воскресенье, 12 июня 2011 г.

where is waldo

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  • greenmonster
    11-23 10:50 AM
    Hi,

    I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.

    Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.

    I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
    During this time they would continue with my green process.

    In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?

    1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?

    2. Temporary resignation and rejoining - is it really feasible?

    3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.

    Please pour in your thoughts.

    Thanks for your help.




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  • desi3933
    03-15 02:57 PM
    Thanks.
    So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
    (The pdf does not state what action USCIS will take)

    Incorrect, again!

    Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).

    There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.


    _______________________
    Not a legal advice.
    US citizen of Indian origin




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  • monkeyman
    10-24 09:43 AM
    Unless your parents have SSN, you can't really claim exemption. The other way you could claim exemption is, if they visitied for business reasons - such as running your motel, shop or business. For that, you'd need the B1 visa. Medical expenses are not really covered for them as far as I know (I used an insurance company for that).

    Do post any further updates if you do get them. I did talk to a CPA since they came here to help me with my house and moving and painting and all that headache that comes once you buy a house. He did not file for exemptions as such. You can however claim exemptions if you had gone to India for visa stamping (flight tickets, charges etc are exempted).




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  • vasa
    05-25 07:44 AM
    Sent



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  • yabadaba
    06-30 03:23 PM
    Gautam Agarwal...who was planning on going to Wharton based on the july bulletin... have you heard anything from the ombudsman office on this speculation of retrogression???




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  • aranya
    01-15 10:40 AM
    Two things

    1] H1b application may not be filed by the beneficiary i.e. you cannot file it. Your employer or his representative (lawyer) has to apply.

    2] The lawyer fees may be paid by either the employer or the employee - no USCIS requirments/laws.



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  • helpfriends
    04-15 10:44 AM
    Hi,

    Is it legal to come here and work while waiting for an L1 visa. This person(not myself) arrived on an I-94 Visa waiver with full knowledge, worked during that week while waiting for their L1A non-immigrant application to be approved(week later). Please advise. What are the ramifications of this once its passed or immigration finds out?

    Thank you for your assistance.




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  • tor78
    08-20 03:22 PM
    Just curious, how did they find out?



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  • setpit_gc
    08-13 03:39 PM
    485 (EB3) was filed in July 2007 and still working for that company.




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  • msyedy
    03-10 12:08 PM
    Hello,

    My wife is planning to convert from H4 to H1 for dentist.

    1) Does she need a dental license to apply for H1 ?
    She 'qualifies' for a dental license (ie meets all requirements), but almost all states require a SSN to issue a dental license. Since she is on H4, she doesnt have a SSN. Problem: Dental License needs SSN - SSN needs H1 - H1 needs license - basically a "Catch 22" position here

    2) I did some googling and found that UCSIS issues H1 for 1 year for nurses who do not have license(because of no SSN). Would this apply to dentists as well ?? link (http://www.murthy.com/nurse_faq.html#2)

    Please help !

    Thanks !!

    H1-B is all sponser based. You just can't go to USCIS and say that give my wife H1-B. You need an employer who is willing to hire her, show how much he is willing to pay and many more things. You say for a license she needs SSN, so there is your answer
    "NO"

    Nurses come under schedule A which is completely different
    Main point---


    Nurses is completely a different cap and category.



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  • JunRN
    07-18 08:32 AM
    Thanks! I was worried because they may reject my application because if the PD is August, it is not qualified under the July VB. But it seems that because I am qualified anytime the VB shows current, I can apply in August without issue regarding PD.




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  • jayleno
    08-31 09:40 AM
    GCFISH,
    whaddoyammean by 90% of us? Speak for yourself. Who did the statistic anyway. stuckinretro is right to some extent atleast from my experience.



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  • iman.karta
    04-15 06:59 PM
    tx1hb,

    Thanks for the kind response. I am still using the same lawyer as before when I was doing my H1B and OPT. In fact, I do have a proof at some point, they asked for my I-20s. But when they asked them, they said that they dont have it. I am so angry - I am not sure whether it is to the situation or to them. I will NOT recommend them to anybody.
    But it's kind of odd because I always have all my I-20s and other documentations in my emergency briefcase. While the other documentations are still there, only my I-20s (I have 4 or 5 of them) are all gone. So it is not simply I dropped them somewhere. It's gotta be I take them out for some reasons and perhaps never return them back to the briefcase. And to be frank, I feel that the attorney might have the original copy.

    Do you have any idea to provoke the attorney to look for the copies? I resent the email they sent me 2 years ago when they asked for my I-20s copies. And today the secretary still said that she does not have the copies. The attorney does not respond to me altogether.




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  • gc_chahiye
    07-16 06:47 PM
    ...
    If USCIS receives both the applications, it will return the second application as a duplicate. I don't kow if they keep the money though ...


    do you know this for sure? (ie. do you know someone for whom USCIS returned the second application as a duplicate because one I-485 was pending)?



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  • EndlessWait
    01-15 11:53 AM
    lol.. i love this capitalistic society...




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  • bkam
    05-18 10:34 PM
    :) Welcome to our news member Selvaela..
    You guys are cunning :) :) :)



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  • maddipati1
    08-03 07:36 PM
    ask ur attorney what if u wont get EAD approved by Jan'08

    may be ur attorney thinks u will get EAD before Jan'08.
    ask him what if u won't get EAD, with this mad # of EAD filings this month.

    may be he is too busy with 485 filings. ask him if he will file after Aug17th

    im in the same boat except my H1 is until Sep'07. my attorney is preparing to file 3 yr xtn.


    S




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  • boreal
    09-02 04:39 PM
    Below is the response I got today in email. For the "additional review" part should I be concerned

    The status of this service request is:

    Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below.

    If you have any further questions, please call the National Customer Service Center at 1-800-375-5283.

    How long did it take them to send the SR response? When did u open the SR? Thanks in advance...




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  • no-tec
    10-14 07:28 PM
    i think its like that for everyone. theres always 100
    s of ppl on at once. :(




    Nagireddi
    05-21 07:35 PM
    It should be printed on both sides of the same page I have just sponsored my parents, inlaws and uncle and aunt(Total 6 people at the same time). All of them got 10 yrs visa.Though I have provided all documents, they did not bother to look in to those papers. They have been asked simple questions and given their visa.




    sripk
    05-17 02:24 PM
    I have Master's degree from US and have been with the company for 6yrs. This is the response from my Attorney on porting to EB2 category. My I485 was filed during July 2007. What can i do to be able to file a new PERM LC for porting to EB2 category without affecting my I485 application? Please advise.

    Thank you for your email inquiring about filing a new PERM labor certification (PERM LC) application to qualify for the EB-2 preference category. A final determination has been made on whether a new PERM LC can be filed.

    Regulations that govern the PERM Labor Certification process do not permit an employer to file a new PERM LC application for the sole purpose of shortening the wait time in immigrant visa preference categories. Company will not file a new PERM LC unless it is clearly required by regulation.

    We completed our research and legal analysis. The purpose of the research was to determine whether you can still benefit from your current case, or whether substantial job changes require, by law, a new PERM LC application to be filed on your behalf.

    Our final assessment is that while some job changes have occurred, the changes are not substantial in the context of labor certification regulations. Please note that while the group, products and/or daily tasks in your employment may be different, these changes are not substantial from an immigration perspective and do not require a new PERM LC. In addition, portability provisions of the law allow considerable flexibility for job changes when an I-485 Adjustment of Status application has been filed.

    This is not an internal policy matter, rather company's compliance with U.S. Department of Labor regulations that govern the PERM LC process.



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