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  • checklaw
    03-24 05:36 PM
    Mighty impressed Mark.!!!




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  • DDLMODES
    07-09 03:28 PM
    even now?

    Thats strange.....

    What is strange ?? He used PP in June when it was still available. USCIS suspended PP only for new cases to process what they already had.

    I can't wait to get the chance to upgrade mine .... not that I will do anything with it for a while (other than H1B extension) but is nice to have the approval in your pocket.
    :rolleyes:




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  • punjabi
    03-16 04:26 PM
    I was in a similar frame of mind like you a few days ago...thinking whether to switch to EAD with different company or not.

    On technical side, job title and description does not need to be word-to-word same. Just use common-sense (if a programmer is going to be working as an Electrician or Systems Administrator, that might cause a problem. Otherwise you should be able to prove the similarity.)

    On the other side, EAD is a gift USCIS has given while your 485 is pending. Even being on H1B, there is nothing much you can do if you run out of luck. So, why not enjoy the freedom? Come out in the sky. You will "feel" it, especially if your current employer is "desi" or if you have to call them 10 times in a month to get your paycheck.

    I am myself invoking AC21 in April. Whatever happens, I know I will survive. Wherever I live later (India or US), I know I will be with my family and I will still have tens of reasons to thank God for.

    If you want to be a little more conservative, spend few dollars and get a back-up of an attorney.

    Let go of the negativity. Do it.

    Good luck.



    Hi,

    .... Job title should be same or not? I got 50-50 response on this. Do not know what to say, but kind of thinking may differ.
    Job Description on offer letter? should match word to word with LC
    ......
    Please let me know if all the above assumptions are correct.




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  • raju123
    07-08 05:06 PM
    I don't know the thinking of some people. immigration-law has nicely covered flower campaign. What is the reason to criticize?

    We have very fewwwwwww friends for our cause. Mathew Oh is one of them. Do you guys want to loose few friends???? Are we going to win any battle without others support???

    Please delete your negative comments and I request not to do any negative comments for like minded organization or person.



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  • lazycis
    09-28 08:35 PM
    Hello Everyone,

    I need to find someone that can help me to file the Mandamus my name is been stuck over 2 years now and the USCIS still telling me it's PENDING....Please help me if anyone know a good lawyer that can file Mandamus.....


    Thanks
    Anan:confused:

    Check this
    http://en.wikibooks.org/wiki/FBI_name_check

    Ask any questions here
    http://boards.immigrationportal.com/showthread.php?p=1781629

    Here is the sample complaint:
    http://boards.immigration.com/attachment.php?attachmentid=16571&d=1182786004

    Your PD does not have to be current (it changes from month to month), if it was current at some time in the past, that will be enough.

    Fight for your rights!




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  • yanj
    12-15 10:13 AM
    1 genius said "kaplan doesnt issue I-20's anymore."
    so Does anybody know anywhere else can issue I-20 ?

    2 Good question : Are you sure than ,while the H1B is being processed ,you can live here legally?


    looking for answer ,too. Thanks a lot !



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  • SAPGURU
    07-13 09:04 PM
    I was searching on internet and this is what i found on Murthy.com.
    --------------------------------------------------------------------------

    Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.

    The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
    --------------------------------------------------------------------------

    Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.




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  • mallu
    06-07 04:09 PM
    .



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  • yanj
    12-15 10:13 AM
    1 genius said "kaplan doesnt issue I-20's anymore."
    so Does anybody know anywhere else can issue I-20 ?

    2 Good question : Are you sure than ,while the H1B is being processed ,you can live here legally?


    looking for answer ,too. Thanks a lot !




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  • calboy78
    01-12 01:04 PM
    Why take chances ? Be safer than being sorry later.
    Take some leave (paid or unpaid) - get it stamped over there + meet your loved ones. You'll have a peace of mind at the cost of couple thousand dollars.

    "my" suggestion.



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  • sam0407
    07-18 12:55 PM
    There's no need for you to be negative.

    Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....

    wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?


    ps57002:

    Do not take it in negative sense, This is just my thoughts..

    1. Flower campaign served it purpose, over doing anything will give produce negative results
    2. As other IV members suggested we should come-up with someother innovative ideas. You can ask IV members for ideas, I sure our fellow members will share their thoughts.

    Again, I am strongly believe any more flower campaign at this moment will produce negative result (i.e it will annoy the recipient).

    I had the same thoughts when our IV members planned to send thank you flowers




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  • ivy55
    08-01 09:38 AM
    Please note the reponse I got from service center to a query sent by the senators office

    ""
    The scheduling of the biometrics is not based on the FBI fingerprints or name check being clearedfirst. ""

    All waiting for FP leave no stone unturned, call, take infopass, etc

    Thanks



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  • sreenivas11
    10-03 05:10 PM
    Now they are implementing in VA State too




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  • styrum
    11-10 04:44 PM
    Thanks folks for all the replies. I got to know finally that the employer can setup the LC to provide for any relocation. It looks like my employer usually does that so that the employees does not loose out in a relocation scenario.

