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jcrajput

10-16 04:20 PM

Thanks so much for your reply. I think it will always a good idea to keep USCIS inform about your working condition since this is 'Employment based' case.
For AC21 I think I will need to match following:

1. New employment letter which should describe duties which 'must' be same or similar to what was mentioned in my labor certificate.

2. Start date/salary/position title

3. Any Benefits if provided.

Do I need any document from sposerer employer? Do I need anything else?
Thank you and I appriciate your help.

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vandanaverdia

10-28 05:03 PM

bump

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greyhair

09-24 09:14 AM

Live: House Immigration sub-committee hearing on C-Span

C-SPAN3 Live Stream - C-SPAN (http://www.c-span.org/Watch/C-SPAN3.aspx)

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ashkam

09-14 07:42 AM

I watched Schindler's list and I don't know, I feel the Jews had it a bit worse than the "highly skilled immigrant" community. You know, what with the gas chambers and millions executed and what not.

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azure

03-20 12:34 PM

Not sure....but here is a related link.

http://domenici.senate.gov/news/record.cfm?id=251739

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Legal_In_A_Limbo

01-14 05:55 PM

What does the employment contract between your husband and his employer say? This document will be the key to what your husband can or can't do.

The problem is the employement letter does not says anything. We will be looking into the handbook of the company, to see what it says.

Thanks.

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helpful_leo

02-03 12:50 AM

What is the process of suggesting amendments to bills under consideration to lawmakers, e.g. the amendments to PACE suggested in my previous post- can I call/e-mail/fax all sponsors/lawmakers or can I only contact specific lawmakers (those of my area)? Any suggestions will be welcome!

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wandmaker

11-06 11:39 AM

Hi All,

Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.

1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.

2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?

3. How long I can continue with future employment in the GC process?

4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?

5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.

All the best!!!

-
Regards
Ajaykumar

#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.

#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.

#4 - As long is your labor is pending, you can extend your H1B by 1 year until it is approved or declined.

#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.

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dreamgc_real

01-06 09:30 AM

CIR is impossible with the current Congress, any legislator thinking it is a possibility is only misleading!

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abdulazeez77

08-14 04:16 AM

Hello All,

One of my friends mentioned that there is a possibility that I-94 card could be stamped with the date on my current visa stamp at the port of entry. This would invalidate my wife's transfer since the new transferred visa is valid until 2009 whereas my stamping with my old employer is valid only until Dec 2007. In order to avoid this, should my wife submit her passport as well as the I-797 and I-539 from my current employer and ask the officer to stamp the new dates on the I-94? Please advise.

Regards,
Azeez

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sravani

05-07 05:44 PM

I lost my passport too and panicked too much. It took a month to get the duplicate passport, you need to provide the police complaint details while applying to the duplicate passport.

I found my lost passport later :rolleyes:

Assume you have a photo copy of your wife's passport. It's very important to provide this while applying for the duplicate passport.

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bskrishna

02-11 10:54 AM

The 800K pending 485s include people who have filed multiple 485s.
Cases like
1) Spouses filing thier own as well as dependant.
2) More then one primary filing.

So i guess there are about 100K duplicate and invalid applications.

In a way our community contributes to our own downfall...

Processing will also be delayed by people filing unnecessary Service requests for FP & AP etc., even when there is no use in near term just to be on par with everyone else.

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mrindia

02-23 04:16 PM

I am in the same boat. i applied recently in Jan 09. God bless America with more jobs.

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lskreddy

01-12 11:16 AM

Kiran,

My wife and I plan to go to Delhi in the first week of Feb, have not booked the actually appointment yet but plan to. Couple of questions.

Was the calendar fairly open in Delhi for you to book appointments? Can you suggest a hotel that you stayed in and liked, etc..?

Thanks.

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zulo1715

10-20 04:34 PM

Hello,

I got my I-485 approval today, but my situation is a little complicated. I'm gonna explain that to you, and I appreciate your comments and thoughts.

My I-140 got approved two months ago, but the sad part is that I lost my job the day after I got my I-140 approval. My employer told me that it was because of the lack of projects, and I'd be back as soon as they got a new project (I don't think that happens soon; actually, I'm not counting on that). I was also told that they would not cancel my GC application (i.e. they won't revoke my I-140), and they would help me even if an RFE was raised to ask for an employment letter. Fortunately enough looks like I've not been out of status since I lost my job (I already filed my I-485 and got the approval for I-140 when I lost my job).

