Sunday, June 12, 2011

persistence of memory

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  • snathan
    03-30 05:08 PM
    Thanks guys for your support. Its not that I didn't want to contribute and I will definetely do it once I get my H1 visa stamped.

    Status Update -
    Manager is working actively on getting all the documents ready including detailed job description, requriements that were posted when I joined, vendor letter stating they cannot provide the master agreement with detailed duties. My client lawyers have asked the vendor not to share the master agreeement otherwise it will be a breach of contract, so there is nothing much my manager can do.

    My company has already prepared a letter to show work schedule if I get out of work with current client.
    So now I have almost all the letters that I have been asked for but I'm still not sure if I will get the visa without the master agreement. Do I have a choice?

    What do you guys think?

    How about your client directly sending the agreement to the cosulate through fax or whatever your client's attorney is saying (breach of contract) get it in writing or print out the email and submit as evidence with other supporting documents.


    This is the exact reason we want to work more aggressively for 'Filing for I-485 when PD is not current'. You wouldnt have to be in this mess if you have EAD.




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  • suresh_la
    12-01 05:16 PM
    Hi

    If any one can answer my question above , please

    I am in dilema

    Thanks in advance




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  • GCKaMaara
    11-26 03:14 PM
    there was nothing to be so touchy in those two lines of mine!

    He he he. Remember your first year after birth and follow the same practice (you didn't speak during that time :)).




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  • ssharma
    04-27 01:36 PM
    Your question has been answered at www.immigration-law.com ( advanced Q&A section). I am copy pasting :

    Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?

    A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
    Ref: http://www.immigrationportal.com/archive/index.php/t-210170.html



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  • new2gc
    08-13 01:42 PM
    Total H1Bs sponsored by the dirty 4 Indian companies are 12000 multiplied by $2000, gives 12 million if you add same no of L1 visas its only 24 million not 600 million. Obama requires a calculator .

    Poor guys... they can give away $7.5 Billion to some country as Aid, but cannot secure their own borders without increasing burden on H1/L1 Visas for $0.6 Billion(not even 10% in comparison ) ....what a pity.... :mad:
    This is pure B.S. politics....




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  • Aah_GC
    05-30 03:46 PM
    Also when quitting what is the must-have documents we need to secure before leaving employer X.

    Can someone please reply on this

    If you can get your hands on photocopies of Labor certificate, that would be awesome. Otherwise, make sure you at least have the following -

    1. Experience letter (with last day of attendance)
    2. I140 receipt
    3. I485 receipt
    4. Paystubs for 6 months of employment post I1485 receive date

    You are good to go from there.



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  • Winner
    02-18 11:57 AM
    Hello IVans,
    My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.

    Thanks.




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  • dollar500
    04-09 07:30 PM
    I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.

    The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.

    Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?

    I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.



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  • gee_see
    10-19 02:21 PM
    I found an interesting article on AC21 portability in cyrusmetha.com

    Here is the portion of the article appeared on May 27, 2005
    about PORTABILITY DURING ADJUSTMENT OF STATUS
    -----------
    Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
    ----------

    Experts please discuss....




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  • kirupa
    03-02 04:23 PM
    Traditional painting qualifies!



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  • hpandey
    06-02 03:16 PM
    you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?

    As people have said above as soon as you move from H1 to EAD your H1 would be no longer be valid and hence the corresponding H-4 status will no longer be valid and since you cannot file for AOS for your wife now , your wife will be out of status.

    This information will come up in future when you apply for I-485 for your wife.It does not matter if your wife is still in the US or not. She will be out of status if you lose your H1 status ( just like anyone who loses his H1 status the dependent also loses his status ).




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  • qplearn
    11-20 08:05 PM
    The email id for 60 minutes is:

    60m@cbsnews.com

    After sending email, put a post here so we know how many emails have gone.



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  • manusingh
    01-08 10:06 AM
    My wife attended for H4 stamping at Hyderabad consulate yesterday, 10/13/09. The consulate officer was asking for my current visa copy even though my wife gave my H1B extension approval copy with valid I-94.

    Here is the immigration status so far:
    1. Current H1 valid from Oct 09-Sep 11 with I-94
    2. Earlier changed from L1 to H1 in April 2007. Then traveled to India using AP as I filed for 485 in Aug 07.
    3. Had L1 visa stamping in Jan 2006.

    So my old passport has L1 visa and new passport has AP stamp. Now I am thinking to answer the US Consulate Hyderabad explaining my current status - that I have a approved H1 petition but no visa stamping.

    Please let me know your suggestions!!! Is there any chance that the visa can be rejected and revoked.

    Now my last option is to apply for AP for my wife while she is in India.

    Can I apply for AP when she is in India?


    Thanks

    Hi

    Does your wife got H-1B stamped, could you pl send us all details. It may help us.




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  • gcaspi
    01-23 03:50 PM
    Can someone tell me how the dates get opened by embassy..
    like they open slots for a month ...Like for the month of march do they open dates in Feb last week and we can make apts only for March something like that.

    Thanks in advance.



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  • Lasantha
    02-12 02:41 PM
    But I think the best approach would be to talk to a lawyer. Don't take any chances with this.

    yeah she is second generation Indo S.African (another 3rd world country). Will you please let how to change country of chargeability with out talking to any immigration attorney




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  • crystal
    10-17 03:07 PM
    serch for what u r looking for here

    http://www.google.com/coop/cse?cx=012620551926076505117%3A4ha20owcsow



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  • ds37
    06-12 10:33 AM
    Why before October?

    Because Mahatma Gandhi was born on october.:):)


    His 6years end in oct 2010.


    ds




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  • vparam
    05-14 08:04 PM
    My PD will become current. I want to support IV, so contributing agaain.

    today 100, 450 till date.




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  • vishals_me
    04-17 03:04 PM
    Hi,
    Even i reviewed the list of NOC on their site but I don't see any chages. But i could see one thing on that pdf list is the date still says February 5, 2009. So it;s not updated as per April 15,2009 if they revised the list.
    So need to find out wether they revised the list of NOC or not..
    any one knows???


    Thanks in advanc,

    Vishal.




    bbenhill
    01-12 01:03 PM
    Its' very depressing state, I really feel bad about current state of affairs of economy...

    Its' very depressing , So lets close this thread :(

    But gcformeornot Don't give me read for that , Nothing against you , I am giving you green

    Skd, it was nice of you .. I gave you green :)




    JDM
    08-06 08:53 PM
    I am a June filer (2003 PD)... My GC was approved in Sept 07. My wifes is still pending. Send application on the same day, FP done together etc... Go figure!:rolleyes:

    Sept 07! Did you enquire with them as you should now be eligible to ask them since its already sixty days have past since you got your GC!
    Looks strange.



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