Tuesday, June 14, 2011

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  • asdqwe2k
    04-19 10:02 AM
    Job location does not matter, as long as it is mentioned that it will be the case in the Labour application.

    All the desi consulting companies do that, so that their employees can work anywhere in USA...




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  • rolrblade
    03-18 08:14 AM
    Hi,

    My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.

    Please let me know if someone has similar experience with the following:

    1. Is there any salary restriction on increase from current salary percentage wise?

    2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?

    Thanks
    Answers below:

    1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
    2. I have used AC21 before. Have not done EAD renewal yet.




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  • parablergh
    08-12 08:36 PM
    Hi, thanks

    Point 2 looks doable..

    Point 1 also make sense if I apply for premium COS for self with future date say 6 weeks from now as effetive date for H1, after i come to know it is approved in 2 weeks time I will get my family here on L2 before effective H1 date and then apply for there COS thru regular after they are here, my last question here is is it possible to apply premium COS specifying future date as effective to start working on H1

    It is possible to set the start date further out i.e. 6 weeks. This would just need to be indicated in the underlying LCA and form I-129.

    If there is no urgent need for your family to travel to the U.S., I would recommend avoiding the possible hassle involved in having them show up and then rush to file a COS solely on their behalf. Keep in mind that a COS filed for dependents without being filed for the beneficiary (you) cannot be premium processed. Typically these petitions take anywhere from 2-5 months.

    If you file for a COS on your own behalf, you can provide your family with a copy of the petition and approval notice establishing that you have received approval for H-1B status. They can then apply at a U.S. Consulate abroad to obtain visa stamps to enter the U.S. Generally people do not run into problems with this as long as they can establish therelationship to the beneficiary (marriage certificate for spouse and birth certificates for children).

    If you have any additional questions I would highly recommend speaking to the legal group/team handling your petition as they are the most qualified to deal with your specific issues. Advice solicited via forums can often lead to incorrect and confusing answers.




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  • nixstor
    02-23 10:48 AM
    H1B's are Resident aliens for tax purposes. USCIS and IRS use different terms.



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  • glen
    04-09 04:42 PM
    Approved I-140 is good enough for applying for three year extension. I don't think there is any rule to wait for 365 days after I-140. I guess the 365 day rule is for pending labour.


    Thanks wellwishergc,
    I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?

    Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.

    -Madhuri




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  • greeta
    04-21 01:20 PM
    Hi,

    I am working in US on L1 and my company would start my green card filling in next few months.

    I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.

    But many of my friends told me that green card processing is faster on L1.

    I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.

    Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?

    Thanks in advance.

    ~Greeta



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  • lecter
    December 8th, 2003, 02:29 AM
    i don't normally go for tricked-up stuff, but this one kind of hooked me. I did the "Ansel Adams" conversion to B&W which gave me a contrasty and "antique' look. Then I merged it with the original at about 45%.

    This gave the shot a very surreal look.

    Don

    Sure is surreal... I'm with Steve, where does one get the plug-in?? (Perhaps I didn't read enough...)

    Offer from a Top consulting Firm | EB3 [Archive] - Immigration Voice

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  • jthomas
    06-10 12:30 PM
    we should fax/email letters to lawmakers/senators from every angle. One way of doing this would be drafting a letter with the calculation and a quote " Just for Indians, and chinese nationality for rest of the world = 1year"

    We should be attacking in each and every angle so they get used to reading our issues and would come with a solution.
    MAKE A NOISE



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  • summitpointe
    01-31 02:02 PM
    There is a high possibility that you will get an RFE and you will need to reply for the RFE.

    Service centers does not consider three year degree course from India as degree equivalent from here. They want minimum four year degree. This may upset you. You may need to talk with your Attorney and look for an alternative to stay in US.




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  • nav_kri
    04-01 08:09 PM
    Yes, the info is right

    Found this text at http://www.albertacanada.com/immigration/immigrate/srsvisaholder.html

    Important note: A new and updated version of the AINP Occupations Under Pressure List for the Strategic Recruitment Stream � U.S. Visa Holder Category will be posted to this site on April 15, 2009. Any applications postmarked before April 15, 2009 will be assessed based on the list currently posted. All applications postmarked on or after April 15, 2009 will be assessed based on the revised list that will be posted on April 15, 2009.



