Friday, June 10, 2011

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  • GCOrNoGC
    08-20 04:57 PM
    Thank your for ur reply....What about I-129 petition & withdrawal letter...Is there anything that protects me which states that i have a right to get a copy of documents - petition, letter, etc,...from employer. Can somebody point me in the right direction to so that i have a case in point.!
    Thanks!

    uslegals,

    I sent you a couple of PM's, can you pls respond

    Thanks




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  • gc_chahiye
    12-18 04:24 PM
    What do you mean? An approved I-140 suddenly got reversed decision and was denied? Haven't heard of such cases. Can you please show me the link? thanks!

    this was posted on IV recently:
    Approved I-140 revoked after 2.5 yrs
    http://immigrationvoice.org/forum/showthread.php?t=15993




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  • karthic
    12-19 08:26 AM
    Hi a_yaja,
    Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo


    My Inference from Memo:
    When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.


    Please let me know if i am wrong. Thanks

    Below is the paragraph from the attached Memo


    Requests for Changes in Employment or Concurrent Employment Requests
    for Certain Cap-Exempt Aliens.

    Any alien who ceases to be employed by an employer described in
    paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
    section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
    toward the numerical limitations contained in paragraph (1)(A), be counted
    toward those limitations the first time the alien is employed by an employer
    other than one described in paragraph (5). (Emphasis added.)

    Documentary evidence, such as a current letter of employment or a recent pay
    stub, should be provided in support of such a concurrent employment petition at
    the time that it is filed with USCIS in order to confirm that the H-1B alien
    beneficiary is still employed in a cap-exempt position.

    At the time of filing of a concurrent employment H-1B petition that is subject to
    the numerical limitation of 214(g)(1)(a):
    � If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
    exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
    not be counted towards the cap.
    If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
    position, then the alien will be subject to the H-1B numerical limitation, and
    the concurrent employment petition may not be approved unless a cap
    number is available to the alien beneficiary.
    If USCIS determines that an H-1B alien beneficiary has ceased to be
    employed in a cap-exempt position after a new cap-subject H-1B petition has
    been approved on his or her behalf, USCIS will deny any subsequent cap-
    subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
    numbers are available.




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  • pappu
    06-06 11:10 AM
    Good points.

    Cann't travel outside usa, because of too many restrictions on h1/h4 visa holders.
    yes this can be a newsworthy story from an emotional perspective and views from prominent behaviour scientist to reaffirm our sentiments.



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  • gssh
    07-18 10:47 AM
    CORE team has done an excellent job. Keep it up.




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  • radhagd
    04-02 09:26 AM
    I filed my LC using regular process in EB3 category in Dec. 2003 and then LC was thrown to backlog center and pending there for ever. then I filed another LC using PERM in EB2 category in Dec. 2006 and got it approved in Jan. 2007, then filed I140 in Feb. 2007. Now my lawyer told me my EB3 case got recruitment instruction, but our company's policy doesn't allow same person to file two I140 application. Due to I already start my EB2 I-140 application, I can not continue my EB3 case, means I will have to withdraw it (if I have not file EB2 I-140 yet, I can continue my EB3 LC, but still need to decide which one I will pursue when file I-140 for either of them later on). I was planning to get two I140 approved and then carry over my earlier PD to file EB2 485. but now things get blocked by company's policy, which even prohibited me from paying by myself. Sign! Would you guys give me any good idea to see if I have way to get my EB3 case moving forward? thank you in advance.


    If you want to keep EB3 PD, the best option in your case is withdraw your EB2 140 and ask your company to file EB3 140, once it is approved, make sure you get a copy of approved I140. Find another company who is willing to do EB2 GC,file Labour. Upon approval of that Labour file EB2 140 requesting recapturing of EB3 PD. To be on safe side do not join the new company until you get Eb2 140 approved and join later at your conveniance.



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  • PD_Dec2002
    06-12 07:56 PM
    evl is employment veriication letter
    My new employer does not do any type of sponsorship and I was going to go to the previous employer, but they are not doing very good now:(

    So if I understand you correctly, you filed your I-485 while you were working for the new employer, but got your old employer to give you the evl so it would appear as if you are still with the old employer?

    Thanks,
    Jayant




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  • Ramba
    07-29 12:55 PM
    He did ask me who filed for the GC so he knew mine was EB case.
    Elaine,
    Is there any document on USCIS website that clearly states that EB AP holder's can visit outside US and return without need of emergency?
    thanks,

    If you see the instruction of form I-131, it clearly says AP is an exdraodinary measure and should be sparingly used, for emergency purpose (page 1). AP can not be used to by pass the visa or visa issuance process. It clearly says that if AP is based on pending I-485, then the travel should be for family emergency and bonafide business purpose (page 3).

