Saturday, June 25, 2011

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  • jungalee43
    12-11 11:01 AM
    Very good catch. South Korea (& Philipines) falls under ROW and got a lot more EB3 visas than India. So if EB3 is born in South Korea, s/he would get GC in three years where as we are rotting for last eight years. The only reason is the country of birth. How unfair and discriminatory! Is this pre-planned?? And hardly any lawmaker is concerned. Hard to believe this is USA.

    Country EB1 EB2 EB3
    S Korea 1,923 7,125 4,727
    Philippines 310 2,057 5,625
    UK 3,472 2,043 909
    Canada 2,368 3,404 1,207
    Mexico 1,457 1,348 4,021

    Now the question is why is there no 7% quota for South Korea ?




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  • Winner
    02-18 11:57 AM
    Hello IVans,
    My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.

    Thanks.




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  • quizzer
    02-25 11:39 PM
    If somebody wants to enter IT field from a non-IT background, any list of suggestions of the certifications and courses to be taken? There are so many of them that it is hard to choose.

    SAP and Oracle are any day hot!!!!!!!!!!!




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  • baburob2
    11-02 02:42 PM
    As per my knowledge, GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.

    Plz. correct if I am wrong.

    My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.

    I concur that "GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.". Hence your move is fine.



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  • ujjvalkoul
    01-18 12:29 PM
    No
    only the primary applicant needs to take the test
    It is not clearly spelled out on cic.gc.ca.(or at least I couldnt find it)...so I was confused..

    Even if the Spouse is included in the application and may work in canada...even then spouse does not have to appear for test....??

    Can you point me to the website for confirmation of this??




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  • Joozz
    09-21 09:50 AM
    Or may be the fact that they gave me new visa in the embassy means that everything fine with that extension?



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  • Jaime
    09-07 03:05 AM
    How many more before Congress acts?

    COME WITH US TO WASHINGTON TO TELL CONGRESS THAT WE'VE ALREADY WAITED LONG ENOUGH!!!!
    How many more of us need to leave???? Let's not wait and find out! We love the United States and want to continue to contribute to its growth, world leadership and well-being. Don't let short-sighted politicians prevent you from securing what you have rightfully earned: The Right to contribute to the U.S. in peace and freedom, without abuse, without discrimination, and without the constant threat of being uprooted and kicked out the door like a piece of used old furniture!!!




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  • CRAZYMONK
    07-20 09:01 AM
    All they can do is stop your salary and not re leave you from the duties. Also the day you put in your papers, they might cancel your H1B, which jeopardizes your status. So prepare for this. File the H1 B first get the approval then quit. These days it is very hard to get the H1b Transfer done.

    They can't do any thing else. All the best.

    Hello Sir/Madam,

    I badly need some advice with regards to a policy which i have in my current employment deputation letter for working in US.

    A brief info about me :

    1. I'm basically an employee of Wipro, India deputed in US on H1B.
    2. As part of this travel, there is a mandatory clause to accept certain policies of wipro ensuring that i do not move out of wipro in USA without giving a 2 months notice and also a liquidity damages of 4,20,000 INR equivalent to 10,000 $.

    My current issue :

    1. Its been about 2 yrs that i've been serving for Wipro in US and now in a state where i want to move out. I got a pretty good offer from another company that augurs well for my future.
    2. I Can give only 3 weeks of notice.

    Advice needed :

    1. Can i leave now with 3 weeks notice knowing that i had mandatorily signed the policy of wipro in india before coming over to USA.
    2. What are the legal implications of this? If wipro serves a notice do i need to reply to that knowing that as per H1B labor laws of USCIS, a company cannot force anybody to give a notice period of more than 2 weeks?

    Your suggestions will do a world of good to me. Thank you in advance.

    Regards,
    Ineedhelp



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  • gc_on_demand
    05-05 09:54 AM
    If this happens it will be a bad news as given environment I 140 approval takes years . Very soon there will be a backlog in I 140 stage.. They are just swaping backlog from one stage to another..




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  • jasmin45
    02-26 01:20 PM
    If you go out of US and while you are out, if your GC is approved, then you can reenter US with that GC only if you have an AP. If you re-enter US with your H4, then USCIS assumes that you are abandoning your GC...This is what my attorney told me. So, it's better to talk to your attorney before going out of US.

    This is correct as per my understanding. As soon as your GC is approved you will need AP to re-enter US. IO at POE will have the information about your approved GC. I do not think he will allow you to enter on H4 after the GC Approval.

    This is just my understanding. Check with a attorney to get precise information.



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  • nissan_1
    11-30 09:30 AM
    I have also applied for the canadian PR 1.5 months ago. Yesterday I got a letter from canadian consulate to sit for IELTS as I am clamming 16 points on language skill with supporting documents. Now, I do not want to sit for IELTS..is there any way out? Do you guys know any small consulting firm in canada who can give me a HRSDC approved job offer? I will not mind to work for them for a year if I get my PR (it's better then waiting for GC for another 10 years)...




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  • blizkreeg
    01-26 01:03 PM
    I don't dislike people from Andhra. I have close friends from Hyderabad.

