Monday, June 13, 2011

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  • Hassan11
    09-07 11:44 AM
    I posted this question almost a month agao with no response. can anybody help?? I am stuck........
    Hi

    I have a question regarding an appeal I did a year ago for a rejected LC.

    I have an approved LC and I-140 on an entry level position (EB3) with my company. after I got a promotion to a senior position that requires a masters degree but with a smilar job description but more senior and supervisory responsabilities with the same company. after promotion, I filed for a new LC (EB2) but it got rejected because DOL thinks it is the same position as the already approved LC. my company and I wrote a letter as an appeal on Sep 2006 within 30 days from rejection of LC to BALCA explaining that new position requires a masters degree and it is a senior position with more supervisory duties. as of today, almost a year later, we haven't heard anything regarding DOL (BALCA) decision on my appeal. is anybody in the same situation?? what should I do next?? also I read somewhere that DOl might revoke the already approved LC EB3 after I filed a second LC for EB2 with the same employer. can DOL revoke the first LC EB3 after I have an approved I-140?? please help. Thanks




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  • jchan
    05-05 09:59 AM
    If this happens it will be a bad news as given environment I 140 approval takes years . Very soon there will be a backlog in I 140 stage.. They are just swaping backlog from one stage to another..

    So how can we influence them through this 'public commenting' period? Would that make any change at all?




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  • aph0025
    11-12 01:13 PM
    sure. i will PM you.
    I got it, thanks a ton.
    Also, can you please let me know whose pay stub you submitted to get your case closed? Was it the one from your previous employer, or the one you got your visa transferred to?




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  • suresh.emails
    01-23 11:34 AM
    Well,

    The following is the process to schedule parents visiting visa interview online (assuming both Mother and Father are above 45 years old)

    1. Pay HDFC Visa fee for $131. If you have paid visa fee on or before December 31, 2007, then take a Demand Draft for $31 (eqv in INR) and present the same during the interview process.

    2. Wait for 2 days to activate the bar code.

    3. Fill the D-156 and D-157 forms online thru VFS website and wait for dates to show up. Remember such filled application will be valid for 7 days and meanwhile , if interview dates show up, then one can schedule interview.

    4. The BEST TIME FOR interview dates check up is early morning 5 AM EST thru 7:30 AM EST. ( I did little research during my parents interview schedule).

    5. Filling the D-156 and D-157 online does not mean that, they will be automatically submitted to US consulate. You have to take print out D-156 back to back and D-157 on single page. Then you sign and date the form (if you have filled it on behalf of your parents). Send the forms to parents. They also need to sign the forms.

    6. Remember, one have to write applicant names in their NATIVE language (ex: Telugu/Tamil/Kannada etc..,) on 3'rd column of D-157 form.

    7. Send notarized affidavit for support I-134 form.

    8. All supporting documents

    9. If your current H1-B visa is expired. then send your Receipt Notice/H1-B extension approved notice as a proof of your Current STATUS at USA.

    10. If you have valid H1-B visa stamping, then send the same along with H1-B I-797 approval notice.

    11. If you are on EAD/GC, send your copied of EAD/GC.

    12. In case, if you are sponsoring your in-laws. Then send your suppose Date of Birth certificate, passport copies, marriage certificate along with your documents.

    13. Educate your parents with all possible questions/answers they may face during the interview.

    14. Advice your parents not to lie during the interview process. ask them to answer frankly.

    Let me know if you need more information for visiting visa. I can/may answer all possible questions.

    P.S: My parents got their visiting visa stamped during the second attempt.



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  • hkimmi
    12-22 06:05 PM
    Does one have to stick to old employer for 180 days after I-140 is approved before person can start with new employer and port priority date from previous job ?


    I never heard of that 180 day rule for I140.. better to check with Attorney...

    even Iam interested to know that .....




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  • YesGC_NoGC
    06-20 01:34 PM
    Yes I do agree with you to move on without worry!! As I mentioned that I had made up my mind to accept the position and skip informing USCIS as i read at some places , that it is optional to inform.

