Saturday, June 11, 2011

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  • mariner5555
    05-28 06:56 AM
    so can anyone confirm this 'no FP if filed via paper' thing?

    As for mailing address, I guess if I do courier the package they all have the same address (N. augustine rd). So in that case, I can send them all in the same packet.

    thanks.
    atleast thats what happened for me. i.e. mine was efiled and I got FP notice. for my wife - paper - no FP. we recd her card ..1 year validity. nothing for me so far ..I am hoping that the delay is because they want to give validity of 2 years :-D




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  • gauravsh
    05-04 06:27 PM
    Not exactly correct. Once, he left the US for a long period of time (except vacation) the employer should remove him from US payroll and terminate the H1B. This is the very legal way. If employer want to receive employee's service outside the US, the employer should "outsource" the work to him. In this case, both the employee and employer must follow export-import rules between two countris and pay appropirate tax in both countries.

    After employee left the US, if employer continously keeps him in US payroll using his H1B authorization for work eligibility, and receives his service or work from abord; it is the violation of LCA work place. If USCIS knows that the employer will be in trouble.

    thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.




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  • looneytunezez
    04-16 01:09 PM
    Per The California State Supreme Court, non-compete clauses in employment contracts are not enforceable in California, except under certain conditions.

    so it all depends on your state.




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  • amsgc
    02-19 12:50 AM
    Count me in.



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  • LostInGCProcess
    02-24 05:33 PM
    Hi-

    I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.

    Thanks

    If your 3rd H1B renewal is rejected and lets assume your current H1 also is expired, then you would have to leave US immediately. There is no grace period as such. But practically, if it takes some time to windup, there is nothing much you could do about it.

    If the extension is rejected before the current H1 expires, you have the chance to file again thru the same employer or another one.

    However, keep in mind, you can always challenge the decision of USCIS, if you think you have a strong case.

    Chao




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  • sravani
    05-16 08:52 AM
    Hi All,

    It would be great if you tell me how to go about with police complain for lost passport? Is it just I have to call 911 or go in person? And what questions they ask?

    Thank You

    You should not call 911. You should call the county police, they will ask you either to walk in to the nearest police station or some times you can ask the police officer to meet at a particular place. In my case I asked the police officer to come to the nearest Fedex Kinko's. He came to Kinko's sat with me and asked simple questions. The officers are usually very helpful and he/she will provide you a complaint no, and visiting card. You need this complaint no. when you are applying for a duplicate passport.



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  • mygc2006
    06-14 11:58 AM
    I thought once your EAD gets approved then you H1 Visa is not longer valid.

    You could keep EAD and H1 together active?? Any experts, could you please throw some light?
    Yes, you can keep EAD and H1 at same time..




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  • another_wei
    05-01 04:21 PM
    Yes, I did leave after being here more 8 years when my AP was approve i went back to China in 2008. The after 3 weeks visit my family I returned to United States and admitted back ok.
    Very strange they asking for school transcript from almost 10 years ago (my F1 start 1999)

    Thank you, thank you! Best I get a Lawyer to answer this latest RFE but i feel much better now. I should be pass I hope!



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  • sundarpn
    06-30 10:55 PM
    eb3retro,

    You changed on h1b transfer right? not on EAD?


    I am just curious if a new employer can keep extending h1b based on previous employers I140 (and the fact that 180 days have passed since 485).


    thanks




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  • amitjoey
    10-26 01:33 PM
    The only people that know what we are going through and how much we have had to suffer becos of this backlog is us (the same people). Unless we open our mouth outside the IV Forum, talk to our congressmen/women, how can we expect relief?



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  • fcres
    07-18 04:10 PM
    Call once again to confirm this news. Some times the reps give conflicting answers.




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  • bigboy007
    07-31 10:08 PM
    No Proof will work, if you receive packet after 17th Aug. So hope for best or will file on oct again :)

    Are you sure about this ? i heard that we can refile with proper quotes saying a filing fee was indeed issued etc ? any comments please?



