Friday, June 10, 2011

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  • GCeffect
    02-09 01:39 PM
    Both the H1b have the same president's name and address during the application. is that enough. As I left that company and have no good terms with the last company anymore I don't know what kind of proof I can get. Also during the H1b application for Company A I receive some paper from the compnay that mentioned that the payroll of Company B is processed by Company A. All my W2's are from company A even i was working for company B.

    Please advice



    You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.

    This is just one suggestion , ofcourse you have to talk to a lawyer before doing anything.




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  • krishnam70
    03-25 07:55 PM
    -

    Are you serious? Is this a serious question? why did u edit all your posts?

    - cheers
    kris




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  • sundarpn
    08-23 04:36 PM
    I am told that is better to apply for COS after like a semester or two of study on H-4...

    Looks like chaning to F-1 is better since OPT gives a great benefit to finidng a job esp in current conditions where no-one is going to file for an H1b right of the bat...
    Also once on F-1, she is not dependent on the H1B status of the primary.




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  • mattresscoil
    11-05 02:42 PM
    They might not necessarily ask you, but its always safe to have the below documents.
    In our case, they asked us once and the other time, they did not care.

    1. Copies of Passport of both the parents (page with picture and name details)
    2. A letter authorizing your in-laws to accompany your daughter.

    Get it notarized if you can. If not, send the signed copies.

    If you need a format for the letter(nothing fancy, was drafted by myself), let me know, I can dig out the one I used.
    dipmay2002, never_giveup:

    Thanks for the information. I drafted a letter with itinerary, our details, child details, accompanying passenger details, our passport pages, birth certificate. We will get the letter notarized at the bank close by.

    Thank you all for the inputs. It feels great to belong to this forum where people respond not only to immigration related queries but general issues that prospective immigrants face. Thanks to those who voice their opinions too ;-)



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  • dhenuva123
    02-22 03:47 PM
    am still in the same situation....my case is still in " initial stage":confused: ......so friends, my sincere advice is go for premium.....don't go for normal processing .......p




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  • PDOCT05
    10-30 10:59 AM
    what does ur online status show btw? also ur dep's earlier checks havent cashed right ? dumb Q :-( one of my friend got in to similar situation he sent it back and checks cashed not sure how much did he sent though.

    The status shows application received and rejected. As per the notice the reason is missing signature.The check's haven't cashed..,can you please check with your friend how long it took for him to get the check's cashed after re-sending the application?



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  • waitin_toolong
    09-17 10:52 AM
    I dont understand your first question, what do yo mean be switch to company A using EAD as well as on H1 for B.

    you cannot use both H1 or EAD at the same time.

    If company A is dying then it might be better to switch with the understanding that I-140 will not be revoked but if an RFE arises then someone will be able to provide docs etc.
    As for H1 renewal you cannot pay yourself maybe an equivalent reduction in salary might work




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  • popoye
    04-27 12:28 PM
    receiving RFE during 485 stage has become more of a common thing. Dont worry about it. Once you get the letter, prepare a response with the right evidence with the help of the attorney, and you should be fine.



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  • rsharma
    10-11 09:42 PM
    Now that you have left your abusive employer, would you mind disclosing your ex-employer information?

    Friend, this issue is not only with my ex employer. As far I know most of the major consulting companies based in my native country who bring in L1s do the same stuff as the creator of this thread had reported.

    I was with one of the major consulting companies from my native country.




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  • quizzer
    01-08 06:18 PM
    One of my colleague did withdraw his PF in an exactly same situation (not in TCS though), and you can definitely file 10C and 19 directly with the PF office without involving your employer. PF administration is now much more efficient and strictly works on behalf of employees, not employers. Even if any PF amount is not deposited by the company, PF has started taking immidiate actions against them.

    Thank you richi.

    Iam also thinking on the same lines.

    Also looking forward to any TCS PF withdrawal experiences.

