thomachan72
04-18 12:19 PM
Does your husband currently have a valid H1b visa "STAMPED" in his passport??
wallpaper Mission Space – Epcot
bobzibub
10-06 01:27 PM
Attempting to get USCIS to post a page like that would be like squeezing blood from a stone.
Example: When AILA asked USCIS whether moonlighting on an 485 derived EAD voids your H1-B (when you also keep your main job) seven months ago, they "take it under advice" but haven't bothered to answer the question. I've asked my lawyers and they are unwilling to say either way because they think USCIS could rule on it some day.
Leadership. They've heard of it.
Example: When AILA asked USCIS whether moonlighting on an 485 derived EAD voids your H1-B (when you also keep your main job) seven months ago, they "take it under advice" but haven't bothered to answer the question. I've asked my lawyers and they are unwilling to say either way because they think USCIS could rule on it some day.
Leadership. They've heard of it.
Ryall
09-05 02:23 AM
hye I dunno what all of your opinions are, but I think that pixel stretching and similar effects that are so popular now - can more easily take away from a picture then add to it.... just MHO - seems like people use it 'cuz it is "in"
Peace
Peace
2011 Black astronaut in space Men
tammigaw
02-15 02:14 AM
It says own/lease/solicit ...blah..blah with any competitors , but the language is very generic and now he says that there is a word in the text and it could be opened to any interpretation based on his convinience .
When i asked him to explain the clause during the time of signing he said that i could not join his competetors for this client . I felt this cluase is reasonable to protect on his business interests , so i sighned it .
Now he is manuplating it to accomodate his interested , so he can squeeze more money out of me .
During my stay here , he NEWER paid me on time andi had to call him 20 times and mail him for 10 times ..literaly begging to get my pay .
If in worst case , if he tries to execute this non compete in court i am not sure if it stays valid , based on the manner he ran his business .
Can any one please shed some light in this grey area.
When i asked him to explain the clause during the time of signing he said that i could not join his competetors for this client . I felt this cluase is reasonable to protect on his business interests , so i sighned it .
Now he is manuplating it to accomodate his interested , so he can squeeze more money out of me .
During my stay here , he NEWER paid me on time andi had to call him 20 times and mail him for 10 times ..literaly begging to get my pay .
If in worst case , if he tries to execute this non compete in court i am not sure if it stays valid , based on the manner he ran his business .
Can any one please shed some light in this grey area.
more...
onemoredesi
06-21 10:53 AM
In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Abhijit,
This happened to a very close friend of mine a couple of years ago when he was in hi 6th year. He luckily found a labor substitution at that time and was able to immediately file.
I-140 is probably most important of the entire green card process.. it is what proves the employer's capability to pay the prospective employee.
To your question, if I-140 is rejected, your entire application is denied.. I-485 is immediately nullified.
You might want to talk to your attorney if you have the slightest of the doubts..
If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)
Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?
Experts, please comment. I may have to face this scenario.
Thanks!
Abhijit
Contribution so far: $100
Abhijit,
This happened to a very close friend of mine a couple of years ago when he was in hi 6th year. He luckily found a labor substitution at that time and was able to immediately file.
I-140 is probably most important of the entire green card process.. it is what proves the employer's capability to pay the prospective employee.
To your question, if I-140 is rejected, your entire application is denied.. I-485 is immediately nullified.
You might want to talk to your attorney if you have the slightest of the doubts..
invincibleasian
03-27 02:03 PM
I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
Amend the LC!
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
Amend the LC!
more...
PD_Dec2002
07-06 11:19 AM
Jayant,
Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.
Once again thanks for the advice. Let me rephrase my question:
(a) At this point can I file for PERM processing (five months left on H1)?
(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?
(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?
At this point, I am loooking for extension of one year. Is there any way I can do this?
Thanks a lot again,
Savitri Bhave
Answers to your questions.
