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  • gcformeornot
    08-07 09:23 AM
    sometimes, labor subs can be genuine cases as well....
    Please





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  • amsgc
    02-23 09:22 AM
    Vroapp,
    Thanks for sharing your thoughts!





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  • immig4me
    04-19 01:21 PM
    Travel Advisory: Delays Due to Icelandic Volcano Eruption

    (04/17/2010) If you or someone you know is stranded in the United States because of the airport closures in Europe due to the Icelandic volcano eruption and is about to exceed their authorized stay as a direct result of these closures, there are two avenues for relief:

    If the traveler is at the airport and traveling under the Visa Waiver Program (VWP) and unable to depart timely, as a result of airport closures or flight delays/cancellations, travelers should:

    1. Contact the U.S. Customs and Border Protection (CBP) office at the airport or;
    2. Contact the U.S. Citizenship and Immigration Services (USCIS) office.

    Both agencies have provided staff with guidance on the applicable legal authorities under the VWP in circumstances such as these.

    If persons are traveling under a visa, they should contact the nearest USCIS office and follow the instructions at the following link: ( USCIS - Extend My Stay )

    While this link recommends initiating the process 45 days in advance, USCIS is providing guidance on how to handle these cases over this weekend.

    -- from IV advisor Greg Siskind



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  • gc28262
    09-03 10:49 PM
    In one of my friend's case they approved H1 for 6 months, because he had contract only for 6 months. He just completed 3 years and this is his first extension request. :eek: Who the hell in this world writes contract for more than 6 months even if they have requirements for next 2 years.

    Another case I heard was immigration officer at POE granted only 1 year I-94 even though he had 2 years left in his visa. It seems IO spoke to candidates manager and advised him to hire someone locally and get him trained within a year.

    Are we in real United States of America? So much of hate around.

    This is Obama and Grassley in action :rolleyes:





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  • lostinbeta
    10-20 09:33 PM
    I think he is referring to your transition effects on your site.



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  • cbpds
    04-01 03:22 PM
    hi,

    It happened to me when my wife' s and my expiry dates were different.

    Talk to your attorney and apply asap ....they may or may not use the �Nunc-pro-tunc� category , depends on the attorney.

    Thanks



    Hi All,
    My Wife�s I-94 expired on Jan 15, 2010 and I did not know that I had to apply for her H4 extension while applying for my H1B extension under regular processing on March 1, 2010.My employer also forgot to apply for H4 extension. Now that, it�s been more than 2 months with the I-94 expired, Can you please let me know what options I have to resolve this issue?

    1.Can I upgrade my H1 Processing to Premium and add the H4 processing to it, so that both H1 and H4 are processed simultaneously?
    2.If adding H4 while upgrading H1 to premium is not possible, Should I just upgrade my H1 to Premium so that I can know the results soon and have ample time (before the 180 days grace period) to apply for H4 extension(I-539).Is it true that H1B premium approval is risky compared to regular processing ?

    3.Is it safe to go back to India within 180 days (after I-94 expiration) and get H4 stamping in her home country once I get my H1 Extension?

    4.Should I just leave my H1B in regular processing and attach the H4 extension (I-539) to it? If attaching H4 is not possible, Can I file H4 separately and get it approved before 180 days expiration?

    5.Once her H4 extension is approved, can she get her H4 VISA re-validated in US? Can she apply under �Nunc-pro-tunc� Category?

    6.Does she have an option to attend H4 visa interview in Canada or Mexico as her Visa and I-94 are expired? If yes, is this better option than going to India?


    Please reply.
    Thanks in advance
    Chinna





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  • ckichannagari
    11-09 04:40 PM
    from Texas



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  • Green_Print
    07-17 06:47 PM
    We should send flowers to her with a personally written thank you note.





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  • amitkhare77
    01-30 10:00 AM
    please see my response
    Here's a brief background:

    1. Have EB3 from this company as a Software Engineer 15-1031
    2. Have a MS + 3 years PRIOR to joining this company
    3. Plan NOT to use experience gained from the current company for EB2

    Can someone please help me with which approach will have the highest probability of success with PERM?

    1. What title should I use? Since I already have a Software Engineer as EB3, should I be using an Software Analyst title? Which one has better chances of success?
    Title really does not matter, it's the Job Requirement, Desc, Salary and how well your profile match with the Job requirement. My EB 3 was filled as Software Engineer Level 1 in 2006. My EB2 labor was filled (different company) as Software Engineer (Level III). Labor was approved in 4 weeks back in Nov 2010

    2. What experience should I use? Should it be MS + 1 OR MS + 2 OR MS + 2 with alternative BS + 5? My understanding is that once we add BS+5 as alternate, the wage will be pretty high. I make 90k in IL.
    I think best option is to ask your company attorney. I am not sure if you can make s decision what you want to use. The company and the lawyer will decide what is best for them to prove for a Job during I-140. most probably I have seen Lawyers prefer to go with MS + 1 yr experience. Mine was BS+5 yrs exp I live in NOVA and prevailing wages were 76 K. I make much more than that ;)

    3. Since I am not using experience from current employer, is it okay if the job description is almost the same as the job description for EB3? (I need to provide experience letters from my previous company and there shouldn't be a discrepency with the ones I have submitted for EB3)
    You can not use this experience anyway ;) Job description can be similar but more like a senior guy's work. i.e. Consult with customers, PM and team members on project status, proposals and technical issues (i.e. software system design and
    maintenance), Effectively guide the team, collaborate with other team members and
    provide quality software solutions to accommodate business needs.


