Saturday, June 11, 2011

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  • cinqsit
    10-07 08:32 PM
    Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.

    As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
    "1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
    "1-A. If Yes, enter the previous filing date"
    "2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"


    Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date




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  • parablergh
    08-12 08:36 PM
    Hi, thanks

    Point 2 looks doable..

    Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1

    It is possible to set the start date further out i.e. 6 weeks. This would just need to be indicated in the underlying LCA and form I-129.

    If there is no urgent need for your family to travel to the U.S., I would recommend avoiding the possible hassle involved in having them show up and then rush to file a COS solely on their behalf. Keep in mind that a COS filed for dependents without being filed for the beneficiary (you) cannot be premium processed. Typically these petitions take anywhere from 2-5 months.

    If you file for a COS on your own behalf, you can provide your family with a copy of the petition and approval notice establishing that you have received approval for H-1B status. They can then apply at a U.S. Consulate abroad to obtain visa stamps to enter the U.S. Generally people do not run into problems with this as long as they can establish therelationship to the beneficiary (marriage certificate for spouse and birth certificates for children).

    If you have any additional questions I would highly recommend speaking to the legal group/team handling your petition as they are the most qualified to deal with your specific issues. Advice solicited via forums can often lead to incorrect and confusing answers.




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  • krishnam70
    02-22 09:40 PM
    Hi Kris,

    Can you please give the source from where you heard about this info? There are a lot of rumors being spread without any reason behind them. So this is important to find the source of the info before we get panic or make decision.

    Thanks.

    Amulchandra

    I can assure you this is not a rumor and has happened recently in my colleague's team. I agree that this might cause lot of doubts in people's minds but I just wanted to share the info so that people don't get in to trouble. It is quite possible that this is a one off incident. People should share such information if it come's to their attention. This guy was told to return from POE

    Regarding the rights of the IO at POE. I am not sure if it is within the right of the IO to decide in this case but I have read somewhere that the IO has the power to decide whom to allow or not according to the interpretation of law. I am not sure what law was used to interpret the situation here by the IO

    If this post has caused unnecessary concerns I urge you to ignore it. If people who are back from visiting other countries or trips back home can post their experiences at the POE or any contradicting information then this one could just be a one off case..

    good luck
    kris




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  • a.j.2048
    09-05 12:34 AM
    Are people being bumped off now either for protection or revenge? Doesn't make sense that so many would die out of grief.

    Why isn't AP under curfew when so many are dying?



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  • franklin
    07-21 03:14 PM
    Please don't dilute IV's group efforts

    There are 2 outstanding action items - have you completed them?




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  • fromnaija
    07-20 05:32 PM
    Thank you!

    http://www.insvisa.com/faq/department_state.htm#15

    not an authoritative source but if both of you are in USA right now then you need to bring the kid now before GC approval on dependent visa



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  • tonyHK12
    01-07 09:17 PM
    THe Lottery is the dumbest piece to obtain GC. Imagine some guy who does nothing to the USA applies, comes here sucks the $$ out of the system by coming here, staying here and enjoying all monetray benefits of a GC like unemployment benefits etc


    People who have been paying taxes for 6-10+ years and working in the US economy get only 50,000 Green cards a year, while 50,000 complete strangers in a foreign country get Green card in a year because they happen to be lucky and win a lottery !! :mad:




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  • gjoe
    10-05 11:07 AM
    Are you a lawyer? :)

    Lawsuit was done few years ago by Rajiv Khanna. Its big business for the lawyers. End result: nothing. So if you want to throw your money to the lawyers, be my guest.

    God helps those who help themselves and not to those who throw money to the lawyers. If you want to help yourself, then help IV.

    If we have a strong case we won't end up in monetory loses. BTW USCIS has plenty of money now to pay with all those new fees they collected for the applications.
    Lawyers will charge money for their service, but finding a good lawyer is what we have to do.

    PS: Pardon my typos and spellings



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  • rani77
    03-17 07:57 AM
    I saw your post completely. It looks like that is a no go but you can try two things open a MTR and file an 140 in EB3 .Also parallely start another new case from scratch . You PD is Aug 2006 which may not seem a big advantage now but in a couple of years of time it will be. This may also cost a bit more so apart from financial aspect it doesnt hurt more to do these do things parallely. You got to take the call. Also make sure that you hire a good /well know attroney , your case typically indicates that the attorney made the wrong decision in filing




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  • slowwin
    04-25 11:30 AM
    hello folks,
    I am switching jobs after an approved I140 and over 180 days from 485 receipt.
    I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
    - is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

    one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

    I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

    Thank you

    Rex

    Rex,

    1) It is better to send in an AC21 letter, when in doubt i.e, in case your employer revokes I-140., even though you have crossed 180 days threshold after filing for I-485/AOS.

