Monday, May 30, 2011

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  • Naruto
    11-30 10:33 PM
    anyone?





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  • snathan
    02-09 02:48 PM
    well if there's a way for you to get your approved labor certification doc, or even the copy of the filed labor application; then definitely get it.

    The labor app has the exact job description too. So if you do use portability (ac-21) it'll help to match it with the job specs of the new position.

    good luck.

    Read it properly before you jump. When there is no I-485 filed, where is the AC21 coming into the picture.





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  • Michael chertoff
    05-17 08:51 AM
    Dear Attorney and other friends,

    Please give me some advice on my situation,

    My mother had green card through my sister who is US Citizen. four years ago my mother wen to India and did not came back. after 6 years she again came back on visitors visa.

    we want to renew her greencard.

    Please advise if it is possible of we have to start new process?

    Thanks

    MC





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  • braindrain
    10-17 01:03 AM
    I am planning to sponsor for my in-laws and have a list of all the required documents, but I have a question about the financial/property documents they need to to take. The reason being, my father-in-law is retired and since then they have been living based on he pension and rental from some of the properties they own and have not filed tax returns.

    Will getting the property evaluation and showing cash balance sufficient OR do I need them to take any additional documentation. Their source of income is just the pension and rental properties. Since most of the transactions happen in CASH in India, they don't have bank statements or records to support the rental property, except for the original property documents associated with the rental properties.

    Since I am the sponsor, I have got all the required docs from my side both immigration and financial docs properly. I believe, my in-laws also need to get the property and other docs handy to prove the ties back to the home country.


    Please advice...



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  • pappusheth
    04-11 12:27 AM
    Ask your company if they can do your H1 extension under CORP thus the legal entity does not change and there should be no issue.

    It seems like for your initial H1, it was a mistake on their part that they filed you H1 under CORP while you were actually paid by the BANK. Can you ask them why they did that in the first place?

    If it's a mistake on their part, there's no reason why you should suffer and they must take every effort to help you out. Work with them, talk to your manager, his/her manager and explain them the issue. It's an internal thing and I'm sure can be worked out.

    Hope this helps.


    ----------------------------------------------------------------------------------------
    I'm not a lawyer. My posts are simply my views and not a legal advice.





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  • mkarothi
    07-11 05:41 PM
    Hi,

    I am in the following situation.

    1. I am going to complete my 6yrs of stay ( L1 period + H1 period) in USA by Dec 2008 (after adding my vacation time in India).

    2. I got H1 valid till June 2010 and got stamped on passport that valid till June 2010.
    ( USCIS approved H1 for me till 2010 eventhou I complete 6yrs by end of 2008)



    3. My LC was electronically filed in September 2007 in EB2 category in Chicago DOL. Got Audit in October 2007 on Business Necessity ground and was replied within due date.

    4. After several months of waiting (Audit response was accepted), it was denied on the following reason. "The internal job posting was not as per the DOL regulations".

    5. My Lawyer said, the notice that was submitted was in the proper format-the exact format specified by the regulations that applied for reconsideration

    He also mentioned that, he filed LC for other candidates with same job posting and got approval on their cases.

    6. Now, Atlanta is processing all permanent Labors. As there is a huge back log at Atlanta processing center, My lawyer suggested to apply a new application rather waiting on this reply.

    7. we need wait another 2 months ( for job ads and wait for response ) before even we can apply for new LC. even we apply some time in September 2008. I should get an approval immediately (as I am going to complete 6 yrs) otherwise I will be in trouble.


    Given the scenario, what are my options as I am on time crunch.....?

    Any suggestions greatly appreciated.



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  • nat23
    12-15 09:35 AM
    Have a question related to that:

    If job / EB2 stipulates Bachelors + 5 years criteria, does it imply 5 years after obtaining the degree or can the experience be cumulative ?

