Friday, June 24, 2011

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  • desi3933
    03-01 10:38 PM
    Hi,

    I am working for company A and I applied for H1 transfer to company B. They applied for premium processing on 25th and on 27th feb i got RFE.

    RFE is

    All payroll summaries (W-2 ) evidencing wages paid since you began work in H-1B status.

    I came to US on 2006 feb, the attorney is submitting my W2s on Monday. But my 2006 W2 is not good i have only 20K on 2006 W2, 2007 and 2008 W2S are good.

    As my 2006 W2 is not good , does it effect my H1B transfer.

    Please let me know your thoughts.

    Thanks

    When was your last entry into the US on H1-B visa? You need to prove that you are maintaining status since last entry only.


    ____________________
    Not a legal advice
    US citizen of Indian origin




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  • VenuK
    07-09 11:29 PM
    --H1-B Case History--
    Had H1 with company X from June 04 to Dec 07. Applied for extension in Jun 07.
    Got RFE in Feb 08, received Denial on May 2nd, 08.had 2 options at that moment
    (1) Make an appeal ( which i did)
    (2) Leave the country in 30 days. ( which i obviously not choosen)

    Made appeal. same time applied for H1-B Transfer with Company Y with Premium Processing
    on May 29th,2008 through consular processing. Received Approval Notice on Jun 6th, 2008
    with Same I-94 number that of company X. I have to get visa stamped with
    company Y asap.

    --Points to be noted--
    (1) paystubb are still generated with company X till current date.
    (2) passport coming to expiration on March, 2009
    (3) I'm currently working at the client site.(started since Sep, 07)
    (4) Did Masters from Jan 2001 to Dec 2003

    --PIMS Verification--
    I heard new process being put in place.
    does any one knows the email id, phone number or fax to whom i should send the I-797 for Verification process. Planning to go Tijuana, Mexico.

    --Questions--
    Does any one can advice who have gone (or) is under similar situation
    on the following things?

    (1) Is it legal to work in current situation that I'm in
    (2) how good are my chances for getting visa stamped in Tijuana,Mexico.
    (3) Planning to go for stamping in Next couple of months. kindly let me know if any one
    wants to join me for getting stamping done in Tijuana, Mexico.
    (4) Additional information in this related is more than welcome
    (5) What could be the potential questions that can be asked during stamping interview?




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  • pra945
    12-02 03:47 AM
    hello all,

    i attended for visa stamping on dec 1st at Hyderabad consulate so i got 221g yellow form but he retained passport with him. he told to submit all the documents that are mentioned on the yellow form. did any body got same thing. usually how many days they will take for processing after submiting the documents

    Thanks,
    Praveen




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  • Anysia
    03-03 10:08 AM
    FYI: Illinois Joint Committee on Administrative Rules, Administrative Code:

    Title 68: Professions and Occupations
    Chapter VII: Dept of Finacial and Professional Regulation
    Subchapter b: Professions and Occupations
    Part 1340 Illinois Physical Therapy
    Section 1340.20 (a)(2)

    Prior to January 1, 2002, the applicant's curriculum shall have a minimum of 120 semester hours which shall include a minimum of 50 semester hours credit in general education and at least the following subject areas in professional education (a minimum of 57 semester hours required)

    Section 1340.20 (a)(3)

    "Applicants graduating after January 1, 2002 must have a minimum of a master's degree in physical therapy"



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  • ivjobs
    11-06 05:26 PM
    newbie2020 has taken the initiative of arranging the first conference call which was well received among the members. And one of the points he mentioned in the meeting is worth noting here.

    People who are driven towards entrepreneurship have expertise in one or the other field. However they may be looking for help in fields other than their area of expertise. That is where IV members can help each and build their successful businesses.

    For example, some of us may be experts in IT, few in Accounting, few in Marketing, few legal, few finance, etc. And a startup/business needs all these to become successful. That is where we can help each other and grow the businesses. And this is one intention behind starting the IV Entrepreneur yahoo group.




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  • little_willy
    08-08 06:40 PM
    I tried that info from but that info is not complete. I know there are more people on IV site than any where else so thought of doing this poll.

    Thanks
    I meant IV tracker, I hope everyone here is aware of it and entered their details. This will help a lot with analysis. I encourage everyone to check IV tracker in addition to participating in this poll.



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  • Templarian
    08-27 11:16 PM
    Double posting bump this thing.

