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  • spicy_guy
    03-28 11:45 PM
    If you are on H1 and employer is not paying weather or not you are on bench, you must report that to DOL. There is a form w-4 (I don't exactly remember the form).

    Employee must be paid ALL THE TIME on H1. Period.
    That's the law.

    Problem for you is, technically you will be out of status if you are not paid.




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  • alterego
    09-22 08:49 AM
    http://www.dallasnews.com/sharedcontent/dws/dn/opinion/editorials/stories/DN-inline_21edi.ART.State.Edition1.427fa5a.html




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  • pmb76
    07-17 05:42 PM
    Hi,
    This is for a good friend of mine. He is going to get married in dec 2007. He has already applied for 140 premium processing. There is a opportunity to apply for 485 by end of this month and he has asked me for advice on this matter. His labor has PD March 2005(got cleared).

    My request to all IV members is to give me some advice that I can pass on to him.

    Please help !

    I think due to rescinding of the July visa bulletin dated July 2 there will be severe retrogression starting October 2007. Your friend should apply for I-485 now and he can turn in a follow-up I-485 for his wife after he gets married. You have to just hope that the priority dates do not become current before that. If there is any inklink of that happening in Oct bulletin I think he should try to get married sooner.




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  • whitecollarslave
    02-10 01:05 PM
    All the tactics used by groups opposing EB immigration and in particular H-1B visas center around one central theme - foreign (H-1B) workers are cheap labor. While they may have identified specific cases, it is not representative of the entire EB (and H-1B) community. Most of us are paid much more than higher end of prevailing wage, plus 10-20K in immigration costs. Many of us are physicians with NIW and working in medically under served areas.

    How about we stand in silent, peaceful protest against the H-1B ban to show that the common perception of H-1B workers is not all correct. I suggest we do this either in front of the Capitol on the day when the House-Senate joint committee is considering the bill or on the day when President Obama signs the bill in front of the White House. Our goal will be simple - we will try to pass on one message - We are not cheap labor. The way we do this -

    Each of us will create a poster with our 2008 W-2 blown up that shows the income (100k+), show that we are paying all taxes (Medicare, SS, etc.). We can scratch off employer name, address, etc.
    We can wear white strips around our lips to symbolize our protest to be silent, peaceful.
    We can have some flyers ready with relevant information.
    These are just some preliminary ideas. I am sure others here will have much better ideas to get our point across - We are not cheap labor.

    I know skeptics and nay sayers tell me that this is useless, etc. etc. I have two things to day about that - First, if we don't do anything we don't gain anything anyways. Second, I do not expect the Congress to change anything just based on any protest like this. What this will do is that it will plant a seed of a forgotten concept that foreign workers like you and me are not cheap. I feel confident that we can find somebody to report this.

    Anybody up for it? Even if 10 of us are ready I think we should do it. Timing this right is important. We have to move swiftly.



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  • jsrajavel
    06-20 06:33 PM
    Thanks for clearing this up.
    Did USCIS representative provide you any reason as to why all the I 140 approvals dont have A# ?

    Sorry! I did not ask that question.

    I've seen few of the approved notice which had A number and couple of them were blank which was approved after mid 2006.




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  • setpit_gc
    08-13 04:15 PM
    643 people viewed this so far but only 2 responded.

    Please I need more views before I make decision



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  • msgoud
    03-08 09:13 AM
    looks like employer failed to file updated LCA,i am not sure if an updated lca WILL HELP.




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  • manderson
    01-19 07:41 AM
    Is it possible to set up a poll to monitor the rate of I-140 approvals from NSC for eb categories?

    http://www..com/usa-immigration-trackers/i140-graph/



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  • rpulipati
    10-05 03:11 PM
    I had similar situation in labor process. The new company attorney mentioned me to do an amendment for labor processing, however I was reluctant and did not continue with it. An year later on pending labor, I received RFE: something like unable to find company. Attorney then sent the company acquisition details. Months later labor got approved.

    Talk to your attorney.




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  • sidd_k2002
    02-10 05:10 PM
    Hello All,
    I am in a very odd situation which i would like to explain and get help from people here. I am a computer science student,who came on a F1 visa in USA in Jan 2007. I studied hard, and got good grades , and thereby got an internship in a good company immediately after 1 year , in Feb 2008. I was working on CPT(Curicullar practical training i.e work permit),which was full time, until Jan 2009 ,when i graduated.
    Now i want to call my parents on a Vistors B category visa for my graduation.
    I have a full time job since one year, so i am thinking of the fact , whether i could send a sponsorship letter to them in order for them to visit for my graduation ceremony. I have already taken a invitation letter from my school to invite them. Following are the points of my concern.

