Thứ Tư, 15 tháng 6, 2011

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  • aachoo
    04-22 12:51 PM
    This is literally word for word the RFE I got. Basically an employment verifications. I did not use AC21, no job changes, no nothing. Attorney aid it was normal and responded in 2 days.
    -a



    My lawyer got the RFE notice yesterday....

    USCIS requesting the following...
    1. Dated letter from employer detailing job duties and position
    2. Your proffered position if different from current one
    3. Date I began employment and current salary
    4. Letter must be signed by executive officer of the company
    5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist

    They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.

    My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.

    Please reply with your thoughts.




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  • snram4
    01-25 03:09 PM
    Even CIR comes most pro immigrants groups will oppose. CIR will not have Guest workers program for low skilled workers because of high unemployment. So Business and pro illegal group will oppose. EB reform will be there in the CIR. But that will come with Grassley's restrictive bill on H1b. So, for that most high skilled group including IV will oppose. So CIR will be opposed by everyone. Status quo will continue till some compromise is reached.

    When it is piecemeal people say we want comprehensive reform.
    When it is comprehensive reform they say it is too broad to pass .
    When it is summer they say Immigration Bill be introduced as early as Winter .
    When it is winter they say it immigration bill will be introduced as early as summer .
    When it is between spring(between winter and summer) they say now there is not adequate support for the bill.

    This is a clear motive of hanging immigration reform like a bone in front of the dog and making him run around it and pay taxes .




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  • tabletpc
    11-29 02:43 PM
    senorita..raj here...

    here comes the answers for your responses...


    1) Since I wont be coming back to US as of now, what if I do not get my H1 visa stamped. Can I use my approval(I-797)in the present consulting firm's name, for getting H1b stamped through any other company in future.

    You need pay stubs of working firm to get the stamping. If you are working presently ..u will ahve some pay stubs and you can use it and get stamped.

    2) I understand that stamping is needed only for reentering US. What if i just get the stamping done and still do not come back. In that case, can I still transfer my stamped H1B to any other company without working at all for the consulting firm whose stamp I have on my passport.

    If you live out side US for more than 360 days , then u r H1b is invalid. In order to return again you should apply under the H1b cap.

    Hope this helps....




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  • bfadlia
    03-18 02:56 PM
    would that invalidate the SSN?



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  • gc_peshwa
    04-15 01:51 AM
    Spread the word about this campaign with ure friends,colleagues, lets 'DOS proof' our future :-)




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  • gc28262
    03-27 10:05 AM
    I entered on H1 not AP. Hope this is safe :).
    Yes, you should be.



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  • cableching
    07-18 06:14 PM
    USCIS Looks at I-94 you entered on the I-485 application.
    You must enter the latest I-94 number on the I-485, which is the one you get when you enter US on Aug 15th.

    That's the basis for them to track your status in US.




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  • Beemar
    04-02 12:56 AM
    Babu Moshay, control your temper. As it is we dont have many non-indians in our group. You are putting off stray non-indians who come here to seek advice. (This guy is from Romania).

    If you cannot f***ing write that you are visiting your parents then you better not live in a country like thatt...are you a fool or what??



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  • jungalee43
    01-14 02:52 PM
    You asked for any news at all and here is update posted today on immigration-law.com

    "01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline

    Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
    As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned."

    Hope you feel relaxed for the day




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  • logiclife
    05-11 11:40 AM
    Venue

    Bombay Palace
    2020 K St. NW, Washington, DC


    Time

    6:30pm to 9:30pm



    Valet parking available(Free after 5:30 PM)



    Metro directions
    (Easily accessible by metro.)
    Few blocks from the follow. metro stops:
    Farragut North (RED line - Connecticut Avenue and K Street) and
    Farragut West (BLUE and ORANGE lines - 18th and I street)



    RSVP by Friday (05/12) 4:00 p.m.:
    (Please include the total number of people. Children not allowed.)


    jay@immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=jay@immigrationvoice.org)
    info@ immigrationvoice.org (http://us.f524.mail.yahoo.com/ym/Compose?To=info@immigrationvoice.org)



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  • GoneSouth
    03-16 08:29 PM
    GC: O*NET codes are used by the Department of Labor to classify occupations. The dictionary of O*NET codes can be found here: http://online.onetcenter.org/ You can click on the "Find Occupations" link and us the various search facilities to find the occupation that matches closest to your current and proposed future position.

    AJ: sorry, can't help on the priority date question. I think this has been covered in other posts on these boards though.




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  • deardar
    09-14 03:56 PM
    WOW - 6 to 7 congress men attending the rally- TOOOOOOOO GOOOOOOOOOOOOOOOD.



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  • Queen Josephine
    May 17th, 2005, 09:15 AM
    Awesome idea!
    Anymore idea anyone while I'm out and about on my day off?;)

    Joe, if you haven't noticed by now, I'm a photoshop person, so when I looked at your photos, I picked one that I thought promised the most interest if processed in photoshop, so I liked the 3rd one since it contained elements that draw the eye along into the distance.... I also processed it in photoshop (NO, I did not add or alter anything....just worked with layers and color enhancement... everything you see is in your original photo).

    Here's what it looks like with the shadows lifted and the original sky brought out.




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  • das0
    06-16 02:44 PM
    Predierock,

    Can you please adivse on the following:

    My wife is currently on H4.

    She has a H1b approved for 3 years to start working on October 1, 2007.

