Wednesday 29 June 2011

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  • nozerd
    05-02 07:25 AM
    gcsucks,
    I have done quite some research on this. Bottom line is you are taking major chance in loosing it unless one of the following applies.

    1) You are married to Canadian citizen.
    2) Your company is Canadian (or has office in Canada who can give letter that you are direct employee of a Canadian company working abroad).

    Otherwise you are taking chance. The airlines etc will still let you board a plane etc to go there, and Canadian Govt is bound to let you in, but then you will have to fight a case against the cancellation of PR order and its a mess.

    I would say decide one way or the other. I know its easie said than done.

    If you are in EB3, than unless new laws are passed or something changes, you could go to Canada, live there 3 yrs, get Canadian citizenship and your PD will still be waiting for you at May 1st when you come back.
    Best of luck




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  • bindas74
    01-24 03:46 PM
    Hi Gurus,

    I filed my 485 in June 07 ad hd my FP on 7th September, 07. I read on some of the threads that we would be geting notices for additional finger printing after 15 months or so. I havent received any yet. Should I be proactive an request for one? Will my EAD finger printng count towards the requirement? ( I had given my biometrics formy EAD last April i.e 08 April ). Is this the reason why I did not get the FP notice? Any one in my boat?
    Please advise.

    Thanks in advance

    Anyone please share ur opinion.

    Thanks




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  • impala
    09-18 01:27 PM
    god,,,this betrayel is killing me,,,,,can't able to digest this news,,,,


    my dates are NOT current also ...


    any advise?...




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  • shivapb80
    12-27 06:59 PM
    they will not straightforward deny it...they will send you an RFE requesting proof that you were in legal status during that time. at that time - i am not sure how - but your employer will have to prove that your start date is in fact in january 2007.

    i am pretty sure that is the course of action as i recall reading a couple of cases like that and i think atleast one of those cases was a similar case and the other was related to 245(i) - i hope i get that right.



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  • japs19
    08-22 12:03 PM
    :) Thanks.




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  • radhakrishn
    07-12 06:01 PM
    I'm an unmarried Indian national and came to the US on H-1B visa. My father petitioned for me in FB F1 category. My priority date is September 1, 1999. I applied for AOS in the US and received my EAD and AP. I recently met a girl doing job on H-1B(Indian national) and we will like to tie the knot in near future. I was wondering if it would have any effect on my AOS processing( I do not have the actual Green card yet). Will my category change to F3 if I marry her now? Any suggestions/ideas are welcome.
    Thanks.



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  • buehler
    12-10 07:20 AM
    If you have been in the US for more than 1 year, you are a resident of the US and not any particular state in India. You are free to go to any Consulate in India. Even though I was previously a resident of AP, I have been able to get successful stamping in New Delhi.




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  • vban2007
    09-17 01:53 PM
    The case will be sent back to USCIS and they will decide the further action or you can tranfer you H1b to other employers



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  • vsuri
    11-16 08:14 PM
    Yes, you will need an Advance Parole or an appropriate visa to enter the US from Canada. AP approvals are taking close to 3 months these days so you should e-file your application ASAP. Also, call USCIS at (800) 375 - 5283 to expedite your application once you have the receipt number since you need to travel at such a short notice.

    Some people have had luck contacting their congress representative as well.
    United States House of Representatives, 111th Congress, 2nd Session (http://www.house.gov/)
    (enter your zip code at the top left of this web site to find your congress rep)




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  • IV2007
    04-02 12:53 PM
    Can we have multiple jobs while on EAD ? say I ditch my H1 & convert to EAD.

    Then can I have mulitple jobs, say I start a company, or work for others as well ?



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  • anurakt
    01-15 02:56 PM
    All tri state chapter members please join on a conference call on Friday 19th Jan from 9:15 pm to 10:15 pm. The conf call info is below
    1. Dial-In to your Conference Number 1-712-432-3000
    2. Enter your Conference Bridge Number: 131128

    This call is to discuss our very important meet the lawmakers program. I will try to get a core member to give us an updates related to legislations.




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  • Blog Feeds
    09-09 07:20 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."

    An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.

    PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.

    Accordingly, the Board affirmed the decision of the CO in denying labor certification.

    In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)





    More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)



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  • Swati Solanki
    10-12 08:34 PM
    No news yet!:(




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  • Blog Feeds
    01-20 07:00 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.

    Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.

    BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.

    Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.

    Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (http://www.h1bvisalawyerblog.com/Prevailing%20wage%20Request%20FORM.pdf).

    Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
    U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
    Attn: PWD Request:
    1341 G Street, NW
    Suite 201
    Washington, DC 20005-3142

    In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.





    More... (http://www.h1bvisalawyerblog.com/2010/01/update_on_the_federalized_proc.html)



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  • ps57002
    09-30 08:00 AM
    Interesting is they say "you may have trouble coming in" but for valid h1 holders it should not be a problem (wasn't for me..i traveled). They didn't say anything about "it will be considered abondonment of AOS or have negative impact on it"




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  • lost
    05-03 01:22 PM
    Going after employers to tackle the undocumented employees seems a better way of dealing with this issue of immigration than going after illegal immigrants. They are coming here only because they can find jobs.........and some of the employers exploit them too.



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  • tabletpc
    11-12 10:48 AM
    I recently took up a fulltime job and I was told that drug test will be taken few days before the join date. Also the employment is contegent upon succefull drug test and background test.

    My concern is, I need to give 2 week notice to my present employer . If drug test and background test are not done before 2 weeks of join date, how can I be sure things don't go wrong for some or the other reason in checking. My records are clean in US and I don't forcee any problem.

    SO is this common to conduct drug test few days before join date...??




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  • Calouste
    08-02 02:05 PM
    I heard on Lou Dobbs yesterday they are going to introduce this bill after Aug Vacation.
    But I couldn't catch all info about it. Did anybody watch entire conversation?

    http://transcripts.cnn.com/TRANSCRIPTS/0708/01/ldt.01.html




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  • sgsvg
    12-18 05:09 PM
    You can't.. It's very risky and not worth the trouble.. I tried and got denied.

    Is more than 6 yrs of IT experience from a non-computers engg background good for applying for EB2 position? Can you comment from your experience.




    munnu77
    06-09 04:41 PM
    good luck!!




    sgudge
    02-13 06:04 PM
    ya i know exactly what you want to say , its easy for them follow the pattern.

    maybe its best that 1 year i go to visit her and 1 year i call her over here .


    :-)



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