Monday, June 13, 2011

quotes about the past and moving on

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  • Prashant
    08-31 11:40 AM
    This is what I can infer from the poll

    93% of them lack talent
    7% are talented





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  • JunRN
    12-18 08:07 AM
    AC21 is quite tricky. There is no hard and fast rule that if the ONET number is similar, USCIS will automatically rule in favor of the change. IO's will still look at the details of each job requirements and will check if it matches the requirements in the Labor Certification.

    ONET number will somehow help specially if it falls under one category or number and the new job title is listed as sample. But remember, USCIS will still look at the details and will not rely on just the title.





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  • AB1275
    12-13 12:09 AM
    At what stage of the green card process should I be in to be eligible for my H1 to be extended after my 6th year?



    Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.

    I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.





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  • srgadi
    07-20 08:02 PM
    Hi All,
    Is having paystubs absolutely essential or will w2's suffice ?

    As far as I know paystubs are not part of the required documents for AOS, tax returns are.



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  • martinvisalaw
    12-01 06:00 PM
    The relevant dates, as I see it, are:

    10/06: H-1B ext filed
    12/06: H-1B expired, ext still pending
    7/07: 485 filed.
    ??: H-1B ext denied?

    Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation.





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  • lostinbeta
    10-03 12:12 PM
    Weird is cool in my book =)



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  • smisachu
    12-24 11:50 AM
    Same situation here. I know about renewing H1 with same company is OK but as you have asked with a different company is a big ?. Hope some one answers.....I have appointment in Kolkota but not sure if I should cancel the appointment or go...


    Hi,
    I have a question:
    - H1-B's I-797 is valid, but visa stamping has expired.
    - I use AP document to re-enter.
    - I do not use EAD at all
    After using AP, can I move to a different company by petitioning for H1-B?

    The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?

    -----------------
    Detailed scenario
    -----------------
    My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

    My questions are:
    1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

    2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

    I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.


    Thanks





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  • vicky007
    10-03 06:49 PM
    We need to start recruitment process. For this it requires job advertisements for 5 weeks in a row, complete the recruitment process.

    Isn't it done before LC filing?

    Guru's please answer this query:

    I have been reading that the BEC would give recruitment instructions for pending cases.I have filed at the Philadelphia BEC in Dec 2004 ,the lawyer had advertised before filing, so will re-advertising still be required?? Please clearify its very confusing.



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  • Better_Days
    11-03 06:20 PM
    I disagree. I think that we will see an another attempt at CIR bill. Dems will want to capitalize on their surge among the hispanic bloc; see the comments by Nancy Palosi [sp?]. An attempt will be made to cast it as an aid for economy: to bring people out of shadows so that they can buy houses etc.

    But then this is just my opinion which, like yours, is just an opinion. Heck even my 5 year old these days does not seem to hold my opinion in any regard :)


    NOPE.

    Earlier democrats had a reason of not getting things done [Bush's veto, filibuster...etc.etc]

    Now nothing will get done, and they will have no reasons.

    Welcome to world of politics my friend :)





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  • Gravitation
    06-22 10:01 AM
    There are not enough numbers in the house to pass CIR. It may be pushed in Senate for political reasons and may pass easily, but there's no such hope -whatsoever- in the House.
    If CIR is to ever pass, 2009 is the best year.

    So, there's no hope of passing in what could the best possible year for CIR! Am I the only one to whom it all sounds very ominous?



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  • buehler
    06-03 02:10 PM
    sta�tis�tics (stə-tĭs'tĭks)
    n.

    (used with a sing. verb) The mathematics of the collection, organization, and interpretation of numerical data, especially the analysis of population characteristics by inference from sampling.
    (used with a pl. verb) Numerical data.http://www.answers.com/statistics&r=67

    I would be astounded if statistics is not considered a STEM major. The only way to know for sure beyond this forum is to check with a lawyer.

    akred,

    I am not refuting that statistics is a discipline within Mathematics. Just that that particular DOL web page doesn't give the list of disciplines considered as STEM.





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  • ziggy7bs
    03-19 12:17 PM
    I have already started procedure for filing a new PERM. Nothing will work the lawyer said. We have to file a new PERM.

    try your senator. I might work. they have special staff at uscis. i am going to try it and see if they can get uscis to accept I-140.



