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Tuesday, June 28, 2011

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  • Ann Ruben
    01-12 06:33 PM
    Yes, it is legal and possible to hold multiple H-1's with both non-profit and for profit employers.





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  • go_guy123
    08-10 08:30 AM
    My LCA for H1B extn for 6 years is approved on July 15. But still my company lawyer is not ready to file the extn. He keeps on saying that I didn't get the approval notice from DOL, It's certified online only, So without physical approval document, I cannot proceed.

    Guys, Since it's certified already, Can he get a LCA detail and print using his account from iCert?

    I also checked the online status in iCert (he gave me the case No), the status says certified.

    So in this How long DOL took to send the physical copy of LCA?

    Since my H1B is expiring October, I need to file extn ASAP. My company lawyer is not helpful ...

    Your replies are much appreciated ....


    H1B, Perm/I140 are all employer driven. You are a mere spectator in this whole process.





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  • martinvisalaw
    07-16 01:22 PM
    My MTR was received by USCIS on June 25, 2009. Today I received an auto-generated email with case status update. My MTR has been denied :-(

    Any advice for the next steps is appreciated.

    What were you or the company applying for originally that was denied? More details please....





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  • yz0523
    12-09 07:16 PM
    Hi:

    I received RFE (employment verification letter) from USCIS, texas center two years ago. I was still employed by the company who filed my GC application at that time. So the company replied and my case status was updated. But my PD was not current, so my case is still pending until now.

    I lost job recently, if my PD became current in early 2010, will USCIS EVL me again?

    I know no one can predict how USCIS works. I just want to check if anyone had experience that was checked employment status twice?

    Thanks

    YZ0523



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  • franklin
    07-16 01:35 AM
    Hey guys

    I just wanted to let you know that all the San Jose members are thrilled that other people have been inspired to hold their own rally.

    We are working on a document that details what gives advice on what we did and how we did it. As well as things we learned that we should have done!

    Hopefully we'll be able to post it in a few days time, but please bear with us, we need sleep, to catch up at work and make sure we cover all the details.





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  • sanju_eb3
    04-28 09:43 AM
    I think you have to wait until your 3yr H1B is clear. If you find a new job before your current H1B expire, you may not have enough time left on your H1 to get the new GC labor and I-140 approved.

    Hi,

    My I-140 will be approved shortly in premium processing and I'll be applying for 3yr H1 extension. There is a chance that I may get laid-off soon and I wanted to know if I can change the jobs while my H1 extension petition is pending with USICS. My current H1 will expire in June'07.

    Sorry, if I am asking a question that has already been addressed here. I tried to browse the forum but could not find anything.

    Thanks,
    Natika



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  • Blog Feeds
    08-26 07:30 PM
    Great Analysis from AILA to share with our readers. PL 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html) and $2,250 for certain L-1A (http://www.h1b.biz/lawyer-attorney-1137416.html) and L-1B petitions postmarked on or after August 14, 2010. Petitioners subject to this new fee include employers with more than 50 employees in the U.S., for which 50% of their workforce is on H and L visas. The fee will remain in effect through September 30, 2014.

    USCIS indicated that Vermont Service Center and California Service Center were instructed to hold any H or L petitions sent after that date, pending guidance on how to determine whether the petitioner is subject to the new fee. USCIS will be modifying the I-129 or H-1B Data Collection Form to include information on whether this fee applies.

    In the interim, USCIS suggested that petitioners could proactively include a �certification� regarding the fee, including a notation of whether the fee is required in bold capital letters at the top of the cover letter. The sample certification that the petitioner is not obligated to pay the fee would be:

    �[Name of employer] has over [insert total US employees] employees in the United States, of whom fewer than [insert number or percent] are H-1B or L nonimmigrants. As such, [name of employer] is not subject to the additional fees required under PL 111-230.�

    We will update our readers as we receive more guidance on this new change.




    More... (http://www.visalawyerblog.com/2010/08/h1b_visa_attorney_understandin.html)





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  • akilaakka
    09-21 07:43 PM
    Hi friends,

    My name has been misspelled in the FP notice. Is this critical. Can I fix it.


    Thanks
    Ramkrishnan



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  • sircaustic
    10-31 11:01 PM
    ^^^^^^^ bump ^^^^^^^





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  • reddy77
    10-24 03:13 PM
    Thanks chantu, does that mean we need to keep renewing her EAD every year. Also, can we renew her h4 when I renew my h1. Thanks ....



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  • hazza
    09-29 11:54 AM
    hmm, yeah thanks for the advise there - ill get that BS part changed - i didnt realise it until one of my friends pointed it out. i meant to change it ages ago!





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  • Blog Feeds
    09-17 06:00 PM
    As a service to our readers we publish local ceremony dates. If USCIS approves your application for naturalization, you must attend a ceremony and take the Oath of Allegiance to the United States. USCIS will notify you by mail of the time and date of your ceremony.

    The notice USCIS sends you is called the "Notice of Naturalization Oath Ceremony" (Form N-445). In some cases, USCIS may give you the option to take the Oath on the same day as your interview. If you decide to take a "same day" oath, USCIS will ask you to come back to the office later that day. At this time, you will take the Oath and receive your Certificate of Naturalization.

    If you cannot go to the oath ceremony, you should return the "Notice of Naturalization Oath Ceremony" (Form N-445) that USCIS sent to you. You should send the N-445 back to your local office. Include a letter saying why you cannot go to the ceremony. Make a copy of the notice and your letter before you send them to USCIS. Your local office will reschedule you and send you a new "Notice of Naturalization Oath Ceremony" (Form N-445) to tell you when your ceremony will be.


