Thứ Ba, 7 tháng 6, 2011

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  • fearonlygod
    10-04 01:08 AM
    hmmm....cannot say in my case i had all the paystubs for the months before i resigned...it was only i left i didnt got the 2 paystubs though for 1 salary was paid and even bank statement is reflecting that and my employer confirmed by sending a mail......

    It is a serious breach of not giving paystub bit kind of chicken egg problem becoz if u complain ot DOL tey ara for certin going to tear him off but he has liberty of cancelling you r visa.....

    I know a ldy who was harrases in this manner , she wrote to DOL...and action was very promt.....and after few months she left those guys....

    I hope this helps.......




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  • helpful_leo
    06-17 01:44 PM
    ..if someone started now?

    If a major corporation (i.e. bonafide company, no fraud, etc) started the labor process for an employee tomorrow, how long (in a ballpark sense) would it take before the person could file for I140 and I1485 concurrently?
    ...and do you think the dates wd remain current (for India) till then? And is there anything that can be done from the employee or employer's side to speed up the process? All comments will be appreciated.

    Thanks all for your time

    leo




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  • gccovet
    05-21 11:23 AM
    Hi All,

    Last year, my company's lawyer had filed EAD and AP for me. This year, the lawyer is giving me an option to file it myself or pay additional 500 dollars for her to file.

    What all supporting documents would I need from my lawyer to file EAD and AP this year. Do I need a copy of pending I-485, approved labor and approved I-140? Any insight would be helpful.

    Also, any guidelines on filling EAD and AP online would be helpful. How do you submit supporting material if you e-file?

    Thanks.

    HI,
    Check the following links, you will get all your questions answered.

    http://immigrationvoice.org/forum/showthread.php?t=18737

    http://immigrationvoice.org/forum/showthread.php?t=19165

    http://immigrationvoice.org/forum/showthread.php?t=18940

    HTH

    GCCovet




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  • kowligi
    10-01 08:47 PM
    My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.

    The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and

    1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)

    2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic

    3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?

    4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?

    Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(

    I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!



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  • amitkhare77
    01-30 10:00 AM
    please see my response
    Here's a brief background:

    1. Have EB3 from this company as a Software Engineer 15-1031
    2. Have a MS + 3 years PRIOR to joining this company
    3. Plan NOT to use experience gained from the current company for EB2

    Can someone please help me with which approach will have the highest probability of success with PERM?

    1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
    Title really does not matter, it's the Job Requirement, Desc, Salary and how well your profile match with the Job requirement. My EB 3 was filled as Software Engineer Level 1 in 2006. My EB2 labor was filled (different company) as Software Engineer (Level III). Labor was approved in 4 weeks back in Nov 2010

    2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
    I think best option is to ask your company attorney. I am not sure if you can make s decision what you want to use. The company and the lawyer will decide what is best for them to prove for a Job during I-140. most probably I have seen Lawyers prefer to go with MS + 1 yr experience. Mine was BS+5 yrs exp I live in NOVA and prevailing wages were 76 K. I make much more than that ;)

    3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
    You can not use this experience anyway ;) Job description can be similar but more like a senior guy's work. i.e. Consult with customers, PM and team members on project status, proposals and technical issues (i.e. software system design and
    maintenance), Effectively guide the team, collaborate with other team members and
    provide quality software solutions to accommodate business needs.


    I hope this helps
    Any help is really really appreciated.




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  • here4gc
    04-09 02:44 PM
    call or check with them...you can ask to be on the phone also..so that you can get any questions answered..

    I am sure a lot of cases will happen this way...especially people who have no LUD nothing from past 9 months...

    Goodluck!



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  • glus
    11-17 12:05 PM
    Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.

    Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.

    Or is there any other way to extend my I-94 without crossing the border?.

    Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.
    Hello,
    Yes, you can do this if you are from country that allows you to enter Canada without Canadian visa. Then, you would need to give away your previous I-94 and get a new one upon re-entry to the United States. The problem is that some airlines don't want to take I-94 back if they know you are not traveling for over 30 days to Canada. This is especially true if you enter Canada via road. Somehow, it is best to explain why you need to give your old I-94 away. If they don't take your old I-94, you can ask an immigration officer for a new I-94, explaining the situation. Then, if lucky, he takes your old I-94 and issues a new one with correct date.




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  • hopelessGC
    04-28 11:20 AM
    I would assume that it is already decided with the exception that a visa number is not available. So a final judgement is pending availability of visa numbers.

    This is a good sign...I think :D



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  • smerchas
    03-18 09:53 PM
    Hi Stirfries

    I have asked about whether I need to wait for the AP, but my lawyers have said I have to wait until the fingerprinting is done and I have the travel document before I leave..!!! Maybe I need to ring the immigration department again and confirm once again. I keep getting different information from different people..!!