OK! here's what I'm worried about. My lawyer told me that as soon as I get my green card, I'm all set. He told me so when I asked him what would happen if I just wait for my GC approval and not to work for any other employer before then. I even have my EAD, but I decided not to go for another employer to make sure that I'm not raising a flag before getting my GC (that would be fine if I passed more than 180 days after my I-485 approval with an approved I-140). I know that some guys here say it's better (or even it's needed) to work for the company who sponsored your GC 6 months to one year after getting green card in order not to have an issue when applying for citizenship, but the thing is that my company doesn't have any project right now.

- Is there anything I can do to make sure that I'll be safe and sound in the future? What do I need to do now to make sure that my citizenship process in futute is OK?

- Is there anything that the sponsoring company can do regarding this; I mean help me out?

- Can I work for another employer now that I have my GC in hand?

Thank you,

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WillIBLucky

06-20 08:48 AM

Just call your local AAA office and they will tell you everything.. Mostly they take photo in main local office.

If you are plus member you get free 8 photos. I guess for regular member you will 6.
Do they also take digital pics? I have already got photos taken from CVS...and they said its passport pics.......do I still need to take from AAA?

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kerstbrd

02-22 06:17 PM

I went to REC (one of the top 20 schools in India) did my Mastrs in Full scholarship and have International papers for IEEE + Few Algorithms that have been presented at Int. Conferences,( I could not attend the conf. in Paris since I did not want to go and get stamped and go through all the hassel- Go figure). I am an Ideal candidate for EB1 but my lawyer said there is a 50/50 chance for further enquiry and it will only delay the process.

I know, I know but trust me, I was a University topper in Probablity and AI theories and I decided to chicken-out.
Not because I am afraid of enquiries, I just dont want to raise any flags. I want to keep working, Hopefully get my GC within few* years and then prove myself .
I applied under EB2 only because I don't want any enquiries and I know these POS lawyers will only delay the RFE's.

Anyway, I was just frustated, sorry about this rage but just needed an outlet.

People will only file under EB1 when A) They are not from India/China and They are not afraid to go and face any flags.
& /OR B) They have good lawyer, who is very much prudent and willing to take chances.

Any other theories and welcome

*CONDITIONS APPLY LOL

my friend, you've been played. EB1 requires no labor cert. Your lawyer convinced you to "chicken out" & wait a couple of years longer in the queue. Thereby paying him fees to help you do labor certs and multiple H1/EAD/AP renewals.

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rameshvaid

04-09 04:30 PM

I came to Montreal for H1/H4 stamping for my wife and two sons. My interview date was 3/18 and they told me it will take abt. 10 days and now its almost over 20 days and no news from them. I am EB3-PD 8/03-I-140/EAD Approved. FP also done. Can you pls. let me know if they asked you any questions or you had any comunication with them after your interview? In my case they kept all our passports, Originals of our H1/H4/EAD approvals/Letter from the employer also.

I had also done the stamping from Toronto in 2005 without any problem. Is this a PIMS related issue?

ramesh

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PHANI_TAVVALA

02-26 02:14 PM

Ok...you are slow...I mean, really slow. I do'nt communicate with this level, so dont bother replying.

It is the other way around Ma'm- who does not understand what cancel means- Thanks for putting it in the right perspective though:D

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sku

02-25 01:53 PM

This is the News Letter That I got from my attorney.
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TARP Restricts H-1B Hiring for Funds Recipients

The Troubled Assets Relief Program (TARP) recently signed into law by President Obama places strict limits on recipients of funds or certain Federal Reserve loans that want to hire high-skilled workers under the H-1B visa program for a period of two years. TARP fund recipients include certain financial institutions as well as infrastructure, energy, and automobile companies. The bill subjects recipients of TARP funds to the same rules that an "H-1B dependent" employer must follow when it sponsors a new H-1B worker. (An H-1B dependent employer is one that has 15% or more H-1B workers in the employer's total full-time workforce.) These rules include:


� The employer cannot displace any similarly-employed U.S. worker with an H-1B worker within 90 days before or after applying for H-1B status for a new employee.


� The employer cannot place any H-1B worker at an outside worksite unless that employer first makes a "bona fide" inquiry as to whether the other employer has displaced or will displace a U.S. worker within 90 days before or after the placement of the H-1B worker.


� The employer has to take good faith steps to recruit U.S. workers for the job opening, at wages at least equal to those offered to the H-1B worker. The employer must offer the job to any U.S. worker who applies and is equally or better qualified than the H-1B worker.


TARP contains provisions that may effectively limit recipients of TARP funds and Federal Reserve loans from sponsoring new H-1B workers. While H-1B dependency rules do not normally apply to H-1B workers earning at least $60,000 annually or possessing a Master's degree, these exemptions are not available to the TARP/Federal Reserve loan recipients.


