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Wednesday, June 29, 2011

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  • GCNaseeb
    10-23 09:19 AM
    If your case is a transfer case, sign up here:

    http://immigrationvoice.org/forum/showthread.php?t=14729

    Hello Guys,

    I never received FP notice and got EAD/AP almost three weeks back. Is there a need to worry? or just wait..

    My application reached to texas..they transfered to Cal...cal issued the EAD/AP and senta transfer notice for 485 to nebraska..didn't hear anything from nebraska..

    thank you





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  • paskal
    08-28 12:57 PM
    but hopefully a lot less :D





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  • willgetgc2005
    05-06 10:09 AM
    Hello,

    The original labor approval is lost by Attorney, how ever he has the copy of the approval. He says we can file I-140 with copy. Any one has had this situation ? What is your experience doing this ?


    Thank You





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  • bhasky25
    12-21 12:22 PM
    I got a NOID because my 140 was withdrawn by my employer, if your 140 is not withdrawn then you must be ok. The problem I have is, I had filed AC21 even before the 140 withdrawal but not after a year after its withdrawal, I am getting a NOID.

    I am just disappointed by their carlessness before sending a NOID. If they had see my documents, they would have found my AC21 as I had added it along with my RFE response. Anyway not much I can do other than responding back with a new AC21. I wanted to see if there is a pattern to this pattern.



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  • eb3_nepa
    02-25 09:29 PM
    Actually, you can file 485 when your PD becomes current, even if the 140 is still pending approval. You need to submit the 140 details alongwith your 484 application.

    Is it possible for someone to post a link to the same. I have tried looking and found nothing.

    Thanks





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  • srr_2007
    04-04 12:57 PM
    I think we need reform. Current H1B system is employer dependant and make us slave. There should be more breathing space.

    Something like HSMP should come. In particular, the Fresh gradutes should be allowed to start their career in a honest way, not with the manipulted resumes designed/manufactured by almighty desi consultants.



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  • mach1343
    12-15 03:35 PM
    Hi,

    I am currently working on a fulltime H1B and my GC process is going on with second stage (I140) in progress. Now my old employer wants me to work parttime for them which I agreed upon but this is a possibility only if I have a parttime H1B applied w.r.t old employer which I am thinking to apply for it and work parttime. But my question here is does this effect my GC processing? If it is what are the effects? Please reply me back. Thanks a lot.

    Regards





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  • desi3933
    02-18 11:36 AM
    ......
    As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.

    Will this be a big problem in the future in terms of Green card processing?

    ......
    ..... I don't know much about the legal process.

    Thank you!

    First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.

    Read this pdf
    http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf

    You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.


    ________________
    Not a legal advice.



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  • Munna Bhai
    01-30 12:18 PM
    If I have an approved labor and switch attorneys, is it mandatory for current attorney to hand over the approved labor and all relevant documents to the new attorney or can he choose NOT to give it ?

    Just wanted to run it by you guys and seek your views on it. I do know that the LC is employer's property .

    Thanks.

    You need your employer's approval, without them you cannot change the attorney. If employer's says yes, then you can switch attorney.





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  • hariswaminathan
    10-04 01:02 PM
    Hi,
    I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
    Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.

    Here is what you could do:

    1. Get a good immigration attorney
    2. Recoup all the lost time on H1-B for time spent abroad in the last 7 years. Most attorneys can recover at least 4-6 months of time - this will alllow you to stay in the US for another 4-6 months
    3. Use the time to find a substitute labor (either with present or new company) and file for I-140. Use premium processing for I-140.
    4. Your Labor sub and I-140 should clear within the timeframe that you remain in the US - and then you can renew your H1-B for 3 year increments.

    The reason i give the above solution is that - your New H1-B will only be valid after Oct 2007 - you can apply for it in April 2007 but you cannot use it until Oct. If you are really keen to stay in India for that long then obviously its ok, but you need to be sure your company will still remember you in Oct 2007 - otherwise i would suggest the alternative approach above to remain in the US.



