Tuesday, June 14, 2011

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  • saravanaraj.sathya
    08-08 02:27 PM
    Removed





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  • arpu31
    11-17 01:03 PM
    I believe u can apply ur own H4. because u have the H1 approval from ur spouse. just download form from uscis website. there is complete instruction over there.

    Thx

    Thanks! But if I apply for my own H4, I would require my copy of I797 and the I94 attached to that. My employer doesnt provide me with the copy of those. Would the documents from my husband good enough to apply in US?

    Arpu





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  • tulips
    05-25 08:52 AM
    Thank you for your reply! He has been out for 9 months now but visited in between. He used H4 to come back and did not get new AP. We did file taxes. How do I know if the application is still valid and it's okay to use EAD?





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  • bbenhill
    11-13 08:51 PM
    I believe whenever you apply H1 or H4 in US, you will get new I-94 so you don't need to go outside US.

    #3 : no, only show H1B approval from ur spouse.
    #4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
    #5 : I believe you are not out of status but you are violating H1 condition.

    But again, Please check with ur attorney since I am not an attorney.

    Sorry if my answers will scare you a bit.

    Regards,





    I came to USA in March-2009 on H4 visa, I have H4 visa stamp on my passport valid till 2011 which is my husband�s valid H1 date. Then i applied for H1B through one of consulting companies. I got H1B approval in June-2009. I am searching for the project from June-2009 but, don't have project till date. So now i wanted to change my status again from H1B to H4. I believe my H1B is automatically activated on 1st Oct 2009. I still don�t have any paychecks since I did not get the project and haven�t yet applied for SSN.
    So my questions are,
    1.Can I apply for visa status change from H1B to H4 in USA or
    a. I need to go outside USA and reapply for H4 visa in my home country or
    b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
    2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
    3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
    4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
    5. Under what scenarios and When would I be considered out of status?

    Thank You in advance.

    Arpu



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  • Honda
    09-08 11:42 PM
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  • red200
    09-04 02:35 PM
    Gradually it has to come to 2007 for sure
    because

    1)It came till OCT 2006 in 2007 as well as in 2008 , There would be really few members who would have missed the two boats under EB2
    but there will be EB3 -> EB2 conversions not sure how many , Hard to estimate

    2)The applications to USCIS are gradually decreasing and the trend probably will continue in 2010, Hence lesser revenues for USCIS

    so if PD is stable in coming months or even if it has slow and steady increment, I believe 2007 will be current again in coming 3 quarters, if it doesnt happen in oct bulletin



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  • Skip
    March 9th, 2004, 12:34 PM
    SB-26 will be a problem. You cannot use TTL flash mode with any Nikon digital camera. It would be like going back to an old thyristor auto flash. Only the DX series flashes work with the digitals.





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  • Kalidindi
    07-26 04:30 PM
    The PD was current in August 2005 for EB2.



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  • GCBALAK
    03-18 12:57 AM
    I am on an EAD (dependent), as my husband was the primary applicant. He has got his GC and mine got stuck after the July - Aug 2007 fiasco :(.

    I want to start a IT company with my friend who is a US Citizen. I know my husband is a sure shot to have the company in his name however, he is in a full-time job.

    My questions:

    1) Can I start / partner with a friend who is a US Citizen?

    2) I am thinking of an LLC. Is that ok? or should it be S-Corp? More reading of S-corp says to be US Citizen or US Permanent Resident so I am more leaning towards LLC. Also there is a provision that we could change LLC to S-corp at a later date (if needed).

    3) What should I make sure if I go through the LLC route? - like Designation, Salary that I can take, work for the same company etc

    4) Does state make any difference? If so how? I am a PA resident and my friend is from Texas. We are thinking of registering the company in Texas.

    5) I got my 2 yr EAD valid till Sep 2010. Is there any special procedure that I need to do or just extend it before it expires.

    Any tips / advice from the experts will be highly appreciated.





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  • rsdang
    07-23 10:44 AM
    I am a July filer as well and have a ton of friends in same boat... This is the first I heard of it.



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  • vkrishn
    07-28 10:00 PM
    Checked the USCIS Website today and there is no Soft LUD on my 485. But i did notice that the "Request for Evidence" Message changed to "Request for Evidence Respone Review" . This is a new status message.

    I got an RFE on Sep 3rd 2008 and Attorney's filed the response with in 3 days. I did not get any other update beyond that. I did open a SR on July 11th regarding status of the case.

    Did anyone who had sent their response to RFE get their status changed like the above today?

    Here is description of the "Request for Evidence Respone Review"..

    "Once a timely response to the request for evidence is received by USCIS, we review the evidence or information you submitted. If you submitted the requested evidence, we continue with the adjudication of your application or petition in light of the new evidence"..





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  • ck_b2001
    09-11 09:03 PM
    i am not sure if my lawyer has the receipts. my case was sent on 6.29.2007 and received on july 2nd.
    i got my FP notice (for my wife also) yesterday in mail for 9/25 appt.
    from the receipt number on FP notice i checked it on USCIS website. it says that they received the 485 app on 30 aug. and the LUD on 485 is 9/3.

    sent Jun 29th, recieved Jul 2nd at TSC. Got FP notice for 10/03. Lawyer recieved Reciepts yesterday with Notice Date of 09/05. LUD was 9/3. Website says they recieved app 30 aug (did not make sense to me). Lawyer further told me i will get EAD Card directly before they will recieve approval notice. AP will be recieved by lawyers directly.