    Thanks for all the inputs

    Please somebody clarify how exactly this is done with PERM. If it's a consulting company, should all advertisement, PWD and Job Order be done in the location of the main office? The job location indicated on the PERM should also then be the main office, but the job description must mention that projects may be located all over US? There is really no place on the PERM form for "alternate" location. Where is that exception for consulting companies mentioned? Can somebody please clarify?



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  • Ann Ruben
    04-23 10:48 AM
    If you are subject to the two-year home residence requirement, you cannot be granted H-1 status until a 212(e) waiver is granted. However, your employer can file an H-1 petition for you now. Once the petition is approved, AND the waiver is granted, you can either file with USCIS for a change of status, or you can apply for an H-1 visa abroad.




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  • chanduv23
    03-27 09:52 AM
    My wife is currently on a H1b doing her residency. When she was on h4, she wanted to do research or observership on a voluntary basis so that she can get some good letters and also have her name on papers and journals.

    She got into a research position as a "research volunteer" at Emory University in Atlanta and was an unpaid volunteer. After getting into that position she figured out that the department was actually advertising for that position for a "research assistant" position - which is a salaried position but they could not really find people to fill that position and because they found her promising and did not want to lose her, they offered her a research position.

    Without her knowledge she was a regular worker and was dumped with regular work like a paid employee (though she was not paid). They stressed her out and not flexible with hours and never allowed her to study for USMLE etc... and were expecting her to continue that way for 3 months she worked and worked. So I interfered and stopped her from going there, and we wrote a strong letter to the Head of Cardiology at Emory, who got pissed off because she was not aware that the position was not being paid and the department did not officially want to acknowledge that they did it. So they called her to the department and "WARNED" her not to have any kind of communication and not to step into the department or talk to anyone for any reason. We got pissed and we strongly requested for a "Research Experience Letter" which they told they will mail us. We never recieved any mail for 3 months and then one day we called heer superior doctor and blasted her on phone and she in turn blasted us saying we must not call her. Then after a few weeks, we emailed the department politely asking for a experience letter and pleaded them and used a lot of sugar coated words with a lot of A** Ki***" and finally we got a decent letter. Then after a few weeks, the department sent her an email asking her if she still wants her name to be on a paper she worked on, she replied she wanted to. Then they responded that it is not possible to have her name as she was never working there and in future there must not be any communication from us.

    The reason I wrote all this is : Most of you people seem to be desperate to work around the system for your benefit. As people do it, it becomes a mess.
    Ours was a genuine case and see how an organization like Emory can do whatever they want for their advantage.

    So it all depends on the kind of people you deal with - if you want to work on h4 just for sake of experience - expect the unexpected.

    Most skilled immigrants are capable of doing great work if allowed to do but we are unable to do it , and organizations that break rules (Desi consultants or Microsoft or Emory or anyone for that sake) - will have only one motive - to exploit your skill and get the work done. In case of any issues, they will "scapegoat you" and make themselves look clean. So think twice before get attracted to breaking rules.



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  • black_logs
    04-12 04:09 PM
    Labor substitution is bad for those who can't find one and good for those who found one. I didn't find one so it's bad for me. But 1 thing the DOL came up with the substitution rule is that 45 days labor expiry rule. Just can't believe the administration can harrass people to that level. When labor substitution is in place what's the point of this 45 days rule ???




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  • rockstart
    06-04 01:59 PM
    I advise not to do like this guy is saying. My suggesstion is if it is really not possible for you to get the letter, just send last 6 months of bank statements. And let your parent tell VO that your bank gives letter in person & you live far away from that bank. Majority cases, they will not even ask for any bank letters or statements. My suggesstion is to send both Indiana bank and HSBC bank statements for last 6 months. That will be good.

    I agree. 6 months bank statement along with 3 years of W2 are more than sufficient to prove your financial ablity to support your parents.




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  • aranya
    07-01 11:42 AM
    Thanks for your replies.

    I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.

    I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!

    Only yesterday I had a converstion with my compnay lawyer on this topic.
    Her view is that I would have to amend the H1 for any location and/or responsibility changes.




    test101
    07-08 02:00 PM
    I'm sorry but why he did not say IV... i'm not trying to offened anybody people from all over are sending as well. it would make it better if he said the legal immigrant community




    HRPRO
    01-18 09:30 AM
    H-1B is the responsibility of the employer but it is slightly tricky. If the employee is being paid more than the minimum wage quoted, then he/she can be made liable to pay back the full amount. But still attorney fees and other associated costs can be collected back from the employee.

    Either way 4 years is too long a period to hold anyone liable to any employment agreement when it is employment at will and should not have been signed to start with. It is just too late to regret and would be wise to move forward with options best known to you.



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