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  • dealsnet
    05-11 03:29 PM
    If your company not informed USCIS and you are again working with the same company means you are not out of status, consider 1 month as unpaid vacation. No need to stamp your visa, if you have time in I-94. If you want to go to home country, better go after having atleast 3 /6 months of continuous pay stubs with you

    Hi

    I have an urgent query. Please help.

    I was laid off from my company AA during last week of March-2010. I have not yet singed the lay off letter. And I was rehired by the same AA company on second week of May. I have valid I 94 for next 2 years. But my visa got expired. I was out of payroll for a month. I dont have last 2 payslips.

    I have joined the new client through the AA company few days before. My AA compay is asking me to go my Home country and get my Visa stamped and come back. Is there a way that I can continue the employment here without travalling to my Home country at this point ? Are any other better solutions / ways.

    Immediate response highly appreciated.

    thanks
    kadar





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  • Sachin_Stock
    12-17 04:14 AM
    I too, am in process of changing my address, however in this transition period I have put a hold in USPS mail. This way, I got all my travel docs from local post office safely. A colleague of mine had same exact situation like you, and he had to re-file it again.

    Once the travel docs are lost, USCIS will not re-send them to you. They shall ask you to refile it completely.





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  • a_yaja
    06-05 05:02 PM
    Just want to know that is there any law
    which help to get overtime for full time employee.

    I know if you consultant you get paid by hours but not when you become full time employee.

    Overtime is paid only if you are a non-exempt employee - usually means you get paid hourly. If you are an exempt employee, then you are not eligible for overtime. Not sure if this is different in different states, but that is how it works in Ohio.





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  • rajenk
    03-17 01:17 PM
    My 6 years of H1B expires next month (April 2009). My PERM labor was applied in Feb 2008 and got approved last week. My question is, can I apply for 7th year H1B extension based on the approved PERM (since it was filed more than 365 days ago)? Attorney says there is not enough time to file I-140 and get it approved (even with Premium processing) before my H1 runs out next month.
    From my research online there are two options to extend H1 beyond 6 years:
    - PERM pending for more than 365 days, or
    - I140 approved

    What about the scenario where PERM is filed more than 365 days ago and approved, but no I-140 yet?

    Gurus I'd really appreciate your inputs here!!

    You are good to extend your H1B for 1 year.

    You are eligible for premium I-140. If you have given exact date on your H1B expiry then I would have answered whether you can get I-140 approved before applying for H1B.

    The benefit of applying H1B extension with I-140 approval is that you can get 3 years.

    Now you can still get your H1B extended for 1 year. No second thought on that, don't worry too much on that. The PERM need not be pending for 365 days, it can be approved. The rule is you should have applied for PERM 365 days before asking for H1B extension, which is true in your case.

    Good luck.

    -Raj



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  • gcturbulance
    06-22 10:41 AM
    Hi Experts/Lawyers,
    Hope someone can shed some light on this case, anyone who is/has experienced this situation.Thanks in advance for any help or suggestions.

    My previous company (9yrs), they filed for my GC.
    Labor approved and they did a concurrent filing in august 2007.
    After a year I lost my job, no choice, had to quit, tired to hang in there for I-140 approval but, they had one lay off and I was safe and another layoff soon after I left the company.

    After a month or so they withdrew my I-140 petition and it was not approved.I didn't get any notice, but came to know when I got my I-485 denial notcie.

    I found a new job out of state, working remote.Filed for I-485 and I-140 MTR/appeal with the help of new attorneys.They claimed since the concurrent filing was past 180 days and if I-140 was approvable they should approve it and allow me to port to the new company.

    Meanwhile I got H1B extension with the new company.

    The MTR/Appeal Got denied and the notice didn't mention anywhere that my petition was unapprovable, but since it was withdrawn, it's denied and we did show the proof of new job and job offer and pay stubs in the same/similar position and responsibility.

    We tired two more appeals, I tried Congressional office, everything failed. Now the attorneys suggest that I go for Writ of Mandamus, and I' am going for that now.

    Meanwhile my H1B with the new company is valid till sept of this year.I do not have new perm pending or new GC process, but will still have the job offer for AC21.

    Also my spouse is a GC holder, will be eligible to file for citizenship in 2011.