    1: It was shown 2 years back that my father sponsored me for my education. So is it fair enough to show that i am sponsoring him immediately after 2 years?. Please note that i m still on F1 visa, and working now on my OPT. (My H1 will be filed this time in April 2009)
    2: I read in a forum that students cannot sponsor there parents for there visitors visa for there graduation, because they are the ones ,who take there sponsorship, when they come for there studies. Is this true enough, even if i am working for 1 year now.
    3: My father has already retired from a bank job, so he is not working. All his funds are in FDs (about 7 lacs), with a liquid cash of around 8 lacs in the bank, and a pension amount of 9,000 rs per month( which is quite low to tell to the visa officer). Is it okay for him to show his self sponsorship for him and my mother in this case? Will these funds be okay? If he is retired then will his income be not asked by the officer.
    4: My parents visa has got rejected twice 3 years back, when they were trying to visit USA, under the sponsorship of my cousin. Then will this thing affect the issue this time again?

    Friends i really want my parents to visit me for my graduation this MAY.They are in a dilemma about what to do in this situation. Please advice me in this case.
    Thanks in advance



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  • luncheSpecials
    02-11 03:22 PM
    where is the link ?




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  • cherupally
    09-10 10:36 PM
    I got an RFE on I-485 for the incomplete medicals. The RFE says that a 'specific' test results are missing and they need that test results to complete my application. I went to the same doctor and the lady there said, I did take that 'specific' test last year when I had medicals, but doctor forgot to mention that results in I-693. She said she is going to fill out a new I-693 form with all the results including the missing one (from old results) and will give me that sealed cover. Will this be enough? or do I need to take that 'specific' tests now and send the results?
    I am planning to send the results tomorrow overnite.
    Also, my Immigration Office number is 009 with TSC. Anybody got any approvals from this IO?



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  • bandhu
    02-04 08:07 PM
    i was totaly upse about this post, here is my correct entry

    definitely your entry should be denied, you are not capable to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic violence there are on citizen/GC (either one of them),

    I did not know moral contractors like u r here otherwise wud hv contacted u before USCIS.
    BTW: What good are YOU doing to this country?




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  • gg_ny
    08-23 01:02 PM
    When is the Senate meeting and is it scheduled to take up the skil bill this year??...
    When can it take it up next year??...

    Could you please give some dates???.

    I don't want to sound cynical but restate and emphasize what I have shared with the group over past few months. Everytime, around a deadline or around something we think as a cure, we build up hope, hype, leading to hysterical exchanges of postings, name callings, subsequent regrets , pre-mature back-pattings and in the end, enormous amount of disappointment.
    I wish we could avoid this over SKIL Bill. The trend which many of us do not want to see is that the bill is just a decoy to satisfy industry-backed hard-currency donor stakeholders. The underlying mood among the majority of the members of Congress is not to seen as someone who gives even an inch **for** immigration. Any member who is seen as supporting openly for immigration on the floor would be a red herring or someone wearing a bull's eye while walking by a shooting range. This is the fact and any amount of new forum topics, name callings, challenging admin members etc. will not change the reality. Anybody familiar with the currents of democratic politics would know to expect no improvements - but only noises- over contentious issues 70 days before a critical nation-wide election. This is true for US of Americal, India or any other democratic country.
    Guys, harden yourselves. IF and a big IF, something could happen, it should happen only with the new congress in place. That gives you a timeline starting from late December 2006. Add in a month or two at least for the matter to soak into among the new members, committees reorganized, scope of the issues redefined, proposed bills rewritten based on the current political climate.
    I would bet on spring of 2007 and you may start praying that the issue gets settled positively before Thanksgiving of 2007 as after that would be, roughly, the start time for next Big election cycle. Just before you shoot emails criticizing me or my posting, please note that my visa number is retrogressed too and I have no ulterior motives to make this posting.



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  • forgerator
    08-20 02:07 PM
    https://www.nvars.com/Production/userhome.aspx

    Seems like NVARS has introduced a new process which is supposed to be more streamlined for getting appointment online but I am not sure of some of it's verbage.


