Friday, June 10, 2011

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  • angelfire76
    04-01 03:29 PM
    "===============================================
    It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.

    If travel is a must, it is advised to the employees to carry the following supporting documents:

    1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
    2. The usual check list for H stamping and employment verification at the US port of entry

    The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
    "===============================================


    Does this make any sense? Isn't the LCA supposed to be proof that they have tried to recruit willing and able US citizens? Employer anyway would not retain resumes of people they received years ago, when the LCA was approved.
    I wonder which attorney sent this.




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  • sreedhar
    11-09 12:57 PM
    Recently I have got Denial notice from INS on my I-140 application. All the documents are fine. Just They have mentioned as My Education Qualification is not equivalent to US Education. My Education is B.Sc. Physics and MBA.

    Is anybody has got same problem, and if yes Please let me know what to do in this situation.

    I am thinking of getting good Education Evaluation from Somebody. But I don't know it�s just happened because of Lawyer. Do I need to go to smart , strong Attorney to do this. OR Apply for new labor again and start the process.

    Please suggest me on this.

    Thanks

    Yogs.



    Sorry to hear...is your I-140 EB3 or EB2...If its EB2 then 4 of my friend got same results.




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  • Matt Peru
    08-17 08:52 AM
    Hi Prem,

    Thank you very much for the insight of my issue. Just want to inform you that my employer(who intitiated the transfer now) are the employer and the client for me. Hopefully I might not get any RFE and as you said if I get the reciept number after 14 or 15 calendar days and update the result of petition in a week or so, that would be great.

    Once again thank you very much for your reply. I will keep posted about my status.

    -Matt




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  • whattodo21
    10-25 09:22 AM
    how do you get a copy of the approved i-140 if the employer is not willing to give it?



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  • snddlth
    08-18 08:46 PM
    You can open a PO Box in your name and update the address with USCIS. I've done that.




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  • sertasheep
    07-09 08:26 PM
    nixtor and english_august are requesting IV members to join them tomorrow in Washington DC.

    It would be great if members are able to make it to this event.



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  • KbK
    07-20 04:38 PM
    Hi eagerr2i,

    Can you give some details about, how to get the certification. My wife is also doing her teaching credentials in the community college and we live in california.
    Thanks buddy for your help.




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  • fromnaija
    11-14 11:47 AM
    Unfortunately for renewal and replacement EAD you will have to pay the new fee of $340 and yes your EAD will be valid for only one year.



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  • piyu7444
    04-21 10:52 AM
    What if this was a situation with someone who was NOT working for a NON-PROFIT but for any other FOR PROFIT corp?

    Suppose I worked for a FOR PROFIT employer for 2.5 year and have .5 year left on h1b and then I file for 3 year extension of h1b. Once I get approval I move to EAD and work on EAD and then after 1.5 year I want to come back on h1b .........CAN I DO IT?

    Can I still use the peition which was approved for 3 years?
    Will I be counted in CAP and will have to go through lottery?

    I am sure I will have to leave US and go to home country to get a h1 stamped but just want to make sure that it is a NEW h1 or just the old one which I can use.........??

    Please help me as I have been trying to find a CLEAR answer on the board and was not able to get a straight answer. I have asked my lawyer also and she is researching it.........I will post her findings too.......




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  • deardar
    07-06 10:55 AM
    Brother why ?



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  • bekugc
    04-02 11:22 AM
    hi dhundhun,

    this is not normal scenario; even many h1 dependent employers are providing timely paystubs like clockwork.

    in visa stampings they do value bank statements with payroll deposit; so in worst case scenario they cud be used to explain ur case.

    Also if ur company is mailing stubs to u via postal service, u can record the postal date on the covers and show that regularly ur receiving paystubs in a delayed fashion. The Lawyers are allowed to explain clearly in text during a RFE, they cud attach the bank statements and use this postal mark/actual pay date delays to explain ur situation.




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  • VickIowa
    12-28 11:07 AM
    You are actually expected to provide the latest I94, I believe that your employer may have filed an I9 based on your latest I94, just find the I94 # and the local customs and immigration at the airport should be able to issue you a new one. If you have a copy or the number of this one it would help.

    Does the I-9 need to be refreshed each year?

    I have a copy of my Jan 2009 I-94 which is not the most recent one - I believe that was the one that was sent to my employer's lawyers. In Jan 2010, I did get an original I-94 (the one I lost) but did not use it to apply for I-9 (atleast to the best of my knowledge).

    Thanks for being so responsive and helping me out. The other thing is the time constraint that I have to take off on Dec 29th (tomorrow). What also worries me is that if I approach the Immigration/customs folks at the nearby airport, won't they basically ask me to fill an I-102 and wait for 3-6 months before I can travel? I don't want to do that since I need to travel now due to family issues.



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  • gc4me
    05-31 08:18 AM
    How can we reach the rest of ~496,000 skilled immigrants who are waiting for their green cards? where are they??

