Monday, June 27, 2011

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  • abhikal
    04-28 06:23 PM
    Hi guys,
    please help me out. My H1 will expire May 09 (i could claim about 3-4 months outside of india for h1 extension)
    My question is if i start my LCA < 365 days from H1b expiry date and get it approved and subsequently file for 1-140 and say 1-140 is not approved, will i get H1 7th year extension?

    Thanks for your help and replies




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  • wandmaker
    03-14 06:11 AM
    Friends,
    Has anyone else come accross this problem? I wanted to remitt funds to India and when I logged in to SBI GLS web site I got the following message:

    Due to regulations applicable in your state of residence in USA, we regret that, at present, we are unable to continue offering SBI Express Remit - US (our product using direct debit facility through ACH) till further notice.
    We are engaged in meeting the state's current regulatory requirements, and it will be our endeavor to restore to you at the earliest the convenience you have been enjoying. Meanwhile, you may use the aid of Rapid Remittance (Web-assistance for tracking wire transfers) when you use wire transfer from your bank to send funds to your beneficiary accounts in India.
    Please mail any of your queries to our customer support team at

    Also the remittance options menu has disappeared.

    SBI is working to complete statutory formalities, it will take about 10 to 12 weeks to enable "Express Remit" option. You may have to use alternate options until this gets enabled. Hope this helps!




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  • ascetic
    04-30 11:49 AM
    Just ask your parents to talk to a lawyer in India. Obtain two separate notarized affidavits from each parent. Hope you have the format. Give it your lawyer and tell him/her that they are the sworn affidavits. Be sure to mention in the affidavits that since there was no requirement of a birth certificate 'for my son/daughter' we never obtained one from the authorities earlier. Hence the new extract just for the purpose of filing immigration petition.

    I think your lawyer is just complicating the situation - ?inexperience / jitteriness? When I had to get my BC I had to make my dad travel places on 12 hour trips. It is sad that we have make them run around in their old age. Plus the USCIS is stupid not to accept the date of birth as in the passport. Life is not easy when there are whole lot of dumba&&es around us. Just my opinion.




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  • Pineapple
    05-02 03:34 PM
    Letter to USA Today (Published today)
    -------------------------------------
    Unlike illegal immigrants, our family, including two teenage girls, followed the legal way to come into the USA. My husband, an IT specialist, was asked to come by a U.S. employer. We are from Holland, where some have had a weak spot for the USA since World War II; we took the step of moving to America in 2001.

    After a visa, heaps of paperwork and an extension of the visa after three years � the employer still needs my husband's skills. He also offers his skills to U.S. workers via training. No other experts are available. So, we decided we wanted to stay. Despite legal hurdles, we like it here.

    But, for the past year and a half or so, the Department of Labor has stacked applicants in backlog centers to see whether it is true that no U.S. citizen is available for the job. Officials promise a lot, but we are all waiting and waiting.

    If the immigration legislation adds some millions of guest workers to that stack, what will happen to us legals?

    That's why I was glad to see the commentary �Stingy immigration policy stifles U.S. innovation.� I hope it raises awareness. But couldn't we legal immigrants get the front page for once?

    Betty Innemee

    Livingston, N.J.
    --------------------------------------------------------------------------
    Web Link:

    http://www.usatoday.com/printedition/news/20060502/letad02.art.htm

    Looks like another potential IV member, if she could be contacted.



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  • realizeit
    08-18 11:26 AM
    Few months back, I used AC21 to move from my previous employer to current. Before doing that I contacted a senior attorney at murthy law firm with all my questions. You can take such an appointment with murthy law firm or other major law firms and ask your questions.

    In my case, both titles are different: it changed somewhere from Programmer to Project Leader. Title does not matter. The job description should be similar and the job should fall into the same occupational classification - it need not be the exact same job code. As classification is very broad, you have the option of pretty wide job changing possibilities under the same classification. We can even take promotions using AC21, if the job classification is same.

