Sunday, June 12, 2011

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  • akhilmahajan
    09-14 03:56 PM
    Hi All,

    I think a lof people have the LUD is 08/05/07 for 140 filed in TSC..and everyone takes their guesses. Please post if u r LUD for 140 is 08/05/2007 ;

    Any idea what we are trying to achieve here?

    If you guys thing i am dumb, you are more then welcome to think that, but i am still confused about the thread.




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  • AK01
    02-13 12:38 AM
    No, experience from current company does not count.


    That is not true. It CAN count... according to PERM guidelines (from murthy.com):

    "On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."

    So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.

    Also see this:

    http://www.simmonsungar.com/rirchecklist.html

    "Experience Gained on the Job

    PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�

    Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."




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  • loudoggs
    11-29 06:36 PM
    In my opinion, honesty is the best policy. This was 6 years ago and if you have a clean record ever since, you should be ok (according to me). You committed a mistake, admitted it and learned from it.

    On the other hand, if you do not declare the conviction and they find out somehow, then that is a certain denial.

    You have to make the choice. Good luck.

    I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.

    However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?

    It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.

    Any advice would be greatly appreciated.




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  • needhelp!
    11-12 06:06 PM
    You were already added on Friday! We need one more.
    But.. You'll get your Tshirt at the meet on Dec 8th

    I change my membership from GA to TX. Where is my T-shirt?



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  • geesee
    07-17 07:28 PM
    IV Core Team - You have done a great job... No doubt about it.. I already said my sincere thanks to you guys in earlier post and would say it again - Thank You !!!!

    BUT GUYS, dont you think we should thank USCIS Director Emilio Gonzalez as well for honoring original July visa bulletin?

    His comments from the bulletin sounds so honest


    �The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�

    Everone is busy to appreciate work done by IV Core team, Zoe Lofgren, media and all IV team members.. But we are forgetting the man who signed off on the visa bulletin... without it, we wouldn't be celebrating...

    Whatever happened on 07/02, it happened. I dont want to get into details of "why" the flipflop happened... But I sincerely thank Emilio Gonzalez for giving us the opportunity to file for I-485 with the old fee structure. Thank you, Sir.




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  • ameryki
    04-13 08:44 PM
    saloni,
    something this big will effect your status. Once you form an LLC or something on those lines using your EAD it is my understanding that you will lose your H1 status. This is just from what I have understood from reading around here. You might want to consult a lawyer. Also you might look at posting this in a different section.



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  • waiting4gc
    06-29 01:59 PM
    You must have used your OPT card to work for some company. Ask them to give it to you. They SHOULD have it in their records. If that doesnt work, try talking to the international students office of your school to find out if they have a copy and can send you one.

    I asked this before but did not get any answer. Trying my luck again. I lost my OPT card and unfortunately have no records what so ever of it.
    Is there a way I can get a copy of this from USCIS?




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  • makemygc
    10-20 07:47 AM
    I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
    I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
    You don't need to restamp as long as your stamped visa on the passport is valid. I've done it myself and just carried the employment letter and tha fat H1 transfer package with me..No issues. While entering back into US, they just asked me about the H1 transfer approval letter and that package. Only think you need to make sure that when you are coming back, your H1 should be valid, no matter which company is it from.



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  • stxvr
    07-09 10:46 AM
    Means if we ask for AC21 then they ask for this kind of details? Also What is the Probability they ask for these details. Now I have 2 more questions:

    1. if you are on H1 extension then you get new LCA at the time of H1 extension. If your current location and job are same as specified in the h1 extension LCA. (If you were working at wrong location at the time of first H1 but during the H1B extension you are working at the location specified in the LCA. Now how much is the possibility that they ask for the details for LCA Of the first H1B. Or tey look into only latest LCA).


    2. One more question: If your LCA shows the city name LA but you are actually not specific in LA city but you are in LA county then is that location considered to be correct OR this is still violation?




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  • rick_rajvanshi
    09-12 01:44 AM
    Hi Friends,

    Please read the below query and post any information you have. Thanks in advance for your help !

    I have an appointment for H1 VISA re-stamping in Toronto, Canada in 2nd week of October

    My current H1 VISA is valid until Nov 2006.

    I am planning to get restmped based on my new H1 petition valid until Sep 2008.

    The problem here is that my passport is valid only until Dec 2007.

    In this case Can I get the new VISA stamped until Sep 2008?
    On the website it says that "To be eligible for a VISA, you passport must be valid for at least 6 months past intended stay in the United States"

    Please post your valuable replies.

