Friday, June 10, 2011

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  • perm2gc
    12-23 02:53 PM
    Hi All,

    Could any please provide some insight about the companies "Unemployment Wage report" for the state of California?

    This is the only query as stated in the 221(g) form got from Chennai embassy for your reference.
    "State Unemployment Wage Reports, showing all wages paid to each employee in the state, for the past two quarters as filed to State of California (This should not be payroll reports, but the actual forms filed to the State authorities listing each employee and wages paid during the quarter.)"

    Could you please provide me the exact form name and number to submit through the dropbox. Also some explanation if possible on how the form will look like in order to track it down?

    Any help in this regard is greatly appreciated.

    Happy Holidays!
    All the very best to all of you.

    Thanks & Regards,
    ChakYour company has to send you the documents.Ask your company.They know what those documents are.

    Good Luck !!!




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  • logiclife
    03-10 01:44 AM
    Friends,

    I have had 10+ members sign up so far.

    This is as important as the fund raising. The same group of contributors cannot contribute all the time, please join the effort to bring more people in by signing up in the Membership drive. Just email me at jay@immigrationvoice.org so that I can send you a 5 page pdf document to get your started.

    More members means:

    Bigger organization.
    More funds to pay for lobbying.
    More faxes and emails to congress when the time comes for grassroots advocacy.

    Thanks,
    Jay.




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  • Sung Kang Ernest (Jeffrey


  • ImmiLosers
    03-11 07:56 PM
    To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.

    Thank you all for your response. As per him ( my attorney) - you apply for I-485 with the new I-140. Provide reference to earlier PD as reason for your application. He provided the following text from the USCIS's I-140/I-485 adjudication document.

    If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification

    ANYBODY HAS A DOCUMENT COUNTERING IT ( STATING IT CAN NOT BE DONE AT I-485 OR IT MUST BE DONE AT I-140). PLEASE PROVIDE LINKS OR REFERENCES. SORRY FOR THE URGENCY.




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  • perm
    08-13 10:09 AM
    This is nice. I am in too



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  • EndlessWait
    07-27 01:47 PM
    Heard back from the attorney - filing after Aug. 17th.
    my lawyer says with all this VB backand forth. Technically for those who want 3 yr extension should file after 17th August. Because although the Aug VB is "U", July VB is active for those eligible till 17th..So safer options is 18+




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  • gc28262
    07-30 07:07 AM
    Success Story: Showing a Valid Employer-Employee Relationship (http://shusterman.com/newsletterusimmigrationaugust2010.html#5)

    As reported in a previous newsletter, a January 8, 2010 USCIS memo entitled "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements" has made it more difficult, and sometimes impossible, for IT consulting firms who hire professionals to work at third-party worksites to obtain H-1B status on their behalf.
    The stated purpose of the memo by Donald Neufeld, Associate Director of Service Center Operations, is "to provide guidance, in the context of H-1B petitions, on the requirement that the petitioner establish that an employer- employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period."

    The memo puts particular focus on determining if the employer has demonstrated that it has a "sufficient level of control over the employee." See our H-1B Visa Guide for additional information.

    We represent many IT consulting companies, some of which place temporary H-1B workers at client-sites as is common in the industry. In March 2010, we helped one of our corporate clients prepare and file an H-1B extension on behalf of a Senior Systems Administrator who had been working for the same employer since June 2009 in H-1B status authorized by USCIS.

    Approximately 3 weeks after the H-1B extension was filed, the USCIS issued a 4-page Request for Evidence (RFE) essentially asking for a laundry list of documents, including Tax Returns of both the petitioner and beneficiary, quarterly wage statements, contracts, photographs of the worksite, etc. to demonstrate that a valid employer-employee relationship existed and would continue to exist for the full duration of the requested H-1B extension of stay. The RFE actually asked for evidence that the employer-employee relationship had existed since the original H-1B approval had been issued (some 9 months before the H-1B extension).

    Fortunately, we had forewarned our client of the issues raised by the January 2010 memo and the company was able to provide us with much, if not all, of the requested evidence, including copies of contracts it had in place with the company where the employee was assigned. The contract included language that we brought to the Service's attention stating:

    "Contractor shall have sole responsibility to recruit, interview, test, select, hire, manage, train, counsel, discipline, review, evaluate, set pay rates(including the classification of Contractor Personnel as exempt or non-exempt), and terminate the persons who provide the Services hereunder."
    and
    "On-site Contractor Personnel will be required to acknowledge that they are not employees of CLIENT COMPANY to agree to dispute resolution procedures regarding any dispute they may have concerning their employment by Contractor or concerning their employment status."
    We were able to further demonstrate the petitioner's supervision of the employee by showing the hierarchal structure of the organization and evidence that the company had control over the day-to-day activities of the employee through regular service and progress reports.

    This case shows the importance of preparing in advance for any possible issues as most RFEs issued by USCIS only allow the petitioner 30 days in which to respond. Because we had anticipated the issues raised in the Neufeld memo, we were able to provide sufficient evidence of the employer-employee relationship to satisfy the USCIS's concerns. This resulted in an H-1B approval notice being issued for our client a short time after our response to the RFE was filed.