    From what I know the 5 yrs are after obtaining the degree. Your job responsibilities should increase in those 5 yrs. That is why when people try to apply under EB2 with Bachelors + 5 years criteria the experience letters play a big role. On the other hand when people substitute the Bachelors + 5 years criteria with MS and a few yrs experience all they need is the degree and a letter from the co-worker that they worked there without having to spell out the job responsibilities.

    Having said all this, I might be wrong as I'm not a lawyer.

    Cheers
    Nat





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  • Steve Mitchell
    December 9th, 2003, 09:40 PM
    I think digital camera marked is very close to home computers. I used to buy the latest and greatest computer every yar and a half or so, until I realized I spent a hefty premium for the cutiing edge, and the next level down (yesterday's best) was so much cheaper, and offered all I needed. Camera bodies I believe are just about there.

    two I-485 (One as primary and other as dependant) [Archive] - Immigration Voice

    View Full Version : two I-485 (One as primary and other as dependant)




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  • msp1976
    04-13 12:08 PM
    Some respectable names in the members list...
    I donot think that these people are directly responsible for creating the issue in the first place....It is a reactive response to the anti-immigrant postures of many candidates...Also people like are us are not eligible to donate to immigrantList...Only citizens or premanant residents can contribute to immigrantList.....





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  • waiting4gc02
    01-20 12:23 PM
    Guys:
    Our( my wife of H4 and me on H1) currently have visas stamped till end of Feb'07.

    Now, I am going to file for my extension.

    The question is that if my wife travels out of US before end of Feb, according to my lawyer we do not need to file foe her extension.

    When she is to come back the lawyer says that she would get her H4 visa based on either my pending application or approved extension.

    Is this possible, that without filing for her extension she can get her H4 in Delhi stamped, based on my extension application..??

    Please share your thoughts.. I am perplexed..!!!

    Thanks



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  • abracadabra
    07-09 10:13 PM
    migstory(at)microsoft.com
    Please kindly send your stories, to microsoft at this email address they sincerely requested to send July2nd personal stories, there is a huge drive for these stories so that the legal department at microsoft will take this plead to the congressman/senator, this is a serious plea. I am sending mine





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  • maitabasa
    07-26 10:05 PM
    I obtained an H1B visa through Company A (starting October 2008) and the H1B visa was valid until September 2011, unfortunately in March 2009 I was laid off. As a result to maintain my status I switched from an H1B visa to a B1/B2 visa. I actually went to my home country and got the visitors visa from the consulate in my home country. In July 2009 I returned to the USA and entered the USA as a visitor on a B1/B2 visa.

    My question now is what happens if I obtain employment. What does my new employer have to do? Since my initial H1B approval is valid until September 2011, can by new employer just take over the H1B without me having to go through the lottery system again even though currently I am on a visitors visa and have been unemployed for more than 3 months?

    Thank you.



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  • Horace Jones
    07-15 09:12 AM
    I agree that option B is the correct choice. They are looking for you to have a stable residency, so having it established as the application time nears makes the most sense. Still, I would consult with an expert or an attorney if you have the opportunity.





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  • Vic
    02-07 04:49 PM
    Just carrying a copy of the receipt is sufficient. Normally the officer will only be interested in the passport and original AP document - that was my experience recently coming into the country.



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  • ravi98
    11-24 12:13 PM
    Ezra Klein - Should states set their own immigration quotas? (http://voices.washingtonpost.com/ezra-klein/2010/11/should_states_set_their_own_im.html)

    The Kauffman Foundation has a report out ranking the "new economy" states. Their methodology "measures the extent to which state economies are knowledge-based, globalized, entrepreneurial, IT-driven and innovation-based � in other words, to what degree state economies� structures and operations match the ideal structure of the New Economy." The winners? Massachusetts, Washington, Maryland, New Jersey and Connecticut. The laggards? Mississippi, West Virginia, Arkansas, Alabama and Wyoming.

