Monday, June 20, 2011

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  • indyanguy
    02-23 06:37 PM
    I already finished 14month 8days and still pending in NSC

    14 months 8 days!!! I am already getting frustrated after waiting for 7 months (NSC) :mad::mad::mad:




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  • aristotle
    01-31 01:51 AM
    If one transfers H1 after I140 approval, employers should have no reason to withdraw the I140. Unless ofcourse for revenge :)

    Right now, a lot of big companies withdraw I140 and reuse the labor for another applicant. With the new law in place, employers have no motivation to withdraw the I140.




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  • sledge_hammer
    02-07 04:07 PM
    Take the poll people ...

    Thanks!




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  • docwa
    05-04 05:56 PM
    I discussed my situation with Mr Finklestein a senior Lawyer, with Sheila Murthy firm. He says, I can anything with my time as long as I have an employment offer letter that has a job offer to match the labor cert at time of adjudication. With Eb2 India being as retrogressed as it is, that could be 5 years away. I am going ahead with fellowship on EAD.



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  • vikrantp
    12-23 01:35 PM
    Can I port a PD from Company A when the company got bankrupt and closed after I moved to Company B and started my new LC and I140.




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  • logiclife
    02-01 12:29 AM
    Everyone:
    There has been enough discussion on this topic.

    UnitedNations (Nadeem) is welcome to post on these forums and we would all be grateful if he can answer some questions related to 140 filing and other issues that he has expertise in.

    However, there is no point in trying to prove to other people who do not know him as to whether or not he can contribute in any way, and how much. What is the point of that exercise?


    Unitednations:

    You are welcome here. However there is no point in this thread that debates your potential value.

    Your help to members here is welcome and the community would be thankful to you for your contribution.



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  • drirshad
    10-26 06:19 PM
    My case went directly to CSC for H1 extension and is pending since July 10 any idea others have same problem.

    Application Type: I129, PETITION FOR A NON IMMIGRANT WORKER

    Current Status: Your I129 PETITION FOR A NON IMMIGRANT WORKER was received on July 10, 2006. We will mail you a decision as soon as processing is complete. You can use our processing dates to estimate when this case will be done. Follow the the link below for current processing dates.
    Edit/Delete Message




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  • AgentM
    06-03 06:20 PM
    I don't have the I-140 application ? is it still a problem if I switch companies?



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  • LostInGCProcess
    11-10 03:56 PM
    Hi forum users,

    My wife is on h4 visa and we have found a volunteering position for a profit company.

    Is it legal for people on h4 visa to volunteer (meaning not getting paid any type of salary) for a profit making company.

    You may ask why we are doing this, if we dont make money, we are doing this to gain experience here.

    So that once we get our EAD we can use it to work.

    Does any one have any information about this. Because it is not a non-profit company it is a profit making company.

    The field is not IT , it is drug and pharmaceutical related and is mainly bio-tech.

    Thanks.

    The answer is a BIG NO. If that job, for which your wife wants to volunteer, is technically a paying job, then he/she cannot volunteer, being on H4 who can't work.

    Consult an attorney to make sure you are not unintentionally crossing the legal/illegal line and breaking any immigration rules.




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  • hoolahoous
    03-18 11:20 PM
    if H1b withdrawal is mandated then why do most of the employer's do not do it ?
    shouldn't it put them in a legal situation ?

    here is what I found on one of the murthy's posts

    According to Department of Labor (DOL) regulations, an employer must continue to pay the H1B worker until there is a �bona fide� termination of the employment relationship. It is not clear exactly what constitutes a �bona fide termination,� but one viewpoint is that termination occurs on the day the employer notifies the H1B employee that the position has been terminated and all obligations for payment of wages terminate on the date of employment termination. The other viewpoint is that a termination only occurs when the H1B employer notifies the INS of the termination, the H1B petition is cancelled and the employer complies with the return airfare obligation for the employee. Please note that INS does not expressly spell out the options and therefore this is an unclear area of immigration law. As it can take several months for the INS to act on a revocation request, employers generally do not continue to pay wages until INS takes action. The employer usually notifies the employee of the termination date and discontinues any salary or other payments at that time. Thereafter, they notify INS.



