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Monday, June 13, 2011

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  • suren
    10-08 10:04 AM
    My wifes H1b also expired and she is dependent on I 485. She has valid EAD. wht is the present status of her. Is she able to apply for H1b or not.

    Please let me know.

    Thanks for your help





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  • Leo07
    10-07 01:21 PM
    I was wondering about the second part of the question/answer. Thanks rockstart!





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  • stucklabor
    03-16 12:09 PM
    Is filing for 485 to get EAD etc really fraud? I mean it is their JOB to weed out the priority dates that are not current :). Besides if anyone is at fault it is the immigration lawyers.

    Eb3_nepa, read my post closely; read the report as well, and then post again.

    I said frivolous filing of I485, nothing to do with priority date not being current. If the priority date is not current then you are not going to get EAD. Let me give you an example. You could make up a job description that got through labor cert, but for which you don't have the qualifications for. You can concurrent file I140/I485 and get EAD even though your application has no chance of passing. If your lawyer is OK with it - after all, why do they care as long as they get the fee - you have just wasted USCIS' time.





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  • sam2006
    10-01 08:10 PM
    Folks
    this is a Q for my Friend
    He was working at Lehman before the company filed for chapter 11

    ... He has been told that salary will be paid for 3 months

    Right now he is at home and looking for other offers and no H1b transfer has been started


    Question is ... Is he OK ( in status ) currently or a H1b transfer has to be done ASAP

    thanks



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  • sundar99
    02-18 01:14 PM
    Hi,

    Our recent exp :

    My wife got her DL renewal in Jan, she teaches @ Univ of Calif as Asst Prof , on H1 visa - she is on 6th year, they did not ask any questions, we got extremely courteous service from DMV. She got 5 years renewal





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  • etiennelin
    04-02 03:49 PM
    Hello,

    My husband and I submitted I-485 last year (I am not currently working). He already got the green card and mine is still pending. I've got my Advanced Parole in hand. We plan to visit Canada in May . I'd like to ask someone in similar situation regarding applying a temporary resident Canada visa.

    On the column 8 of the 5257 Form "Applicant for a temporary resident visa made outside of Canada", "Immigration status of applicant in country where applying", which optioin should I pick? (Permanent Resident?) What date should I put in the box "valid until"?

    When mailing the visa application, which supporting document should I send? Only the AP and I-485 receipt?

    Anyone with similar experience could give some advice?? Thanks very much!!!



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  • gcisadawg
    04-16 09:34 AM
    Hello Attorney,

    My wife received a RFE on her I-485 for missing medical test (TB test).
    The deadline for responding to RFE is May 9th. She is out of the country currently and is scheduled to return on June 3rd.

    Can we request an extension of time to reply to RFE based on hardship?
    We just need one more month to comply with RFE.

    Does USCIS normally provide extension for situations like the one above?
    I took an infopass appointmnet at Baltimore and they couldn't offer a concrete answer since the case is pending with TSC. They asked me to reply to RFE asking for extension and provide supporting documents. I'm not sure if that would be accepted and results in denial of I-485.

    Thanks in advance,
    GCisaDawg





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  • martinvisalaw
    07-19 11:37 AM
    Hi,
    Could some one let us know while applying for H1 Extension do we need to provide notarized documents if one has traveled outside US on H1B. Are these documents mandatory?

    Also what's the general processing time for H1 Extension.I mean how many days does it take.

    You don't need anything regarding international travel except the copy I-94 that you got when you returned to the US, and the visa and entry stamp in your passport.

    H-1B extensions take a few months, depending on which service center is used. if the company pays for premium processing, it guarantees a decision in 15 days.



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  • sunnymit
    08-10 03:42 PM
    You are right that to get registered in US I would have to marry in US. That's why I was asking if I even need to get it registered in US to file for my green card. Response I got on this forum was Indian registration certificate is fine.

    I want to restate that I got my green card on August 9th 2010. So I need to be married prior to this date for my wife to derive her green card status using mine.

    Thanks,
    Dinesh

    I think you will be fine as long as the marriage happened before your 485 got approved - which in your case is true. However, IMO since your wife is not here in US right now, you will need to do file her AOS via consular processing...