    I am not an active IV member but not inactive as well. I called all my retrogressed H1B DESHI friends, talked to my colleagues and reached almost everyone that I known.
    Some of them don’t even know what is visa number, when you can apply 485 etc basic things, unbelievable. They are here 3/4/5 years and already applied for LC. (MESSAGE EDITED) It is very difficult to reach them let alone request for donation.




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  • GC_1000Watt
    02-15 02:34 PM
    The per country limit for countries is 7% and for dependency is 2% . I am not sure what the exact definition of dependency is. The FAM manual lists dependencies. Greenland is listed as a dependency.

    Greenland became an integral part of the Kingdom of Denmark in 1953.

    Greenland - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Greenland)

    FAM Manual

    Powered by Google Docs (http://docs.google.com/viewer?a=v&q=cache:duOg7IY_8mcJ:www.state.gov/documents/organization/87529.pdf+FAM+dependent+area&hl=en&gl=us&pid=bl&srcid=ADGEESg0NHOav5w3YDyGRuQ-5l8cUKd7K2x0xOpgUYuc2NMh4tdd3NmeDc4St58eMcS1B8SNt1 MNP82kcQSARNnTKrvmZZUV5yKuQ9_TDvjjfsQNfLurfQ1SfFFA 18ETbPO8Qp6lJbtM&sig=AHIEtbQOfqJ345B3_l9i_ta2BfQz-cTCTg)

    If Greenland which is a part of Denmark can be listed as a dependecy be classified as dependencies and given their 2% share each why cannot Union Territories of India i.e. Union Territories:

    Andaman and Nicobar Islands
    Chandigarh
    Dadra and Nagar Haveli
    Daman and Diu
    Lakshadweep
    National Capital Territory of Delhi
    Puducherry

    So which union territory of India you were born in? ;)



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  • sam_hoosier
    11-12 03:44 PM
    Gurus,

    I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.

    Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.

    Will I have to pay taxes in USA.

    Thank you for your time.

    You can set up a company in India, while you are on an H1B. Are your clients in the US or India ? India & US have a double taxation treaty. If you get paid in India and keep the funds in India, you dont have to pay US taxes on that income. But you will have to pay taxes in India and report in the US.




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  • tcsonly
    12-12 06:55 PM
    USCIS will send an IO to your home within 48 hours. He will take pictures with your family, have lunch or dinner and issue the Green Card to every member of the family.

    Looking at your signature, wanted to make sure you provided the answer based on your personal experiance.

    I didn't know CIS became so customer oriented all of a sudden.



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  • LostInGCProcess
    02-04 06:30 PM
    thx vhd999,

    was it Fedex/UPS envelopes or USPS ones?

    thinking of sending both :-)

    If at all you would like to send, then better send USPS overnight envelope. They are also very reliable.




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  • hoosier07
    07-25 05:37 PM
    You can apply for a duplicate with the form I-824.

    http://www.uscis.gov/files/form/I-824.pdf

    Thanks! Anyone done this before, I am wondering how long it would take for me to get a duplicate copy.




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  • anilsal
    12-19 12:30 PM
    Good to know that. Actually, I have never called his office! I am doing that right away...
    Not from the bathtub. ;)

    Post your experience with the call.




    Bogdan
    10-22 01:15 PM
    I signed a I-9 form in 2005. At that time, I indeed was on a marriage based EAD because I had an I-485 pending, which later I withdrew and went for H1B. Since then, nobody talked to me about changing the I-9 (I should have thought about it though). However, I provided them with a H1B copy when it was issued.

    Since HR mentioned that my EAD expired and they needed a new one, it is clear that they were not refering to the old EAD (marriage based I-485), since that one expired in 2006. So somehow the lawyers, to whom I gave a copy of the EAD last year (they requested it), forwarded the EAD to HR.

    Of course HR can change my status in their records now (by renewing the I-9?), but I am worried about the damage is done already and my H1B is invalidated. I don't know how I can find that out.


    However, as I said, I did not sign any I-9 to confirm the H1B status, neither I did for the EAD (employment based I-485 pending). Given this circumstance, do I need to re-validate my H1B? I guess HR should have asked me to complete a new I-9 for the H1B. I am thinking USCIS colects the I-9's periodically so that they know how I worked, am I correct?




    skakodker
    07-05 01:14 PM
    Our current immigration problems are a great reason to unite, to strive to achieve a worthwhile goal. Sure we're facing challenges but, in my opinion, we have a lot to be grateful for. One has only to read the aforementioned CNN article to see just how tough life can be when it chooses to be. My green card problems (only mine, not yours) certainly seem trivial compared to the lifetime of pain life has visited upon those women. Read it-say a prayer for those less fortunate souls-and then resume the struggle with renewed determination.

    We will prevail.

    CNN is asking us to fix our(India) country first before asking for justice in this(USA) country..............

    http://www.cnn.com/2007/WORLD/asiapcf/07/05/damon.india.widows/index.html

    that is what CNN is doing now.........



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