Saturday, June 11, 2011

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  • gg_ny
    10-20 07:31 AM
    You need to file tranfer papers anyway when you move. That means you have new H1B approval, and thus a new stamp is required when you travel out.

    I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
    I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.




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  • Tommy_S
    04-11 01:36 AM
    They're nice. The bootom stamps look agressive, because of the color (too bright/hot). That's it.




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  • Honda
    05-20 11:52 PM
    Haha...so does this mean that no one really knows what OP stands for? :D


    OP means 'original poster' in discussion forums.




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  • srinivas_o
    08-24 02:27 PM
    Bump



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  • sathishav
    03-01 03:10 PM
    Yes, AC21 applicable. But as i said, you "ported off of a unapproved I140". You have to keep that in mind. If you currently don't have a lawyer, get a paid consultation.

    Question 3 : I never worked for my sponsoring employer. It was a future job offer. Can I use AC21 portability? TOP

    Yes, under the same circumstances as Question 2. However, USCIS is more likely to question your past intent to work for the sponsoring employer.


    MurthyDotCom : AC21 Frequently Asked Questions (http://www.murthy.com/news/UDac21qa.html#3)




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  • Cataphract
    05-25 08:53 AM
    I just read this article in the paper today and wanted to share it with all of you.

    It seems the general media has an impression that this CIR bill is a boon for the legal, skillled immigrant population, now we all know how true that is.

    No one it seems has bothered to did deep enough to find out about the true perils of this bill, from the legal immigrants standpoint. That is where we need to also focus our resources.

    I truly think that the conservative commentators who write on the op-ed pages of Washington Post, New York Times a and WSJ are our best bets in these tough times. Believe it or not, in the last few days I have read more than a few articles where they have addressed the new bill and have come out in support of legal, skilled immigrants rather than the liberals who are all gung-ho for the the low skilled population and care too much about still preserving family ties and encouraging chain migration. If we were to email something to say, George Will, Charles Krauthammer (I truly despise this right wing nut, but still) or even Robert Novak, there is a good chance they will address this issue.

    I think we should develop a stinging rebuke (i know we already have, but this will be a very, very simpler version without all the clause quotations and targeted directly to the laymen), in the form of an Op-Ed piece that addresses in a point-by-point basis some of the most unfavorable provisions that this bill is littered with and also address the misinformation that is being spread suggesting that all of us legal skilled immigrants are going to come out way ahead once this bill passes.

    I think we have a very good chance getting it published in one of these papers and it will have a huge impact.

    This truly is make or break point for us and thanks everyone for doing their part. I just hope our lobbyists are aware of this predicament and that how damaging it will be to our interests if this bill passes.

    Btw, just saw this poll/article on NYT about how most Americans are in favor of the guest worker program and legalizing illegals.


    http://www.nytimes.com/2007/05/25/us/25poll.html?hp

    http://www.washingtonpost.com/wp-dyn/content/article/2007/05/24/AR2007052402605.html?hpid=topnews


    For some reason my uploads of PDF's failed, so I am adding links.



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  • kumar1
    10-10 01:40 PM
    Sorry, I am already married. :rolleyes:
    Marry me...i like funny people......

    /thread




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  • jonty_11
    02-05 01:44 PM
    I guess the old labor will be invalid by now as it has been already been over 45 after approval.
    Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")

    What do you mean by how can you bear the expenses. What a ?
    Do what your company A is asking. I don't think that company A would file it for free.

    Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
    Is the 45 day approved labor validity Rule already in place?



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  • ChangingJobs
    06-30 09:22 PM
    Changingjobs:

    You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.

    Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.

    You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.

    I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.

    Thanks a lot for the clear answer. This is very useful.




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  • santa123
    06-09 11:20 PM
    I suggest that you put things in black and white.
    Write to the former employer to let him know that you have been calling him reg the dues. Give him a time frame and let him know that you will consider going to DOL if things are not sorted out.

    Pls be polite with your wordings as this may help resolve the issue itself.

    Dear Viewers

    Could anyone please advice me on how to claim the unpaid salary from the previous employers.

    I was working for a company based in Michigan run by an Indian. This person did not pay me my last month salary. He does not pick up his phone or respond to my email. I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request. This guy owes me around 5000 dollars.

