Saturday, June 11, 2011

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  • kiwi
    11-07 10:18 AM
    Hello you all,

    I guess I am the victim of bad attorney - I didn't do enough of my homework. Here my PD Jan 2003 labor just got approved. Fired my labor attorney who I couldn't never get hold of. In the process of preparing I140, my current attorney found the my company has been at loss in the past 3 years so doesn't look good for I-140 approval. His recommendation is to renew H1b then file PERM next year with a different employer. As depressing as it could be - I have to move forward.

    I am in Michigan and intended to move to bay area. My job is IT senoir development/IT project management for 8 years. This time I would like to do some homework: before I start to look for a new job in bay area, does anyone know what is the approx. prevailing wage for EB2?

    Can someone give me some infomation on this or where I could find it?
    Thanks.
    K.





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  • Pallavi79
    02-15 09:28 AM
    <quote>In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals</quote>
    there is no such law. I understand now a days frequent RFEs. But you can take it easy as long as you have job.





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  • FrankZulu
    08-15 05:01 AM
    3) Lets say I move back to India after getting the green card, is it enough to simply enter the US once a year to keep my green card active? Can I apply for citizenship after 5 years of having the green card, even though I haven't resided in the US for those 5 years?
    Thanks.

    You have to enter US once at least in 6 months & not 1 year.





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  • WaitingYaar
    03-23 10:47 PM
    Does letter for initial interview makes sense for EB petitions. May be gurus from the the forum can comment.



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  • gbadrain
    08-11 01:23 AM
    If you have not completed your 6 years (or you have an approved 140) then you can find an employer to file a new H1B and you will not be counted against H1B cap. Do the premium and reapply for visa at the consulate. Try to carry a proof that your employer has declined to provide you with the documents requested.

    Secondly, please post what documents consulate requested you to submit - I am sure one of the IVans will post you with alternatives. If one of the documents happens to be your personal credentials, wage statements and etc - even if you reapply with new employer, you will be no different than what you are now. BTW, is it your first time stamping?.

    Thanks for this info.
    Well,I was given Green Form 221 g from NEw Delhi Consulate wherein they asked me to submit: Unemplotment Wage reports, Project description, Notarised list of Employee and W2.
    With regards to my personal info, they okayed it with my MBA degree and over 12 years experience behind.:cool:
    BTW, this is my first attempt in getting H1B Visa and I have B1/B2 Visa for10 yrs as also visited USA twice and came back within a fortnight.
    My background check is okay.
    The problem is with the Employer!!





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  • hinvin66
    06-02 02:49 AM
    Recently, I made my own PP photos using http://www.epassportphoto.com/

    This is a great service - It creates a jpeg file from a picture that you upload, and you can choose the "free" option in which you can save the jpeg file with 4-6 pictures in one frame (A 4" x 6" photo can yield 6 pp photos of 2" x 2"), and take it to Walgreens/Costco/Kinkos for a printout for $0.25 each. Otherwise you pay about $8-$12 for 2 photos at the same stores!!

    For a family of 4, this equates to savings of ~ $40!!!

    The site has all the tools for meeting various types of visa/pp/etc photo requirements for various countries.



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  • paskal
    12-11 06:32 PM
    bumping up the thread!
    saw a post from a mn member and i guess this thread needs visibility!

    thanks for the invitation to the IL call, i am in Fl this week and probably can't be on, hopefully others will be participating and will update us all





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  • venky321
    02-24 12:53 PM
    Its probably a good thing that LCA laws are being enforced. If a person hasn't gone on the bench and has a valid LCA, I don't think that person would be affected by this.

    Consulting companies who adjust with the times and work to comply with the enforcement might come out of this stronger when the recession ends.



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  • dwhuser
    06-15 04:43 PM
    yes, he is working for a desi company so he doesnot get paid when he's on bench. His last payroll ran on January 2009.
    Thanks for the replies, we didn't know that the Immigration officer at the Port of entry can ask for a Paystub or a W2.





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  • dreamgc_real
    05-03 09:10 PM
    Thanks for this input. I'd call them around 10th of this month.

    Keep us updated. Also what is the processing time for EADs in AZ on an average? Both for premium and regular?



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  • funny
    08-13 03:46 PM
    Folks,

    Do you know if USCIS is still waiting for NC to be cleared before approving the 485 application? Are they following the memo ( >180 days doen't matter) or not?

    Thanks





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  • ab_tak_chappan
    08-12 10:18 PM
    Celebration should not need a reason :)
    Thought this might help when the mood is gloomy, folks are tense n stressed out, checking visa bulletin every minute :D
    hurrah!....
    ..
    ...
    ...

    wait a min..success of what??



