Friday, June 10, 2011

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  • bestia
    03-12 03:18 PM
    Both lawyers are right. To get the correct answers you have to be asking correct questions.

    If you want to port your priority date to new employer, you have to file PERM and I-140 with new employer. Since you have PERM and I-140 already approved - you can do that.

    From the other side, since you already filed your I-485, you don't have to do anything. You don't need your PD ported, just use AC21 and wait for your GC.

    The only issue is that you never worked for sponsoring employer, USCIS might want some evidence that you really had/have intent working for him and will demand explanation why you are not working for them and never worked. This issue will disappear if you will refile PERM/I-140 with new employer.





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  • mattresscoil
    11-12 11:57 AM
    Hi,
    I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
    I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?

    Thanks
    smsthss:
    1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.

    2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.

    Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)





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  • ilwaiting
    04-12 08:45 AM
    1st - Apply your PERM labor ASAP. If you are luckly and labor comes thru quickly before Dec'07 you could apply for 140 in Premium processing and once 140 is approved you would be eligible for 3yrs H1b extension irrespective when your labor was filed

    2nd - If your labor does not comes thru quickly you should try to recapture time lost on H1 when you were out of the country in the last 6 yrs. i.e Time spent out side US(vacation or business trips) can be recaptured. This might give you the 1 year required since labor so that you could file your H1b extension later.

    Contact a good attroney.

    Hi,

    I am currently in the 6th year of my H1B. My visa is going to expire in at the end of December. Is it too late for me to start applying for the green card? If it is not too late, what is my status going to be after December if I do apply for the green card now? Also, I have heard that I have to apply a year before my visa expires, is it too late now? Please help! Your response is greatly appreciated!

    I am from Hong Kong, SAR. I have never applied for labor cert. For the past six years, I have just been on H1B visa.

    Thanks!
    Keith





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  • deba
    01-22 05:46 PM
    "Twenty years from now, you will be more disappointed by the things that you didn't do than by the ones you did do.
    So throw off the bowlines. Sail away from the safe harbor.
    Catch the trade winds in your sails. Explore. Dream. Discover."
    - Mark Twain



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  • dummgelauft
    09-11 08:36 AM
    Thanks dummgelauft

    My priority date is not current yet. There is a chance that my priority date will not be current even by the time my TN visa expires. So, that was the main problem I had. I know there is no way I can renew my TN visa ( since I-140 shows intent to immigrate). But, a HUGE misunderstanding I had, which you clarified for me, is that the 6 years
    H1B restriction will not apply on me once I have approved I-140. So, if my priority date is current before my TN expires, I will get my EAD. If my priority date is not current by the time my TN expires, I will have the option of getting H1B and continue to work until I adjust my status.

    What a relief !!!

    Thank you so much again !!!!

    Theo
    just make sure that you allow sufficient time for you h1b processing. these can take upto 120 days.





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  • nviren
    04-28 04:20 PM
    Isn't this the same proposed rule that was published on Feb 14 in Federal Register and the comment period ended on Apr 14th?

    In www.immigration-law.com, go to breaking news section and take a look at posting on 4/12/05.

    Or

    Go here
    http://www.aila.org/RecentPosting/RecentPostingList.aspx?Weeks=4

    and look at the posting for date 4/10/05

    I guess DOL has not come out with the analysis of the comments received and its final stand yet.

    Let me know if I am missing something here.



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  • GCWhru
    12-01 09:48 AM
    I believe no group is formed for TN. I am requesting people to reply so that we can count and form something.

    Thanks





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  • gc_check
    10-17 01:22 PM
    Hi All,

    I have got fingerprint notice and appointment is after 3 weeks in Charlotte NC. I will not be available on that day and do not want to postpone the appointment.

    I would like to prepone the appointment and I tried to find Charlotte USCIS local phone number but could not find anywhere. The only number is general 800 number and that was of no use.

    Does anyone have any experience with Charlotte office? Can I just go there and will they do fingerprint any day before actual appointment? Charlotte is around 4 hours drive. It will be painful to drive there and find that they don't do fingerprint before appointment day. What day is normally good if I want to take the chance? Have anyone actually called them and prepone the appointment? What is the local office phone number?

    These are two many questions. But all are related. Sorry for being so long and thanks in advance for your response...

    rangeela....
    Not sure if you can prepone. Call the customer service and check if they can schedule sooner. I think, given the July fiasco/rush, they schedule based on the availabilty of appointment in local office.

    Also can you please share you reciept date/notice date and when you received your FP appointment. Was your case directly sent to TSC or got trasnferred to TSC from other center.



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  • cvk90
    07-05 11:46 AM
    Hello,
    I am on L1 B visa here for last 2.5 years working for MNC (Fortune 200). The benefits folks recently contacted me and told me that I was not allowed to participate in US retirement plans (401K) due to L1 visa restrictions, and that they are returning all my previous contributions and earnings back to me as an income. They said that they allowed to participate me for past 2.5 years by mistake.
    My question is if this is true ? Are there other folks on L1 who are participating in 401 K plans ? what are my options here ?
    PLEASE HELP.





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  • pa_arora
    12-02 07:08 PM
    I saw LUDs for both me and my wife's 485 on 11/22(Sat) and 11/24.
    PD-12/05
    RD-07/03/07

    This LUD was after more than a year. Hope Jan bulletin brings some movement.



