Friday, June 10, 2011

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  • uma001
    12-19 09:59 AM
    Hi,

    My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:

    1. To apply for the SSN she would need the original I-797 and the I-94, correct?
    2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
    3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?

    Thanks in advance.

    Sagittarian,

    Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?




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  • knnmbd
    04-28 02:45 PM
    DOL Proposed Legislation for Labor Certification

    In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.

    A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.

    The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.

    Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.

    I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.




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  • pankaj_singal
    08-20 07:41 PM
    any particular reason for pd pre 1/1/2006? i know coulple of folks who have this criteria.


    Looks like we are the only three so far..




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  • mattresscoil
    11-05 02:29 PM
    I find it difficult to digest that parents ship their infant children to someone else to raise.
    Shantanup:

    Circumstances my friend...Circumstances
    1. Either you dont have kids to understand
    2. Or you are blessed/lucky enough to have great circumstances to raise your kids personally.

    You have expressed your feeling that it is difficult to digest and I respect it. Thanks for voicing your opinion which BTW did not give me any information on what documents are required. Others have responded, Thanks to the responders and you too Shantanup!

    It helps the situation when one asks for a question and one is able to answer instead of voicing ones own personal problem/opinion. Anyways I wish all well to you and hope you never have to ship your kids!!

    Best Wishes, Mattresscoil!!



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  • raysaikat
    12-19 08:16 PM
    Thank you for replying.

    I believe when I was young I entered with family visit visa, then I re-entered the country using a re entry visa. I assume both has expired for awhile now, although my I 94 doesn't state an expiration date, it stats "ans or status" Could you explain what that means?

    You are probably reading the notation wrong - it is probably "and/or status".

    In US immigration, there is a notion of "status" which basically means you do/live in US the way you promised the immigration officer at the time of entry. If you were entered as an F-1 student, then you remain a student in good standing; if you were entered as H1-B, you remain gainfully employed in the position (or a similar one) for which the H1-B was issued, etc.

    The second notion is "unlawful presence", which basically means you are staying in US beyond the time the immigration officer allowed you to -- i.e., the date on I-94.

    So it is possible to be out-of-status, but not unlawfully present (i.e., someone who entered on H1-B VISA stopped working even though his/her I-94 was valid for 6 more months).

    If you remain in US "unlawfully" (i.e., after the date written on your I-94) for more than 6 months but less than 1 year, you get a 3 year ban on reentering US. If you stay in US unlawfully for more than 1 year, then you get a 10 year ban on reentering.

    In your case, your I-94 seems to say the stay was valid until a date "X" and/or until you were in status. I am assuming that there is a date on I-94 even though you did not specify one. I am not familiar with that notation, so I am guessing. If the guess is correct, then that would mean that you started accruing "unlawful presence" from the date you became out-of-status and you were "old enough". As far as I remember, the "old enough" is 18 years old, but I could be wrong and it could be 21 years old.

    To determine when you became out of status, you need to know what was the required status at the last entry. If your sole status was parolee (i.e., you used advanced parole based on your submitted I-485), then you became out-of-status whenever the I-485 was rejected. As far as I know, the appeals process allows you to live in US, but if the appeal fails, as it was your case, the date when the status became invalid does not advance.

    So if you have no other VISA status as a dependent, then you are out-of-status. Assuming the I-94 expired long back, and that USCIS starts counting unlawful presence from your 18th birthday, then you have accrued unlawful days equal to your age in days minus 6574 days (counting leap-years ;) ).

    You can apply for a college, and the college may give you I-20, based on which you can get an F-1 VISA. However, you would have to go to your "home country" to get the F-1 VISA stamp on your passport (and they may ban you depending on the number of days you were unlawfully present). Basically, the only way I know of for you to get a legal immigration status is to go out of the country and get back with a legal visa (and of course, risk being banned, or denied VISA for any other reason).

    Your case is complex enough that you must seek advice from an immigration attorney before making any decision.




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  • kaisersose
    05-29 11:17 AM
    Gurus,

    I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:

    1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

    2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

    3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

    Thank You for answering my questions.
    KC Indian

    1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

    -- No.

    2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

    -- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.

    3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

    -- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.



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  • kiran_k02
    07-14 01:27 PM
    Anyone travelled recently through Germany (Frankfurt) using Advance Parole? Any issues with Advance Parole while coming back to US? Do we need transit visa? Appreciate your response.

    Please visit the old thread, you will find lot of information about this issue.
    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/25671-transit-visa-at-frankfurt.html

    Also take a printout of the information from the Website (http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html) (German Consulate Website).

    I hope you have already searched the threads for the information you are seeking and then proceeded to post your issue.
    I don't know IV policy but if we have an existing thread then please re-ignite the thread by posting your concerns which are missing from the posting. This way we can have single thread for single piece of information. Right now we have scattered threads for unique issues, same information gets repeated several times.

    Anyway have a nice vacation, don't worry too much about it.




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  • indianabacklog
    10-24 03:44 PM
    I am very keen to try and get a state chapter from Indiana. There have to be at least half a dozen of us.

    There are millions of Starbucks in the area, maybe we can monopolize a corner in one of them some time.