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  • hoggus
    11-30 01:14 AM
    Thank you very much for the replies.

    Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.

    About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?

    Again, thank you for the advice.





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  • wandmaker
    02-04 05:04 PM
    Given your immigration status - You can work part time or volunteer as long as it does not conflict with your current employers business interest and terms & conditions of employment.



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  • gcdreamer05
    02-16 10:43 AM
    hi there is a clause "same or similar field", so as per shiela murthy, ron gotcher and prashanthi reddy, as long as you are in a IT related job its ok, you cannot go from IT to healthcare or cross fields.

    so you are safe.

    But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.





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  • Carlau
    01-24 11:55 AM
    I have a suggestion, offer your company to pay a half an hour consultation with a lawyer, such as Sonal Mehta or Hooyou or Shusterman, this way you will not only get your H-1B 3 year extension but you will save your company from paying the 1k+ attorney's fee x 3.



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  • clockwork
    07-18 09:52 PM
    Clockwork and others please note that the pdf version of the Standard Operating Procedure is from 9/28/01 -- a lot has changed since.

    Hi Googler,
    Please read 485 standard operating procedure along with uscismanual. uscis manual is the latest update/modify. If anyone know updates after september 2006, please post on this thread. Thanks -





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  • aguy
    01-05 12:53 PM
    The reason I ask is, someone sent me this from the NAFSA Adviser's Manual (2006 release) (check the last point) -

    7.27.2.1 Exception for travel to Canada or Mexico for 30 days or less
    Under the "automatic extension of validity at ports-of-entry" provision, an H-IB alien may reenter the U.S. after a trip solely to Canada or Mexico that lasted no more than 30 days, without the need to obtain a new H-IB visa, even if the individual's prior H-IB visa has expired.

    H-1B automatic revalidation different than that for F and J nonimmigrants
    F and J nonimmigrants can use the automatic revalidation of visa provision not only after a trip to Canada and Mexico, but after a trip to the islands in the Caribbean as well. H-lB travel under this provision is limited to Canada and Mexico only.

    7.27.2.2
    Continued validity of H visas after employer change If the H-IB worker has changed employers since first entering the United States and has a valid visa annotated for the previous employer, he or she may reenter the U.S. using that visa, provided he or she presents a valid H-IB approval notice for the new employer upon reentry to the United States.

    7.27.2.3 Revalidation of H visas in the United States no longer possible
    Prior to July 17,2004, nonimmigrants in H status could apply for a new H visa through the DOS Visa Office in Washington, D.C., but only if they had already obtained one visa abroad in the category being applied for. This process was known as "revalidation." Effective July 17, 2004, the Department of State no longer accepts applications for revalidation of H visas.

    7.27.2.4 H-1 B visa eligibility after an extension of H-1 B status beyond 6 years
    Caution! H-IB nonimmigrants that have received extensions ofH-lB status beyond 6 years under AC21 continue to be bound by the requirement to have a valid H-IB visa for entry to the United States after travel abroad. If the nonimmigrant's visa has expired, he or she will
    have to obtain a new H -1 B visa on the basis of an approved H -lB petition in order to reenter the United States, like any H-IB nonimmigrant.

    It is not clear if this is exclusive of 7.27.2.1. See me dilemma?





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  • andhrawala
    09-22 10:01 AM
    I applied my EAD in Nebraska as OH falls under it's jurisdiction and got my approval in 2 weeks. Thought of sharing so that some one may find this information useful.

    Labor Priority Date: EB2 - 2007 April - India
    I-140 Applied: 05/15/2007
    I-140 Approved: 08/10/2009
    I-485 Applied: 07/26/2007
    I-485 Status: Pending





    indianabacklog
    02-13 08:30 AM
    Sorry, if this seems off-topic.

    I'm on H1B visa and my wife is on H4 visa. We file our taxes as a joint return. My wife is currently studying for MS. She has received in-state tuition fees. We received 1098-T from the university. I'm thiking about getting a lifetime learning credit which will reduce my tax bill. My questions are:

    * Are people on H1/H4 allowed to take lifetime learning credit for graduate studies?
    * Will this have any negative effect on our greencard in the future?

    Thanks.


    You can simply use the tuition fees deduction on the front of the 1040 return. It will reduce your adjusted gross income. I have been using it for deducting my sons tuition for three years.





    gchopes
    11-05 01:41 PM
    Files Jul 27 w. TSC. No RNs yet. Called USCIS. Not in the sytem.



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