(a) That could be tough, but check with your attorney. Or check if you or your husband's company has any unused LCs. Remember that LC substituion can be done only until July 17th (could be 16 or 18th, please get this confirmed), so you have to act fast.
(b) No.
(c) No. I am almost sure even if you have an approved I-140, it still isn't enough to get an H-1B extension. Your best bet would be to work on an EAD if you were eligible to apply for 485. Talk to your attorney.
Good luck
Thanks,
Jayant
Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.
Once again thanks for the advice. Let me rephrase my question:
(a) At this point can I file for PERM processing (five months left on H1)?
(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?
(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?
At this point, I am loooking for extension of one year. Is there any way I can do this?
Thanks a lot again,
Savitri Bhave
Answers to your questions.
(a) That could be tough, but check with your attorney. Or check if you or your husband's company has any unused LCs. Remember that LC substituion can be done only until July 17th (could be 16 or 18th, please get this confirmed), so you have to act fast.
(b) No.
(c) No. I am almost sure even if you have an approved I-140, it still isn't enough to get an H-1B extension. Your best bet would be to work on an EAD if you were eligible to apply for 485. Talk to your attorney.
Good luck
Thanks,
Jayant
2010 Astronaut Talks Space with
javaconsultant
04-03 01:37 AM
Lets Do it Guys !!!!Now is the time......
NOT KNOW HOW TRUE BELOW IS, BUT POST IT ANYWAY
PLEASE POST BELOW ON EVERY website and different forums within a website (murthy/immigrationportal/etc) YOU VISIT------------------------------------------------------------------------------------------------------
We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
- Mail to below address (so that all mail could reach authorities on same week)
- Fax to below number (so that all faxes could reach authorities on same day)
Dates: April 3rd (preferable) and APRIL 4th (if you forget)
MAKE A CALENDER ENTRY
Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.
Subject: Delay in Foreign Labor Certification application approval process at Philadelphia Backlog Processing Center
DOL Contacts
Ms. Elaine L. Chao
Secretary of Labor
(202) 693-6000
Mr. Paul T. Conway
Chief of Staff
(202) 693-6007
Mr. Steven J. Law
Deputy Secretary
(202) 693-6000
Ms. Ruth D. Knouse
Executive Secretariat Director
(202) 693-6100
Ms. Amy Barrera
Director of Advance & Scheduling
(202) 693-6003
Ms. Laura Genero
Associate Deputy Secretary
(202) 693-6000
Address for all the above people
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210
--------------------------------------------------------------------------------
WE SEND LETTERS ON APRIL 3rd or 4th (NOT BEFORE)
WE FAX LETTERS ON APRIL 3rd or 4th
Below is the sample draft:
-------------------------
Subject: Delay in Foreign Labor Certification Application approval process at Philadelphia Backlog Processing Center
Dear Sir / Madam:
I would like to bring it to your attention the delays in LCA approval process at Philadelphia Backlog Processing Center. I have been waiting for almost 2 years since the commencement of Philadelphia Backlog Processing Center and has not received my approval.
My family and I are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.
I would be highly appreciated if you look into this matter as soon as possible.
Sincerely,
your name
City, State, Zipcode
__________________
ETA Case Number:
YOUR PRIORITY DATE
YOUR STATE
TR/RIR
NOT KNOW HOW TRUE BELOW IS, BUT POST IT ANYWAY
PLEASE POST BELOW ON EVERY website and different forums within a website (murthy/immigrationportal/etc) YOU VISIT------------------------------------------------------------------------------------------------------
We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
- Mail to below address (so that all mail could reach authorities on same week)
- Fax to below number (so that all faxes could reach authorities on same day)
Dates: April 3rd (preferable) and APRIL 4th (if you forget)
MAKE A CALENDER ENTRY
Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.