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  • martinvisalaw
    07-16 06:06 PM
    Lately we have been seeing, USCIS is asking for the proff of continious legal stay and one of the proof's is I-94.

    Say, if one has not made copies of the past I-94's, is there a way we get them by writing a letter an agency ?

    Thank You.

    Is this in RFE connection with an Adjustment of Status filing? if so, you really only need to show that you did not violate status for over 180 days since your last lawful entry (Section 245(k) of the Immigration and Nationality Act).

    In any event, proving that you maintained status does not require showing all old I-94s. You need to show that you were approved for or admitted in a certain status, and that you stayed in that status until it was changed or extended. Approval notices, visas, and maybe entry stamps from your passport re usually enough, and just the most recent I-94. If you held F-1 status, you would need to show your I-20s, visa and proof that you maintained a full courseload as required by the I-20.




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  • tdasara
    02-08 07:33 AM
    L1A is for managers and you actually have to work atleast one year outside the US to apply for a GC (L1A - GC)

    L1B is most commonly used (abused). There is no minimum required pay and has no cap. Moving from L1B to H1b is a nightmare.



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  • tinku01
    07-22 05:47 PM
    Hi, I need to get Police Clearace Certificate (PCC) from India at local police station. Anybody has any format of PCC I mean what they need to write in it.

    It's quite urgent ..please update ASAP




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  • NikNikon
    September 7th, 2006, 05:37 PM
    I guess I was doing this technique before I knew it's offical name, here's the last shot I recall.

    http://www.dphoto.us/forumphotos/showphoto.php/photo/40657/ppuser/931

    Silly me, I did it the hard way, hand held. :confused:

    P.S. Jeff, don't feel bad, I started out with one of those cheap Wal-Mart tripods too. Now that I have a good one the old cheap one comes in handy for my remote flash. So don't throw it out you may be able to reuse it one day.

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  • shreekhand
    09-13 11:39 PM
    gc_peshwa,

    You like to make extraneous comparisons ? Comparing yourself to Nazi treatment of jews in the 1930's and 40's. :confused: Had a bad day or lost your mental balance like Raghunathrao peshwa ?? :rolleyes:




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  • xu1
    08-07 09:32 AM
    http://www.flcdatacenter.com/OesWizardStart.aspx

    Try this DOL wage library for a start. EB2, i guess, needs a level4 wage in your area.

    Hello Gurus,

    I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2

    Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.

    I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available

    Thanks in advance
    Kukitron




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  • ksrk
    01-07 12:44 PM
    I just got back on AP a few days ago. My AP was issued in Dec 08 with validity upto Dec 09. When we entered US in Jan 09, it was stamped with a parole dated Jan 2010exactly a year from the arrival date. I asked the officer as to what would be the actual expiration of the AP since there are 2 different dates (1 month apart in my case). The officer replied that if i had to leave the country again using the same AP then i would have to return back before the original expiration date of Dec 09.

    I have no idea why they would stamp a year from the date of entry when the validity is considered to be the original expiration date.

    Best would be for you to schedule a infopass and inquire to confirm.

    The AP (which is a travel document) just allows you to enter the country (or like I mentioned before) to apply for permission to enter the US.
    The I-94 determines your status and the date on the I-94 (and in the passport) is the date till which you are allowed to be in the US as a parolee. This is usually one year from the date you enter the US as a parolee. The assumption is that you get your GC before that one year is up - and it has worked histrorically - but we now know better, thanks to the July 2007 fiasco.

    Think of this analogy - AP is like the H1B visa, based on which you fill out the I-94. The I-94 determines the validity of your status.

    At some point you might have to get a new I-94 issued (not sure how; maybe local USCIS office can issue you one) if it happens that you don't travel internationally before that one year is up.




