Monday, June 27, 2011

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  • psaxena
    06-30 01:13 PM
    When I asked my attorney she said no you cannot.. thats what I quoted here.

    Now with your suggestion, where this H1B gonna be coming from, the every year quota or will be the part of the existing H1B( that means one will not have to wait for the yearly quota.)

    On visa revalidation visa stamp will show which H1B , the fulltime one or parttime?

    This way everyone running out of the 6 years on Visa can actually use this route to have a total 11 years without filing the I-485. Moreover if this is true, everyone can have the backup H1B from any company in case they loose the jobs they can have the backup H1B to stay in status in the country. Now the other thing from that arises is if the main H1B is terminated on Layoff, which LCA will be in effect for salary condition.

    I can work in the Software company fulltime but at the same time can work in a motel parttime, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.

    Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.

    Mr Saxena

    Please do not post misleading information. If you are not sure of something, please refrain from posting on such topics.

    Now on to the OP :-

    YES, you can have another H1. It is considered as a concurrent H1 or part time H1. You may work on it without any issues once you get it.
    It would be a seperate case.

    It should not have any effect on your current H1 or 140.




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  • spicy_guy
    08-28 12:12 AM
    There is no point in moving the PD if they cannot process the PD's who are current. This is what is happenning now in USCIS. I would rather they move it by small amounts and process those who are current than give false hope to people!

    Another struggle with USCIS amidst a lot other... huh? :D




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  • p_kumar
    04-08 03:44 PM
    PD: July 01 EB3 India
    I-140 approved: 03/2004 (Not concurrent)
    485 RD: March 05 (CSC)
    Case transferred to NSC: 03/2006

    I am surprised you didnt get your GC around july,2007. are you stuck in namecheck?.




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  • pd_recapturing
    05-22 08:37 PM
    In my case, I have my EB3 labor and I140 approved with PD as May 2004. I have already started a new PERM EB2 from same company in order to port PD. I have not reached to the stage where I can apply I140 (under EB2) to actually start porting PD. With the new rule of "21st May 2007", I am not sure how would my case be treated? Can somebody shed some light on this?



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  • go_gc_way
    10-30 10:54 PM
    I was reading the USA Today articles and I have a suggestion...guys please try to do spell check before you submit to such forums. It looks bad on us especially when we call ourselves skilled immigrants.

    One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....

    It could be key board of the computer not working right .. ;)

    I will not worry too much about it . .. For those who do not have lot time to check spellings, I would suggest to put a disclaimer on the top, "you may encounter spell mistakes due to key boadd not functioning right." :D




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  • venetian
    07-06 11:44 AM
    Please let me know whether it is possible for a person with valid H1B pettion with expired visa stamping can use the AP at POE to enter the US and continue to work in H1B without using EAD.

    Thanks.



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  • GIDOC
    07-14 06:24 PM
    I think you should go ahead and apply as your lawyer is suggesting. You do not have anything to lose with this.




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  • whitecollarslave
    08-14 03:15 PM
    How long have you been on H1? Can you find a new job and transfer your H1 to a new employer? Your employer is legally bound to pay you the salary listed in LCA for H1. You do need to show evidence that you worked for your employer.

    Collect all evidence that you can about your employment, salary, contracts, etc. Have copies of timesheets, all email correspondence, pay stubs, any written evidence about how your employer did or did not pay you. Keep evidence of you actually working during the time, copies of approved timesheets would be very helpful.
    I am not sure how much money is in question here, but I would talk to a good attorney who understands immigration law as well as employment law in your state. Labor laws differ slightly from state to state. What state are you from?



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  • jthomas
    10-12 11:19 AM
    i filed for i-485, i-765 on July 11th. no receipt yet




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  • desighee
    10-28 12:21 AM
    Happy diwali to everybody.
    IV Folks,on this occassion I would like to quote a famous shloka from Geeta spoken by none other than the supreme personality of God head, the omni present lord Krishna:
    "Karmanye Vadhikaraste Ma Phaleshu Kadachana,
    Ma Karma Phala Hetur Bhurmatey Sangostva Akarmani"

