Thursday, June 9, 2011

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  • vinabath
    07-31 12:54 PM
    When you say careful, what do you think needs to be avoided? What are the dos and dont's of a primary applicant who wants to use their EAD?


    Dont use.
    1. If your 140 is pending.
    2. If you are still single. You cannot bring the spouse on H-4.
    3. If you think that it may take 3 years to get your GC.

    Use. This is a tough one. I do not suggest using it.
    1. You got a nice solid employer who does not care what you do after 40 hours. Want to make some extra money.





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  • Anders �stberg
    June 18th, 2005, 09:44 AM
    Very nice, great light! The first one is my favourite. I think I'd try sacrificing the top dark clouds for the composition, to me there is a bit too much space over the bird.





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  • roseball
    05-14 05:20 PM
    Please review my ETA 9089, it must fit EB2.

    H.3. Job title: SENIOR SOFTWARE ENGINEER
    H.4. Education: minimum level required: MASTER'S
    H.4-B. Major field of study: COMPUTER SCIENCE
    H.5. Is training required in the job opportunity? NO
    H.6. Is experience in the job offered required for the job? YES
    H.6-A. If Yes, number of months experience required: 12
    7. Is there an alternate field of study that is acceptable? NO
    H.8. Is there an alternate combination of education and experience that is acceptable? NO
    H.11. Job duties:
    Analyze, design, coordinate and supervise the development of software systems.....
    Design and develop programming systems making specific determinations....
    Responsible for development of new programs, analyzes...
    Responsible for analysis of current programs including performance�.
    Review and repair legacy code�.
    H.12. Are the job opportunity's requirements normal for the occupation? YES
    H.14. Specific skills or other requirements: EMPTY


    I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters�s degree + 12 months of experience may exceed SVP.

    Thank you,

    What you are doing is illegal as per DOL guidelines. The beneficiary CANNOT be involved in preparing the job and experience requirements for the job. They have to be done by the Company HR or your manager. All the PERM preparations are to be done by an attorney or if the company doesn't hire one, it has to be by the HR/Manager. Never by the beneficiary himself. You can just provide your educational and experience information to the company and the rest is handled by them.





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  • nlssubbu
    07-19 12:24 AM
    How will you get the papers signed without them being here? You also need recent passport size photos of them as well for AP document.

    You can differ filing EAD and AP at a later date.

    Thanks

    PS: I am not an attorney and please consult with them.



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  • Waitingnvain
    07-31 09:04 PM
    H visa by nature is dual intent. One does not lose it after getting EAD.





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  • BharatPremi
    11-24 12:33 PM
    Also include some text which says that you were an fulltime employee (40 hrs per week)...

    Assuming original poster from India, definition of Full Time Employment is 48 hours of work per week in private sector and 44 hours of work in most public sector. Many people make mistake on this ( Completely forgetting how they slogged...:)). 5 years back one of my friend got an RFE on this... Lawyer, through his internal sources came to know that INS had problem with the note regarding 40 hours of week as they knew in India, generally Public sector remained open for 44 hours. My friend was public sector employee in India.



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  • gc_peshwa
    03-07 03:19 PM
    Just make sure your new job description somewhat matches the one on which your I140 was approved. I *think* the job descriptions have to match for PD porting???? IDK





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  • sreeks925
    02-03 04:44 AM
    Bush urges US Congress to lift H-1B visa limit




    Making a strong pitch for America to stay competitive in the face of emerging economies such as India and China, President George W Bush has urged the Congress to raise the number of H-1B visas that allow companies to hire foreign workers for scientific and high tech jobs.

    "Congress needs to understand that nations like India, China, Japan, Korea and Canada all offer tax incentives that are permanent. In other words, we live in a competitive world. We want to be the leader in this world," Bush said in a speech in Minnesota on Thursday.

    To fill vacant jobs in the US, Bush urged the Congress to lift current limit on H-1B visas that allow foreign workers to get jobs in the United States. The Congress in 2005 capped at 65,000 the number of H-1B visas, a third of the 195,000 allowed during the technology boom.

    "I think it's a mistake not to encourage more really bright folks who can fill the jobs that are having trouble being filled here in America, to limit their number. So I call upon Congress to be realistic and reasonable and raise that cap," Bush said, but did not say by how much he wanted the limit lifted.

    He said that one part of the agenda to stay competitive was to study math and science, a theme he touched on in his State of the Union Address on Tuesday.

    "It's one thing to research, but if you don't have somebody in that lab, well� And so I got some ideas for the Congress to consider. The first is to emphasize math and science early, and to make sure that the courses are rigorous enough that our children can compete globally," Bush said in a speech at the 3M Corporation.

    He said there are more high-tech jobs in America today than people available to fill them. "So what do we do about that? And the reason it's important -- and the American citizen has got to understand it's important -- is if we don't do something about how to fill those high-tech jobs here, they'll go somewhere else where somebody can do the job."

    "There are some who say, we can't worry about competition. It doesn't matter, it's here. It's a real aspect of the world in which we live," he said.

    "And so one way to deal with this problem, and probably the most effective way, is to recognize that there's a lot of bright engineers and chemists and physicists from other lands that are either educated here, or received an education elsewhere but want to work here. And they come here under a programme called H1B visas," Bush said.

    He said America should not fear competition. "It's important for us not to lose our confidence in changing times. It's important for us not to fear competition but welcome it."

    Senior administration officials noted that the number of H-1B visas has fallen to 65,000 which in their estimation was 'too low' and that it was imperative 'to bump that up.'

    ". . . some of reports have called for increases of 10,000; others between 20,000 and 40,000. So there is a number of options on the table to be considered. But we'll work with Congress on that," said Claude Allen, assistant to the President for domestic policy.



