Wednesday, June 29, 2011

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  • perm2gc
    06-28 09:54 AM
    Unless the first company cancels their H1B
    they don't need to cancel the H1.As he might have been already working for company B.company A might have stopped running payrol for him..so he is already out of status.




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  • number30
    03-12 11:09 AM
    Gurus,

    My lawyer received Ability to Pay rfe on my I-140. My lawyer is ready with most of the documents

    Duration to be covered
    2004-2008

    My docs ready for the duration:
    W2s ( 2004 - 2008)
    Tax returns ( 2004 - 2007)
    Paystubs ( recent )

    Company docs ready:
    Tax returns: 2004 - 2007

    However for year 2008, company has requested IRS an extension to file tax return.Company is trying to come up with audited financial statement for year 2008. They are still working on it.

    However deadline for filing RFE response is this Wednesday ( 03/11/2009)

    My questions:

    1. Can my lawyer ask for an extension for filing RFE response in this scenario ?
    2. Are there any alternatives if my company cannot come up with audited financial statements in this time frame ?

    I appreciate your inputs.


    You can send the certfied statements along with bank statements along with explaination. But they will not consider that. But you have send for the heck of sending them




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  • saimrathi
    03-08 02:47 PM
    My PD is Mar 2005, and a status check reveals that my application is "IN Process". When can I expect to clear Labor Certification? What is the current PD they are processing?:confused:




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  • vadik78
    05-24 10:06 PM
    with experience you gain not only technical skills required to do your job, but also you gain project management experience. To be successfull in consulting world, you need to have strong project management skills and people management skills that come with experience... At least that's what I see in my company - one of the "big- four" firms (accounting, assurance and advisory services). Hope that helps



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  • yabadaba
    03-28 05:42 AM
    Feinsteins ammendment

    http://feinstein.senate.gov/06releases/r-agworker327.htm

    "To avoid backlogs, aliens who receive a green card under this program will be exempt from the overall numerical limitations on visas (i.e., 675,000 visas) and the country numerical limitations for Mexico, India, China and the Philippines"

    so does it mean if ur an agri worker a visa will be available to u? and if ur a professional u have the same retrogression cap??????

    what what I can make of this all un used numbers trickle down to theunskilled workers, so if the visa numbers are current for them with caps of 290,000. Indian and Chinese EB2 workers will still be retrogressed whilethese guys are current




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  • alterego
    09-14 08:48 PM
    Do you have a good relationship with your employer. If so, if you can get your hands on the BEC letter, ie requesting your employer whether they want to continue with the processing, then it is on that letter.
    The next question is should you continue with such an oppressive counsel at the next stage? Perhaps the lawyer is colluding with your employer, that would be truly difficult, since they could then just sit on the approved labour and not even file 140. You need to try and find out their intent soon.



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  • adhantari
    06-16 03:47 PM
    6 to 1...... maybe L1 guys don't visit this forum since they already got thier GCs....:rolleyes:
    H1 loosers still hanging here.....

    regarding L1s looks true....... looking at poll results so far.... c'mon L1s.... vote now.....




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  • akela_topchi
    01-20 12:42 AM
    Dear Friends

    I have a friend who is currently on H1B, currently on vacation in home-country, and stuck in PIMS verification.

    1. he has H1B from current employer (valid till 2009) - Employer1.
    2. another H1B from previous employer - Employer2. Previous employer ready to hire him again.
    3. His spouse filed for his GC and his EAD, AP has already been received. Spouse has approved PERM, pending i140 and pending AOS.

    He came on H4, converted to H1B (with Employer2), then switched to Employer1. Then went on vacation, and appeared for H1 re-stamping interview with i797, documents provided by current employer (Employer1).

    Now he is stuck in PIMS verification, and the current employer want him to join asap and threatening to terminate her employment.

    Assuming that current employer does not revoke H1B, but terminates him, can you help answer following doubts -

    [A] validity of such a stamp on passport -
    Q1. Will the visa stamp (with current employer) be vaild?
    Q2. Previous employer hasn't revoked the H-1B, will that still be usable for jobs, re-entry?

    [B] Re-entry
    Q3. Inspite of termination, can the stamp and i797 of the current employer valid for re-entry?

    Q4. Should he rather use i797 of the previous employer + passport (with stamp of current employer) for re-entry? Previous employer can provide offer letter and job description etc.? Is this route valid and will they allow re-entry on this?

    Q5. Though he wants to continue on H-1B, but if his current situation may result in violation of any provisions, should he rather use Advance parole to re-enter?

    THANKS A LOT IN ADVANCE FOR ALL YOUR RESPONSES!!!!



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  • Blog Feeds
    12-13 11:20 PM
    Immigration Lawyers Blog Has Just Posted the Following:
    The January 2011 Visa Bulletin shows significant retrogression of family-based categories with priority dates falling back as much as one to three years. The 1st preference category (unmarried children of U.S. citizens) shows an increased wait from 5 years to 6 years. The 2A preference category (spouses and children of legal permanent residents) suffers the largest setback with an increase from 4 months to 3 years, while the 2B preference category (unmarried adult children of legal permanent residents) experiences an increase from 5 1/2 to 8 years. The 3rd preference category (married children of U.S. citizens) shows an increase from 8 1/2 years to 10 years. The 4th preference category (brothers and sisters of U.S. citizens) was the only family-based category unaffected by the retrogression, remaining at a 9 year wait.