    So, please don't become a victim of those folks who advice you based on limited knowledge. Contact a reputed attorney for the right information. For me it costed $200 for a 20 minute appointment with a senior attorney at Murthy law firm.




    Guys,

    I need some urgent advice, I have pasted the below job title/description from my labor, and the new job opportunity which I have getting, can you please suggest if that would be a good idea to change job, and invoke AC21..


    Description in Labor

    Occupation Title in Labor - Comp. and Info. Systems Manager
    Job Title - Information Technology Project Manager

    Job Description in Labor:
    Plan and direct information technology products and software application
    development. Technical environment includes ERP/CRM: Oracle Applications, Web
    Methods, Siebel, SAP, ABAP, People Soft; TIBCO, Informatica, Ab-Initio, Data
    Staging, Quality Analysts, Business Analysts, Databases such as Oracle, SQL Server &
    DB2 Languages, PL/SQL; XML, C#, .NET Framework, C++, development tools such as
    Visual Basic, CICS,Weblogic and Websphere.


    New Job

    New Job Title - Lead Application Integration Specialist

    Job Description:

    Plan and direct information technology products and software application
    development. Technical environment includes TIBCO, Java, XML, PL/SQL,Amberpoint, Business Analysts, Quality Analysts, Databases such as Oracle, Development tools like
    Designer, Eclipse, Xml Spy




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  • sareesh
    03-29 08:13 PM
    Hello All,

    I have an Appointment in Halifax Canada but I was wondering if I am eligible for the following

    1 ) My H1B visa expired on 12/09/2006 from Company A
    2) I have I94 from Company B and I want H1B visa from Company B

    In Halifax appointment letter it says that they "issue visas for residents of our Consular district and for state-side revalidations only".

    I am from India and I going to Canada on Visitors visa.

    Please let me know.

    Thanks,
    SG



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  • lostinbeta
    09-05 04:44 PM
    Most Photoshop 6 tutorials also work the same in PS7. I don't really follow many tutorials, so I don't know any of the good sites with tutorials, but if you run a search on www.google.com for Photoshop tutorials you should get something. Even if they are for PS6, they will most likely work in PS7.




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  • tdasara
    03-08 09:14 PM
    The OVERFLOW from EB1 and EB2 is directly going to EB3!



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  • go_guy123
    02-23 10:57 AM
    Hi

    We are in AOS pending status.iam on EAD.

    After seeing the economy Iam planning to send my wife to india. She is pregnant ( 2 months).
    Now I have job and in future if I get into any trouble with project Etc.. I need to pay the medical insurance and will have lot of financial issues.

    How difficult is to bring new infant to US from India while our AOS is pending and apply 485.
    ( Visito visa Etc..)

    Any suggestions.

    Thanks

    I see a rare case. I have seen people ensuring that delevery is in US for the citizenship of child.




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  • Ann Ruben
    07-23 11:37 PM
    The AC21 determination of whether a new job is in "the same or similar occupation" is made based on a comparison of the new job duties and those set forth on the original labor certification application. Job titles are not controlling. So, you need to have a copy of your original LC application and then compare the job description it contains to the duties of the new position.

    USCIS has not provide much guidance on what will or will not qualify as the "same or similar" occupational classification. What little guidance exists comes from a 2005 memo to Service Centers from Michael Aytes:


    "Question 3. What is “same or similar” occupational classification for purposes of I-140 portability?
    Answer: When making a determination if the new employment is the “same or similar” occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
    A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the “same or similar” occupational classification.
    B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of “same or similar” occupational classification.
    C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).


    Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
    Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is 'same or similar.'"