    We want to ensure that applicants already in the scheduling process are not negatively impacted by the change. In order to ensure you receive the visa services you have paid for, please review the guidance below regarding transition timetables.

    * Applicants who have already scheduled an appointment at a U.S. consulate on or after September 1, 2010 through NVARS:

    If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010 and bring your Scotiabank receipt with you to your appointment. If you have not already scheduled an appointment, we recommend that you wait until September 1, 2010 or later to pay the MRV fee and register through the new service.


    I highlighted the text in bold. My appointment is scheduled for Vancouver on Sept 8. What does this mean to me? Will I need to be physically in Canada prior to September 1, to be able to go to a Scotia bank and make payment there? This is insane. I still haven't gotten my canadian visa stamped on my passport so I can enter Canada.

    Anyone aware of this or impacted by this?




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  • mrajatish
    09-15 01:46 PM
    On the other hand, I think something else might happen unless things change quickly.

    Growth is slowing down, budget deficit is high, the long term bond curve is inverted, all pointing to a significantly slowing economy. That does not mean recession, but it does mean more layoffs, and more difficulty in getting labor certified. That might impact how things work next year.

    I used to be an optimist, but after 1 year of politics similar to my home country, I am starting to think that most of what you hear and see is hogwash.

    I do not mean that nothing will change, possibly 485 filing will happen, but do not raise your hopes high on GC number increase.



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  • kiru_99
    10-30 03:22 PM
    I don't know what amt was enclosed with the application. All I know it is rejected b'couse of Incorrect/No Fee. My concern is it was rejected on Sep 22nd & lawyer might have got the notice of rejection & he missed it or don't know what happened. It is already more than a month now. How much time is there to resend the application.

    Thanks
    -Kiru




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  • ebizash
    10-08 10:50 AM
    It will reduce net pay for citizens of countries without totalization agreements with India, specially because the EPF contribution in India applies to total gross pay without any upper limit.

    Isn't this exactly what we have to go thru here in US by paying SS Tax?




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  • nashim
    08-06 02:40 PM
    for EB2 I-140 approval, candidate must have 4 years bachelor + master degree or 4 years bachelor + 5 years experience




    samcam
    05-19 11:28 AM
    Senate discussing High skilled immigration... log on to the live commentary thread to know more...




    ingegarcia
    06-15 03:40 PM
    Will continue contributing at least till guys stuck in the backlog centers get to file their I-140s.
    What about the option
    Refiling LC in PERM due to .... changing jobs, etc



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  • hsingh82
    04-15 03:47 PM
    I own house too. My immediate goal would be to get my PERM and I-140 approved and with the help of approved I-140 get a 3 years extension so that i can stay and enjoy my new house for few more years. By the way i was in this queue in Mar06(my first perm) and Jun 07(My second perm) and now again in April 09. I am building my patience every year :D

    Yes, I saw that you are applying for the third time, I saw in another post your 140 got approved too earlier. May I ask what screwed it up for you couple of times? You can IM me if you don't want to discuss here, just want to get some idea not complete details.

    Good luck!!




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  • crystal
    10-06 10:22 AM
    There is no specific rule for this. I read opposite opinions on this by different lawyers. Based my reading on this subject , I came to a conclusion that it is better to switch to I-485 EAD once we get it to be on safer side. This is more related to IO officer questioning about our intent of continuing on F1 even after I-485 filing rather than IRS audits




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  • saketkapur
    09-22 07:17 PM
    gave you a green...hopefully you will have a card after that soon too...:D




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  • hdos
    06-08 08:52 PM
    Hi,
    I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
    I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
    Not on project rightnow and have not run payroll since last 6 months.
    My employer is not responding to any of my emails and phone calls since 1 month.

    GC Filed: march 2005 in traditional process (not in PERM) EB3
    Labor approved : june 2006
    I140 filed: Nov 2007 - Denied end of may 2009.

    1) What are my options ?
    2) Can I use my current approved labor to get extension in new company after h1 transfer?
    3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?



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  • pappu
    09-23 01:32 AM
    http://video.google.com/videoplay?docid=-1999333595666035699&hl=en

    Voice of America coverage. (in Hindi)




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  • jonty_11
    08-10 12:10 PM
    concentrate on IV Rally instead....guys..
    Who has gained any solace from Calling USCIS....
    the tier 1 2, or 3 or Tier N at USCIS know nothing......