    From what I have read here then most of the replies are in the Indianapolis and northern suburbs, so I am proposing that we meet this Saturday at the Starbucks in Westfield!

    By this location I mean where Ashleys furniture is on US 31 and 146th Street.

    I can make it any time on Saturday but we have to set on a time, I am suggesting 11am.



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  • kondur_007
    09-22 02:57 PM
    hi All,
    I didn't find any topic on this so asking a question in a new thread.

    I got my GC last month. My company has some problem and requested to take pay cut (50%) for next 3 months. Will this effect my Green Card. I came to know that I should get the salary mentioned in the file at-least for next 6 month after getting the GC. Is this true?

    Please help me, I have to take decision ASAP.

    Thank you in advance.

    1. Salary cut should not cause any problem for you or your employer. It would be ideal if your employer also provides some reason (like slow economy!) for it on a letter.

    2. And of course you can leave the employer on that grounds. This will not affect your GC in any way.

    So relax....what all matters is "a good faith intention" at the time GC was approved. It is not your fault that the company is in financial trouble. You can switch employers or work with same employer at lower salary; all of it fair.

    Good Luck.




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  • nepaliboy
    08-06 07:16 PM
    i saw lud on i-140 in 7-13-08 and lud on i-485 on 7-22-08 but my PD is not current .
    i am Row pd 2005 september.



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  • insbaby
    11-15 12:37 PM
    Me.




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  • dpp
    06-11 08:58 AM
    I am also from Indy, please let me know if there are any meetings related to IV activities.



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  • pappu
    01-24 04:29 PM
    Is your lawyer your lawyer or company's lawyer?

    You must consult a lawyer who has lot of experience with AC21, EAD/H1 issues.




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  • fromnaija
    07-09 11:13 AM
    Sorry to burst your bubble but that list is sorted alphabetically.

    B'lore is the second choice for people to work outside USA. wow that is great to know.

    Cities:
    * Amsterdam, the Netherlands
    * Bangalore, India
    * Dubai, United Arab Emirates
    * Dublin, Ireland
    * Hong Kong, China
    * Kiev, Ukraine
    * New Delhi, India
    * Paris, France
    * San Jose, Costa Rica
    * Sao Paulo, Brazil
    * Shanghai, China
    * Tel Aviv, Israel



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  • h4_optimist
    05-07 12:33 PM
    guys..it is very unfortunate that you felt that im here to make sensation by creating stories out of my head..!

    the qn raised afew months ago was my friend who had this profile in this community..she gave me the link of the response, and also asked me to use her profile in future as she seldom use this community herself..in my situation, when we are going through lot of stress, i did not find time to create a new profile or update the current profile...i hope its not a major crime!!

    today i checked the profile page, and i did not see anything relevant information that i can add (most of it is GC application related, which im not dong). the only thing i could do is remove the state of residence of my friend!

    i cannot reveal my identity or share my personal information in a public forum other than my location which is India.

    My employer had filed a civil complaint, saying i have broken the contract which i signed with them that i will work with them for 18 months!

    if you do not feel comfortable helping a person without knowing the identity(i dnt see anybody in this forum using their real name), it is totally fine.




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  • indianabacklog
    01-03 02:38 PM
    Folks,
    Can someone clarify the situation of 485 being approved while one is outside of USA. In such a case, if one does not have AP to return to US, then is it considered that the 485 petition is abandoned and one cannot use the approved 485?

    I vaguely remember seeing that even if one has valid H1B (or get renewal stamping outside USA), travelling like above situation is risky without AP.

    Thoughts?

    If you have a valid visa status and by some miracle your green card is approved while you are on vacation this should not be a problem.

    If you have travel plans and your priority date is not current this is a pretty good indicator of the chances of this happening.



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  • hariswaminathan
    06-21 11:52 PM
    Got this from the Chennai US consulate website.
    I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

    B-1 in Lieu of H
    Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

    Hold the equivalent of a U.S. bachelor�s degree
    Plan to perform H-1B-caliber work or training
    Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    The task can be accomplished in a short period of time.
    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

    Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

    When seeking a visa for this purpose, please clearly explain this in the applicant�s BEP cover letter.

    If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation �B-1 in lieu of H.� These visas may not be used for pleasure travel.

    The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler�s duties, length of stay and remuneration plans.




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  • gcisadawg
    04-16 11:11 AM
    bbct & vin13,

    Thank you both for your replies! We are trying to figure out what to do.
    She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.

    Thanks,
    GCisaDawg




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  • chanduv23
    09-14 10:32 AM
    Please allow me to answer your question when I see you in person.!:o

    U R A HEROOOOOOOOOOOOOO - YES WILL SEE YOU IN PERSON THERE




    jasmin45
    07-16 08:58 PM
    Interesting to know this.. but it could be just the person whom you talked to.. did not mean to play down your enthu.. its just my thought as USCIS/NSC cannot afford to have another round of communication issues over the mess that they have presented us with "effective" communication between DOS/USCIS on June 13th and July 2nd.




    andr.in
    10-05 03:44 AM
    It was all done in 3DS MAX! =)
    http://www.hot.ee/syko/kirupaf1.jpg
    btw: I made the sig today and it took me about 10 minutes or so... =)



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