    However The Immigration guys (from the prospective employer) saiid that DOL may not like the word "MANAGER" in my case and this can cause issues at later point of time. And They have policy to send letter to USCIS.

    I am looking at looking at options...let's see what is the outcome.

    Thanks




    Guys: I have invoked my AC21 and am a consultant PM though my LC mentions "Programmer/Analyst". I came to this country because it is a land of opportunity and have been in the US for over 9 years now. I can't let this stupid AC21 provisions of "Same or Similar occupation" scepter of fear stop me from moving forward.

    I'm also looking for a Full-time job as a Manager and if I get it I intend on taking it in a heart-beat without worrying about the consequences. Hey, it's not like I'm doing something illegal but merely exercising my due growth in my career. So, I'm moving on and if something bad were to happen like a NOID or a RFE, I'm ready to pack my bags back home with a satisfaction that I was atleast in the driver's seat.

    My 2 cents but please do what is right for you.



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  • conchshell
    08-13 02:48 PM
    who is vld rao?

    He is our cheer leader for monthly visa bulletins. You have posted 116 messages and you don't know Mr Rao?? High time for you to start reading other's posts, other than just writing yours :D




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  • ngopikrishnan
    07-12 09:47 PM
    AP and EAD Renewal Paper filed at TSC - Self Filed

    USPS'd AP & EAD apps - 6/2
    Reached TSC - 6/3
    Receipt Date - 6/4
    LUDs on AP & EAD apps - 6/11
    AP Approval Email (for myself & spouse) - 6/29
    LUDs on AP apps (for myself & spouse) - 6/30
    APs (for myself & spouse) received on - 7/4

    EAD app for myself is still pending - LUD is still 6/11. I hope TSC approves the EAD as well soon.



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  • hiralal
    08-14 06:36 AM
    this is in response to some who say what if India does this and that ...the point is that India will do nothing. In general we have passive leaders and our PM is a great example of that - if it was done against china then immediately there would have retaliation. in some ways it is good if it stops the misuse ...I guess the biggest losers in this are the lawyers - more lawyer shops will close down




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  • chanduv23
    02-25 10:56 PM
    Do not move to IT!
    Are you crazy?? IT is indentured servitude for some desi consultant!
    stay away.. there are already plenty of slaves..

    It all depends on how you look at it. Under the h1b program anyone is a indentured slave, just not indian software engineers. There are good consulting companies and do pay well.

    There seems to be a misconception about software and consulting companies. This seems to be perception based on what people hear or see, but in reality, if the person is capable and good, he/she does not have issues with employer/ nor does employer has issues with the person. While Desi consulting companies seem to stretch rules and have their own ways of handling business, they are also a part of the system. They act like a feeder to system, acting as buffer between layoffs and also specialize in immigration and can be really flexible at times and also give you a share of the billing rates which is not possible in a permanant job where there is career stagnation and lack of mobility.



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  • Macaca
    12-14 07:24 PM
    A USCIS rule appears in a USCIS catalog or addendum. My International Student Advisor had a catalog of rules for F1, COPT and OPT. Everytime I did something out of the norm, I made a copy of the rules. I will keep these rules till I get the green card.

    I was told that there is a 60 days period during which I can switch H1B between companies. To the best of my knowledge, it does not appear in a USCIS catalog: most persons say that it is true. My lawyer told me USCIS does not a rule for the period between company switching.

    I was not aware of the 60 days grace period after OPT. Please let me know if you have seen it in a USCIS catalog.

    I was told that consular approval can not be denied. I was close to being denied. The person before me was denied. Once you are out of the country, anything can happen. It depends on your country, your case and the officer handling the case.

    The advantage of consular approval is that you get multiple entry visa.

    Once again, a USCIS rule should appear in a USCIS catalog or addendum. The catalogs and addendums should be available online. Does anyone know about it?

    Some things slip by but are noticed during the GC process.

    Other concerns.