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  • gc_chahiye
    10-31 03:22 AM
    WTF are you talking about, man??? It was said hundreds times: once one use EAD, h(is|er) H(1|4) is GONE!!! Per my lawyer, if you filed H1 extension before expiration, you are ok, in this case ext. filing date make sense.

    H1 status does end when you use the EAD, but that does not mean that you can never ever go back to H1. By getting a new petition, or your extension approved, and possibly having to re-enter the US, you can reactivate the H1 anytime. Its not all a one-way street.

    See http://www.murthy.com/chatlogs/chat0106_P.html
    Chat User : While in AOS, after using EAD and 6 years of H1B is expired, can the person change from EAD to H1B (1 year extension) if person's EAD extension is taking time?

    Attorney Murthy : Although there is no specific mention in the INS law or regulations on this specific issue, the INS has alluded that a person should be able to file an H1B 1-year extension, even from outside the U.S. or within the U.S. Worst case scenario is that the person may have to travel abroad and reenter on the H1B status by applying for the H1B visa abroad, but we believe even that should not be necessary as long as the person always maintained valid legal status until filing the AOS and thereafter.




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  • waitingnwaiting
    01-26 12:56 PM
    Seriously, who cares that Andhra bagged 7 ranks. How on earth is it relevant to the discussion going on here? Plus this isn't a forum for Indians only(and I'm Indian).

    Stop posting these nonsense, amateur messages.

    You are here since 2007 and never posted. Now on this thread you felt the need to post?

    Why do you dislike people from Andhra?Its just a good news. Most immigrant people here are from Andhra and they like this news. I also posted in 'interesting topics'. So it is relevant.



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  • permfiling
    12-15 08:55 PM
    Thanks psam. Did they say what was the issue and how many days did it take to get the card after the issue was found out?




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  • rajesh1972
    02-18 02:31 PM
    I have a Green card and also my wife has GC .My wife is expected to deliver a baby.Shw wants the delivery to be in India and then come back...in that case what VISA will the new baby have to apply US when my wife returns back to US.

    Appreciate your help in this regard.



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  • monkeyman
    02-26 11:28 PM
    You are all set if you have gone through your FP.




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  • mrajatish
    09-17 04:19 PM
    Given the current retrogression and the fact that you are from India, I would think 100 times before immigrating to US. I know this advice will be useless because you will probably think that "hey, look at this guy currently in the immigration queue and waiting for his GC, but advising my brother to do the opposite" - well, I have been in this rigmarole for too long to say that, if you have good opportunities elsewhere, think about them. If I knew about the problems of getting GC in US, I would definitely planned things a bit differently, just my 2 cents.



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  • gc007
    01-07 10:38 PM
    I wud just like to add that shud you travel and use your current visa your new I-94 will be stamped with date June 07. Then you have to extend you H-4 and your old approval will not be valid.

    These are just my thoughts. And I am not a layer.

    Have a great trip


    Thank you very much .




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  • gcsim
    06-12 10:11 AM
    Hi All,

    I'm planning to go to India for my first visa stamping in 3 yrs. Just wanted to know is it safe to go rite now will the cir on verge of being signed.




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  • old_hat
    04-27 09:51 PM
    http://www.dhs.gov/journal/leadership/

    * USCIS has increased the emphasis on processing employment-based petitions. Our goal is to complete adjudication on the older I-140 petitions and to process newer petitions within our targeted processing time of four months. We are making progress toward this goal and anticipate reaching this goal by the end of September 2009.
    * USCIS is issuing employment authorization documents valid for two years, as needed.
    * USCIS is working with the State Department to make sure we use every available visa number. In 2007, we had more visas available in the family-based categories than were needed, so as permitted by law, we transferred those available family-based visas for use in the employment-based application process.

    I recognize that this is a difficult and complex situation and USCIS is working hard to make improvements and to increase transparency in our processes.

    Mike Aytes
    Acting Deputy Director, USCIS




    paskal
    12-19 04:55 PM
    midwest folks- where are you
    please post your availability
    the more the merrier....




    permfiling
    01-18 09:08 PM
    All the written agreements are valid in most of the states. but you can argue on the terms of agreement. He cannot ask her to stay in the company for 4 years. If she works in that company for 1 year, her employer should recover all the money he spent on her.
    The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.

    Thanks Chris but if it gets dirty then what kind of lawyers deal with these type of cases



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