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  • ras
    07-09 09:47 AM
    back in our o'l days we used to say time will come that people will line up for visa to work in India. I kind of see this first article towards that end coming to reality. B'lore is the second choice for people to work outside USA. wow that is great to know.

    Tech job moving abroad? Offshore yourself with it!


    http://news.yahoo.com/s/infoworld/20080623/tc_infoworld/102534




    Ephraim Schwartz Mon Jun 23, 6:00 AM ET

    San Francisco - If your job is moving overseas, maybe you should move with it. Many American IT workers have looked with increasing worry as programming and datacenter jobs shifted to India, China, Eastern Europe, and elsewhere, with companies seeking cheap labor and Internet connectivity making offshoring a plausible business option. Or perhaps your job is staying in the United States, but being handled by an H1-B-visa-holding immigrant or a foreign consultancy such as Tata Consulting Services and Wipro that tends to import its own workers. While some companies have found offshoring to incur more costs than savings when management and quality issues are factored in, it's clear that IT jobs have been globalized and will stay that way.
    ADVERTISEMENT

    Even if your job is not leaving the United States, you may want to move overseas to a tech hotbed to develop new skills or simply to gain the experience of living abroad.

    [ UseInfoWorld's interactive map to learn about 12 hot cities and 6 regions you should consider for tech jobs abroad. ]

    The most popular types of tech jobs outside the United States vary considerably, and emerging IT centers are themselves trying to diversify their own areas of expertise. But as a gross generalization, product support and business process development positions are more likely to be in India than in Indianapolis; embedded software development positions are more likely to be in China than Cincinnati

    Outsourcing yourself to another country is not a new idea. Dubai, in the middle of the Arabian desert, has more ex-pats from around the world, with the majority Yanks, than local residents.

    Taking an assignment in another part of the world -- especially in economically emerging countries -- will enhance your r??sum?? and your chances of getting a better job once you get back to the United States, say the experts. [Story continued below the map].

    "There is a tremendous demand. Every CEO worldwide is interested in China as a market," says Sam Lee, managing director of the consultancy Dextrys.

    And these executives want IT people who have experience working there in order to liaise with local executives.

    [ Have you worked overseas in high-tech? Tell us about your experiences, good or bad. ]

    The paths to working overseas
    How realistic is it to move overseas for work? The answer varies based on the country and, of course, your personal circumstances. Family considerations -- such as finding a job for your spouse and a school for your children -- can make an overseas move much harder for a family than for a single person. In terms of the basic process, however, there are three routes to getting a job overseas.

    The first is to get a work visa in the destination country, the equivalent of the H-1B program in the United States. This typically requires that the employer sponsor you and go through a process proving you are not taking a position a local could fill.

    The second is to get a work-rotation visa in the destination country, the equivalent of the L-1 program in the States. This type of visa lets companies rotate employees among their offices in various countries. It's often used for executives to help them gain experience across different corporate units but can be used for other positions as well. Global consultancies, federal agencies, and multinationals are the typical venues for such positions.

    The third is to use dual nationality you may hold, such as from being the spouse or child of a foreign national, to seek work in that other country. After all, as a citizen of that nation, you have the same employment rights as any other citizen. (The fact that you are also a U.S. citizen doesn't matter, at least in countries that allow dual citizenship.)

    The fourth is to set up your own company in the United States and be a consultant overseas.

    Some locales, like Costa Rica, actually make it easier for foreigners to come in and start a company rather than come in as an employee who might be taking a job away from a local.

