Monday, June 13, 2011

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  • GCard_Dream
    09-15 05:39 PM
    No one knows and that is why I said at this time of election period, it is better for them to maintain status quo than favoring legal immigrants.


    You are exactly right and that's what house is doing, keeping the status quo. As close to losing the house as repubs are, they don't want to take any chances by upsetting either pro or anti immigration group and are just keeping the status quo for the most part. They have certainly pissed off the illegal folks but I am not sure how that impacts them on Nov 7th.

    On the flip side, however, repubs might have pissed off both pro and anti immigration group by not doing anything at all about the illegal immigration. It just depends on how much people care about immigration issue and if that translates in to votes in November. They might be perceived as a do-nothing party. It is such a dividing issue for both repubs and dems that it will probably be a while before it is settled. We shall wait for that to happen. ;)





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  • pappu
    01-24 11:47 AM
    If there is going to be any more discussion on if IV should push for 485 or not push, moderators will close the threads. There has been enough discussion and arguements in the past over this and members are more than willing to give hundreds of ideas and opinions for free but only a few actually care to implement them or help IV with a mere $20. If you want to discuss it, go to other forums and discuss it and be an armchair strategist.

    If you have ideas and want to implement them, join your local chapter and get active. Contribute in the funding drive so that IV can continue to be a platform for everyone in ths struggle.





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  • shahuja
    02-05 04:06 PM
    hello all,

    i will really really appreciate your posts..

    its been 23rd day..H1B renewal..New Delhi..still waiting for PP..i got no slip ..no warning to wait ..nothing..

    But now i think its not stuck due to PIMS..it could be anything ?? some admin processing ? some security check ? some name check ??

    How do we differentiate what are our passports held up for..COULD THIS BE CALLED 221(g)..i read in forums..221g can take forever ??

    -Shahuja





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  • coolguy76
    01-03 04:50 PM
    Can someone please clarify
    i know there is always risk involved ....

    If we have EVL from any employer with exact same title/ job description in that case we can work on any title / any job description ????



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  • baladev
    05-04 09:58 AM
    Here is the link for sending email to senators

    http://senate.gov/general/contact_information/senators_cfm.cfm


    Dev





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  • glus
    12-08 10:50 AM
    I think AP can also be mailed to a person who is not in the U.S. If that's the case, you could re-apply for AP once your old expires. Please verify with an attorney.



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  • H1InTrouble
    09-18 04:05 PM
    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble





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  • sandy_anand
    01-24 10:06 AM
    Last year the annual cap was 149200, so EB1's share by 28.8% rule is 42963
    EB1 as you say received 41026.
    Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.

    This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.

    Thanks! I stand corrected.



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  • miguy
    01-11 02:27 PM
    My wife has started using her EAD so I understand that she would need to use the AP to re-enter US. But, I am still on H1 working for the same employer that is processing my greencard. Would I need to use AP to re-enter or can I re-enter on H1 ?....my lawyer suggests using AP but I've read at other places where they say you can continue to travel on H1

    confused......





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  • whiteStallion
    10-13 02:26 PM
    I got the 140 denial notice.
    The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.

    Here is the reason...

    The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.

    I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.

    Please restart your Labor again, ASAP.



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  • up_guy
    04-12 11:00 PM
    I also have the same question "Please provide information concerning your eligibility status:", what should I provide in that text box.
    Please suggest.

    when I check 2 yrs old EAD application my attorney had used (c)(0)(9)
    Is that right or it should be (c)(9) or
    it should be (c) (09)

    Please help folks





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  • USDream2Dust
    07-27 01:20 PM
    I am liking the answers. Also looks like my PD is sept 2006 and it would be a while before they approve my case. Meaning I can take off for couple of month go on vacation, come back, look for job, find a decent job and start working.

    when in far future they approve me I need a letter from my new employer stating that I am working (not from original employer right?)



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  • kaisersose
    04-16 03:11 PM
    Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?

