2011年6月26日 星期日

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  • wa_Saiprasad
    02-13 03:40 PM
    It's a very cute letter. I am positive this will motivate many more.




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  • alanoconnor
    04-10 07:29 PM
    http://www.ows.doleta.gov/foreign/faqsanswers.asp#refile3

    REFILING

    Can the employer refile a labor certification application filed under the previous permanent labor certification regulations under the new streamlined system and retain the filing date of the original application?
    Yes, if a job order has not been placed pursuant to the regulations in effect prior to March 28, 2005, an employer may refile by withdrawing the original application and submitting, within 210 days of withdrawing, an application for an identical job opportunity which complies with all of the filing and recruiting requirements of the new PERM regulation.

    NOTE: Indicating on the Application for Permanent Employment Certification, ETA Form 9089, the desire to use the filing date from a previously submitted application, i.e., marking "yes" to question A-1, is deemed to be a withdrawal of the original application.

    NOTE: If a job order for an application has been placed by the State Workforce Agency (SWA) as part of the traditional recruitment process under the regulations in effect prior to March 28, 2005, the employer is prohibited from refiling the application and retaining the original filing date. However, if an employer placed a job order as a recruitment step in a reduction-in-recruitment application, the job order is not considered a job order placed by the SWA as part of the traditional recruitment process and the employer is permitted to withdraw and refile.




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  • 485Mbe4001
    09-14 06:48 PM
    :D we could hold town hall meetings and discuss this issue, unfortunately we dont have the taxpayers money to blow...
    my guess, nothing will happen till november.. they are all posturing for votes at the moment. After november they will all go with the ones who lobby the most :eek:

    Who will help us? Dems or Reps?
    SKILL is introduced by Reps in both houses. Anybody has any
    idea what Dems think about SKILL? Its all confusing to me.
    If Dems take congress, I think they may not worry about SKILL
    since there is no bipartisan support for the moment. What you guys
    think of it?




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  • casinoroyale
    01-15 09:09 AM
    I am in the same boat. They are taking way too long to process H1-B extensions.



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  • indyanguy
    09-09 11:50 AM
    What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..

    By RFEs, I assume you mean the request Business Necessity letter to clarify why this person is needed for the advertised position?




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  • RamBharose
    03-13 01:42 PM
    Some Contracting IT companies are giving a bad name to the whole H1-B process. Again, I am saying "SOME" not all.

    i did not get it, what it has to do with h1b process?



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  • ocpmachine
    06-06 12:13 PM
    Guys who get RFE should keep a close watch on the receipt of the notice within 10 days from RFE issue date, if you don't receive it make sure you call them and get the RFE faxed or resent, the deadline to RFE respond wont be extended no matter what you do, this is based on my personal experience.

    I got an RFE on May15'09, till date i have not received it, i did manage to get the RFE contents faxed to me after waiting 15 days but the medical form is lost somewhere, i am still working on responding to the RFE before June14'09 deadline.




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  • prioritydate
    08-13 12:31 AM
    When India won its first Olympics individual medal, someone posted it on this site. People descended on that poor guy asking him to stick to the subject. Now where are those guys? Do I need to assume that they are not offended by this time?



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  • centaur
    02-23 09:52 AM
    It's not easy to get a J-1 waiver, but with recent changes in the rule, by the time you finish your residency it will be easier. Its easy to get waiver in family practice or psychiatry. Its harder for Internal Medicine/pediatrics/Surgery and fellowships (except Geriatrics)

    1) You can get a J-1 visa, but your husbands 140 has nothing to do with this. However, on the positive side, if by the time you complete your residency and donot have a J-1 waiver job and your husband is still maintaining his H-1B or has a GC, you can stay in the US and look for job, but not work. So it gives you more time to find waiver job.

    From personal experience, it would be better to go home for two years, while your husband stays here and then you come back as GC and start your practice. But thats for later.

    2) You cannot file 485 for your self till waiver is done if you take J-1. If you can wait for a couple of years for the GC (likely soon after retrogression is resolved) and then start residency, then you probably could just start on GC. But its a hard decision, as you dont know if you will get residency after this time or retrogression will resolve soon.

    Its frustrating I understand.

    Good luck

    My husband is working on H-1 B and his I -140 is approved and I am on H-4 visa. I am trying to get in US medical residency and most likely I will get J-1 visa

    I have following questions -

    1) Do I qualify for non-immigrant, J-1 visa considering my husband's I-140 approval? Would his I-140 approval not have my name associated to it ?

    2) Once I accept J-1 visa, would I be able to file I-485 when my husband's PD will be current?

    3) If I decide to quit residency after few months/year to file, would I be able to convert my J-1 visa to H-4 visa again?

    4) After converting H-4 visa would I be able to file I-485 once my husband's date is current?

    5) How difficult or easy is to get J-1 wavier

    Thanks in advance for your replied




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  • ek_bechara
    10-01 04:49 PM
    Take it as a compliment. There is nothing wrong in what Joe Biden said. If you watch the last second of the video, Joe has both his hands on the Indian guy's shoulders and I'm sure he must have said good things after that as well.

