Saturday, June 11, 2011

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  • EB-VoiceImmigration
    08-14 01:07 AM
    can i apply one more I-140 , and what will be my case in this situation

    If you tranfer ur H1 to new employer, i think u need to start green card process from the beginning. your old approved labor no longer valid and also u can not port ur PD.

    If you I-140 approved (then I dont think u will do H1 transfer), still same process above but I think u can port your PD.

    But like other members suggested, please consult attorney.





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  • hebron
    06-22 01:39 PM
    Hi,
    I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.

    Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.

    My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).

    Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?

    I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.

    Any input is welcome.


    Thanks,
    Sunil


    Hi Sunil,
    I have also been thinking about converting from EB3 to EB2 from the same employer. My lawyer says that for this to work the job descriptions ( for EB3 and EB2) has to be atleast 50% different. And I am not sure I can prove that because my EB3 was applied for "software engineer" and currently I am promoted to "principal software engineer". The DOT and SOC codes for both the jobs are the same. And I also do not have 5 years of experience prior to joining my current employer. So my attorney says that it will be difficult to show the experience that I gained from my current employer for EB2.

    I am not sure if my experience helps you or not, but please check with your attorney.





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  • ars01
    06-07 02:18 PM
    I'm in CA and my I-140 was approved by TSC (E-filing) and I-485 is pending at TSC (was filed at NSC initially).

    here are my questions, I need help on...
    1. If I file EAD now, where should I file?? TSC or NSC?
    2. If its NSC (since I'm live in CA), will this filing trigger transfer of case from TSC to NSC??

    who wants to be mess with NSC :)


    Thanks,
    Where you filed I-485 is not a criteria to select where the EAD application should be submitted (renewal or first time). Just check the state and supporting service center and file it there. I filed my I-485 in Nebraska alongwith first time EAD and AP. But now (as written in I-765 instructions), I need to file it in the service center that processes my state (Georgia). Hope it helps.





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  • adde72
    06-30 09:10 AM
    You are a line jumper. Get out of here..:mad:


    Line jumpers will pay he price later. USICS will be very tough in dealing the substitution LC..........desi employer are just making money by telling sweet words and attorneys are doing the lip service.

    I am forwarding all the emails to USICS ,which i am getting from the employers who are trying to sell the LCs to me .



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  • kprgroup
    07-22 02:35 PM
    Thank you so much for a detailed reply.I really appreciate your time to write this. I don't have I-140 approval notice but have a copy of online 140 case status page showing it's approved.. Did use this during my MTR.

    I did renew my EAD & AP May24th and AP approved and EAD still under initial review.Hopefully I will get it soon.

    One more question.In case of H1B extension denial, has any effort on my pending 485?

    Again thanks a lot for your valuable input.

    KPR





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  • franklin
    07-27 08:45 PM
    Based on my recent experience - H1 B 1 year extension, not 3 years, was based on the approval date, not receipt date of the application. :o

    However, to be safe, I guess after Aug 17th is a pretty good bet



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  • sprash
    03-09 12:16 AM
    Thanks everyone.

    Many people asked me how I managed SR because the POJ has changed. Unfortunately, I myself don't know as I was trying desperately for various options. I did follow this generic template I had found while searching the forum, but I'm sure this didn't work right of the bat:

    1-800-375-5283
    press 1 for english
    then 2
    then 1 than 1
    then 3





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  • deekay
    06-23 05:01 PM
    Although this type of mistake on the I-94 would be an issue of you were solely maintaining H-1B status, because you are considered to be in the U.S. in an authorized period of stay as an Adjustment of Status (AOS) Applicant, the incorrect date on the I-94 should not present a problem for you. Technically your period of authorized stay as an AOS applicant can only end once your AOS application is adjudicated, so the dates listed on the I-94 cards for AOS Applicants are always somewhat arbitrary to begin with. Customarily AOS applicants are issued I-94 cards that are valid for a one-year period, however, if for instance, that year ends, and the I-94 �expires�, the AOS Applicant would still be maintaining valid status so long as the AOS application remains pending.



