Thursday, June 9, 2011

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  • Munna Bhai
    11-16 02:02 PM
    what is the difference between visa bulletin and processing dates, how they are related.

    Thanks,




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  • saurav_4096
    12-22 03:36 PM
    Does one have to stick to old employer for 180 days after I-140 is approved before person can start with new employer and port priority date from previous job ?




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  • snram4
    06-25 04:49 PM
    what you mean by qualified people? Are you expecting a dynamic person with master degree or above with more than 5 years
    but less than 10 years and those willing to work 16 hours a day and ready to relocate any time and for the QA analyst
    position with the pay range of 30 to 40K? Then you will never get except some unemployed H1bs. I am seeing so
    many unemployed Citizens/GCs/EAD and existing H1bs are available in USA. The slow movement of H1b cap shows that


    That's correct.
    There are many unemployed, but there are not many qualified willing people available.
    Trying hard to recruit IT people for a month. Hardly finding any.




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  • rajeevkaza
    10-31 01:12 PM
    where did you see these 30/45 days numbers? you can apply an H1 extension upto 180 days in advance of the expiry of your current H1 (basically 180 days before the new start-date)

    Let me clarify you guys, 180 days advance to expiry is good, I am referring to applying in the last minute, ideally it should be atleast 30 days ahead of expiry date in order to avoid the complications.

    Secondly I am referring to applying for H1B Extension AFTER Expiry date which is good for 45 days. Hope you got it now.



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  • kondur_007
    09-22 09:58 AM
    I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.

    I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.

    I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?

    Well, you have two options:

    1. Use AC 21 (I am assuming your 140 is approved and 485 is filed more than 6 months ago) and move to another employer BEFORE the approval of GC. With this option, neither you nor your employer would have any obligation for the job after GC approval. Your AC 21 employer is now the "new permanent job" for you after GC approval.

    2. If you have good terms with the employer, ask them to hire you for at least 1-2 months after GC approval and then "fire" you. This way you would be safe. (it was not your fault but the employer fired you). Also if the employer does not pay salary mentioned in LC, you can leave them giving that reason (save the pay stubs for evidence later on, if asked for).

    3. If your employer simply do not offer you a job after the approval of GC, it still would not be yoru fault. In this scenario, likelyhood is that, you will be safe. However, this technically would be a sort of misrepresentation by the employer and on that grould USCIS can revoke your GC saying that "employer falsified the initial job offer and there was really no job ever for the position mentioned on LC". While this is a possibility it is a remote possibility.

    I would suggest option 1,2 and 3 in that order as "desirability" of your situation.

    Again I am not a lawyer, but this is what I can suggest as far as I know.

    Good Luck.




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  • suryamanikanth
    04-17 02:23 PM
    OP already mentioned the change was expected in the NOC list [On-Demand occupation list of Alberta]. Nobody told it would be closed after April 15. Did you see all the postings here before blaming others?

    hey dude there's nothing in the url u posted once go to the website and click the the pressure list url.that is the actual Noc codes that are active.Today morning when i spoke to the immigraton officer in alberta he was the one who told me ok.



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  • ryan
    01-26 03:35 PM
    Seriously, who cares that Andhra bagged 7 ranks. How on earth is it relevant to the discussion going on here? Plus this isn't a forum for Indians only(and I'm Indian).

    Stop posting these nonsense, amateur messages.

    LOL! Nicely said. Some of the "talent & skill" that move here, is just most unfortunate.




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  • krishmunn
    01-18 10:54 AM
    I dont think it is reasonable amount if it is 15k then why the employer will bother for a H1 in the first place in this volatile economy...I think it is around 4000k etc

    4K (I am sure you meant 4 K not 4000 K :) ) is also high. Most Attorneys like Khanna, Murthy charge between 2 - 3 K.



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  • mps
    06-04 11:26 AM
    I had used 6 months of previous bank statement (original) and had mentioned the same in the letter written to consulate officer.

    Using that my parents did get 10 year multiple entry visa.




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  • thandan
    03-15 03:29 PM
    Background:
    My wife and I are currently working on EADs obtained through my previous employer filing for my green card (eb3 India, pri date: dec 2005), my wife is a dependant on this greencard petition. We last re-entered US using our AP. Two years ago, more than six months after my I-140 got approved, I changed my employer (to a similar position in the IT field itself) and my new (and current) employer filed for AC-21. They have also obtained a I-797 for me as a backup which I have used. Also prior to getting my EAD, my wife worked on an H1 visa for a year and then we got EAD, she has been working on that ever since. Our EAD was recently submitted for renewal and will be valid for the next two years.