    Thanks for your response, there might be light at the end of the tunnel..!!!




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  • waiting4gc02
    11-16 08:11 AM
    Anyone...can you suggest..?



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  • eb3_nepa
    08-13 09:41 AM
    You are right, this does not belong here either. No information other than EMPLOYMENT BASED LEGAL IMMIGRATION belongs here. End of discussion




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  • h1techSlave
    04-09 09:45 PM
    In my experience, the best Realtor is the the guy who would stick with you, when some unexpected things happen in the deal. Example: One of my friends purchased a home. After every thing was done, they noticed a major repair costing a couple of $1000. When my friend talked to the seller, the seller simply washed their hands off, saying the deal is over. Then my friend contacted the Realtor and explained the situation. And the Realtor took over and got the repair done by the seller with only a nominal payment from the buyer.

    If you buy a home worth 300,000 and if the Realtor gives back 0.5% (typical) or even a 1% that amounts to only $1500-$3000. Not really a very big amount considering the cost of the house.

    I would answer this:
    The best realtor is the one who can give you some money back from his commission...:)



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  • lskreddy
    08-07 05:19 PM
    There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.

    I'm assuming that you are from India and therefore don't need any visa to work in India.

    Thanks. Yes, I am an Indian citizen.

    Do I need NO status even if I were on the company's pay roll and getting paid in US dollars while working outside US? In spite of their gracious offer to allow me to work remote, I do foresee a need where they would require my presence (a week or so at a time). Will B1 cover a visit to the company that I am getting paid for? Or, is there a type of B visa that allows me to visit the company and actually work for it?

    If you/any others help me point to someone who can help me with IRS implications, that would be great. I don't expect this to be simple, thus my effort to do it the right way. The last thing I would want after spending 10 years here is to break the law.

    My company and I will consult before signing on the dotted line. This is just ground work and thanks for all who take the time to answer these questions.




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  • gmb
    02-02 01:17 AM
    2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
    This is not an issue in your case. It's okay to travel out while your AP application is pending as long as you have a valid current AP. I did this last year after my lawyer confirmed this to me. I also remember seeing a USCIS memo to this effect.



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  • hopelessGC
    04-28 11:20 AM
    I would assume that it is already decided with the exception that a visa number is not available. So a final judgement is pending availability of visa numbers.

    This is a good sign...I think :D




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  • nepaliboy
    02-11 10:01 PM
    I am also same boat. Not yet



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  • Beemar
    10-04 09:04 PM
    Congratulations.

    Even I got approved on saturday. What's wrong in that?

    Enjoy green life now.

    finally approved... got magic emails this morning :D:D

    How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)




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  • needhelp!
    11-07 11:26 AM
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  • i99
    09-11 03:53 PM
    FYI: Ours went to R Williams on July 2nd/NSC and there is thread on this forum if you are interested. We heard nothing. According to the posts, if any of R Williams cases had any action, they happened at other service centers. You person might be sending the submittals around as well if they were received on July 2nd. Hang in there :cool:




    xu1
    08-03 01:34 PM
    To be able to file EB2 the position has to belong to O*net zone 5. For instance if you are an engineer, open the link http://online.onetcenter.org/find/result?s=engineer&g=Go and click over the engineering that mostly suits you. If that position is job zone 4 then it is EB3 if it is job zone 5 then it is EB2. Then you have to check the salary for the area where you work, if your basic salary is superior to the minimum (level 1) of the position then you are fine.

    Though I don't know anything about the zone 5 requirement, judging by the vast majority of H1b jobs there are, very few are qualified zone 5. Thus there would have been very few EB2 filing (PERM or the other)

    This is not evidenced by what I have seen on many forums, or people that I know that filed for EB2 and then had it approved.




    ps57002
    10-10 06:10 PM
    Hi Ps57002 good to see you here.
    I saw you in . I was h12GC in .



    Hey good to see you here too :)

    Your case is a lil different than mine cause you did your I140 first, got online receipt that was sent with your 485. I am assuming one week later, when you had your PERM hard copy, you sent that along with other docs for your I140. I think you will be fine. You did everything right for the I140 and 485 is dependent on 140.

    Me though...my lawyer sent both 140/485 together in the mail, nothing done online. and no perm hard copy was included..just the online approval ETA form, signed by me/employer, along with screen shot af DOLETA approval.

    I will definitely keep you updated. I think mine will take longer than most cause on top of everything my file was sent to nebraska instead of texas....so it had/needs to be transfered to texas (NY employer).

    Keep updating and if you hear about others (i'm trying to stay in touch with others in similar position), let me know...

    as i used to say in ... 'jai maata ki" (god bless)



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