    SAN DIEGO NATURALIZATION CEREMONIES
    2010/2011


    SEPTEMBER 17, 2010

    OCTOBER 20, 2010

    NOVEMBER 17, 2010

    DECEMBER 16, 2010

    JANUARY 9, 2011

    FEBRUARY 23, 2011

    MARCH 23, 2011

    APRIL 27, 2011

    MAY 18, 2011

    JUNE 22, 2011

    JULY 20, 2011

    AUGUST 24, 2011

    SEPTEMBER 16, 2011

    SEPTEMBER 28, 2011

    OCTOBER 19, 2011

    NOVEMBER 16, 2011

    DECEMBER 14, 2011




    More... (http://www.visalawyerblog.com/2010/09/san_diego_citizenship_attorney_1.html)



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  • rajiv404
    12-09 06:11 PM
    I recently found a new job and they filed for my H1 transfer in premium processing. I am still working for my old employer. Now I have got an RFE questioning why my salary (in 2009 W2) which is less than what was mentioned in my previous petition. Even though I have all my paystubs I was on bench for few months between march - may 2009. I have a leave letter for 4 weeks vacation in may and my salary was reduced when I got new project. Which explains why it is less but may not be enough to prove it to USCIS. Salary in W2 could also be less that prevailing wage. Right now I have following scenarios
    1. WIthdraw application - not sure repurcussion of this.
    2. Respond to RFE with mentioned reason which can have following outcomes
    a) Appoved - (good i will be more than happy)
    b) Approved with consular processing - (I dont want to travel at this point of time outside US)
    c) denied - (not sure)
    3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?

    Here are my questions
    1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
    2. Senario 2.c. If I get "Denied" what will be my current status?
    3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
    4. Scenario 3, Can this happen?

    Any response will be appreciated. Thanks!





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  • suratvoice
    01-28 03:02 PM
    I have a original copy whereas the lawyer has the approved I140.

    Should I ask for the original or is that copy good enough?



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  • milind70
    11-21 09:17 AM
    Hi Gurus,

    Sorry I could not find answer for this question on any of the threads here. can anyone please answer the question below

    "Copy of visa page of passport in color " is listed as one of the supporting docs for ead renewal.(in the IV thread on EAD self filing)

    Do I need to send the copy of visa stamp even if my stamp has expired and I am working on EAD? (my I-797/I-94 expired too).

    Can someone please answer this as I need to apply for ead renewal soon.

    I had the same question so i spoke to my lawyer/attorney
    she said that it is not necessary
    infact in intial eveidence
    1) copy of passport or DL or Visa Page or some national Id with picture
    2) color photos
    3) copy of 485 recipt or EAD

    She said most of the attornies/lawyers are asking for extra documentations so that to pre-empt RFEs but she asked me to file with intial evidence that is asked on the instruction form i.e the three items i mentioned above.
    I filed with those if they require additional evidence i will comply.





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  • SGP
    01-18 04:37 PM
    My salary in 2011 has been raised by $20K per annum, from what it was in 2010.

    Will this have any consequences on my next H-1B renewal OR if i go for visa stamping OR on the PERM application?

    Mine is a small company with just 12 employees and I hold the same position as I used to when i sarted. I just want to know if there would be any issues with this on any stages.

    Your replies would be appreciated.

    It's no problem at all if you make exactly the same amount as mentioned on your H1B petition or if you make more than that. It never is an issue to make more $$$$$$. Make hay while the sun shines.:D
    ________________________
    If you will be benefited by “I-485 filing without current priority Date”, please vote YES on the Poll.
    Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence, 5)Priority Date so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.



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  • simple1
    06-23 01:42 PM
    While I laugh at that guy. I would like to remind you that we are living in a republic and not in a democracy.

    Any one can be a self hurting fool using his/her "Individual�s God-given, unalienable rights". While in a democracy individuals worry about majority rule and popular thought.

    I dont understand why Obama (a former senior lecturer in constitutional law ) refers to this country as democracy.

    HELLO Chicago. If there is anyone out there who still doubts that America is a place where all things are possible; who still wonders if the dream of our founders is alive in our time; who still questions the power of our democracy, tonight is your answer... "

    While the founders were fearful of democracy ( the mob rule ).

    Both India and USA are republics not democracies.





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  • gcmess
    10-27 08:55 AM
    Thank you frostrated and madmonkey for your responses. We had taken infopass and were able to speak to immigration officer too. That is where we were told there is nothing like linking or interfiling. I read the pearson memo multiple times but it says both dates must be current. EB2 is not current and hence do not know the validity of the claim. I will try infopass again and see before filing MTR.





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  • mrsr
    06-25 12:05 PM
    What date should we write on the form beside signature if we are planing to send the packet by 1st july .





    rajeevepatric
    03-12 10:56 AM
    Hi,
    I am a computer science graduate from India ( 4 year engineering degree course) with 3 years experince in SAP. A reputed company in US has agreed to process H1 for me. They have only asked for my educational certificates. My experience certificates were not submitted since they said it is required only when you go for the H1B at the US Embassy.

    My query is wheather experince certificates are required for applying H1B.

    Thanks and regards,
    Rajeeve





    SKK2004
    08-22 10:45 AM
    PD Aug 2004, EB-2 India
    I-140/I-485 applied in August 2007 at TSC (non-concurrent)
    I-140 approval in March 2008
    Spouse 485/AP/EAD applied August 2008 (received receipt notices)
    Self EAD applied August 2008 (received receipt notices)

    Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.

    I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!



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