onemorecame
03-25 03:09 PM
In transit Visa how many days/long one can stay in dubai.Any idea?
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delax
08-03 09:39 PM
Looks like they (TSC) are now processing July 3rd onwards. Any July 2nd filler , filled at TSC still waiting. Also do you know if your name check was cleared.
Not only July 2nd but probably 1000s of 2004 PDs with July 2 as RD are waiting......Its great to see 2006 approvals - at least USCIS is working......but FIFO does not exist in their dictionary.....Its probably LIFO....
Not only July 2nd but probably 1000s of 2004 PDs with July 2 as RD are waiting......Its great to see 2006 approvals - at least USCIS is working......but FIFO does not exist in their dictionary.....Its probably LIFO....
chris
12-30 10:08 PM
How did you find out , that files are assigned to I/O
I got a letter from Congressman's office.
I got a letter from Congressman's office.
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kaisersose
11-27 01:38 PM
Hi,
one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
Thank you
The short answer is, it does not work. It has been permanently banned following heavy abuse.
Substitution is a process of cutting the queue, by using a Labor approved for someone else earlier. Many people who came ino the US in 2006 on H-1b now have green cards by paying $$$ to some GC shops for old Labors. This came to the notice of DOL and they decided to put an end to it.
one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
Thank you
The short answer is, it does not work. It has been permanently banned following heavy abuse.
Substitution is a process of cutting the queue, by using a Labor approved for someone else earlier. Many people who came ino the US in 2006 on H-1b now have green cards by paying $$$ to some GC shops for old Labors. This came to the notice of DOL and they decided to put an end to it.
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FebPerm
11-24 08:32 PM
Hi,
Do we have to go through each and every decision of AAO by clicking on the dates or else Is there any efficient way to do that.
Thanks
Do we have to go through each and every decision of AAO by clicking on the dates or else Is there any efficient way to do that.
Thanks
martinvisalaw
03-18 03:30 PM
Thank you for your previous answer. You mentioned that he can't file 485 legally in the scenario explained above. Is it illegal because he was laid off and not working anymore for the employer A? I believe as long as company A is interested in offering him the future position, he can file 'legally' with the job offer letter. Please correct me if I am wrong.
It would be fraudulent for him to file the 485 with no realistic chance of working for Co. A. As I said, if there is a chance, he could file.
It would be fraudulent for him to file the 485 with no realistic chance of working for Co. A. As I said, if there is a chance, he could file.
more...
lostinbeta
10-21 12:27 AM
Sometimes I have an idea of what I am going for in my head. In a case like that I do everything I can and try and find anyway I can do achieve a near effect as the one in my head.
But most of the time I let my imagination take me where it wants at that moment.
It isn't edwins comp that does it.... it is part of edwins amazing ability :beam:
But most of the time I let my imagination take me where it wants at that moment.
It isn't edwins comp that does it.... it is part of edwins amazing ability :beam:
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Munna Bhai
07-12 09:48 AM
Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4?
Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
Let me know what you find. Good luck.
One person just told me that, I can switch to H4 but I will be subjected to Cap since my spouse is in H1b non-profit.
Currently my H1b extension is based on i-140 approval(3 years), will same rule apply to my case.
Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
Let me know what you find. Good luck.
One person just told me that, I can switch to H4 but I will be subjected to Cap since my spouse is in H1b non-profit.
Currently my H1b extension is based on i-140 approval(3 years), will same rule apply to my case.
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eb3retro
09-26 12:10 PM
i am a july 2nd filer at NSC , got EAD too. i-140 originally from NSC also.
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eb3stuck
09-22 07:20 PM
Well, I don't see a problem with that. If you can file 485 without clearing 140, why can't you file 485 without clearing labor?
We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.
I think this is still in USICS control to allow I485 to file even if priority date is not current.
We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.
I think this is still in USICS control to allow I485 to file even if priority date is not current.
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21stIcon
05-04 01:36 PM
Every body knows about PERM system glitches before July28,2005, they gave an oppertunity to refile for all those who got rejected on software issues, so we do not need to go back to year old data and I am quite a frequent visitor to immigrationportal, at least 5 visits a day from last sep'05
Guys, I really appreciate he was able to come up with some number, but you would be able to decide how much this is helpful, I am not buying his PERM conversion denial rate
.
Guys, I really appreciate he was able to come up with some number, but you would be able to decide how much this is helpful, I am not buying his PERM conversion denial rate
.
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hary536
05-20 03:51 PM
Hi, Thanks for the reply.
In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.
Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
file an amendment? If yes, which H1B or LCA or both?
Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.
Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
file an amendment? If yes, which H1B or LCA or both?
Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
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tamil12
09-09 08:55 AM
If you can't able to wait for the AP to come...Then give a shot to the local USCIS office...and get an emergency AP...you can get it in oneday...But you need a valid document to show as it's a emergency travel to India....probably a document from India...
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micofrost
07-12 01:34 AM
"We continue to pay for Your Social Security
But the presidency gives illegals over legals more priority"
But the presidency gives illegals over legals more priority"
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mytrix76
01-11 07:54 AM
You Can work for the same Employer On H1 even after entering US on AP.