    Regards,
    Krishna.


    Yes you should get the Visa till 2008 - once passport is near expiry - get it renewed from indian consulate and later tag both passports together.



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  • ujjvalkoul
    01-30 05:50 PM
    How does this effect anyone applying for DL..
    http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/08-140.htm

    Are we going to get temporary DLs from now on?

    Can someone confirm? I know IV is following up with MI state Attorney Generals office, but from reading the ruling the validity of the license is not clear.




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  • capriol
    04-14 06:46 PM
    Dear Friends:
    I also have a similar question on traveling abroad for 4 weeks with my 485 pending.
    As you all know that when we applied our 485 AOS (EB-based) we had to also submit the copy of our latest 1-94 card (which I did). Now that I am leaving the US, I will be handing over the original 1-94 at the port of exit (a copy of which was submitted with the 485 application). Then when returing, I will be receiving another new 1-94. So my questions:

    (a) Will I have to re-send the INS another copy of my new 1-94 when I return to the US (b) also might surrendering the old 1-94 and getting new one confuse my 485 records with the INS (c) Finally, do any of you know of anyone who with 485 pending, a valid H1B visa, and no Advanced Parole has had any problems returning back to the US?

    Please advise, and that would be so appreciated. Regards.



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  • newuser
    04-05 11:59 AM
    Closed on Mar 26th with Wells Fargo with a 5% down payment conventional loan.

    The monthly PMI was jacked up $55 during closing by my lender. Other than that no issues.




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  • reachinus
    08-07 10:03 AM
    Really a very good one. I may be one of the infected person as well. Thanks for the post.



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  • rb_248
    09-10 09:06 AM
    Category India Most Other Countries

    E1 Current Current
    E2 1 April 2003 Current
    E3 1 July 2001 1 January 2005




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  • jgh_res
    07-17 05:55 PM
    Everyone make sure to send a check to IV while mailing documents of 485 to USCIS. If you forget IV now, you will come running back to IV after a couple of years while your 485 sits at USCIS and keeps hatching eggs.



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  • abheja
    12-21 11:57 AM
    I am not sure if there is a way for you or your attorney to verify. You should ask your attorney and if it is possible, please verify.

    I got stuck in Canada for a week because the PIMS was not up-to-date. Luckily it took only a week but I have heard stories people getting stuck for a couple of weeks. If you are not in the PIMS, the consulate contacts the KCC and they have to research and update the PIMS. Do a find on PIMS and you'll hear a lot of stories.

    Goodluck!




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  • bsbawa10
    09-06 08:57 AM
    I am starting this thread to collect examples of inefficiencies and inconstencies of USCIS . Also examples of hiding data by USCIS.

    Whenever you give example of your experience if possible add:
    1. Dates
    2. Details of what happened
    3. Action that you took and reaction by USCIS.

    Some of the examples that I have seen on this forum are 1. Wrong photograph on AP 2. Totally different answers from customer service 3. Internal memo in USCIS not made public about holding visas for EB2 India etc.




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  • saddaypally
    09-30 10:34 PM
    Hi All, I am on my H1B on the verge of my 5th year's expiration, in 3 weeks. My Labor was applied with Jan 2008 priority date and my Fragomen Attorney mentioned that as long as the labor was applied before the 5th year on H1B, I should be able to get 1 year extensions until my Labor gets approved. The issue is what happens if my Labor application gets screwed for some reason? I wouldn't be able to get extensions on H1B andhave to return home. To alleviate that situation, I was wondering if I could apply for another Labor through a 3rd party company as a future employee and depend on it if anything goes wrong with my Labor which is awaiting approval. I just heard from a consulting company that a clause has been added to the rule which permits companies to apply for Labor for candidates on a future employment basis and this would prevent them from applying for such cases. Is it true? I want to know my options to make necessary preperations in either case. Any insight on this issue would be very much helpful and appreciated.

    Thanks,
    Shravan




    dressking
    10-13 12:18 PM
    Thanks sammy - I know it is difficult for u with kid etc... but thanks for helping us out.

    We have more people, it is a matter of time. Lets keep mobilizing

    Mark is from LI. I wonder why he does not show up any more. Has he quit IV?




    WeldonSprings
    05-01 09:22 PM
    Hi,

    When did you apply the card. Was it NSC or TSC and did you e-file.

    Thanks.

    They are just mistaking his EAD card for PR card. My EAD was approved on April 27 and the status says
    "Card production ordered/Oath Document sent".

    It is just misleadig for a lot of people they can misread it as the PR card.