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  • ragz4u
    02-18 12:57 PM
    I suspect there may be a backdoor to it

    I don't think so....let me explain what happened when I moved from one state to another.

    When I was in the state of Washington, they did not ask me for any document like H1 etc. This was 3 years ago. When I moved to PA (mid 2005)though, the DMV asked me for my H1 doc. The date of expiry was alright, but they had other problems.

    Since I work for a consultancy firm based in NYC (and the client was in PA), they were not ready to even give me a license (since my employer was based in NY). I literally had to fight with the DMV manager to get my license. And yeah, he asked my employer to provide me a letter that said that I would be based in PA for next 3 years and what my income is (god knows what that has to do with my license)

    I was fortunate that my consultancy firm was considerate and finally gave that letter to me even though the contract was initally only for 3 months. If they would not have given such a letter I would not have got a PA license and might have to go to NY to get a license from there!

    But the DMV manager did explain to me that this was part of new regulations being implemented since last couple of years.

    I have been through this and had to go to the DMV three times before I finally got my license.

    And I endured all this while my H1 is still valid for a few years. Imagine the above if my H1 was valid for less than 1 year?

    Why are we going through such a painful experience in spite of being 100% legal????





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  • mmanurker
    05-22 03:00 PM
    Thanks for your Reply.
    My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
    can he do like this ?

    pls keep all your timesheets signed by your client manager in safe place...just in case if he lays you off, then he needs to give you either notice and pay for that period or severence package if he terminates your employement immediately and also all the back wages for the period he did not pay you till today.
    Even though if you do not have timesheets from your client manager, he is still required to pay you but to be on safer side I'd recommend you to keep timesheets signed by the client manager and if required notify the Client and the Vendor(if there is one) about your employer, this way he will loose the business of the client/vendor plus if required you can always fax your timesheets to DOL as well to prove that you have been working at the client side and your employer is getting paid by the client for your services.

    can you pls reveal the name of your employer?



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  • pappu
    12-10 10:45 PM
    Check the archives. I recall a long thread on this topic.





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  • dontcareanymore
    05-12 12:51 PM
    Does frankfurt require transit visa if some one is traveling to India if:

    A) While going to india and have H1/H4 valid until 2011, but stamping expired.

    B) while coming back to USA if I am planning on coming on Advance Parole ?

    How long does the airport visa take ? I traveled through FF in 2005, but I had valid H1 stamp. It is expired since and perhaps wont get stamped before coming back, but use AP.

    <edit> This is what I found on the germany.info site

    "Indian, Turkish, Nigerian and Ghanaian airport transit travelers who

    - are holding a valid visa or other residence permit for the USA (this includes advance paroles, but not approval notices), Canada or Switzerland and travel to the country which issued that visa or residence permit

    or- after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold"

    </edit>



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  • ashish.bhatia.h1
    04-06 07:45 AM
    Closed it with MetLife in October 2009 @ 5.25.. 3% down payment.. with Patterson Schwartz





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  • Winner
    06-08 11:46 AM
    how about contributing to IV? When ppl here dont pay $10 for IV...will they $1 or $2 Million for Saturn....Do you think so????

    How about "Leading By Example"? Would you consider becoming a donor?

    Anyways, I do see your point..



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  • rjgleason
    November 21st, 2005, 12:22 PM
    I like number 2.....Have you tried the shadow/highlight tool in PS to bring out the detail in his hair? Might add to the shot.........Good work. Some of your best.

    I know each one of these shots are really close to the came photo, but I'm Just Curious which one of these do you think is the best photo of the four in your Opinions? I have my pick but I want to see what you guys think.


    http://www.musicandentertainment.org/Birdmen1.jpg

    http://www.musicandentertainment.org/Birdmen2.jpg

    http://www.musicandentertainment.org/Birdmen3.jpg

    http://www.musicandentertainment.org/Birdmen4.jpg





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  • chandupatla
    02-25 02:23 PM
    Hi..I am in Rockville...Let me know what is ESSEX tell me the details.





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  • chanduv23
    09-03 10:00 PM
    Politely: I think that my time can be better spent distributing fliers. My time is limited, if I attend this I won't have much time to distribute fliers. So unless someone convinces me why this is more important I won't be attending.

    The event is mainly to bolster the attendance for the Rally and also give the community an opportunity to interact with other community members to discuss mobilization plans and campaigns.

    While few members are highly informed on all these things, a lot of members will have basic questions.

    Distributing flyers is good, we we must continue to do that - these flyers must be distributed at strategic locations otherwise there is not much use. The locations would include highly populated skilled workers areas like Jersey and NYC where thousands of tech workers are affected by retrogression and also universities where students who graduate will face the quota issues when they look for their first job.





    i99
    09-11 12:29 PM
    Do they know how inefficient these transfers are???? :confused:





    dixie
    05-19 06:10 PM
    I doubt we can threaten to get sanctions passed on Exceed .. i dont think we have the political clout for that. All we can do for now is plead, reason and educate senators of the unfair treatment we get from the broken immigration system. If our membership keeps growing to a point where we represent most of the affected legal immigrants at the mercy of USCIS (close to half a million), then its a different story, not to mention if we had the numbers and political clout of the illegals. Just my opinion.



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