    the gist of which is "keep doing your good deed and do not worry about the results,the lord shall bestow you with what you deserve"
    Folks, a lot of GC aspirants (like myself) are some of the best and the brightest people in the world,yet we are struggling in our lives due to this immigration mess created by an immigration system which is downright archaic and discriminatory.
    Our only fault is that we are ambitious and we want to succeed in the land of opportunities .We have this almost uncanny optimism to see light at the end of this immigration tunnel that seems to have no end.Yet everday we login to IV and other immigration websites to see if our fate has changed overnight,if the prority numbers became current,if the priority dates moved up by 6 months(and God forbids down by 3 years),if the HR5882 passed or it didn't because the senate decided to take the "horse rights" bill .Yet, we talk about flower campaigns to somehow make our voices heard, to somehow defend ourselves from the media assault launched by people like lou dobbs who constantly equate us with the illegals.We somehow try to do a failed attempt to distinguish our selves from the those guys who jump over from mexico border and work as labourers.We want to shout at the top of our lungs that we are not illegals, we are pefectly legal people who came to this great country of opportunities upon the invitation of US employers,we are doctors,engineers,scientists and phDs who probably pay more social security taxes then average population and who may never get that money back.All we want in return is a way for us and our spouses to work and live a decent life and live out the American dream without being exploited by the employers who is hell bent upon screwing us.This country is greatest in the world but somebody needs to hear the genuine voices coming from this strata of society.I have full faith that this country has the basic values of equality ingrained in system and we need to do our part to make sure those values are upheld when it comes to legal immigrants.

    Please keep doing your part and one day we'll see the light at the end of this tunnel.The rights of legal immigrants will certainly one day find preference over the rights of horses.



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  • dce.deepak
    09-18 05:44 PM
    its not 800,000 its around 190,000 for all EB1,2,3
    look at here May 2010 data
    USCIS - Previous Pending Employment-Based I-485 Inventory (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=16551543455e5210VgnVCM100000082ca60aRCR D&vgnextchannel=16551543455e5210VgnVCM100000082ca60a RCRD)

    Family based is also heavily backlogged. How can there be flow of thousands of unused visas in Family Based for flow to Employment Based? Even in Family based there are categories 1, 2A, 2B, 3 and 4. The visas will first flow from top to bottom in Family Based. Wouldn't all the categories have to be current before any visas flow to Employment based? I read somewhere that the employment based backlog size is 800,000 applications. :confused: Let's say even if there is a small number of visa flow from Family Based to Employment Based, how can a small number of visa flow from Family Based to employment based backlog be sufficient to approve 800,000 applications?




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  • raju_abc
    07-21 10:03 PM
    Hi,

    I had applied for H1 for 2008 from two different employers.Both got approved.Now my concern is ,
    1)would there be any problem during the Visa stamping?
    2)What should i do to other visa ,which i will be not using?
    3)How should i approach the employer whose employment i will be not accepting?
    4)I have signed one offer letter from the employer but other employer had not provided me with the offer leter.so whom should i join?



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  • bhatt
    11-21 04:54 PM
    http://cli.gs/De4Z4u

    BTW, what's scary about this memo..

    Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.

    Thanks Chris for sharing this info
    This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.

    It Might be useful for them to get an idea about how many are pending based on the current priority dates. Hope that it will help them to set the visa date for the continueing month instead putting a random number for the cutoff dates.




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  • newlife2
    09-19 10:46 PM
    Guys, I was just laid off and have efiled i539 3 days after the termination date for a status change to F2. Now working on the application letter. Do you think I should mention the layoff in the letter?

    If I do mention it:

    Con: The layoff might quickly catch the eyes of the immigration officer and if he want to check my status, he could find out the 3 days OOS.

    Pro: My previous job was well paid. By mentioning it, I give the reason that why I want to stay at home as F2 instead of keeping the well paid job.


    I guess I will mention it in the letter to explain the whole situation and hope everything will be all right. Let me know if anybody disagrees asap, I will mail out the stuff with in next two days.



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  • gc_rip
    07-05 09:20 AM
    Hi,

    I am frustrated because been in US for more than 10 years, but still don't have GC. With my current PD (Feb 05, EB3-India) expected to the GC by Oct 2023.

    My GC sponsor company also holds my H1B, and applied for 10th year extension just now.
    I have an offer from a Company but for India operations. The position is in India, and salary will be paid in Indian Rupees. Is there a way I can continue my GC process?
    I am not sure if I can travel every year to renew my Advanced Parole (I131). Can I transfer my H1B to the parent US company, and join as an employee for Indian subsidiary? And for the business reasons only travel using the H1B stamp for the US company?

    Please let me know all the possible solutions. It's very hard to abandon the GC process after a decade of wait. At the same time it is impossible for me to keep waiting for another 12 years for the GC while the kids are growing fast, and already resisting the idea of going to India. I want to avoid the forceful exit from USA in future.

    Appreciate all your helpful ideas.

    Thanks,




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  • lunatic
    01-21 07:27 PM
    ^ Agreed. Possible to put them all on page somewhere for viewing? Can anyone host that for a week or so?



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  • MatsP
    November 9th, 2004, 09:41 AM
    Sorry to hear about your problem with the D70...

    I don't know anything in detail about D70, as I'm a Canon man myself...

