Wednesday, June 8, 2011

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  • neha_garg123
    01-08 07:22 PM
    I rue for the big "premium" company that has hired a "premium" MBA graduate that cracks under pressure. A Satyam waiting to happen I guess ... best of luck


    Thanks a lot Hinglish. Btw are you really sad or just a pessimist? Anyways I pity u!!





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  • gnutin
    06-10 02:36 PM
    Thanks for your immediate response, gnutin and thomachan72.

    Mr.gnutin,

    Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.

    As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario

    1. If my labor from my previous employer (A) is approved (which in my case)
    2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)

    Thanks and Regards,

    H1B transfer has nothing to do with your Labor or I-140 approval. The "transfer" is really like a new H1B application and will be treated as such. The I-140 approval comes into play only if you are past 6 years of your H1B, which you are not.





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  • SanjayP
    07-05 04:47 PM
    As just as importance, read the laws. A traffic ticket turning into a weapons charge because you kept it in a glovebox without authority would be bad for future immigration purpose. Note I do not know if example is valid, just saying you never know and there are laws about how you keep them around yourself.





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  • dealsnet
    08-04 03:28 PM
    I think the abused spouse cause is for the people getting GC with family based catagory. The temporary GC holder after marriage can do this with the help of the lawyer. The spouse abuse and all kind od stuff, to get GC if the husband/wife is not supportive. I know a person got that way after he is abused by his wife and got separated after she bring him from India.
    For employment based GC, she yet to file I-485, I don't think she can file forcefully without the help of her husband. Employment based GC for the dependants is a permanent one, not like family based upon marriage.
    Talk with a lawyer to find out the options.
    Best way is to reconcile with the husband.

    She/her friends can discuss this with her husband. If he supports apply for 485 and wait till the approval of that . She can file divorce after that.

    If her husband is not supportive and doesnt want to add her for 485 then there is a special category (I dont remember the exact thing)/something like under certain circumstances ( which is like you are Abandoned by husband without no fault of your own and if you go back your hubbys family is going to harass you ...) This u need to check with a lawyer

    Rajesh



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  • s416504
    10-11 03:47 PM
    I recently filed 3 year H1B extention and My lawyer asked me following list of things ...
    a. a copy of your updated CV/resume.
    b. Copy of your earlier H-1B and I-797 approval
    c. Copy of your I-140 I-797 approval notice.
    d. Copy of I-485 I-797 fee receipts for you and each family member.
    e. Very clear copy of each family members' passports ID/expiration page (preferably color).
    f. Very clear copy of each family members' most recent US visa (preferably color) and their I-94s.
    g. Copy of EAD and advance paroles for you and each family member.

    That indicated USCIS may be looking at I140 as well as I485.
    So there is no clear cut answer for your question. I guess Your H1B extention could be risky..

    Other question for you... You said Your I140 approved in Jan-2009 & job changed in Feb-2009.
    I am not sure, For AC21, 180 days counted from I140 approved date OR I485 filed date. If that's from I-485 filed date, Looks you are safe for your H1B extention.

    I still advice you to use well know attorney (Khanna/Murthy) for this type of critical questions.





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  • freddy22
    07-17 11:41 PM
    misdemeanors can be CIMT's if they involve theft or dishonesty. a single misdemeanor might qualify under the petty offense exception, but because your son now faces a second conviction, the petty offense exception won't apply. One question: are you a naturalized US citizen? If so, your son might actually be a US citizen as well.
    does not the INTENT to cause harm or INTENT to steal decide whether its a CMT?
    He has on record 1 criminal mischief 4th and 1 petty larceny - he was with other boys when THEY joy rided snowmobiles - he did not steal anything just tagged along with them and rode with them but he did not intend to steal or take anything - both the criminal mischief and petty larceny charges are tied into this incident:
    His latest charge will be reduced to a simple TRESSPASS from Burglary 2nd we know that as the DA has already indicated that to us:
    So does this information make any difference to your opinion?
    I thank you for responding!
    He is a green card holder since December 2005 and eligible for filing naturalization in November next year but we have been physically present in the USA from 1999 gained entry legally and changed status while here:
    He has no priors to any of this:
    He has no convictions in any other country:
    His mischief and petty larceny charges for the snow mobile incidents were charged as a youthful offender and sealed supposedly:
    He is 19 in November this year:
    He has never left the USA for any period of time or vacation or anything



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  • dpp
    10-28 02:56 PM
    Lynne,

    I live in Fishers (126st), but work on West side of Indy (US 36 road towards Avon).

    I will make it next time for sure. I am not familiar with Carmel roads, but after yesterday's confusion, i have got some idea.