    I dislike irrelevant discussions that are motivated by race, region, or people of a certain kind. We don't need that here. It feels like housewives gossiping about useless topics.



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  • sunny1000
    04-20 01:44 PM
    Hi,

    My in-laws came to US last Firday along with my kid who is a US citizen.

    Their passport has a stamp that says Admitted on Apr 17 at Chicago, Class B2 and "Until" is blank. There should be a date that tells they can stay until this date.

    What are my options now. Do i need to let it go or contact some one and bring it to their notice etc..

    Any help is appreciated

    Are you saying the I-94 does not have the date written in the "until" column or is it only on the passport? Usually, on the passport, the CBP officer just stamps it as "Admitted" and NOT write the date of departure except in cases of Parole stamps - all my entry stamps on my passport do not have dates written on them when I entered using H1B.

    Does the I-94 have the date written on it? If so, that is all that is needed.




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  • vikramaditya
    05-01 12:15 PM
    i cannot contact my old employer as the company is taken over by another one .I sure can use the old PD but still have to wait for months till i 140 gets approved .This time i have a high chance of rfe and rejection as it is by a small company and for future employement .



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  • mdy_tvr
    02-04 06:34 PM
    yes, since she has a pending 485 she does not have to worry about status, that pending 485 keeps the status around. She can even file for an EAD.

    Thanks meridiani.planum for the response.




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  • xbohdpukc
    03-26 04:24 PM
    Don't listen to those who would tell you that you need 5 years after your degree was awarded. TALK TO A FREAKING LAWYER.



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  • kumar1
    07-28 01:18 AM
    I have a question, my attorney says that he has filed the application on 2nd July without my signature.
    I have not given any authorization also.
    I am worried if it is valid or not.

    I don't know if they take authorization from my employer or it should be from me.
    Please suggest.

    v




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  • virat
    07-25 11:56 AM
    Here is the calculation I came up with USCIS processing of our I-485 applications.
    USCIS should allocate 140,000 applications in a fiscal year. So, in a month they need to process, at least, 140,000/ 12 = 11,667 applications.
    Assuming that they have, at least, 20 working days in a month, they need to process 11,667/ 20 = 584 applications.
    So, now the question is, how many employees does USCIS have and are dedicated to the I-485 processing? We don�t know the exact number. Considering that USCIS is getting lot of revenue, they should have, at least, 50 employees doing this work.
    So, 584/50 = 12(Approx) applications they need to process in a day, per person.
    So, do you think it is viable? Of course, it is�
    What they need to process the I-485 application? They are not doing any FBI names check, or background check (Assuming that everything is done by other organization). So, how long does it take to review the I-485 application? Well, when I filled the application, it took me about 1 hour. So, to review it, let�s us say, it takes about 1/2 the time fill the application; that�s about half an hour. Considering the calculation that we made, it takes an about 6 hours to process 12 candidates. With this assumption, they still have 2 hours left to do miscellaneous tasks. Now the question is what the heck they are doing all the time? Why did they process only 80,000 applications in about 8 months? Are they lazy? Don�t they have enough employees (This shouldn�t be; an average Indian consultant company will have at least 20 employees!!). This is really a mystery. Anyways, if the USCIS really and whole heartedly wants to process the applications, they can; but they really don�t care about immigrants or their plights. :rolleyes:

    The assumptions here are all the 50 guys are working only on EB cases no family and other cases, they are not doing any other data entry job like putting 450/ead/ap applications into system, they are not approving any of ead/ap cases. And they are working 8 hours daily. Looking at the general work environment around i bet the productive hrs in 8 hr work day is around 5/6 hrs. So keeping in mind these factors i feel the 80000 is okay number. They certainly need more staff. My 2 cents.




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  • rubinop
    04-15 12:39 PM
    No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.

    Dear st4rguitar, thank you very much for your answer. I appreciate it.
    So, bottom line, I am going to loose my application for the Labor Certification. He WILL decrease my salary, which, at this point, even though it matches the one I have in my H1-B, will determine the withdrawal of my application, and because my H1-B will expire in September 08, I will have 60 days (I think this is the timeframe) after the expiration to leave the USA. Am I correct st4rguitar? Thanks again and good luck to everybody! We REALLY need it!




    nirdlalegcade
    02-26 11:50 AM
    The above said is correct only if you have an approved AP with you.

    But I have only my H4 visa. I can go out of US with the H4 right?




    checklaw
    07-13 11:36 AM
    Checklaw,

    By Law, you must apply for an intended travel.

    However it has been routine practice to get AP renewed because if there is an emergency and on your return if your GC is approved AP is handy.

    I am July 2007 filer. I applied in 2007. Did not apply in 2008 (had a valid h1b visa stamped in Passport which expires in Sep 2009) and re applied in 2009. No Issues.

    Thanks
    Senthil

    Thanks for responding akilaakka. I have always understood the emergency part and urgent travel part for AP renewal. As renewing AP for family is pretty expensive, what am trying to understand is:

    Should one renew AP if there is no travel anticipated just to satisfy any legal mumbo jumbo?

    Your scenario appears to be different in the sense you indicated you still have a unexpired valid visa stamped in passport.

    Are AP extension gaps fine with respect to expired or no H1B visa.
    BR
    checklaw



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