Wednesday, June 8, 2011

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  • leslie535
    02-28 11:00 AM
    hey unitednations:
    She had the B visa all along so there is no issue of her telling the truth or not on the visa app.
    I have looked into the V visa before as well, and as we know, it is not applicable since I filed the I-130 July, 2006.
    The present situation is that we just booked a ticket for her and the baby to head home on March 17th (the I-94 expires March 24th.) The hope is to receive good news on the grad school application and commence the work on the F-1. Thanks for your inputs so far guys..
    Leslie





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  • ita
    01-16 11:13 AM
    Thank you so much vin13.

    So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
    So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?

    Thank you again.

    Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).

    You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.

    Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.





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  • Better_Days
    12-01 12:55 PM
    Guys,

    I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.

    Guys please share your experience with me since its important for me to get I-140 approve for future growth.

    Thanks

    To answer your original question, my I-140 under EB3 was denied on the basis that my 3-year Bachelor in Computer Science was not equivalent to a 4-year BCS degree. I appealed to the AAO and attached an evaluation from Sheila Danzig.

    While the AAO was pending, I started the process from scratch by filing a new PERM and my second I-140 was approved. So I guess it is possible to file a new I-140 while the original one is under appeal.





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  • shaikhshehzadali
    12-28 02:04 PM
    They were NOT. They just put DEC 14 as the post date but they were NOT available online until yesterday. Now where were you buddy ?

    Look for the first news item posted today at : http://www.immigration-law.com/Canada.html

    Why did u give a negative marking for that?



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  • WAIT_FOR_EVER_GC
    11-11 12:51 PM
    ASK THE LAWYER FOR FREE int the NOV 11 FREE ATTORNEY CALL
    Every week there is a free call
    Hi All,

    I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
    I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master�s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
    The notice states:
    "��..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
    However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
    If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
    The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."

    Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.

    Now here my questions:

    1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?

    2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!

    3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?

    4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?

    5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.

    6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?

    7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?


    We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.





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  • Designs: Guitar Tattoo



  • GCplease
    03-25 02:21 PM
    I travelled to chennai last March via Emirates. No problems with transit visa or something. The price was good too. airport has a duty free shop for Jewellery and other stuff. good place to shop. but we had to wait a long time for the connecting flight.

    The next time I go there, am planning to take a visa and tour Dubai. Heard that Dubai has some great places to see.



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  • bsbawa10
    12-23 12:58 PM
    You should be fine. I have been in the exact same situation did not have any problems excepting secondary inspection in which no questions were asked.





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  • ss777
    12-01 07:35 PM
    It sometimes take longer than few days. During my years of getting AP's every year there are times I had my AP in hand within 3 days to almost 20 days. I am confident you will get your AP document much before the end of the month. Good luck with your travel plans.



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  • Templarian
    04-23 07:01 PM
    ^Don't lie to him. Spyrl your going to need to remove your current DX9 card or DX10 card and put in a DX7 when your testing.

    for real though, all DX10 cards are backwards compatible with DX9L. SDL is pretty much compatible with everything your heart will ever want.





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  • days_go_by
    05-25 10:57 PM
    and everyone else involved.



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  • GC_Applicant
    07-26 02:52 PM
    Thanks for your response. I have not tried the infopass yet. But my PD is not current and will that be an issue for scheduling an Infopass apointment.

    Also, is Infopass same as Service Request (SR).


    have you tried infopass?





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  • english_august
    07-07 04:10 PM
    Great news: IV core is supporting the flower campaign - see this thread (http://immigrationvoice.org/forum/showthread.php?t=6191). :)

    We have until tonight to place in the orders so that the flowers can be delivered on Tuesday.

    Everyone who kept the faith - thanks and lets continue sending emails or calling people to let them know about it.
    People who said that they will send the flowers only if IV core supports it - please send flowers asap.

    BTW, I am curious as to who first proposed this idea.



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  • ss_col
    07-17 04:27 PM
    I am pretty sure these are people have come here to disrupt the forum or else who does not know about Sheila Murthy. It is just my observation that earlier all the questions were related to genuine issues and were answered as best as members knew. Recently a lot of people have joined in who have brought in negative energy, are abusive, are doubting IV, trying to create doubts in others minds, come to have fun or joke around, trying to prove that IV is a free for all forum and they can say what they want to say. All this was never there earlier. I think administrators should look into the same. IV is there to answer immigration problems and issues. People blame lawyers for not updating their websites or not informing clients unless an official news has come out but when IV came out with announcements before the news is official - all the new comers have done is mud slinging IV.

    Be thankful there is a IV.





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  • HereIComeGC
    03-26 01:49 PM
    How did you come to this conclusion?

    From previous experiences, USCIS will work like crazy and use up all
    visa numbers for EB2. Like they did last September - approving 60000 or so appplications.



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  • wandmaker
    02-16 12:58 PM
    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David

    For Q1, Please call 1-866-487-2365
    For Q2, Please call 1-800-375-5283





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  • kittu1991
    11-16 01:37 PM
    If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.

    Please don't give out wrong information. Noone asking you to reply if you are not 100% sure of what you are saying.:mad:

    Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.



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  • sanjose
    07-17 07:11 PM
    so this is only for ppl with BOTH white card and green card.

    what bout rest of us like who never been to canada or applied for canadian white card. if i get GC in future and visit canada, will I face any issues? just wondering?

    Please read this: Entering Canada • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/enter_canada.asp)





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  • ivgclive
    03-21 06:29 AM
    Only for the first time it is hard for you. Second time it becomes very easy.

    There are many here right from PD 2003, have no parents, no brothers, no sisters, no relatives and no friends back home eventhough they still live there.

    Our only relative/friend/brother/sister is USCIS nowadays, it decides what we need to do when we wake up everyday!

    Eventually people may think of naming their kids like "USCIS", "DOS", "EAD", "AP" etc.

    :D





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  • Instrument(s): Bass guitar



  • nozerd
    11-17 11:44 AM
    Do you agree with this statement

    If Employment Based Immigration Reform happens, it will happen in Calander year 2007. This reform could be in any form CIR or SKIL. If there is no reform by January 2008 its not gonna happen.

    Thanks





    ca_immigrant
    12-19 07:32 PM
    This is Pat B 's broken record. He has lost all his credibility during all these years of immigrant bashing. He can write as many of them but other than red necks, no one is impressed. He is 71 years old and in couple years he will be gone. Old age brings some mental issues with it.

    ...lol......old age brings some mental issues....I like that ;)

    take it easy folks....just ignore what Pat B@#$#@% wrote.......
    only a jacka** (who probably does not want to work hard) like Pat would be worried about loosing his job to others.....





    raysaikat
    10-10 11:37 AM
    Thank you very much for all your support.

    Do I need to inform him before I leave ? because he is with his relative place. What is the process for that ?
    This is a domestic problem, not an immigration one. Legally, a dependent is assumed to _depend_ on you. Anyway, just give him a call/send an email/letter informing that his stay would be illegal after you leave.
    If I leave without informing him, then what he can do on me ?

    Legally, nothing.



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