    In any event, we are not sure if the CPB Deferred Inspection unit will correct this because of the situation above, and we do not feel that the correction is necessary. In addition to continuing to be in period of authorized status as an AOS Applicant, you also have a valid I-797 for H-1B status, and even though you re-entered the U.S. on Advance Parole, you are still eligible for employment pursuant to the H-1B petition.



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  • surabhi
    04-14 01:41 PM
    As per suggestion by members of the forum, I am planning on using a good attorney to file my appeal.

    The new attorney for my company is 'Law Offices of Slowik & Robinson LLC' (http://www.s-r-law.com/) based in Columbus, OH and is supposedly very reputable and well known.

    If you guys have heard of them or know about them, please drop a few lines here. This will help me make a decision as to stay with the new company attorney or go to much bigger firms like Murthy LLC.

    Thanks.

    Regardless of the attorney you employ, it is important to ensure you are completely clued in and has visibility into the process. Its even more important in the situation you are in.

    You should be completely versed with your case, options available, reperucssions.. everything. Only then you can have meaningful conversation with attorney about your concerns.

    It is very difficult with para legals not providing timely information, neverthless you should look for firm that treats clilents with respect.





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  • Blog Feeds
    05-05 06:50 AM
    As leaders in NAFTA visa processing we like to update our readers on different visa categories and updates. This article is provided by our TN Visa Lawyer, Attorney Andrew Desposito.

    For many who come to the U.S. seeking work, there are only so many visas through which they may legally work. It is because of this issue that U.S. lawmakers have been strict on immigration enforcement of illegal immigrants trying to work in the U.S., in particular those coming from Mexico.

    For Mexicans and Canadians, the nonimmigrant NAFTA professional (TN) visa allows citizens of Mexico and Canada, as NAFTA professionals, to work in the U.S. in a prearranged business activity for a U.S. or foreign employer.

    So what does this mean for you?

    What this means is that if you are a person that works in a certain field, and have the education that corresponds with that field, you may be able to apply for the TN visa. Unlike the H-1B and its cap on how many visas are granted each year, or the J-1 and H-3 visas and their limited durations, the TN visa may be granted for up to three years and can continually be renewed toward the end of its duration. There are certain requirements of eligibility for the TN visa.

    With some exceptions, each profession under the TN visa requires at least a baccalaureate degree as an entry-level requirement. If a baccalaureate degree is required, no work experience may be used to substitute it. In some professions, an alternative criterion to a bachelor�s degree is listed. For some professions, experience or licensing is required in addition to the degree. It is therefore crucial to know what field you may qualify under before seeking this visa.

    Once you have determined that a TN visa is available to you, the next step is to find a U.S. employer willing to hire you in the job category related to your experience. During this time of economic growth, many companies are capable of hiring individuals from Mexico and Canada to fill those positions in the U.S. at very little cost. The visa itself is inexpensive to apply for at the U.S. Consulate or the Port of Entry. This makes it a far more attractive option to U.S. employers instead of the H-1B or L-1A visa and its many filing fees that come with it.

    With an employer willing to sponsor you for the TN visa, all that remains is preparing for your TN visa.

    Preparing a perfect TN Application

    There are many little parts that go into putting together a successful TN visa package. There should be no question in the mind of the immigration officer at the Port of Entry or the U.S. Embassy that you, the employee, meet the position requirements as listed under appendix 1603.D.1 of the TN visa, and that the company is an established business that has the need for your position.

    The immigration officer will ask questions regarding the nature of the business, the position you will be employed in, what your position entails for the company, and may even ask for examples of work that relate directly to the position being applied for.

    The Technical Publications Writer is a TN visa category that many individuals can be qualified to work. The position requires a Baccalaureate or Licenciatura Degree or Post Secondary Diploma or Post Secondary Certificate, and three years experience. The degree requirement is very broad in that all it takes is a degree or diploma in a related field to the company that the position is held. For instance, there was a case where the Technical Publications Writer was to assist a new media company in the design of its materials for publication on its websites, revise product instruction, and review and research social media publications. A degree in English was the related degree necessary to fulfill the duties of her position.


