Wednesday, June 29, 2011

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  • GCplease
    08-16 02:33 PM
    Thank you guys.

    What is bothering me is that they told us the Wrong Information PLUS lawyer was just asking for filling fees(which is 745) during the time of signature but now Company is charging even for legal fees.

    I believe they want to earn extra money from us. What should we do now about this wrong info?

    You think we have no choice here but to pay?

    I'm sorry and thanks for your help.

    You really can't do much about it now.

    If you wanna fight your employer, you may end getting fired.

    So, just bite the bullet and pay.





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  • GCNaseeb
    08-08 04:25 PM
    Even if you are not working on a project, you are technically working for a H1-B sponsorer. Once you could file your AOS, you are legal with a status of "AOS pending". During 180 days period, you don't have to work and just sit at home. Its very unlikely that your already filed AOS application will get adjudicated within 180 days. Once after 180days of filing, you invoke AC21 and start working on again with any employer.

    You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...





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  • delhikadesi
    01-27 10:44 PM
    Hello,

    I am from chandler.....
    but truly in current economy I am not sure if GC in on priority of anyone's list !!.

    I am open for a meet and greet to get the ball rolling for our future plans!!





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  • paskal
    11-05 10:54 PM
    The following are not counted against H1b caps as far as i know, the list may not be complete:

    existing visa-transfer jobs

    employees of not for profit entities

    University employees

    J-1 doctors starting an underserved area job



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  • Crying Eyes



  • lecter
    January 6th, 2005, 09:05 PM
    I see what your getting at...... yep... I do like that too.... still have a lot to learn :D
    It was a quick and dirty, you can select a colour and then mask and feather it so there's no halo's around the edges, blah blah...

    there's heaps of excellent PS books around....

    indulge yourself...

    Scott Kelby is a good start....

    Rob





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  • ashkam
    04-02 10:46 AM
    you dont have to marry. just remain as illegal and they will GC sooner.

    I know you're kidding, but I don't think Mr Sebastian knows that. It's kinda dangerous to tell him he'll get his GC by remaining illegal. Just my opinion.



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  • a_yaja
    07-20 10:47 AM
    I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

    1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

    2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

    3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

    Any suggestions from the community out there?

    Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?

    One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.

    While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.

    Best to ask your lawyer.





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  • Raju
    06-10 07:35 PM
    My 6 years end today and my extension filing is already in and pending since April. I wonder if they would entertain people who already filed and are waiting.

    I can't believe I am saying this but I hope my H1 extension does not get approved until I can file premium. :-)

    You do not qualify for this at least according to the above statement. You do not need 140 approved for h extension. You will automatically get the h extension based on the fact that you labor was filed 365 days prior to your H expiration. This is for folks who need 140 approved for H extension



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  • northstar
    11-25 05:56 PM
    You should be ok, just send them the papers again





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  • kumar07
    09-13 11:10 AM
    Somebody please give me suggestions?



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  • How To Draw Anime Eyes Crying



  • diptam
    07-27 10:12 AM
    Vikram Man,

    You are awesome - Thanks for your help..

    Diptam





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  • webm
    09-25 10:19 AM
    We both have received EAD.

    But I want to stay in H1B. Can my spouse use EAD to work and I stay in H1B?

    Thanks.

    Yes she can work on EAD and obviously then her H4 goes to invalid status.And you can be on H1-B..

    HTH,



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  • Crying eyes



  • chanduv23
    08-10 11:50 AM
    Get some inspiration

    qtW8h5vLfn4

    and make it to the meeting and rally :)





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  • immi2006
    08-21 09:40 PM
    All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?

    So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.

    Hope u got the point...



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  • stock photo : Crying smiley



  • WeShallOvercome
    07-30 02:00 PM
    Many of us are in this situation.
    Can someone throw some light on previous experience s,
    who gets the receipt notice when using G-28.
    #1. Lawyer Alone
    #2. Applicant Alone
    #3. Both lawyer & the applicant.

    --BB


    In all the cases that I've seen so far, only lawyer has received it..





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  • franklin
    06-19 05:05 PM
    Start worrying about LC approval notice and start working about AOS.

    Aaj kal nav jawanoku, ye kya ho raha hi?

    What?!



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  • vactorboy29
    03-12 11:41 PM
    Congratulations!





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  • lacrossegc
    09-06 05:00 PM
    " FOR the period you are outside the US" it doesnt have to be and doesnt need to be the same company ...heck you can probably go to timbuktu and work there for timbuktu Inc for all US cares ... your H1B visa will still be valid (provided you still have employment with ABC USA) and you can still enter on the visa along with a supporting job letter from ABC USA. you can still go to the offices of ABC USA and work there (provided they pay the prevailing wage for the time that you work in US, else they might open themselves to litigation (from your side for backwages) ).... ABC USA doesnt have to keep paying you in US dollars if you are not working for them in US, it will be like taking an un-paid leave of absense on an extended vacation to Canada.

    The thing is that after you get the green card, you will need to come back to US and work in the same job and location as stated in the Labor Certification, atleast for about 6 months ( to avoid problems with citizenship application in the future) and then you can go to any other US employer of your choice

    Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.





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  • Ann Ruben
    03-30 07:27 AM
    The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a1 RCRD)
    In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.

    Hope this helps.





    roseball
    05-14 05:20 PM
    Please review my ETA 9089, it must fit EB2.

    H.3. Job title: SENIOR SOFTWARE ENGINEER
    H.4. Education: minimum level required: MASTER'S
    H.4-B. Major field of study: COMPUTER SCIENCE
    H.5. Is training required in the job opportunity? NO
    H.6. Is experience in the job offered required for the job? YES
    H.6-A. If Yes, number of months experience required: 12
    7. Is there an alternate field of study that is acceptable? NO
    H.8. Is there an alternate combination of education and experience that is acceptable? NO
    H.11. Job duties:
    Analyze, design, coordinate and supervise the development of software systems.....
    Design and develop programming systems making specific determinations....
    Responsible for development of new programs, analyzes...
    Responsible for analysis of current programs including performance�.
    Review and repair legacy code�.
    H.12. Are the job opportunity's requirements normal for the occupation? YES
    H.14. Specific skills or other requirements: EMPTY


    I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters�s degree + 12 months of experience may exceed SVP.

    Thank you,

    What you are doing is illegal as per DOL guidelines. The beneficiary CANNOT be involved in preparing the job and experience requirements for the job. They have to be done by the Company HR or your manager. All the PERM preparations are to be done by an attorney or if the company doesn't hire one, it has to be by the HR/Manager. Never by the beneficiary himself. You can just provide your educational and experience information to the company and the rest is handled by them.





    seahawks
    07-21 09:28 AM
    I'm not sure if Indian citizens are eligible to apply for an investment visa here...

    of course they can, investment visa has not country quotas. Money speaks:)



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