    I have to stay legal till that happens or I hear from the lawsuit.Can't extend H1B since GC process is not pending now (this was my 9th year extension).

    What are my options? Is it safe to try and see if I can change my status to F1 and go to school here till my spouse gets the citizenship? I have a I-130 pending through that way.So my immigrant intend is clear.Help please.





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  • anai
    06-14 09:46 AM
    It is absolutely feasible to do this on your own. After all you are well educated by definition of your H1B visa. The only thing you need from your employer is the letter of employment and you will need a public notary to notarize the affidavit of support.


    The rest you can put together yourself. Just filed for my husband and myself at the beginning of May, fingerprints done on June 4th. Going well so far.


    We would still need the I-140 application copy (if pending) or approval notice, right? Pl let me know.



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  • bsnf
    10-04 09:09 PM
    We went there today, got done in 15 mins. Lots of parking space outside the office.





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  • raj3078
    10-02 04:20 PM
    Do you need to apply for SSN after getting GC? i was thinking that everyone who is working already has SSN... Do you have to get new one? that does not seem right??? please advise



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  • macho
    09-05 07:46 PM
    Hi,
    I am writing here for the first time.
    My checks got encashed only for EAD/AP.
    I filed concurrently I140/485 and PD is 2006.
    Can some one tell if this is normal?
    Thanks





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  • gchandu
    07-20 12:27 PM
    Yes it happened to me, I didnt loose my internet connection that time but simply forget to change address on my pending 485 applications :)

    Called the USCIS customer service center and one of the representative did update manually. Yes you can also do that for sure

    Thanks
    Chandu

    Hi there,
    I changed my address using the online facility provided by USCIS by filling out the AR-11 form. I got the confirmation for that. After that when I started to change for pending petitions (I-485), lost my internet connection. I could not go back to that part again.

    I checked all the FAQ's etc but could not find a link that would explain how to change only the pending petitions, since AR-11 was already changed.

    Please let me know if anybody was in the similar situation.

    Thank you!!!



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  • rayoflight
    02-02 04:41 PM
    Hi,

    Couple of things he need to check.

    1) Annotation on the visa i.e the name of the company sponsoring the visa or its blank.

    2) Is it B1, B2 or B1/B2

    B1 is for business where as B2 is for Visiting. B1/B2 allows both.

    Cheers,
    Rayoflight

    P.S Please contact an attorney for legal opinion as I am just sharing the knowledge what I read online.





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  • insbaby
    08-24 12:34 PM
    I believe they would process the application within 15 days. It doesnt necessarily have to be an approval or denial, they can even send a RFE.

    Once you respond to the RFE, its not necessary that they have to process your case with in 15 days.

    TRUE.

    It is 15 days (not business) including week ends.

    Here are some hidden facts:

    * 15 days window DOES NOT start from the day USCIS receives application.
    * 15 days window DOES NOT start from the day USCIS sends a NOTIFICATION (Yes !!!)
    * 15 days window starts ONLY when you see an LUD change with a description "Request for Premimum Processing" updated in USCIS system.
    * When there is an RFE, the 15 days window clock STOPS.

    while( case != approved && case != denied )
    {
    * RFE is issued
    ***** 15 days clock now is reset to 0 *****
    * 15 days window DOES NOT start from the day USCIS receives RFE Response.
    * 15 days window DOES NOT start from the day case status says "RFE Response received".
    * 15 days window starts ONLY when you see an LUD change with a description "Case Resumed" updated in USCIS system.
    }



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  • perm2gc
    11-10 10:52 AM
    I came to US on H4, 3 years ago. Later I took my H1B with a recruiter and got it with I-94. It was valid up to 2007 oct. But I couldn't take up any work due to some problems. Recently I went to India and came back. At the port of entry I got new I-94 with H4 stamping. Means My H1 Is not valid now ? In this case, is there any way to apply for change of status again as my H1 is valid up to 2007. Or else do I need to apply for my new H1B again ? Pl. any one clarify.
    If you have changed status from H4-H1..how come you entered on H4 again..
    As per my knowledge your H4 status ends once your H1B is approved and if you go out of country..you have to get your H1B stamped and enter the country...

    I may be wrong ,please consult a good immigration attorney





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  • xbeartai
    04-26 11:28 AM
    I am planning for Green Card application.