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  • glus
    01-02 12:39 PM
    Appreciate the responses...my concern was whether a potential H1B denial would cause problems at port of entry when using Advance Parole...

    Normally not, unless the IO marks the passport as "inadmissible" for any reason.




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  • chanduv23
    07-06 09:49 PM
    with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.

    Cheers

    Kris

    Issuing RFE or not is an individual decision taken by the officer. In most cases, RFE is issued when 140 gets revoked because an underlying job offer is a necessity. Even if you sent AC21 letter, as long as your 140 is still intact, the officer may chose not to issue an RFE.

    Some people have received RFEs in more than one ocassion. Once when 140 was revoked and once during preadjudication process. So if for some reason USCIS decides to do a second round of preadjudication just because they have not other work or any specific reason then we may expect RFEs (This is something I made up - I don't think there will be another round of preadjudication.

    Informing USCIS in advance helps rarely but maybe useful at times if you know your 140 could potentially be revoked and in a lot of cases 485 gets deined as a result. The MTR filing process can include a communication trail about informing USCIS which could be of help.



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  • lost_in_migration
    05-15 12:33 PM
    Is there already a poll like this for EB3?




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  • binadh
    10-02 11:22 AM
    Are there any new updates? My case was filed in Jun 07, responded to the query in NOV 07, and it is still pending?

    What the &*^% is going on? !!@$%ing DOL.

    :mad:



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  • sheela
    10-05 09:58 AM
    Recently a friend of mine hot has GC approved. He is EB2, PD Dec 2005.


    Nothing makes sense.

    Thanks
    Senthil

    hi, Do you know: How recent, which nationality, when was his/her aos filed




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  • waiting_4_gc
    07-20 02:06 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?
    1. Can I apply EAD myself?
    2. will I get in trouble if I do not have EAD and my H1 expires?
    3. Can I move to new employer using AC21 without EAD?

    You can apply for EAD
    I believe you have to have either EAD or valid H1B
    You can move to new employer using AC21 WITH EAD


    ----------
    Contributed $100.00 so far.



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  • eastindia
    08-20 12:06 PM
    Ron says, The USCIS teleconference concerning implementation of PL 111-230 provided the following information:

    * The effective date of the new law was August 14, 2010 and all petition submissions postmarked on or after that date are subject to the new tax.
    * The new tax only applies to companies that have:
    o 50 or more full and part time employees in the US; and
    o At least 50% of those employees hold H1B or L status.
    * If an employee has an EAD, but is working using an H1B, that employee counts toward the total. If the employee works using his or her EAD, however, the employee does not count.
    * The new tax only applies to new H filings (including change of employer filings)
    * The new tax DOES NOT apply to extensions or amendments
    * The total new tax is $2,000, not the higher amount originally feared
    * The CIS confirmed that the additional fee must be paid by the petitioner and not the employee
    * Both full and part time employees count toward the 50 employee threshold
    * Any L2 employees, working using an EAD, also count toward the total
    * The CIS is in the process of developing a new I-129 form to capture information concerning the new fee
    * The CSC and VSC are attempting to screen existing cases, with filing postmarks on or after August 14th. For those that are found likely to be subject to the new tax, they will issue RFEs
    * DO NOT send checks to the CIS for the additional fee until you receive an RFE.
    * New filings by exempt companies should include a signed attestation that they are not subject to the new tax.
    * Best practice, use a separate check for the new fee.




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  • GCOP
    01-08 03:51 PM
    If you have already sent passport along with I-94, don't worry. They will return your Old passport with I-94 & New passport.
    i did not remove the i-94's and have already sent the passport for renewal. i do have a scanned copy of the i-94's. is there anything i can do at this point to get back the i-94's? i hope this does not pose a problem when i plan to travel outside the US. any advice is much appreciated.




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  • purplehazea
    06-11 01:00 PM
    This is a weak president making rhetorics which never pan out. He knows his time has come to step out and this is only an attempt to use his left over strength. Honestly the president no longer enjoys support of his own party members and this is only rhetoric. There is just not enough time to move this through senate, house and then agree on it all.




    abhijitp
    02-14 06:09 PM
    This doesn't feel good :o

    For the same reason, please help yourself to the NORCAL thread;)




    kookoo
    08-03 07:20 PM
    If the letter was already sent to the USCIS can i stop further processing of my application?



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