    I never really know what to make of reports like this, but one of the metrics is "immigration of knowledge workers," which really isn't under the control of individual states. Visa quotas are set by the federal government. But why? There are a lot of places where a national solution really is best, but that seems particularly untrue in immigration. Detroit, for instance, has a lot of empty houses, a lot of shuttered factories, and a lot of emigration. They could probably use a bunch of immigrants to occupy homes, buy things, and start businesses. Similarly, California has had a pretty good experience with letting highly skilled immigrants start tech firms in the Northern part of the state. Maybe they'd like to let even more of them in to do it. These graphs explain the potential appeal (click for a larger version):

    immigrantbusinesses.jpg

    There are obvious difficulties with having a California visa that doesn't work in Oregon. But we have limited visas now -- think student visas, or temporary agricultural workers -- and we seem to get by all right. Another concern would be that certain states would be overtaken by xenophobia and basically shut off immigration, though Arizona suggests that you can do quite a lot to make immigrants miserable even without changing the number of available visas, and my hunch is that any state that went too far in this direction would face a tremendous outcry from its business community.





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  • sparky_jones
    02-24 10:07 AM
    Filed 02/18 (law was passed 02/17) under premium, approved 02/24.
    Congrats.

    I wonder how DOL is interpreting the "new employment" clause in the new law that prevents TARP companies from sponsoring H1Bs. Technically, an LCA filed for an H1B extension is for a "period of new employment". If they were to strictly follow this technicality, H1B extensions by TARP companies would also be unlawful. However, from the employer's perspective, an H1B extension is not a new employment, but a continuation of an existing one.

    Have any of the celebrity immigration lawyers published their interpretation yet?



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  • nk2006
    07-10 01:24 PM
    Guys,
    AILF is seeking plantiffs. Please show some spine & courage. If your employment history and everything on your green card file is clean, volunteer for becoming plantiff. I have a gap in employment otherwise I would have surely volunteered.
    Thought AILF already has enough plaintiffs - this was last week's news. Anything changed or they just looking to add more plaintiffs?
    It would be good if someone with a compelling story comes forward (I have a normal story but still i will check with my company/attorney if there are any objections if I join as plaintiff).





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  • Blog Feeds
    10-15 06:30 PM
    India has expressed its concern to the Chinese government over Beijing issuing visas on a separate sheet of paper to Indian nationals from Jammu and Kashmir instead of stamping them in their passports. Ministry of External Affairs (MEA), India strongly believes this, as a well-thought-out strategy to question the status of its state Jammu and Kashmir. It has been issuing visas stapled to passports to people from Arunachal Pradesh who have traveled to China since 2007.

    MEA spokesperson Vishnu Prakash says �We have conveyed our concern to the Chinese government in this regard. It is our considered view and position that there should be no discrimination against visa applicants of Indian nationality on grounds of domicile or ethnicity.�
    It�s not clear when the Chinese started issuing visas on a separate sheet of paper to Indian travelers of Kashmir. The matter came to light when immigration authorities at New Delhi International Airport, India turned away Kashmiris carrying the standalone visas, assuming they were fakes. The Chinese embassy however issued letters confirming that it had issued valid visas. The matter was then brought to MEA�s notice, prompting it to take up the issue with Beijing. Immigration authorities have been directed to treat the standalone visas as invalid.

    This is just to brought some Immigration development in other parts of world. We strongly belief that both the Asian neighbors will resolve such issues amicably soon.





    More... (http://www.visalawyerblog.com/2009/10/unique_visa_policy_adopted_by.html)





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  • OLDMONK
    06-21 10:26 AM
    I-134 was the most confusing form for me too.
    I let my lawyer fill it for me, and she did tick the "intend to" but did not fill the area in question.





    rkdnc9
    08-20 01:12 PM
    Hi All..

    I am on H1 since Oct 07. I haven't left USA so far and so I haven't gone for stamping. However, I heard that I need to go to stamping before completion of 1yr after getting H1. Is this true? and to what cases does this rule apply?

    Please help. I am confused.

    Thanks,
    rkdnc9.





    alexgeek
    01-17 02:14 PM
    That's C# but I think that particular code will work with any .NET language.



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