Wednesday, June 8, 2011

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  • waitingmygc
    04-19 12:44 PM
    @waitingmygc - What you are saying is plain garbage. The OP has all the more reasons to worry if his employer is a consulting company. These firms send their consultants to various client locations, but don't file for LCAs each time.

    @OP - It is very strange to see USCIS is going back to see if any LCA violation occurred at this stage of your application. You will need a good attorney on your side. Good luck!

    sledge_hammer,
    I like people like you for criticizing the post without any reason.

    If you could have read the post carefully, it has been mentioned that if anyone has all the proper LCA and his/her employer is consulting company then no need to worry.
    I know lot of my friends got GC last year through consulting companies and worked in past where client location different than employer location. Moreover, couple of them got same RFE and they responded it by mentioning client location they worked for their employer (IT consulting company) and keeping all the previous LCA ready in case. I hope it will help those in same situation.





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  • RNGC
    02-05 04:47 PM
    ^^





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  • ssdtm
    12-11 04:49 PM
    Here is good thread that answers most of your questions

    http://www.immigration-information.com/forums/showthread.php?t=1129&page=6





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  • obelix
    12-22 03:44 PM
    Side question, very much related to OP's question.

    How to run the payroll while you still waiting for SSN?

    My wife's petition got approved today (H4-H1) and we are waiting for physical I-797 to get SSN request submitted. Meanwhile, is it possible to get her on payroll for next 10days so that we can have W-2 for 2010?

    I'll discuss with the lawyer but just wanted to get any experiences on this situation. We are also waiting for ITIN so technically nothing can be done for tax withholding purposes.

    I really don't understand then how COS applies immediately when we are supposed to get paid on H1B all time and at the same time we can't get paid without SSN. Something doesn't add up or am I'm missing anything?

    Thanks



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  • reedandbamboo
    08-29 12:54 PM
    volunteer as a writer.





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  • snathan
    02-04 01:19 AM
    My PERM has been pending for over one year, and I just got the H1 Approval for 1 year and 2 months (1 year H1 Extension and 2 months recapture time). I am currently in Malaysia and need to apply for a visa at US Consulate in Malaysia. Since I am on the H1 visa, I have to show the proof that I will return back to Malaysia after the end of my work period in US. Accordingly, I would need to purchase the round trip ticket. The issue is that the plane ticket only valid for the maximum of 1 year, but my visa valid for 1 year and 2 months. Please advise if one way plane ticket would be sufficient for the visa interview or need to be a round trip plane ticket. If it is not, what should I do? Also, I wonder if the application package including I-129 submitted to USCIS need to be stamped “Certified True Copy” with the original signature of the lawyer or employer for the visa interview. Can I use the copy one that is stamped “Certified True Copy” with the non-original signatures of my lawyer or employer? Anybody pls help. Thank you very much.

    This is my personel experience only....so check with others also...

    When I went to stamping for the first time in india, I did not even have any ticket or any plan for the US trip. H1 is dual intend visa. So I believe only for non-dual visa like B1, one need to prove that you will return and have the flight ticket.



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  • pappu
    12-17 09:57 PM
    I attended the event at UMass Lowell. Congressman Marty Meehan and new governor elect Deval Patrick were at the event. The topic of discussion was "global warming". Both governor and congressman took off after the event but I had a chance to talk to their staff.

    One of congressman's staff went through the folder I provided with IV documents but he works for energy related issues and will pass to the staff dealing with immigration. He did provide me the senior staff member who looks into immigration issues. I'm going to email and try and meet him. Congressman Meehan is part of the judiciary committee related to immigration.

    MA members> I'll send out a separate email to you guys and each one of us should contact and educate the congressman though his main focus seems to be the climate change issue.
    Great effort. If all of us have the same kind of drive and effort, we will surely get the law passed soon.
    Pls follow up with the staff and also try to get an appointment with this lawmaker. If you can go and take some other MA members along, it will be helpful.





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  • RDB
    12-03 11:22 PM
    Hehe....sorry, it was not meant for you specifically......that was in general :)...agree....it will be at least an year, if not years, before we see our greens.

    lol...where do u see excitement in my post? i know its atleast a year for me to see some green.



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  • simple1
    10-06 10:31 PM
    Troll Alert.

    This is a Fake post. read word by word you will understand.

    Read all the posts by user nish. he/she is an anti immigrant.

    Thanks for your reply....
    I have applied H1 through consulate process so I did not get I-94 . I have H1 approval receipt.
    During COS process ..I will not be working on project so is this become problem for denial of COS status

    Please advice...

    Thanks....

    In one of the previous posts the same user tries to taint l1b visa holders.

    my consultatn lawyer told me that i can not stay here but my consultant told me that you can stay here USCIS will not come to know about it.
    how USCIS come to know that i stayed illiegal in US





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  • perm2gc
    10-20 12:11 PM
    I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
    I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
    you dont have to re stamp visa if you have valid visa stamp in the passport..no matter how many companies you transfer during the period of time in visa stamp..



