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bitzbytz
07-13 02:17 PM
wooah...i got the problem solved.
The problem we had was, we got the pay from jan to may but the employer gave all the pay just for pay period May instead of individual months.
NY ways, i consulted a attorney and he suggested few things....
The problem we had was, we got the pay from jan to may but the employer gave all the pay just for pay period May instead of individual months.
NY ways, i consulted a attorney and he suggested few things....
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Since1997
07-17 04:39 PM
Aug bulletin:
http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_3269.html
pkv
06-08 04:04 PM
Thanks for all replies.. But the question still remain unanswered!!
Did no one filed EAD after filing I-485 at a center different than his/her I-485 processing center?? Did this filing trigger transfer of case to different processing center?
Did no one filed EAD after filing I-485 at a center different than his/her I-485 processing center?? Did this filing trigger transfer of case to different processing center?
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gc_chahiye
07-13 12:51 AM
What do you think is this big news coming out in 24 hours or on Monday?
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adde72
06-30 10:58 AM
and do it in PM. Someone asked is in a situation due to the attorney. He didn't seek or initiate LS.
Keep it polite. Moderators, watch and close this thread, if it becomes rowdy here.
If he can buy a Labor why cant the advise also ..this is a public forum for a cause - Retrogression - not for encouraging subtitution cases .
Members
Please dont answer any questions relating to that topic .Kick the guys out
Keep it polite. Moderators, watch and close this thread, if it becomes rowdy here.
If he can buy a Labor why cant the advise also ..this is a public forum for a cause - Retrogression - not for encouraging subtitution cases .
Members
Please dont answer any questions relating to that topic .Kick the guys out
pappu
03-17 12:26 AM
My company informed me today that, when spouse is added to the insurence, the insurence will start from day 1 of next month. My wife will be comming in the middle of month. How to cover this gap with insurence...?? Any suggestions...????
Please correct your profile. The dates are incorrect. Thanks.
Please correct your profile. The dates are incorrect. Thanks.
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rameshvaid
08-16 12:26 PM
Hi,
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
My son was on B1 and then on H4. B1 was stamped in 2000 for 10 years. He was with me in US for 4 years and had 1 stamping of H4 in his passport after 2000. He moved to Canada in 2005 but still visits me on B1 which was issued to him before his H4 stamping and B1 was never cancelled. I am not sure about L1..
RV
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
My son was on B1 and then on H4. B1 was stamped in 2000 for 10 years. He was with me in US for 4 years and had 1 stamping of H4 in his passport after 2000. He moved to Canada in 2005 but still visits me on B1 which was issued to him before his H4 stamping and B1 was never cancelled. I am not sure about L1..
RV
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AK01
02-13 12:38 AM
No, experience from current company does not count.
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
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indianoverclocker
06-30 08:20 PM
Hi!
My mom's a Gynecologist. She got her MBBS and MS from India in 1978. She has been working in India since then.
How can she start practicing in the United States? I have absolutely NO idea. I have heard about the USMLE Exam, but is it necessary for a person with 25+ years of experience? Will she have to do her medical-residency AGAIN?
Please advise.
My mom's a Gynecologist. She got her MBBS and MS from India in 1978. She has been working in India since then.
How can she start practicing in the United States? I have absolutely NO idea. I have heard about the USMLE Exam, but is it necessary for a person with 25+ years of experience? Will she have to do her medical-residency AGAIN?
Please advise.
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dealsnet
07-27 02:03 PM
Since you are in tight spot, you need to consult good and experienced lawyers.
Do not go to an ordinary lawyer for this.
Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (http://shusterman.com), Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (http://imminfo.com/)
You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.
Do not go to an ordinary lawyer for this.
Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (http://shusterman.com), Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (http://imminfo.com/)
You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.
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karthkc
03-18 11:24 AM
How did you manage not to work for ABC if they processed visa for you? Why did ABC apply for your visa in first place if they had no work for you? You seem to have acquired H1B visa first and then you are looking for a job. Is it not a fraud? This is what anti-immigrants target and I don't disagree with them. There has to be a job position first and then there can be a visa associated with it, not the other way round. This is how people abuse the immigration system and then it becomes an easy target by anti-immigrants.
Chill....Speculation without facts usually leads to trouble. All rrk wants to know is whether or not he should use EAD...
Without knowing anything else, I would not venture an opinion.
rrk, have you ever worked for ABC and got paystubs from them? If not, how long have you been in H1B status for ABC without being paid?
Also, is your GC sponsoring employer the same as ABC?
Chill....Speculation without facts usually leads to trouble. All rrk wants to know is whether or not he should use EAD...