    Any piece of advice would be of great help.



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  • chanduv23
    09-04 06:41 AM
    any pickups from Queens area or Manhattan???

    also can someone give link to something that can be printed like a flyer re: rally on 18th?


    I live in Queens - will do something about it. Lets stay connected.




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  • siddar
    01-05 04:40 PM
    If she has the H4 stamped, with the validity 06/09 then she can enter using the H4.

    my 2 cents.



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  • sam_hoosier
    01-24 02:45 PM
    I just checked with my Lawyer. I am a July 2 receipt guy and my 180 days got over. Currently my wife moved from her H1B(not stamped yet, she moved from H4 to H1) to EAD and I am still on H1B.

    My lawyer says if I am on H1B and she is on EAD it will create issues when our EAD goes for renewal. She claims I also should change my status now to EAD. I thought staying on H1B was safe and now I get this response. I told her so many people I know have done the same thing and she is asking if I will jump into the well like others:))).

    Please advise

    Can you ask your lawyer what issues will it create for EAD renewal if you stay on H1B ?




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  • singhsa3
    08-20 07:36 PM
    Looks like we are the only three so far..



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  • julsun
    01-03 12:55 PM
    From what you say do you mean your wife now has no current visa status?
    If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.

    If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa

    Yes she not current visa status :-( Thats why I am worried about her travel plan.




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  • upuaut
    09-19 01:15 AM
    Painter 7 like Painter 6 should have come with a manual. The one I got with 6.0 is very extensive and well formated to teaching the programs finer aspects.

    if you bought it and didn't get a manual.. I'd complain. If you didn't buy it.. you'll probebly have to slug through it and learn as you discover stuff. Painter itself is not really a well documented programs as these things go. I've never seen a book that details it yet.

    I will be stopping by B&N in the next couple of days. I'll be sure to take a look on the shelf to see if there is anything around that might help you out.

    Sorry I can't be of more help. I do know what you mean about it being an extensive program. 6.0 has so many features I can rarely keep track of them all. I'm usually looking things up to see how I can do them.



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  • karthic
    12-19 08:26 AM
    Hi a_yaja,
    Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo


    My Inference from Memo:
    When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.


    Please let me know if i am wrong. Thanks

    Below is the paragraph from the attached Memo


    Requests for Changes in Employment or Concurrent Employment Requests
    for Certain Cap-Exempt Aliens.

    Any alien who ceases to be employed by an employer described in
    paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
    section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
    toward the numerical limitations contained in paragraph (1)(A), be counted
    toward those limitations the first time the alien is employed by an employer
    other than one described in paragraph (5). (Emphasis added.)

    Documentary evidence, such as a current letter of employment or a recent pay
    stub, should be provided in support of such a concurrent employment petition at
    the time that it is filed with USCIS in order to confirm that the H-1B alien
    beneficiary is still employed in a cap-exempt position.

    At the time of filing of a concurrent employment H-1B petition that is subject to
    the numerical limitation of 214(g)(1)(a):
    � If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
    exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
    not be counted towards the cap.
    If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
    position, then the alien will be subject to the H-1B numerical limitation, and
    the concurrent employment petition may not be approved unless a cap
    number is available to the alien beneficiary.
    If USCIS determines that an H-1B alien beneficiary has ceased to be
    employed in a cap-exempt position after a new cap-subject H-1B petition has
    been approved on his or her behalf, USCIS will deny any subsequent cap-
    subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
    numbers are available.




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  • langagadu
    03-29 03:49 PM
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  • ryan
    05-27 04:13 PM
    Thank you for your advise and hostility. I understand your frustration.
    I was in hurry when I was posting it. How ever I have deleted it and I will follow what you said.
    My sincere advise to you is better you learn how to answer to a question and
    focus on things along with correcting others.
    It would have been nice if you post some useful reply which would help some one.

    Hey, there is no "hostility" (?) I don't know you. I do apologize. I just don't understand how someone with poor communication skills (not implying, my skills are the best), can work effectively in a country where the wheeling and dealing, is in English? That's all.




