Friday, July 1, 2011

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  • speddi
    02-23 02:57 PM
    One of my friend is in the same situation and he has been told by his lawyer that he can get his part-time concurrent H1 Extn for 3 years based on fulltime concurrent H1 approved I-140.

    He is going to apply the same soon.

    Good Luck!

    Thank you very much for the quick response. Do you think I can talk to your friend for further details?





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  • rrarunan
    11-17 10:09 PM
    Hi Everyone

    Just wondering if anyone in the forum can help me with this question.

    My original EAD applied for in June 12, 2010 was approved on Sep 2, 2010. But, the document was lost in mail and after 90 days I was instructed by USCIS to reapply.

    And, I did reapply on Oct 12, 2010 and the case is pending on initial review although I received the I-797 Notice of Action 'Replacement Receipt' on Oct 15, 2010.

    According to the I-9 Receipt rule, I can start work for a period of 90 days using the 'replacement receipt' which is just a similar receipt for an I-765 application but for a replacement EAD (lost in mail). This is in the I-9 handbook in the uscis.gov site.

    My question is:
    According to the 90 day unemployment rule starting April 8, 2008, if we start employment using the I-9 receipt rule, do the days of unemployment still count against the aggregate of 90 days allowed after the OPT start date ?( which in my case is Sep 20, 2010.. I presume because this is the date I had provided on the approved original EAD application which was approved on Sep, 2nd, 2010 and I had lost in the mail).

    So, basically in this special case where both the I-9 receipt rule & 90 day unemployment rule apply, what happens with the umemployed days accrued even if i accept employment?

    Thanks.
    Any help would be deeply appreciated.





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  • up_guy
    08-22 10:27 AM
    Well, One of the companies I worked in the past used Morganlewis's service and I heard good reviews. I dint know they attend to individual cases as well.

    up_guy, DO you happen to know if they take up individual cases?

    crazyAbtUS
    I donot think they take individual cases..My new employer uses that firm.





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  • nvrao2104
    07-01 03:17 PM
    Thanks for the nice response. I am glad that i found some direction after your reply.

    so what will happen if we apply for COS from company A L1 -> company B H1B, then in between the process i got laid off from Company A? Will the COS get approved? will able to ever work on H1b with Company B ?

    thanks,
    Nagesh



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  • komaragiri
    08-07 05:31 PM
    I have a question on the receipt number. If we get the receipt number, does it mean "The application is accepted" (All the supporting documentation and fee are coorect)?

    or

    Are there any cases where receipt numbers is issued though the supporting documentation / fee is not correct?
    If correct fee is not filed, application will be rejected.





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  • walking_dude
    12-12 01:42 PM
    According to USCIS field manual for Adjudicators (IOs who approve 485), they should use DOL O*Net Codes, to determine same or similar, while approving. This code is mentioned in your LC.



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  • wandmaker
    01-02 02:48 PM
    Why should the employer hold your salary? If you had any agreement for paying back cost of your GC processing for leaving within a certain period, that would not hold any more (since last June such agreements are illegal)

    No employer will write a direct agreement, you will have to payback the GC cost - instead they execute an agreement, employee should payback all the benefits (legal fees, service fee, tuition fee and etc)extended to him, if s/he leaves before X number of months/years - which is legal. Refer to one of the posts, http://immigrationvoice.org/forum/showpost.php?p=211373&postcount=3 , which has same opinion.

    BTW, can you post the reference that states this kind of agreement is illegal - I would like to bookmark it, if one available.





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  • willIWill
    06-08 03:00 PM
    I am bumping this poll up again so that it gets more visibility now as many folks are trying to check for VB updates.

    I believe there are a chunk of folks in option number '3' or '4'. This poll may help to understand how significant the numbers are. Also if anyone in that boat, add your inputs.



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  • gc4vk
    06-23 03:09 PM
    Hello ALL,

    My spouse and myself are called for 485 initial interview, have couple of questions.

    1) Do I need to take Affidavit of Support docs(form I 864), my 485 is employment based and not family based(I am the primary applicant)

    2)Do I need to take Original I 140 and Original Labor approved doc

    also please let me now if some one have been to such interviews and if there are any suggestion?

    EB3-IN,
    PD : June-1-06, NSC
    I140 approved - Jan, 2007.
    485 Filed -- Aug 2007





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  • cox
    January 12th, 2005, 02:54 AM
    The reflection in the wet sand is good & colors are nice, but I agree with Don that there is too much sky for the scale of the figure. I had to look for the silhouette, because the clouds drew my eye to the left of center. A little saturation work would probably make the colors even more appealing. Just my opinion, your mileage may vary. ;)



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  • moonrah
    07-20 11:17 PM
    Hi All,

    I have heard that alberta has terminated immigration program for H1B candidates, is it true? or It is still in progress? I am software engineer, am I eligible for that?