    But some general thoughts and ideas:
    1. From the behaviour, I would think that something has gone wrong with either the RAM or the ROM(flash) in the camera. This would cause a similar thing to a "Blue Screen of Death" that you get on a PC sometimes when something has gone wrong somewher. In a machine like a digital camera, the most sensible thing to do to try to recover is to "reboot", or put another way, reset the camera.

    2. It is possible that it's just a "transient problem". Have you tried removing the battery for a longer period of time (at least half an hour), and also, if there is a small battery for keeping the time when changing batteries etc. (don't know if the D70 has one, the Canon ones does), you may want to remove that too to be sure that the camera is "properly powered off". This may of course reset some of your personal settings and definitely should reset the time/date in the camera, but I'm sure you can live with that.

    3. It may be possible to "reprogram the flash" using the standard procedure for updating the firmware in the camera. *** I would only do this as a "last ditch attempt" ***. I don't know how this is done, but I'm pretty sure there is a way to load a new set of firmware onto the camera some way. But if it's the RAM that is broken, this may cause the firmware update to fail and that may cause even worse scenario than what you've got, so I would only do that if you think that "Things can't get much worse". This is akin to a PC being re-installed from scratch. Like the PC case, it doesn't actually help much if the actual cause of the problem isn't the software/firmware itself. Don't blame ME if this doesn't help, and it makes things worse!

    I hope some of this is of help, if nothing else, to understand what the problem is.

    If it really is the RAM that is busted, it's probably going to be fairly expensive, as I don't expect the repairer will replace the individual parts, but rather just swap the whole PCB, which means "all the guts of the camera".

    If, on the other hand, it's just the flash that's gone crazy, then it's most likely just a question of "factory programming it", which would be a relatively trivial operation, and shouldn't cost much to fix.

    --
    Mats




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  • go_guy123
    03-30 02:06 PM
    A former colleague of mine from B'Desh got his GC in 14 weeks.

    ROW EB2 are talking in terms of weeks, not even months. We, on the other hand are talking in terms of decades, not even years.

    That is exactly the reason why per country quota removal is a difficult task. ROW has lots at stake in ensuring that per country quota is not removed. Fighting for a bigger pie is easier than fighting for a greater slice of the pie.




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  • a_yaja
    03-19 11:26 AM
    For the folks (Ajju) who e-filed using a new SSN for their wives - and used the Paperless option: I understand that you have to put $0 for AGI, how about the PIN - should I (correctly) enter the PIN that was used for the 2006 filing OR does that have to change as well?
    I have e-filed using $0 and last year's PIN, waiting to see if that goes through. It's been rejected twice so far, since I was using non-zero AGI amount.

    Thanks!

    How would you put AGI = $0. Would not the AGI be calculated by the tax software? I used TaxACT to efile, and it calculated everything for me. I didn't have an option to enter the AGI anywhere. For e-file, the name/ SSN/ birthdate combination should match (or name/ ITIN/ birthdate if you are using ITIN) - that is the only requirement. The second part is the one where you either send in the 8453 OL form or you enter the exact amount from the 2006 returns (in which case you don't need to mail 8453 OL). I choose the 8453 OL route and I received my tax refund in exactly two weeks.




    averagedesi
    08-31 11:41 AM
    I am not sure what you mean by there is no issue with my EAD.

    Here is an excerpt from an USCIS FAQ

    Who is eligible for an EAD that is valid for two years?

    The two-year EAD is available to pending adjustment applicants (i.e., those who have filed a Form I-485, Application to Register Permanent Residence or Adjust Status) who have filed for an EAD under Section 274.a.12(c)(9) of Title 8, Code of Federal Regulations (8 C.F.R.) and who are currently unable to adjust status because an immigrant visa number is not currently available. USCIS will continue to grant EADs that are valid for one-year for adjustment applicants who have an available immigrant visa number and are filing for employment authorization under 8 C.F.R. Section 274a.12(c)(9). In order to be eligible for an EAD with a two year validity period, an applicant’s I-140, Immigrant Petition for Alien Worker, must be approved.

    Here is the actual link to the FAQ

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=62ae15d3ffd7a110VgnVCM1000004718190aRCR D&vgnextchannel=ea0db6f2cae63110VgnVCM1000004718190a RCRD

    So my I140 is approved, when my EAD was approved on July 30th my priority date which is March 25. 2005 was not current.




    niklshah
    11-19 05:31 PM
    guys pls stop panicking its only for the cases which are outside the processing dates

    "The TSC has introduced a new e-mail procedure to help identify I-485 and I-140 cases that have remained pending beyond the stated TSC processing times posted on the USCIS website"


    and write now there are so many other things to worry about like economy and whether the jobs will be safe or not.....



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