    Blog Feeds
    12-28 04:50 AM
    AILA Leadership Has Just Posted the Following:


    http://2.bp.blogspot.com/_RbzYl8ug_48/SzhHJDU_D3I/AAAAAAAAABY/-Uysl8bdhjM/s320/hebrews-detention.bmp (http://2.bp.blogspot.com/_RbzYl8ug_48/SzhHJDU_D3I/AAAAAAAAABY/-Uysl8bdhjM/s1600-h/hebrews-detention.bmp)
    President Obama has proven how tough his administration can be with 287,000 people deported in the past 11 months, many of whom have U.S. citizen spouses and children. The American Dream is a Dark and Twisted Nightmare for Some Seeking Justice in Immigration Courts (http://ailaleadership.blogspot.com/2009/06/american-dream-is-dark-and-twisted.html) ICE detains people suspected of violating civil immigration laws, not criminal laws. In fiscal year 2009, Immigration and Customs Enforcement imprisoned 369,483 immigrant detainees - more than twice the number held in fiscal 1999. Immigrant Detention Doubles Since 1999 (Washington Independent) (http://www.detentionwatchnetwork.org/node/2463) ICE detains more than 32,000 aliens on an average day. DHS OIG Report: Medical Care for Detainees (http://www.aila.org/content/default.aspx?docid=30855). Over 1,500 companies have been subjected to audits by the Department of Homeland Security to verify they completed the employer verification process within three days of hire. ICE CRACKS AUDIT WHIP (http://ailaleadership.blogspot.com/2009/07/ice-cracks-audit-whip.html) to restore accountability to U.S. Immigration enforcement now! Immigration Focus Is on the Employers (http://www.nytimes.com/2009/07/02/us/02immig.html?ref=global-home). The crises in family and employment immigration are chronic and pressing. The backlog in family and employment waiting lines is gravely dispiriting and undermines the long-held principle of family reunification. Immigrant Visa Numbers Hopelessly Encased In Amber (http://ailaleadership.blogspot.com/2009/06/immigrant-visa-numbers-hopelessly.html). The situation is deteriorating every day with more detentions, more denials, more delays, more deportations and more defective decisions. ICE has now reported 105 deaths in civil immigration custody since 2003. More Immigrant Deaths in US Detention CommonDreams.org (http://www.commondreams.org/headline/2009/08/20-7) Now is the time to turn the tide of the culture of �No� pervading our immigration system. We need to unite families and we need to keep industry vibrant and competitive. Immigration and American Innovation (http://ailaleadership.blogspot.com/2009/12/immigration-and-american-innovation.html) These shortsighted policies threaten our economic security and that of our children�s as well.AILA believes that a sensible comprehensive immigration reform package will have to include smart enforcement, a path to citizenship for the 12 million undocumented immigrants currently living and working in the U.S., elimination of family and employment-based visa backlogs, adequate visas to meet the needs of U.S. families and businesses, a new visa program for essential workers, and due process protections to restore the rule of law in our immigration adjudications and courts. AILA Welcomes Obama's Proactive Push for Comprehensive Immigration Reform This Year (http://www.aila.org/content/default.aspx?docid=29372). Immigration reform must be a critical part of any effective economic stimulus program. For immigration reform to work, it must provide a path to legalization for undocumented persons. It must provide opportunity for bright graduates � and it must open doors for those who bring investments, and for those who establish companies providing jobs and making contributions to our nation�s economic growth.Representative Luis V. Gutierrez�s �marker bill� was a start, hopefully Sen. Charles Schumer (D-N.Y.) and Lindsey Graham (R-S.C.) will lead with an immigration bill the nation needs so urgently. Shortsighted enforcement only policies threaten our economic security and that of our children�s as well. The Obama administration has a clear understanding of the issues and they need to prove they are committed to fairness and due process. Its time to walk the walk - the time for action is now!
    https://blogger.googleusercontent.com/tracker/186823568153827945-898415051375698769?l=ailaleadership.blogspot.com


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    walker15
    03-17 10:15 PM
    Hi lavanyamohan and mhtahim,
    Many of my friends utilized Mr.Gowda for H1B and GC. All my friends & hundreds in the same firm got GC'S without any querries.
    Frankly speaking I do not have any personal relations with the company.
    I used his services and felt exactly what mhtahim mentioned about Gowda. He is reasonable and professional.

    All the best



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