports were checked as usual but not stamped at the border although the U-Haul I was driving was inspected and our luggage and other stuff was inspected too.

    Now I have received a RFE from USCIS on our pending I- 485's that were filed last August. They want us to prove that our last date of entry was indeed what we have entered in the I-485 form.

    Any suggestions on how to respond to this RFE.

    Thanks



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  • akp
    06-30 07:35 PM
    I do not know what was posted. But if it was not offensive language (and I mean offensive as in use of swear words), I do not agree that moderator or super moderator should delete it. Let it be there, if it is useless drivel, it will be ignored by most. So deleting an opinion or comment does not sound right, and it undermines the credibility of forum, especially in the US where these sort of things not taken lightly (think of communist label).
    I understand the concept of keeping focus on immigration matters only, but leave it to members for most part.
    The implication of our way or highway sounds childish.
    Just my opinion in an "open" forum.





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  • kevinkris
    07-10 06:27 PM
    Any answers?



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  • paskal
    10-22 08:58 PM
    a few hours of your time would be invaluable!
    make it a family thing- take the time to enjoy yourself too.
    but please do help out. needhelp! has put a lot of effort into
    this initiative and good will certainly come from it. now your
    help is needed. come on folks- a couple of hours? surely that
    is not too much to ask for........





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  • sparky_jones
    09-30 07:49 PM
    Thanks for your response. I guess option 1 would be preferable. However, the fact that there is no straightforward way of confirming if USCIS took action on the request to remove the attorney is a little unnerving.

    Option 1:
    You could write a letter to USCIS to let them know that this attorney who filed your I-485 does not represent you anymore and future correspondence be addressed to you directly and also to revoke the G-28. You will not get any letter from USCIS confirming that your request was processed.

    Option 2:
    You could hire a new attorney to represent you. In that case he would file a new G-28, the USCIS does send a letter confirming that they accepted your new attorney representation. Meanwhile, until this happens, all the correspondence will go to the old attorney who could potentially screw up your case.

    If you are lucky enough and don't get a RFE till the new G-28 is accepted, You are SAFE. Also, any attorney you hire will charge you the FULL fees for I-485 filing that will be at least $3000.00 plus additional $5000.00 (If your case gets complicated). My best bet for you is to use option 1 and save your hard earned $. As you'll be taking your chances anyways.

    You should urge LIVE to start up an emergency rescue service (similar to what AAA does), i.e., to get an attorney who would help taking up cases for members only who suffer from unscrupulous attorneys for free and charge a low monthly membership fees till one gets the green card. I hope someone from LIVE is reading this post?



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  • shx
    07-17 12:13 PM
    /\/\/\
    \/\/\/





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  • pyrosleepy
    04-30 02:58 PM
    Not Yet...But murthy.com says they are considering to reinstate PP for I-140. Check murthy.com for more information on this

    I did not see it in murthy.com. Can you please paste the link or the text.

    Thanks,



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  • loveiv
    07-15 12:57 PM
    I have used AC21 to change jobs
    I have a closing statement from my previous employer mentioning the exercisable options.

    Here it goes:

    Exercisable Options

    Price $30
    grant date 1/10/2007
    Shares exercisable 400
    total price =12000

    Last date to exercise
    7/20/2008

    However the market share value for the company now is 26.00

    now my question is if I were to exercise before the last date will I be getting the total amount of $12000 or 26 x 400 = $10400 or the difference between the share values which is infact negative or nothing?

    I find it difficult understand this financial terms. I dont understand clearly the term 'Exercisable options' Is there a hidden treasure am going to get?????
    How is this b*** s*** related to this community?





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  • thatwillbeit
    05-24 08:37 PM
    Does EAD & AP have to be sent to the same address if we do efiling

    Thanks in advance





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  • eb3_nepa
    02-18 11:17 AM
    Your reasoning is nearly correct. But you are missing Two points:
    1. There will be some cases from BECs which could not file AOSs in time since their labors did not clear for them in the july/aug timeframe. Only when these have cleared will the chances of further retrogression decrease.
    2. ALSO - Just as an example, If there are 100000 Eb2s with PDs of 2005. We know that there are NOT 10000 visa #s available for EB2s, in that case too, the dates will retrogress - since thats the only way they can prevent visa #s being used.

    Am I making much sense ?

    My point here is:

    Now there is NO reason for the DOS to miscalculate or not know how many applications are out there for AOS.

    Someone mentioned that some BEC ppl were not able to apply for AOS coz their applications did not get released in time, that is a valid point. So maybe we should see one last backward movement if any and then it should be strictly forward movement. VERY SLOW movement i agree but forward movement.





    diptam
    08-14 02:04 PM
    If this Robin Williams google his name he will get too many Hits and will be amazed to see how popular/famous he is among immigrant community just by working as a mail receiver at USCIS.

    Poor fellow - Polls got created in his name :rolleyes:

    i am 7:55 NSC r williams too... no receipt yet :(





    kittu07in
    10-19 07:52 PM
    Hi All,
    I got a document from USCIS for taking biometrics(2 nd time)............
    just wanted to share with you all....

    "Document production or Oath Ceremony" can mean anything....not only Green Card... :-(

    Thank you all for your replies...



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