Sunday, June 19, 2011

hobbes tiger

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  • pt326bc
    09-23 09:19 AM
    Man why you need reciepts?

    For most purposes of contact with USCIS you don't need the original receipts.
    The only exception is the time when you travel if your AP is pending. You would need to have a valid visa stamp (H1/H4/L1 or whatever) and the ORIGINAL receipt notice.
    As far as the lawyer saying that the original receipt notice being property of the employer; that would only happen if the lawyer is on the payroll of your employer and the employer is paying for the whole process.

    If you have an independent lawyer and you are paying him, the AOS/EAD/AP notices are your property (if you can use that term).

    I think legally the employer might refuse to give you the original notice for H1B or LCA or maybe I 140 but you can always get them using FIFO.

    Of course you would have to insist on the original H1B notice if you are going for visa stamping though.

    Again this is not legal advice, just my 2 cents as I am not a lawyer.

    Regards.




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  • katewill
    08-24 01:20 PM
    180K per BEC and 2 of them so 360K cases overall.
    hello days go by,
    kinda new here.
    is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?

    overheard most are EB2/3 cases and not many 245i cases.




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  • dngoyal
    07-27 02:12 PM
    I have a question, my attorney says that he has filed the application on 2nd July without my signature.
    I have not given any authorization also.
    I am worried if it is valid or not.

    I don't know if they take authorization from my employer or it should be from me.
    Please suggest.




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  • senthil
    08-08 09:05 AM
    roseball, agree. got same resp from my attorney while filing AOS for my wife

    1) employment letter ( just sent original & copies too )
    2) I-134 ( convinced that they will need this even for H4 dependent )
    3) did not ask for W2's or pay stubs
    4) of course original medicals in closed envelope
    5) all previous H4 approvals + I94's and color photocopy of entire passport
    6) photos and required cheque's

    hope mrdelhiite is all set ?



    Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......



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  • gveerab
    02-23 01:18 AM
    Hey Guys,
    I am not sure about the status in 2009, but till the end of year 2008 I didn't face any problems. I used to travel at least once in a quarter to over seas during 2006,2007,2008 and almost all the times my POE is SFO. I never faced any problem, in fact entry in through SFO is like a automated process at vending machine or grocery store . Submit the form, copy of H1B and then give finger prints and smile for photo(if you have energy after long hours flight). Only question they used to ask is "are you bring any food items?"

    One thing I observed is, if you confuse IOs by trying to give more information or giving more documents etc, you will be creating problems . Always I used to answer YES for the question "are you bringing any food?". Some IOs questioned about that and didn't bother to ask H1B related questions. This trick has been worked so far for me. I have all the documents and didn't have any problem with status, job etc. But still why you want to discuss more about those and create problems for yourself.

    I heard one guy gave his AP document with H1B visa and requested the IO to consider only H1B. In this case IO didn't accept the H1B, as IO thought this guy has more advanced visa(in this case AP). These are the things we should be very careful, if you want to use your H1B, don't even talk about or show AP or any other documents.

    Thanks,
    Veera




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  • ebizash
    09-28 10:38 AM
    On a side note, what do you guys suggest to use for trading for someone like me who does it occasionally and very low volume both in terms of quantity and $. Currently I use share builder... is there anything cheaper and better than this.

    Try Zecco. I was also using ShareBuilder but some of their fees are ridiculous like charging % on total trade if no. of stocks traded in an order is more than 1000. On the other hand, Zecco charges flat $4.50 no matter how big the trade is.

    PM me if you need more info about Zecco.



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  • sparky_jones
    02-03 12:36 PM
    My lawyer advises that there's no point in sending information to USCIS unless they ask for it, or is required by law or regulations. The chances of such unsolicited information making it to your files, or being acted upon are slim to none. If you wish, you could send the AC21 information on your own. Retaining a lawyer to send this information, and paying them a few hundred bucks to do so is sheer waste of money, in my opinion. There's no guarantee that it will avoid an RFE. USCIS does not have the time or resources to process unsolicited information. You should hire a lawyer (and have them submit a G-28) if you wish to transfer your representation to a new lawyer, and tell them that they are being retained to respond to RFEs and such. This "AC21 letter" thing is something that lawyers have come up with...its not necessary, and even if it is, you can do it yourself...all you need is an employment verification letter from your new employer.




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  • ab2k7
    07-17 04:28 AM
    Thanks desi3933,

    The article here from Murthy specifies the solution in a different way and doesn't mention the need of filing LC or 140 again if the LC was properly filed as roving employee. Will have to confirm with attorney. Hope this would help ppl in similar situations.

    http://www.murthy.com/news/n_svcupd.html
    I-485 Filing for Roving Employees
    �MurthyDotCom
    The USCIS indicated that, if a roving employee's I-140 petition is filed with Service Center A where the company is headquartered, but the employee moves to Service Center B's jurisdiction before the I-485 is filed, the employee may file the I-485 with either Service Center A or Service Center B. The USCIS also noted, however, that if the I-140 petition is filed at Service Center A, and then the I-485 is filed with Service Center B, the I-485 must be held until the I-140 is adjudicated. It is not clear if this means no action will be taken or if it simply cannot be approved until the I-140 petition is adjudicated. Roving employees are those who do not have fixed work sites, but can be moved from location to location, depending upon the needs of the employer. This is common with IT contractors. The safer approach would be to file the I-140 petition and the I-485 application in the same Service Center to avoid additional delays or the need to transfer the file from one Service Center to another.

