Friday, June 10, 2011

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  • up_guy
    08-27 12:26 PM
    I am using AC21 and moving on
    My new company had filed H-1 B transfer, but it came back from USCIS because some document were missing, now they have refilled it using premium processing and we have received the receipt notice too.

    Even though we have filed H-1 B transfer filed, my lawyer and company insisting me to join them on EAD, because they say it H-1B got rejected so EAD is a better option

    As per my lawyer once H-1 B is approved you can work on EAD or H-1 B it does not matter, I don�t have to file my change of status. both of my status will remain valid and I can travel on h-1 B and can change jobs on H-1 B

    If I follow my lawyer, will I lose something ?
    Had anyone had experience like this before..
    I need second opinion from guru who have actual experince..

    thanks for your inputs





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  • saps
    01-20 02:16 PM
    Great effort but its awfully slow. Was never so slow before..Is it just my machine?





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  • razors_edge
    09-06 12:51 PM
    It is true. You can start working with new employer from the very next day, after they file H1B transfer application. i.e. you don't have to wait for the receipt.





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  • dil_ip3
    02-25 11:35 AM
    Thanks Kopra for the reply.

    Also, if their are any Questions form the Port of Entry officer about Paystubs, can we say that employer couldn't find me a project; hence I'm changing back my status to H4 or is there anything else that we can say more appropriate.



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  • bijualex29
    07-19 10:36 AM
    I do not think that it applies to new EAD, it only for renewing the EDA card





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  • ghost
    07-24 07:52 PM
    Murthy is Immigration Attorney: www.murthy.com

    IV is Immigration Voice



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  • ajain
    05-27 03:10 AM
    hi,

    I am confused about whether to suggest 'member of the professions holding an advance degree" or "an alien of exceptional ability" for my NIW petition. What is the criteria to select one over the other? I have a MS/PhD from a US university. Proving to be exceptional is certainly difficult, but then holding an advanced degree may not be enough of a criteria for a successful petition.

    Thanks.





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  • hemanth22
    07-06 06:54 AM
    the dollar has already fallen 15% and you havent seen the indian economy collapsing or the indian IT companies stock values coming down drastically here and in india



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  • chakdepatte
    05-18 10:08 PM
    what are we waiting for. for Chinese bhai to win the case and take EB3-I unused visas ? lets join and file another India EB3-I lawsuit. best way to be heard. ........squirrel.......





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  • Hong12
    02-06 01:58 PM
    Thank you very much for your help. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
    I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:

    Form DS 156
    - Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
    - Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
    - Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
    - Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
    - Question 29 (Have you ever been in US?):
    For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
    Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?

    DS 157
    - Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.

    Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.

    Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.



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  • manand24
    07-27 02:55 PM
    Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
    Gurus, any body know how USCIS will process 485 applications?

    If the dates are current, then from what I have heard is USCIS will process the 485 applications based on the RD, if the dates are not current then it is based on PD.





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  • fcres
    06-27 12:25 PM
    My I140 was approved in Dec 2005 by TSC. The online case status still says it pending. And i just filed my 485 using that 140.



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  • snathan
    05-23 06:14 PM
    Hi,

    Today I have got the template from Ron and he has written this for atlanta. I also posted question to him for adding the case number. I am bit concerned what kind of impact would be there if we give case number. Apart from that everything looks good. Feel free to add any comment or suggesstion.

    I am not sure about chicago as the number is very small, feel free to add any suggession or you can directly talk to Ron Gotcher. if you are like around 10-20 guys, you may hire him and ask him to represent. I dont feel comfortable to ask him more help as he is not accepting any fee or just let me know if you how to approach/your thoughts.

    ================================================== =====================================


    Gordon S. Heddell
    Inspector General
    United States Department of Labor
    Office of Inspector General
    200 Constitution Avenue, NW
    Room S-5502
    Washington, DC 20210



    RE: Complaint of Malfeasance in the Atlanta Foreign Labor Certification Office

    Dear Sir:

    We, the undersigned, are victims of persistent malfeasance existing in the Atlanta, Georgia office of the Department of Labor�s Foreign Labor Certification Program. All of the undersigned are the beneficiaries of foreign labor certification applications filed with that office. We have seen similar applications filed by others, substantially after our applications were filed, processed to completion. We have made inquiries into the reasons for the delays in our cases but we have not received any answers, much less explanations.

    It is our understanding that the Atlanta office is no processing cases on a first in, first out basis. Rather, they are selecting cases almost at random for processing. This is unfair and unreasonable. Later filed applications are being given preferential processing over earlier filed cases.

