Thursday, June 16, 2011

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  • smuggymba
    09-24 04:22 PM
    Hi All,

    Is there anyone planning to get H1-B/any visa stamping in Matamoras, Mexico in the next couple months? (I'm from dallas)

    Is there anyone who already went for stamping in matamoras recently....

    Please share your thoughts...

    I'm planning to get my H1-B renewal stamping next month...

    Thanks for all your replies in advance!!!

    Thanks,
    Raghu.

    It's nice to see many ppl going to Mexico and getting renewals....I have my renewal coming up next year and this seems to be a good idea. Saves the hassle of travelling to India and getting stamping.




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  • gc_on_demand
    11-20 12:07 PM
    This is just believe and what I think is something will be good for EB community. Specially those who has MS or Higer degree from USA. It can be tough for employee of small consulting companies. But that is Reform.

    Ultimately they will hike H1b quota with some tight regulations so who ever is genuine can use it.

    I know some people are saying that CIS wont be able to process all app and we have to suffer from Illegal people's filling. but if they add , recapture some visa for us in their CIR bill then dates will be current for us for some 1-2 years for sure and we can go to CP route and get green card thing done. I am 100 % sure that illegal people will not go to CP route. and CP route is very quick when dates are current.

    only one thing I see if CIR passes.. Lawers.. they will be busy with illegal people and will not look at us because I am sure their fees will be higher than our straight cases and they want it desparetly than us. so lawer may not give attention to your case..




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  • alterego
    04-12 08:39 PM
    Thanks all. I called my lawyer, and she mentioned that there have been specific cases of the Neb Service Center rejecting I485 applications for internists while they are doing fellowships. I guess my plan would be to find a 'full time' position working a couple of nights a week in the same city where I am working as a fellow, and use that as proof of ongoing full time internist work.

    I am not sure if they need just a letter, or a w2s also. I guess 'full time' is a very arbitrary word, and can be applied to more than 28-32 hrs a week, which is very easily doable.

    Full time would be the standard definition of 40 hrs per week. It is clearly defined in the J1 waiver regulations for physicians and will likely be extended to the labor based applications as well since adjudicators are very familiar with the J1 waiver and NIW physician cases. Ultimately you have to decide whether the risk is worth it. W-2s as well as paystubs, as well as employers letters attesting to the scope of, and the full time nature of the work are often requested.




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  • pappu
    05-20 08:31 PM
    Good post



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  • puskeygadha
    12-03 10:22 AM
    thanks so much guys
    my labor is in bpc
    I still have 18 months in H1B. but after I get my I140 I will switch
    if I feel that I cant file 485 for a while




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  • scho69
    01-02 11:45 AM
    Is it BA with Mathematics (honors) or BSC. in Mathematics (honors). or does it say General?



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  • fide_champ
    06-25 04:14 PM
    My lawyer claims she seems to be getting all the information from USCIS and Aila but i cannot believe that she missed this simple one. They don't even realize how it can screw people's careers. If i don't get the application back within 2 weeks, i am screwed forever.




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  • skd
    01-09 09:13 PM
    jayleno, are these Co-worker and Other friends, Do all 4 have GC's ?



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  • pd_recapturing
    04-04 03:25 PM
    It also talks about 180 days rule. On the other hand, they are still sending denial notices to ppl whose 140 have been revoked by the employer.

    "In most cases, the job offer in the Form I-140 must remain valid and available to the alien beneficiary until s/he obtains permanent resident status. In some limited circumstances, the law allows adjustment applicants to change employers without interrupting their eligibility for adjustment of status if the Form I-140 has been approved and the adjustment application has been pending for at least 180 days. USCIS recognizes that some workers may want to take advantage of this provision in the law and has increased its emphasis on processing the underlying employer petitions independent of the availability of a visa for the finalization of the adjustment of status application"




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  • immi_seeker
    07-14 05:11 PM
    Talked to both L1 & L2 officers in uscis. They have no idea whether this is an error or not. All they can tell is that it is the adjudicating officers who decide on the extension period. They advised me to send back the original cards with a new application to fix the error. I talked to my attorney and we are not going to do that. We will send an application to extend this EAD card before it expires.