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  • Yin Yang Dragon Tattoo



  • pani_6
    07-03 12:06 PM
    OK if I go the convert to Eb2 route..when do Ihave to shift to the new employer..after the new PERM is approved or after the I-14o is approved??.





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  • waiting_4_gc
    07-18 10:49 AM
    This is a personal Message from me TO the IV Core and its founder.People can keep it alive by thanking the core.

    I Thank the Core and Aman for their dedication, support, campaigns and whatever they have done to bring about the latest development and a big big releif to everyone in the Legal community.
    While all other web sites and forums were just picking things from IV , IV was leading in updating and keeping the members informed about each and every development.I am sure they had been primarily instrumental in getting this done.The issue has and their effort has not only given this releif but have brought the burning issue to the limelight and in the eyes of lawmakers and the Govt, which will now lead to a larger and sustainable solution to the IV community.
    I once again THANK each of the IV Core members and other members for really making the IV a force to reckon with...

    THANKS AND REGARDS

    Thanks, IV. Again, you guys are great and this is a great achievement from you.

    I'm really impressed and donated $100.00.



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  • Blog Feeds
    04-26 11:20 AM
    As many of our readers know, overstaying a visa can have a serious implications on ones ability to return to the US. The USCIS can record timely departure of a visitor by collecting the I-94 card upon exit.

    An I-94 is a form denoting the Arrival-Departure Record of particular foreigners used by U.S. Customs and Border Protection (CBP). U.S. Citizenship and Immigration Services (USCIS) uses Form I-94 also. Form I-94 must be completed at the time of entry to the United States by foreign citizens that are being admitted into the United States in a non-immigrant visa status.

    But what if you did not turn in I-94 when you left the U.S., what should you do? US Customs provided some useful tips:



    If you returned home with your Form I-94 (white) or Form I-94W (green) Departure Record in your passport, it is possible that your departure was not recorded properly.

    If you departed by a commercial air or sea carrier (airlines or cruise ships), your departure from the U.S. can be independently verified, and it is not necessary to take any further action, although holding on to your outbound (from the U.S.) boarding pass - if you still have it - can help expedite your reentry next time you come back to the United States.

    If you departed by land, private vessel or private plane, you will need to take steps to correct the record. If you do not validate your timely departure from the United States, or, if you cannot reasonably prove you departed within the time frame given to you when you entered, the next time you apply for admission to the U.S., Customs and Border Protection (CBP) may conclude you remained in the U.S. beyond your authorized stay. If this happens, your visa may be subject to cancellation or you may be returned immediately to your foreign point of origin.

    Under the Visa Waiver Program (VWP), visitors who remain beyond their permitted stay in the United States cannot reenter the U.S. in the future without obtaining a visa from a U.S. Consulate. So if you are a Visa Waiver Program visitor who traveled by land to either Canada or Mexico for an onward flight, it is particularly important for you to register your timely departure if your green I-94W was not taken when you exited the U.S. If you fail to do so and you arrive at a U.S. port of entry seeking admission under the Visa Waiver Program without a visa, CBP Officers may order your immediate return to a foreign point of origin. If you are a VWP visitor and you left the U.S. by an air or sea carrier, you don't need to worry.

    If you failed to turn in your I-94 Departure Record, please send it, along with any documentation that proves you left the United States to:

    DHS - CBP SBU

    1084 South Laurel Road

    London, KY 40744

    Do not mail your Form I-94 Departure Record or supporting information to any U.S. Consulate or Embassy, to any other CBP Office in the United States, or to any address other than the one above. Only at this location are we able to make the necessary corrections to CBP records to prevent inconvenience to you in the future. The London, Kentucky office does not answer correspondence, so please do not ask for confirmation that your record has been updated.

    To validate departure, CBP will consider a variety of information, including but not limited to:

    * Original boarding passes you used to depart another country, such as Canada, if you flew home from there;
    * Photocopies of entry or departure stamps in your passport indicating entry to another country after you departed the United States (you should copy all passport pages that are not completely blank, and include the biographical page containing your photograph); and
    * Photocopies of other supporting evidence, such as:

    * Dated pay slips or vouchers from your employer to indicate you worked in another country after you departed the United States,
    * Dated bank records showing transactions to indicate you were in another country after you left the United States,
    * School records showing attendance at a school outside the United States to indicate you were in another country after you left the United States, and
    * Dated credit card receipts, showing your name, but, the credit card number deleted, for purchases made after you left the United States to indicate you were in another country after leaving the United States.

    To assist us in understanding the situation and correct your records quickly, please include an explanation letter in English. Your statement will not be acceptable without supporting evidence such as noted above. You must mail legible copies or original materials where possible. If you send original materials, you should retain a copy. CBP cannot return original materials after processing.

    We strongly urge you to keep a copy of what you send to DHS-CBP and carry it with you the next time you come to the United States in case the CBP Officer has any questions about your eligibility to enter. Carrying those materials with you will also allow your record to be corrected at the time of entry if, for some reason, the London, Kentucky office has not yet done so.

    If taking short trips (30 days or less) to Canada, Mexico, or the Caribbean Islands during the course of your visit to the U.S., hold onto your I-94 or I-94 (W); it should only be turned in when you leave the U.S. to return home.