    The bottom line is that in order to establish that your new position is in the same or similar occupational classification, you must first compare the specific job duties described in the original application for labor certification to the specific job duties of the new position. Nothing from USCIS specifically addresses what percentage of identical job duties would be required, but the closer to 100% the better. Job titles do not matter, job duties do. Next, you need to find the DOT USDOL/Office of Administrative Law Judges Home Page and/or SOC Standard Occupational Classification (SOC) System codes written on your original LC/I-140 and compare the occupational descriptions for those codes to the job duties of your new position. USCIS has never indicated what percentage of identical/similar job duties will suffice in either of the comparisons. Most likely it must be more than 50%, and the closer to 100% the better. Finally, a substantial difference in salary is not determinative, but, in a close case may lead to a denial. To combat this, reference can be made to the DOL's Online Wage Library FLCDataCenter.com current wage survey for the occupation. If the new salary is within the range indicated for the original SOC occupation, you can make a strong argument that the increase is due to the passage of time and not to a change in occupational classification.



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  • meridiani.planum
    11-19 02:21 AM
    inline...
    I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.

    I have couple of questions:

    1. How long does it take if to process it using EB3... 4 years, 5 years?
    --its going to take 2-3 years before you can file,then another couple of years perhaps. So yea 4-5 years

    2. How long does it take if to process it using EB2? I am from Russia.
    --if EB2 remains current (it has inthe past, andwill likely remain current in the future also) say an year or 18 months. Thats been the typical time, and also processing dates cameout today and NSC is for instance claiming they are now doing July 2007 cases

    3. Is it possible to switch to EB2 somehow?
    --u will need to redo the LC stage.

    4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.

    --see below

    5. At what step of GC processing can I change a compamy that I work for?
    --6 months after filing the I-485. safer to wait for teh I140 to also be approved by that point. (the law says your I-140 must be 'approvable'. I-140s are taking 12-18 months

    If I were in your place, I would drop this LC and file the one in EB2 asap.




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  • ps57002
    09-30 08:37 AM
    My PERM approval came through Aug 14, so all done in a hurry. 140/485 (concurrent-mailed) /ead/ap sent aug 16th, received on aug 17.

    Since it was done quickly, couldn't wait for PERM hard copy approval (came 1 wk later), 140 was submitted without PERM approval hard copy. lawyer included printout of ETA 9089 approval/form from online with OBM approval number on it, signed by me/employer. Also included screen shot from DOLETA of perm approval.

    My question...from anyone else's experience/info

    Will I get a RFE for the PERM LC hard copy or a rejection?

    How does that affect my pending EAD/485? think i know answer..all goes down, right?

    I hope I get a RFE, not rejectiong on 140.
    anyone have any info, experience, please share..



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  • isthereawayout
    02-22 11:30 AM
    I am trying to port from EB3-EB2 from the same employer.

    Prior to joining the employer, I had MS+2 years of experience. However, the lawyer applied in EB3. The job description read:

    Required: BS+3
    MS+1 also accepted
    Experience in technologies A,B,C,D

    I applied based on my MS+1 experience. Now the same company has another position with a very similar job description with a different title.

    Required:MS+1
    Experience in technologies A,B,C,D

    Q1. Would this qualify for a EB2 position? Do I have to worry about the job descriptions being almost similar
    Q2. The titles are different. But the EB2 position doesn't have "Senior" in the position title. Is there a need to worry?

    Any replies are really appreciated.




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  • nosightofgc
    02-08 02:05 PM
    I completely agree with you. A lot of people complain thatcomapnies hire H1B employees because they are cheap. But I know that I am the highest paid in my group (and I am the only foriegn person in the group. Further when we had head count in the last year for three positions, we could not get enough resumes or hire any one due to lack of candidates with the required skills. At then end we lost the head count. And we have restrictions in our companyto hire any H1B.