    In this instance when ever a consultant or "roving employee" moves to another city/state an LCA amendment is to be filed to accomodate USCIS rules. Whether this would have any adverse effect on LC/140/485 as far as refiling/ RFEs later is still not clear. I'll keep looking around for more credible info regarding the same. Pls point out of you guys know of any.

    Thanks again in advance.



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  • edaltsis
    09-18 03:04 PM
    As per the rule: Once you start working in a full time capacity for another company (other than your current H1B employer) will mean that your H1B is no more active. Something happens to your I-140 and then you are screwed (Remember that you cannot get back to H1B status after you started using EAD with a company other than your current H1B employer). So, be careful before you use your EAD until your I-140 is approved and 6 months of I-485 filing (I assume you completed the 180 day rule).




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  • jthomas
    04-22 01:30 PM
    1. Its illegal for you to pay money for H1B. (you can contact DOL for that, your employer won't be able to hire H1B's).
    2. Please don't ask illegal suggestions here. this is a forumn for Highly skilled legal immigrants. you can find your answers from your lawyers.
    3. Its not worth applying for H1B if you are in India, this year the quota did not get filled within a day. India is going much better than US during this recession.

    Thanks
    Jthomas

    Hi, This is my first post here and I need some guidance regarding new-H1 under FY2010 quota.

    --One of my friend told me about this company in Chicago who is doing H-1s and apparently the quota is not over yet. I am in India and

    --Is it advisable to get my H01 filed at this time?
    --What if the USCIS asks client letters? They said, the company will take care of it at that time if that happens -- is that even legal to say that?
    --What is the probably the CAP will be met by that time they file my H-1 in the next 2 weeks? And am not sure if the attorney returns the money in that case.

    Please suggest. Thanks



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  • hopein07
    02-09 10:26 AM
    http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms

    Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.

    We must try Gandhian approach of appealing to their innate sense of justice.

    Only President bush can do something if somehow he can be convinced.

    MIXED OUTCOME, WIN ONE PART, LOSE OTHER PART:

    From NDTV : http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070032358&ch=11/9/2007%209:16:00%20PM

    Indian doctors on HSMP visas wishing to train or work in Britain won a major court ruling in their favour on Friday.

    Judges have decided that employers will now have to treat Indian doctors on par with doctors from Europe.

    The court case revolved around a challenge to a health ministry guidance that would have compelled prospective employers such as hospitals to discriminate against non-European candidates, first by establishing that their skills were not found in Europe and then, if selected, to apply for work permits for them.

    However, in a unanimous ruling, three judges of the Appeals Court called the ministry guidance ''illegal'', sparking instant celebrations among campaigners of the British Association of Physicians of Indian Origin (BAPIO) on Diwali day.

    ''This is a great ruling. We are absolutely ecstatic, and feel exuberant,'' BAPIO's Dr Sheethal Mathew said.

    ''Our doctors from India, Pakistan or Sri Lanka will now be able to compete with European doctors on an equal footing. Employers cannot discriminate against us now,'' he said.

    The ruling is expected to immediately benefit some 10-15,000 doctors of South Asian origin, who are living in Britain and have been eagerly awaiting the outcome of the case.

    However, the campaigners lost a second challenge - against the British government's abrupt changes to the Highly Skilled Migrant Programme (HSMP) last year. BAPIO challenged the changes on the grounds that their members were not consulted.

    But Mathew said BAPIO will not take any further legal action.

    ''About 5,000 doctors were affected by the changes, and they have left already because they knew they had no choice.''

    The British government introduced the HSMP scheme in 2002, offering workers such as accountants, doctors and scientists the right to settle down and work in Britain. Some 49,000 people took up the offer.

    But the changes ostensibly to guard against 'abuse' of the system meant that those who had already come in on HSMP visas were faced with sudden restrictions in the job market.

    Their employers would have to prove that the qualifications and skills that these candidates possessed were not available among European and British candidates. And if these non-Europeans were hired, the employers would have to apply for work permits.

    Anthony Robinson, a solicitor for BAPIO said: ''As is widely acknowledged, the NHS has for many years relied upon the contribution of doctors from overseas, and in particular the Indian sub-continent, in order to provide a quality service in times of shortage of British doctors.

    ''Now that more British graduates are coming through, the Department of Health is trying to get round the rights of HSMP doctors who have already made Britain their home because it failed to plan ahead,''he added.

    The next round of hiring by the state-sector National Health Service (NHS) is expected in January-February, 2008.




