Tuesday, June 28, 2011

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  • nousername
    02-12 03:16 PM
    I was in some what similar situation but my H1 transfer was not approved to the new company and my attorney suggested moving back to the previous employer.

    I guess it is possible but if your H1 transfer was approved then you might have to apply for another transfer.

    I worked with company A for 6 months and then transferred H1B to new company B with whom I worked for 1.5 years. Meanwhile company A did not cancel my H1B and now when I am thinking of joining company A. Can we use older H1B petition. Is it ok to use older H1B petition or should we cancel older H1B on file and file new H1B transfer?

    Thanks





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  • s_r_e_e
    10-16 10:39 PM
    I am in a confused situation, any thoughts / guidelines are greatly appreciated..

    The question is : If my h1 is with company A and my GC is applied for future employment by company B, can I use EAD to take up full time employment with company C (or Self) ?

    The full story is : The client company, I am working with is processing my GC for future employment. 485 was applied and I received EAD. It has come up that the current employer has an agreement with the client that , the client should not employ any of their employees for 1 yr after the termination. So, I need to quit the current employment, work else where for a year and then join the GC sponsering company.The I140 will not be revoked.

    Since I am not currently working for GC sponsring company, does any of the AC21 issues matter ?

    Thanks in advance





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  • roseball
    04-03 04:30 PM
    Recently my I-140 petition for EB2 was denied on educational grounds . The employer opened an MTR/appeal.

    Is it possible to re-file the I-140 petition in EB3 using the same labor certification, while the first I-140 is pending appeal at AAO.

    Not while an appeal is pending. Even then, it depends on what the job and educational requirements were on the labor application. What was the reason for EB-2 I-140 denial?





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  • simbasimba
    01-09 02:10 AM
    Thank you, another question in relation to eb2 progressive experience. Can vacation days be counted or included in the 5 years of experience? Or does it have to be a total of 5 years of work days, and, vacation excluded? Many thanks



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  • Blog Feeds
    08-10 10:00 AM
    The Department of Labor (DOL) issued new PERM FAQs (http://www.h1b.biz/lawyer-attorney-1135851.html) on August 3, 2010. The issues addressed by DOL in this round of FAQs include expedite requests, how to document the use of an employee referral program, unsolicited documentation and what constitutes a "business day" for purposes of posting the Notice of Filing. Within the FAQs, DOL states the following:

    * Expedite Requests - DOL clarifies that the Office of Foreign Labor Certification (OFLC), as a matter of long-standing policy, will not accept requests to expedite PERM applications;
    * Employee Referral Programs (ERP) - DOL states that an employer can document its use of an ERP with incentives by providing dated copies of its notices or memoranda advertising the program and specifying the incentives offered. The employer must document the existence of the ERP, and that its employees were aware of the vacancy of the specific position for which certification is being sought. This can be achieved through posting on the employer's website. However, the physical Notice of Filing shall not be sufficient for this purpose;
    * Unsolicited Documentation - DOL emphasizes that if unsolicited documentation is provided to the OFLC in support of a pending PERM application, then the application will automatically be placed in the audit queue;
    * Business Day - As part of the required recruitment procedures to support a PERM application, a Notice of Filing must be physically posted for 10 consecutive business days. The OFLC clarifies that for purposes of the Notice of Filing, a business day will be defined as Monday through Friday, except for Federal holidays.

    If you need support with your PERM case, feel free to email me. (http://www.h1b.biz/lawyer-attorney-1111083.html)




    More... (http://www.visalawyerblog.com/2010/08/perm_labor_certification_dol_p.html)





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  • vengaiah
    11-28 06:47 PM
    I am with company 'A' filed I485 and got EAD , while continue working with company A , can I work part time for Company B? If yes how to take paycheck from company B?

    Thanks in advance...



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  • Digitalosophy
    10-19 02:11 PM
    No it's not.

    Flash, php, mySQL





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  • meridiani.planum
    12-07 05:37 PM
    I am not sure what is the process after fingerprinting. Can someone please clarify?

    I believe NameCheck must have been initiated. As far as processing 485 is concerned, does the PD have to be current?

    I am trying to figure out what is the tentative schedule for the "magical" GC to appear in my mailbox :) ?

    I would appreciate any pointers / links

    A million eyes, a million boots in line,
    Without expression, waiting for a sigh. - W.H. (Wystan Hugh) Auden

    PD needs to be current for approval. Assuming you are from CHina/India, it could be a long wait dude...



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  • Blog Feeds
    06-02 11:00 AM
    From Talking Points Memo: Remember how Tom Tancredo went on CNN last week and called Sonia Sotomayor a racist, accusing her falsely of being a member of a "Latino KKK"? Well, if racism so offends him, how does he explain this? On July 7, 2007, at approximately 7:15 p.m. at Jefferson and M Street, Northwest, in Washington, D.C., defendant was walking down the street making offensive remarks when he encountered the complainant, Ms. [REDACTED], who is African-American. The defendant uttered, "Nigger," as he delivered a karate chop to Ms. [REDACTED]'s head. That defendant is named Marcus Epstein--a former Tancredo speechwriter...

