Thursday, June 30, 2011

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  • uimv
    05-31 02:54 PM
    Thanks. So if I-485 is approved, then all OK.

    What happens when there is a problem with I-485: Denial or NOID ?
    If denial, and in US, MTR can be filed and if MTR accepted, the period (from Denial) is considered as legal stay (even if not maintaining H1b status).
    But if denial, and outside US, you can NOT enter on AP. Correct ? Here only option to enter US is H1b ? Can MTR be filed ?




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  • chidurala
    07-28 03:55 PM
    hi,

    iam a derivative applicant of my husband.his gc has been approved lately.
    my question is what is my priority date??how can i find it??i cant see that on any action notice sent.


    kindly help me
    thank u in advance




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  • kak1978
    06-10 09:50 PM
    Hi there

    I am currently working on F1-OPT with company A. Company A filed for my
    H1B visa and it got approved, which is yet to start from Oct 2010. But now I
    got an offer from Company B. I have to get my H1 transferred to company B.
    I have informed my current employer(Company A) about this transfer.

    But actually they(company A) are planning to withdraw my H1B visa petition
    from USCIS as I will not be working with them from Oct 2010.
    I would like to know if this will affect my visa transfer.
    Can someone please let me know how it works and suggest me what should I do
    to get my transfer done?

    Thank you so much for the help
    Sai

    You can transfer your H1B before Oct. There is an option in the H1 application for that. I don't remember the exact wording, but one of my friend did this last year and it was approved.




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  • pali
    11-01 10:50 AM
    Also can you let me know if its OK for my wife to stay legally here with the receipt from the I-539 filing. The processing time at California center says they are currently processing I-539's from June'07
    Thanks



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  • wandmaker
    02-11 04:35 PM
    US Congress has time for all this

    http://www.rediff.com/news/2009/feb/12us-house-passes-resolution-on-mahatma.htm

    Like any other professionals, It is part of their career development and knowledge upgrade - You should not complain.




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  • like_watching_paint_dry
    09-01 10:45 PM
    Hi,

    In anticipation of birth certificate RFE, i have BC affidavits (from parents and relatives) and NAC ready to submit it will be requested. However, my priority date is not current and god knows, when it will be current.....My question is: Is there a validity period for these BC affidavits and NAC documents? It is almost one year since these documents are made ready and I was wondering if these documents lose their validity one year after the signed date on them?

    Please suggest

    Thanks

    I don't think there is a validity period for affidavits. But just make sure your parents affidavit is attested by a notary. I had a problem with the original birth certificate and I submitted a notarized statement from parents as an addendum when filing my 485 in June 2007. I had the notarized affidavit from early 2006. It was apparently sufficient.



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  • ronhira
    04-27 11:41 PM
    Dude, its about Illegal Immigration,......nothing to do with legal immigration or any laws pertaining to backlogs etc !!

    u fool..... anti immigrants do not care for legal or illegal immigrants..... for them we r all the same..... either u r a new kid on the block with no freaking clue @ the issue or u'r playing plain dumb..... either way..... numbersusa don't give a damn @ u'r kind....




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  • dealsnet
    05-02 04:50 PM
    You must get paid by your H1B employer. Middle or another middle is not valid on the face of the law. You cannot ask any one other than your employer for pay also. If you didn't get your salary, file a complaint agaist your employer with the labor department. Do not mention about any entity other than your employer. You have no right to interfare into company matters.

    Recently my employer written a mail saying that he is closing the company and said to look for new employer.Previously i am working through a middle layer.When i found new employer he directly approached main vendor regarding contract.Now i am working without middle layer.Mean while middle layer hold my 45 days pay .The middle layer is not willing to pay.It is almost 8 months.I worked more than 20 months through middle layer.Can i get my money back?The middle man Threatening saying there is contract which you cannot go and it is breach.Can you please advise.



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  • ayyo1234
    08-02 11:22 AM
    If you have recevied at least AP notice, you can use that for 1 month or so till you get another card..

    When I read Approval Notice it says that...However, please note I may be wrong...




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  • beautifulMind
    01-04 02:12 AM
    I am involved myself in a mess regardning the Green Card labor process

    1) I had appplied for RIR labor in Apr 2004 and it was sitting in the Backlog elimination center (BEC)

    2) In November 2006 I filed a conversion case and reapplied in PERM on my own while retaining priority date of april 2004.