    I just noticed we don't have a <3 hmm (to keep it traditional or actually a severed heart is the question).




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  • morchu
    05-04 02:02 PM
    Please be aware that logic and emotions doesnt matter much for this.
    Get the exact rules on the basis of which they denied your case, and prove why they were wrong. An attorney will be helpful if you are not good in interpreting the laws.

    My I-485 was denied April 14. USCIS said I only sent them a partial answer to their request for evidence.

    I filed for I-485 and I-130 in Nov. 2008 and in December we had to resend all mine, my husband (sponsor) and my cosponsor's tax info. which we did. My case was resumed but I never received my EAD. I contacted the USCIS regarding this and they responded with another RFE; they needed my cosponsor's tax. info again. We resend the exact same things as we did in December and in the meantime I contact my senator and the ombudsman who both look into the case and tell me the USCIS has promised to respond to me a.s.a.p.

    USCIS's response: My I-485 has been denied, my cosponsor did not send in all his tax info. My cosponsor, who has an identical copy of everything he has sent now three times (everything was in the original application in Nov. too) says it is all there. The USCIS wants us to file for a motion to reopen the case which costs $585. To me this is ridiculous; I originally lost my job (I was working under OPT) becuase they kept delaying my case, and now they want more money? I know it's my word against theirs but we are considering applying for the motion to reopen but was wondering how long do they have to accept or deny this. Also, we are submitting a waiver for the fee due to my husband also being unemployed at the moment and need our savings if we have to leave the country but are wondering if we can also send a check along with the waiver in case they won't waive the fee. They denied the case on April 14, 2009 but did not mail the letter out until the april 23 - we now have less than a week to file for a motion.

    Please, if anyone has any experience with filing a motion let us know about it.



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  • gcformeornot
    02-01 09:28 AM
    Friends,

    Need help and suggestion.

    To my surprise, today I got a electricity bill from Nov11 2008 to Jan23 2009 a total of :mad::mad::mad:$979.00 :mad::mad::mad:

    I leave in a single bed room ground floor 785 Sq ft.

    I have called the customer service for dispute and investigation.:mad::mad::mad:

    Has any one encountered this kind of problems with electricity department. please enlighten !!!

    :confused::confused::confused:

    gas or electric? If its electric then considering record cold months of Dec and Jan..... .... don't know..... still looks on high side.....




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  • maresco10
    04-17 12:06 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!

    I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??



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  • franklin
    12-12 11:49 PM
    It depends on the terms of the contract.

    I think Washington is an "At Will" employment state, so no matter what a contract says, its pretty much !#*$. I'd do some research if I were you -google, get some state specific employment law advice, check your employee handbook etc.

    At Will means that either side (employer or employee) can end a contract at any point, AFAIK

    Employee handbook should spell it out. I guess they "could" force you to use your PTO - don't know of the legality in that.

    Just my opinion, not legal advice:o

    Quick search online got this:-

    At Will

    In Washington, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In Washington, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.

    The most common exception to employment-at will is for public policy. This holds that an employee is wrongfully discharged if the termination is counter to an explicit policy of the government. One example is the discharge of an employee for filing a workers' compensation claim.

    Employee Handbooks

    While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. It also provides more convenient access by employees and managers. At a minimum, an employee handbook should include:

    * A statement regarding the at-will employment relationship
    * An equal employment opportunity statement
    * A policy regarding sexual and other types of harassment in the workplace
    * Internet access, e-mail, and voice mail policies
    * The Family Medical Leave Act

    In Washington, in limited circumstances, the at-will presumption can be overcome and a just-cause employment relationship can be created by an employee's legitimate expectations that are grounded in an employer's policy statements. The employee has to show that the employer, through the employee manual or otherwise, made representations or promises that termination would be only for just cause.

    The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.




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  • pappu
    01-26 03:02 PM
    Press release. Jan 26, 2011
    ==================

    Immigration Voice: President's vision on immigration "in the right direction"

    Immigration Voice (ImmigrationVoice.org - Home (http://www.ImmigrationVoice.org)) applauds the President’s recognition of our broken immigration system that allows for educating foreign nationals in the best universities this country has to offer and refrain from utilizing the investment made on them. The President’s call to reform in his State of the Union speech last night is an acknowledgement that has been decades in the making, he took it a step further by rightly calling out on policies that “makes no sense.” His vision and continued support on finding solutions to fix these problems is a step in the right direction.

