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Wednesday, June 29, 2011

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  • gcgonewild
    02-13 05:38 PM
    My colleague's spouse was detained and questioned for 2 hours at EWR.

    If you changed jobs, be sure to give the new set of docs. Give all the docs just the same as you (on H1) would. Including Recent paystubs and new employment letter.

    This is getting way too far..

    If they have a beef with H1s, they should take it with H1s.





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  • STAmisha
    06-30 11:43 AM
    Please check the answers below

    Hi,

    I have approved labor (filed Apr 2004 and cleared Jan 2007) in EB2 category. But it was filed wrongly in EB2 as somehow it got cleared. But now I got RFE on I-140 and there is a verly bleak chance of getting it cleared.

    In the meantime I am thinking to file a new labor by PERM (from same employer). I have few questions regarding this:

    1. Can I file new labor in PERM without affecting my current labor and I-140 ?

    YES

    2. Do I have to mention in my new labor about my old labor and I-140 ?

    I dont think so. CHeck with a lawyer

    3. Can I use different experience letters in new labor as my old labor is in jeopardy because of experience letters only.

    Check with lawyer
    Thanks
    DC





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  • Rockey
    02-29 02:37 PM
    Okay..That means..we need to give A# also without fail?

    I am afraid my company will ask for more details if I disclose this information that's why i want to give No for these questions..:mad:

    You have given Yes to this questions right ?

    If I don't mention my A# would it be okay? or will they find out by some other ways?





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  • Lasantha
    06-07 11:53 AM
    Guys,
    I just wanted to share some good news. I had two approved LCs. One with PD EB3 ROW March 05 and the other with ROW EB3 March 06. I had already filed the I-140 for the March 06 but not for the March 05 one. That was because of the way the job requirement was worded in that LC. The attorney was not sure if it would be approved. Anyway since the earlier PD became current in June I decided to take a chance and file I-140 for that earlier PD LC with PP. And what do you know, it got approved today and that allowes me to file for AOS this month. It was a bit of a gamble with money but it worked!!! :cool:

    Lasantha



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  • permfiling
    10-23 10:48 PM
    Anybody else whose spouse GC is stalled? Any suggestions?

    I received my 485 approval notice but not spouse. We have a info pass appointment on monday.





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  • flash.stoffer
    08-06 05:37 PM
    Thanks... ;)

    I just used 10 mins or soo... :P



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  • sertasheep
    04-03 06:08 PM
    ANSWER:
    Your lawyer is partly right. You can either petition once you are a citizen, or you can petition for a "hardship waiver" once you become a LPR(ie when you get a GC).

    Not sure if you have visibility into when you may likely be getting your GC, but don't risk fudging the truth on the documents. You might get into more trouble than you already are. Remember that on a temp. visa like the H1, your rights are pretty much limited.

    In my opinion, if you really want to stay in the US for the long term, you may be better off separated (unless the law changes), or move to another country. Note that there will be several hardships you may encounter..for example, simple things like opening a bank account, buying a home , renewing a driver's license, etc.,

    I know this sounds harsh, but thats how it is. Purely my opinion.......





    QUESTION:


    He is an undocumented immigrant in the U.S. for more than 10 years. So my lawyer told me that I could only help him to get greencard when I become a citizen. So I have the following questions :

    When I do my first time H1B visa renewal, will my new Marriage status disturb me to get the H1B renewal? should I just simply fill in the form saying I am "SINGLE" and not tell the consulate? Will the consulate know?





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  • cthd
    12-22 10:03 PM
    They should exempt PIOs from this new rules. If back from a vacation and there was an emergency back home ( within 60/90 days?), can't i take my US citizen kid to India ?

    Its only for tourist visas. Take PIO card for your kid.



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  • Desertfox
    02-26 01:24 PM
    I was in the same boat and I can tell you that you have to pretty much depand on your company attorney. In my case it took 2-3 inch thick stack of documents to prove the relationship of the US company with its foreign subsidiary and if you are trying to get L-1A (multinational executive/manager), it will take another bunch of documents to prove your credibility, your existing status with the company as a manager/executive in the foreign subsidiary, your proposed role in the US company and a lot more. I guess it would be wise for you to let the attorney handle the case as you probably won't have much to do with the whole process. However, the positive news for you is that almost all of the well documented and properly filed L-1 petitions are approved by USCIS, and any experienced immigration attorney won’t have much of a problem getting you approved.:)





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  • yogi13
    06-28 10:24 AM
    My wife have a birth certificate from the muncipality. The birth was registered soon after she was born and her parents named her before registration so there are no issues as far as late registration or "no name" is concerned. The only concern I have is that the birth certificate mentions only the first names of her and her mother although her father's full name is mentioned. Will this be a problem. The muncipalities in India register the birth in this manner, their explanation being that a child's full name is his/her first name followed by the father's full name. Similarly a married woman's full name is her first name followed by the husband's full name. I know this is not necessarily true in the USA. So I was wondering if this might be a problem.
    Is there anyone in this forum who had a similar situation and their certificate worked?

    Any insight on this will be greatly appreciated.



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  • katrina
    06-15 04:53 PM
    Here is my question. In my college days bacd in the early 90's and mid 90's, I used to work and worked with my original Social secuirty number. Another words, I was given pay checks. I paid taxes and got refunds as well. Obviouslly all illegal since I had no permission to work as I was on FI visa. Anyways, after graduating college, I got H1b visa. Now I am in my 9th year, and my labor and I140 have already been approved. So the question is, when I am called for my 485 interview, will they know that i worked illegally, will they have records of that. I also have a DWI. I think DWI is ok, as I have read many got their green cards after this. I am more concerned with my working illegally.