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  • perm2gc
    08-30 03:17 PM
    perm2gc,

    Southwest, JetBlue, Airtran who are low fare carriers might have stopped doing that. A friend of mine flew on his in-laws frequent flier miles on Southwest a couple of years back. I am not sure what their policy is currently. I know Big airlines like American, United allow to transfer miles for charges varying between 5 to 25 dollars depending on the number of days left for travel. Also, not all seats are available for award travel on a given flight. It varies from the frequent flyer's status ( General, Premier, 1K ) what ever. I am sure the core people are looking into these considertations.
    thks for the info





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  • sreeks925
    02-03 04:44 AM
    Bush urges US Congress to lift H-1B visa limit




    Making a strong pitch for America to stay competitive in the face of emerging economies such as India and China, President George W Bush has urged the Congress to raise the number of H-1B visas that allow companies to hire foreign workers for scientific and high tech jobs.

    "Congress needs to understand that nations like India, China, Japan, Korea and Canada all offer tax incentives that are permanent. In other words, we live in a competitive world. We want to be the leader in this world," Bush said in a speech in Minnesota on Thursday.

    To fill vacant jobs in the US, Bush urged the Congress to lift current limit on H-1B visas that allow foreign workers to get jobs in the United States. The Congress in 2005 capped at 65,000 the number of H-1B visas, a third of the 195,000 allowed during the technology boom.

    "I think it's a mistake not to encourage more really bright folks who can fill the jobs that are having trouble being filled here in America, to limit their number. So I call upon Congress to be realistic and reasonable and raise that cap," Bush said, but did not say by how much he wanted the limit lifted.

    He said that one part of the agenda to stay competitive was to study math and science, a theme he touched on in his State of the Union Address on Tuesday.

    "It's one thing to research, but if you don't have somebody in that lab, well� And so I got some ideas for the Congress to consider. The first is to emphasize math and science early, and to make sure that the courses are rigorous enough that our children can compete globally," Bush said in a speech at the 3M Corporation.

    He said there are more high-tech jobs in America today than people available to fill them. "So what do we do about that? And the reason it's important -- and the American citizen has got to understand it's important -- is if we don't do something about how to fill those high-tech jobs here, they'll go somewhere else where somebody can do the job."

    "There are some who say, we can't worry about competition. It doesn't matter, it's here. It's a real aspect of the world in which we live," he said.

    "And so one way to deal with this problem, and probably the most effective way, is to recognize that there's a lot of bright engineers and chemists and physicists from other lands that are either educated here, or received an education elsewhere but want to work here. And they come here under a programme called H1B visas," Bush said.

    He said America should not fear competition. "It's important for us not to lose our confidence in changing times. It's important for us not to fear competition but welcome it."

    Senior administration officials noted that the number of H-1B visas has fallen to 65,000 which in their estimation was 'too low' and that it was imperative 'to bump that up.'

    ". . . some of reports have called for increases of 10,000; others between 20,000 and 40,000. So there is a number of options on the table to be considered. But we'll work with Congress on that," said Claude Allen, assistant to the President for domestic policy.



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  • my_gc_wait
    08-10 12:16 PM
    yes, employer just needs to show that new job is similar to your old job. Its just simply a letter which an employer can(may choose not to as its not mandatory by law but advised to do so) send to USCIS.
    For EB2 classification you dont need to do anything, your emplyer need to show that job needs Masters or equivalent and it meets prevailing market salary requirements. So you can just ask them if this position meets EB2 requirements and if they will be wiling to do EB2 filing for you in addition to AC21 (or H1 transer)


    Thank you my_gc_wait.

    Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.

    Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.





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  • GCWarrior
    04-16 02:57 PM
    Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?

    Thanks



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  • forgerator
    11-08 04:38 PM
    You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.

    If they suspect any fraud then your employer will be asked for supervised recruitment effort

    Second, Your salary should reflect the (higher) qualifications, higher than prevailing!

    Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)

    I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:

    Bachelors plus 6-8 yrs experience
    or alternatively
    Masters plus 4-6 yrs experience.

    I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o





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  • Buran
    12-28 09:25 AM
    Can't see it in my browser, still shows November 14





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  • Maverick1
    11-16 01:45 PM
    Let me restate to make sure I understood your question right :

    Are you currently working as described in "A" and going to join a job as described in "B" ?

    They don't look similar to me. If your LC was files verbatim as described in "A" and the new job description from your new employer is going to be as described in "B" you will have an issue.

    As always the standard disclaimer : Take a legal advise. But it appears even to a lay man that they are not same/similar as described by you.



    Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met

    Job A: Techincal Consultant
    - Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
    - Basic working understanding of SQL Server, Oracle and related query language and tools
    - Consulting development experience in IT or Systems Integration
    - Excellent communication skills; written and verbal.

    Job B: Project Manager
    - Accomplishes project objectives by planning and evaluating project activities.
    - Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
    - Identifies resources needed and assigns individual responsibilities.
    - Manages day-to-day operational aspects of a project and scope.
    - Reviews deliverables prepared by team before passing to client.
    etc etc.


    On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?





    HRPRO
    03-07 07:05 PM
    6 months.

    Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.

    Smuggy,

    If I were you, I would start looking right away and will definitely file the transfer with a Premium. I consider it the cost for peace of mind more than anything else.

    HRPRO





    rsdang
    07-23 10:41 AM
    What I have heard from others having the same issue is that they would put your given name as the last name (as it is the index in their db) and put the "FNU" (First Name Unknown) under the first name. I know, this is ridiculous as you have a first name ! Hope they have something like a "LNU" as well

    FNU - also stands for Family Name Unknown...

    Hope this helps...



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