    Employment-based categories did not experience any retrogression and are as follows: EB-1 remains current for all countries; EB-2 remains current, except for India (May 2006) and China (June 2006); EB-3 is at Mar. 2005 for all countries, except for India (Feb. 2002), China (Dec. 2003), and Mexico (April 2003); EB-3 other workers is at April 2003 for all countries, except India (Feb. 2002); EB-4, religious workers, EB-5, and targeted employment areas and regional centers are all current.

    To view the January 2011 visa bulletin, see http://travel.state.gov/visa/bulletin/bulletin_5212.html


    http://feeds.feedburner.com/~r/ImmigrationLawyersBlog/~4/MqJ3r3NtuVk



    More... (http://feedproxy.google.com/~r/ImmigrationLawyersBlog/~3/MqJ3r3NtuVk/january_2011_visa_bulletin_shows_major_retrogressi on_in_family-based_categories.html)




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  • bayarea07
    08-06 09:23 PM
    Your Priority date seems to be Dec 2005 and if i remember correctly USCIS had a memo to complete all Background Check in 6 Months so yours should have been over long time ago.
    But Again I am not a expert here and could be wrong, EXPERTS please advise

    Does any one know on an average how much time it will take to complete background check?

    My PD is current this month and there is background check pending on my case..



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  • jonty_11
    06-19 12:32 PM
    link please?




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  • webm
    09-20 11:29 AM
    If you have the valid H1b stamped while your 485 is pending and got RN,FP done,you should not have any issues in POE.So are you done with your FP?? Its always safe you wait for FP and finish it and then decide your travel plans.

    HTH,



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  • kittu07in
    09-24 09:53 PM
    I believe, USCIS website was updated on Sep 21st 2009.

    My Priority date is Jun 2006 and applied in EB3 category.
    I got an email on Sep 22nd 2009 from USCIS saying "Document mailed to applicant". When I see online status, it is "Document production or Oath Ceremony".
    I called twice USCIS to confirm it. But they are saying "According to online status the document was already sent to your current address".

    I am in a situation to beleive it or not? to celebrate it or not.... :-( .....

    And one more thing is "I got EAD before my marriage and I haven't added my wife to I485"?

    If I get GC, how to add my wife to GC? is it possible? what is her status right now?

    Thanks in advance...




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  • prince123
    03-11 04:34 PM
    Hi,

    I was working with company# A as Electronics Engineer from Dec �03 to Jan �07 on H1B visa, Company# A filed my GC in May �05 (as Electronic Engineers (Except Computer), 172072.), then later I got very good opportunity in IT field, I quite Company# A and joined Company #B because I build very good relation with Company #A and there were ready to continue my GC file. In August �07, I filed I-485 (I got EAD based on pending I-485). Now Company #B giving me lay-off, so my question is �

    Company# A still want to hire me after I got GC (because they were very happy with me, right now they don�t have position to hire me back), In this case can I continue working in IT field on EAD status (right now I am on H1B). My current (IT) and Labor profile are both different.

    Thanks for your time.



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  • pt326bc
    09-26 04:32 PM
    Once you give out your EAD for employment your H1 status goes in limbo. I think the way to go back on H1b status is to exit the country and reenter with H1 visa and then work only for the employer who sponsored the H1b (in case something terrible happens to your AOS).

    But again this is just my analysis; and I am not a lawyer.

    Regards.




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  • techbuyer77
    06-19 12:28 PM
    I guess it gives you an idea how efficiently they work



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  • illusions
    03-31 05:42 PM
    i'll be at work at that time, hopefully i'll read it online. Thanks fot the tip.




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  • pan123
    01-14 11:15 AM
    Guys,

    Friend of mine has got H1B1 visa stamped now. But we just found out that on his passport ECNR is not deleted. ECNR is still required there.

    Can you guys help us to understand what this is? Do we need to remove ECNR before he travel to UR? He has BE (Mech).

    When I came to US my ECNR was deleted and I am also graduate.

    Your help appreciated.

    Thanks,




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  • averagedesi
    06-20 05:20 PM
    From what I understand the author means coud be mid July of 2007, note the words .. WITHOUT PRIOR NOTICE




    mjdup
    07-26 11:34 AM
    One year for my labor had not elapsed and I had no other way to get the 8thyr extension so my attorney applied for the premium processing, it was applied on 16th and got it approved by 27th of June. If your labor has met the 1yr req. you could always apply for the 1yr extn, don't see why you won't be able to use the 1yr labor rule..hope this helps,




    FinalGC
    02-24 09:08 AM
    My wife is studying for Nursing and hence I know the anser. Either General Nursing or BSN will allow you to give the RN exam. However, before that have your crendtials evaluated by www.wes.org, so that an US equivalency is established. Based on that you can apply for the RN exam.

    General Nursing is equivalent to an Associate in Nursing. For future promitions, BSN is better.



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