Wednesday, June 15, 2011

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  • punjabi77
    08-06 12:12 PM
    In my particular case, when i signed the contract, the employer agreed to pay for my GC process. But as usual, My employer also did not follow the contract and when my labor was approved, he asked me to pay for the Labor and take care of GC application fees hence forth. I was kind of surprised and did argue with my employer. But Employer gave me an option to leave his company and move to a diff company if needed. But since the labor was approved and the current project was going fine, i thought of sticking with the company and agreed on paying the GC fees.

    I dont know if we can really go and harass our employer to re-imburse the GC expenses as they know what they are doing and what are the consequences if they go back on their words..I think they know pretty well about all the loopholes in this immigration process.




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  • justice4all
    02-25 04:57 PM
    This is the link.

    http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/21472-student-aid-ead-stage.html

    Hi akhilmaharajan,
    I cant access the link. It opens a blank page. Can you tell me why?

    thanks




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  • AgentM
    01-25 10:15 PM
    Hi,
    If anybody has used a lawyer for AC21, please post the lawyer details and their cost.

    Thank you.




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  • mbartosik
    08-20 06:35 PM
    I'm a UK citizen (waiting for GC), and one obversation that I have is:

    If you are very good in your profession odds are that you'll suceed in either country. But if you are average (and by definition most are) then you'll be at a disadvantage with respect to the locals when you go somewhere new, especially if you don't have good contacts.

    So I'd recommend thinking dispassionately about how good you are at your profession, and just as importantly how well that comes across in resume or interview. Do you have good contacts in UK?

    I'm not sure if "indefinite leave to stay" gives you access to the whole EU, but it's a path to UK citizenship which does give you access to the whole EU job market (language barriers permitting). It does suck that UK gov effectively retrospectively changed the rules for "indefinite leave to stay", but at least in UK there is an end date (unless they push it out each year). Here for some there is no obvious end date for the waiting.

    I also think that "indefinite leave to stay" may have a few strings (like GC six month in country requirement).



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  • sury
    11-15 04:17 PM
    can anyone reply on this..!!




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  • masti_Gai
    10-26 10:22 AM
    last year i applied for H1 transfer in the midweek of Oct-05 and got the approval on mid week of Feb-06. :cool:



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  • jackisback
    02-14 02:07 PM
    I would have loved to attend, but since this a long weekend I am going out on Friday and will not be back until Monday.

    Just FYI.. I did send the letters last week.

    Thanks,
    Abhay




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  • chi_shark
    10-16 12:27 PM
    look at your labor app... it states your proffered wage, job description etc. those are the terms and conditions... you can still get an EVL from your employer and have your lawyer (or have yourself) write a letter explaining how the EVL covers terms and conditions on the labor cert. in any case, this is a really stupid and unenforceable rfe... i mean how can the new employer even know whats in the labor and i-140? and without knowing that how can an employer "indicate" any compliance with t&c of labor and 140? i think you should be fine with just a plain evl that matches your job description and salary... at most, you can write a letter saying that "yeah the t&c continues to be valid".

    my 2 cents.

    may be not related ... but can someone explain what does this line mean ...

    The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.

    does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....

    anyone ?



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  • pathiren
    07-21 03:16 PM
    Guys this is not a post to project your problems. This is the post to build up support and encourage immigration voice to plan a campaign to address current backlogs and future backlogs which will sent in after August. Please build up support instead of asking questions. It is almost obvious the situation is not gonna improve in october, but it will go worse!!!

    Cheers and keep on building support!!




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  • sayantan76
    12-07 06:21 PM
    Maybe the definition of project managers varies by company. Most PMs I know have maybe around 6-7 years of work experience and I definitely wouldn't classify them as executives or even say that their employment is in the National Interest.

    However I do know of some cases where doctors have got NIW based on practicing in an under-served (rural?) area.

    Is there a way to prove that one who created a suite of applications without which a business unit will stop functioning comes under National Interest?
    Just a thought.
    I think - the spirit of EB-1 (manager) has to do with having full managerial control over people (performance management, hiring/ firing/ compensation rather than just supervisory control) and/or a business portfolio (say - head of a business division)

    but as someone pointed out - let lawyers figure out the best strategy for each case.......



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  • fuzzy logic
    06-30 09:54 PM
    Bumping - Any suggestions here.




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  • felix31
    04-18 11:26 AM
    vicks don,

    did you file with vermont before April 1st?

    my husband's I-140 case was initially sent to Nebraska (after april 1st batch) and it got transferred to Texas and we got Texas service center receipt notice.