Subject: Delay in Foreign Labor Certification application approval process at Philadelphia Backlog Processing Center
DOL Contacts
Ms. Elaine L. Chao
Secretary of Labor
(202) 693-6000
Mr. Paul T. Conway
Chief of Staff
(202) 693-6007
Mr. Steven J. Law
Deputy Secretary
(202) 693-6000
Ms. Ruth D. Knouse
Executive Secretariat Director
(202) 693-6100
Ms. Amy Barrera
Director of Advance & Scheduling
(202) 693-6003
Ms. Laura Genero
Associate Deputy Secretary
(202) 693-6000
Address for all the above people
U.S. Department of Labor
Frances Perkins Building
200 Constitution Avenue, NW
Washington, DC 20210
--------------------------------------------------------------------------------
WE SEND LETTERS ON APRIL 3rd or 4th (NOT BEFORE)
WE FAX LETTERS ON APRIL 3rd or 4th
Below is the sample draft:
-------------------------
Subject: Delay in Foreign Labor Certification Application approval process at Philadelphia Backlog Processing Center
Dear Sir / Madam:
I would like to bring it to your attention the delays in LCA approval process at Philadelphia Backlog Processing Center. I have been waiting for almost 2 years since the commencement of Philadelphia Backlog Processing Center and has not received my approval.
My family and I are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.
I would be highly appreciated if you look into this matter as soon as possible.
Sincerely,
your name
City, State, Zipcode
__________________
ETA Case Number:
YOUR PRIORITY DATE
YOUR STATE
TR/RIR
more...
srikondoji
04-26 03:34 PM
Microsoft/IBM/Infosys/Wipro are interested in H1-B visa number hike.
They only want more new H1-B's, coz they have to pay more for those who are already here.
Politicians are interested in illegal immigrants because their number runs into millions and they can get their votes.
Remaining skilled labor force with his H1 term ending are of no use to anyone.
I think this forum is doing a tremendous job in fighting for a cause and will no doubt make a mark fo itself.
Thanks
sri
They only want more new H1-B's, coz they have to pay more for those who are already here.
Politicians are interested in illegal immigrants because their number runs into millions and they can get their votes.
Remaining skilled labor force with his H1 term ending are of no use to anyone.
I think this forum is doing a tremendous job in fighting for a cause and will no doubt make a mark fo itself.
Thanks
sri
hair Space Suit cartoon 8 - search
fromnaija
09-14 01:26 PM
This issue was previously discussed here. In that thread I do not agree with user frostrated who stated that he reentered with an AP that was approved while he was outside the US. That may well be the case but I believe if CBP agents at the port of entry were vigilant he would have been refused entry.
http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1599409-parole-question-based-on-murthy-com.html#post1975354
http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1599409-parole-question-based-on-murthy-com.html#post1975354
more...
insbaby
07-17 11:01 AM
I recieved reply from consulate stating that I need to get PCC from US consulate as I have not being living in India for a long time therefore there is no use of getting PCC from local police station. Now anybody let me know if I fly to SFO they would give my PCC with in a day or would take time ??/
If you are holdng a Passport issued by other than SF Consulate:
* If applying at the counter in-person, 30 business days or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier
*If applying by mail, 30 business days, excluding time taken in mail, or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier.
As it takes around 30 business days to issue PCC, you must submit photocopy of passport at the time of applying. As soon as the clearance is received from the Passport Issuing Authority concerned, you will be called (provided you have mentioned your telephone number in the application) to submit your original passport for stamping of PCC.
If you are holdng a Passport issued by SF Consulate:
Applying in person: Same day or latest by the next working day
Applying by mail: 10 (ten) business days excluding the time taken in mail
http://cgisf.org/misc/miscservices.html
If you are holdng a Passport issued by other than SF Consulate:
* If applying at the counter in-person, 30 business days or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier
*If applying by mail, 30 business days, excluding time taken in mail, or on receipt of clearance from Passport Issuing Authority concerned, whichever is earlier.
As it takes around 30 business days to issue PCC, you must submit photocopy of passport at the time of applying. As soon as the clearance is received from the Passport Issuing Authority concerned, you will be called (provided you have mentioned your telephone number in the application) to submit your original passport for stamping of PCC.
