Wednesday, June 1, 2011

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  • julsun
    01-03 09:15 AM
    Hi All,

    My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.

    But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?

    I have an approved H1b till early 2009 and plan to use same for my travel.

    Any pointers on this one?

    Thanks





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  • sapking
    12-15 07:52 PM
    The following is from murthy.com site.

    Question: Good evening, Murthiji. Do you think professional degree holders, like Chartered Accountants / Company Secretaries, may be deemed as equivalent to master�s degree holders for green card purposes under EB2?

    Answer: Generally, CAs are not considered to be master"s degree holders. In fact, many of them do not even equate to a bachelor"s degree since, in India, the bachelor"s is only a 3-year program instead of a 4-year program. Also, the CAs do not attend proper coursework like with degrees here, so it can be a problem if one has no other education besides the BA or BCom with the CA license. Sep-12-2005.

    http://murthy.com/chatdb.asp?sFor=chartered+accountant&Category=All&B1=Search





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  • LostInGCProcess
    11-06 04:13 PM
    OK, thank you. Has anyone done this? Going from AOS to H-1B? I mean, getting into H1 status w/o leaving the U.S.?

    I cannot give you an example, since I don't know anybody doing that. AFAIK, if the H1 document, does not come with the I-94, then you have to leave the country and enter to get into H1b status. However, if you do get the I-94 stub, you need not travel thru POI.

    confirm with an attorney.





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  • GCPagla
    02-20 01:03 PM
    To bring more details to my question:

    a) Though my job title is like programmer analyst, my SOC job code is given as 17-2071.00 which is "Electrical Engineer"
    I was never an electrical engineer (not even by my education). I do not know why the original filer used such a SOC code. Now my new role (lead technical architect) will have a SOC code as 15-1031 as that is for computer architect.
    Morever my new employer will not provide me a Ac21 portability matching my labor cert.
    My role responsibility is following as per labor cert.

    Job Title: Programmer/ Analyst/Systems, Software/Engineer/Developer, or Related to IT
    Reponsibility:
    develop, create and modify general computer application software. Analysis user needs and design, develop software solutions. Design, develop, analyse and implement software and end user product. Coordinate various account projects with IT consultants; nurture close relationship with the major account customers by providing quality technical support and apply principles of computer science, engineering and mathematical analysis.

    Do you feel that changing the job as lead architect willl be a paradigm shift for me causing my GC gone denied?

    Thankis in advance.



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  • gps001
    02-23 03:04 PM
    I don't want to use EAD/AP, as I want to have a backup.





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  • tradahoo
    05-29 03:43 PM
    Hello,

    My PERM case was filed on mid-May and got audited on May 28.

    Will it be appropriate for me to join you all for the complaint or if my case is too recent?

    Thanks.



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  • h1techSlave
    07-10 10:12 AM
    My opinion is that there is not much point in looking for a different country. Most of us have been in the US and have developed some kind of roots here already. So GC is needed and we deserve it.

    If there is no GC in the horizon, pack up and go back. And like the guy in CA mentioned in the news article, none of us will be charming snakes in India.

    Cheers,
    h1techSlave





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  • psaxena
    06-26 06:22 PM
    '^^^^^^^^^^^^^^^



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  • sidbee
    04-17 06:27 AM
    Which state are you in? In CA you can drive till one year with foreign license. In case there is a traffic violation , or for some reason he breaks a red light the fines are 3 times the regular fine since he wont hold a USA license.

    Also the insurance companies have different requirements which you need to confirm with them.


    are u sure its 3 times?? can u please give me the link from the point where u got this information





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  • pappu
    01-24 04:29 PM
    Is your lawyer your lawyer or company's lawyer?

    You must consult a lawyer who has lot of experience with AC21, EAD/H1 issues.



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  • 485InDreams
    09-28 09:38 AM
    Though he can sue you...there are more chances he won't do that ...it would be collateral.....