    As because, USCIS/CBP is flexible for AP admission it does not mean that the rules are flexible. If the CBP agents at POE wants to flex their muscles they can deny the admission of AP holder, if they found the travel was not an emergency or a bonafide bussiness travel.

    http://www.uscis.gov/files/form/I-131instr.pdf



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  • 485Mbe4001
    01-08 01:55 PM
    As far as i know PF is controlled by the central government, TCS will not have any say in you withdrawing your money. Generally there is an upto 15% match from the company in your account, and that is yours the moment it is deposited in your account. You should not have any problems withdrawing your money. Your money is yours. Some companies deposit PF monies quarterly, small companies deposit it annually, in those cases you might be screwed if you company did not deposit the money in your account.

    Has anyone managed to withdraw money from TCS PF from Mumbai India?

    If so, pls advise on the procedure for the same?

    Thanks,




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  • saurin
    02-09 09:24 AM
    I inquired about the possiblity of LOA and that is definately possible according to my manager. Now how to get paystubs when there is an RFE?



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  • sidshar
    05-15 03:37 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.




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  • Josh Shaffer
    06-01 01:40 PM
    My name is Josh Shaffer and I am an award-winning filmmaker from Long Island. I need FLASH animators who can put together roughly four minutes of FLASH animation for an upcoming project. Animation must be in my hands latest mid-August, so that's two and a half months, more than enough time for the material I need. Animation can be Flintstone style if needed, static body with moving facial expressions, arms and legs.

    More info, script samples available, first let me know if you're interested.

    Thanks

    Josh Shaffer



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  • Hermione
    09-20 01:42 PM
    And what is the message again? You are leagal and highly skilled? Good for you! Now I am going to go and attend to more urgent matters.

    The message should be a call for action and it should be shorter.

    Raise EB quotas! Exempt derivatives from quotas!

    That would qualify as a message in my mind. It's positive, it's actionable, and it is clear.




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  • sunshine2007
    08-27 04:49 PM
    I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I'm the primary applicant and in EB3 category. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?

    this is very important.



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  • Nickjr
    10-10 12:35 PM
    Yes I have done recently ( Last week)

    I went to France consulate and all they wanted to see was my EAD so if you have Valid EAD u should be fine

    Thx
    Praveen




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  • tabletpc
    08-24 03:05 PM
    "Unconfirmed reports say that PP for EB3 will be introduced before PP for EB2. True?"...

    Won't be surprised though..!!!. Y don't they just swap the available visa dates of EB1 and Eb3...????



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  • GoRedSox2007
    10-31 12:46 AM
    Guys,

    EAD/AP - RD 10/12/2007
    Checks Cleared - 10/14/2007
    ND - 10/16/2007
    Notice Received - 10/19/2007

    Online Case Status - Not available




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  • team trim
    03-23 07:28 PM
    Hello,

    My first H1-B visa expires in September 2009. I was going to have my company file for extension exactly 6 months before the expiry date until I found out I cannot travel out of the U.S. while my extension application is pending. I have a trip planned in July.

    My company attorney recommended that I put off submitting the extension, go on my trip and apply as soon as I get back.

    Is there any risk associated with doing this? Or is it better to apply as soon as I can at the 6 month mark?

    Thank you,


    Team




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  • eager_immi
    02-12 10:43 PM
    mine took 2 weeks in Vermont.. or wherever they moved it to. My friends took 1 week from houston.




    meridiani.planum
    05-11 02:36 AM
    Hi All,

    I came to US on H1B visa in Feb 2005. Initially for two & half months(2.5) I was on bench, than I got project for 6 months. After that project again I was on bench for two & half moths(2.5). Means totally I was on bench for 5 months, so for that period I don't have paystubs with me. I have W2 & paystubs for those 6 months(when I was on the project) as I paid tax for those 6 months.

    After that I never be on the bench till date, means I am constantly on the project from Jan 2006 to till date.

    My labor got approved & I-140 is in process. Now in future if I get RFE on this issue than how should I give response in that matter?:confused:
    I am asking this because I want to be prepare if any RFE come regarding this issue.

    I will really appreciate any kind of response/guidance in this matter.

    I really need solution for this problem.

    Thanks in advance.

    You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.




    Libra
    07-10 09:52 PM
    I think he is just kidding, he might want to see how people will react:D

    great...if thats true.. mine goes to one service center and my wife's goes to another



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