If you are holdng a Passport issued by SF Consulate:
Applying in person: Same day or latest by the next working day
Applying by mail: 10 (ten) business days excluding the time taken in mail
http://cgisf.org/misc/miscservices.html
hot Astronaut Space Helmet
arrarrgee
07-13 11:35 AM
:p :p :p
The details here
Firstly, by investing $1 million and hiring 10 employees anywhere in the US. Secondly, investing $500,000 and hiring 10 employees in an area where the unemployment rate exceeds the national average unemployment rate by 150%. Thirdly, investing in regional centres designated by the INS that are eligible to receive immigrant investor capital. The US immigration and naturalization services (INS), United States citizenship and immigration services (US CIS) have approved over 20 regional centres.
You're a bit confused. To get investor's visa, you need to invest either in certain underdeveloped areas (half a million will be sufficient), or you need to create a certain number of jobs with your investment/business. I wonder, however, if one would qualify by buying an expensive house and providing jobs for 10+ people maintaining your house on a full-time basis. :)
The details here
Firstly, by investing $1 million and hiring 10 employees anywhere in the US. Secondly, investing $500,000 and hiring 10 employees in an area where the unemployment rate exceeds the national average unemployment rate by 150%. Thirdly, investing in regional centres designated by the INS that are eligible to receive immigrant investor capital. The US immigration and naturalization services (INS), United States citizenship and immigration services (US CIS) have approved over 20 regional centres.
You're a bit confused. To get investor's visa, you need to invest either in certain underdeveloped areas (half a million will be sufficient), or you need to create a certain number of jobs with your investment/business. I wonder, however, if one would qualify by buying an expensive house and providing jobs for 10+ people maintaining your house on a full-time basis. :)
more...
house Chinese astronauts:
WeShallOvercome
08-03 12:55 PM
You are a jack ass
What kind of a person would reply with "You are a jack ass" to some one saying
"Apology accepted and now i ask you to contribute for DC rally.....will you do that?
Even am not a pro, i joined IV just couple of months back, but i never opened a thread for simple questions. I am not bashing you here....i am trying to educate you on this.....when we have something to ask we should look for appropriate thread and then post it there.
I got my checks cashed on aug 1st, but i didn't opened a thread to tell everyone that, but i have seen people whoever got receipt they opened a new thread.
"
We all now know who is what !
Peace and Am not visiting this thread anymore or any other started by the author of this one !
What kind of a person would reply with "You are a jack ass" to some one saying
"Apology accepted and now i ask you to contribute for DC rally.....will you do that?
Even am not a pro, i joined IV just couple of months back, but i never opened a thread for simple questions. I am not bashing you here....i am trying to educate you on this.....when we have something to ask we should look for appropriate thread and then post it there.
I got my checks cashed on aug 1st, but i didn't opened a thread to tell everyone that, but i have seen people whoever got receipt they opened a new thread.
"
We all now know who is what !
Peace and Am not visiting this thread anymore or any other started by the author of this one !
tattoo Astronaut in Space by WBR-
Blog Feeds
01-11 08:10 AM
The restrictionist Center for Immigration Studies has put out a DREAM Act proposal that could tell us what the Republicans might propose when they re-draft DREAM to their own liking. It's not horrible - some ideas, particularly those in the first of the two parts - would probably be areas where agreement could be reached. A few ideas - such as introducing a new extremely cumbersome process to get the green card after ten years - are really bad. But it is encouraging to at least be having a negotiation. One had the feeling in the last Congress that only...
More... (http://blogs.ilw.com/gregsiskind/2011/01/the-gop-dream-act-plan.html)
More... (http://blogs.ilw.com/gregsiskind/2011/01/the-gop-dream-act-plan.html)
more...
pictures for an astronaut in space
prdgl
06-17 06:19 PM
I was under the impression that the bill have already died and its very hard that they will get the bill this year. I myself haven't applied my LC yet.