    We ask that your office open an investigation into the reasons for this policy. If you find improper conduct, we ask that you recommend appropriate disciple for those responsible. If you do not find improper conduct, we ask that you require the Atlanta office to provide a detailed explanation for their behavior and, on a go forward basis, provide for transparency in their selection process. Whatever the reason for their existing procedures, there is a clear air of impropriety in what they are doing.


    We look forward to your reply.

    With regards,

    [for each person who signs on, they need to give their name, their employer�s name, their case number, and their filing date.]

    ================================================== ======================================
    For Admin:

    Can you please keep this post in the top for sometime, so we can get attension/suuport from more people.


    Guys, people contribute/support to IV's fund drive if you didnt do already. If you gain something from IV please consider to give back something. I believe we can clear and come out this mess with our collective effort. Thanks a lot for all of your support





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  • YesWeWillGet
    09-26 09:45 PM
    What will be my options to maintain my immigration status in the following scenario:

    AC21 is not filed after joining the new employer (new job since 2 months).
    If the previous employer revoked the I-140.
    Have the same job/role and responsibilities with my new employer.
    No gap between previous and new current employer.
    Status of I-140 remains approved and I-485 remains pending in USCIS website.

    Should I proceed AC21 filing immediately? Is there anything need to be done in order to keep the immigration status legal?

    I would really appreciate your valuable suggestions.

    Thank you



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  • mantric
    09-17 06:30 AM
    this is a song that will convey the human struggle aspect in a way americans may be able to relate to.

    the music is catchy - can get a recording and play it in the background.

    http://www.youtube.com/watch?v=ced8o50G9kg
    http://www.youtube.com/watch?v=6KUtFtD5ziw
    -----------

    Blowin in the wind (Bob Dylan).

    How many roads must a man walk down
    Before you call him a man?
    Yes, 'n' how many seas must a white dove sail
    Before she sleeps in the sand?
    Yes, 'n' how many times must the cannon balls fly
    Before they're forever banned?
    The answer, my friend, is blowin' in the wind,
    The answer is blowin' in the wind.

    How many times must a man look up
    Before he can see the sky?
    Yes, 'n' how many ears must one man have
    Before he can hear people cry?
    Yes, 'n' how many deaths will it take till he knows
    That too many people have died?
    The answer, my friend, is blowin' in the wind,
    The answer is blowin' in the wind.

    How many years can a mountain exist
    Before it's washed to the sea?
    Yes, 'n' how many years can some people exist
    Before they're allowed to be free?
    Yes, 'n' how many times can a man turn his head,
    Pretending he just doesn't see?
    The answer, my friend, is blowin' in the wind,
    The answer is blowin' in the wind.





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  • peacocklover
    10-08 08:10 AM
    Quite typical - on the one hand mouths off against illegals, but on the other hand employs them, I presume at below minimum wage with no benefits. And these are the people who want to be President of this country. Dobbs is nothing but a low life.



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  • Aah_GC
    05-03 07:20 PM
    Hi my father lost his passport at the airport today and with it his I94 and US B1 visa. We do have scanned copies of his US Visa and Passport. I would appreciate any pointers on the following question -

    1. What are my next steps?
    2. I figured from browsing few sites that he needs to apply for I94 - does any one know of any vague ETA there?
    3. Would he have to go through his visa stamping again?

    Much apprecaite your reply.

    -





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  • gk_2000
    08-16 07:12 PM
    EAD??? HAH!! Dream on...

    The 485 wouldn't even be applied for then how EAD would be possible

    Actually all these steps seem meaningless. They should give GC to those who want and are eligible. Period





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  • nosightofgc
    04-05 09:59 AM
    I am scheduled to close my refinancing (changing from conventional to FHA). Quicken Loan processed my loan - of course their charges are a lot more than others. The point is, I did not face any objections so far due to EAD status. Of course they asked my EAD copy a few times. Hope this helps!





    jsquare
    08-21 09:24 AM
    I am filing for my EAD renewal and had a quick question...I have an EAD card from when I was in college and did my OPT. The problem though is that I do not have some of the details that they ask for while filing EAD renewal, such as what Center was it processed at & what was the application date.

    I have already called USCIS & they cant pull up what center my EAD was filed at or the date it was filed. Can anyone suggest what I should do in this situation? What do I put in the form? Does anyone have similar experiences?

    I suggest, call immigration department of your Graduate school, they must have the details. Or just leave it blank that information. One of my friend had EAD on OPT and when he applied firt time for EAD(while pending I-485), he left that information as blank and he got his EAD

    These are my suggetions





    skumar9
    10-02 10:26 AM
    Can you please give me ur contact details atleast ur maild id, as im also planning to go Nogales for stamping... and i need your help...



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