Sunday, June 26, 2011

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  • Jeff Wheeler
    11-30 02:31 AM
    and no Jeff, it wasn't directed at you

    Phew! :lol:




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  • sanjay02
    08-22 03:14 PM
    As stated earlier go for your own lawyer.


    New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.

    I am kind of reluctant to have Fragomen as my attorney representation
    __________________




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  • royus77
    09-22 07:40 PM
    This is a good bill for people who are already on H1 and EAD ...what's wrong that in bringing the jobs back home ?




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  • anilsal
    06-16 11:55 PM
    that dates being current is not an indication of you getting your GC. The dates have to be current for a long time for you to see the approval.

    It is very unfortunate that your lives can be tied to this dates circus. :(



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  • gc_bucs
    05-29 10:40 AM
    I think if you call them then they might be able to set up the emergency appt. I got a bit frustrated by their process so I never called them.

    I have an emergency to go to India to take care of my sickly mom and I need to return back to work on July first. I am also trying to get emergency appointment. I couldnt. Could you please suggest the way I can get emergency appointment in any of the consulate.




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  • SFSweta
    08-22 03:26 PM
    Del Rey, Bernsen & Loewy, LLP - San Francisco - just Google them....you should be able to find contact information. They've treated me wonderfully!!



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  • sorcerer666
    03-31 04:17 PM
    Have you ever participated any of the IV's campaign on various issues. Have you ever volunteered your time or donated money.

    If no, you deserve this and rot in hell. There is no solution and you people are running to IV only when disastor strikes. But its too late.

    If you cannot get the original contract nothing can be done...

    So by your logic, if he had contributed to IV his visa would've been issued no questions asked?? And he won't deserve help coz he didnt contribute?? Man I feel sorry for your selfish attitude!!




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  • coolduggar
    05-07 02:33 PM
    What will happen to those who have already used AC21 if you suspect this rule is going to change and not favourable to us ?



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  • coolmanasip
    07-19 09:39 AM
    If we submit tax returns then do CIS check those to see what exsumptions we have taken etc??? One of my friend by mistake took hope credits coupld yrs ago and is terrified that CIS may catch this if he sends the tax returns so he has been fighting with his attorney about not sending it!! both he and his wife are earning and no dependents. Any thoughts on the situation??

    I told him checking the tax returns is not CIS's function!! That is IRS.......he should relax. By the way, what happens if he approaches IRS saying it was an honest mistake and pays off the exsumption he took.




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  • Ann Ruben
    01-23 01:24 AM
    Do you have any idea why the petition was denied? Was there an RFE? Appeals of H-1 denials are generally taking more than a year, and are rarely successful. Quickly filing a new and extremely well documented H-1 petition with a request for premium processing is really your best option. Note that if the new petition is approved you will have to leave the US and get a new H-1 visa before you can re-enter and resume legal work authorized status.



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  • YesGC_NoGC
    05-14 10:25 PM
    Will continue to conribute




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  • abhijitp
    01-25 12:01 AM
    Hello Nor. Cal,

    If we don't get going, I am afraid that we will not be able to achieve our objective, your objective.

    A few motivated people can only go so far. It is unfair to think that your time is more precious than any other volunteer's time. You just might be surprised to learn from us how busy we ourselves are.

    Please stand up for your rights. Don't take this campaign for granted.

    Thanks for this, gsc999

    Thanks chandu & kiica for your help too!



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  • nissan_1
    11-30 09:30 AM
    I have also applied for the canadian PR 1.5 months ago. Yesterday I got a letter from canadian consulate to sit for IELTS as I am clamming 16 points on language skill with supporting documents. Now, I do not want to sit for IELTS..is there any way out? Do you guys know any small consulting firm in canada who can give me a HRSDC approved job offer? I will not mind to work for them for a year if I get my PR (it's better then waiting for GC for another 10 years)...




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  • perm2gc
    12-22 06:08 PM
    Efren Hernandez III, Director of the Business and Trade Services Branch at INS in Washington, D.C. announced in late December 2001 that the INS does not recognize or provide any "grace period" for maintaining status after employment termination. Mr. Hernandez explained this strict interpretation by reasoning that there is no difference between H1B holders and other non-immigrants, like students, to justify a stay in the U.S. beyond the explicit purpose of their admission. Mr. Hernandez admits that this may cause hardship to some terminated or laid off H1B workers, but believes that the INS position is legally justified.

    Although the INS' strict interpretation of the law may have legal justification, the result to others seems harsh and unreasonable, considering the fact that the lay off or termination is completely beyond the control of the H1B worker. This strict INS position may also appear to be contrary to the purpose of allowing H1B workers admission to the U.S. since they helped to fill a critical need in our economy when the U.S. was suffering acute shortages of qualified, skilled workers. Perhaps, it would be more fair if the INS were to allow a reasonable grace period, perhaps 60 days, as mentioned in the June 19, 2001 INS Memo.

    H1B workers should not be equated to other non-immigrants. For example, H1Bs can be distinguished from students. Students, in most cases, have exclusive control over whether they can maintain their status. Generally they determine whether they remain in school and satisfy the purpose of their admission to the U.S. If they choose not to remain in school, or they do not maintain certain passing grades or do not have sufficient funds, then they are no longer considered to be students maintaining their status and should return to their home countries. On the other hand, H1B workers enter the U.S. to engage in professional employment based on the needs of U.S. employers. They do not have exclusive control over whether they are laid off.