    I hope this helps
    Any help is really really appreciated.



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  • GKBest
    07-14 01:45 PM
    I too am surprised to see Philippines being on top of the GC Allocation when in fact only a few are applying for skilled categories in comparison to India and China. What you said about the Schedule A (nurses) now made sense.





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  • enggr
    12-17 10:56 AM
    Hi,
    What's the Maximum amount of money the parents of a h1b person can carry from US to India when they are returning after a visit on B1 visa? I heard it should be a dollar less than $10,000 per person. Somebody told me its $10,000 per party. Please answer this.
    So if father & mother both are traveling back from US to India can they carry $9999 each in their hands while traveling through air? It will be $19,998 total for the party in total
    While coming to US I heard you don't have to declare the money/currency you are bringing as long as they don't exceed $10,000. So if they are taking most of that money back along with some extra cash (total < 10k per person) is it safe to avoid any questions/complications with US TSA/ CBP?
    Have anybody got into problems or delays?
    I just want to have the right information handy just in case.
    Please help by sharing the right answer. Thanks in advance



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  • larmani
    10-26 01:56 PM
    I believe if your H1 expires before your I-140 approval and your PD is less than 365 days you will not get 1 year extension. If I-140 premium process reinstates that is only chance otherwise you have to take vaccation and come back.





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  • crystal
    08-16 05:14 PM
    ITIN is not meant for work. You cannot substitute ITIN for SSN. As I posted before you can apply for SSN and start working with out waiting for SSN.



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  • vallabhu
    10-24 12:50 PM
    Talk to a lawyer I think if you have approved GC you dont to wait for Priority date You have to add her within 6 months.





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  • piyu7444
    10-17 03:22 PM
    Guys, Suggest me a good consulting company. My employer is OK until now and he just started demanding money even for H1 extensions. I am seriously thinking of moving. Please suggest good desi consulting companies who can support my GC and keep min billing. I have a very good project in hand

    My ex-employer processed my h1b and applied for GC with no cost to me. I worked for about 3.5 years and then moved to the client where I was working as a consultant. I had a good relationship and I was treated exceptionally well as I always fought for what I deserved. Now the company has grown bigger and excpetions are not made but they are fair (upto 90%)

    If you wish to you can explore with them and if required can talk to me too.



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  • chanduv23
    06-05 08:50 AM
    I'm not sure if this is the right place to post this thread but I could not find anywhere else to post it on this website.

    I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.

    After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.

    Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)

    Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.

    First things first. Don't get stressed out. You have hired an Attorney to represent you - u r a client for the Attorney and it is their duty to work with you.

    It is very common - people are very receptive before you pay and after that, they tend to slow down on you because they are spending time to bait in the next potential client.

    You can report this lawyer to the bar or to AILA or probably to better Business Bereau. Folks here can guide you.

    Some Attorneys are very receptive, they value and treat you well. They try their best to get back to you in a day or two. I have seen Attroneys responding to queries late night - probably thats the time they set for email responses or so.

    My message to Attorneys - do please value your client. These days, immigrants have a lot of platform and power and are better informed so don't take your clients for granted. t
    The better you treat your client, the better business for you.





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  • nixone
    08-21 06:10 PM
    Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.

    The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).

    The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.





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  • rr_immaculate
    08-04 11:58 PM
    My first 3 years of H1B visa and I-94 expired on december,31,2009. My employer applied for my H1B renewal and got the approval notice (797A with I-94 part in the bottom valid from 1/1/2010 till end of 2012) expiring in end of 2012. I went to Canada for 4 days and got my 3 year visa extension stamped which is valid till end of 2012 for the same employer. They took off my old I-94 when I left to Canada and did not issue a new I-94 while entering the US. The officer just took a look at the 797 and said that I am good with the bottom part of the 797 itself and did not stamp any expiry date on the bottom part or did not issue a new I-94(white card).He just stamped the entry date and POE name on my passport. I checked with the CBP officer and she said that since the renewed visa and 797 is valid till end of 2012, I can use the bottom part of the 797 as the I-94 and it is valid till end of 2012. Is this correct?

    I noticed that the bottom part of the 797 has the same number as my old I-94.

    I believe that I should get a new I-94,but the officer was not ready to believe that and kept saying that the 797 bottom part is enough.





    SNLive999
    06-11 05:46 PM
    Hello,

    I called USCIS Boston Field office today ( 800 # on the FP Notices ) and the Customer Service Rep told me that If we have already given finger prints then we can ignore the second FP notices. But she did not ask for any of our A# or Receipt #. I asked her to pull out my record based on 485 receipt # and verify if the finger prints we gave earlier are correct and we do not have to worry about the second finger prints notices. She said she cannot do that.

    SO, I got Infopass appointment for tomorrow. If at all, the officer says tomorrow that I do not have to worry about the second FP notices then what should I do ???

    1) Do they send any kind of letter in mail saying I should ignore the second set of FP notices. ( OR )

    2) Should I ask for any thing in writing saying that we are good with the finger prints we already gave and do not have to worry about the new notices (OR)

    3) Do they put any stamps and write on our new FP original notices saying Finger Prints not required for the second time.


    Thank you for letting me know.





    Humhongekamyab
    05-14 03:56 PM
    Hi,
    My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.

    Please advice, what to do?

    Here are the details about my education.

    Education:
    Matriculation : 10 years education
    Intermediate : 3 years Diploma (Associate Engineer)
    Graduation : 3 years Degree (Comp. Science.)

    Experiance:
    Aprox. 8 years

    Thanks in advace.

    :)
    Shujaat

    Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.