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  • ssharma
    04-27 01:36 PM
    Your question has been answered at www.immigration-law.com ( advanced Q&A section). I am copy pasting :

    Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?

    A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
    Ref: http://www.immigrationportal.com/archive/index.php/t-210170.html




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  • tonyHK12
    01-07 09:17 PM
    THe Lottery is the dumbest piece to obtain GC. Imagine some guy who does nothing to the USA applies, comes here sucks the $$ out of the system by coming here, staying here and enjoying all monetray benefits of a GC like unemployment benefits etc


    People who have been paying taxes for 6-10+ years and working in the US economy get only 50,000 Green cards a year, while 50,000 complete strangers in a foreign country get Green card in a year because they happen to be lucky and win a lottery !! :mad:



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  • DSLStart
    07-25 09:51 AM
    I too received an email couple of days back that my 140 which was approved in Dec 05 has been transfered from VSC to TSC. Wonder whats going on :confused:




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  • dbevis
    March 14th, 2004, 08:32 PM
    Nope. I do have email in it, but found that useless. I"m sort of a bipolar technogeek, I guess. Deep excess in some areas, total disdain in others.



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  • sertasheep
    03-16 11:14 AM
    The only easy options I see for US educated physicians (of Indian origin) are either the Middle East(where , you can get jobs after min 2+ years of US work experience, not just residency) or back in India.
    - Neither Australia or UK recognize US medical education(ironic, isn't it!!!), requiring an arduous recertification process. Not worth it, IMHO.
    - Canada claims that the process is simple, but Note that this is not that simple and rosy- jobs aren't that easy to get in Canada.Do a google search for "foreign doctors in Canada". Also, don't go by what migration/immigration agents tell you.
    - I have heard of "exchange programs" (you work for a couple of years) in New Zealand or Australia, but you can't settle down there, unless a non-physician spouse is already a permanent resident or citizen

    If something has changed in the recent past, or I am wrong, I'd like to hear more.

    Here's an email trail from 2003. You can probably talk or contact the organization given below.

    >>I hope this can help clarify your situation as concerns your wife's
    >>future employment in Canada. If she will be graduating from an
    >>accredited medical college in he United States, she will have
    >>substantially less difficulty obtaining her license to practice medicine
    >>in Canada.
    >>
    >>She will have to complete the qualifying examinations that are
    >>administered by the Medical Council of Canada. There are two of these
    >>exams. Information about these exams can be found at http://www.mcc.ca.
    >>She should not have to worry about being subjected to the international
    >>medical graduate programs since American schools have their degrees
    >>recognized by the licensing bodies in Canada.
    >>
    >>If you would like to speak to me directly please feel free to contact me
    >>at the numbers below.
    >>
    >>Regards,
    >>
    >>Scott Butler
    >>Member Relations/Project Manager
    >>Association of International Physicians and Surgeons of Ontario (AIPSO)
    >>2 Carlton Street, Suite 1004
    >>Toronto, ON M5B 1J3
    >>
    >>Phone: (416) 979-8611 x 4301
    >>Fax: (416) 979-9853
    >>Email: membershipaipso@cassa.on.ca
    >>Web: http://www.aipso.ca




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  • Maverick5
    08-26 03:57 PM
    I am also in the same boat. I have my Masters in Mechanical Engineering. I had filed for H1B with companies A & B as Mechanical Engineer and have worked with them for 1.5 years each.

    Recently I had switched to desi company (C) and had to file my H1B as Software Engineer. I got my H1B without issues. I am crossing my fingers and planning to apply for Labor Certification as Software Engineer in EB2. (MS -Mech Engg + 1 year experience).