After the seeing the June VB, I am deciding to move to another company which will file my LC ASAP because my current employer is dragging his feet.
can anyone tell me that I should wait or should go ahead and change employer to file my LC, because if the bill's May15th cut-off date becomes effective, then I will have moved for no reason (all is waste)
Your suggestions are highly valued.
Thanks
After the seeing the June VB, I am deciding to move to another company which will file my LC ASAP because my current employer is dragging his feet.
can anyone tell me that I should wait or should go ahead and change employer to file my LC, because if the bill's May15th cut-off date becomes effective, then I will have moved for no reason (all is waste)
Your suggestions are highly valued.
Thanks
dresses for an astronaut in space
Life2Live
12-10 01:00 PM
It looks like it is not even safe using AC21 after 180 days. Look at the following thread:
http://immigrationvoice.org/forum/showthread.php?t=15993
His I-140 revoked after 2.5 years...ridiculous..
http://immigrationvoice.org/forum/showthread.php?t=15993
His I-140 revoked after 2.5 years...ridiculous..
more...
makeup Astronaut Space Walking.
eb3retro
08-31 01:14 PM
Before voting, I saw the poll results, it said total number of votes = 9345. Then I voted "yes". The total no of votes still stands at 9345.
try voting no, and it will increase by 500 votes.:D:D:D
try voting no, and it will increase by 500 votes.:D:D:D
girlfriend Space Rockets cartoon 7
eilsoe
10-03 01:59 PM
Absolutely horrific...
hairstyles Astronaut Space travel
ebizash
08-25 02:17 PM
poorslumdog,
I do appologize. I have made some donations today, will be making in the future.
i will be more active in the posts and compaigns.
will you please encourage others to respond to my questions?
Thanks for giving me a wake -up call.
Greencardfever5, first of all I don't think you needed to apologize. Everyone has their own schedules and priorities, and just because you did not spend enough time on IV, does not mean you are not welcome here.
Now to your question - I was in similar situation last year , may be even more complicated than yours. First I got promoted (developer to Architect) in my GC sponsoring company in 2007 and then in 2008, I changed employer and took another promotion (Architect to Manager). In the first case, my GC employer filed an amended H1-B and in the second case, I used EAD to switch employer.
I got RFE last month for employment verification letter. My current employer responded with my current position, salary (more than 50% higher than LCA), and job responsibilities. The USCIS accepted that response and my case has resumed processing. So if I were you, I would have no problem taking the Engineering Manager title.
Hope this helps.
I do appologize. I have made some donations today, will be making in the future.
i will be more active in the posts and compaigns.
will you please encourage others to respond to my questions?
Thanks for giving me a wake -up call.
Greencardfever5, first of all I don't think you needed to apologize. Everyone has their own schedules and priorities, and just because you did not spend enough time on IV, does not mean you are not welcome here.
Now to your question - I was in similar situation last year , may be even more complicated than yours. First I got promoted (developer to Architect) in my GC sponsoring company in 2007 and then in 2008, I changed employer and took another promotion (Architect to Manager). In the first case, my GC employer filed an amended H1-B and in the second case, I used EAD to switch employer.
I got RFE last month for employment verification letter. My current employer responded with my current position, salary (more than 50% higher than LCA), and job responsibilities. The USCIS accepted that response and my case has resumed processing. So if I were you, I would have no problem taking the Engineering Manager title.
Hope this helps.
lecter
January 6th, 2005, 09:40 AM
Here's the thrid in my "tryptich"
http://www.dphoto.us/forumphotos/data/500/15HL2C9752-old_lady_pole-III-med.jpg
waddaya think?
http://www.dphoto.us/forumphotos/data/500/15HL2C9752-old_lady_pole-III-med.jpg
waddaya think?
desi485
09-27 10:12 AM
^^bump^^
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