Thursday, June 30, 2011

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  • Blog Feeds
    03-26 08:30 AM
    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiR9UmVlb9bnXicrAkZUZZS08kA-1Mw6Hpm9x4uR0iFyErpuns_C9r4mG8c8mRQjM7Nfp9UVZP16zHMEgsRO8afcvNHbask4GY5P6NlDaT9Fi48epfvIy7WJx-LRFcu0HeryEYVqcAZWT95/s320/uscisLogo.gif (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiR9UmVlb9bnXicrAkZUZZS08kA-1Mw6Hpm9x4uR0iFyErpuns_C9r4mG8c8mRQjM7Nfp9UVZP16zHMEgsRO8afcvNHbask4GY5P6NlDaT9Fi48epfvIy7WJx-LRFcu0HeryEYVqcAZWT95/s1600/uscisLogo.gif)














    DHS has publicized initiatives to enhance the E-verify program here. (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=70beadd907c67210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD) The initiatives include:

    (1) a new agreement with the Department of Justice that will streamline the adjudication process in cases of E-Verify misuse and discrimination;
    (2) an informational telephone hotline for employees to provide a more timely, effective and seamless customer experience for workers seeking E-Verify information; and
    (3) new training videos focusing on E-Verify procedures and policies, employee rights and employer responsibilities in English and Spanish.


    The DHS's fact Sheet answers questions such as when and why E-Verify will share information with DOJ, what information it will share, what videos are available and where, how the employee hotline will work, what issues it will address, etc.


    For more information on E-Verify, see my prior blog posts here (http://martinvisalaw.blogspot.com/search/label/e-verify).



    https://blogger.googleusercontent.com/tracker/2893395975825897727-4975328970061257470?l=martinvisalaw.blogspot.com


    More... (http://martinvisalaw.blogspot.com/2010/03/dhs-plans-to-enhance-e-verify.html)




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  • sekharreddy
    07-18 10:14 PM
    Hi

    I am applying 485 for me and my wife.My wife got H1 in Oct 2006 but she didnt work until now So she dont have any paystubs.So my attroney suggested to do it on H4 but her H1 is to be collapsed for that she is planning to go canada (not for stamping)and come back so that her H 1 will be collapsed and H4 will be there.I came to know from my friends that canada people are not givng any I 94 for visitors who travle by road.If we request for I 94 they are asking to keep the same I 94 which we have in our respective document.I just want to know how to get the new I 94 for her?
    And also Please suggest If there is any way to apply for 485 without cancelling her H1.
    Thanks in advance




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  • martinvisalaw
    08-31 07:32 PM
    Hi company A applied for my H1 in april 1st week.
    they have got 2 rfe so far and now i am not interested in working with them(they also dont seem interested in replying to the 2nd rfe)
    Another company is interested in filing my h1b.
    what is the safest way to go about doing this.
    should i let company B know that i filed with company A before.
    Also will there be any problem in getting H1b approved because of my earlier filing


    There should not be a problem in getting the H-1B approved by Co. B, assuming you and the position meet all the H-1B requirements. Just because there was a prior petition filed for you should not have a negative impact. You need to let Co. B know about the earlier filing, because there are some questions on the I-129 that might require them to provide information about the first filing.




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  • BumbleBee
    03-31 10:05 AM
    From over an year, I have been working on EAD. Recently I resigned from my job, however I am still looking for a new job. I have a few questions related with EAD:

    Thanks.

    Yes, please fill out your profile to help IV.

    1. Even after leaving the company, is it legal for me to stay in the country and for how long?
    As long as I-485 is pending or approved.

    2. Can I look for any kind of job on EAD or there is any restrictions?
    Technically, Yes. But keep a job offer(in similar occupation as GC labor) in hand

    3. Is it possible that my former employer can cancel my EAD?
    No, employer has no say on EAD/AP/I-485. But the original employer can cancel I140 and that in turn would trigger I485/EAD/AP cancellation. Use AC21 to avoid getting denial.

    4. If I find a new job, do I have to use immigration lawyers of my former employer to help renew my EAD, travel document etc. from time to time or I can hire another immigration lawyer?
    You can use any immigration lawyer, or you can do it yourself. I have renewed my EAD/AP myself last 5 years.

    Hope that helps.



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  • speddi
    10-17 10:40 PM
    It is recommended to stay on H1 until 485 is approved.




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  • MD_123
    11-15 05:09 PM
    Does anyone know what email / letter(s) one should get when the GC is approved ?

    I received this email two days ago:

    On November 13, 2006, a welcome notice was mailed for this case. If 30 days have passed and you have not received this notice. Please call the National Customer Service Center at (800) 375-5283 during business hours.

    Does this constitute as a GC approval ?

    I read in other threads that a "card ordered" email follows the GC approval but I haven't received the email (nor the physical card yet).

    Does it normally take 1 or more weeks for the physical card to arrive after approval ?

    Thank you for any insight you can provide.



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  • poise2000
    08-29 07:56 PM
    Thanks a lot!




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  • sanjeev_2004
    02-14 05:55 AM
    VISA BULLETIN FOR MARCH 2007 is out http://travel.state.gov/visa/frvi/bulletin/bulletin_3143.html. No change in EB2.