    1. Kaplan was issuing I-20's in my time.

    2. You are in status if your application is being processed by USCIS. (haven't seen the USCIS catalog)




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  • simple1
    10-06 03:43 PM
    This is a fake post, read it carefully. There is clear fact gaps.
    Explaining fact gaps will train them to create queries that look real.

    just a humble question.. whats wrong in responding to this kind of posts. i dont see anything wrong in suggesting or helping other people like us.

    atleast he is not posting anything bad against IV or any religion or anything negative.


    MC



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  • camarasa
    07-12 05:02 PM
    "and why the hell discrimination against people from only 4 countries?"

    Oh please - what rubbish.




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  • posmd
    04-07 09:07 PM
    I am 100 percent of this view. IV core members should review this with QGA.
    We are already hearing that the whitehouse is pushing this thing to conference even without full senate approval, perhaps they know something we do not, that in some form or fashion something is going to pass the senate.

    Sensenbrenner is not a guy against legal immigration per se. Some of the core members know this from the S1932 experience. There was a guy by the name of "superman" who some of the core members are aware of, who lives in sensenbrenner's district and tried his best during conference in that budget bill.

    We need to involve all those forces so that he does not resist our just and fair provisions. He must be made to realise that to have a clear moral argument about the illegals he must clearly support the legal immigrant provisions.



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  • cdeneo
    04-02 10:12 PM
    Related question:

    You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?

    Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.

    Would like to hear from others of what they think about this?

    The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.

    According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.

    Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.

    Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.

    Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.

    Ams




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  • raj1998
    04-13 12:49 PM
    I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
    1. if the LCA filed will any longer be valid and that might cause issues with labor dept
    2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
    3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.

    when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.


    You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.

    In my company 3 of my collegues are doing exactly this. All are representing US company in the offshore development centre. there payrolls are run here in US, they are in India and all there expenses are paid by US company. They pay taxes here in US show some friends address and there 485 is also in progress
    I am on H1b and also travel a lot at times upto 4 months. (same LCA issue should be true for me also) but never had an issue....

    But I hear you, so better check with an lawyer and have a complete picture, but as I say this is completely doable.



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  • onemorecame
    08-21 04:12 PM
    Interview is not mandatory for I485. Only a small percentage gets the interview call.

    Congratulations




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  • Jaime
    09-11 05:21 PM
    You've worked hard for what you have! VERY HARD!!!! Remember the grueling exams and study back home to be the best and get to the U.S. Remember your sufferin, hard study and hard work once in the U.S. to be the best and contribute to this country!

    Don't let the Reverse Brain Drain suck you in!!!!




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  • black_logs
    04-13 10:00 AM
    But before you send it you make sure you do not want the labor substitution to stay. The AILA draft supports labor substitution.
    Here you go, you can use this as a draft and keep the relevant parts of the comments or adjust accordingly : http://capwiz.com/aila2/issues/alert/?alertid=8652851




    nhfirefighter13
    October 31st, 2005, 06:48 PM
    OTOH, maybe studio work isn't really for me...


    I used to think the same thing until I realized what a great learning tool it can be. If you can learn to light a multitude of subjects with various lighting techniques you learn much more than just "studio photography". You learn ratios, composition, DOF, exposure, etc etc and the more you learn the better your other subjects will be because of it.

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    kprgroup
    08-10 09:02 AM
    Good Morning,

    I went to the uscis local office. The officer told my case SRC-****7236 (765) Renewal was denied on 06/25/2010. He didn’t have the denial details. He told he will send an email to Texas USCIS asking the details. He also told my 485 motion approved and my recent travel document approved but strange that they denied EAD.

    Unfortunately we (Myself & Lawyer) never received a denial notice.

    My EAD is expiring sep 3rd. I know mostly they denied by without seeing my 485 motion approval.I am requesting denial notice by opening SR

    Help me and suggest to overcome this SITUATION (Another wrong denial by USCIS.)

    Thanks
    KPR

    -----------------
    Background OF Myself
    ----------------------
    1)Worked for Company A from 2003 to 2008.
    2)Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
    3)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 2010).
    4)Employer A revoked 140 which triggered 485 denials in October 2008.
    5)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.



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