It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
Please let us know if anybody has done this successfully.
Thanks for the response. Can you please tell me how you were able to confirm that one can continue on H1 with same employer. Did you do this personally or did you hear from an attorney. The reason I am asking is that I want to be completely sure about it before I implemented it
Thanks again.
It is NOT clear Yet if we can file for H1 Transfer with another employer after entering US on Advance Parole.
Please let us know if anybody has done this successfully.
Thanks for the response. Can you please tell me how you were able to confirm that one can continue on H1 with same employer. Did you do this personally or did you hear from an attorney. The reason I am asking is that I want to be completely sure about it before I implemented it
Thanks again.
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krishnam70
04-06 04:44 PM
Really? Nobody? Nothing? :( Please, any advice will do, I'm desperate, I don't want to leave in 2 weeks, I need some more time with my partner...
This is a unique situation and may be an immigration attorney will guide you better. You should try to follow the law where ever possible. It could have been much easier had you gone out when your visa expired and returned back on another visa. Anyway try to speak with an attorney and get a good advise on how to remedy this situation
- cheers
kris
This is a unique situation and may be an immigration attorney will guide you better. You should try to follow the law where ever possible. It could have been much easier had you gone out when your visa expired and returned back on another visa. Anyway try to speak with an attorney and get a good advise on how to remedy this situation
- cheers
kris
more...
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arkanand
06-22 01:31 PM
To EB3June03
I got an RFE for TB test too last week and got all of it done by June 19. I did a TB test in 2002 was 20mm induration which is positive. Because it was positive in 2002, I did not do TB test in 2007 when I sent in my I-485.
I got an RFE for a TB test last week and decided to do another test although I got positive in 2002. I also did one in India in 2000 and was positive then also.
So after two positive tests done in 2000 and 2002, I did one again last week and got positive with 19mm induration (2002 induration was 20 mm). Anyways, I am fine so far and no problem. I attached my chest x-ray which was clear and all documents sent.
Since this my 3rd test and all 3 positive, i think you can do the test and will become positive. However I do want to EMPHASIZE...the doctors and the nurses RECOMMEND NOT taking the test again as it will be positive.
But I took it anyways for sake of RFE and nothing happened.
I am not a doctor and just shared my personal experience if it helps!!
I got an RFE for TB test too last week and got all of it done by June 19. I did a TB test in 2002 was 20mm induration which is positive. Because it was positive in 2002, I did not do TB test in 2007 when I sent in my I-485.
I got an RFE for a TB test last week and decided to do another test although I got positive in 2002. I also did one in India in 2000 and was positive then also.
So after two positive tests done in 2000 and 2002, I did one again last week and got positive with 19mm induration (2002 induration was 20 mm). Anyways, I am fine so far and no problem. I attached my chest x-ray which was clear and all documents sent.
Since this my 3rd test and all 3 positive, i think you can do the test and will become positive. However I do want to EMPHASIZE...the doctors and the nurses RECOMMEND NOT taking the test again as it will be positive.
But I took it anyways for sake of RFE and nothing happened.
I am not a doctor and just shared my personal experience if it helps!!
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sushilup
08-22 11:02 AM
i APPLIED ON 7th July...
NO news
I applied for EAD renewal at TSC on June 24 with a pending EB3 I485 pending at NSC. I still have not got an approval for EAD renewal!
Is anyone else in the same boat got their EAD approved?
Did I send my application to the wrong service center, I live in North Carolina?
I know several other people that got their EAD renewal application approved at TSC and these people applied about a month later than me!!!
Please advise :confused:
NO news
I applied for EAD renewal at TSC on June 24 with a pending EB3 I485 pending at NSC. I still have not got an approval for EAD renewal!
Is anyone else in the same boat got their EAD approved?
Did I send my application to the wrong service center, I live in North Carolina?
I know several other people that got their EAD renewal application approved at TSC and these people applied about a month later than me!!!
Please advise :confused:
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misanthrope
03-25 12:08 AM
How will that help resolve housing market problem? If you are going to make a claim then make sure that you can back it up with facts/figures/evidence.
gcisadawg
04-30 01:37 AM
Man, this guy is a GC holder. He is going to marry a girl in India. At some point, he would become citizen and ask his wife to move with him. This is a natural process. Why is USCIS putting an unnecessary delay of several years by not allowing one's spouse to join him/her? It is beyond my understanding to think how lawmakers missed this simple reasoning!
Sorry, I don't have helpful suggestion for you but am just purely frustrated that a GC holder who wants to start a family can't do whenever he/she is ready.
-GCisaDawg
Sorry, I don't have helpful suggestion for you but am just purely frustrated that a GC holder who wants to start a family can't do whenever he/she is ready.
-GCisaDawg
manja
06-29 02:34 PM
My employer does not pay for dependent health insurance and I want to buy insurance for my wife. Does anyone know of any plan that covers pregnancy? So far I could not find one. I'm living in Texas.
Thanks.
Thanks.
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