Tuesday, June 14, 2011

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  • EkAurAaya
    09-24 05:10 PM
    I have bad credit will that effect my Green card?
    though i am paying them off it still shows on my credit report

    Bad credit history will haunt you even after you get your green card :D (if you intend to take a loan for a substantially large investment - like a house)

    Think about it... if they don't give you gc based on your credit goof-ups... who's loss is it :D j/k





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  • casinoroyale
    01-26 10:25 AM
    I would also like to suggest to display complete heading in the "Recent forum posts" section.





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  • pointlesswait
    03-31 11:30 PM
    Dude,

    I think one of the reasons why you got and RFE is because u filed for a transfer without sufficient paystubs. You need atleast 3-4 (bi weekly) paystubs to not raise any eyebrows.
    So basically the IO officer was doing his thing and requesting all the basic documentation.

    best scenarios would have been : If you had gone back to company A after a gap of few months, and filed for an extension and then transferred to Company B, this RFE would not have risen at all ...as you would have have continuous employment and pay stubs to show.

    In this economy everyone has got hit pretty hard..so just hope for the best.



    Thanks a lot for your comments. They are really helpful.

    In case I do what you mention, what normally comes with a rejection? would the USCIS go further (beyond the simple denial), and rule that I was out status penalizing/prohibiting me to enter the country?

    Should it be better if I just leave the country and wait for the approval outside the US? I guess Im prepared for a denial, what concerns me the most is jeopardizing B1-B2 Visa or as you said to be prohibited to enter the country.

    Do you know the "standard" wording for USCIS decision in cases like mine?

    Thanks a lot again, I really appreciate your comments.





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  • nogc_noproblem
    02-15 12:09 PM
    Any suggestions...



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  • wellwishergc
    07-11 12:31 PM
    ^^^^^^^^^^^





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  • dpsg
    04-05 01:10 AM
    All,
    I posted another thread asking folks to thank core members for their sacrifice and great leadership. But at the same time few members like to "excercise their
    freedom of voice" & We should all agree that constructive debate & sometimes criticism brings in new ideas and better path.

    We should define ground rules for ourselves which will lead to efficient use of core members time:

    1) Ensure that we make every effort to find answer before asking question/suggestion/complaint.
    2) Keep one long thread without duplication.
    3) Understand that Core members have job/family , so they have limited bandwidth .. please exercise patience.
    4) Maintain civil constructive discourse, Which has a referanceble information if You want to send a link to a lawmaker or any other authority/influencer/potential volunteer or help someone become a wellwisher.
    5) Understand the limitations of IV/lobbyist , So help them to make things happen & don't expect gurantees.
    6) Never use derogatory remarks, even against proven distractors.
    7) Please put forward only genuine concerns clearly to avoid misunderstanding
    8) Ignore "whiners", But fully respect people with genuine concern/objection.
    9) Please put forward only thoughts relevent to scope of current forum/discussion..
    .. eg. "Discussing the gramatical mistake of someone's message is not relavent to this forum .." .
    10) Always keep in mind that this is public forum , so It is our responsibility to show ourselves collectively in positive light
    by not only passionate for our cause , But also professional in our responses.
    11) Try to propose ideas which are attainable/pragmatic or You can add words like "I would like to see".
    Definately All of us want some resolution out of this problem, But setting too aggresive milestones may results in
    taking off eyeballs from low hanging fruit, wich IV is going after to begin with.

    Please add other ground rules, So that we can have a good platform to discuss our issues and influence the working of IV to begin with & US congress eventually.Thisshould be good forum for members like me, who can't fully participate because of demanding schedule, others please participate other ways too.



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  • edgarrecto
    01-14 07:37 PM
    how about eb3 for philippines?





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  • MrWaitingGC
    06-01 07:12 PM
    One of our colleague was a project lead but on L1/L1A visa and they applied him showing as multinational manager and he got gc in 3 months. I just kept watching as I work as a consultant for a consulting firm waiting in line for GC.So I think its all luck.



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  • glores1970
    09-23 12:06 PM
    I am in the same boat, changed my mind to apply for AP in the last minute and mailed my application on Aug 16th, USPS messed it up and couldn't deliver it on Aug 17th, tried delivering it on 18th but didnt since offices were closed finally delivered it on 20th.

    Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.

    What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.

    write the following on the envlope using marker
    DO NOT OPEN IN THE MAIL ROOM

    and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current

    Thanks, pathmaker and averagedesi...i will resend the application according to your suggestions.





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  • Mount Soche
    12-07 09:03 AM
    Yikes, I'm having a hard time believing your lawyer is a qualified immigration attorney...

    Just sharing my experience that I just got my H1-B 3 yr extension about a month and a half ago. I applied for I-485 in July and have since gotten my EAD etc. I applied for the H1-B in October and got an approval very quickly, without any issues. I think the rule is if you have an approved I-140, you can get a 3 year extension on your H1-B (as opposed to the 1 year extensions you normally get after the 6th year of H1-B), the I-485 application has nothing to do with it.
    The H1 was set to expire in March next year and this would be my 2nd H1-B extension (so similar H1-B time to yours).