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  • PDOCT05
    08-15 02:09 PM
    It was signed by R William at 9:30 AM on 07/03/2007.
    Thanks much..mine was also signed by R williams at 9:03 am and my checks not cashed yet...





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  • nitkad
    03-20 05:07 PM
    Thanks, according to your reply, it seems it will be good if I leave the company before the I140 gets revoked. Also, what happens if it gets revoked after I leave the company?



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  • bluez25
    08-26 02:41 PM
    Hi guestforgc,

    If you have applied for CP while you applied for 140 then you can do as I have described. But in case you have applied for AOS after you have applied for 140 you CP will automatically get canceled and converted to AOS. If you want to go back to CP , contact your attorney to do so since I know for sure there is a form to do that. But why are you confusing your self and confusing USCIS and making your case over complicated?

    Contact your attorney and see what are your options.





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  • gcseeker28
    07-28 03:54 PM
    So, I was talking to one of the attorneys and he mentioned that one should contest the denial within 30 days and as long as it is approved, we don't have any problem. But, if the MTR is rejected, then all the days that have been accumulated after the denial will be in illegal status.
    What is the probability of cases of MTR getting approved after the relevant documents have been published?
    For the client letter denial reason, did anybody furnish further documents?
    Appreciate your inputs



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  • somegchuh
    11-09 05:08 PM
    In the corporate world dilbert cartoon strip, shows an evil character called dogbert who is an HR exec. This evil character does everything to annoy office staff. However, for GC aspirants lawyers and USCIS are also nothing short of dogberts.

    Speaking of annoying lawyers, my company lawyer who is supposed to file for our EAD/AP renewal is adamant that the renewal can be filed only four months in advance. I have provided him a USCIS link that clearly states that USCIS accepts applications 6 months in advance. But it doesn't seem to help. God, I hate these lawyers.... So much fuss for filing paperwork....





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  • capriol
    07-06 11:54 AM
    Dear Friends:
    I am not sure why nobody is answering to my questions on their AP travel experiences. Please reply, I am almost freaking out not know what sorts of obstacles I might face at Delhi and Amsterdam without a H1B stamped visa. My queries are as below:

    I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
    (1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
    (2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
    Please share your experiences. Thanks a lot.[/QUOTE][/QUOTE]



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  • rolrblade
    03-11 01:34 PM
    I don't understand in what cases consulate holds a person's passport. What if the applicant wants to return back home country instead of waiting in Canada?

    You have a right to ask for your passport back. You can always state the logic that in the case of emergency, will the consulate provide the passport back at a moments notice? probably not!

    Also, a passport is the property of the issuing government and no other government entitiy / individual has a right to hold it. I wouldnt state it in these terms though :) .... the emergency travel reason should suffice!





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  • dealsnet
    08-05 11:56 AM
    You will receive the paper welcome letter within one week.
    Physical card will receive within 10 days. I did receive the physical card after the day I have received the email 'approval notice send'.
    About ADIT:
    ADIT=Alien Documentation Identification & Telecommunication Systems.
    Could mean biometrics not up to date or just stamp in passport.
    Either way they will tell you what they want.

    ADIT (I-551) stamping


    Applicant appears at local USCIS for ADIT processing, as outlined in AOS approval letter. Applicant will not be scheduled for an ADIT appointment, ADIT processing is done by "walk-in" basis ONLY.


    Once the applicant adjusts his/her status by completing ADIT processing, s/he is given the I-551 permanent resident stamp in his/her passport.

    Don't worry. Minor things.

    Thanks Dealsnet;

    Do you have any clue on "ADIT Processing'. Do we have to do anything ?
    Any probable expectation that, Actual Plastic Cards, would be received within XX days of Welcome notices ?

    Just curious to know, if you have any info.. :)

    thanks,:)



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  • acecupid
    04-14 10:10 AM
    One of my collegues who works for the same company and has the same priority date as myself (March, 05 EB3 ) got his GC last year. Thats the only person I know personally who got his GC out of turn. I havent heard of any other cases, so I am guessing its a pretty rare occurance.





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  • h1b_tristate
    07-27 09:16 PM
    Currently my labor and 1-140 has been approved. But i havent been able to apply for I-485 due to retrogression. Hence if i change my job now and re-apply for labor will i continue to get extentions?


    Also can anyone advice me that for a PERM application the pre-application i.e advertisements and stuff takes how long before i can actually apply for the labor. Also in Perm How long does one have to do the pre-application (advertisments etc)?

    Can someone please help?





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  • asdqwe2k
    05-09 04:36 PM
    can this event me scheduled to someother day, preferably a weekend ?

    Also, May 15th is mine and my daughter's birthday, so I would have to be at home in the evening ?





    pagalladkino1
    07-28 06:55 AM
    i just lost my job and had an approved LC with that company. i have been extending my h1 for the past 3 years now. my i 140 was withdrawn when it was first applied as the company did not give all the information when my lawyer was preparing it the second time the company gave a lot of wrong information. my current h1 expirs in dec
    what options do i have ?





    indio0617
    12-13 01:08 PM
    That was my thought process too. If the immigration systems is corrected then I believe EB3 and EB2 will become current. Then it does not make a difference. Even late 90's the retrogression was there for both Eb2 and Eb3. IN 1999 they opened up for Y2K and then again retrogressed in 2001-2002 I believe. But again after that it was all current till the current retrogression.

    Exactly ! That is my line of thought too. IF there is going to be a fix, it will be a remedy across the board for all EB2 and EB3. I can live with EB3 lagging behind a bit too. I am not going to get bogged down by which one is faster.

    It is important for us to contribute our bit to get some legislative fix, but it is futile to endlessly speculate which category will move faster.



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