Sunday, June 26, 2011

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  • martinvisalaw
    07-15 12:27 PM
    Required documents for H1B Visa renewal lists the previous employers experience letter...

    Please advise me....

    Thanks,
    Sangeetha K

    Where are you reading this? As I mentioned, an experience letter should not be needed for a H-1B visa application.




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  • HRPRO
    04-13 01:47 PM
    I have got an H1B reject because LCA did not include the client location. So most of you who say its ok to work elsewhere without an LCA change, you have been lucky!

    As I understand, LCAs will absolutely have to have the client location else it is a violation of the law. Small companies more often than not do not file an amendment and cut corners. If they are caught, it could lead to dire consequences.




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  • japs19
    01-22 11:18 AM
    Red my other posts where I wrote my experience as I was asked the same question. But here's the answers to your questions in nut shell.

    If you have a valid H-1 visa then just stick to it and don't us AP unless you have to.
    If CBP officer don't ask, you don't tell, but if s/he does, be HONEST and tell them that you don't. It will really stir the pot but politely tell them that GC on Employment Base is for future employment and that has been my understanding and in good faith my intentions are to go and work for that employer.
    They can really harass you for hours like they did me for 6 hrs and then was told to go downtown office. BTW just on a positive note, my AP has been stamped and I am good to go.
    There is no law that defines that you have to be working for the original petitioner while your application is being processed but just ethically it's a much better situation if you are employed by the same employer. CBP offficer's argument was that "what's the guarantee that you will go and work for that employer after approval of your GC? or what is the guarantee that they will have that position open for all these years as it may take a very long time?" I told them with a chuckle on my face that if it hadn't taken USCIS 3-4 years to process that application, that wouldn't be the question but they are still processing my file...I mean how many people you gave an offer letter who you want to start after 4 years as a CBP officer?" He gave me a rude smile and walked away to secondary check section.
    Anyways....long story short, be honest, have patience and don't show desperation to enter the country.
    Good luck...
    Looks like Immigration Officers at Port of Entry are asking the AP entry individuals if they are still working from the GC sponsoring company.

    I am planning to travel on AP and is not working anymore for the GC sponsoring company.

    1. What would be the reaction of the Immigration Officer if he finds out that I am NOT working from the sponsoring company?

    2. What documents should I carry to ensure the I will be allowed to re-enter to US on AP with my current non-GC sponsoring company offer letter, pay-stubs etc?

    PLease advise




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  • rheoretro
    09-25 04:51 PM
    No one has ever been denied mortgage because their green card is pending, all other things (credit record, finances etc) being equal...that would constitute housing discrimintaion...

    Just a thought, especially in response to those (and there are some on this forum) who feel discriminated in this country and compare their situation to that of exploited laborers in some podunk land...



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  • kicca
    01-24 09:48 PM
    ^^




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  • vikrantp
    12-23 01:35 PM
    Can I port a PD from Company A when the company got bankrupt and closed after I moved to Company B and started my new LC and I140.



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  • DDash
    08-30 01:07 AM
    Doesn't hurt to record conversation though - the most that will happen is that the lawyer will say that it is not admissible in a court of law.

    If the other party came to know that the conversation was recorded, they can counter sue.

    Here is a link for laws surrounding this in each states.

    http://www.rcfp.org/taping/




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  • FUNTIMES
    08-25 02:17 PM
    I am still waiting.



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  • raydon
    09-17 09:50 AM
    If CNN drops Lou that will not pass CIR or recapture. There are so much Lou Dobbs are there in USA. It is a waste of time.

    Exactly. I was of the same opinion. CNN dumping a pathetic whiny loser like Lou Dobbs might give temporary satisfaction, but it has no positive effect on EB immigration. Plus there are a dozen other idiots who might be ready to replace him as the crazy-in-chief on that stupid talk show. Why even bother?

    Forget worrying about about CNN and Lou Dobbs. They are NOBODY and of no significance for the quest for immigration reform.




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  • raysaikat
    04-23 03:28 PM
    Hello thanks for the reply.
    By applying for a petition did you mean:
    - give the job advertisement in a newsletter,
    - get the LCA
    - then apply for a petition - I-129
    >> what is the time frame for this petition application?
    - apply for the waiver (i mean J1 applies and gets it lets say in 2-3 months)
    >> i'll be still working with my J2 EAD, during waiver comes.
    - once the waiver comes, then what is the procedure?\

    Thanks again!