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  • amslonewolf
    09-23 07:46 PM
    Nothig will happen, it has just been introduced in the senate.

    Sep 18, 2008: Read twice and referred to the Committee on the Judiciary.
    Introduced on Sep 18, 2008.



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  • tcsonly
    07-21 05:01 PM
    Can you check USCIS website or call their toll-free number ?





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  • godspeed
    02-16 09:08 PM
    ok this is a little unusual, my exp so far has been the checks are almost always cashed within 3-4 days, call cust center or take infopass and follow up, if you have a lawyer then ask him to check on it.
    However i am not sure why your application reached VSC.
    We have been applying for advance parole document at NSC for the last few years.
    This time also we sent our application to NSC on 01/28/2010.

    However, after about 15 days, we received a receipt notice letter from Vermont service center and the case is now pending at VSC. Moreover, the check is not cashed yet.

    Based on the state we are living, the I-131 application instructions specify that I-140 based applications should be sent to Nebraska service center.

    I am wondering if USCIS started processing I-131 applications at VSC.
    Or our application is mistakenly misclassified and sent to VSC.

    Any comments?



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  • Pagal
    05-28 07:49 AM
    Hello,

    Not that I know ... the worst case scenario is that your green cards are physically mailed to you and then they are returned 'cause nobody was at the home (though normally, it should just sit with your other mail).

    When you reenter US, stand in the regular visitor line.... if your card is issued, the IO will know and stamp your passport w temporary green card and allow you in the US.





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  • kothuri
    10-02 03:16 PM
    I came across this article on Murthy.com and got lil nervous.

    http://www.murthy.com/news/n_hombus.html

    I am currently on H1b applied for 485, LC Cleared, I140 Cleared.
    I work for a company X but own another consulting company and I am a passive partner with a share of 49%. Another friend of mine who is also in the same boat as I am is another partner with 49% stake. My Sister who is a Green Card holder has 2% Stake and is an active partner.

    I have not taken a single penny from the company in the last 2yrs we formed the company and we file a K1 every year. Even though the company makes profits/loss we are not taking the profit nor writing off the losses from our individual taxes, However both of us (I and my friend who are passive partners) end up doing most of the work such as
    1. Signing the bank checks
    2. Signing the USCIS documents for employees who are working for our company.(for I129, etc etc)

    Does this mean that I am a clear candidate to be on INS Red alert/Radar?

    I know that an H1b holder can have a company on H1B and cannot work for that company part time/full time precisely what I have been doing since I have never taken a pay check from the company however I never thought that this could have implications on the 485 approval.

    Can some one answer my question. I guess I am more looking at some one like UnitedNations to answer.

    -Sri



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  • sk2006
    06-15 12:52 PM
    I am wondering if Anti immigrants are complaining about them too...
    Like they are taking away chance from American Citizen basketball players and if they are supressing the NBA player's wages etc etc.... :D:D





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  • desixp
    04-09 09:40 PM
    Hello,

    Yes, you can file I140 Premium Processing for a substitute labor. I have done that. Got approved in 9 days.

    Good Luck.

    DesiXP





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  • gc_kumar
    08-02 12:49 PM
    Thank you for all the messages. I will follow up with all these persons and let you know the result ..





    Big Tom
    07-05 08:34 PM
    I just found this link (http://immigrationvoice.blogspot.com/) where this topic is already covered. Mods, please remove my post (and maybe it would make sense to create threads specific to the USCIS/DOS mess up to - at the moment it does not look very organized to me and it is hard to find information. Maybe sub-threads with "law suit", "publicity" would channel comments better?)

    --------------------------------------

    I only read about an article in two online newspapers but believe this whole topic should get significantly more attention. I do not know if that is going to help to get this started but I sent an e-mail to our local TV stations and hope that some may be interested and even pick it up. Again, no idea if this is going to work but I assume that if they get more e-mails regarding the same topic, interest will come up....

    Tom


    Hi,
    With having many international operating companies in the U.S. who all employ legal alliens who are going through the "greencard process" to become legal permanent residents, the Department of State (DOS) and the U.S. Citizenship and Immigration Services (USCIS) have destroyed many plans, caused significant financial loss for applicants and very likely acted against the law. Here is an open letter from congresswoman Lofgren which explains the situation a little bit more detailed: http://lofgren.house.gov/PRArticle.aspx?NewsID=1808

    I think this would be well worth a few minuted report - everybody is talking about the pain that the illegal immigrants go through but (without taking away anything from that), the pain of legal alliens having to deal with the willful behavior of USCIS and DOS is not much better.

    If you would be interested in more information, I would be more than happy to help.

    Best regards,





    karthik204
    03-30 03:46 PM
    http://www.competeamerica.org/resource/h1b_glance/NFAP_Study.pdf



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