    3) Just last week I got a denial letter from DOL stating the reason

    "The employer has not indicated on the application that applicants with any suitable combination training or experience are acceptable. the ETA form 9089 indicates the alien is currently employed by petioning employer and only qualifies for position identified in the application by virtue of the employers alternative experience requirement"

    also the letter said

    The job requirements did not exactly match the earlier case and hence priority date cannot be maintained

    This denial also caused the automatic withdrawal of my earlier backlog case.

    4) The priority date was very impt to me since I applied in EB3 and from India.

    Is there anything I can do to maintain my priority date. I am also ready to forego the PERM application completely if only I could reinstate the earlier BEC labor case and just wait it out. I understand I commited a blunder by taking the risk of re filing in PERM while maintaining priority date...I feel i am losing almost 3 yrs of wait time and will be relegated to the back of the queue if I refile again

    I am very anxious please help!!



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  • greencard_seeker
    08-07 09:06 AM
    Hi Milind,
    Thanks for the info. Is there any way of notifying USCIS, if the new job from existing employer is EB2 level (I mean a promotion to senior level) so that the application is processed quickly!




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  • amitdce
    08-07 02:24 PM
    Hi,

    My EAD card was sent to my old address, which I failed to update in time. I have been following up with USCIS for more than a month, but haven't been able to receive the card or the approval notice so far. I have to start working on Monday (Aug 11th), so this is really urgent!!

    I can join and submit the EAD card within 90 days (as per the I-9), but my employer needs to see the approval letter (something which proves to them that my EAD case has been approved).

    I do have the following which indicate my approved status:

    1. My online status used to show that the case was approved (it said that the card was mailed to me). Now it has changed and says that a new letter (not the EAD card) has been mailed, but I won't get this letter till after Aug. 11th, my joining date. I do have a printout of the previous status, though.

    2. I managed to get a letter from my university saying that my case has been approved.

    3. I have the receipt notice, which shows that the case was submitted and received by USCIS.

    My company still insisted that they would need a letter from USCIS saying that my case has been approved. Any advice on what I can do from here??

    many thanks!!

    -Amit



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  • gcpool
    08-07 01:20 PM
    How about filing writ of mandamus




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  • STAmisha
    08-06 10:40 AM
    forgot to attach my previous employer experience letter



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  • mrdelhiite
    06-13 02:48 PM
    i thought there was something extra... that you have to be in 485 pending for atleast one year .. if you are a july filer 1 year gona be completed in the begining of july ...
    -M




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  • Green.Tech
    03-04 02:14 PM
    Hi

    I am qualified in finance;started my career in finance & continued for 4 yrs. then switched over to SAP implementation ; for over 3 yrs now, i have been into SAP implementation projects. I have H1B approved for SAP work.
    Now, can I take up a job with a different title - say, "Finance Analyst" or "Corporate Finance"? I have been talking to various clients in California that are interested in offering me finance positions.

    Please fill out your profile so people can answer your query in a better way.



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  • beautifulMind
    05-04 10:53 AM
    I had the same problem with my PERM. my last name had an extra letter in the end at one place but was fine at the other place. My perm was approved without any issues.

    At I-140 stage my lawyer made a note of this to USCIS and now my I-140 was also approved without any issues.

    I am pretty sure your audit is not related to that because they have no way to to know your real name! at the labor stage




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  • Blog Feeds
    08-07 09:40 AM
    These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.

    The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)

    In the past week or so many LCA cases came back with denial notices. The notices had the following language:

    Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.




    More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)




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  • vaishnavilakshmi
    06-20 11:45 AM
    Hi,

    No replies?




    amsgc
    06-13 09:14 PM
    Hi,

    Thanks FactoryMan. I had a similar question. My thought is that if the spouse is a dependent, then it shouldn't matter what status s/he is, as long is it is legal.

    The next question is, suppose we apply for EAD, but the spouse's current student status expires before receiving the EAD, do they fall out of status?

    Thanks,
    Ams




    chanduv23
    09-17 12:30 AM
    If people cannot lift their heads high and stand up for themselves - no one will save you or care for you

    Lou Dobbs and Ron Hira and all the other anti immigrants will put all sorts of labels on us liek macaca, illegal, job cheaters , and what not

    DONT YOU ALL WANT TO STAND FOR YOURSELVES???

    EVERYONE EVERYONE TO DC YES, THIS IS THE ONLY CHANCE - SO YES - SHOW YOUR FACE - TELL THE WORLD TYHAT YOU HAVE A FACE

    EVERYONE TO DC



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