    Delays beyond the traveler's control, such as cancelled or delayed flights, medical emergencies requiring a doctor's care, etc. are not considered unauthorized overstays, however, you will need to bring proof of the cause of your overstay next time you travel to the U.S. in order for it to be forgiven. For airline delays, ask the airline for a letter affirming the delay or a copy of your cancelled boarding pass.

    So make sure to remember to turn in your I-94's, that will eliminate any problems the next time you return to the US.





    More... (http://www.visalawyerblog.com/2010/04/how_to_record_and_report_depar.html)





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  • perm2gc
    12-22 01:49 PM
    It is required of all irrespective of citizenship status to respond to a Jury summons. Not responding is considered contempt of court. The court can issue an arrest warrant for you..Always respond to the Jury summons....
    What happens in someone is not at the address and he does not receive any communication regarding the jury duty.



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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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  • LostInGCProcess
    01-02 10:29 AM
    Hello All,
    Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.

    No you don't have to renew EAD to maintain AOS. EAD is one of the benefits (or privilege) you get while your GC application (I-485) is pending. If the person is not going to work, there is no need to renew EAD. Also, same for AP. If you don't intend to travel, no need to renew AP each and every year.



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  • eyeopeners05@yahoo.com
    04-30 01:26 PM
    So, does that mean i can use AC 21 ? What problems if any should i expect in ac21 transfer ?





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  • franklin
    01-23 03:12 PM
    That's certainly a lot better than the "spam" i got from Senator Feinstein.

    I just got some *#&$ about thanking me for supporting her blue card and AgJOBS initiatives, with not a mention on tackling retrogression issues.

    Hardly a huge surprise, but I'm writing back





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  • stemcell
    02-26 01:21 PM
    Guys, Sorry for my ignorance but
    I was checking vfs-usa.co.in website and in "Immigrant Visas for East & West " section, its written

    An immigrant visa allows the person receiving it to live and work indefinitely in the United States. Immigrant visas are issued based on approved I-129F, I-130, I-140, I-360, or I-600 petitions that establish a family- or employment-based relationship between the petitioner and the beneficiary.

    I have my I140 approved through a american company and my h1b is getting expired in june 09.

    According to above wordings, I can get a visa to live and work indefinitely,based on my approved I140. I have never heard about it.

    Might be some one can explain what is exactly means.

    Thanks in advance!!!!



    https://www.vfs-usa.co.in/ApplnForms/CalendarDatesFrame.aspx?param=+Vv1l5af10Fj9LRisYRG lOas6VuVWZj874VfIUoa8/i/nDTCOq948rhTtLbfrAqki7SQQWSNLLD/GVTVwV9esxn7sbFyXKFBIf+0MhxDK3lO9SX9/icHZuOj59V0yrWmbfsA8p25o30TIxXH2iKk9vG7LmdlwDBGv8D MV/ZPB+VjmunVn3/J5jOdBHdnIQXmWzpfrp/QRvDdsax0+vpHY8y9UxMiJXWBkQgbatE9DwFZgut4/12t7UswvdMDdKj9uk1Aj8HjxeTpMC8IoZ2LHA==



    Having an approved I-140 does not mean you can 'indefinetely' work and live here automatically.
    It is ONE of the steps to clear on the road to legal immigration.

    Please consult your lawyer and he should direct you as to what to do next.......





    sobers
    03-29 04:06 PM
    This should provide some food for thought for any standalone bill for skilled, legal immigrant reform, if it comes to that.

    With the contrbutions high skilled (EB) immigrants make to the country's innovation and competitveness, the much needed science and math skills they bring, and the high taxes they pay, it is clear such immigrants are a net gain to the economy.



    =--------------
    WALL STREET JOURNAL

    March 27, 2006, 3:10 pm
    The Numbers Behind the Numbers


    As Congress debates legislation that would double the number of visas available for highly-skilled workers, Census officials release numbers highlighting contributions by Asian-born immigrants to the U.S. economy.

    Of the 14 million Asians in the U.S., half of those over age 25 have at least a bachelor�s degree and 20% have a master�s degree or higher � the highest education level of any racial group.

    Median family income, at $57,500, also is the highest, with half of Asian Indians earning $69,000 or more. Asians owned 1.1 million owned businesses in 2004, up 24% since 1997, the Census Bureau fact sheet said.

    High tech executives have been lobbying heavily for an increase in the visa cap for high-skill workers, a majority of whom are Asians. All four versions of the immigration bill now before the Senate would double the number of so-called H1B temporary visas to 115,000 and also double the number of employment-based green cards to 290,000. Exemptions from those limits for students currently working on science and technology degrees in the U.S. � most of whom also are Asian � would increase high-skilled immigration still further if any of the bills becomes law.

    �June Kronholz





    vikki76
    04-21 05:43 PM
    This is first one I am hearing. If your occupation was anywhere in IT (QA, Programmer, Web Developer, DBA, ERP (SAP/Oracle financials), semiconductor etc),,it should have gone through



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