The exact language of the bill states that the above requirements apply to "new employees" sponsored for H-1B status. While additional guidance may be issued from the Department of Labor, the plain language of the bill suggests that a company filing an H-1B petition on behalf of a current employee who is working with the company under F-1 Optional Practical Training, TN status, or some other work visa, should not be subject to the "H-1B dependent" rules. Similarly, the additional restrictions should not apply to petitions for extension of H-1B status for a current employee. However, an employer filing an H-1B change of employer petition for a new employee likely would be subject to these requirements.


The House-Senate Conference Committee removed a provision from the stimulus proposal that would have required recipients of TARP funds to enroll and participate in the E-Verify online employment eligibility verification program, as well as a provision that would have renewed the currently voluntary E-Verify program for an additional five years. E-Verify is currently set to expire in March 2009.

Effective Date of New Form I-9 Delayed Until April 3, 2009

The Department of Homeland Security (DHS) is extending the effective date of its new Form I-9 from February 2, 2009 to April 3, 2009. The new Form I-9 updates the list of documents acceptable for employment eligibility verification. The temporary extension will provide DHS with an opportunity for further consideration of this rule. DHS also is extending the comment period for this rule for 30 days.

Rising Unemployment May Affect PERM Processing

In a recent meeting between the Department of Labor (DOL) and representatives of the American Immigration Lawyers Association, DOL stated that rising unemployment may affect the processing of certain PERM labor certification applications. DOL is trying to integrate labor market information from various sources, such as WARN Act notices, to determine the availability of U.S. workers in areas affected by significant layoffs. DOL cited the position of Financial Analyst located in New York City as an example of a particular occupation and location where there might be qualified U.S. workers available due to recent financial industry layoffs. DOL may require employers sponsoring PERM applications for such positions to undergo "supervised recruitment" in cases where the available data indicates that there may be available U.S. workers.

Supervised recruitment is a variation of the standard PERM procedure by which applicants for a position that is the subject of a PERM application submit their resumes directly to the DOL for initial review by DOL staff. The DOL forwards to employers the resumes of applicants that it deems qualified for the position. Employers are required to interview the applicants forwarded by DOL to determine whether the applicants are in fact qualified. To date, when DOL has issued supervised recruitment notices, more than half the cases have been withdrawn by the employer.


E-Verify Start Date for Federal Contractors Extended

U.S. Citizenship and Immigration Services (USCIS) announced that Federal contractors and subcontractors can delay implementation of the use of the Department of Homeland Security's ("DHS") E-Verify system. E-Verify is a government run on-line system that combines DHS data with records from the Social Security Administration to determine whether a new hire is eligible to work in the U.S. The final rule was to have become effective on January 15, 2009, but now will not take effect until May 21, 2009. Once effective, E-Verify will become mandatory for federal contractors with projects exceeding $100,000 and for sub-contractors with projects exceeding $3,000. Contracts for less than $100,000 or for commercially available off-the-shelf items are exempt from this rule. Once E-Verify becomes effective on May 21, 2009, companies awarded a contract with the federal government will be required to enroll in E-Verify within 30 days of the contract award date. They will also need to begin using the E-Verify system to confirm that all of their new hires and their employees directly working on federal contracts are authorized to legally work in the United States

US VISIT Expanded to Include Lawful Permanent Residents

The Department of Homeland Security (DHS) recently published a rule expanding the population of foreign nationals subject to the United States Visitor and Immigrant Status Indicator Technology Program ("US-VISIT") to include U.S. permanent residents. US-VISIT will apply to all permanent residents entering or exiting from an air or seaport. Permanent residents entering through land ports of entry, however, will be required to provide fingerprints only if they are referred to secondary inspection.


Under US-VISIT, foreign nationals entering the United States provide "biometrics" (fingerprints scan and digital photograph) when passing through U.S. immigration. The biometric information collected upon entry is compared to the information collected at the time that the foreign national was originally issued a visa or Permanent Resident Card ("Green Card"). The biometric information is also compared to a criminal records database to confirm that a person is admissible to the United States. Permanent residents with criminal convictions traveling outside of the U.S. should be reminded that they are likely to be detected at entry and they should be prepared to present evidence regarding their admissibility.

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ss1026

11-04 09:14 AM

I am planning a trip to India in late december. I went to the Hyderabad consulate website to see if I can get a appointment for my H-1B renewal for Dec/Jan09. I have read that the consulate would be functional in December but they have no system yet for taking appointments. I guess one more trip to Chennai! For this trip, I will enjoy the new Shamshabad airport.

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