Monday, June 20, 2011

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  • TheCanadian
    11-25 12:24 AM
    Just wait till the end and vote for the one that's closest to winning.

    I voted for that fish monster thing, pretty slick.




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  • dontcareanymore
    11-12 05:54 PM
    Go for it! She can volunteer (obviously, she cannot get paid for the work she will do). I think it is a great idea to volunteer to establish connections and gain work experience to get ready for a real job.

    My wife did the same thing when she was on H-4 and HR had no issues with that.

    Cheers!

    If you see the regulations, you can't work for free on H4 if that work is generally done for money.

    As some one stated, if you can't work on some thing that appears to have replaced an eligible worker.

    Say for example you can't run a friends consulting company and say I am not being paid. Or teach in a for profit organization. You can however do some community work.

    Some people might have gotten away by doing so , but I don't think that makes it legal or right.




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  • abhijitp
    01-24 07:46 PM
    ^^




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  • Berkeleybee
    05-17 01:08 PM
    All,

    As we wait for the Senate debate to move along, I know there is a great deal of restlessness and a desire to have something, anything happen. A need for reassurance that something will happen fast, or that provision X will be signed into law by ZZZ date.

    I am starting this thread for such questions. Otherwise we have an ever proliferating set of threads with very specific questions like "can we have provision X become its own bill and have it signed by next Friday so I can go home and stop worrying?":)

    I will move such posts in to this thread.

    We will do our best to answer these questions. Hang in there, keep heart.

    best,
    Berkeleybee



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  • seahawks
    01-31 11:48 PM
    Stay focussed, support IV goals, help raise funds, volunteer, spread the word on retrogression and believe in you and for the same cause! Remember, immigration law is complicated, no matter who provides information or posts reply, always consult a qualified attorney for your own case.




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  • masterji
    10-20 01:19 AM
    I think it is best to get your H1B stamped in India and also carry AP with you (if possible) as a back up. Stamping in home country is the BEST and SAFEST. I do not know why so many people get it stamped in Mexico and Canada. Previously, when you could still enter US from Canada with a refused visa,it made sense, but now if they reject your visa you need to fly to India!!!

    But, once you enter using your AP, can you switch back to H1B or you have to use your EAD?

    Not a lawyer.



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  • kaarmaa
    01-19 12:43 PM
    Oh God!!

    How can we stop these EB2I - EB3I fights?

    What unites us? Only in our fights for superiority?




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  • flexi
    04-03 02:41 PM
    Hi there,
    this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....

    Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:

    - Can you work for 2 employers at the same time while making the switch?
    - How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
    - Is traveling to my home country OK while filing the petition or is it better to wait until I come back?

    Thanks a lot!



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  • guygeek007
    11-06 02:17 PM
    Hang in there my friend. My 140 was first filed in Jan 2006 and was RFE'd for ability to pay. This 140 was withdrawn and was refiled by my company's sister concern in June 2006. We waited for a year and then in June 2007, applied for premium processing just before that was closed down. The check and request for premium were returned with the reason that the original labor app was not provided. Then we received an RFE for ability to pay yet once again in Sept 2007. This was addressed in a very detailed fashion by the HR & CPA working closely with my attorney. Finally on Oct 31st there was the approval notice. Thus, my advice to you would be stay put and patient and it'll all work out. Good Luck!

    Congrats...I see hope from your case.
    My case still remains stuck in security check at USCIS TSC...395 days and counting :)




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  • priderock
    06-25 02:42 PM
    That's correct.
    There are many unemployed, but there are not many qualified willing people available.
    Trying hard to recruit IT people for a month. Hardly finding any.



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  • sk2006
    07-14 10:47 PM
    Hi,

    Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.

    Thanks,
    Sangeetha K

    Dear Sangeetha,
    For H1B you may not need exp letter.
    However for I140, you will and you can get experience letter from Ex-Colleagues or Ex-Manager. It worked for me.




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  • the_jaguar
    01-25 05:42 PM
    TOI = Tabloid of India



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  • fromnaija
    11-09 01:54 PM
    Done!

    I would have love to see a section to show that we are law-abiding and the contribution of our family to our community and the economy. For instance my son has graduated college and now working, paying taxes and contributing to the US economy. And I am sure that most of you here who have college age kids are sending them to colleges and sometimes even paying out-of-state tuition to boot.




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  • immilaw
    09-17 05:58 PM
    Folks,

    I need some guidance from experienced folks particularly those who hold MBBS degree from India and are already in US in medical profession.

    My brother has received MBBS about 5 years go and he is doing his practice in rural area. His wife is also MBBS and also holds a diploma on OB/GYN area.