    Your company needs to hire an immigration lawyer for doing the H1-B petition and you need to talk to that person. The forums are not a substitute for lawyers; for one, you may not get the response/information/answer that fits your specific situation. Forums are for getting a good overview --- general knowledge, so to say --- so that you know what is happening --- and you already have more than enough general information.



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  • iviviv
    11-01 09:34 PM
    refile labor.




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  • reallow23
    09-28 05:25 PM
    Hello Everyone,

    I need to find someone that can help me to file the Mandamus my name is been stuck over 2 years now and the USCIS still telling me it's PENDING....Please help me if anyone know a good lawyer that can file Mandamus.....


    Thanks
    Anan:confused:



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  • mambarg
    07-27 08:14 PM
    How about if Company closes down ?




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  • Ramba
    04-13 06:13 PM
    Hello All,

    I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

    These are my friend's details --

    EB3 -- India.
    I140 approved in July 2007.
    485 filed in July 2007.
    MS in Engg from USA.
    MBA in Finance from top ten school in USA.
    Has applied for couple of patents in tech field.
    Author of few papers in tech field.


    My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

    What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

    Also suggested were EB2-NIW and self-employment options.

    What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

    I really appreciate all your replies. Pl treat this as very urgent.

    Thanks.


    Please post the occupation classification and the Onet code for the initial job for which GC applied. Also post the job descritipn/duties of the job; if known. Also post the currnt job dutiers and title. I can tro some lights.



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  • guygeek007
    11-06 02:17 PM
    Hang in there my friend. My 140 was first filed in Jan 2006 and was RFE'd for ability to pay. This 140 was withdrawn and was refiled by my company's sister concern in June 2006. We waited for a year and then in June 2007, applied for premium processing just before that was closed down. The check and request for premium were returned with the reason that the original labor app was not provided. Then we received an RFE for ability to pay yet once again in Sept 2007. This was addressed in a very detailed fashion by the HR & CPA working closely with my attorney. Finally on Oct 31st there was the approval notice. Thus, my advice to you would be stay put and patient and it'll all work out. Good Luck!

    Congrats...I see hope from your case.
    My case still remains stuck in security check at USCIS TSC...395 days and counting :)




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  • andy garcia
    08-23 02:57 PM
    How many visas are there for India in a year in EB3, EB2 and EB1?


    YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)



    2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
    2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
    2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
    2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
    2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
    2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)


    These figures are from this link
    http://travel.state.gov/visa/frvi/statistics/statistics_1476.html



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  • glen
    04-09 04:42 PM
    Approved I-140 is good enough for applying for three year extension. I don't think there is any rule to wait for 365 days after I-140. I guess the 365 day rule is for pending labour.


    Thanks wellwishergc,
    I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?

    Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.

    -Madhuri




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  • GCOP
    01-08 03:51 PM
    If you have already sent passport along with I-94, don't worry. They will return your Old passport with I-94 & New passport.
    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.




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  • Dj.Stigma
    06-02 02:02 AM
    My vote goes to Soul. Though all 3 wwws were very ugly and very user-unfriendly, Soul's 'beauty' (referring to his entry) was the one where i had to wait for the 'content' the longest time and it was very, very painful :hangover:

    G... i mean Terrible job everyone ;-)

    Peace




    haifromsk@yahoo.com
    09-06 02:50 PM
    MS+0 is totally fine as long as the requirement is masters. It has least complications. When ppl with no masters apply no probs. When ppl with masters and exp apply, I am sure they will ask for more wage than labour cert. On those grounds u can deny those resumes. Its not worth to change employer just for that reason. There are many other big things that ur employer should back u in. So stay with someone who will back u well with apper work and with whome u have a rappo or will have a rappo.




    richasamuel@yahoo.com
    08-29 10:51 PM
    Hi frnds,

    I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.

    Tanx.

    Keep one thing in mind every decision in life has its own pro's and con's.First of all with all self respect for yourself change your job.H1b itself is legalised slavery or human trafficking whatever you call it.unfortunately whether your employer tortures you or not every employer irrespective of whether you are a H1b or a Green card or a citizen will exploit you to the fullest, no matter what, that's the irony.



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