Friday, June 10, 2011

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  • anilsal
    11-26 05:28 PM
    Regarding surrendering I-94 upon departure, it has happened that the airline agent forgets to take it out.

    On your return it is removed and a fresh one is given at port of entry (no questions asked).





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  • chanduv23
    07-10 01:20 PM
    It appears to me that we should file all I-485 applications in July. Even if the advantage is illusory or marginal, it may be a good idea to file. If your application is ready to go, it should be filed. Regards. Rajiv.





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  • vvpandya
    11-06 01:55 PM
    I had a LUD on 10/18 and then today the online status says Document mailed to applicant..hope that is it...my recvd date is 7/2 and recpt date is 9/11





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  • asanghi
    07-17 06:44 PM
    Excellent. I am new in this cage..but I am proud to be here. I will definetly donate generously for 4 core for future lobbying. Also I would think..we need 2 avoid anti-immigration media such as CNN etc. I saw WSJ, Business Week, CNBC(Brian William news at 6.30), CNBC Maria, Washington post, New york time and some other local news paper helping us with covergae on this issue. We shouldn't be helping Lou dobb's kind of guys to boost his ratings. I decided to stay away from that chap!! and CNN. I know many of my friends regulary watch CNN and I advised everyone to switch to other channel..what u guys think. Once again congts all.. sleep well and enjoy..

    Yes Shawine, you are right. In fact irrespective of IV's belief that likes of Lou Dobbs' can be ignored, I believe that they actually do significant damage in terms of swaying Americans away from our cause. I think it is essential to counter their agenda.

    In fact am currently trying to find out how to set up an H1B fact check database wiki. Does someone know how to set up a free wiki?



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  • rani77
    02-06 12:03 PM
    Hi Friends - I work at a university and have been with them for 4 years. My boss plans on giving my a 10-12% mid-year pay increase. But our HR says that H1 workers are not eligible for mid-year pay hikes..?? IS THAT TRUE.?

    Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.

    Can somebody please help!

    Thanks in advace.!

    What your HR seems to suggest it is not logical,USCIS erstwhile INS do not dicate HR polices.This seems more like your univertisty's supposed HR policy or HR peron not literate about the immgration rules and regulation. As many have suggested i have not come across any instance what you mentioned. My spouse is on h1 with a very big company and he has been getting hikes every year in acceptable ranges what was menioned in his offer letter. Some are in mid year based on performance of the tasks he carried out succesfully.





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  • sunnymit
    08-10 03:42 PM
    You are right that to get registered in US I would have to marry in US. That's why I was asking if I even need to get it registered in US to file for my green card. Response I got on this forum was Indian registration certificate is fine.

    I want to restate that I got my green card on August 9th 2010. So I need to be married prior to this date for my wife to derive her green card status using mine.

    Thanks,
    Dinesh

    I think you will be fine as long as the marriage happened before your 485 got approved - which in your case is true. However, IMO since your wife is not here in US right now, you will need to do file her AOS via consular processing...



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  • Blog Feeds
    08-08 09:30 AM
    These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.

    The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)

    In the past week or so many LCA cases came back with denial notices. The notices had the following language:

    Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.




    More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)





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  • glus
    10-15 11:16 AM
    There is nothing illegal about working part-time using EAD while working full-time on H1B. It has nothing to do with last entry into US. In fact, EAD has nothing to do with entering US. To enter US, you need either a valid visa or valid AP. IO won't even ask you about your EAD.

    EAD and H1B are mutually exclusive. If you are maintaining proper H1 status (ie, have a valid H1 status and working full-time for the job for which you have H1), it is completely legal to do flip burgers or drive cabs using EAD to supplement your income. It does not affect H1 status. I have confirmed this with multiple attorneys on multiple occasions.


    The above is 100% correct. The immigration law does not "invalidate" H1 status if one uses EAD to work P/T or second job if All the H1 requirements are met and the person continues to work for H-1 sponsor at the same time. Then, one is still in H-1 valid status. If one leaves H1 employer or switches to a different employer LEAVING the original H1B employer by using EAD, then one is no longer in H-1 status.