    Who has experience about Accountant Green card application,

    Eb2 or EB3?

    If you use EB2 , how is your job title and education requirements and job descriptions?

    Thanks a lot

    Xbeartai



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  • udaykaran
    05-15 07:10 PM
    http://www.cnn.com/2007/TECH/05/15/high.tech.visas.ap/index.html?eref=yahoo


    Its high time Govt looks into H1B abuse and address it. Due to the abuse, H1B might get scrapped altogether.





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  • xela
    11-15 04:17 PM
    Does anyone have last months demand to compare?

    Just curious cus I forgot to save it and I was looking for the breakdown of 2005 for EB3 ROW

    Thanks!



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  • immigrant2007
    03-21 11:52 AM
    Please change the title to "300 Illegal Immigrants with Criminal Records Arrested in Texas". Don't set a false alarm.

    technically by definition how an an illegal achieve the status of immigrant? I gues you meant illegal aliens? just kidding





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  • gc_on_demand
    07-23 03:47 PM
    View a Hearing or Meeting (http://judiciary.senate.gov/hearings/hearing.cfm?id=4007)

    Senate Judiciary Committee
    Subcommittee on Immigration, Border Security and Citizenship
    DATE: August 6, 2009
    TIME: 10:00 AM
    ROOM: Dirksen-226


    OFFICIAL HEARING NOTICE / WITNESS LIST:
    July 23, 2009

    NOTICE OF RESCHEDULED SUBCOMMITTEE HEARING

    The hearing on "Comprehensive Immigration Reform Roundtable: Employment-Based Immigration to Propel America's Economy While Protecting America's Workforce" scheduled before the Judiciary Committee, Subcommittee on Immigration, Refugees and Border Security, for Wednesday, July 29, 2009 at 2:15 p.m. will now take place on Thursday, August 6, 2009 at 10:00 a.m.
    By order of the Chairman.


    I think health care is shifting towards fall so all CIR related hearing and talks will shift too.





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  • pbojja
    04-15 11:50 AM
    Can you please update the status of your case ? As my 140 recently transfered to TSC . Also we see this trend for others .

    We appreciate your response .





    linuxra
    09-28 09:34 PM
    Before i present my RFE I will explaing My GC:
    I did masters and worked on OPT for sometime with Company A and they applied H1B,
    still working for Company A as H1B as Senoir Programmer ANalyst.
    At one point CompanyB filed GC process and I-140 approved as a IT Manager in EB2
    PD=jan 2006
    Still working with H1B from COmpany A
    I never worked for Company B and it no longer exists...
    Company A recently merged with ANother Company X
    I recently got an RFE How do i respond PLease help me:
    Below are the details



    Please submit a properly completcd Form G-325A, Biographic Information Sheet, for yourself. Your original
    signature is required on the Form G-325A. Photocopied signatures are not acceptable. Blank immigration forms
    and information are available online from the official Service website: USCIS Home Page. You may also ordcr
    immigration forms by phone at 1-800-870-3676.


    Submit documentary evidencc to establish your employmcnt history listcd on Form G-325A. Such evidence
    should include, but is not limited to:

    Clear copies ofIRS Form W -2 wage and tax statcmcnts;
    Pay vouchers;

    Complete copies of properly filcd Federal Individual Income Tax Returns (IRS Form 1040);

    Any additional documentation which confirms your employment history.
    You must submit a currcntly dated letter from your intended permanent employer dcseribing your present job
    duties and position in the organization, your proffered position, if different from your current position, the date
    you began employment and the offered salary or wage. This letter must be in the original and signed by an
    executive or officer of the organization who is authorized to make or confirm an offer of permanent
    employment. The letter must also indicate whether the terms and conditions of your employment-based visa
    petition or labor certification continue to exist.
    If you have changed employers since filing your application for adjustment of status, please submit a statement
    which lists the names and locations of all employers you have had in the US and the beginning and end dates of
    each position unless these have been included on Form G-325A.
    Nebraska





    drirshad
    04-07 12:31 PM
    April 10th is National Day of Action for Immigrant Justice

    Check your local city details below to participate.

    http://www.cccaction.org/cccaction/april_10_local_events.html



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