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  • gimmemygreen
    12-19 10:10 AM
    This is Pat B 's broken record. He has lost all his credibility during all these years of immigrant bashing. He can write as many of them but other than red necks, no one is impressed. He is 71 years old and in couple years he will be gone. Old age brings some mental issues with it.





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  • pcs
    01-03 04:02 PM
    Can we make it flexible so that the jump in amount can be as low as possible with a $20 minimum



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  • Ramba
    03-26 12:16 PM
    no, it is not the same position. the two positins have 2 different classifications and requirements. the first position (I have LC certified for) is a financial analyst which requires a bachelor degree. the second position is a senior financial analyst (for which LC was denied) which requires a masters degree and it is supervisory position. I asked my employer to request masters + 2 years experience for the senior position but lawyer said that my experience was acquired while working for the employer (while I was working as a financial analyst) so that experience can not count toward the senior position. this was a genuine promotion and not just to apply for EB2.

    any feedback is appreciated.

    May be those are two different position. But both are same occupational classification as per SOC/ONET. The employer can not request BS and MS for same occupational class. Conventionaly, the senior/supervisor level will be achived by experience in the occupation not by education.





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  • belmontboy
    06-20 08:30 PM
    There is no need to change the date on I-94. As long as you have the I-797 approval petition you are good. When you leave the country, you MUSTgive the I-94 to the airline authorities. If you go to Mexico by road, there is no one to take your I-94 and so you will have illegally left the US - which can lead to problems. If you fly, you are fine!

    But still, unless you are going on vacation, do not waste your money.

    Wrong!

    I-94 is the one that determines how long u can stay.

    I-94 can be extended while staying in US.



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  • willigetagc
    08-15 09:06 AM
    Hi,

    If I am working with X company & Y company is ready to file GC.
    (Assuming Y has no objections even if I do not join the company at all)
    Is it mandatory for the candidate to join company Y at certain stage which has file GC?
    I would appreciate your comments.

    Regards,
    Sanjeev.

    Yes and no. Yes it is mandatory by definition. No because there are ways around. You could go join a school to get higher education. You could ask Y to terminate your employment.

    Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!





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  • Madan Ahluwalia
    02-23 04:26 PM
    Your wife will provide affidavit of support too. But if income is not enough, you can get someone else to be joint sponsor.





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  • nousername
    03-31 05:47 PM
    Your 180 days start from the day your I-94 expired. And yes, 2 weeks or 4 weeks over stay will make a difference. Next time when you enter the country or at the Visa office they might ask you the reason.

    You did nit clarify if your partner is a US citizen, PR or visa holder. That might help in giving you some additional advise.





    softwareguy
    09-08 12:47 PM
    Well, this is nothing new, in State Governments so many times they mandate that only companies that listed in that state have right to big contracts. What small women owned, disadvantages, veteran owned companies do is provide a front to big operators like Accenture, IBM. At times then the small company hires a Senior Manager and finally it becomes all IBM operation from India or Phillipines.
    On other times the State mandates all work be done inside the State. Then you have H1 and L1 visa holders. This is business as usual.

    Actually it is quite a decent engagement practice. State owned companies get a piece of the big cake and get a chance to learn from big players and state gets the quality work at a fairly decent rate. So it is all win-win. At times they mandate "In State" workers only - so that it helps the local economy... that is where the Infosys & Wipros might hurt a bit, as the cost to put guys in NYC versus Ohio from Bangalore is identical but billing rate advantage between NYC and Ohio is vastly different and they might have hire locally.





    AB1275
    12-12 11:29 AM
    My PERM was applied in Nov 2007 and 140 in early- mid 2008.
    It was applied under EB2 category (Masters Degree). Currently, I'm on the 5th yr of my H1. My 6th year starts in Feb 2009.


    Had received an RFE to which we responded but it still got denied. The main reason being the company has a loss and the books are not audited.

    My lawyer suggested that we appeal the deinal and start a new PERM in EB3 category.

    Are these my only option to make sure I can renew my H1 after the 6th year? Any suggestions?

    I'm confused and scared at the same time. Not sure what to do..
    please suggest me all the options available to me.

    Thanks!



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