Monday, June 13, 2011

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  • rajsoni
    05-06 09:18 AM
    HI,

    Yes, there is no labor substitution.
    My case has been filed in July 2007.




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  • hpandey
    04-30 01:36 PM
    So, does that mean i can use AC 21 ? What problems if any should i expect in ac21 transfer ?

    Yes if you transfer your H1 to move to the other employer ( instead of using EAD ) then you remain in H-status and your wife's H4 status also remains valid.

    But always consult a lawyer before taking any step because I have heard conflicting opinions before.




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  • prince_waiting
    04-11 02:39 PM
    Following conditions doesnt warrant a transit visa for Indian citizens:

    *you don,t need a transit visa if you have one of the following * *US* * residence permits:*

    * I-551 Permanent Resident Card (2 or 10 years validity)/ I-551
    Alien Registration Receipt Card (2 or 10 years or unlimited validity)
    * I-327 Reentry Document (2 years validity, issued to I-551 holders)
    * Resident Alien Card (2 or 10 years validity, only sufficient if
    the stay abroad does not exceed 1 year)
    * Permit to Reenter (2 years validity, only sufficient if the stay
    abroad does not exceed 2 years)
    * Valid Temporary Residence Stamp (1 year validity)
    * A valid visa or resident permit for the U.S
    * Advance parole
    * Approval notice




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  • iptel
    10-17 01:28 PM
    Hi All,

    I have got fingerprint notice and appointment is after 3 weeks in Charlotte NC. I will not be available on that day and do not want to postpone the appointment.

    I would like to prepone the appointment and I tried to find Charlotte USCIS local phone number but could not find anywhere. The only number is general 800 number and that was of no use.

    Does anyone have any experience with Charlotte office? Can I just go there and will they do fingerprint any day before actual appointment? Charlotte is around 4 hours drive. It will be painful to drive there and find that they don't do fingerprint before appointment day. What day is normally good if I want to take the chance? Have anyone actually called them and prepone the appointment? What is the local office phone number?

    These are two many questions. But all are related. Sorry for being so long and thanks in advance for your response...

    rangeela....

    I from California so no idea about Charlotte office.

    Notice of Action that you received tells you things to be done in case you want to change your biometric appointment. Though I am not sure but vaguely remember you have to contact USCIS directly if you want the change. Hope this helps
    Good Luck



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  • josecuervo
    08-11 03:38 PM
    Guys,

    I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.

    Congratulations on your GC




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  • invincibleasian
    02-05 02:39 PM
    This is NOT labor substitution - but another proposed rule that would invalidate any labor certs taht were not followed up with a I-140 within 45 days.

    Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?
    this rule is part of the labor substitutuion elimination rule which limits lc to 45 days life.



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  • GCInThisLife
    07-18 05:44 PM
    thanks for posting.. may be junior members do not have permission to post attachments..:)

    Yeah received it. Posting shortly. Could you please remove my id from ur follow up post. Just want to avoid future junk mails :)




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  • kondur_007
    09-15 11:17 AM
    Hello,

    My wife got her H1B approved last year and her start date was 10/01/07. She started working towards the end of Nov. She did not get any paychecks for 2007 before Dec 31st and started getting paid only in 2008. So she did not receive a W2 for 2007. I am about to file my tax for 2007 (had filed an extension) and would like to know the following.

    1: I assume this should not impact me from filing a joint return. Am I right ?

    2: Would I qualify for the stimulus check for $1200 since both of us were employed in 2007 ? Since she did not get a W2, I was not sure if I would get only $600.

    3: Both of us have filed for I-485 and our applications are pending approval. Would there be any problem with her I-485 in the future (like any query) since in 2007, her status was converted to H1B (from H4) and she did not get a W2 ? I am being told USCIS does a complete background check on the applicant with respect to each status he/she has had.

    Thanks in advance.

    First of all, do not confuse tax filing and immigration! These two are totally different ball games.

    As far as tax filing goes, here is what i can tell (to the best of my knowledge):

    1. Yes, you can file joint return. But for the purpose of the tax return, your wife will be considered "not working"; as she did not get W2 for 2007. (unless you have any other forms to show the income; e.g. 1099MISC etc).

    2. Stimulus payment: I am not sure exactly how much you will get; just check with the tax-preparer (or the software, most softwares will tell you). But even for this purpose, your wife will be considered "not working" as she does not have any income to show.

    3. Now your third question is related to immigration. Here is what I have to say:
    Your wife was "out of status" during the time period that she was on H1 status but not being paid. While you are on H1 status, you are supposed to work for the sponsoring employer and employer is supposed to pay you the salary mentioned on the LCA. If both these conditions are not met, you are "out of status" (but still legally present in US).
    Under section 245(K) USCIS will "forgive" upto 180 days of being "out of status"; so those days during which your wife did not get paid will count towards those days. Make sure that she did get paid full salary as mentioned on LCA from January 1 onwards; otherwise she will accure those days towards 180 days limit.
    What can be done for this? three ways to straigten this up:

    1. go outside US and return back with a new H1 visa stamp (those 180 days count from the day of latest legal entry); this wipes off all the days accured towards 245(k); risk is: what if the visa stamp is denied- because she was out of status.

