Saturday, June 18, 2011

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  • logiclife
    01-25 04:56 PM
    TOI makes it sound as if Bush is dispatching Air Force 1 to India for a planeload of skilled desis and will issue them US passports at the port of entry.

    :D :D :D

    That's hilarious.

    But fun aside, you're right. Times of India makes it sound as if H1Bs pretty much run everything and create everything and that H1Bs are like rockstars or something.

    One reason I never read Times of India is that they somehow have figured out to beat pop-up blockers and my screen fills up with pop ups for airlines agents and phone cards and its really irritating.

    Secondly, their content is becoming like a tabloid's content would be.




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  • va_dude
    03-22 08:37 AM
    I did travel back in Dec-Jan to India and back, and just like you we used the AP to re-enter.

    I also am working using my EAD and not H1b. And have switched employers using AC-21. I did send in papers to uscis regarding my Ac-21, but none of that really came into play at the washington dc airport.

    We weren't asked anything related to our employment - no letters, pay-stubs, etc. All they looked at was the AP and that's it.

    I think it is safe to travel for you too. The fact that you have switched employers is completely legal. It might be wise to take the AC-21 memo and old and new pay stubs along with you.




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  • hemasar
    06-22 09:57 AM
    hemasar....dont give wrong information. Just becuse your colleague said that he got it does not make it a law. Please be prudent in providing correct legal information!

    I am just sharing the information of one who got this experience. I am not claiming that is the law. None of us are attorneys. We are not giving any legal advice here. We are just sharing our knowledge and experience. What ever legal suggestions you provide here; are you taking any responsibility for that? No right? Just we are sharing our concerns, knowledge and experience. If you have any solid evidence that says USCIS will accept chest X-ray only after +/- skin test please share with us.

    Thanks.




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  • estrela21
    02-08 10:50 PM
    Some questions before I answer.

    1) Did you get married in a church or did you reserve a church for marriage?
    2) If you are not married how do you start immigration paper work?

    If you want to start paperwork, you need to get married.If you have to get married, you need to get married before March 31.If you have to get married before March 31, you need to get your marriage license before that.If you already got married why do you need license?If you are talking about marriage certificate for applying immigration, you can apply it on line.If he goes to jail on March 31st then ask him to apply for parol to come out.



    well i got marriage ceremony , not civil yet...because i didn't know since he have this problem in court. and he says that they would let him out once he's in jail.. the chance of he goes to jail is 50 50... if goes he will get about 18 months. will still can do my papers?



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  • sam2006
    01-21 05:02 PM
    Concerning is most students do not know or care of these issues. All they want is to graduate find a job. Jobs are plenty thanks to 'Desi Consultants'.

    The worst part many working pros who know of these issues hardly make an effort to work on a solution.

    Either stay mum or fight for..IV members are the latter

    True

    All they care is catch a Desi Consultant and fake the resume So sad !!!!




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  • phillyag
    05-30 04:43 PM
    2. I140 receipt
    3. I485 receipt


    Would photocopies do for the above 2 docs ?



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  • ab2k7
    07-17 04:28 AM
    Thanks desi3933,

    The article here from Murthy specifies the solution in a different way and doesn't mention the need of filing LC or 140 again if the LC was properly filed as roving employee. Will have to confirm with attorney. Hope this would help ppl in similar situations.

    http://www.murthy.com/news/n_svcupd.html
    I-485 Filing for Roving Employees
    �MurthyDotCom
    The USCIS indicated that, if a roving employee's I-140 petition is filed with Service Center A where the company is headquartered, but the employee moves to Service Center B's jurisdiction before the I-485 is filed, the employee may file the I-485 with either Service Center A or Service Center B. The USCIS also noted, however, that if the I-140 petition is filed at Service Center A, and then the I-485 is filed with Service Center B, the I-485 must be held until the I-140 is adjudicated. It is not clear if this means no action will be taken or if it simply cannot be approved until the I-140 petition is adjudicated. Roving employees are those who do not have fixed work sites, but can be moved from location to location, depending upon the needs of the employer. This is common with IT contractors. The safer approach would be to file the I-140 petition and the I-485 application in the same Service Center to avoid additional delays or the need to transfer the file from one Service Center to another.