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  • helpfriends
    04-15 11:55 AM
    It's not for me(thank goodness!). I was just curious - someone else I know has done this.




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  • dazed
    07-30 07:35 PM
    Is it possible to get your EAD, if I-140 is still pending. :confused:



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  • sledge_hammer
    07-03 02:38 PM
    Anyone here that can answer my questions?

    Thanks!




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  • jonty_11
    08-13 06:13 PM
    BE FIRST TO GET A FREE TICKET TO HAWAI...........

    What an innovative name for a thread to attract attention..............



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  • Maqrkk
    01-26 05:33 AM
    I really like The Swarm :thumb2:




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  • BECsufferer
    08-19 06:57 AM
    ^^
    agree with above. This forum is to press our genuine demands....not some a**holes news who brings a bad name.

    delete this.

    Really! ... dude go around and look at forum, than tell me how every other post is 100% directed towards Immigration.

    If you had read the link, you would have been educated on avoiding scams that could happen with you or your loved ones in future. Next time pay attention before you reply!



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  • shana04
    02-01 06:09 AM
    There is a seperate thread on this. Look it up.


    can some one point to the right thread. Thanks in advance




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  • shiankuraaf
    01-06 09:02 AM
    February visa bulletin will be out this week any day.

    What is the opinion of gurus who analysed that latest USCS numbers about dates? what do you predict?

    I gave you RED for a misleading title for this thread. Be nice and clear.



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  • venkatosizolon
    03-28 06:45 PM
    My employer is not paying salary. Where I should complain about him so I can get salary.

    Thx




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  • natrajs
    08-02 12:05 AM
    Best Wishes from Tri State



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  • eyeswe
    07-13 04:49 AM
    Depending on where you are traveling from you may have a direct flight to Mumbai or Delhi. Mumbai is closer to Indore and probably has better and more connections. The key is layover at both these airports to meet your flight times to Indore. Both these airports are now world class (been there just recently) and have shuttles that take you from International - your US arrival, to domestic. At Delhi the international and domestic are somewhat far off... but they provide shuttles...




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  • reddymjm
    01-09 11:39 PM
    I would have said 2020 but as you are not part of India or china may be 2015.




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  • msgoud
    03-09 11:39 AM
    thanks for suggestion,i suggested the same ,but it looks like his company lawyers are working




    gchope2k6
    03-17 12:16 PM
    Hello all,

    Me and my wife are planning to buy a home, we are in 485 stage and both are working and have EAD. Do you think there can be issues for getting a joint loan on EAD ? I still have my H1, but my wife never had an H1 before, so she is working on EAD. Do lenders consider EADs for mortgages ? Did you have any issues with this ?

    Thank you.




    hopefulgc
    04-09 02:45 PM
    that doesn't make sense at all.. why would it go to miami, FL?

    On a lighter side, maybe they realized that you haven't taken a vacation in a really long time and want you to visit florida.



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  • archum123
    08-03 09:34 AM
    Hey! I am a practising dentist and I am on H1B.
    Q: Does she need a dental license to apply for H1 ?
    Ans:Yes a dental license is required for applying for a dentist position

    Q: She 'qualifies' for a dental license (ie meets all requirements), but almost all states require a SSN to issue a dental license. Since she is on H4, she doesnt have a SSN. Problem: Dental License needs SSN - SSN needs H1 - H1 needs license - basically a "Catch 22" position here
    Ans: Qualification is a very broad term. A dental degree doesnot make one eligible for a license. There are other important requirements for a license like National dental Boards, a clinical exam, jurisprudence exam of the state.

    Also, if one one "qualifies" with all the requirements he or she can apply based on the TIN #. The board must be informed that a TIN is used and will need to be updated with SSN when you recieve one.

    HI, does the same holds good or a DENTAL HYGENISTS ? is there any chances to be sponsered for h1?




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  • injrav
    07-27 02:53 PM
    1. university of illionis springfield
    Department of Computer Science (http://csc.uis.edu/information/gadmissions.html)

    I think TOEFL is mandatory but not sure about GRE

    2. bridge water state college MASACHUESETTES
    School of Graduate Studies : School of Graduate Studies : Bridgewater State College (http://www.bridgew.edu/SoGS/graduate.cfm)

    mean while let me explore the colleges which you shared with me




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  • indyanguy
    06-18 02:22 PM
    I received the very heartbreaking news that my EB3 PERM application filed OCT 2007 (with audit) was denied. Audit was requesting a copy of the Newspaper AD which the lawyer sent last NOV 2007. Reson for denial was because the copy that the DOL recieved was not clear and some words as part of the Newspaper name was missing.... An appeal will be filed soon.