    2. File a complaint against the employer; it is employer's responsibility to pay her. This will sort of work towards your advantage if something comes up in future. (showing that you did all you could to not have this happen).

    3. if total days that she was not paid or paid less than LCA is 180 days or less; you may decide to do "nothing" as you will be protected by 245 (k) and make sure not to accure any more days.

    Good Luck.



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  • pbojja
    08-15 01:18 PM
    USCIS does not know what they are doing and what the process is ..I m surprised they give information to your lawyer ...




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  • punjabi
    01-13 03:21 PM
    Multiple PERM applications can be filed if the employers are different.


    I am planning on filing a new PERM as a prospective employee of a consulting firm and also have a PERM filed simultaneously from my current employer..
    Has anybody had any experience with this kind of situation, Are there any complications? would this be feasible...pls suggest...
    Thanks...



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  • Rinsha
    04-03 11:33 PM
    Works just fine for me
    I'm on a Mac, perhaps that's why I can't see it. It's very strange though. I used to be able to load the DOS site without any problem.




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  • raminmd
    08-14 06:04 PM
    Hi guys, thanks for the replies...that is a touch reassuring

    I spoke to my lawyer. She said she was re-sending the app in today with a cover letter explaining the wrongful rejections. She said that if they still reject it, she will go through the liaison and try to get them to accept it. Is this standard procedure?

    Secondly, on a different note, I am not sure who did it or why, someone gave me a red dot.



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  • teachamerica07
    08-01 06:04 PM
    Will it work if the parole stamp on I 94 has expired ?
    Should the stamp be kept valid by travelling out of the country and reentering on AP every year ?
    Thanks for your input .




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  • laksmi
    07-03 03:29 PM
    you can go to any consulate in india to get you visa stamped, regarding PIMS verification no idea in india if you can verify before you go for stamping.



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  • starscream
    04-21 06:28 PM
    Sid,

    I am sorry to hear about this.
    - What was the RFE about?
    - Are you employed by a consultant or employed full-time at a company's location?
    - Did your employer have any profit isseus / layoffs reecently?
    - Is your employer TARP funded?
    - Do you have your EAD?

    I think you might be able to appeal and file from a new sponsor at the same time because I have heard that a individual can have more than 2 H1Bs at a time. But please confirm with a lawyer. Wish you all the best.





    Hi Everybody

    My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal

    My company said there are 2 options

    1) file an appeal. they are pretty confident that the appeal will be in my favor

    2) have another company file a new h1.

    what do you guys suggest? Can i do both simultaneously?

    Help will be greatly appreciated. I have never had visa issues till now.

    thanks in advance




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  • rkat
    02-07 03:47 PM
    Thanks again for all answers - Another Q that i had is - i am applying for a extension of my H1 Visa. My current validity is till June 2008. My 6 years will be completed in August 2009. I have a approved I-140!

    My Q is - can i apply for a 3 year extension right now based on my 140 approval.? That is - can i extend H1 from July 2008 till June 2011..?? OR do i have to wait to complete all 6 years till i can use the benefit of the 140 approval for H1 extension?

    Thank you!



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  • hariswaminathan
    11-20 04:06 PM
    1) No.
    2) Other then an Emergency you can't expedite.
    3) If you are currently on H1, then she can enter on H4.
    4) Same answer as above. You can enter on AP, and if you continue to maintain H1 status, then she can enter on H4.


    1) You CAN use the AP that is approved while you are out. However someone needs to courier the document to you before you can enter with it. I am doing the same thing with my Law Firm. You do not need the AP in hand to leave the US.




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  • kshitijnt
    05-11 03:20 AM
    Dont worry. As long as you have last 3 months paystubs, always present them to INS even if they dont ask for it. For your last 2.5 months of bench check with your employer if he will give you a letter for unpaid leave of absence. Many people on H1 face this problem.

    As meridiani said, you should visit india once before filing 485 and before your current visa stamp expires.




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  • glus
    07-22 04:50 PM
    If you go to this site: http://www..com/usa-immigration-trackers/i485-tracker1/

    you will see that people that got USCIS I485 receipts, are those whose forms reached USCIS on Jun 25th. That would mean that as of last week USCIS was entering in the cases that came in in the end of Jun. They are not doing July filers yet....
    My best bet is that they will begin doing July filers in the middle of next week (7/25) or even later and we will start seeing checks cleared by that date....




    japs19
    02-20 05:19 PM
    As I got 3 years ext. I am a bit relaxed about re-starting my GC process with new employer. Why rush, with the retro, it won't get me GC any sooner anyways so I plan to taste the water before I take the obligation of GC sponsorship from new employer.




    nhfirefighter13
    October 25th, 2004, 10:00 PM
    I have a really hard time focusing on the fence in the first two. I would pick three as my favorite but only with a slight lead over four. I actually like the grean in four as it adds a nice variation is color...but I don't like the ceramic thingy.

    Nice texture in all of them though.



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