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  • vicky123
    04-15 02:41 PM
    I am a resident physician on h1b visa which is expiring on 6-30-2010 . I am in process of applying for H1B extension for my fellowship. My wife is on H4 visa (expiring in 3-20-2013 since she got 5 yr multiple visa). Recently she visited Kuwait and on her re-entry she was given entry (on her I94) up to 3-15-2013 (up to 5 days prior to her visa expiration). Will she also need extension in this case along with my extension or can she stay in US till 2013 with out extension Thanks.




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  • FinalGC
    03-10 10:39 AM
    Sorry you cannot claim. You have been a resident of GA, so rent/meals/commutation/laundry cannot be claimed as deductions in Tax return. You never had a home in NY/NJ. You will surely be a RED flag for IRS. Dont do wrong things to get some money. State the truth and be satisfied of the tax return you get.

    However, you can surely ask your employer to give a part of your salary as expense reimbursement, which is legal.

    Trust me, you get more tax return here in US, than in India.



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  • Saralayar
    03-14 07:47 PM
    My 140 (filed concurrently with 485) was approved on Aug 17th. Ever since 08/17 I have been seeing LUD's on it everyday. In fact there was a LUP on 08/19 Sunday! Any ideas what's happening? I think something is going in CIS.

    I got a LUD on my November 2005 approved I 140 on 03/13/08. My I 485 reciept date is August 7th, 2007. I got all reciepts, EAD and FP notices. I am in EB3 category. Need to know why LUD on I 140. :confused:




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  • Dilemma
    10-22 05:42 PM
    Hello -

    I am in sort of big dilemma. My Background:
    - Single (not married)
    - Currently on H1-B valid until Dec 2011.
    - PD July 2007. Company A
    - I140 & AOS filed concurrently in Aug 2007. Approved I140 (June 2008) & AOS pending. EAD & AP since Dec 2007.

    I am currently working (full-time) for company A who started my GC process since last 3+ yrs. And lately I am realizing that my growth opportunity in terms of salary (more importantly) & career is very limited & been looking out lately. To an extent that I feel so frustrated that it has started to affect my social behavior.

    Recently, couple of other employers have shown interest in me which align completely with my future goals. But, the problem is the following:

    - they dont do H1-B & willing to hire me on EAD. Hopefully, AC21 should not be a problem as the prospective job will be in the same area.
    - I am currently single planning to get married in a year or so. I want my spouse to have an option to be my dependent ie H4.

    So, I have following questions to experts here which will help me decide what option to take:

    1) Shall I go ahead with new employer & start using EAD ?

    2) My GC doesn't seem to get approved for another year or so. Is it worthwhile to keep the option of my spouse being on H4 open & get myself frustrated & spoil my career in current company?

    3) Can I move to EAD -> H1-B later? Maybe once I move out of this company A & join company B on EAD either company B or some other company may be ready to file H1-B petition ? This is just to open up the option of my spouse get H4.

    Please advise.

    Thanks in advance...



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  • dealsnet
    05-02 04:50 PM
    You must get paid by your H1B employer. Middle or another middle is not valid on the face of the law. You cannot ask any one other than your employer for pay also. If you didn't get your salary, file a complaint agaist your employer with the labor department. Do not mention about any entity other than your employer. You have no right to interfare into company matters.

    Recently my employer written a mail saying that he is closing the company and said to look for new employer.Previously i am working through a middle layer.When i found new employer he directly approached main vendor regarding contract.Now i am working without middle layer.Mean while middle layer hold my 45 days pay .The middle layer is not willing to pay.It is almost 8 months.I worked more than 20 months through middle layer.Can i get my money back?The middle man Threatening saying there is contract which you cannot go and it is breach.Can you please advise.




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  • english_august
    09-23 11:35 PM
    That made me say "Well duh!" :o

    Thanks guys.



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  • walking_dude
    12-12 01:42 PM
    According to USCIS field manual for Adjudicators (IOs who approve 485), they should use DOL O*Net Codes, to determine same or similar, while approving. This code is mentioned in your LC.




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  • lacrossegc
    12-23 11:33 AM
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d78fc10011752110VgnVCM1000004718190aRCR D


    Our e-Filing System, Case Status Online, Change of Address Online and information about our processing times, field offices and civil surgeon locators are currently unavailable due to technical difficulties.

    They will be restored as soon as possible.

    We apologize for the inconvenience.



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  • senthil
    01-13 08:04 PM
    masala_dosa, this is my understanding. once you have applied for EAD, its your responsibility to keep it valid all the time, independent of if you are using the EAD or NOT. You have to appy for renewals before it expires etc. i dont know if it impacts the current gc process or not.

    two scenarios:

    If you are using EAD for your current job, and if you did not renew ( or alteast file for renew) before it expires you may notbe able to continue the job.

    If you are NOT using EAD, but have an EAD on hand you are supposed to keep it valid.

    once again - im not an attorney and all above were my understanding.
    why dont you talk to your attorney. he/she may have a simple answer for this.




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  • cs.0
    01-29 11:13 AM
    hi kumar,

    Thanks for your reply. If we visit India and come back to US, then should we use AP or H1B stamping? and also can you confirm whether we should work on 1099 or W2 when EAD is used for part time.




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  • ujjvalkoul
    07-06 09:14 PM
    Lookds like USCIS cannot conver 72 MOnths to 6 yeaRS....

    They just approved my I 140 today.




    REEF�
    05-30 01:28 PM
    The text is a bit hard to read, but I really like the rest of itOh comon you're just too lazy it's perfectly readable :sure:.




    jonty_11
    08-07 04:57 PM
    USCIS issues receipt numbers after the Armageddon!!!!!!!!!!!!!



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