    Although we are in a soft economy with massive employee cutbacks in a variety of fields, many of these H1B workers are able to find new employment within reasonable timeframes. Some companies, at least, are in need of these workers. Salaries have dropped in many cases and recruitment of workers from outside the U.S. has significantly slowed; but, to a large extent, the need for these existing workers remains. It would benefit U.S. companies and suit the purpose of the H1B visa program to allow a reasonable grace period for these laid-off H1B workers to seek new employment within a realistic time frame.

    Adding to the woes of H1B workers, Mr. Hernandez addressed the issue of extensions of stay following brief status lapses. In short, the regulations require that an individual be in status at the time an extension of status is requested. Failure to maintain status will result in the H1B petition being granted, if appropriate, without an extension of stay. No I-94 card will be attached to the approval notice. Instead, the beneficiary will be directed to obtain a visa at a U.S. consulate in a foreign country and, only afterward, will return to lawful H1B status by re-entering the U.S. Although INS has a regulation that allows the Service to overlook brief lapses in status, extraordinary circumstances are required. Mr. Hernandez stated that even very short lapses in status are not justified in the context of terminated H1B workers, absent extraordinary circumstances.

    Mr. Hernandez specifically negated the existence of a ten-day grace period following employment termination. There are ten-day grace periods allowed in three other instances. These are (a) the H1B worker can be admitted to the U.S. up to 10 days prior to the validity of his/her petition; (b) the H1B worker has a ten-day grace period following the expiration of the period of admission; and (c) in the case of denials of extensions, the H1B worker is given up to ten days to depart the U.S. Unfortunately, termination of employment is not covered by any of these exceptions. Some find it hard to see why a terminated H1B worker should be treated any differently from the H1B worker whose period of H1B admission has expired. There is far less warning and predictability in cases of layoffs or of other terminations.

    Rumors are also circulating about a 30-day grace period should INS deny an H1B petition or extension of status and require the person to depart the U.S. There is also a 60-day time frame, proposed by the INS itself in the June 19, 2001 Memo, analyzing the American Competitiveness in the Twenty First Century Act (AC21). In this memo, the INS discussed the law allowing a person to be eligible for H1B extensions beyond 6 years if the person previously held either H1B status or had an H1B visa. The INS surmised that the law envisioned that one who previously held H1B status should be entitled, possibly up to 60 days, to the benefits of that section of AC21. Efren Hernandez clarified that none of these grace periods applies in the case of an H1B worker who is terminated or laid off



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  • Tshelar
    07-23 09:03 AM
    I would always recommend choosing Career over GC. I am guessing you'll are a young couple. Most of us take risk of jumping jobs and carriers before we are married or before one starts a family. Believe me once you start a family and are raising kids all your drive to look for better prospect will start diminishing. You will be happy with you a 9 to 5 job.
    So my 2 cents go for a better career now.
    I understand it is a tough call but I am sure you will make a right one and whatever happens in future do not repent on your decision as future is unpredictable and one can only make decisions based on the current facts.




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  • Ramba
    05-30 04:09 PM
    Hi gurus, Please advise

    I have an approved I-140 and july 485 filer, also have valid h1 till 2010.

    I work for company X and have an offer from company Y.

    What are my best options now
    1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
    should the new H1-B Job code match with my Labor Certification?

    2. Use EAD - the complication here is my desi employer filed my labor
    as an IT Manager which i am not and i am not sure the new employer would
    give me the matching offer letter.

    Thanks,
    Krishna:confused:

    You can join Y either on H1 or EAD. It does not matter. In order you to get GC using AC21, the job offer from Y should be the similar occupation of what X sponsered you. That means it should be a managerial occupation. If Y offers you "not similar" occupation of X, your 485 may get denied, irrsepective of how you joined y (EADorH1). The bottomline is the new job should be similar to the LC job.



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  • roseball
    08-07 10:37 AM
    1> Marriage certificate.
    2.> I-864 + employment letter (copy will do) + tax returns (last 3 years) + W2s (last 3 years) + paystubs for last 3 months + bank letter
    3.> Proof of status for her (I-94s, I-20s, I-797, EAD, etc)
    4.> Copy of her complete passport (including expired one if it exists)
    5.> Her birth certificate / affidavits
    6.> Copy of your I-140 approval
    7.> 6 photographs of her
    8.> Filing fees

    You also need to include the filled in Form I-134.

    http://www.uscis.gov/files/form/i-134.pdf




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  • Green.Tech
    09-16 03:08 PM
    Pray God!!!

    It Is More Important!!!!!!

    HE will help if we do our part i.e. Call.

    Keep calling guys!




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  • abhisam
    01-08 12:24 PM
    I recently renewed our passports. I removed the I-94 (Which were stapled) to the passports and kept those with me, just to make sure it doesn't get lost. There was no question asked from Indian embassy regarding I-94, which is not the requirement, on the website.

    i did not remove the i-94's and have already sent the passport for renewal. i do have a scanned copy of the i-94's. is there anything i can do at this point to get back the i-94's? i hope this does not pose a problem when i plan to travel outside the US. any advice is much appreciated.




    Humhongekamyab
    11-10 03:04 PM
    By volunteering she is taking away a job of a US worker so the answer is no.




    vinzak
    01-20 04:14 PM
    I have observed that typically after becoming great, have a tendency to hide his/her EB3 roots. I mean, who'll hire you as a CEO or rocket scientist if they knew you used to be an EB3.

    Obama's father was a Kenyan EB3, but Obama insists his father was an EB2. The labor certification that the white house has put out for Barack Obama is clearly a fake.

    It's sad but true, America still judges you not by the content of your character but the color of your labor certification.

    I propose that EB3s append "EB3" to their name (like Ganesh Teesravarg ME(Comp Sci.), EB3) so that they get more visibility, and ppl realize they live among us, and with some help can actually be productive members of society.



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