Friday, July 1, 2011

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  • smohan
    07-15 03:04 AM
    Presently I am on H1B visa status, valid till March 2009. My PD is of June 2005 and I-140 was done in 2005 also, presently trapped in retrogression.

    I have a great offer from a big oil company. After my possible joining to them with H1B transfer, they are willing to start my labor also. In such a case, I want my new labor to be filed ASAP, as my son will be 21 years old in march 2008.

    In a case I join this new company in middle of August, when do you think my labor could be filed....I heard there is some two months advertising involved before filing in PERM.

    Thanks for your time guys.




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  • joydiptac
    01-22 04:18 AM
    The actual story:

    http://international.ibox.bg/news/id_417426389




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  • HRPRO
    01-24 03:59 PM
    If the LCA was filed on 1/18, it should be approved by 1/25 (Now-a-days it takes a week). Have your attorneys expedite the process once they get it and file it before your last day. You should be good.

    If you still have a good relationship with your current employer, try to extend your last day by a week (just as plan B)




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  • pani_6
    04-30 11:49 AM
    This site has been a hope for lot of us in dark tunnel..sometimes the only hope..From couple years now...
    Thank you immi-law for all you efforts...!:)

    Time for gratitude ...



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  • amoschid
    07-18 04:04 PM
    i think this thread will give you an insight about how it works:

    http://immigrationvoice.org/forum/showthread.php?t=10428

    :D




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  • aadimanav
    08-06 03:50 PM
    I have heard/read that the person should work with GC sponsoring company for at least 6 months after RECEIVING the GC. Is that true?

    This is 6 months after RECEIVING the GC and not just filing the 485 - Correct?



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  • mmk123
    04-23 11:56 AM
    I think they carry only their own documents + hdfc receipt etc stuff in original.
    All other documents (that are not issued to them) are a copy e.g. your I797 notice, copy of your passport, visa etc.
    Your Birth certificate is one such document hence copy should be fine. And also your passport also has a name of each parent.




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  • panky72
    06-24 04:51 PM
    A friend of mine just told me that USCIS has issued "guidance" a couple of weeks ago that allows using the EAD and at the same time "preserving" the alien's H1B status.

    I can't find the document, but he swears that he read it..

    Not true. There was a request from AILA to USCIS regarding this issue for maintaining H-1 with full time employer and to work on EAD for part time work. USCIS does not not permit that at this time.



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  • vxb2004
    12-25 10:11 PM
    Hi
    I planning to use AC 21 from Next week, I plan to call my parents in July 2008, What should I mention as my Immigration Status in Invitation letter.

    As I will not be on H1B and neither I have Green Card ?

    Mention you are in I-485 adjustment status. Thats the truth...good luck.




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  • mayitbesoon
    11-16 12:20 PM
    Please help me in this regard.

    I came to US in Sep 2003 using H4 visa. Later in 2004 I applied for H1 visa with two different companies. first one got approved in Oct 2004, second one got approved in Nov 2004. I started working with the second company since Dec 2004.

    Now, is it wrong not joining the first company upon approval. Since H1 status starts as soon as visa is approved, have i violated any status rules here by not working with first company at all?. What would be my status since the first H1 was approved and until i started working with second company?
    Had i been out of status during the time period between Oct and Nov 2004?

    Thank you.



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  • suttu
    01-14 01:18 PM
    There have been cases reported in past on this forum where the PERM approval was lost in mail.

    You should ask your employer to download the PERM approval from DOL ETA website, which should be completed and signed by both you and your employer (similar to the PERM paper approval that you did not receive).

    Your lawyer should submit this form with I-140 and also request USCIS to obtain a duplicate copy of PERM approval from DOL. This may help.

    Are you porting to EB2?

    Yes i was hoping to port to EB2.

    The issue is that the lawyer says that they will follow this process of dowloading the cert and request USCIS to get a dupe, but hey say they cannot do this under premium processing and will have to file under regular I140. this adds 6 months to the process and effectively eliminates any advantage since i hope to get my EB3 485 current by that time.




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  • Blog Feeds
    01-20 07:00 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.

    Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.

    BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.

    Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.

    Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (http://www.h1bvisalawyerblog.com/Prevailing%20wage%20Request%20FORM.pdf).

    Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
    U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
    Attn: PWD Request:
    1341 G Street, NW
    Suite 201
    Washington, DC 20005-3142

    In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.