    I have a word of advice for you. Don�t use TOI (Times of India) style headlines to mislead people into reading your post. If you are one of those Indians who has an innate desire to look at everything with a shade of pink glasses you should reconsider living here. Airlines don�t fly one way from India to US. You can always take the flight back home. 16-hour workdays, a fantastic work life balance, and all basic amenities await you in the land of kamadhenu (the sacred mythological cow that gave the Hindu Gods everything they needed for a happy life)



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  • ashrock11
    01-09 04:39 PM
    Thank you.




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  • bunan
    01-07 02:47 PM
    The best course is file I-140 for EB3... after you get it... file for EB2 I-140 and use PD from EB3... It's possible and worth every effort.


    Absolutely possible and I have done it too. Please talk to your lawyer directly as he can advise you better.



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  • neoklaus
    10-21 09:42 AM
    I am working on H1B. Recently what has happened that my family lives in state A, and I am working in state B. My family could not move to state B because my sone is going to school. I have to pay alot of expenses to go back and fort from state B to A, like air ticket and cab ect. I talking to my compnay regarding this and they said that whatever are my expenses submit to every month end and he will send a check for those expenses which will be pre taxed amount. i.e. if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.

    I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.

    If you made a correct explanation then: 1. You will end up with $4500- of wages PLUS $500 of reimbursable expenses. Therefore only $4500 will be taxed.
    You should to make sure that in your Form W2 ( 1. Wages, tips, other compensation)for 2008 these $500 will not be shown: reason- you will be taxed only on $4500 but your income will be higher so you will may end up with additional taxes owned- that depends on you Income).

    That scenario is OK if your total salary is not an issue for you.

    For you Employer paying to you $4500 Plus $500( reimbursable) is much better
    cause he will pay company taxes only on that $4500 and not on $500.

    There could be other ways to resolve this problem. Depends on your employer
    willingness.




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  • gimme_gc_asap
    06-19 10:55 PM
    Be cool my babies....
    Be nice to the guy
    It may or may not. No one knows. Dont act like you know it all!!



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  • pal351
    06-05 06:31 PM
    Congrats guys,
    I am still waiting I Applied my 8th year Extn on Jan 9th almost 5 Months
    Hope i will get this week ..


    Raj.




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  • newhandle
    03-05 08:17 PM
    If it is through your Spouse then do not have to worry? What was period of this of this work? If it is only this year some CPA can do magic

    As I mentioned earlier, my case is family-based. I'm in F1 visa status so the 245 provision doesn't apply to me. The period of work is hard to calculate. Since I never actively participated in my own business, I don't recall ever working for more than a few hours each month.

    I suppose the question boils down to this: Should I, or shouldn't I disclose my self employment to CIS?



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  • desi3933
    06-22 07:51 AM
    If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.

    Valid I-94 just indicates that person has not accumulated any unlawful presence (for 3/10 years ban). Person could well be out of status. For example, having approved H1 petition and not working for H1 employer. Another example: LCA mentions place of work Chicago and person is working in New York. 245(k) covers out of status only upto 180 days since last entry in USA. If the person is out of status > 180 days, please consult a good attorney before filing I-485.

    I am NOT an attorney and this is not a legal advice.

    Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.

    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    --Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.

    Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.

    Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.

    I agree this is good idea. She may have to travel out of US to get back into H4 status.



    See above in Blue.

    Not a legal advice.
    ------------------------------------
    Permanent Resident since May 2002




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  • bitzbytz
    05-12 06:47 PM
    waiting...




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  • friend_in_NC
    02-13 04:02 PM
    When you submit your passport for renewal, they usually give you a receipt with pickup date. This date is anywhere between 2 weeks to 6 weeks.

    If you want you can request them to mail your new passport by paying extra $15 for mailing.

    If you are going to pickup the passport by person, then you should be there between 4PM-5:15PM. Thats the delivery time.

    In DC office you can not pickup anything before 2PM. Remember this

    Thanks a lot for the information. Since I had sent my renewal application via courier, I never got any pick up slip. I have paid $15 for mailing service. What I am worried is that even if I drive 5 hours to pick up, if they haven't processed my application (its close to 4 weeks now since I have applied), I will run out of options. On the website they claim that they will process in 5 business days. I must have tried close to 5 different phone numbers multiples times for past week or so. I have also emailed and faxed my query multiple times. Same result - No response at all. I just don't get how work is done at the embassy.




    moonrah
    10-23 02:46 PM
    Be proactive and do it ASAP.




    eb3retro
    04-13 04:09 PM
    Thanks a lot for the reply.
    I have talked with lawyer regarding this.
    She has the following to Say:

    a) Ac21 is perfectly legal thing and many of her clients are traveling on AP under AC21 and do not have any issue.
    b) CBP officers know about this and there is nothing to worry.
    c) If the CBP officer is getting two suspicious they can't deport me. They have to parole me and then run a case or check on me. Where my lawyer can talk with them and make thenm understand that everything is OK
    d) she assures me that there is nothing to worry and I can go and come back hassle free.

    Do you people think all of these statements are correct?

    Thanks a lot.

    pls tell me how much different it is from what I have response for your original query..



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