    Any suggestions from the gurus?

    I have bachelors with more than 5 years of experience, is it adviseable to file new PERM under EB2 category?

    For people who filed motion for an appeal, could you please post your feedbacks/experiences?

    Sorry to hear that. I don't know the answer to your original question but I hope you have a way of extending your H1?




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    05-25 06:49 AM
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  • h1-b forever
    04-27 08:24 AM
    I want to know if some of us knew of Green card wait time when we applied or came to USA?

    what difference does that make?
    Question is, now that you know how long the gc process takes, you are still here............Cribbing maybe, but still here..........
    So, it does not matter what you knew at the time of coming here.




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  • GreenMe
    06-17 04:16 PM
    Hello Leo,

    I am not a lawyer so don't take my word ... but this is what I have heard.

    Labour thru PERM takes 45 to 60 days (considering company has to publish ad and stuff)...

    You can file I-140 and I-485 only after your Labour is approved. And you can file them concurrently if the dates for India are current.

    Regarding how long the dates will remain current, I don't think anyone would have the right answer. Atleast we know it is current till next bulletein comes in.

    Regards,
    GreenMe



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  • 3ZS
    May 11th, 2006, 07:36 PM
    Hi -

    I just bought a nikon d50 kit and the dealer sold me sigma lens' with the kit. I have since upgraded the camera body to a d70S. Now I am having problems with the lens', autofocus doesnt work all the time. Sometimes it works...then other times it wont focus at all.

    Does anyone know if the sigma 18-50mm and the 70-300mm af/mf lens' are compatable with the d70s?

    The dealer told me the sigma lens were better then the nikor lens' because they have a metal mount whereas the mikor was a plastic mount. is this true and is this somethign i really should have worried about?




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  • dixie
    08-16 01:54 PM
    If there are any, they must have talked to some one and got it approved by now, because there is no order in approvals any way... :)

    That is if they managed to locate the crate containing their application in the BEC warehouse .. :)



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  • jasmin45
    08-06 12:18 PM
    Has USCIS started premium processing of I-140 again ?
    Can you please send me the link ? What happens if one has filed I-140 concurrently with 485 ? Does 485 gets expedited too ? let me know quick please..
    I do not think USCIS has started premium processig for 140. As per last update, the Extension of suspension of premium process is indefinite until next update.




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  • ramaonline
    01-02 01:44 PM
    Chk this
    http://www.immigrationportal.com/archive/index.php/t-232784.html



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  • a_yaja
    07-18 09:24 AM
    I was thinking about that as well...but I have minor problems that might not be solved within July so it better for me to apply in August.
    I would advise you to file in July. Although USCIS says it will accept application till Aug 17th, in theory they could reject your application saying that your priority date is August. It would be heartburn for you all over again. If you can explain what your "minor" problems are, perhaps some of us could suggest a way out.

    Good Luck on your filing and hope you make the July deadline.




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  • GCMangataHai
    10-21 05:24 AM
    PSAM,
    What do you mean by my official salary will drop. I already made the more than what evere I am whatever has been mentioned in the LC. But just now I applied for H1B renewal 3 week back. But my present salary will drop a bit. yes it is not going to be same as three week ago salary.



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  • nc14
    10-05 01:16 PM
    Way to go Pappu and IV.




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  • Aah_GC
    06-01 01:37 AM
    As suggested by vxb.. make sure you have your I140 approved, as long as you have that - you should be good to look at other options. If you use AC21 without I140 approval, its puts you at risk as your employer can revoke I140 even after 180 days of I1485 application. Seems like you have that figured that one out.

    The thing with your TME role is, it is very explicit with the word "Marketing" in it. The concern with USCIS is it might actually object your transition from an engineering to marketing position. Not sure if you are moving with the same GC sponsoring employer (if that is the case, you should be good). But if you are thinking about a different employer, make sure you are moving with the same / similar type of roles. After all your GC labor was approved for a specific role that did not find a GC / citizen with similar skills.

    Use your AC21 privelege wisely.

    Hi,

    I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.

    A short description of this role (for those of you who don't know about this role)

    The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels

    I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.

    All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.