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  • Canadian_Dream
    07-25 02:02 PM
    IMO: That's the best option to pursue in this situation. Make sure you clearly mention in both I-140/I-485 applications that you have a pending I-140/I-485 (with Receipt Numbers etc). Also send a small write-up along with all the applications explaining the situation and reason for the second filing.

    I would file a separate I-485 and I-140 for this other LC. Experts, what say?





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  • msyedy
    12-13 12:45 PM
    GCAMIGO was scaring him.. that is why he replied that If you do not know then dont answer



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  • YesWeWillGet
    09-09 10:55 AM
    Hello All,

    I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.

    I would really appreciate your feedback / inputs on this regard.

    Thank you,





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  • iv_newbie_2007
    06-16 07:16 PM
    I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.

    What will be my status till Oct 1st from the day my H1 is approved?

    Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?

    What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?

    What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?

    What will happen if I get my I20 before I apply for EAD or before my H1 is approved?

    Please help me out.

    Thanks



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  • katewill
    08-18 01:51 PM
    maybe traditional 140 go back in line? likewise how PERM caused BEC?





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  • MrWaitingGC
    12-13 12:51 PM
    All that matters for the french is your stamping, if your passport stamping is valid(even if you are not on that visa anymore), you dont need. If your stamping expired, you need a transit visa, and you need to go in person for the french transit visa, which is not needed for german and british transit visa.


    Recently my parents went back to India via Fankfurt in Lufthansa.
    There they asked is your visa expired if so you should have transit visa.
    Since my parents had valid visa it was ok.



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  • gcseeker2002
    07-14 01:08 PM
    Can someone confirm the same for BA via London?

    London requires all travellers without valid visa stamping to have transit visa, hundreds of threads out there that discuss this.





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  • intheyan
    08-13 09:05 PM
    I should those got the CARD PRODUCTION ORDER without name check are lucky and that are only few cases. Most of the cases are stuck with name check even though the PD is current and the RD rule applicable.



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  • vikramy
    07-10 02:14 PM
    This is a client. My company gave a letter from immigration department saying EAD is a valid document to work. But their security team is just adamant saying they need valid visa & I94. So What helps me is some thing that says EAD is valid for legal employment or it is not legal to descriminate based on the status.

    I even have valid drivers licence etc. still they don't see it as valid.

    I 9 form does have i 766 as valid entry.





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  • ajay
    08-16 08:41 PM
    What are the supporting docs along with AP? I will be travelling by Emirates via Dubai in Novemeber.

    TIA
    The AP should be accompanied by employer's letter that proves your support,i .e.It is a simple letter which states that the employer supports your I485.

    Please also carry few recent paystubs and copies of all h1,if they are not stamped in the passport. This was asked at POE in IAD(Washington Dulles International Airport).





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  • smodekurti
    05-19 11:32 PM
    mrane1,
    Did you get back the documents from USCIS ? I too have done similar mistake sending the applications 2 days in advance. Not sure when would I get the application back.





    chanduv23
    09-17 06:58 AM
    ^^^^^^^^^^^^^^^^^^^





    mmk123
    02-20 05:50 PM
    There are 2 kinds of people in the world -

    one who think that others (other people or government) is responsible for their current state and others are the ones who are willing to introspect, make appropriate changes and then succeed. Even a dumb (read "") can figure where they belong to.

    An itchy dog needs to get himself rubbed against all possible objects so as to keep that itch in control. These websites are such places where these people go to satisfy their itch. Even the owners of these itchy dogs desert them (read "their god-father politicians") when they start doing this. Do you think, people like us, who are busy with their daily interesting work, family have time to look at them?

    Look, the option is with us which is NOT to look at these stupid websites. None is forcing you to see these websites. So no point in complaining about them. First amendment rights for stupid is like a cigar in the hand of drunk monkey in california jungles (and we keep searching where these wild fires come from?).. so better neglect them and focus on our goal.

    We are surely going to reach our goal, no matter what these stupid people say... if you think hard then you will realize then the life's goal is much beyond simply getting EB GC...



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