    The top regions and cities to explore for overseas tech jobs
    Based on dozens of interviews, InfoWorld has come up with the following regions and cities worth exploring if you want to offshore yourself:

    Regions:
    * Asia
    * Canada
    * China
    * Europe
    * India
    * Latin America

    Cities:
    * Amsterdam, the Netherlands
    * Bangalore, India
    * Dubai, United Arab Emirates
    * Dublin, Ireland
    * Hong Kong, China
    * Kiev, Ukraine
    * New Delhi, India
    * Paris, France
    * San Jos??, Costa Rica
    * S??o Paulo, Brazil
    * Shanghai, China
    * Tel Aviv, Israel



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  • eb2dec2005
    10-24 03:08 PM
    RFE and NOID come with a color sheet of paper with your details and some USCIS internal codes for your case. You can respond by yourself and put the sheet on top - this is for the mailroom to handle your case

    hi Chandu,

    I have used my EAD to join a perm position. I did not inform my employer about it, since he neither paid me while i was out of project,nor retained my health insurance.Although , iam not sure if he has cancelled by I140 or not.

    Please let me know what documents are needed to invoke AC21.
    I just know the job title on which my PERM was applied .
    It was Software Engineer (Systems Software) with MS + 1 Year
    And also i do have a copy of the approved I140.

    Appreciate your help.

    Thanks,





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  • gckalafda
    03-10 10:13 AM
    Hi All,
    I just wanted to share my RFE regarding the "Experience Lettters"

    I got an RFE "Evidence of experience must be in the form of letter(s) from current or former employer(s) giving the name, address, and title of the employer and a description of the experience of the alien, including specific dates of the employment and specific duties."

    The desi company that I worked for in US doesn't exist anymore. I got a affidavit from one of my ex-colleagues who is currently working for a company in INDIA.

    And it worked for me. My attorney sent the documents to USCIS on 3/3 and we got an Approval Notice on 3/7.
    First let me Congratts!

    I have also similar situation where I send my 2 ex-coleague letter(2002), one is notarized and another without notarized for one of the company and other company I have got exp letter with latest date. So I keep my fingure crossed for what ever outcome from USCIS.

    probably they may get today or tommarrow and will see the result.

    By the way which centre you query was? I have got RFE from Nebraska and case transffered to Texas .

    My lawyer sending answer to both centres..



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  • mrsr
    05-25 12:02 PM
    I recently came to know like many desi comanies applying the h1 s for their whole family tree,like cousins, bros, sisters.

    think about them they will sit on the bench forever, also they cannot complain.

    We are inviting the trouble for our own future. I am not aganist the H1b program,but i am aganist about this family business. They come here on fake resumes and fake degrees.

    I would encourage every one to complain aganist them, so that real experienced people will not be screwd up.

    they also play tricks like one person will take the interview for the other one and so forth.

    Desi consulting is a big mess.

    we should act on it.





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  • zoooom
    07-17 06:06 PM
    Guys keep contributing...



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  • YesWeWillGet
    09-13 06:45 AM
    I'll be graduating from med school next year. Per student counsel/student affair office, my seniors are qualified med professionals and are eligible for eb2 category.

    Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?

    Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.

    Thanks,





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  • WaldenPond
    02-24 07:02 PM
    Here is the Senator Specter's markup summary document:

    http://immigrationvoice.org/media/SpecterMark.pdf



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  • vinki
    10-27 01:31 PM
    hi !
    Thank you gurus for your quick response .... have one more question in mind ...
    Is it a pre-requisite to have SSN before applying for a job ?


    thanks
    Vinki





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  • GreenMe
    12-03 01:13 PM
    Thanks for quick replies.

    The reason for my concern is our Company lawyer has been getting calls from almost every person who went to India that they are either receiving 221G or getting denied.

    Four of my co-workers are stuck due to administrative processing. But none of them attended Mumbai Consulate. My company has suggested that consulates are harassing people for no clear reason and hence should avoid India Travel for next few months.

    Please continue to share your experiences.





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  • wata
    10-16 07:15 PM
    Do I have to hire 10 employees at the first day I open my liquor store ?
    Thanks





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    05-20 03:32 PM
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    go_guy123
    07-14 10:16 AM
    I have my I 140 approved and No I 485 has been filled yet. My brother became US citizen so I would like to file for I 130.

    As there is no guarantee in Employment based immigration journey ( layoff , denial etc.. ) I strongly prefer to have I 130 filled. Is there any risk of filling both ?

    Check out the visa bulletin. There also the backlog is 12+ years for F4 - India category. So if you apply now....you will get in 2021 !!!



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