    Now, she gets a EAD (though my I-485) to start working on September 1, 2007 valid for 1 year only.

    She has a job and the company would like her join asap.

    Questions are:

    1. Will her EAD (I-485 pending) cancel her H1B approval for the company?

    2. Can she work only Sept 1 - Spet-30 on EAD and then fall-back on her H1B (Oct 1 - later) for next 3 years?

    We know that H1b is approved and all set for 3 years but Green-Card-EAD is only valid for 1 yr only and sometimes renwal takes time and $$ and bit riskly. So we cant decide if we should stick to her alreay approved H1b or fall back on EAD.

    Please advise folks.



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  • nvishy
    05-12 09:36 AM
    You have no other option except to wait in Toronto. If the consulate decides to issue visa, then there is no need to go to stamping in India as they will issue the visa themselves.




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  • belmontboy
    11-16 10:27 PM
    IV gurus Please help.

    My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
    Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.

    Is it true if a company laid of people it should wait 6 month before it files for labor again?
    Is there a way to avoid the waiting period.

    My friend is in 5 th year of his H1B

    Thanks

    Nope. That is not true. Either the company/lawyer is screwing your friend!

    You can avoid the waiting period by using "Notice and Consider".
    I had the same experience with FDBL lawyers, those guys were awful.
    Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.

    Hope this helps.



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  • Munna Bhai
    07-12 09:57 AM
    I don't believe so.

    Only H1 transfers have no cap, apart from non-profits.......
    Isn't?


    What you said is wrong, if you are in H1b, you can switch to H4 and come back to H1 without cap but I need more input. Like if I am on H1b based on I-140 and if my spouse is on H1b non-profit. how it works!!




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  • a_yaja
    10-05 11:07 PM
    yep .. that was my thinking.
    Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.

    So am looking for documentation on what the exact rules are related to an EAD.
    Any weblinks on this?

    I think there is some confusion in the way you have asked your question. Your question is really about AC21 and not EAD. AC21, among many things, allows one to change employers 180 days after the filing of the I-485 as long as the new job is same or similar to the job description in your Labor Certification. If this is what you are asking - then this has nothing to do with EAD. You can invoke AC21 even on H1B.

    EAD stands for Employment Authorization Document. It is a means by which a person can work legally in the U.S. Students who have completed requirement for a degree are eligible for EAD, anyone who has applied for I-485 is eligible for EAD, anyone who has applied for refugee status is eligible for EAD. Anyone who has an EAD is not restricted to a job category or classification which is unlike the H1B which is specific to a job, its classification, its location, employer, wage requirements, etc. If your I-485 is employment based and you have an EAD, you can quit your job and work in McDonalds as a cashier. The EAD will not prevent you from doing this. However, your I-485 application is no longer approvabe and it will be denied (this does not mean that you should quit your job and take up a waiter's job to see if the above statement is true - if you do - you are doing so at your own risk). And once your I-485 is denied, then your EAD is automatically invalid.

    What you really need to look up is the American Competitiveness In the Twenty-first Century Act (in short - AC21). This is the one that governs if your I-485 is approvable (a.k.a "getting a Green Card") or not after you change your job. Again, this applies to only if you are the primary applicant for an Employment Based I-485. If your I-485 application is based on marriage to a US citizen or is based on Family Ties to a US citizen or is based on application for Refugee Status (or any other category like finishing 4 year degree or higher in a US university), then the job you take up will not affect your I-485 application. Even dependents like spouse and children of an employment based I-485 applicatant can take up any job with an EAD and it will not affect the I-485 process.




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  • rameshvaid
    05-27 10:22 AM
    I don't think the letter was of any help, it said my case is still pending, and as I mentioned above DMV told me they already knew that, they had access to USCIS database.

    Thanks Bfaldia for sharing the info..

    RV




    h1vegas
    06-25 10:21 AM
    This is not correct.

    Managing the business comes under employment authorization whether or not salary is drawn by the owner.



    _________________
    Not a legal advice.

    Here is the reply from my attorney

    the CIS takes 90 days to issue the EAD cards; don�t panic as you and your wife are in valid status and not in violation of any rules because you have timely filed your applications for adjustment of status and your status (H1B and H4) are still current




    insbaby
    07-16 07:05 PM
    Hi,
    My CP interview has been sceduled at New Delhi consulate on Aug 26. I do not have any PCC (Police Clearance Certificate). can I get it in India from local Police station. I know it would be possible in India after giving Rs 100- 200. Anybody please give me the format of this certificate which I should ask them to prepare

    Please let me know if PCC is must from US consulate only

    Hopefully you have not sent email to US Consulate, Delhi asking what they suggest on this.

    Looks like you have not been to India for a long time.

    Even local police personnel are well educated on why you are looking for police certificate and its value. Also if it is related to US Immigration, most of them have instructions on what to do.

    So please be prepared to face it. If you end up doing what you have asked for, it will not be that much cheap.

    A coffee in a Level 3 city costs Rs.25, A lunch costs Rs.60- Rs.100. Do you think a PCC can be obtained for Rs.100 - Rs.200 targeted towards US Immigration?

    You will be surprised to see yourself counting every $ spending in India. Thats the reality now.

    Basic Rule: Be patient on any treatment you receive if you want to get your job done. At this short time, do not send passport in mail/fedex/ups/usps to any place. Even if it is expensive, travel.

    Good luck.



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