    Appreciate your thoughts on this



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  • ek_bechara
    10-01 04:49 PM
    Take it as a compliment. There is nothing wrong in what Joe Biden said. If you watch the last second of the video, Joe has both his hands on the Indian guy's shoulders and I'm sure he must have said good things after that as well.

    I have a word of advice for you. Don�t use TOI (Times of India) style headlines to mislead people into reading your post. If you are one of those Indians who has an innate desire to look at everything with a shade of pink glasses you should reconsider living here. Airlines don�t fly one way from India to US. You can always take the flight back home. 16-hour workdays, a fantastic work life balance, and all basic amenities await you in the land of kamadhenu (the sacred mythological cow that gave the Hindu Gods everything they needed for a happy life)




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  • ravi_hyd
    10-30 10:44 AM
    .



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  • anilsal
    11-06 10:09 PM
    http://www.change.gov/agenda/immigration/




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  • zoooom
    12-02 07:50 PM
    Great news pal. Thanks for sharing!!




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  • neoklaus
    10-21 09:42 AM
    I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.

    I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.

    If you made a correct explanation then: 1. You will end up with $4500- of wages PLUS $500 of reimbursable expenses. Therefore only $4500 will be taxed.
    You should to make sure that in your Form W2 ( 1. Wages, tips, other compensation)for 2008 these $500 will not be shown: reason- you will be taxed only on $4500 but your income will be higher so you will may end up with additional taxes owned- that depends on you Income).

    That scenario is OK if your total salary is not an issue for you.

    For you Employer paying to you $4500 Plus $500( reimbursable) is much better
    cause he will pay company taxes only on that $4500 and not on $500.

    There could be other ways to resolve this problem. Depends on your employer
    willingness.




    ramidiskr
    01-09 04:19 PM
    I am in similar situation,
    But my wife will not be having a valid visa while returning and she will not have her AP before leaving US.?

    I would mail the AP once it is approved and can she come back with AP?

    I would be maintaining my H-1 status all the way through......

    Please advise!!!




    Blog Feeds
    10-15 06:30 PM
    [Federal Register: October 6, 2009 (Volume 74, Number 192)]
    [Rules and Regulations]
    [Page 51236-51237]
    From the Federal Register Online via GPO Access [wais.access.gpo.gov]
    [DOCID:fr06oc09-4]
    ---------------------------------------

    DEPARTMENT OF STATE

    22 CFR Part 41

    [Public Notice: 6779]

    Visas: Documentation of Nonimmigrants Under the Immigration and Nationality Act, as Amended; Requirements for Aliens in Religious Occupations

    AGENCY: State Department.

    ACTION: Final rule.

    ---------------------------------------

    SUMMARY: To comply with the Department of Homeland Security regulation requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. This rule establishes the requirement that consular officers ensure that R-1 visa applicants have obtained an approved U.S. Citizenship and Immigration Services Form I- 129 petition from the Department of Homeland Security before issuance of a visa.

    DATES: This rule is effective October 6, 2009.

    FOR FURTHER INFORMATION CONTACT: Lauren A. Prosnik, Legislation and Regulations Division, Visa Services, Department of State, 2401 E Street, NW., Room L-603D, Washington, DC 20520-0106, (202) 663-2951.

    SUPPLEMENTARY INFORMATION:

    Why is the Department promulgating this rule?

    On November 26, 2008, the Department of Homeland Security (DHS) promulgated regulations requiring sponsoring employers to file petitions for all aliens for whom R-1 nonimmigrant status is sought. 73 FR 72276. As a result, the requirements for an R-1 nonimmigrant visa now include establishing that the applicant is the beneficiary of an approved petition. U.S. Citizenship and Immigration Services (USCIS) has implemented the petition requirement for nonimmigrant religious workers as a way to determine the bona fides of a petitioning religious organization located in the United States and to determine that a religious worker will be admitted to the United States to work for a specific religious organization at the request of that religious organization. This rule amends the Department regulations to ensure consistency with the regulations set forth by DHS.

    Regulatory Findings

    Administrative Procedure Act

    This regulation involves a foreign affairs function of the United States and, therefore, in accordance with 5 U.S.C. 553(a)(1), is not subject to the rule making procedures set forth at 5 U.S.C. 553.