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  • anai
    07-19 08:03 AM
    If you are sponsoring your spouse, you need to submit an affidavit of support. It is I-134. This forms needs for you to submit bank statements, tax returns etc. with it.


    This is incorrect.

    The easiest way to address such questions is to take a few minutes to read the instructions to the form I-485 (which is available on the USCIS website at http://www.uscis.gov/files/form/i-485.pdf). An affidavit of support is needed in the EB context, only if the applicant's family owns 5% percent or more of the sponsoring employer.

    Sending tax forms, W-2, bank statements, etc. is part of the overdocumentation approach. But note that these are not required.

    This question has been asked and answered many times. So please (a) search the forums before opening new threads and (b) read the instructions to the form.

    Also, if any of the answers on this thread were useful, consider contributing to IV.



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  • mallu
    02-17 03:40 AM
    There's nothing new in that website. EB-2 India for entire FY is GONE.. FINIS.. KHATAM... KHALLAS.
    ....
    That forum posting by Attorney says " ...Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

    In April, India and China EB2 will be set at 12/01/2003
    ...

    So ?




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  • gc_bulgaria
    02-12 02:47 PM
    I would think Cross-Charegeability is automatic. I mean if one spouse is birth country India/China and one is ROW, I would think cross charegeability is automatic but then again not a 100% sure.

    Oh no - Its not automatic. You would think there would be a better way than write on cover sheet in BOLD but even though its in their own law, it is not easy to get it applied (especially with TSC).



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  • yodamom
    August 27th, 2004, 08:08 AM
    I agree with Anders - I want my phone and my camera to be separate. Picking up my phone to take a pic makes about as much sense to me as picking up my camera to call someone.




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  • belmontboy
    02-26 05:37 PM
    Original LCA salary is like 58k and current one is 40k

    40K??? you kidding right?
    You probably would earn more if you are working at Walmart. See if you can transfer your H1B to Walmart



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  • topman123
    06-21 02:33 AM
    Not sure why this is getting rejected...




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  • Ramba
    12-23 04:11 PM
    If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?


    No you cant do that. One should not leave country when 485 pending. Once you laid off from sponsor you can not do counsural processing also. Travelling in AP should be for a mimimum period. It will be big mistake, if you leave country without job offer. No one knows when they issue RFE for employment verification during your 485 pending period. If you do not have job when they issue RFE, thats it. Bottomline is, it is better to be employed during 485 pending and stay in the country to reply any RFE.




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  • ibbu_arif
    11-17 05:21 PM
    Thanks "LostinGCProcess" { I apologize to call you by your userID :) }

    This give me confidence to travel even if I don't get my AP approved.

    I actually posted one more post asking my concerns about multiple security checks
    http://immigrationvoice.org/forum/showthread.php?t=22443

    Can you please advise what in your opinion is the best thing to do.

    I know the security clearance timeframe is unknown, but how long does the PIMS check take?




    h1bemployee
    02-26 10:41 AM
    When was your H1-B amendment denied?
    What is your current LCA salary vs. original LCA Salary?

    10 days back My employer called me and asked provide some more documents , so that they can appeal to USCIS....

    I was working on getting those documents, I was in constant touch with my employer...

    two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl




    Quest99
    09-14 03:30 PM
    Here is my story:

    I work for Company A. Got an offer from Company B who is a consulting company. Got placed in a project which is like 1.5 hrs away from my home (I accepted this opportunity for my GC and everything was fine). Company B filed for my LCA for the H1-B transfer. They accepted to pay all the H1-B transfer fees.

    Here is my problem:

    1 week after my LCA was filed, I came to know that my wife was pregnant. As per the doctor she needs some close attention and care because of her health condition(atleast for 2 months). Also, I have to take her for tests minimum once per week at a hospital which is quite opposite in direction where company B placed me (2hrs ride).

    I came to a conclusion not to take this opportunity because of my wife's health and also keeping in mind how the new job will treat me (in terms of flexibility. leaving early, WFH etc - for my wife's treatment). I felt this was a genuine reason from my side.

    I informed Company B about this change of plan because I cannot commute such a long distance having these constraints in mind (not good for me as well as not good for the new project).

    Company B is asking me pay $3000 for some damages and they say that it is as per the contract.

    To my true knowledge I did not sign any kind of contract with them neither the recruiter told me anything. Now Company B is saying that minimum 3 months is required or I have to pay for H1-B transfer and all other fees.

    The offer letter that I signed clearly stated that the employment is "At Will" in nature which when asked now, Company B is saying that is for GC and Citizens (which is not mentioned anywhere in the offer letter).

    The thing is that they are threatening me and they were so rough and hard when I finally spoke to them. They said that they will be sending the vouchers for me to pay them back.

    I thank God for not joining this company as I came to know about their true colors now, they are so money minded and the words they spoke were so harmful. I am pretty sure they would have created more problems for some other reasons if I had joined them.

    Even though I did not sign any bond, I am really scared by the way they spoke to me. Any help or advice will be greatly appreciated.



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