    More... (http://www.h1bvisalawyerblog.com/2010/01/update_on_the_federalized_proc.html)



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  • krishna.ahd
    04-26 09:01 PM
    Is there any law for disabled immigrant. I am 33 years old, and I am disabled, and I am here in US from 1998. I really want to settle down in one place, and it does not matter whether it is India or America but I think I have to make a choice right now, or my future will be a big question mark.
    I have waited for a long time, thinking future will be bright, day by day I dont feel I will get my Green Card, So as my lost option I am wondering whether there is any option for disable immigrant? Any help is appreciated.

    thanks
    I dont think there is any special provision for disabled as far as GC is concerned.
    Could you please elaboarte more.
    What is your status ?? How far you are in GC process like 140 applied /approved ??




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  • sundar99
    02-27 01:41 AM
    http://www.outlookindia.com/full.asp?fodname=20060306&fname=Mittal&sid=2

    Perhaps - if we show that India can benefit by 1 Billion $ worth of H1 folks Social Sec Contribution for India's development, might either US Govt commit to returning the money or make provision for quicker dispension of GC cases for H1 folks waiting for GCs... Kamal nath, Dayanidhi Maran are shrewd and savvy politicians unlike other folks who are equal to lalooos !

    Folks,


    RANCH 99 is a popular Chinese groceries visited by most chinese indeed in Silicon Valley _ Bay Area - This can be a sure shot for publicity for EB Retro Join the cause campaign among them.

    Not sure if this is a good idea, 1. Either to put a English note on How chinese is affected because of EB Visa Retrogression ? and pass the website and email id to join ?

    Or get a person to translate it into Chinese and put it up in Ranch 99 - Milpitas, berkley, Fremont, Sanjose ? Ranch 99 is a popular place among chinese network to buy vegetables and well networked among chinese !

    I am assuming there must be similar network of Chinese Shops in other cities !. I am going to ask a few of my students from China to post it in their internal mail aliases for wide coverage !

    Some thoughts on this ? ALSO _ Indians perhaps can talk to Silicon india, then other Bay Area local newspapers to publish it ? - Put it up in Komala Vilas, Udupi, etc ?



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  • SGP
    12-06 11:29 AM
    My employer sent the documents for my H1b extension today to USCIS and they applied it through premium process, can anyone please let me know how many days it will take to get the Receipt notice both in Email and hardcopy?

    My H1b expires on Dec 15th 2010 and if I wont get my receipt notice by than can I stay in US legally or should I have to leave US?

    Please let me know your suggestion.

    H1b extension Receipt Notice issue time in PP

    You will get the acknowledgment within 3 to 4 days of receipt.
    If you do not get receipt, then you are out of status and will have to leave the country. But don't worry you will have the receipt before Dec 15. BTW which center did you apply to?




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  • h1bdude1
    03-25 06:04 PM
    I will be going to Civil Surgeon Next week for my Medical Exam Report (I-693). I saw lots of people got RFE (Query) from USCIS for Incomplete I-693. most of the time i heard its a Surgeon Mistake - either missing chest X-Ray Report or missing signatures or not standard X Ray Report and so on.

    1. Could somebody Recommend me any Precautions which i need to take
    while visitng civil surgeon office to minimize mistakes.???
    2. Do i need Chest X-Ray Report from civil surgeon ??
    3. what else i need from civil surgeon ??


    P.S : Mine is a Family Based AOS



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  • newtoh1
    03-13 11:30 AM
    if H1 denied by current company and still he has time with wariler I797, in this case sep09, can he try apply H1 transfer to some other company ?




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  • Dipika
    03-26 05:06 PM
    i'm in same situation. Lawyer said filing I-130 is not considered as another GC application. it's just petition and doesn't affect EB processing. even we don't need to mention it in EB I-485. both are seperate things.
    EB3 is very slow so batter you file I-130.
    i filed I-130 in May 2006 and EB2 i-485 in Dec 2004. still waiting :(




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  • msadiqali
    08-25 05:42 PM
    i was able to get hold of them. they told me to call back on 12th working day if i dont get back any response within the next 11 days for my case.




    needhelp!
    10-12 12:06 PM
    don't forget to dial in after your meet & greet.




    kavas
    03-28 09:38 PM
    Hello Friends

    I am observing the alerts and discussions here and also the current political activities.Such a pity that we dont mean anything compared to those who broke the law to enter here.
    Anyways we are part of this system and have to keep fighting till we go down.
    I have a suggestion: Can we make a online petition focussing clearly on just eb provisions in the bill coming to the floor . We can make immigration voice as the sender and send to only senate judiciary committee members .
    We should also let them know that our community is closely following senate proceddings and actvities and would request to know their stand on our plight. I dont think those guys know we exist for one or second we r watching them close.Why would they talk of us if they dont know we r watching..
    we should ask them for answer:do u want us to leave now as its not possible for a eb3 indian to stay on in one job for years waiting for gc. or do u really want tohelp us out.
    i think a single petiition with thousands of signs would be better right now as time is limited. any thoughts..if u guys approve we have to work real fast on it.



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