    DPP

    DPP once again, I am sad that we did not get to meet yesterday.
    Where are you based in Indiana, maybe you work in Indianapolis? I work in downtown Indy and can always find time to talk to a fellow sufferer.

    Lynne





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  • gchopefull
    10-02 02:54 PM
    yes it was approved labour and not a subsitution.



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  • pokemon
    05-27 12:37 PM
    Thx
    Pokemon





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  • JunRN
    09-26 02:23 PM
    Good to see approval for July 3 filers. Atleast NSC is on track.



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  • sriramkalyan
    09-15 04:05 PM
    Last time CIR had sweet deal for Illegals ..
    Pay $100 and get Z visa ( Work Permit ) .. --> GC --> Citizenship ---> Vote for ?? ..

    For Legals ...go back and restart in new queue .. We dont want to skilled people be free of our companies. We expect you to be enslaved ..We are leader of Free world.





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  • greenlight
    02-18 05:02 PM
    go to USCIS cases status page and create an online profile. Then you can add any immigration cases by case number to your protfolio. Once you do that, you can see the Last Updated date everytime you login. Everytime you get status change on your case, the LUD will change. But sometimes, LUD will change without any visible change on your status (known as "soft LUD").

    Soft LUD can happen due to routine processing of your case (for example, they update results on FBI namecheck, fingerprint, etc.) or could be generated completely randomly due to general system updates. So LUDs should be taken with a grain of salt.

    Hopefully that is a complete glossary of everything LUD.


    Thank you very much!



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  • nixstor
    02-24 09:57 AM
    That was just what I knew. For example NV does the same because they dont have state tax. They don't see a reason why they should give instate for people on temporary visas and do not pay taxes to the state. They consider us as people who are here on Non Immigrant visas who will leave any time. As you said ,TX might be more considerate.





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  • nashim
    05-19 11:53 AM
    Hi,
    Can some body please let me know exactly what documents need to be send after e-filing for EAD renewal.

    Following points are mentioned in the e-filing confirmation Receipts:

    1) DO attached one copy of this Confirmation Receipts
    2) DO keep the extra copy of confirmation receipt for your record.
    3) DO NOT send a copy of your e- filing application
    4) DO NOT include any applications or fee
    5) DO NOT mail photos or copies of identification

    I did NOT find any where like we need to send, passport copy, drive license copy, photo.



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  • hary536
    05-20 03:51 PM
    Hi, Thanks for the reply.
    In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
    So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.

    Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
    file an amendment? If yes, which H1B or LCA or both?

    Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?

    1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".

    2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.

    3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.

    Have a good day!

    ________________________
    Not a legal advice
    US citizen of Indian origin





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  • Anders �stberg
    June 16th, 2005, 11:03 PM
    Thanks for the interest and comments guys! I think I'll keep the pictures as is for now, they are dark but at the same time that brings a mood to them. Nik, your picture look a little bit too bright to me but it's a nice try. Maybe I could try some selective dodge to bring out the eye and some other details without brightening up the whole scene.



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  • logiclife
    06-25 06:36 PM
    Hi all,
    My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
    Is it true that it is not a ground for denial?
    Is is possible to send it it separately to complete the file?
    What would be your advice?
    Thanks is advance.

    The most recent USCIS memo says that if initial evidence is missing, then they can deny the petition without bothering to send the RFE. This is memo as of June 17th.

    Employment verification letter is listed in the intial evidence on 485 form. So it is very risk to send 485 without that coz it could get denied without you ever seeing an RFE.

    Ask your lawyer if he has read the USCIS memo on June 17th. If he hasnt, then send him/her this link:

    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    Thanks.





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  • rskanth
    08-08 06:19 PM
    And you know this how?:confused:





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  • Hermione
    09-25 03:52 PM
    My wife is in h4 now and received the EAD. I also received it, everybody is saying if she uses her EAD her H4 will be invalid. Is that a good or bad thing? What about she lost her job after three months? what will be her status? also is we travel using the AP what will be her status? or it doesn't matter as long you have the EAD and AP......

    As soon as she starts using her EAD, she will lose her H4 status and will be in authorized presence. That is kind of a temporary presence based on her pending I-485 (neither EAD nor AP provide any additional status), which is not status, but perfectly legal. When she travels with AP, she may either get admitted as H4 again (and lose it again when she starts working), or she may be paroled into the US, which means that she will be in authorized presence.





    krishmunn
    01-24 02:40 PM
    Guys, sorry I do not understand the numbers very well. Assuming the same amount of spillover numbers for 2011, what will be the status of EB2 by December-2011??


    Thanks,
    Prasad.

    Probably around April 2007. I was hoping it will clear till July 2007 but does not look like





    Anders �stberg
    June 4th, 2004, 02:24 PM
    :D :D

    That's funny!

    And, I don't mind at all. :)



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