    When trying to figure out if one has the three years experience as a Technical Publications Writer, the occupational outlook handbook provides guidance on whether one can hold such a position. A Technical Publications Writer helps a company by reviewing published materials, recommending revisions or changes, arranging typing, duplication, or distribution of materials, as well as editing, standardizing, or making changes to materials prepared by other writers.

    The Technical Publications Writer may also complete specific writing projects for the company. Looking at a person�s prior work experience, it is not usually difficult to see that many duties one performed were similar to what is required of a Technical Publications Writer.

    Although work experience and degree are the requirements to holding the position, as outlined in the Appendix, a person should be able to bring other work that has been done to show they can produce something that is published. What this means is that an immigration officer at the embassy or the port of entry may feel the person does not fit the job description because they have not published something.

    Although there is nothing in the requirements for that position requiring a published material, it is good to be able to show one�s prior work has been published in some capacity. This is good for when a person applying for the visa gets an officer who does not understand that the word publications in the TN profession does not mean a person must be published to hold the position. A recent client went through this similar situation where they were not convinced the person should be a Technical Publications Writer because they did not have any published material.

    As attorneys who have worked on many TN visas, we know what immigration officers are looking for in their interview with TN professionals. We understand that many of them need to see for themselves how your position and your background meet the requirements of the TN position. We have helped people get TN visas as Engineers, Lawyers, Management Consultants, Technical Publications Writers, and Economists. No matter your personal background, being a professional under a TN visa is as simple as finding out what position fits you best.

    Although some positions do have specific degree requirements, such as a lawyer, other positions require a degree in a related field, such as for the Technical Publications Writer. With an attorney that understands little nuances like this, it is possible to get your TN visa wihttp://www.h1b.biz/lawyer-attorney-1137117.htmlthout the wait through the USCIS process for other work visas.




    More... (http://www.visalawyerblog.com/2011/04/tn_visa_attorney_the_technical.html)



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  • lvinaykumar
    04-12 11:40 AM
    ImmigratoinVoice does not have a entry in wikipedia. I think we should create this entry. And put as much information as possible. It will help us getting more people





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  • desi3933
    07-13 12:28 PM
    I did not generate. The employer did, but I paid the taxes due 925% + 12.5 % employer tax)

    So you "paid" taxes, could you please explain how it is legal?



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  • Imigrait
    02-07 12:44 PM
    Hi! I am on a H1 - B visa and had a question. If I marry someone from my home country India and she is working out there as a physiotherapist, can she come here and start practicing immediately or she needs to give some exams and do I need to file her H1 - B in the quota opening in April or is she outside the quota?

    Not sure about H1B, but I know this that she has to get give some certification exams for the state that she wants to practice from. A friend's wife got a certification done and then she worked in the US, and her employer filed for her GC and the GC was approved in 6 months in 2006. They are from India. I believe the US has a huge need for physiotheraphists and so under some rule/quota they get a GC very fast.





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  • mmk123
    02-19 06:40 AM
    No insurance here covers pre-existing conditions. sorry... Others can correct me, but only india network plan covers emergency conditions that arise from pre-existing conditions.. at least better than nothing. Hence, plan accordingly. You can still get expensive plans with a better coverage but still they don't cover any pre-existing conditions. Regarding normal situations, one of my friends had good experience with them for one of the claims.. pls note, i have nothing to do with them and not a PR for them.

    if you shop more, you should get a comprehensive plan that covers everything but will be interesting to see how affordable it will be..

    hope this helps, good luck.



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  • TomTancredo
    11-27 01:10 PM
    I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.

    My question is how do people intend to leverage on having an EAD for a higher salary?

    Thanks!


    It could be possible to get more money on EAD because you have more choice. I cant expect more salary just because I have an EAD. There are so many people with EADS in USA ... What counts is your experience. If you are already gettting paid according to the market conditions you may expect a boost in salary just because you have an EAD.