    America’s competitiveness and the initiative of keeping the jobs in the US, from being outsourced rests with the highly educated and skilled labor force within the country. The President’s vision of “let’s stop expelling talented, responsible young people who can staff our research labs, start new businesses, and further enrich this nation" is commendable. The highly educated foreign nationals are forced to seek employment elsewhere due to the long waiting periods in attaining green cards. Nearly a million people are stuck in the process and their prime creative years are submerged in the uncertainties of acquiring permanent residency in the country, and their entrepreneurial ventures are curtailed. The need for a bipartisan solution to reform the employment based green card systems that American employers use to recruit and retain the best and the brightest from around the world has become an immediate necessity.

    As the President noted, “No workers - no workers are more productive than ours. No country has more successful companies or grants more patents to inventors and entrepreneurs. We're the home to the world's best colleges and universities, where more students come to study than any place on Earth.” Immigrants come to this country with the very dream the President described, to be a part of the great American workforce, working hard and giving their very best to the country. Aman Kapoor, Immigration Voice founder and president stated, “By tying the economic prosperity with innovation, President Obama has successfully merged the prosperity of our economy with fixing employment based immigration and the tremendous talents that is just waiting to be unleashed.”

    Immigration Voice is greatly honored to work with the Congress and the Administration in finding solutions to the root problems of the backlogs and help clear a path for talented immigrants to contribute to the cutting edge in American innovation and exceptionalism.


    Immigration Voice is a non-profit, national grassroots organization promoting awareness and providing solutions to fix the problems faced by high skilled legal immigrants in the employment based immigration system. Learn more at ImmigrationVoice.org - Home (http://www.immigrationvoice.org)



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  • kirupa
    01-22 01:35 AM
    Ok, proper previews have been added thanks to krilnon! Click on the bolded View Entry link next to each entry to see it.




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  • dealsnet
    04-13 09:14 PM
    Citizenship of child do not consider for cross chargiability. Only the birth place of spouse will taken into consideration, if you file with details shown in the petition.

    Child can be charged to either parent's country's quota, reverse is not allowed.
    http://www.hooyou.com/news/news050807cross.html


    Hi,

    I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....

    Priority Date : Jun-06
    Category : EB2
    I140 Approved : 08/15/2006
    Chargeability : India
    Processing Stage : I-485, EAD, AP
    I485 Mailed Date : 07/02/2007

    My daughter is born in Canada in year 2000.

    My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....

    http://www.visapro.com/Immigration-Dictionary/C1.asp
    Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.

    I would really appreciate your help.

    Thanks



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  • simplistik
    03-08 02:00 PM
    yeah i thought it was gonna be between him, paddy, and me

    LoL... I always assumed it was gonna be between you, him, paddy, and fern... I dunno that's just me. LoL :lol: :party:




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  • continuedProgress
    06-08 02:35 PM
    My $50 (3626-8870-3772-9306) for this effort.



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  • AabTuAgaGC
    06-30 04:36 PM
    Even though, i have everything ready, I will send my docs next week. No need to get into panic gear. If the dates retrogress, screw GC, if not well and good. Honestly, I am sick and tired of this bloody GC. I have far more things to worry about in life than if f***ing GC business. Screw you USCIS:mad: :mad:




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  • kirupa
    01-01 09:02 PM
    I've updated the guidelines to reflect these two issues.

    I put the gradient as a color thing, but I'll clarify in the guidelines that background colors are cool.

    glos - AS2 is fine as well :)




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  • gc_buddy
    01-20 06:15 PM
    I think you should be fine. My understanding is that USCIS would look at your pay stubs to determine if you have a gap. As you will have continuous pay stubs before and after the HI transfer, you should fine...

    I will let other senior people comment too...




    BornConfused
    07-03 11:04 AM
    Texas service center. I think they move much faster than Nebraska.




    sundarpn
    07-19 10:54 PM
    jack_suv, nice post and a good start.

    I am sort of category 4. BUT want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)

    If I change to a new employer after 6 months (NOT on EAD but on H1b transfer):

    1. Will my 485 remain in good standing? Will still need support form the ex-employer? I hope not and 485 receipt notice will suffice.

    2. Can I get 3 yr extension of H1b from the new employer (as I have I-140 copy).

    3. Can I file my spouses 485 whenever the dates become current (despite working for a new employer on H1b.)



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