    As per the agreement, you should be with your employer till your GC...ok fine...If you leave him after 180 days...suppose if he sues you....
    1)You can always reciprocate in kind saying that he didn't pay you on Bench....Which will be a problematic for his company run...
    2)You can also say that he don't have any development center here and he is jus forcing you to some requirement in which you are not comfortable with...
    3)If he is some desi consultancy company...he would have definetly modified your resume before floating it in the market...If you take those things in the court..he will be in trouble...

    Even if he wins...the maximum thing is you have to do is to work with him right...go back to him....perform bad in all the interview...take paid rest for 3 to 4 months...he himself will fire you....

    rememeber DOL/USCIS always favours us and not employers....they are trying there best to reduce the desi consultacy company....single complaint will do to get the black mark...employers do know this...the reason they always play it safe...

    he will threaten you...but he won't do anything...he knows its waste of money for him ....

    Best of luck...





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  • Sri_
    11-12 03:47 PM
    My checks cashed on 10/2, I was able to get the receipt numbers from back of the check. Lawyer/myself did not receive any physical notice. I opened a SR last week and waiting.... :(

    wandmaker,
    Please share if you have any progress on your SR or receiving the receipts. I am trying to call USCIS to check the status on the SR, but could not reach them. Now they have a dummy menu system, which keeps on looping when you select the option for receipts not received.

    Thanks.



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  • god_bless_you
    03-15 11:20 AM
    http://www.immigrationportal.com/showthread.php?t=207073





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  • vin13
    12-11 04:36 PM
    Since the AP application is over 90 days pending, you may be eligible to discusss with the customer service. If you do not get good answer, you may be able to schedule an infopass.

    We found out at the Infopass that my wife's AP application had been approved 2 months ago. But online system still shows as pending but just got a soft LUD on the date it was approved. So you never know what you may find out.

    But not sure if they would give out information to the applicant's spouse



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  • coolpal
    02-06 11:34 AM
    well... I am definitely not scared. Just wondering if anyone else is in the same situation, or has any useful advice ;)

    If you were trying to be funny there, seriously, I didn't get it.

    pal :)





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  • franklin
    02-13 10:49 AM
    That is not true. It CAN count... according to PERM guidelines (from murthy.com):

    "On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."

    So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.

    Also see this:

    http://www.simmonsungar.com/rirchecklist.html

    "Experience Gained on the Job

    PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�

    Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."


    Interesting! Thanks for the correction



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  • ravi98
    04-23 08:21 AM
    Pelosi reconfirms taking on immigration, but the Senate has to start it. She went on to say, the House passed climate and energy legislation last year, but it has not acted on immigration reform.
    �If the Senate is ready with an immigration bill, we don�t want anybody holding it up for any reason,� Pelosi (D-Calif.) told reporters at her weekly press conference. �Send it to us.�

    Pelosi: House won't object to moving immigration first - TheHill.com (http://thehill.com/homenews/house/93733-hoyer-casts-doubt-on-immigration-moving-ahead-of-climate-change)

    Asked if she could get the votes on immigration (in the House), Pelosi replied, �I believe so.�





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  • StarSun
    04-12 09:24 AM
    Please send in your questions for this week (Thursday, Apr 14th) to ivcoordinator@gmail.com





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  • seahawks
    04-28 11:15 AM
    oops, I read your post again, you said non premium processing, sorry, I dont have that information. I filed mine through premium processing since I waited 4 years just for my labor.





    Kodi
    08-22 01:59 PM
    I actually went over something similar with my lawyer. I'm currently on H4 and just yesterday received my EAD valid for 2 years. My husband is renewing his H1 next month. And initially I was hoping I wouldn't have to renew my H4 again and save the $$. But my lawyer says I should renew my H4 so that incase something goes wrong with my I-485 I won't go out of status as I have the H4 eventhough I'll be working on EAD. And he said if I travel I should not use the AP to re-enter. So it means my H4 will not get canceled even if I work on EAD.





    smitha_jacob
    06-04 09:28 AM
    Hello,

    I am on F1 visa from India and doing PhD US university. My husband is in H1B visa from 2007 November. I would like to apply for green card via National Interest Waiver. When I asked an attorny, he said that since you are from India, it will take few years to get EAD. But I read that you can apply I-40 and I-485 concurently and get EAD card in an year.

    Can anyone help me please?



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