Wednesday, June 29, 2011

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  • mayitbesoon
    11-16 12:20 PM
    Please help me in this regard.

    I came to US in Sep 2003 using H4 visa. Later in 2004 I applied for H1 visa with two different companies. first one got approved in Oct 2004, second one got approved in Nov 2004. I started working with the second company since Dec 2004.

    Now, is it wrong not joining the first company upon approval. Since H1 status starts as soon as visa is approved, have i violated any status rules here by not working with first company at all?. What would be my status since the first H1 was approved and until i started working with second company?
    Had i been out of status during the time period between Oct and Nov 2004?

    Thank you.




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  • rajenk
    11-18 05:38 PM
    What I have heard was they ask for a copy of I-140 approval. No Original needed. Also I don't think you'll get the original I-140 approval, that is a petitioner's document to own. You should be able to get a copy of I-140 from your employer/attorney.

    Make sure to get the original approval copy. Not the courtesy copy. The courtesy copy will clearly state that you cannot get any benefit/proof based on that copy. When you get a copy make an extra copy of it. It will help you for future needs.

    Yes for 6+3 year extensions they ask for copy of approved I-140s.

    Hope that helps.




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  • pappu
    08-18 02:20 PM
    YOu might have already tried this - pls try emailing any school association there (Indian Students Association) - that might turn up good contacts. They are a couple of good universities out there like Chapel Hill...

    Thanks for the suggestion but We need people who are stuck in retrogression. Professionals who have a story to tell. They should be IV members too.




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  • cygent
    06-18 08:03 PM
    Dear Attorney,

    I request your help with the following.

    I am working for Client A on EAD through Vendor B & Company C (my W2 holder) in California. I now want to join Vendor B & work for Client A. What are the ramifications based on below?

    This is my agreement with C :-

    During the term of the assignment & for a period of 1 Year following the termination of the business/employment relationship between C & cygent, cygent will not do any of the following:

    1. Directly or indirectly call on, solicit, or take away (directly or through another entity) any of C's customers or potential customers cygent became aware of as a result of performing services for the above referenced assignment; or
    2. Directly or indirectly offer or attempt to offer (directly or through another entity) services that were offered via C for the same projects that were performed under the agreements between C & cygent, or
    3. solicit or hire away any of C's employees or contractors C became aware of as a result of performing services under agreements between cygent & C.

    cygent will be held responsible for any losses suffered by C due to violation of the terms stated in this agreement. jurisdiction is County of Alameda, California.

    Thank you & Regards,
    CYGENT



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  • djmaddy
    07-30 03:59 AM
    this one is very cool

    Thanks a lot Dom, it took some time for me to find transparent layered maps of water to work with. Initially this was drawn with the orange falling down, but an even splash wasn't what i had in mind. So I had random splash, mostly one directional and then spinned the image to have gravity work as well-once again thanks




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  • coolpal
    02-17 10:25 AM
    You can stay in the US until the decision is made on your H1B application, and you can legally work (for the same employer) for up to 240 days from your application date if the case is in pending state.
    Regarding DL renewal, it really depends on the DMV you go to and the knowledge of employees there, but some DMVs, especially in locations like NJ, are aware of this situation and extend the DL by 90 days based on your original I-129 receipt notice.

    And in case if your h-1b application gets denied and you do not have EAD to fall back to, then you are supposed to apply for your legal status (H1 transfer (** not sure about this) or other visa categories) within 10 days of your denial notice or leave the country.

    As long as you are legally here (all the time) and are working in your stated field, you shouldn't have any problem.

    Cheers..
    pal :)



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  • seemashah
    02-21 04:26 PM
    Hi:

    I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
    Please submit documentary evidence that you, the petitioning employer, have the financial
    ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
    have this financial capability on the date you fied the ETA with the Department of Labor and
    cover up until the visa is issued. The petitioner may submit evidence that their net income is
    equal to or greater than the proffered wage, evidence that the petitioner's net current assets
    are equal to or greater than the proffered wage, or evidence that the petitioner not only is
    employing the beneficiary but also has paid or is currently paying the proffered wage. The
    service wil also consider copies of audited annual reports of the employer, or copies of
    audited financial statements of the employer. Evidence is needed for 2002-2003.

    Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.




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  • sriswam
    12-05 03:51 PM
    I havn't gotten mine yet. Filed on Sept 11th at VSC. Check seems to have cleared though -according to the Attorney. However I guess the delay in my case is the exception rather than the rule.
    Funny thing is that we got the approval notice today! No receipt notice though.



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  • needhelp!
    10-16 01:07 PM
    from the front seat




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  • immilaw
    09-18 04:15 PM
    Dear Friends,
    My PD (EB3)is Dec-02. I have gone for Finger Printing twice now.
    I see lot of reference to '45 Day letter' in the forum . I have no recollection of receiving the '45 Day ' letter so far.
    Am I missing something here?
    Can any one of you please explain what this letter is about?
    Thanks,
    Sreekanth

    When the state workforce agencies (DOL's) transfered their applications to the Backlog Reduction Centers (BEC), the BEC sent a 45 days letter to the petitioner and the attorney to confirm if they are still interested in proceeding with the pending labor (some were pending for 4-5 years and they do not want to work on it unless the petitioner is still interested). The BEC gives them 45 days to respond, hence the name.



