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Saturday, June 11, 2011

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  • waiting4gc
    08-20 12:58 PM
    As far as possible, I would strongly suggest to stay away from small consulting companies. These typically pay you only when you are on project and that too after taking a huge cut from your billing rate. For e.g. it is very common for such a company to bill $80-100/hr i.e. $160-200K annually for an employee but pay the employee between $50-70K only.

    Also I have heard horror stories of delayed payrolls, h1 not being given to employee fearing that the employee might change jobs and so forth.

    However if you are strong of heart, and can negotiate well, you might be able to make more money. For e.g. if you already have EAD, you are not bound to them. Thus you can always say that you want 80% of billing rate or else no deal. :)





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  • bbct
    04-16 09:59 AM
    FYI, the response from my attorney firm -

    Question -
    1) Can we request for an extension of time - if in case the time allocated to respond is 30 days or less?

    Response -
    1) A request can not be made for an extension on any RFE response times.





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  • windycloud
    07-28 12:18 PM
    Senator Charles E. Schumer (http://schumer.senate.gov/new_website/record.cfm?id=314990)
    __________________________________________________ ________

    Ah never mind, I didn't realize it's old news.





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  • samcam
    10-24 01:54 PM
    Ramba,
    Thanks for responding. What happens when we get a RFE or NOID. Could we respond by ourself then? My case is not complicated at all. As straight forward as it could get.

    I am going to search in this forum for sample covering letter. But if anybody has the info handy please let me know.

    Thanks guys!

    -samcam
    Why do you want to spent $2000 for lawyer for AC21? If you have same or similar offer letter, why cant you type a simple covering letter for your AC21?Do it yourself. US certified post cost around $2.00. Hiring lawyer for AC21 is waste of money.



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  • hibworker
    11-18 03:07 PM
    EB2, notice it says Sec. 203(b)(2) :)

    Here is more details from USCIS: USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)



    Hi,

    Yesterday i have received I-140 notice from my advocate and it is containg the below info.Can someone help me out is it for EB2 or EB3.

    Notice Type : Premium Processing Receipt notice

    Amount Received : $ 1475.00
    Section : Mem of profession w/adv deg,or of exceptn'l ability
    Sec .203(b)(2)

    Can some one please helpme out in this regard.

    Thanks in Advance,
    Vavuvya.





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  • psaxena
    03-03 03:13 PM
    Seems to me like a planned execution to torture and frustrate us.



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  • cessua
    09-11 07:00 PM
    Were you really expecting that any bills were going to pass? In the politics world it is all about compromise, no one will vote for anything tht can risk their image before the election. Let's put it this way... you are a law maker... what to would you care about? immigrants or yourself?





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  • kshitijnt
    03-04 05:05 PM
    congrats buddy. Atleast some good news in a string of bad ones :)



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  • gmail
    12-21 12:47 PM
    I want to be more specific. I have a full time job. I'd like to setup a business LLC to get some contract works. For tax benefit, I can deduct some business cost with it.





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  • DallasBlue
    06-24 12:30 AM
    Sorry to hear that !!

    Medical records are initial evidence. what it means is, that you must submit the medical records with the 485.
    If you can attach some report from doc saying that it is curable or is of less percentage and blah blah blah .... as said earlier you can send in the clear report later.

    hope you get out of this soon!!!


    Just seek legal opinion and second medical opinion too.



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  • purgan
    07-27 12:30 PM
    Urstruly


    I believe your friend and his wife will be fine. They have 180 day+45 day grace period...it is taking NSC quite a while to generate RNs so she will probably get the GC after FY2008 quota is effective in Oct

    But seperately I wish I had such good friends:-).





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  • black_logs
    11-07 03:50 PM
    Pehaps all that your lawyer cares for is your fees. The answer to your question is 'No' you cannot use your experience gained with your current employers, ofcourse if the petitioner is your current employer.
    This is the 'A' of ABCD of Labor application if your employers doen't understand it than......



    Folks,

    I have a question regarding filing the I-140 application. Can I use experience gained in my current job on my I-140 application. When my lawyer filed my application he stated that the applicant needed an undergrad degree and two years of work experience. I had two years worth of work experience in my current company when my application was filed with the department of labor.

    My lawyer said that I can use experience gained in my current job prior to my labor being filed. Is this correct or is he giving me the short end of the stick ? I would appreciate any help you can provide me.

    Labor approved
    Applying for I-140
    Priorty date 10/2002
    ROW

    Thanks again



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  • raysaikat
    03-06 05:47 PM
    Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.

    The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.

    Here is the exact language of the law from 8 CFR:

    "(iii) Criteria for H-1B petitions involving a specialty occupation.


    (A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:


    ( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;


    ( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;


    ( 3 ) The employer normally requires a degree or its equivalent for the position; or


    ( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.


    (B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:


    ( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,


    ( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,


    ( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and


    (C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:


    ( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;


    ( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;


    ( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or


    ( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."

    More from USCIS:
    USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)





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  • widad2020
    07-17 05:47 PM
    Congrats and Good Luck to all.Thanks



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  • javadeveloper
    05-26 05:23 PM
    Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.

    I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.

    So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.

    How ever, I need to make this is false. Still I dont agree this logic.

    Do you have any link/url?





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  • boreal
    09-24 05:48 PM
    Hi Gurus,
    I want to switch my employer after my I140 gets approved. I may not be able to apply for I485 because of the Retrogression.

    I have read somewhere that the priority date can be retained by the beneficiary once I140 is approved. Even though I restart the entire process from LC application, I can still hold the old priority date.

    Are there any catches in this rule.
    Please advise me.
    I am no guru, but my understanding is that the old employer should not revoke/withdraw your I-140 AND he should not do fishy business with the LC itself that the I-140 is based upon, meaning should not substitue your approved labor with someone else. (Knowing most desi consultancies (if you belong to one), i am pretty sure, he will try to sell the old approved LC).

    R



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  • dressking
    10-13 12:18 PM
    Thanks sammy - I know it is difficult for u with kid etc... but thanks for helping us out.

    We have more people, it is a matter of time. Lets keep mobilizing

    Mark is from LI. I wonder why he does not show up any more. Has he quit IV?





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  • Chicago Desi
    08-18 03:00 PM
    Hi
    http://www.immigration-law.com

    --must be of great help
    -Rao.

    Another way to milk money off of legal immigrant cash cow.





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  • cygent
    11-26 08:15 PM
    Thanks Everyone,

    To the person who gave me red with the comment "post the valid reason." That was not necessary, you could have just sent me a message.

    Anyhow, the reason is that the company I trusted & toiled for past 8 years is down the tubes, after having faced years of lies, deceit & false promises. I know it's all my fault for being so trusting, so now I am trying to forget that pain & treatment & just progress moving forward.

    So from what I gather, I can apply for a H1-B now, but it will be only for 1 year? I want to do a "new" H1 instead of a "transfer", since the company finances are a BIG ZERO or -VE, so I have no paystubs to show. And then eventually I want to file new GC with this new company.





    ItIsNotFunny
    11-12 10:37 AM
    ^^^^





    waiting4gc
    06-29 01:59 PM
    You must have used your OPT card to work for some company. Ask them to give it to you. They SHOULD have it in their records. If that doesnt work, try talking to the international students office of your school to find out if they have a copy and can send you one.

    I asked this before but did not get any answer. Trying my luck again. I lost my OPT card and unfortunately have no records what so ever of it.
    Is there a way I can get a copy of this from USCIS?



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