    I think this kind of a thing is going to happen more and more in the future. If you cut-off H1-b supply, choke green card process for legal immigrants (would-be), throw spanners into the wheels of a slowing economy by ill-thought restriction-ist policies, how are the companies going to survive (and rake in the moolah for the investors, get fat bonuses to the CEOs etc)? Its just not possible to hire some citizen who happens to be lying around without work, it just doesnt work that way. Skill-set counts. Otherwise, we would have seen a lot more citizens (whites specifically) around our work-places (software/hardware development). It is not pure coincidental and only to reduce wages that one finds tonnes and tonnes of Chinese/Indian folks slogging around in tech offices. Around 2005 when our company (big storage giant) was trying to hire for our Software development team, we couldnt find many candidates even to interview for regular Network programming (C/C++ types) jobs..so we had to go and hire an entry level graduate (MS), a white guy who had no programming skills (was a Project Mgr earlier, and looking for job) and another Developer from Canada. Ofcourse, I didnt even clear the guy with no programming skills but my manager took him anyway as we were not even finding folks to interview..and the guy left after a couple of months unable to cope with programming related challenges..Long story short, you need the right set of people to work the right set of jobs!

    This is something that idiots like Grasslet/Sessions/King etc will never understand. All they are trying to do is pander to a particular vote base and thats what they will continue to do.



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  • tnite
    09-20 10:40 AM
    Tristate folks from CT NY and 2 of them from Nocal are in the NDTV pic link (http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070026637)
    I am in the pic.feels great.




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  • Aah_GC
    03-01 05:25 PM
    the fact that there were so many EAD applicants through June/July - the workload will be very high on USCIS so everyone will file at the earliest ie proposed 120 days prior to expiry.

    Good Point. Guess I should get my act together too.. So can somebody give me some information on what I should do to get an FP appointment on Infopass website?

    Here is where I am -

    Make Your Appointment with INFOPASS -> "Please select Kind of Service you need"

    I have these many options - which one should I choose?

    1. You need Service on a case that has already been filed


    2. You are a new Permanent Resident and have not yet received your Permanent Resident Card


    3. You want to file an application in person


    4. You need information or other services


    5. You need a form



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  • gssh
    06-12 05:12 PM
    I have heard many different stories and I do not know exactly what are the rules.
    If anyone knows please reply.




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  • yabadaba
    06-30 03:23 PM
    Gautam Agarwal...who was planning on going to Wharton based on the july bulletin... have you heard anything from the ombudsman office on this speculation of retrogression???




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  • snathan
    04-13 01:27 PM
    Thanks for the response.

    So you are asking me to first threaten him by saying that I would take this matter to DOL if he does not refund me back. If matter gets really worse then and only then should I lodge a complaint against his firm? Am I right? If I have to complain, what is the procedure. I am just nervous. Please guide me.

    And by the way how much do you think out of $1800,can I ask him to refund? And to just bring to your notice, he is saying this after 1 year. I can even ask him to pay me the interest for 1 year that he's enjoyed on my hard earned money. Right?

    How do you think threating him would stand me a good chance to get my money back. It might even backfire by him not paying me anything (Right now he is ready to pay me something out of $1800 by talking to his finance dept.) and challenging me to the court. I am in India from last october and will be in India till coming October. I cannot agree to his terms of going to the court and all that stuff. And at the same time it should not impact my other H1 petition on which I already have VISA.

    Sorry to put forth so many conditions before you. But I just want to be cautious and work out all pros and cons in my mind before executing it.

    Your help & advice greatly appreciated.

    Thanks

    Send the email. Then if you are not getting anything file a complaint with DOL. If he is sueing you..hire a attorney for couple hundered dollars and draft a response letter. Stating all the illegals things which he is doing like not paying on bench, tell him that he will lose his business and need to pay for the stress you are going through...




    saimrathi
    07-11 03:18 PM
    What about Maria? She can speak for us..
    "With a career in journalism spanning more than two decades, Shriver has served as reporter, correspondent and anchor for world news organizations such as CBS and NBC, and is currently on leave from NBC News."

    http://gov.ca.gov/about/maria

    She is not an immigrant like Arnie though..




    RNGC
    04-26 08:42 AM
    Thanks...This is very helpful!....Feeling a lot better now!



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