    Hello,

    My apologies upfront if I am posting this in the wrong thread.

    I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?

    As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.

    I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.

    Thank you.
    Apoorv



    My GC status is as follows
    I-140 - approved
    EAD - approved
    AP - approved
    FP - completed .



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  • HRPRO
    02-23 10:36 AM
    I know we can enter back on AP.

    I have similar situation:

    I am only going for a week long training to Toronto, I am working on EAD and have a Valid AP...DO I NEED TO GET A CANADA VISA? If Yes which one, Temp Work or Temp Resident?

    Arc,

    You will need a Canadian visa and your employer will have to give you a letter to get the same





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  • anilsal
    07-22 06:16 PM
    Can you please tell us why you need PCC from India? Is this for the 485?.



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  • summitpointe
    04-09 12:07 PM
    Planning to use AC21 Portability and work on EAD.

    If the EAD reneval is applied and If it gets expired before we get the new EAD, can I work by having the EAD reneval receipt notice with out affecting the employment.

    Thanks in advance for your reply.





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  • sparky_jones
    03-15 03:29 PM
    Hi attorneys/seniors,
    Getting confused about the online status.
    Today morning my employer got mail from VSC saying that their received date is 03/12/2010
    Status check online by 10:30 AM(03/15/2010)
    Status:Initial Review
    Date received shown:03/12/2010

    Status check online by 1:00 PM(03/15/2010)
    Status:Acceptance
    Date received shown:03/15/2010

    Status went back from Inital review to Acceptance and date also changed from 03/12/2010 to 03/15/2010.

    Got confused.
    How it works normally?

    Online case status can be confusing and sometimes incorrect. Your employer has paid for premium processing, which entitles them to contact USCIS through dedicated premium processing channels. They respond very quickly on these channels. Urge your employer to contact them, if there are any doubts about the status.



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  • eilsoe
    10-17 07:36 AM
    I use Jasc Animation shop 3 to make my gifs.. just make the jpg's in photoshop, and then import to Animation Shop 3...

    It even has loads of transition effects! :)


    It comes with Paint Shop Pro 7...





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  • Blog Feeds
    01-14 08:20 AM
    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg-EfTvs76_eDIceRZXV2uRzcvG0mlH4eA9HvTuD3F4AdqTrEjUd2TEGqI6LpnpPqSCalX3sHgzAT-r6BB3NCQP5qTIF9G2mrd-v36G7N0tkDnfV_6LmVt2jaHxah19w0tBGnwSZ2R3Et8/s200/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEg-EfTvs76_eDIceRZXV2uRzcvG0mlH4eA9HvTuD3F4AdqTrEjUd2TEGqI6LpnpPqSCalX3sHgzAT-r6BB3NCQP5qTIF9G2mrd-v36G7N0tkDnfV_6LmVt2jaHxah19w0tBGnwSZ2R3Et8/s1600-h/uscisLogo.gif)

    The US Citizenship and Immigration Service has issued a long memorandum (http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf) on what constitutes an "employer-employee" relationship for H-1B purposes. This should be especially interesting to H-1B workers and employers with consulting or contracting arrangements.


    US immigration regulations (8 C.F.R. 214.2(h)(4)(ii)) require, among other things, that a H-1B petitioner "Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee"


    CIS acknowledges that the lack of guidance defining what constitutes a valid employer-employee relationship has caused problems, especially when employees such as consultants or contractors are placed at 3rd-party sites. In these situations, the petitioner might not be able to show the required control over the employee's work. CIS considers that the "right to control" the employee's work is critical. The memo stresses that the right to control is different to actual control. To analyze the control, CIS looks at:


    Does the petitioner supervise the beneficiary and is such supervision off-site or on-site?
    If the supervision is off-site, how does the petitioner maintain such supervision, i. e. weekly calls, reporting back to main office routinely, or site visits by the petitioner?
    Does the petitioner have the right to control the work of the beneficiary on a day-to-day basis if such control is required?
    Does the petitioner provide the tools or instrumentalities needed for the beneficiary to perform the duties of employment?
    Does the petitioner hire, pay, and have the ability to fire the beneficiary?
    Does the petitioner evaluate the work-product of the beneficiary, i.e. progress/performance reviews?
    Does the petitioner claim the beneficiary for tax purposes?
    Does the petitioner provide the beneficiary with any type of employee benefits?
    Does the beneficiary use proprietary information of the petitioner in order to perform the duties of employment?
    Does the beneficiary produce an end-product that is directly linked to the petitioner's line of business?
    Can the petitioner control the manner and means in which the work product of the beneficiary is accomplished?
    The CIS Memo describes various different employment relationships, and states whether they meet the regulatory requirements. Those which CIS considers do not comply with regulations include:


    Self employment;
    Independent contractors;
    "Job shops".
    The memo describes, in detail, the evidence that can be submitted to prove an employer-employee relationship, especially where the employee will be working off-site.