    Thanks



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  • leo_loco
    10-21 08:31 PM
    Friends, can someone help answer a few questions for considering filed I-485 and adding spouse at the later. I am planning to get married in the January or february time frame in India. I have read at several places that one can add spouse anytime BEFORE 485 APPROVAL. I work on H1B, I am from India and my priority date is Oct 06 with approved EAD and I 485 pending. I have some specific questions in case my priority date becomes current. My question is -

    1. Can I travel and enter on my H1 even if my AP is approved/pending?
    2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?
    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?


    Thanks for any/all additional help you can provide with my scenario. I can be flexible if someone has any suggestions that can help my case.

    Of course I will be taking my lawyer's advice and use your suggestions to enchance my knowledge and present some scenarios to the lawyer.

    Thanks for all your help!!




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  • english_august
    09-17 09:07 AM
    All of you who are in DC today and tomorrow...please keep sending updates to either media_at_immigrationvoice.org or at legalimmi.dcrally_at_blogger.com.



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  • gregspirited
    03-25 02:18 PM
    She will need to complete a 3 year waiver in medically underserved area or a 2 year home return before you can file for her adjustment of status(I-485).
    We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
    So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
    If you need details then PM me.
    Everyone has their own priorities and their own way of dealing with the situations.

    Thanks for your response. I understand the process for J1 waiver and I have PD of Oct 2007 and hence not worried about including her in my 485 for now.

    I'm more worried along the lines of her J1 visa stamping and problems at port of entry while returning to US. Since USCIS knows that I'm planning to immigrate to US (due to I-140) will they ask any questions or make her life difficult or reject her visa while stamping.

    Did you wife go through J1 stamping when your I-140 was approved? Can you also provide your email id to know more about J1 waiver details in your case and how you handled it. It would be useful for us in another 3 years :-)




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  • Jerrome
    07-27 12:33 PM
    What was the RFE on the Birth Certificate and 325?. It would be helpful for people who are filling now to avoid the mistakes.



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  • zico123
    04-20 01:39 PM
    As per Lawyer need to file for amendment before EAD expires. Need I-20 from Kaplan and another application fee ($190) + PP fee($1,000). :( But at least H1 is approved :)

    New I-20 must be valid till Sept 30th and must start either before EAD expires or within grace period (EAD expiration date + 60 days)

    ** Best of luck to others still waiting **




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  • rkgc
    11-18 05:43 PM
    I recently booked interview appointment for Dec in chennai, I used IE all along, there are some bugs when you use firefox.

    RK



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  • visshy
    09-15 12:52 PM
    so a person whose EAD expires but is waiting renewed EAD card has to resign and then be rehired??? Isn't there some clarity regarding this?
    exactly what i was wondering...coz HR will ask for some legal documentation to back up the story of being able to go on unpaid leave, but having to be off payroll and then the I9...what happens to insurance then?

    her company is a US based company not desi consultant




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  • Libra
    11-15 02:08 PM
    bumping the thread.....anyone out there to join MN state chapter?




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  • Saralayar
    07-17 05:47 PM
    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

    Does this mean that we have to file I-485 before August 1st?. From August 1st, the August visa bulletin is effective and all the EB category dates are U.:confused:




    gc_chahiye
    09-20 05:55 PM
    The best thing for them to do or what they should have done is after 140 approval, they should accept 485 and process and keep it ready for date to become current. When current , they should mail the GC that month.

    I dont understand the reason of why they want to accept when current only ?


    because the law says so:

    From the Immigration and Nationality Act's Section 245(a):

    (a)--Status as Person Admitted for Permanent Residence on Application and Eligibility for Immigrant Status

    The status of an alien who was inspected and admitted or paroled into the United States or the status of any other alien having an approved petition for classification under subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) or may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.


    This was also brought up at the time of the July bulletin reversal and in the past was one of teh things that IV was hoping to get changed through legislation.




    CaliHoneB
    09-21 10:58 AM
    There may or maynot be Department of Labor involvement here but I think USCIS needs to help up more than anybody

    After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.

    I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
    The solution is simple
    Eb2 = B.S+ 5 years of experience or M.S degree
    So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)

    I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
    I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
    Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
    The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
    I know it is a wishful thinking but I see this as a most practical solution on the table.



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