    In this era of increased scrutiny by the USCIS of most types of petitions, we would not suggest any consulting or staffing agency even consider filing an H- 1B petition if it does not have sufficient evidence of the existence of the employer-employee relationship, including signed contracts between the petitioner and the end-client. It is important to note that in many cases similar to this, the USCIS will only approve the H-1B petition for the duration of the contract between the employer and the end-client. Read more of our Immigration Success Stories.



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  • hpandey
    01-24 12:34 PM
    Maybe your lawyer should jump into the well or go back to school ;)




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  • vinki
    10-27 12:54 PM
    Hi !
    I recently got my EAD. ..but I have not yet got a job..... when should I apply for SSN ? :confused:

    Thank you in advance....

    Vinki.



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  • kirupa
    04-22 05:13 PM
    I have added your treasure trove and "old school web design" stamps :) I think the text in some of the other stamps needs some work. More specifically, I'm seeing a lot of words. The good stamps I've seen use more visual imagery as opposed to text to convey information very quickly.




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  • krishna
    06-02 07:52 AM
    The indian consulate in NY states that one can apply for a renewal a year before his/her passport expires. Check out this link.

    Here is the statement

    Application for a new passport has to be made when applicant's old passport has completed 10 years (Final or F). The Application for a new passport can be made also up to one year before the expiry of the Passport.


    Here is the link

    http://www.indiacgny.org/php/showContent.php?linkid=29



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  • mjdup
    12-14 10:08 PM
    I don't know how many people will that invitation allow for the meeting? I can join and we can present some things to the congressman. Please PM me and we can touch base.

    thanks,




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  • jcrajput
    10-12 11:18 AM
    We are planning to get our passort stamped (H1B/H4) at Mumbai consulate. Does anyone know how many pay-stubs I will need from my current employer? Can anyone please share their experience?

    Thanks a lot.
    Jignesh



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  • rkat
    02-06 11:21 AM
    Hi Friends - I work at a university and have been with them for 4 years. My boss plans on giving my a 10-12% mid-year pay increase. But our HR says that H1 workers are not eligible for mid-year pay hikes..?? IS THAT TRUE.?

    Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.

    Can somebody please help!

    Thanks in advace.!




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  • RDB
    12-03 11:22 PM
    Hehe....sorry, it was not meant for you specifically......that was in general :)...agree....it will be at least an year, if not years, before we see our greens.

    lol...where do u see excitement in my post? i know its atleast a year for me to see some green.



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  • Sung will be in Fast 5,


  • modvik
    05-25 07:45 PM
    It was in Cornyn ammendment.


    Did the Cornyn Amdmt make it into the bill?




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  • riva2005
    05-21 06:01 PM
    But what if some amendment convert 90K to 190K ? Will IV support the bill then? I think the entire bill is not that bad we can swing it into our favor by changing few details :)


    Yes, I guess they have to then. If your problems are taken care of, then you would support the bill. Wouldnt you?

    If you remember last year...Sen. Cornyn was opposed to S 2611 before it was dabated. And he was opposed to it even after amendments and debate were over. He voted against S. 2611. However, he still put SKIL amendments even though he was against the bill before he inserted his amendment and after.

    Like I said, if you cannot take a position, how can you even justify reason for amendments? The very reason to offer amendments is disagreement with the current form. If you support this bill, you might as well say "Thanks for sticking it to us and giving away GCs to Y visa holders and untested merits system at our expense. We love to get screwed and we support this bill".

    Its not like that the powers to be would take it as an offence and block our amendments. This is the US senate. Not a bunch of prickly teenagers. You can work together with people even if you fundamentally disagree with them.



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  • Saralayar
    07-17 05:47 PM
    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

    Does this mean that we have to file I-485 before August 1st?. From August 1st, the August visa bulletin is effective and all the EB category dates are U.:confused:




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  • kcindian
    05-31 11:00 AM
    Hi,

    Do you guys know how long does it take to get EAD/AP renewed? I understand you are eligible to apply for renewal 120 days before the end date.

    KCIndian

    Made $100 one-time contribution.




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  • punjabi
    01-07 10:11 AM
    I don't know about Texas, but we live in CA and my wife (dependent on I-485) claimed unemployment benefits for about 3 months last year. We got a notice from EDD (Employment Development Dept) to send them a copy of EAD (for Alien Number) so they can let USCIS know that she has claimed unemployment benefits and if she is eligible in terms of immigration status.

    A couple weeks later, we got another letter from EDD saying that after considering the decision from USCIS, you qualify for the unemployment benefits and your compensation per week would be so and so, etc.

    (We have no idea what they actually asked USCIS and what USCIS answered them but nevertheless, they had a communication with them.)

    Hope it helps.


    Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.




    kk_2000
    11-06 08:54 PM
    Hi,

    We are in a critical situation. My wife's AP was approved on 10/18 and the current status is "Document Mailed on 11/05". It also says "You should receive the document within 30 days".

    Our flight to India is on 11/15 and we are wondering typically how long it takes for us to receive the physical paper after the status changed to "Document Mailed".

    Can you please share your experience?

    Thanks,
    KK




    eb2dec2005
    10-01 07:57 PM
    I sent an email blast to my friends and got the first response already. The person contributing is not a member of the site but understands the issue.

    His confirmation number is 86FZ6-TMC55

    My receipt number is : 5533-1428-2079-6501



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