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  • golmalreturn
    01-14 11:46 AM
    Hello,

    I am Dec 02/EB3/India candidate. Currently using EAD/AP to work. No H1b visa.

    My current project � SAP PI implementation requires me to travel to London / Ontario, Canada, on a weekly basis. This is going to be for few months at least. Employer is in US, major work place will be US, still working with original employer who filed GC; even residence is in US.

    Has anyone travel more than once on AP?
    Is that ok or there are risk factors?
    Has anyone traveled on AP using car by road? How is experience compared to enter via airport?

    Any help will be highly appreciated.

    Thanks.




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  • go_guy123
    03-04 01:57 AM
    To all the physician members of this forum....

    Conrad 30 program is up for extension on march 6.
    According to shusterman.com although the extension is gonna take place, they plan to make physicians exempt from employment based category as long as they work in medically underserved areas....

    If this bill includes the physician clause that will be a lifesaver for a lot of people and also help in visa retrogression albeit little bit.
    Hope it passes....any thoughts anyone?

    Yes Conrad 30 will be extended. Whenever there is lobby behind something it will get passed. There are lot of congressmen from rural America where doctors don't like to serve. So Conrad 30 helps to get doctors there.

    Conrad 30 issues is same like the Amtrak issue. Every year Amtrak runs a loss and congress huff and puff abut it but eventually pass the Amtrak budget payment.
    Because Amtrak threatens to stop the unprofitable routes (typical rural areas)
    and a lot of Congressmen panic and pass that.


    Whether "physicians exempt from employment based category " that is a different case because there is very little incentive to get that done. Once doctors get green card they can leave the under served areas.



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  • dealsnet
    11-25 04:05 PM
    What is your qualification?
    Masters or Bachelor with 5 years of experience?
    It may be safer to apply EB3 than EB2, if you don't have a strong case.

    Hi All,

    I applied for Labor in EB2 category in Oct 2007. It was pending for 2 yrs and 2 days back my employer mentioned that they see my Labor status as denied and that they have not received any denial letter yet.

    My H1 will expire in early Jan 2011, so I practically have around 365 days from now to apply for a new Labor. My questions are

    1. Should I re-appeal?
    2. Do Labors get approved in re-appeal?
    3. Can I start a new Labor application with the same employer simultaneously?
    4. What�s a safe category to apply at this point in time. EB2 or EB3?


    Thanks




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  • bestia
    07-17 05:37 PM
    Can you change the ad? I think more correctly it would be if it sounded like:

    Bachelors degree + 5 years OR master's degree required.

    It would exactly fit and your description and EB2 requirements



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  • a_yaja
    03-28 06:41 PM
    If the employer agrees not to revoke the 140, Can I change the employer after getting EAD. 485 application is pending but less than 180 days.


    My project is getting over, and it seems hard to find a h1b job.

    pls advice

    When did you file for I-485? Your profile says priority date is Dec-07 for EB2/ India. That date was never current.




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  • Blog Feeds
    09-09 07:20 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."

    An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.

    PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.

    Accordingly, the Board affirmed the decision of the CO in denying labor certification.

    In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)





    More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)



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  • webm
    09-20 11:29 AM
    If you have the valid H1b stamped while your 485 is pending and got RN,FP done,you should not have any issues in POE.So are you done with your FP?? Its always safe you wait for FP and finish it and then decide your travel plans.

    HTH,




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  • nileshilpa
    08-27 02:21 PM
    MIne was updated 2 days later, be patient

    Gurus,

    I saw three LUDs on 485 applications after FP. Last as latest as August 23rd. No recent LUD on EAD or AP yet.

    What should I expect?




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  • wandmaker
    04-27 12:19 PM
    Green Card approved on April 23.
    How long does it take to get actual card?

    Good luck to all!

    If the everything goes per work flow then you should receive

    - Welcome Notice on or around or before April 30th
    - Physical Card anytime between April 30th and May 8th




    conundrum
    06-23 03:47 PM
    Isn't it high time we started a state chapter. I am from Cincinnati, and would gladly like to host a meeting so that we can get this going. :)




    jkamel5
    05-10 03:26 AM
    Hi,
    I came to the USA on F-1 student visa which is expired on 2005. Currently I have H1B status (I-797 form) (and NOT a stamped visa) and I-94 attached to the I-797 form.

    My question is that. Can I visit Canada for less than 30 days and coming back without the need to get a visa (automatic visa re-validation) OR I have to get a visa?

    I am worried because I never have a stamped H1B visa on my passoprt. Only H1B status + I94 which are not attached to the passoprt?

    I need your help and how can I make sure as I do not want to lose my job.

    Thank you,
    John



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