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  • jediknight
    04-06 08:34 AM
    I was worried about the Immigration status with the FHA loan processing. Glad it's not an issue.

    Still debating whether to refinance via FHA or wait for a few months till the house prices are better and do a conventional loan. The FHA MIs are quite steep in my case ($20K upfront + $350 per month)

    - JK



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  • skynet2500
    11-24 02:03 PM
    Yes. This is what I am thinking. They are going to stay for 6 months anyways, I wanna take advantage of tax deductions if possible. Would getting an I-94 extension for a week going to be a problem? thanks.





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  • amslonewolf
    05-16 10:44 AM
    But wasn't there a recent update that USCIS will be using USPS delivery confirmation service to send out cards..

    USCIS - USCIS Improves Delivery of Immigration Documents through Secure Mail Initiative (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ecdd8ae14af210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)


    From Oh Law Firm -

    05/02/2011: USCIS Secure Mail Initiative for Delivery of EAD, AP, and Green Cards by Priority Mail with Delivery Confirmation

    USCIS has just released information that under a partnership with the U.S. Postal Services, USCIS has fully implemented the Secure Mail Initiative (SMI), which uses U.S. Postal Service (USPS) Priority Mail with Delivery Confirmation to deliver certain immigration documents in a safe, secure and timely manner. The SMI reportedly enables USCIS to confirm delivery of permanent resident cards and documents pertaining to travel and employment authorization. With USPS tracking information, USCIS customers can easily stay up-to-date on the delivery status of their documents and USCIS can confirm that these essential documents were delivered to the proper address. SMI provides USCIS customers many benefits of ability to track the status of their documents through USPS tracking system, quicker delivery documents through USPS Priority two to four business days sooner than with first-class mail, average three days, and customer's ability to contact USCIS�s Customer Service Center at 800-375-5283 to request tracking information for their documents. USCIS customer service representatives will provide customers with their USPS tracking number and current USPS delivery status "two weeks" (but not earlier) after getting their approval notice in the mail. For the details, please read the USCIS release.
    It is, however, not clear the meaning of "Delivery Confirmation." Currently, the USPS uses two delivery confirmation options, one option requiring signature of the receiver and other option not requiring signature upon delivery. If it is the former, the customer should make it sure that the receiver is present to sign the delivery confirmation. As soon as this is clarified, we will post the information.





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  • JazzByTheBay
    08-01 08:36 PM
    It would probably be OK... but as you've rightly guessed, and given the fact that USCIS hasn't really outlined any plans to demonstrate how the extra money will be spent and whether it will guarantee better and faster service measured by a dramatic reduction in processing times, this money is probably going towards enforcement.

    It's probably DHS getting the money (not USCIS directly - the checks I wrote were for DHS, iirc).

    jazz

    I guess people are willing to shell out few extra hundreds as long as it expedites the process. Anyway thousands are being spent on attorney's instead if all this money goes to USCIS, atelast things gets done faster. Ofcourse the string attached to this is that the money should be spent for improving process rather than fattening the pockets of few. I am also told that most of the fee money goes towards the Border security ( May be taking money from legal applicants to curb illegals)





    eb3_nepa
    02-12 11:34 AM
    I am in Philadelphia so i would assume Vermont center. Is that a fair assumption, coz i have a previous I-140 and to the best of my knowledge it had gone to the Vermont center back then.

    However back in the day there was no premium processing for I-140 so things may have changed :(

    Has anyone in the North east USA recently received any approvals from the Vermont center?





    chanduv23
    03-24 10:26 AM
    Yesterday i got the mail from USCIS stating below. "My PD Dec 2006, INDIA, EB2 (I GOT MARRIED AFTER I APPLIED FOR I 485, SO MY WIFE IS NOT YET IN APPLICATION. I AM WAITING FOR DATES TO GET CURRENT FOR ME SO I CAN ADD HER INTO MY APPLICATION"

    I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!



    Request for Evidence



    The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.

    Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.

    You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.

    Officer # 11**

    This is exactly the same language I had when I got a NOID after ac21 change. Just respond back with evidence requested and you will be fine.



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