Friday, June 10, 2011

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  • shreekhand
    07-29 10:55 AM
    Is your "baby" 21 yrs old yet ;) if not wait before before it turns 21 for sponsorship!




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  • amitkhare77
    08-26 03:04 PM
    Is this true? I think once you start using EAD your H status is imiidiately invalid. she needs to go out of the country and get the H1B stamped in order to work on H1b.

    She can always have the H1 in her back pocket for back up




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  • Maverick1
    11-13 05:08 PM
    I asked her if it is change of address they sent she is not sure but she said usually it is the card when Current Status: is "Document mailed to applicant."

    She put in a service request for me and she some one is going to contact me in 30 business days.

    Goodluck.
    Since you are EB3/2004/India it is probably not I485 approval unless you got EXTREMELY lucky and they processed your application out of turn.




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  • fortune50
    07-17 09:24 PM
    Hi,
    My I-140 approved in TSC( premium processing)
    My Attorney sent my I-485 on July 2 to TSC
    my labor approved from Wisconsin
    but I read somewhere all applications needs to go to NSC , is it true?
    I greatly appreciate your help



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  • psaxena
    07-06 06:37 PM
    I changed my job recently , didn't talk about anything immigration, ead anything. Even when I asked , I told them "That will not be an issue, and nothing is required by the company to do for me". At the time of joining I gave my EAD and SSN. Thats it HR lady didn't ask anything just took the Photocopy of it and kept in the file.

    I did not file AC-21 as well , though as part of the joining process without asking I as given the appointment letter, role and jobdesctription , which I can use as EVL. I think this is standard process which every company follows. So flow in the process and there should not be any issues. Also after making the offer the company cannot deny the offer because of EAD thats, the law. So wait and speak wisely till you get the offer letter.




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  • pmat
    01-31 03:06 PM
    how can one get copy of i140? does it not belong to the company?

    You can always ask for a copy of the approval after the I-140 is approved. Depends on how cooperative your HR and lawyer are.



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  • cox
    October 28th, 2005, 08:59 AM
    A last shot. I liked this one, as did the client.


    http://www.dphoto.us/forumphotos/data/933/rose_solitaire_C_102705_JP8X5652.jpg




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  • LostInGCProcess
    09-19 05:12 PM
    as I was not getting a corp to corp job for more than a year.I desperately need to work.now I am on a project for 3 months and it will end soon also.but this company wants to hire me full time. thats why I want to join them with EAD and when my h1b approves I will get it stamped and reenter..
    You can continue to work with the company from the day they apply for your H1(of from the day you get the receipt of h1 application)....you don't have to wait till you get an approved H1.



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  • skd
    01-12 02:17 PM
    Skd, it was nice of you .. I gave you green :)

    God Bless everyone and everywhere.




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  • glosrfc
    12-11 10:22 AM
    Well done Temp (and the other two guys)



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  • paskal
    06-11 11:59 AM
    what exactly is your question?
    there are no versions. the official text of the new proposal is on the main page and iv's official position is clearly posted too:

    http://immigrationvoice.org/media/forums/Immigration_Voice_position_on_Draft_S1348.pdf

    there have been amendments since, most of which are nothing to do with us barring (dis)honorable exceptions like senator sanders' money grabbing scheme.




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  • raysaikat
    01-29 12:22 PM
    My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered. Over there she joined a multi-national who sent her on B1 this year. (She already had traveled on B1 from a very old employer and used that).

    Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:

    1. A Change of Status from B1 to H1B
    2. A I-129 requesting H-1B (or H-1B transfer)

    Question -
    a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?


    She must wait for H1-B approval (I-797) form. In addition, if the I-797 does not have an attached I-94, then she must go out of the country, get H1-B stamped (if she does not have one) and reenter on H1-B VISA before she can start working.


    b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.


    Attorneys, please advise.

    Much thanks in advance,
    P



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  • LostInGCProcess
    08-30 02:11 PM
    Isnt recording conversations without the consent illegal? :confused:

    Found on the net:

    The U.S. federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most have also extended the law to cover in-person conversations. 38 states and the D.C. permit recording telephone conversations to which they are a party without informing the other parties that they are doing so.

    12 states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

    It is illegal under all jurisdictions to record calls in which one is not a party.

    A complete state-by-state set of regulations regarding telephone call recording may be obtained in the following report published by The Reporters Committee for Freedom of the Press:

    http://www.rcfp.org/taping/states.html




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  • pappu
    10-23 11:01 AM
    Significance of Priority date???
    PD is important to get your dates current faster. Earlier PD will get a better shot at being current early.
    After your PD becomes current your 485s are assigned visa numbers (if your FP, namechecks and processing are done) GCs are allocated based on 3 important factors : Dates must be current, date the I485 was received (FIFO as per their SOP but factors like namechecks make it unfeasible) and country of chargeability. It is thus tough to review approval trends on tracker threads and sites because of small and incomplete data set and no info on factors that influence faster or slower I485 approvals.
    Coming back to the country quota, I do not know how country quotas are allocated throughout the year. How overflow happens each month/quarter and how future demand is predicted each month for the entire year when providing visas to oversubscribed countries from the quota of under subscribed countries. This will be a good topic to research.



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  • yabadaba
    07-13 02:23 PM
    chandu check ur pm




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  • aph0025
    11-12 12:15 PM
    Of course, I am assuming your previous status was H-4. If it was F-1 or something else, I don't know if you have valid permit to return to that status

    I was on F1 visa. I had my OPT valid up to the 15th of Jan. 2008. My consultant filed for my H1B to begin from the 1st Oct. 2007. For any one in my situation (F1 to H1B), please do not let go of your valuable OPT time, in lieu of H1B, how much ever influential the consultant is (in terms of getting you a project). They would always want you to begin at the earliest so they can be assured of your services with them. Make sure they put down your begin date, only after the last date of OPT period on the H1B documentation.
    So, in my situation, I do not have a valid reason to re enter the US. That is why I want to get my visa transferred over here. Considering I do not have pay stubs, a lot is dependant on my fate, I guess. Thanks for your reply.



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  • reddymjm
    09-16 03:05 PM
    I called.




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  • ash27
    04-02 04:35 PM
    Could somebody please advice if contract work on W2 as a primary employment is ok?




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  • hope4gc
    01-18 04:54 AM
    My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that

    In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.

    The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.

    Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.

    The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
    If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
    Talk to them if you have not started work, you might just have to pay the H1B fees




    smileyslimey
    11-30 09:47 AM
    Thanks, honge_kamyaab.
    Your point is well taken.
    But, my doubt is on the premise that a new H1-B can be obtained based on a previous approved I-140 or Labor Cert. However, if I am changing industries, my job function and description are both changing. In that case, can I use the fact that I had an I-140 from a previous employer in a different industry for a new H1?
    Appreciate your help.
    Regards.




    delhirocks
    07-05 06:36 PM
    First off, thanks for the response guys.

    So how do i get the copy of the I-140 from the company. Is it my legal right to get this or do i have to beg :) ? Also, company B is a startup and they are willing to file a new Perm application. Is there a big risk of Perm applications being reject from these type of small startup companies?

    My take is that I-140 is a petition from the employer unlike I-485. I don't think its your right to get it if they do not want to give.



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