Wednesday, June 29, 2011

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  • waitingnwaiting
    01-18 12:45 PM
    You should copy paste the post instead of link and forcing people to go to a website. I suggest you edit your post. Let people discuss here than on some other site.
    This person is ROW and current. Only EB3 I know the pain of waiting.




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  • rsrikant
    10-22 09:59 AM
    hey guys did anyone received EAD or FP??
    mine also TSC <> Vermont <> TSC...
    got transfer notice. don't have the receipt numbers for EAD yet.
    please let me know your status.




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  • desi3933
    04-02 07:43 AM
    ....
    without making the current company pay more to make up the #s
    (they are not willing to do so)

    .......

    H-1B employer is REQUIRED to pay prevailing wages to employee as per LCA. Employer does NOT have a choice here.

    http://www.dol.gov/whd/forms/wh-4.pdf


    __________________
    Not a legal advice.




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  • snathan
    03-31 08:02 AM
    Hi..

    Need some urgent help here..

    One of my friend is working for X employer on L1 Visa since 2007. He applied for H1B visa through Y company in 2008 quota, luckily he got it but never joined the company. Now his L1 visa is about to expire.

    Question is

    What will happen to his H1B visa after L1 visa renewal ?

    Thanks in advance

    When the H1B was approved if COS was filed and approved, your friend is in trouble. The moment the H1B was approved with COS - means the H1B was coming into effect based on the effective date and L1 was gone. But if your friend did not join the company who sponsored the H1B and still working with L1 - he is out of status. L1 was invalid and he didnot join the H1B sponsor. Effectively he does not have any visa now.

    But if the H1B was not filed as COS - Change of Status, he is fine. Now if you go to renew the L1, he would lose the H1B. Whatever the latest visa became valid. So if he wants to switch over to H1B and if its not expired, he may need to file for COS.



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  • panky72
    06-24 04:51 PM
    A friend of mine just told me that USCIS has issued "guidance" a couple of weeks ago that allows using the EAD and at the same time "preserving" the alien's H1B status.

    I can't find the document, but he swears that he read it..

    Not true. There was a request from AILA to USCIS regarding this issue for maintaining H-1 with full time employer and to work on EAD for part time work. USCIS does not not permit that at this time.




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  • Blog Feeds
    12-18 09:50 AM
    As a California immigration lawyer who files many asylum cases, I am used to thinking of a the United States as a place of refuge and to documenting the horrible country conditions of other countries. I have successfully represented applicants for asylum who feared staying in their countries because while serving in their countries' armies, they were harmed on account of their sexual orientation.

    It is therefore rather surprising to come across a story of a U.S.soldier who is fleeing to Canada (http://www.cbc.ca/canada/story/2009/11/20/refugee-board-soldier-lesbian.html) because she fears harm in the U.S. Army on account of her sexual orientation. According to CBC news, U.S. Army Pte. Bethany Smith fled Canada in September 2007 from a U.S. Army base in Fort Campbell, Ky. She applied for refugee status in October 2007, saying that she was harassed and threatened by fellow soldiers over her sexual orientation and feared that her life would be in danger if she were deported and returned to the army. The Canadian authorities initially rejected in her claim in February 2009. However, on appeal, the Federal Court of Canada held that the refugee board must reconsider the case again because the Board made several mistakes in initially reviewing her claim.

    The Federal Court's decision (http://www.californiaimmigrationlawyerblog.com/Smith%20and%20the%20Minister%20of%20Citizenship%20 and%20Immigration.pdf)noted that the refugee board failed to fully consider the evidence pertaining to the situation of gays and lesbians in the U.S. Army to determine whether Pte. Smith could have availed herself of protection in the United States. The Federal Court also noted that the Board failed to determine whether Pte. Smith would be persecuted on account of her social group - as a lesbian in the U.S. Army if forced to return. There were other errors mentioned in the decision.

    It is sad that the U.S. policy of "Don't Ask, Don't Tell," is the basis of an asylum claim in Canada. Pt. Smith was only 19 years old when she fled to Canada. From everything I read, it appears that she wanted to serve in the U.S. Army and no real desire to leave the United States. At a time when we apparently need people to serve in the Armed Forces and in fact give non-citizens a way to immigrate to the United States faster for their service, it seems ridiculous that an American citizen should have to leave. It it is time to eliminate the "Don't Ask, Don't Tell" policy.



    More... (http://www.californiaimmigrationlawyerblog.com/2009/11/us_army_soldier_applies_for_as.html)



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  • misha
    06-15 12:10 PM
    I have a question regarding Future Employment salary start date because my current salary is a little bit lower then the salary in PERM
    and I-140.
    I have approved PERM and I-140 with priority date in December 2005.

    I'm going to apply 485 and probably EAD in July.

    The future job salary in my approved PERM and I-140 is $30/hour

    At present time I earn $29/hour.

    When does my employer should start to pay $30/hour?
    1) Before I submitted 485
    2) After I submitted 485
    3) After I submitted EAD
    4) After I got EAD approval
    5) After I got 485 approval




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  • ketumax
    06-19 11:35 PM
    I am on H1B visa and my wife has filed N400. We have been married for 1 year and 2 months. she just gave her finger printing on June 10th. we have not yet filed I130 petition as of yet as we were thinking to do that after she gets her citizenship. But today I got laid off from work and the immigration officer mentioned that my wife should file I130 ASAP to avoid deportation. In form I30 On line Item 15 it says to enter the name and address of present employer. I got laid of from work on June 19 today and my wife is filing this I130 petition on Monday June 23. My termination letter indicates june 19th date. I will receive my last pay stub on July 3rd.
    Should I put the name of the current employer on line 15 or should I say "unemployed" and explain in a seperate piece of paper about recent layoff? I will be out of status and will be inviting immigration if I mentioned that. Please help.