    Just recentlly I was sued by Discover card. The judgement against me in teh court was for 10,000 +. I have paid half of it and will pay the rest in 6 months. Will that affect my Green Card.

    Please eloborate.

    Thanks!

    You have to disclose and consult those question with your immigration lawyer since they will have a better answer for that particular problems and usually your lawyer will company you during the interview. If you've got lucky there will be no interview at all.

    if you ever got out from US after violated your status and get back in, get a new I94 and never violated your status again after your last entry by working illegaly you should be fine.

    Or if your total working hour is not over 180 days there is law if I'm not wrong part of ac21 that pardon that kind of violation as long as it's not more than 180 days.





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  • Canadian_Dream
    06-22 08:17 PM
    I am in the exact same situation. I have already filed I-140/I-485 concurrently with the substituted labor. Now the dates are current I am filling another I-485 with my approved I-140. There is nothing wrong in what we are doing, as long we explain about the earlier filling and clarify the motive of the second filling. Eventually we should withdraw one of the two based on the outcome of substituted labor/I-140.



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  • bijualex29
    04-04 12:13 PM
    With the situation currently we are facing on H-1B, in my opinion congress may do some quick fix before the CIR implementation. Reforming the H-1B visa, I do not think any thing is wrong in that. In this process of reforming H-1B visa, can we incorporate our mission of at least filing I-485 without visa availability?
    Is this too much to ask?





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  • sammyb
    11-09 03:01 PM
    http://www.murthy.com/nflash/nf_051607.html

    The regulation bans improper commerce and payment for labor certifications. It bans the sale, barter, or purchase of labor certifications. Employers cannot seek or receive payment of any kind for activity related to the labor certification. This includes payment of the employer's attorney fees and costs. Individuals can pay for their own legal fees for separate representation, but the labor certification is regarded as the employer's cost. If there is dual representation, the employer must pay the attorney fees and related costs. This applies only to the labor certification stage.

    Even if the law prohibits it, still companies pass fees and costs to the employee...



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  • Ann Ruben
    03-07 07:05 PM
    If a lawyer is handling the case, the originals were probably sent to him or her.





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  • johnykah1
    01-18 07:18 PM
    My case is like this....

    Actually I got approval notice of H1 transfer case in month of Nov 2009 for which my current employer initiated in month of Aug 2008.

    During transfer case in pending status, I got an RFE in April 2009 for which my employer submitted concerned document...later I did not have any updates of my case until Aug 2009 when employer called me and told about an second RFE which was about client letter...I lost my running project job becoz of that. but my employer again submitted client letter from somewhere which I dont know.....I thought now everything is good..but I did not get approval update from USCIS/employer after that also......
    After 3 months when I check case updtate on USCIS portal then I found that my case is reopened and approved. Later when I get project and asked for salary increment to employer then he told me that there is no second RFE actually he received denial notice. I was shocked and asked him why did not he tell me about that as he has not given me any RFE related document of my case so I have to belive on his words.

    Now my queries with different scenarios is as follow
    Q1)If I file WH4 against him for those bench
    period without any newly initiated transfer (petition belongs to that employer only)...will there be any problem for me as that period was out of status (as said by my employer)?

    Q2)also will it affect if I newly initiate transfer process to another employer which is suppose in pending status ?

    Q3)If I have approved petition of newly initiated transfer(of another employer) but WH4 case gets denied. will it affect my approved petition?

    Q4) if both H1B transfer to new employer and WH4 case against previous employer is in pending status ...and WH4 gets denied will it affect my pending transfer case?

    Q5) Is it really good to file WH4 case against previous employer as soon as I start another transfer? what will be your opinion whether to file WH4 case before new H1 transfer or after when received RFE on pending new H1 Transfer case.

    Appreciate if any attorney can help me in this situatation.....

    thanks......



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  • vkannan
    08-07 04:05 PM
    Hi
    I have similar situation with my EAD renewal too, my employer filed my EAD renewal, my I-485 case is pending in TSC (txed from NSC) but my renewal was sent to NSC, when enquired, following is the response I received back from my companies Immigration group,

    "Renewal applications are filed based on the location of your residence, as per CIS requirements"

    I am based out of MN, hence NSC.

    Hope this helps.





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  • mrsr
    06-22 10:05 PM
    what if I140 has salary in per hourly, what we should we put there.





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  • lostinbeta
    10-06 12:09 AM
    With the first question what it sounds like you want to do is open your image (you may have to copy and paste it into a new document, not sure)...

    Select the layer with your image then go to Image/Adjustments/Hue Saturation (this is in Photoshop 7, it is still under the Image menu in 6, but Adjustments was named something else, which I forget now)

    Then check the colorize checkbox and slide the sliders to the color you want.

    As for your second question, yes it is possible. You can use the Lasso tool. If you have the toolbar pallette open, it is the tool right under that Rectangle Marquee tool. You can right click on the lasso tool to choose between 3 different types of lassos. The rounded one is to select an area freehand style, the jaggety one is to select an area by clicking points, and the one with the magnet allows you to better outline things.

    I hope this helps. If not, reply back:)

    PS: It is lostinbeta not lostinbest :evil: :P





    tabletpc
    04-02 12:19 PM
    If you want immediate responses then your questions should be either on EAD/AP/485 or something to do with GC. For other queries members here take low priority..this is my observation..!!! But keep sharing knowledge ...!!!

    Coming to your questions,

    The best suggestion would be to request company B to apply under premium, so that you will get to know either way in 15 days...!!!

    Good luck...





    shsharma_2000
    02-08 12:39 PM
    I was on L1B for few years and applied for H1B from home country. First H1 approval was for 3 years. However, the H1 extn was approved for 1 year only, although the request was for 3 years.

    Same thing happend for 3 of my friends.
    You have to be out of country for 1 year to reset the clock.



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