    In this instance when ever a consultant or "roving employee" moves to another city/state an LCA amendment is to be filed to accomodate USCIS rules. Whether this would have any adverse effect on LC/140/485 as far as refiling/ RFEs later is still not clear. I'll keep looking around for more credible info regarding the same. Pls point out of you guys know of any.

    Thanks again in advance.




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  • whatamidoinghere
    03-26 10:04 PM
    Hi,

    Does anyone know if people on H4 are allowed to work unpaid? For example, can a person on an H4 visa file for an H1B visa with a start date of October 1st, 2007 but work on a volunteer basis (i.e., unpaid) at the same job while waiting for the H1B to come?

    Thanks,
    Andy

    H4 can do volunteer work for non-profit organizations only.



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  • rocky74
    07-19 10:39 PM
    Applied for LCP in July 2007 and I am not sure if I can apply for I-140/485 if my labor is approved before 17 August 2007. My PD is July 2007 but my labor might get approved in August.

    Any Guess????




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  • sandy_anand
    04-08 05:11 PM
    Well glad that at least all the lawyers' websites experienced lots of traffic these past few days. Happy for them. Only visible benefit from Mr.Oppenheim's dramatic announcement about the 12000 additional visas. :rolleyes:



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  • BhanuPriya
    06-11 02:41 PM
    There is no problem in changing company and getting extension based on Approved I -140. Please contact a good attorney and proceed.




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  • iman.karta
    11-07 11:30 AM
    Letstalklc,

    Thanks! Good luck with yours too.
    No, my application is not filed by Fragoman.

    Apparently, there are some fellow in my law firms, who got audited before September 2007 (mine is November 2007), and they havent been approved. So apparently, it is more random than FIFO.

    It really sucks.



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  • indo_obama
    05-19 12:12 PM
    Try to apply in another consulate . that might help. Otherwise as everybody has mentioned you are sufferring coz of the indian outsourcing giants who have abused every other VISA




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  • bfadlia
    02-21 12:11 PM
    https://egov.immigration.gov/cris/jsps/ptimes.jsp



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  • zCool
    12-04 02:42 AM
    You were supposed to get 92$ / hr for a LC you applied for in 2001??
    exactly what is it that you do/did?




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  • USDream2Dust
    07-20 02:30 PM
    Folks, I have been reading this. My lawyer send me G325 only. I haven't filed as of yet. Should I file G325A instead.



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  • smartboy75
    06-21 02:02 AM
    IN the same context, how about EAD.

    If I file I-485 and lets say the dates retrogess and my PD is not current, then as mentioned and if an EAD is not yet issued does the EAD issuance and I-485 both are "suspended" till PD becomes current or is it just the I-485...

    I guess what I want to ask is that is EAD linked to PD date ?




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  • monkeyman
    02-26 11:04 PM
    Have your 485 checks been cashed? You really need to start following up - if you went through a lawyer, check with the lawyer. If not, tell the lawyer to give you a status on the receipt notice.




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  • snathan
    05-07 12:06 AM
    No they did not book any charges against me..How could they that? We did nothing illegal. It is just the whole episode took place ..It has shaken me and my family.
    I donot know any lawyer.. Moreover, I am not sure whether it is advisable to go to a lawyer or not... not sure how major the issue is for them..
    Moreover, will this affect my Green card process if I start suing these govt. people?

    I am just confused...

    If you feel you are offended and religiously hurt you can give a try. Some time back MCD was sued for cooking frys in the same oil where they cook chicken. In this country people will only understand law suite.




    tnite
    09-30 02:21 PM
    Can you please tell us what the RFE was about....Did you use AC21.

    Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.

    The RFE was for my I20's and OPT EAD card and Marriage certificate.




    BharatPremi
    10-19 01:40 PM
    LC Salary:- $85,000
    LC Location:- New York

    New Job Salary:- $74,000

    New job Title and Job duties are same.

    Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.

    As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.

    I've consulted few immigration laywer and the opinion differs.

    Experts.... Please help

    My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.

    Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
    your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
    overall job market if DOL has made prevailing wage say for an example "$74K" for the
    same job code now then what? In this case should your AC21 be denied or accepted? If
    some expert can guide us, we would highly appreciate for this scenario.

    Notes:

    1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
    to current wage and 20k bonus if I can.
    2) Geographic location should not matter while changing the employer.



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