Saturday, June 11, 2011

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  • McLuvin
    03-04 05:10 PM
    I received my card production ordered email today. All thanks God for making all this possible. I came to the US in Jan 1995 on F1 to begin my undergrad, switched to H1 in 1998, had a GC PD of 2002, and now 14 years and a countless visa's later, I was greened today.

    I would not have made it through this journey without the expert advice on this forum to all the questions I asked - and just seeing everyone's contributions whether +ve or -ve to remind me that I am not in this thing alone.

    For those that are still on the journey - just hang in there and your time surely will come!

    Congrats !!! I think u should party hard for a long time...




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  • gc_on_demand
    12-03 03:47 PM
    A friend of mine has got 221G from the New Delhi consulate. He works directly for the company there is no client involved here. The consulate has requested the details of every single employee of the company along with their immigration status. My friend is trying to get that information from the employer.

    Any suggestion at this point????

    I don't think consulate ask details of all employees if size is 5k or more. Further more you can tell officer that it is impossible to get wage details of all employee. I hear some time some desi companies gives w2 of all employees etc.. would consular officer show his/her w2 ? but since our desi companies feeding what they need , they ask what ever...




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  • bkarnik
    03-04 06:58 PM
    It could be because there are no lnger any cases left with namechecks pending more than 180 days. See link http://www.uscis.gov/files/article/Namecheck_4Mar09.pdf




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  • nrk
    06-04 08:32 AM
    Hi Guys,

    This is my second job on EAD and never filed AC21. Do we need file one (Is it mandatory or optional)



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  • immig4me
    09-07 08:40 AM
    I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.

    If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.

    Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.

    Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think




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  • saps
    01-09 12:19 PM
    Gave you a green :)



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  • gparr
    October 24th, 2004, 06:47 PM
    Thanks Fred. Very helpful. Other comments appreciated. The white ceramic is an old insulator for an electrified wire that is obviously long ago rusted away. The fence surrounded a holding yard for dairy cattle.
    Gary




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  • BumbleBee
    07-18 02:10 PM
    Hi SertTurk,
    Its not clear from your post as to which state your/spouse's application is in. There are three phases
    #1 Labor certification ( state and Federal )
    #2 I-140
    #3 I485 ( adjustment of status )

    In order to get GC card, you need to complete all 3 phase. The VISA number applies to third/last state ( I485) only. If employee quits job during any of 3 phase, there is a very good chance he/she may not get GC through this employer. The process itself doesn't get terminated, as GC is for future job, but there is every chance the employer would either use the approved labor for another employee or not answer any rfe/query. If phase I and phase II is complete and you have filed for phase 3 and 6 months have passed, you have option to invoke AC21 and join another employer on same/similar position.

    Please talk to an attorney before making any decision.

    BumbleBee



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  • sukhmeet
    05-11 02:08 AM
    Hi,

    My first 3 years h1b period started in oct 2006 but i got my h1b stamped in Jan 2007 (due to delay in getting dates at chennai consulate and a 221g), i entered country in Feb 2007.

    Since then I am working with a small size consulting company but it is not a typical consulting company where people do sub contracting, i am full time employee so instead of getting hourly salaries we get full time salary (bi-weekly). My employer is a partner to one of the top known IT organization (in Top 5 in US). The business model works this way that the top known IT company (product company) makes products and our company (being partner) provide service solutions.

    So generally speaking our projects depend upon how and when top known IT company client's gives small assignments to us to come and do work on-site, we get projects from 5 days on-site to 6 months and it is not known to us in advance, but yes we are payed always whether we are on-site doing a project or in office doing more research or learning things, so in summary my company is consulting but consulting to a specific product company's clients.

    So in Summary
    Client's of Top known (product Company), gives projects to top known company and the top known company passes it to our company (some time they do it internally too).

    Here are some of the benefits my company provides to its employees:

    1. Bi-weekly salary (we are payed always, no matter we are on client site or not)
    2. Employer contribution to 401 K.
    3. Payed Vacations, sick and personal leaves
    4. Medical and Dental Insurance Contributions (Major chunk payed by employer)
    5. Tutions and certification reimbursements.

    We just have strength of around 18-20 people currently half of them are US citizens and rest half are skilled h1b. My Employer is in business from last 15 years with less than 10 Million in revenue.

    My concerns:

    My first three years of h1b is getting expired on 30 Sept 2009, my employer have to file my h1b extension:

    a. Filing h1b extensionfor first time is a problem? can there be concerns?

    b. Looking at lot of posts at various immigration sites, i have watched a common trend that uscis is asking for client letter, project details etc for next three years tenure.....now in our case as i had explained we are not always sure what is coming our way and duration can be very short or very long but definitely we have assignments, so in this case if they come back to us asking for client letter or project details what should we be doing?

    c. If i get in worst situation where if i file my extension now and doesn't get approval by sept 2009, then after that if i get an RFE or something....can i file my h1b transfer with some other organization (after i-94 expires), or i can't file for h1b transfer after i-94 expires? please note: My employer will file regular h1b extension only and not premium
    h1b extension.

    d. Shall we file for my extension asap ?