    Other members pls share your experience if your case is simillar. I know lot of people who did their masters in other fields and changed to Software when they were in OPT. But do not know some one who has worked in H1b as Mechanical engineer and then got another H1 as software engineer. Has anyone with my simillar background, gone past the I140 stage?
    Thanks.



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  • STAmisha
    11-15 12:42 PM
    You dont need a new H1 to come back to USA from Canada.All you need it is a valid I-94 and I-797. Dont surrender the I-94 at the border. This rule is called automatic revalidation rule.




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  • akhilmahajan
    11-15 08:15 AM
    New England (MA, ME, NH, RI, VT) folks come forward and lets plan out meeting the lawmakers.

    What u say folks? This is the right time to act.

    GO IV GO. TOGETHER WE CAN.




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  • logiclife
    06-22 12:52 PM
    "According to Miller, only about 30 percent of applicants are running into such difficulties."

    ONLY??!! Since when did 1/3 of something become "only"?

    Maybe he should volunteer for a pay cut of 30%. ONLY 30%. See, its trivial little teeny weeny 30%. Its nothing. You wont even feel it. How about that director?




    gcwait2007
    06-06 04:54 PM
    Hi

    I used to work to a client in Phx, got an interview request @ a financial firm in New york cleared it and vendor started processin' my H1 transfer. For the interview or for rellocation i wasn't paid anything. But before the start date bcoz of my credit report client rejected my offer.

    But the vendor nuthin' in writing was the one who asked me to resign and bcoz of him was on bench for almost 2 1/2 months, now they say somewhere in the contract which says i have to repay all the expenses they spend on me which was close to $5000.

    They sent an email sayin' i haven't provided the services to them from the start date indicated on the contract so have to repay them. Will i have to repay them jst bcoz i signed tht piece of the contract but i was rejected by the client, they said they won't try for new jobs i have to search myself as well they haven't paid me anything since they got my H1.

    Do i stand any chance if i contact DOL or a lawyer not payin' them.

    Any suggestions or help would be greatly appreciated.

    mk58581:

    First of all, you have provided incomplete details. It appears that you are at fault for having signed an contract, with out understanding the consequences.

    Please mention clearly whether the contract is an employment offer? or a specific contract engagement (CON_W2) hour?. If so, what are the remuneration terms, termination terms, etc. I do not understand where is the Vendor relationship coming from? Every contract is give and take. It is definitely possible to find solution to such kind of problems. If the employer is cornering you for refund of expenses incurred, then you may have to find ways to corner him/ them if any of the contract terms were not fulfilled. One good reason can be asking for salary since commencement of employment with Employer. Whether you are in bench or not, the employer is expected to pay you. I hope you have been submitting your timesheets in a timely manner. Please keep those copies for handy incase you need to take up the matter with DOL. You need to talk some seasoned friends, who can help you to draft suitable reply to your employer. You don't need an attorney at this stage.

    I wish you Good Luck.

    PS: Your English is funny, I had to read your post few times to understand what you have written nuthin'; sayin'; jst bcoz tht piece




    saurav_4096
    04-12 09:38 AM
    Gurus,
    Please help me guiding in my situation:
    I have been on H1B for about 2 years, I came through desi consulting company. As usual there were no bench salary and very irregular payment during project duration also, I was not paid for about 50% of time.

    I had switched to another employer couple of months back, My H1B approval with new employer is still pending. recently I had got letter from Department of Labor (DOL). They are trying to investigate my previous employer if he is complying with american competitiveness and workforce improvement act(ACWIA) of 1998.
    They had sent me a questioner about previous employer about salary being paid etc.

    I am not sure what should I be doing in this situation:

    If I reply with all facts this might effect my pending H1B status for new employer.


    If I write in a way that thing were as per LC then I am lieing, which I am not comfortable with.


    Third Option could be that I do not respond at all
    [They had mentioned that I am NOT required to respond.]

    I am seeking help from experts and forum members, what should be I doing in this situation so that my H1B transfer do not get jeopradasided.

    Thanks
    Saurav



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