Without knowing anything else, I would not venture an opinion.
rrk, have you ever worked for ABC and got paystubs from them? If not, how long have you been in H1B status for ABC without being paid?
Also, is your GC sponsoring employer the same as ABC?
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amitjoey
08-23 10:40 AM
I do not understand what the need is to change to F1. One can do Masters while on H4. If you are thinking she needs OPT to work after Masters, It is a 2 year course, right?. You can decide after 1-1/2 yrs if you want her to move to F1.
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peacocklover
07-10 03:20 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again. though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
It's good question and I'm also curious to know the answer from experienced immigration attorneys in this forum.
Thanks in advance.
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again. though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
It's good question and I'm also curious to know the answer from experienced immigration attorneys in this forum.
Thanks in advance.
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mingan
01-28 10:41 AM
My I140 got approved.
RFE on Job description in Experience letters.
reply to RFE on 21st Jan 2008
approved on 25th Jan 2008
NSC
RFE on Job description in Experience letters.
reply to RFE on 21st Jan 2008
approved on 25th Jan 2008
NSC
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hoolahoous
08-27 06:15 PM
i think there is a provision that if you are traveling for work every few months then you just need to provide your 'permanent' address not the 'temporary' address.
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thomachan72
05-15 04:20 PM
I got my GC last year auguest but her gc/485 status is stil pending. Is it even possible based on her case was dependent on me? What can I do abt it. Thanks.
your PD is 2006 and you got the GC? please correct your PD.
your PD is 2006 and you got the GC? please correct your PD.
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texanguy
12-15 05:04 PM
Have anyone heard any updates from AILA about this issue? if one knows this for sure, atleast in these days, people can start working a second (may be non-technical) job on EAD...that way you should be able to save some money for the rainy days...
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pmamp
09-05 12:29 PM
I had got RFE email on 8/28/08. I got the letter today in mail.
My mother's name on G325A was written as her mainden name (as per form instructions) and its her married name on my BC. Now USCIS finds this discrepancy and needs evidence to establish my parentage. I will have to submit my BC which is already been done. I am not sure if that will suffice.
Has anyone else had similar issue?
Thank you in advance.
I got an RFE email both for me and wife (9/03 from NSC). How long does it take to arrive in mail?.
My mother's name on G325A was written as her mainden name (as per form instructions) and its her married name on my BC. Now USCIS finds this discrepancy and needs evidence to establish my parentage. I will have to submit my BC which is already been done. I am not sure if that will suffice.
Has anyone else had similar issue?
Thank you in advance.
I got an RFE email both for me and wife (9/03 from NSC). How long does it take to arrive in mail?.
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wizkid732
08-26 07:47 AM
Thanks overseas.
Just curious... has your case been approved?
I got a letter to the ombudsman's query to USCIS. They clearly mentioned that it was in a name check/background check process and it might take time.
They threw in some words like, that kind of checks resulted in sex crimes, terrorist links and violent crimes etc so that no one will question the time i suppose.
I have been at wrong place at wrong time. I applied for the GC in 2001 and never passed the labor stage till mid 2005 (NY cases stuck in Apr 2001 forever, my company shut down).
I applied on a different labor substitution in 2005 when and got denied as the employer applied the labor to more than one case. I think this might be the reason for the name check. I started clean again in sept 2005 and it is pending thus far.
I used the AC 21 and moved on after the 2007 fiasco. 5 yrs in the US is a long time as far as the employment goes :-).
wizkid732,
My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.
On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.
Just curious... has your case been approved?
I got a letter to the ombudsman's query to USCIS. They clearly mentioned that it was in a name check/background check process and it might take time.
They threw in some words like, that kind of checks resulted in sex crimes, terrorist links and violent crimes etc so that no one will question the time i suppose.
I have been at wrong place at wrong time. I applied for the GC in 2001 and never passed the labor stage till mid 2005 (NY cases stuck in Apr 2001 forever, my company shut down).
I applied on a different labor substitution in 2005 when and got denied as the employer applied the labor to more than one case. I think this might be the reason for the name check. I started clean again in sept 2005 and it is pending thus far.
I used the AC 21 and moved on after the 2007 fiasco. 5 yrs in the US is a long time as far as the employment goes :-).
wizkid732,
My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.
On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.
Doom
07-18 03:18 PM
1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes
Solong
07-22 10:34 AM
Thanks for sharing your different experiences. I feel relieved now. I'll check with my lawyer on Monday just to make sure he knows about that potential issue. You've made my day.
Solong
Solong
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