    Thanks

    This is jut my opinion, but I would do exactly this. She should not be quitting her job. If you file an MTR quickly, then she is not really breaking any rules.

    Even if you get a 485 rejection notice, it is still OK as long as you file an MTR in a timely manner. The case status will change to "under process" and then you will be fine again as long as your lawyer takes care to extensively document your case so that an IO cannot make a mistake about your EB category again.

    In short, just keep your jobs and file an MTR ASAP with correct documentation.





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  • kaisersose
    12-07 12:19 PM
    Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)

    I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?

    I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?

    As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question

    I have my EAD for a rainy day.

    In some cases where transfers from one center to another affected the RD, the concept is gray. if you are a risk taker you can try to swing it, but I do not recommend it. Check the RD on your 485 receipt. If it is 180 days from that date you are fine.

    The only problem that can come by moving earlier is your employer may revoke your 140. There is no reason for them to do it, except out of spite (earlier they had the advantage of reusing the labor for someone else). If your relations with your employer will be smooth even after you move on, then that risk is alleviated.

    Also remember that your 140 should be approved before you invoke AC21 to avoid potential problems from that area.



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  • bestin
    12-21 08:45 PM
    NRI Investing in Stocks India:
    Wanted to know if any of you have been able to successfully Invest in Stocks/Mutual funds in Indian Market on a Repatriable basis. If so please share your experience and which brokerage you have used.

    I have tried to contact various Indian brokerages like ICICIDirect, HDFC, Kotak...All say that they do not take NRI's from USA for a Brokerage account. No idea what the reason is. Please share your experience.

    well.u could have opened a new thread.In any case here is the answer.I had opened a trading account when i was in India in 2004.I still trade late night from here .

    But in your case the better option is to have an account in your father's name provided he has a PAN.One of my friend does this.

    I use kotaksecurities and i beleive its 0.06% for intraday and 0.6% for delivery.





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  • green_card_curious
    03-08 01:04 PM
    Thanks Hopefulgc. What is AFAIK?



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  • tnite
    10-15 02:02 PM
    Sorry Gurus, Couldn't figure out how to start a new thread. So posting here,

    My spouse is on H4, Now she wants to use EAD and work.She wants to work part time, She has found a job as well, but the employer is sayng she can do parttime only for few months, after that she has to do full time or find a job somewhere else. Now if she cannot find another parttime job after few months, and has to stop working , will it affect her status?

    Thankx in advance.

    Once she goes from H4 to AOS(using EAD), it doesnt matter .she can work partime, FT or not work at all.





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  • starving_dog
    10-02 01:06 PM
    When I was H1-B, I never surrendered my I-94 and kept re-using my original. I crossed the border at least 25 times without any problem.





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  • TomPlate
    12-12 03:56 PM
    I am there file in July 2007.





    greeku_veerudu
    06-27 04:25 PM
    Simple solution to your problem is to hire a CEO to run your business. Appoint a CEO a week before her EAD is expiring if she does not get her EAD by that time. You can pay a minimum salary, say $500 a month to run a company. Mind you, technically, she has to give all powers to the CEO including check writing powers. So the person you are hiring should be trustworthy. If she doesn't have EAD, she can not work for the company, not even sign a check or receive a phone call on behalf of the company. She can not even hire a CEO once her EAD expires. So it is important to appoint one while her EAD is valid. She can have this arrangement until she gets her EAD.





    kaisersose
    11-15 05:34 PM
    No Sir..Management is also included in 15-1031.00 - Computer Software Engineers, Applications. Here is quote from O*Net

    "Supervise the work of programmers, technologists and technicians and other engineering and scientific personnel."

    Link: http://online.onetcenter.org/link/summary/15-1031.00

    Nope...this supervision is in the capacity of a senior engineer/technical resource. Once the word manager appears in the role it falls into the manager basket which I believe is is code 11.* It will probably never occur to the IO to consider job code 11 for a manager.

    Perhaps there are some bold risk-takers out there willing to take chances and claim to be in code 15 although they have manager profiles, but I am not one of them.



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