    My question is if they want to immigrate to US what are various paths they can follow to get here?

    Thanks in advance.
    PAN123

    It looks like your brother is on J-1 Visa waiver program. My advise to him is to speak with an attorney.



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  • diptam
    07-08 10:07 PM
    I sent 4 paystubs just like that. Thought of sending W-2 also but they are redundant Information - already gone with 140 app.

    They wont deny your case for not sending W2 , in worst case they will ask
    for it and you will just mail it immediatly ( keep them handy)

    How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?




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  • bigboy007
    02-18 12:14 AM
    Chandu just mentioned that some means of contacting him is made. But he is very pivotal for this . As hez Obama campaign chairman , Senate No. 2 Ranking Democrat. His support or non-support is very crucial to support or not supporting any legislation now and if Obama comes in to picture obviously he will have better hold. We need to get our message strong , hard in a best smooth way possible.

    Also he is against H1b Mis-use. Now does he understand PPL like us in Middle of Nowhere.



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  • bsbawa10
    02-12 05:13 AM
    looks like this is what happening...

    They have 100's of 1000's of cases....thrown in one dark room.

    They have this Q on their computers, with cases approved Namecheck, background check, I-140, FP complete....

    Now, when they are assigned with a case, they will try to find the file....Just imagine its not easy to find the case, but USCIS doesnt put any effort to sort them either.

    So, he will leave that case there, go to next one...This is just my guess...

    EXACTLY, they seem not to be organized and they do not have the will to be organized. They do not have will to find the files and they do not have will to process the case. The easiest thing for them is to pick up the file which they can grab from the top and process it if the PD is current. If you are lucky, you will get GC, otherwise , your file is burried somewhere and nobody excepting you has the desire to locate it. On the top of that , they have no accountability..nobody to check if the IO is doing the right thing or not. Nobody to check if the customer service is giving the right answers or not. Nobody to check if customer service is directing to the right people or not.




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  • ssreenu
    04-13 01:15 PM
    I am not 100% sure but when you are on H1B should'nt you be working from where your LCA was approved for? In OP's case, its remote work but outside USA, in that case I am not sure
    1. if the LCA filed will any longer be valid and that might cause issues with labor dept
    2. what happens when USCIS finds out that you left the country and physically not present in USA and still running payroll in USA plus also the LCA is no longer valid, this might be an issue when your renewal comes up.
    3.how your payroll can be run when you are not in the country?what are the tax implications? you need to have a physical address in US to file taxes, is'nt it? without an address in the specified location and specific state, you will be considered as non-resident.

    when you file taxes as non-resident but a resident of a different country, then you will have to understand the tax treaties between the USA and the resident country and file taxes accordingly.


    You might want to talk to an immigration attorney as well as someone who specializes in taxes(not just CPA, but an attorney who understands tax laws). I dont think this can be as simple as others mentioned. this is just my opinion and I could be wrong. talk to legal experts.

    The answer to a simple question of whether you can work in a different country when you hold H1B is "YES".

    Tax laws hold good for expats(people working outside USA) meaning the same rules would apply if you are living in one sate and working in another state (within the USA). Even in USA, LCA should be filed in every state that you are going to work(no exception), most of the H1 extensions get rejected because of LCA not filed at the client location. I am sure one will have check the tax laws even when you are working out of state(forget about out of country) and if you don't follow the tax laws you will be in a soup when IRS finds it out. Remember to take "Tax Breaks" when you claim expenses. You have to take a 21 business days break within the first year and 6 months break before the 2 years end and the cycle will be reset for Tax breaks. You have to be legally present in the USA to get your H1B extended. Attorneys are the best people to advise on the legal implications.




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  • pnara2
    11-30 08:51 PM
    I have been reading about CIR since last 4 yrs and so far no action has been taken on this topic. Obama administration too is just good at promises! There is virtually no messiah who can help legal immigrants! Time is the only saviour of legal immigrants! So the mantra should be "wait, wait and wait..........."




    brb2
    10-14 10:14 AM
    One of the reasons for huge number of patents in the US is that many companies, file frivilous patents to slow down competition not just to protect their intellectual property. No doubt the patents in the pharma industry are genuine, but a typical product like a freezer may have several hundred patents.

    You are right .. the US has a big headstart; but that doesnt mean it will remain that way forever. For instance, close to 40% of all US patents are being bagged by either non-US entities or foreign outposts of US organizations. For a comparison, it was just 10% in 1995 .. dont remember where I read this, but I will post the link if I can find it again.




    fcres
    08-13 10:32 AM
    Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.

    So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.

    Dec2002 EB3 India.



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