    Regulatory Flexibility Act/Executive Order 13272: Small Business

    Because this final rule is exempt from notice and comment rulemaking under 5 U.S.C. 553, it is exempt from the regulatory flexibility analysis requirements set forth at sections 603 and 604 of the Regulatory Flexibility Act (5 U.S.C. 603 and 604). Nonetheless, consistent with section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 605(b)), the Department certifies that this rule will not have a significant economic impact on a substantial number of small entities. This regulates individual aliens who seek consideration for R-1 nonimmigrant visas and does not affect any small entities, as defined in 5 U.S.C. 601(6).

    The Unfunded Mandates Reform Act of 1995

    Section 202 of the Unfunded Mandates Reform Act of 1995 (UFMA), Public Law 104-4, 109 Stat. 48, 2 U.S.C. 1532, generally requires agencies to prepare a statement before proposing any rule that may result in an annual expenditure of $100 million or more by State, local, or tribal governments, or by the private sector. This rule will not result in any such expenditure, nor will it significantly or uniquely affect small governments.

    The Small Business Regulatory Enforcement Fairness Act of 1996

    This rule is not a major rule as defined by 5 U.S.C. 804, for purposes of congressional review of agency rulemaking under the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104- 121. This rule will not result in an annual effect on the economy of $100 million or more; a major increase in costs or prices; or adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreign based companies in domestic and import markets.

    Executive Order 12866

    The Department of State has reviewed this proposed rule to ensure its consistency with the regulatory philosophy and principles set forth in Executive Order 12866 and has determined that the benefits of this final regulation justify its costs. The Department does not consider this final rule to be an economically significant action within the scope of section 3(f)(1) of the Executive Order since it is not likely to have an annual effect on the economy of $100 million or more or to adversely affect in a material way the economy, a sector of the economy, competition, jobs, the environment, public health or safety, or State, local or tribal governments or communities.

    Executive Orders 12372 and 13132: Federalism

    This regulation will not have substantial direct effects on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Nor will the rule have federalism implications warranting the application of Executive Orders No. 12372 and No. 13132.

    Executive Order 12988: Civil Justice Reform

    The Department has reviewed the regulations in light of sections 3(a) and 3(b)(2) of Executive Order No. 12988 to eliminate ambiguity, minimize litigation, establish clear legal standards, and reduce burden.

    Paperwork Reduction Act

    This rule does not impose information collection requirements under the provisions of the Paperwork Reduction Act, 44 U.S.C., Chapter 35.

    [[Page 51237]]

    List of Subjects in 22 CFR Part 41

    Aliens, Foreign officials, Immigration, Nonimmigrants, Passports and Visas.

    For the reasons stated in the preamble, the Department of State amends 22 CFR Part 41 as follows:

    PART 41--[AMENDED]

    1. The authority citation for part 41 continues to read as follows:

    Authority: 8 U.S.C. 1104; Public Law 105-277, 112 Stat. 2681- 795 through 2681-801; 8 U.S.C.1185 note (section 7209 of Pub. L. 108-458, as amended by section 546 of Pub. L. 109-295).

    2. Revise Sec. 41.58 to read as follows:

    Sec. 41.58 Aliens in religious occupations.

    (a) Requirements for ``R'' classification. An alien shall be classifiable under the provisions of INA 101(a)(15)(R) if:

    (1) The consular officer is satisfied that the alien qualifies under the provisions of that section; and

    (2) With respect to the principal alien, the consular officer has received official evidence of the approval by USCIS of a petition to accord such classification or the extension by USCIS of the period of authorized stay in such classification; or

    (3) The alien is the spouse or child of an alien so classified and is accompanying or following to join the principal alien.

    (b) Petition approval. The approval of a petition by USCIS does not establish that the alien is eligible to receive a nonimmigrant visa.

    (c) Validity of visa. The period of validity of a visa issued on the basis of paragraph (a) to this section must not precede or exceed the period indicated in the petition, notification, or confirmation required in paragraph (a)(2) of this section.

    (d) Aliens not entitled to classification under INA 101(a)(15)(R). The consular officer must suspend action on the alien's application and submit a report to the approving USCIS office if the consular officer knows or has reason to believe that an alien applying for a visa under INA 101(a)(15)(R) is not entitled to the classification as approved.

    Dated: September 24, 2009.
    Janice L. Jacobs,
    Assistant Secretary for Consular Affairs, Department of State.
    [FR Doc. E9-24089 Filed 10-5-09; 8:45 am]
    BILLING CODE 4710-06-P



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