    More... (http://blogs.ilw.com/gregsiskind/2009/06/tancredo-aide-pleads-guilty-in-bizarre-racist-attack.html)





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  • unseenguy
    06-08 08:45 PM
    Hi Guys,
    I was reading another thread and a question came to my mind..

    I entered in US on AP and got the I-94 with the validity date as my AP date. Now my AP is going to expire and I am not going to travel anywhere any time this year. So just wondering what will happen when the I-94 is expired. Do I have to get it renewed from somewhere or just dun worry about it. or do I have to apply for a new AP.

    Can anyone can shed some light on this situation?

    If your AP expires, renew it. Dont worry about I-94



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  • l_ynx
    10-25 05:12 AM
    of course...
    that works
    tyvm!
    just another question:
    when you make a new material, can you export it or save it?? or sth. like that?
    greetz





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  • nkavjs
    09-07 11:09 PM
    Hello Friends :

    I recd. an email from my attorney this evening stating that "We have mailed you the FOIA request for your and your spouse's signature."

    This doesnt make any sense to me, as to what does FOIA mean to start with. So I emailed them back asking, what does it mean and is it something to do like RFE towards my AOS papers filed on 2nd July,2007 (no checks cashed yet, no info in system yet).

    My Attorney replied back stating that - "We have filed for full copies of your petitions to be sent to us. The FOIA will allow us to obtain a copy to check the integrity of the filing for our records. Looks like, it will be several years before these I-485 petitions are actually reviewed by the Service unless we see a change in the law. ."

    What does this all mean? I am so confused....

    Pls. advise me. Thanks a lot
    nkavjs



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  • spicy_guy
    12-28 12:36 PM
    Congrats! Shortest journey.
    On the way to get your GC in about 3 months?!?!?

    So this reduced your GC wait period from "uncertain or 15 years" to 3-5 months Max!
    What a change!





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  • iheartindia79
    10-25 02:30 PM
    Hi,

    I have received the EAD card yesterday with No finger prints available. But we have done our Finger printing before the EAD is approved. Approx 4 weeks before.

    Is this normal? Or i should contact USCIS about this?

    I know some applicants getting their EAD cards before finger prints were taken for them No finger prints available makes sense.

    Any responses are appreciated

    Regards.


    Same happened to me. I had my FP before receiving the EAD card but the card still showed FP not available. To be honest I didnt care so much ;)



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  • dbevis
    January 11th, 2005, 02:36 PM
    I like the colors, and the silhouetted person. Personally, I think cropping out a lot of the top (roughly the upper 1/2 of the picture) would make it more interesting. This would also give it a panorama-like appearance.

    Don





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  • maheshmail
    08-14 08:22 AM
    Hi,
    I am on H1, Applied EAD and Travelling on AP.

    Is there a problem if I don't have approved EAD while I come back?



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  • vedicman
    12-24 10:22 AM
    Wishing all the IV members a very Happy New Year and hoping the new year will bring us positive news and green cards :)

    Happy Holidays!





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  • cool_desi_gc
    01-17 01:07 PM
    My LIN number is active on 1/15 after 10 days of online confirmation.





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  • DSLStart
    01-08 10:51 AM
    You can stay out of the US for up to 6 months with no consequence, as long as the person has a vaild green card and passport. Over 6 months contact with the US consulate is needed and the green card holder can stay out of the country for up to a year. Over a year the green card holder will forfeit their green card and not be allowed to re-enter the country.
    The US permanent resident CAN stay out of the country for more than a year if they apply for and are granted a re-entry permit by USCIS prior to leaving the country. However, for a PR to become a citizen, he/she must have 5 years of continuous residency and staying abroad for more than a year will typically break it regardless of whether a re-entry permit is issued/used.


    after all there is no departure date stamped in my passport? do the airlines inform INS of passenger departure dates? does INS keep a record of departure dates of green card holders in their computers?

    i know that the immigration officer at the port of entry asks "How long have u been outside the US?" In my case it will be one year and one week so can i just say "about a year"





    Jimi_Hendrix
    10-29 06:29 PM
    There are two phases to this fight. The first phase has less to do with us and more to do with waiting for the dust to settle. We have to wait till the end of the elections for getting a clear perspective of what our approach should be. It looks like the lame duck session will be short and we will be very lucky to have anything done.

    The second phase is to start contacting congress men after the elections and push the momentum to have something passed.

    In the meantime we have to keep creating more awareness among people about this problem. It requires patience and you have to keep frustration and negativity out. As you can see there are plenty of people who are ready to spew negativity at the slightest provocation. The way I see it, we do not have an option to fall to negative sentiments. We have to fight this out no matter what the odds.





    eb_retrogession
    03-21 09:52 AM
    IVC needs a member to speak with a reporter. This is for a highly recognized publication in the U.S., but the member must meet the following requirements:

    1) The individual must be EB1 or O category; and
    2) The individual must have correspondence from the US government documenting the absurd red tape (a letter explaining the delays in their green card, etc).

    Please contact us as soon as possible if you meet these requirements � or know someone else who is - and are willing to speak with the reporter. It would greatly advance IV�s cause to be included in such an article, so please help us.