    I got accepted into a fulltime MBA program in the US, which I am planning to attend. This would mean that I quit my current job and after the two years in MBA I will be joining a different employer in a different field (ie: I will be moving out of IT into something like finance). I am assuming transition to F1 is out of question since I have shown immigration intent

    Questions:
    1) Will it be legal for me to go fulltime to school on an AOS pending status?
    2) Will I have trouble, re-entering the US on an AP if I travel overseas during the time I am enrolled in school?
    3) Can I use this EAD card to go for an internship between my first and second year (the job will not be IT)?
    4) Can I use this EAD card to work fulltime after MBA graduation, provided it is still valid for a few more months (the job will not be IT)?
    5) If my post-MBA employer files for a greencard for me in the new position which is different from IT, will I be able to use my old priority date of Dec 2005?
    6) To mitigate risk, my wife is planning to go into H1 so that I can get an H4 if going to school on EAD doesn't work. Is this strategy to use H1 during school time (and travel overseas and re-enter using H4) and use EAD while internship safe?
    7) If my wife cannot find a H1 job, can she work on her EAD while I am also using EAD to go to school
    8) I am assuming that for any EAD based status to work, I need to have a future job offer in the same category. My current employer will not do that.I can get a future job offer from a small IT consulting firm in the same IT field for which my greencard application was filed for. Will that be good enough to keep my EAD alive while in school?

    Thanks SO much for answering. I have this wonderful opportunity in front of me and I really hope immigration will not be a road block to achieve my dreams.



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  • BhanuPriya
    01-12 03:44 PM
    Received I140 Approved Documents using FOI Act.

    I use to suffer from my rough Employer (Desi), who never used to give me any of my Immigration Documents including Approved H1 dosument. I asked him to give atleast my H1 document so that I can go for Visa Stamping. He is such a bloody rough and he wants me to stay with him as bonded labor. I used to beg my Salary every month and never use to get my payment what I need to receive.
    Meanwhile, I heard about FOI (Freedom of Information Act) and applied for it in 7 months back for the Approved I140 Documents. I applied for it and forget. To my surprise I received all the I140 related Approved documents yesterday evening. I have already changed that rough Employer without Approved H1 Notice. Now, I am very happy person working for a nice and decent Employer.

    Thanks to all supporters/friends who work in these forums providing Information for the benefit of other people.




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  • cdeneo
    01-09 03:34 AM
    What happens if one does not surrender the I-94 when travelling abroad?

    My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help



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  • dazed378
    04-07 09:41 PM
    A small correction - the notice sent by IRS did not mention that my filing status was changed from "married filing jointly" to "married filing separately" or "filing single". The notice says that

    "We didn't allow your spouse's personal exemption because your spouse's:
    Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
    Last name doesn't match our records or the records provided by the Social Security Administration.
    Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
    If you have questions or need additional information, please have the following on hand when you call:
    A copy of this page.
    A copy of your tax return.
    The notice we sent you.
    If you disagree with this change or the way we processed your return, please contact us.
    ."

    Do I still need to file form 1040X? Please let me know.




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  • canleo98
    02-20 06:49 PM
    I don't think the data is right, though I can see my Labor filed under PERM and it shows status as 'Denied' but I have my labor approved and applied for I-140. Not sure why?



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  • centaur
    02-07 05:14 PM
    Just put in my year.

    When you sign for membership, there is a question you answer about EB category and PD, so I guess all 8600+ members have that. I mean we already have the information and most of the members seem to be in S/W.

    Is there anyway we can use this information thats in out database already, to come up with numbers? I assume that it should be do-able, however I am practically ignorant when it comes to computers. I mean I can use word and surf on the net, but thats it, but among all the experts we have here, maybe someone can work something out.




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  • vinkrish
    10-07 05:55 PM
    I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
    My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
    Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
    Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
    How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.

    Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
    "All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers “independent” forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."



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  • ultimo
    10-02 12:06 PM
    PD is important . inorder to use the visa numbers the applicant whose FP & name check is cleared but Pd is not current but other applicant whose Pd is current but name check is not cleared The person who cleared will get the priority instead of PD . one of my friend got like this . so its cat & mouse game anyone can get it




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  • DallasBlue
    08-23 08:55 PM
    I am new here, Could anyone explain what is Texas State Chapter Activation about? how does that work? thanks!

    welcome to IV!!

    Members from the state chapters carry out local activites at the city/state/regional levels.

    This message thread 'Texas State Chapter Activation' is/was created to bring together members from Texas, when the state chapter was activated some time back.

    Like explained in the above post, join/subscribe to the Texas State Chapter Yhaoo group and you will hear more from the Texas members about the local activities. Hope to see you in texasiv.




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  • sam_hoosier
    12-21 10:25 AM
    I will also be calling in.




    lazycis
    05-07 01:22 PM
    from AC21 memo issued on December 27, 2005

    Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
    Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.

    So find a new job before I-485 is approved.




    ravish_kaipa
    09-27 04:16 PM
    Hi
    Can you please confirm from your lawyer , if the A# shows up only if your 140 is approved or do you get one as soon as you have the receipt number . The reason I ask is , I saw an A# on my 485 forms that my lawyer filled and its the same number that shows up on my EAD and FP . However my company won't tell me if my 140 is approved or not .. so trying to decipher...
    Thanks

    tinoue I will suggest talk to lawyer,
    As per my lawyer, If at the time of filing of I-485 , you already have I-140 approved , you are supposed to write A# I-140 on I-485 Application.
    Otherwise they might assign New One..
    If you remember on I-485 Application there is place for A#.



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