    I really don't have any problem with my employer and really wants to stick with them since they are genuine consulting company who provides all benefits a good employer too.

    Any comments would be greatly appreciated.

    Regards.




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  • anilsal
    01-11 03:03 PM
    toward IV activities. It will not only bring you hope, peace and sense of something noble but also will benefit your cause.

    Thanks for coming forward with your frustration.



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  • idli_vada
    07-02 09:46 AM
    I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
    Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
    Can anyone answer me? I really doubt the people out here.




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  • msp1976
    05-19 04:34 PM
    Any thoughs folks???



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  • gcisadawg
    07-29 07:36 AM
    I doubt that. Returning after a long period on AP would sure make the POE officer grill that person, as AP is supposed to be used in case of emergencies and humanitarin grounds. I was grilled at IAD on return after 30 days and the POE officer asked me to present documentary evidence of the emergency to travel outside US.

    The officer you met did not know the difference between AP applied on humanitarian grounds and AP applied based on pending I-485.

    My wife entered NEWARK after 6 months in India ( using I-485 based AP) and no questions were asked although the waiting time inside the secondary inspection room was really long.




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  • webm
    05-29 12:54 PM
    4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?
    ---Yes depends on your H1 validity one can continue working although I-94 stamp paroled for 1yr validity expired ie AOS pending status will let you in and contine the work on H1 or EAD



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  • shantanup
    01-15 10:48 AM
    My friend's father-in-law, a retired Indian army personnel, was able to obtain a visitor's visa to US and he did come and stayed with him for about 3-4 months. So, in short, retired Indian army personnel can get a visitor's visa and travel to US without any trouble.




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  • GoneSouth
    07-18 04:49 PM
    Thanks ! But ... I had found a single pdf of the field manual at one point ... anyone got a link to that ?



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  • mihird
    10-16 01:52 PM
    EB5 investor Visa is already in place.
    The numbers are a little different ($500,000 to $1M) but you can buy yourself a GC pretty quickly.

    If I am not wrong.....I had checked on the EB5 retrogression some time back..




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  • gouridighade
    04-28 04:05 PM
    Hi,

    Anybody recently filed PIO through Travisa at DC embassy, please share your experience. I sent the application for my 1 and a half month daughter who is born here, and planning to travel to India in June. I would like to know how long does it take if the documentation is correct and is there any tracking system to know the status.




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  • chi_shark
    10-06 05:23 PM
    i am going to do almost exactly what you are thinking in a matter of few days. i spoke to two lawyers. essentially, ac21 allows this and there is nothing that you have to really do. Of course, i am assuming that you are moving into a job that has the similar job duties as specified in your labor application. what you need to do is make 100% sure that you have documentation to prove this job duties similarity. if you are going to get an SOW from your client, make sure that the SOW is similar to your labor. if you can, do get a letter from your client (where you will do your actual work) stating your job responsibilities, work content etc. you will also need to document/prove actual existence of your business by showing your tax transactions, invoices/receipts etc. also, make sure that you are spending 40 hours (or whatever is the equivalent of a full time job) doing your labor certified job... all this will be required only if USCIS sends you an RFE or calls you for an interview.

    wish you luck

    I am working for a Fortune 500 company on H1 visa. I am switching to a startup and will now be using my EAD( GC status: I-485 with more than 180 days). I have the following questions.
    1. Can I join as an individual contractor by myself directly with the company without going thru a 3rd party vendor?
    2. I am offered a temporary contract position at an hourly rate every 15 days without deducting any taxes. I will have to pay my taxes at the end of the year by myself using the form sent by the employer. Does anyone have any such experience?
    3. What formalities do I need to complete with the USCIS regarding this change in my status? Will it affect my green card process in any way?

    I will really appreciate your help.
    Thanks for the support.




    pani_6
    07-03 11:12 AM
    EB-3-I is stuck in 01...not likely to move till Oct and then in OCT08..it will move by couple three months for the next 12 months till OCT 09..What are the option for EB-3 stuck here..from 01, 02, 03 ....

    1) Convert to EB-2 ?.

    2) wait for legislation from Logfren to pass

    3) wait another 3 years...already in the Queue from 01..


    If I choose to convert to EB-2..I have to put in a PERM and then I-140..what is the time line for getting my LC thro PERM and then my I-140 in EB2 cleared?? based on the current processing times..

    Do I wait to see if Logfren's legislation goes thro ..if doesnt go with the conversion to EB-2...???

    Please help me decide...
    thanks




    drirshad
    07-09 04:56 AM
    LCA at 485 level should not be considered and that could be the reason u never heard of one .....



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