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  • seeking_GC
    05-15 08:01 PM
    This is great news- has it already been introduced in the house? What are the next steps?




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  • logiclife
    05-21 09:55 PM
    Most companies that hire H1b workers or sponsor F1/OPT status workers for first-time H1 either have a law-firm deal all their immigration cases or an outside lawyer. Some of the big companies have a full-time in-house counsel.

    Some employers who rarely hire professionals in need of H1b may not be aware of process and may ask you to look for lawyer to do it for them. The H1B petition is filed by employer. However, employee can certainly help with it. Legally, the employer cannot charge the employee for USCIS fees or lawyer's fees. However, you can hire your own lawyer to help you with your questions and answers(if you hire your own lawyer, you can be comfortable with all advise he gives you, since he would have your best interest in mind as you would be the client). However, to file a petition of H1, your employer should be paying the lawyer(either your lawyer or their lawyer).

    Filing for H1B petition requires a fixed set of documents and its simple to do if you have time to do a little research. Many employees help their employers and together, they do it themselves without the help of lawyer, therby saving money. An average lawyer would charge 1000 dollars in fees for filing the petition. For USCIS fees, please look up their website.

    There are H1 specific forums on www.immigrationportal.com which would have more details.

    Thanks.



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  • punjabi
    06-25 03:05 PM
    Hi,

    Can you please mention the source also (example, the website) from where you copied this content?

    Thanks.


    For members doing the Calculations..............

    According to DHS | CIS Ombudsman Updates:
    During FY 2009 and FY 2010, usage of family-based visas has been exceptionally low, especially among spouses and children of green card holders (the F-2
    ...
    ...
    ...again go unused in FY 2010.




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  • somegchuh
    04-04 05:24 PM
    I think this thread is really good start. I think the inherent problem is not the fact that H1B is temporary and ppl want GC. Basic problem is ppl want the right to be able to work for who they want and they want the same for their spouses. This can be addressed by H1B reform also. But I think it will be an uphill battle because most businesses get captive employees by way of H1B visa and would be the real losers in case of a reform.



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  • ajju
    09-07 12:29 PM
    JazzByTheBay,

    good ones... I repped you for this effort...




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  • wc_user
    07-27 01:54 PM
    It turns out that it was the photos. I had already sent it. So, don't know why they are asking again. I am resending the photos now. I had a question. Though it is simple, I don't want to take any chances as we are planning a travel soon. They have asked me to write my name and Alien number on the back of the photo in pencil or felt pen. I tried writing using a pencil and it is not readable. So, what is a felt pen ? Is the idea here that whatever is written on the back of the photo should not leave an impression on the front of the photo. Thanks for your response.



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  • mbartosik
    04-01 11:30 PM
    This is from USCIS point of view. So they include all categories of I485 -- most will probably be family based. The I140 is exclusive to EB class. Of course USCIS does not publish stats that we would find really useful, even their process dates are works of fiction (or at least not totally accurate).




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  • sr1973
    07-23 12:22 AM
    I just created this thread but unable to see in the main page. If anyone seeing this thread, please post.



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  • cygent
    02-01 04:53 PM
    Hi Terpac,

    Is this EB2 or EB3? How many yrs. experience did you have when filing for labor?
    Which center filed NSC or TSC?

    Please consult your attorney, or also try www.thedegreepeople.com

    Do post/update your situation here to help the rest of us.

    Thank You!




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  • rsdang
    08-22 11:44 AM
    There is a pilot in progress where a combined document has been issued which serves both as EAD and AP and the validity is 2 years... So I would say its a matter of time if the pilot is successful.

    There are some conditions that need to be met.




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  • Hermione
    10-04 02:47 PM
    My understanding is that USCIS pre-adjudicates every application and requests fingerprint/namecheck, even if the dates are not current. It is done to weed out denials right away - you don't need to wait for PD to become current to be denied.




    sk.aggarwal
    08-05 08:44 PM
    If it is not too urgent for you to visit India. I would recommend you reschedule your flight and do H1 in PP. Its just too risky to assume that you will get approval notice before your vacations ends and you will be able to schedule appointment and get stamping done. If I were you, would have postponed unless its absolutely urgent.




    pmamp
    12-22 09:59 AM
    My LC application (RIR PD Oct 2003) from company A is pending in P-BEC. My RIR got denied recently in Nov 06 and my company informed me that they are considering to use TR->RIR conversion to upgrade the LC to RIR. Can somebody please tell me the process of TR->RIR converion? How long it takes? Pros. and Cons. ?Any help is greatly appreciated

    Meanwhile company B filed an LC (RIR PD March 2005). This is also pending in P-BEC. But the lawyer has not received any case number nor 45 day letter.The lawyer is not giving much information. Can somebody please tell me the process?

    Thanks

    I can comment on second item. I was in the same situation (PD March 05 @ D-BEC). There was absolutely no communication from DOL. One fine day in Sept, I got case approval notice (via lawyer). I think there is still hope yours may be done soon.



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