    I guess you would send RFE to the center that issued the RFE. Wait for it to arrive....Also, you already have receipt notice, right? Look for the first three letters your receipt number starts with. If it is EAC, that your case is with vermont. If it is SRC, than your case is with Texas..
    hope this helps..

    Oh, and one extra detail, the online message from Texas says it takes 400+ days to process these applications. I am absolutely horrified by it..
    The web site says they are processing Jan 06 cases, but somehow that does not look real..



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  • rnvd
    10-30 03:48 PM
    Hi all,
    Here is my story. In December 2004 i went to India and i came back on the same month. At the PortOfEntry(POE), the Officer given I-94 based on the my the Visa of my previous company which is valid upto Jan 1, 2006.
    But i had already have approved H1B which is valid upto Jan 21, 2007. At that time, i didn't know it is a problem based on LastActionRule. When the time to file for my H1B extension(basically 7th Year) in the month of November 2006, my attorney find that i am technically out of status because of my I-94 is overriden by PortOfEntry eventhough i had H1B Approval with I-94. My Attorney explained about mistake by POE to USCIS when we filed my H1B extension and the USCIS approved my extension for 1 year from Jan22, 2007 to Mar30, 2008 because my Labor is pending. Recently this march my H1B extended to 3 more years based on I-140 approval.

    My question is if i will to India for vacation this November is there any problem in the port of entry. I haven't travelled since Dec,2004. I am going to use AdvanceParole(AP) on this vacation. Eventhough my attorney says there is no problem to go to India because we got two H1B approvals after the I-94 problem, but i am not 100% confident because at the POE they may create a problem. Can anybody please tell if u had same or similar problem and successfully travelled in and out of USA.




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  • immi_seeker
    07-12 08:37 PM
    ^^^^^^^^^



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  • wandmaker
    02-26 04:37 PM
    10 days back My employer called me and asked provide some more documents , so that they can appeal to USCIS....

    I was working on getting those documents, I was in constant touch with my employer...

    two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl

    If you call a nurse help line and tell them that "my kid living farfaraway city, he is sick, what options do I have to make him recover?" - The answer would be take him to a doctor. Same analogy applies here, Just mentioning 'some more document', 'doubts', 'working on getting those documents' does not give any of us the big picture. Consult an attorney and decide your course of action.




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  • pitha
    01-31 12:47 PM
    How certain are you about this statement. If infact your statement is true, all USCIS has to do is issue a clarification or memo on this matter saying if I140 is revoked H1b holders become out of status if they don�t leave the US in a certain time. That would be disastrous. In big companies (like multi national companies) if an employee leaves the company or is laid off I believe it is standard practice to revoke I140. They do that in my company. My company is no desi company it is a multi national company with more than 70000 employees.

    I have seen a lot of discussions on the status of H1 extension, if I140 is revoked or if employee changes company and nobody knows the answer. Can somebody who has some knowledge of this issue chime in.

    All the more reason to push for the 485 measure.


    All of them say ask your old employer not revoke I140. If I140 is revoked, H1B extension could be invalid. Currently DOL/USCIS does not have a process/bandwidth to handle revoking H1Bs pro-actively.



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  • thepaew
    09-24 03:44 PM
    Okay - Good Luck! I hope that you get your GC and admit soon. Most probably, I am headed to a non-US program next year as I have waited too long for the elusive GC. :-)

    Ciao

    thanks for your advice. It is still OK if due to GC screwup, I cannot attend rather than my GC comes through next year, and I fret over why I did not apply. of couse, this is a personal choice. But, this is how I have decided to face the situation. I know of people who have applied 3 times and gone through. Also, deferrals for genuine reasons are allowed by schools, though not all.
    Also, MBA process is less stressful than say, applying to MS from India. Being in USA for last few years, we now know better about what is what.




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  • hourglass
    07-16 05:43 PM
    "The formal announcement of the CIS �solution� has been held up because they need to receive approval from the Office of Management and Budget. This suggests that the CIS solution may include one or more changes to the existing regulations. In any event, all sources are reporting that, at a minimum, all July filings will be accepted. The possible regulatory changes suggest possible far reaching solutions that go beyond the immediate problem"

    where do you all see/consult for updates or news on USCIS activities?




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  • sintax321
    05-28 02:56 AM
    Soul you jsut wasted 10 min of my life waiting for your transitons........Good Job!!!

    The most beutiful ugly site ever.




    Soul
    06-12 07:32 PM
    lol you really want it? :P




    akilaakka
    10-05 12:44 PM
    If the information he said to me is true.

    He is from India.

    EB 2 NIW. Filed concurently in Sep 2005. Got his card and his wife's approved few weeks ago



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