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  • GCVivek
    04-11 04:55 PM
    You can continue working in any position as long as you are with the same company. As long as your position and salary is not reduced, no one cares.
    I went from programmer to VP of Tech and nothing happened.

    I am on h1-b visa and I have got an opportunity to have promotion in my current company. This new position is in the same department with the same company and needs almost same type of computer skill but with higher position title, more responsibility, and higher pay.

    Question:
    Do i need to file for new h1-b or transfer?





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  • laborchic
    09-25 09:40 AM
    Will definitely join the conference call.....

    It starts at 9pm thats when your free cellphone minutes start... Come on use your minutes.. :D just kidding guys..



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  • RandyK
    11-15 03:30 PM
    http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf





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  • dixie
    10-03 12:51 PM
    I think we must also emphasise the point that all of us have to pass strict labor market tests supervised by DOL to be even eligible for green cards (and many of us have already passed that). That will blunt the rhetoric from the anti-immigrants and their attempts to obfuscate our issue with the illegal aliens. The tend to make americans believe that applying for a green card is just like applying for a drivers license and just about anyone is eligible.

    The only other thing I think should be stressed is that we are already H1-b holders, already applied for green cards, so not taking any more jobs away from USCs. All we are asking for is expedited processing of our already filed applications.
    Then Numbersusa or other anti-immigration groups have no points to raise against us



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  • jonty_11
    07-27 10:47 AM
    bobzibub...is ready tomove to canada!!
    No OFfense!





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  • tampacoolie
    06-27 06:51 PM
    I completed my medicals on 06/25/07. I am getting my I-693 from doctor tomorrow.



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  • psk79
    05-28 12:27 AM
    My lawyer said we can use the same non PO Box address mentioned in the EAD to send the AP documents as well. According to the lawyer you can send it all in one big envelope and demarcate the I-131 vs the I-765 or do it like I am, in 2 seperate smaller envelopes and then I am going to put the 2 envelopes in the same fedex package and mail it out.

    Thanks. That's what I was thinking of doing. But then I was not sure why they haven't given the non-PO address for AP. So I was worried and decided to mail one envelope with both the EAD's to the EAD PO BOX address and then the other one with both our AP's to the AP POBox address.. I am not sure what I will do...

    thanks.





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  • GCBy3000
    07-18 09:33 PM
    Unless otherwise you invoke her H1, she will be in H4 even if H1 is approved today. Invoking means, going to home country and getting it stamped or start working for a company and getting paid via paystub and having SSN





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  • sidbee
    05-27 12:41 PM
    http://online.wsj.com/article/SB124338175183056465.html

    Accenture is one of the big US consulting companies. They are moving to Ireland , as Mr President is trying to make Tax laws to stop outsourcing.

    Looks like IBM would be the next to follow.





    raju6855
    02-08 08:32 AM
    My wife's passport was received from Delhi Consulate after about 21 business days.

    My wife attended the H4 interview on Jan-11 and the VO asked 3 basic question of what does your husband do, what do you do and why are you going. No pink or green or any slip was given and nor my wife was told that her visa hasa been approved. All she was told was that they have to do some background processing after which they will send the passport back.

    So what was supposed to be 2-3 days of work stretched for ever, off course flights had to be cancelled and wife had to drop the semester and my daughter had to miss the school as well. My wife's AP was approved after she had left for India,so couldn't even use that.

    I know there is nothing an applicant can do or not do, but it just bothers me how much anguish this causes to not just the applicant but all of the immediate family and there is nothing that can be done.

    I wish good luck to all who are stuck and hopefully in future this process might be more streamlined and have faster turnaround.





    mrdhoni
    08-29 10:47 AM
    PERM processing for non-audited cases is taking anywhere from 8-12 months these days. Assuming your case does not come under audit, then yes, with premium processing of I-140, you can expect both your Labor/I-140 being approved by Dec 2010 (assuming the 8-12 month PERM processing times still hold good)

    Thanks for the reply. If my labor/i-140 is approved by December 2010, can I continue to stay in US?



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