    GCHope2011
    11-29 08:21 AM
    Hello ,

    Im currently living in USA , came by tourist visa for 6 months , tomorrow was my experitation date , but my father company in south america filled a petition for me under the L1-B here in the united states. We create a new company here to be the subsidiary and the idea is to get the visa so I can stay here and do the work for the the company.


    My question is , what posibilities are the USCIS can approve or deny my petition?

    Here is the info about the parent company with the us branch :

    Automotive sales , service of authorized delaer of Jeep Chrysler and Doge .
    My job was manage the import area for auto parts being purchased in usa to be imported to the parent company.

    I do not carry profesional degrees however i was in the payroll of the company since 1998.
    I grew up in the company during the yearsd and scale in different titles till get the Import general manager title.

    My job here basically will be perfom the auto parts inspection , purchased from provides in the usa , pay providers and take care of the business financial accounts.

    Is this sufficient to get an approval? or it can be rejected?
    We got asked a lot of documents and payrolls from parent company and so , but Im no sure if this petition is consisent to be approved since i do not have the profesional degree and I dont really see this work can be done for someone american here.


    Then there is another issue realated with me , My petiton was submitted days ago and It suppoused i got an extension while the USCIS review my petition , however , 2 days ago my husband intent to come over the usa to visit me and his child and he had problems in inmigration at port of entry he was locked in a room for several hours and finally he got rejected , he could communicate with me over the phone to le me know what was going on , and he told me inmigration already knew I was here and the y saw my extension but they said they will come to check on me since my status was close to expire , so the said they know everything about my entry cuz they checked on the data base and so , now i want to know , this situation can be an issue to got a L1-B denial? I mean coudl the officers from the CBP write a note about me , since they got all my info , address and so?

    Im really confused , I dont know is i will get an extension removal or what and If i willg et or not an L1-B visa , but since my husband have been banned to come to usa for several years I dont really see the point to get the visa , but some payments have been made by my parent company in south america , so I dont really know what to do , without knowing what status would i get since now.

    How many time does the USCIS take to approve or deny a visa? my petition was submitted on friday.... my expiration date is tomorrow 29 may 2010 ... do i have to leave the country then? the attorney in charge said i was covered but after this problem with my husband im not so sure I really need another opinion .. thank you!
    L1 Visa is for intra-company transfer of an employee based outside the US to a location within US.

    To do so:
    - A company must have a legitimate foreign business presence and should be able to prove its existence and legitimate business operations
    - The person being transferred should have been a genuine employee of the foreign location of the company for at least 1 year within the immediate three years of the Visa petition
    - The company must have a legitimate business operation already in existence in the US - the location to which the foreign employee is proposed to be transferred
    - The company should be able to show the need for the specific expertise that the proposed individual brings to the position in the US, which cannot be obtained otherwise from the US labor market at the prevailing wage rate for the position
    - The company should be in a sound financial position, to be able to afford and pay the salaries proposed for the individual

    All the above conditions are scrutinized very carefully and evidence sought to substantiate them in case of any doubt by USCIS. They usually also evaluate if the US operations have been established primarily to be used as an immigration vehicle

    So, if your application is very clear cut on all of these points, then at least you might have some chance.

    There could be other criteria that USCIS looks for, which I am not aware of (since I am not a lawyer or have any direct experience of L1 filing).




    EADplease
    08-28 03:27 PM
    My I140 is transfered to TSC and so my attorney sent I-485/ I-765/ I-131 to TX... I was actually worried if this is okay -- I thought all I-485 no matter what have to be sent to NSC...

    My attorney gave me FedEx tracking number and it shows it's delivered to Garland, TX and signed by B. Thomas. Is anybody familiar with this name? I thought TSC is in Msquite, TX and I am worried if my application has been sent to a wrong address... I sent all of my application in July 24th...

    Thanks for any comments!

    If it has to be transferred Texas why my employer did this * intentionally * to Nebraska :mad:

    huh.. hopefully it will not delay my receipt date. I am planning to travel abroad and waiting for the 485 receipt notice..

    Thanks for your answers. Really appreciated :)



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