    2) Retain your own lawyer and change G-28 to him/her. For changing G-28 to self is done by sending in a letter to USCIS saying that you are withdrawing the representation rights (for you) of the the previous lawyer.

    3) First Change address. Use AR-11 form. send it to the address shown on that form. secondly, Call the number on your I-485 and other receipts to update your new address.

    The proper sequence to follow is 3, 2, 1.

    Thanks,

    ----------------------------
    DISCLAIMER: Not a legal advise. This is my personal opinion. Consult an attorney to proceed.



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  • Johnny Depp 82605334.jpg


  • spicy_guy
    04-08 04:47 PM
    I believe the intention of not moving too much beyond jul 06 , may be to make some spill over benfit happen to EB3 also. If they open the gate for EB2 now, lots of 485 application may come in and there may not be spill over to EB3. :)

    Krupa

    If that were to happen, EB3 I should move at least one month ?!!?!




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  • simple1
    10-07 04:13 PM
    Leave the usa immediatly. you are already out of status.
    Consult your attorney before taking any decision.

    hi,
    I am in a similar situation.
    I have a valid visa stamped on my passport till the sept 2010. And I moved to company B after I was let go by company A. The I 797 approval for company B I got did not have the I 94.
    I got the approval yesterday with a letter saying that my extension of stay has been rejected.
    The letter also said that I was staying in the country after my H1B with company A has been revoked, which is against the law. It is also mentioned that my I 129 has been mailed to the consulate of my choice(which is in India).

    Does he mean that I need to attend the consulate to get my I 129? If so, has the visa stamp been revoked?
    Is it ok if I attend the consulate in neighbouring countries like mexico or bahamas instead of going to India?
    If the Visa stamping has not been revoked, can I just cross the border for an I 94 card?

    Any advice is valuable to me.

    Thanks in advance.



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  • ssreenu
    04-13 01:15 PM
    I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
    1. if the LCA filed will any longer be valid and that might cause issues with labor dept
    2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
    3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.

    when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.


    You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.

    The answer to a simple question of whether you can work in a different country when you hold H1B is "YES".

    Tax laws hold good for expats(people working outside USA) meaning the same rules would apply if you are living in one sate and working in another state (within the USA). Even in USA, LCA should be filed in every state that you are going to work(no exception), most of the H1 extensions get rejected because of LCA not filed at the client location. I am sure one will have check the tax laws even when you are working out of state(forget about out of country) and if you don't follow the tax laws you will be in a soup when IRS finds it out. Remember to take "Tax Breaks" when you claim expenses. You have to take a 21 business days break within the first year and 6 months break before the 2 years end and the cycle will be reset for Tax breaks. You have to be legally present in the USA to get your H1B extended. Attorneys are the best people to advise on the legal implications.




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  • test101
    07-08 02:00 PM
    I'm sorry but why he did not say IV... i'm not trying to offened anybody people from all over are sending as well. it would make it better if he said the legal immigrant community



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  • Prashant
    05-29 08:31 AM
    Hi,
    You can fill up these forms save and exit without picking a date ..
    after u have save ur application it shouldnt take more than a minute when u want to pick a date .. I guess u got keeping looking ..




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  • jamesbond007
    05-21 01:05 PM
    Question to Carl:
    Can a H1 be applied for the father now? (If he has I140 approved, would this new H1 be cap exempt?) There by all his family can avail the dependent H4 and be together?



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  • maverick_joe
    02-12 02:46 PM
    it wudnt be automatic simply because the primary on the 485 might not be ROW but the secondary would be ROW.

    I would think Cross-Charegeability is automatic. I mean if one spouse is birth country India/China and one is ROW, I would think cross charegeability is automatic but then again not a 100% sure.




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  • blizkreeg
    01-26 12:44 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.




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  • guyfromsg
    07-18 08:34 PM
    Hi,
    I am in the same situation. I just got the tracking number from my lawyer for the fedex that he had sent on June 30 and he has sent it to Dallas . I live and work in California. I went through the Direct Filing press release and the USCIS link :
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    and now I am confused as to whether my lawyer did the right thing or its ok to send the application to Dallas??

    Anyone any thoughts???

    Here is my opinion. I read in some posts that they will redirect the document internally to the correct processing center. The direct filing rule comes into effect on July 30th and they may be strict about filing center after that. As I said this is my opinion. Let me see if I can find the official answer in USCIS site.




    snathan
    08-18 05:10 PM
    If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.

    My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.

    If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.

    This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.

    Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.




    saurav_4096
    04-12 09:38 AM
    Gurus,
    Please help me guiding in my situation:
    I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.

    I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
    They had sent me a questioner about previous employer about salary being paid etc.

    I am not sure what should I be doing in this situation:

    If I reply with all facts this might effect my pending H1B status for new employer.


    If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.


    Third Option could be that I do not respond at all
    [They had mentioned that I am NOT required to respond.]

    I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.

    Thanks
    Saurav



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