Sunday, June 19, 2011

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  • mnq1979
    05-14 08:13 PM
    I have couple of questions and would like GURUS to reply:

    1) Can any one tell me that what triggers the Employment RFE. Like in what instances the USCIS sends the RFE for employment verfication.

    2) I am not working for the employer who sponsered me for the green card, but i can always get the letter from him stating that the position for which he sponsered me is still available.
    If i get the employment RFE will it be OK to send the letter from the employer who sponsored me or do i have to get the letter from my current employer.

    Please shed some light on it. !!!!





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  • gc28262
    07-29 11:04 PM
    I don't think that dude knows what he is talking about. Anyway EB1 cases ARE separate from EB2/EB3 and ARE adjudicated separately than the rest. That's why it is current and I don't know what more that dude wanted...Just few months here and there in adjudication process of EB1 cases...so what? In this whole mess of years and years of waiting for others, what's the big deal?

    This particular EB1 gc aspirant has been waiting for his gc even after 2-3 years of his PD becoming current. He don't want EB1 applications to be subjected to the processing times set for EB2/EB3 etc.

    His point is, it does not make sense to wait 2-3 years for a GC once his date is current.





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  • Robert Kumar
    01-03 10:46 AM
    Hello,

    Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.

    Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.

    Thanks for information.
    So are you saying, the employer need not pay me, while I'm full time in school.
    1. How does it effect H1B status.
    2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
    3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.





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  • wandmaker
    08-24 11:50 AM
    In my paycheck and salary slips there are deduction but reason or description of the deduction are not mentioned. I have all salary slips with me. I am working on % based so some time even after deduction my anual salary is not less than 8 years old offer letter. My anual salary vary from 55k to 100k depending on project rate and lenth of projects in year. I find my own project since last 5 - 6 years and pay % to my greedy company for nothing. It took me 8 years to find out my company because my company is not a very small company and looks decent from top serface.

    If number of hours worked and the agreed rate matches for that months salary slip then you have no way to prove that deduction is for GC processing - The company even can claim you have 'purchased' the holidays for the upcoming vacation. So, the way I see it - you need to generate the document to collect GC amount from your employer. (1) send out an email mentioning the amount and ask them to reimburse it (2) submit an expense reimbursement statement with your salary slips. During 1 and 2 - if your company says (by accident) they will not reimburse the amount then that's your proof.



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  • prinive
    03-27 12:26 PM
    Thanks Buddy...

    Any one else ...

    I am celebrating the good news from IV by pledging $100 to IV. Any one care to up the ante on this?

    My Receipt ID: 54118296K6578915K





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  • ashiqman
    06-24 03:04 PM
    I work for a very small start-up American firm. The company has been in business since 1 year. Even I have been with the company (full-time) for approximately the same amount of time. Unfortunately, the company has not been able to make any revenues in this 1 year. I am planning to visit India in May and if I do, I will have to get my H1 restamped, since my old visa has expired. In this forum, I have seen some instances of rejection/hold on H1B stamping. Taking that into account and given the situation of my company (although genuine and still having enough funds to run), is it worth taking the risk? I will be appearing for an interview in Mumbai. Any info in this regard will be really helpful to me. Thanks in advance.



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  • dilbert_cal
    09-26 06:15 PM
    this is good stuff. hopefully they have more of these noids so that people can stop this insanity with switching categories, priority dates, labor substitution and exploiting the system.

    Cool down yabadaba. No need to generalise stuff.

    There are cases where people who are qualified to be in EB2 were put in EB3 for xyz reasons. To assume that everyone who does a category switch or PD switch or labor substitution is exploiting the system is an incorrect assumption.

    OP feels he is in bad shape - the least you can do is to be a nice person and either ignore his post or to give him moral support at the least.

    Regarding what my views are about what has pissed you off so much, well, this is not the right thread to talk about it - so I'll keep it to myself.

    OP - If you can provide more details about your case, it will be helpful.





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  • syedajmal
    07-11 08:08 AM
    I have been in the same situation where I had switched from a H1 to H4 and when I got a job the lawyer just applied for the H1 as it was counted. ( I really believed I needed a new one) . I got it approved. So she is fine with just a transfer.



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  • DDash
    10-27 10:18 PM
    Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.



    Why do you wish that Sun should rise in the west??? :eek:





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  • TwinkleM
    06-25 11:50 PM
    Thank You Ms. Sen.

    Could you please suggest some other ways to take care of the 3 years pending I-140. i know premium process is one way to go for it & make INS pick the case. But is there any other way?

    Thanx in advance



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  • kedrex
    01-14 11:29 AM
    kedrex: How do you say your case is current...Your profile says Jan 06 EB2....the VB is stating Jan 22, 2005

    I filed another 485 which was family based and is current now.... I had to withdraw my employment based 485 because one cannot have 2 485s at the same time.

    Thanks again to everyone for the suggestions.





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  • bp333
    11-05 02:18 PM
    Just voted, thank you for sharing. I'll spread the word..



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  • looivy
    11-21 12:28 AM
    Experts, which is a better location for TCN H1 stamping? Nogales or Ciudad Juarez.

    I plan to visit one of these for H1 stamping. Any guidelines you can provide would be very helpful.

    Also, I am getting Nogales at 8 AM but I also need to get a check made from Banamex. Is there a BANAMEX in US that makes the visa check?

    Thanks.





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  • Leo07
    11-14 09:41 PM
    All the thoughts...and suggestions in the heat of the moment is fine....but let'sa ll stick to the same passion and participate in IV efforts with the same enthusiasm.



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  • uma77
    10-17 03:04 PM
    Guys,

    excuse my ignorance, where (link to the website) can i look up these codes? Thank you in advance.





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  • whiteStallion
    07-16 05:07 PM
    i don't see july processing times...it still shows june times.

    Me too...it was posted 15th of June... This is not the July one :p



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  • umangini
    04-13 10:41 PM
    The law does not applicable to child born in USA. If child born in USA then the cross chargeable for child is applicable to the parents birth country. I am still searching for more information. I will post more information as I will find out.





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  • lostinbeta
    10-21 02:03 AM
    True.... but I don't have a camera to practice on :P

    Not even a digital one :(


    Oh well... I will get over it..

    Have fun on your camping trip =) :beam:





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  • paskal
    11-10 06:32 PM
    to everyone willing to contribute to the efforts
    please hold on, i will get back to you once the structure of the new work groups is finalized. remember to complete your profile!





    cheg
    07-18 02:07 AM
    Thanks! This will be very useful. I hope it's accurate. :D
    http://www..com/





    kirupa
    01-21 11:19 PM
    I will go ahead and host them! Just give me a few hours...or days! :P

    I was planning on hosting the entries for the final poll.



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