    The memo also notes that petitions must show compliance with 8 C.F.R. 214.2(h)(2)(i)(B) which states:

    Service or training in more than one location. A petition that requires services to be performed or training to be received in more than one location must include an itinerary with the dates and locations of the services or training and must be filed with USCIS as provided in the form instructions. The address that the petitioner specifies as its location on the Form I-129 shall be where the petitioner is located for purposes of this paragraph.

    The memo notes that to satisfy the requirements of 8 C.F.R. 214.2(h)(2)(i)(B), the petitioner must "submit a complete itinerary of services or engagements that specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishment, venues, or locations where the services will be performed for the period of time requested. Compliance with 8 C.F.R. 214.2(h)(2)(i)(B) assists USCIS in determining that the petitioner has concrete plans in place for a particular beneficiary, that the beneficiary is performing duties in a specialty occupation, and that the beneficiary is not being "benched" without pay between assignments." Submitting a detailed itinerary for the next 3 years will be very difficult for many employers who place employees out on contracts.

    This memo has just been published today, and there will undoubtedly be many more rticles published that analyze the provisions.









    https://blogger.googleusercontent.com/tracker/2893395975825897727-2453679137512034994?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2010/01/cis-issues-memo-on-employer-employee.html)



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  • thomachan72
    10-05 09:39 AM
    I went to Kanha and Bandhavgarh National parks, the last two times I had been to India. The december season is not the best one for tiger viewing, however; if you give it 2-3 days, you will see some activity.

    I will recommend Bandhavgarh. Although not as accessible as Kanha, the forest has best tiger density of all Indian parks and hence improves your chance of sighting. The forest area is much smaller than Kanha, so you will see less of other wildlife, there are no bisons or barasinghas in Bandhavgarh, but you will definitely see tigers. Took 4 game drives, sighted twice, once two tigers were fighting ferociously. Captured it all like on Animal planet.

    Kanha: Is a much bigger& beautiful forest, is more easily accessible. I took 3 game drives in 2008, no sightings. You have better chance of sighting other animals such as sloth bears, nilgai, bisons here. Spotting a tiger can be and in any forest will be a matter of chance. Kanha still has a tiger show in the morning in which if they see a tiger they take you by elephant to the tiger. This show is no more in play @ Bandhavgarh.

    All of my 7 game drives were a thrill & most memorable experiences. You can take a flight to Jabalpur from Delhi and either forest is a 6 hr drive from there. Watching a tiger in the wild and the thrill to seek it was one of the most memorable moments of my life.

    Or you can go to Kajuraho from Delhi by flight and Bandhavgargh is a 6 hr drive.

    Have fun in what you do.
    Do you go with family/kids? game drive? Do you drive through the forest in a personal vehicle? Jeep? Are there guides available? You said 2-3 days so are there motels nearby? Seems very interesting activity and completely agree with the thrill (fear!). What about sunderbans? have you been to any other reserves? finally are these areas safe (I mean from man attacks-thieves). Are there forest guest houses available? How much was the average total cost (including flight, stay, etc)? Appreciate you sharing such information





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  • voldemar
    02-27 05:11 PM
    6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.That's true. Also EB3 cases are the easiest, EB2 a little more complex and EB1 the most complex. USCIS officers tend to do easiest job more often ;)





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  • hejilac1224
    09-13 03:41 PM
    Has you h1b finally been approved? I' m interested to what happened next as I am now on the same situation. Thanks and GL.





    TeddyKoochu
    12-28 10:58 AM
    I don't have the I-797A's I-94 which was attached to the bottom since I had to submit that in Jan 2009 when I'd visited India and come back to the US with H1-B stamping. I do have a copy of this I-797A's I-94...would giving this copy be better than not providing any at all? Thanks, Vick

    You are actually expected to provide the latest I94, I believe that your employer may have filed an I9 based on your latest I94, just find the I94 # and the local customs and immigration at the airport should be able to issue you a new one. If you have a copy or the number of this one it would help.





    moonrah
    07-22 11:46 PM
    Hi,
    I am in unique situation and need help in decision making. I am on H1B and my labor is pending. My sixth year on H1B will start in three to four months. I do have couple of months of vacation that I can recover in six year of H1B.

    My project ends in six months then I have been told that I have to leave the company and when I leave I will get good amount of money from my employer.

    I might have other offer from some small (<100 employees) consulting company. My current employer is a giant (> 50,00) company.

    I have two options:
    1. Stick with my current company and take the money.
    2. Switch to new employer right away and file new PERM.

    My dilemma is:

    With option 1, I might not have enough time at the end of my project to find new employer and file new PERM. Even if I find new employer, I might not have enough time on my H1B to extend it beyond six year. In, this case I will end up going back to my home country.

    With option 2, my new PERM might be filed but I don�t know how reliable the company is as it is a body shopper and boast of no problem with the company. I also don�t know if I do H1B transfer will I get any kind of RFE? Will my PERM process face any issues? Will I get any stamping problems? How long my employment will last? And if I change to this employer, I will lose that good chunk of money.

    Gurus, please help and advice with your experience. If anybody has experience transferring H1B from big company to a small company please share. Please share your recent experience with small consulting firm either ways.



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