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  • nirajnp
    06-02 05:25 PM
    Thanks Aranya..

    Reg. ques 2 - Let me rephrase it

    This is my wife's first H1B which is valid for 3 years ( started in Oct 2005 - Oct 2008). If she does COS to H4 now (June 2008) and if she plans to COS to H1 next year (Lets say March 2009), then will her new H1 application still be considered against the H1B cap (cos her first h1b must have expired in Oct 2008)?

    Where can I find the 2005/2006 Memo ?




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  • pritesh80
    02-06 09:10 AM
    URGENT HELP

    Its a simple case. I read all the posts on this thread but I dont think I got an answer I want. Here is my dilemma -

    Scenario: I currently work for Company A. I interviewed with Company B and they are ready to file for my H1b transfer but they need me to join within the next 3 weeks. Today is Feb 6th 2008.

    Question1) Is there anything like a H1Btransfer or is it a brand new application??

    Question2) Does this H1B transfer go through the 65,000 quota system?? Is there a chance my H1B transfer can be rejected because I did not make it in the 65,000?

    Question3) When can I start working for Company B?

    Question4) Company B said that I should only inform Company A after I get a receipt from USCIS about my H1B transfer. If Company A matches up the salary what Company B is offering me after I inform them and I still havent started working with Company B, can I stay with Company A? If yes, What about the H1B transfer application by Company B?

    Thanks in advance for your response.




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  • shimul99
    07-31 05:42 PM
    140 processing has got nothing to do with your country of origin. Country of origin is used for quotas in AOS/485

    In that i applied my I485 in July 2, 2007. AS i'm from bangladesh...when can i expect my AP, EAD and the I-485




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  • nixstor
    03-31 08:37 PM
    Hi Guys,
    As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.

    NO, this is not a joke.
    Regards,
    Glus

    Are you sure she is talking about EB immigration on Apr1st, the day when USCIS starts receiving H1B lotto applications? I will be surprised if networks are willing to talk NON H1B issues on APR 1st.



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  • beautifulMind
    04-22 02:38 PM
    so what do we do now..How can we get the accurate wage

    http://www.flcdatacenter.com/OesQuickResults.aspx?code=15-1034&area=45300&year=9&source=2


    if we go there the jobzone is NA and hence the salary cannot be accurately determined hence by rule just out level 1 wage

    O*Net� JobZone: NA




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  • sidpri
    08-13 03:25 PM
    My wife has recently converted her H4 to F1 by applying for COS through I-539. We are yet to receive the approval notice by mail, but we have confirmed online through USCIS that its been approved.
    The question is - at what date would she be deemed to be on F1, is it from the date of the F1 approval notice or is it the start date mentioned on I-20.

    What is normally seen as the start date? Can some one who is on F1 respond ?

    Thanks for your responses
    Sid



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  • singhsa3
    08-08 12:58 PM
    Folks,
    It is outrageous that NSC is not churning out any post April 2004 approvals for EB2-I. Is any one is taking any actions?
    What can be done?




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  • johnggberg
    08-12 10:38 AM
    dont worry about it, your good to go, i did it to back in 2002 i didnt had any problems. good luck



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  • drirshad
    07-09 07:40 PM
    Is Core team looking into the AILF plaintiff contacts

    Please do let us know, we don't wanna miss the boat ....




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  • Anders �stberg
    February 14th, 2004, 08:39 AM
    These swans swam past each other and I had just a split second to get the shot. I got too greedy and zoomed in too far... so it's just yet another "could-have-been-good"... :mad:

    http://www.interimlocation.com/fretnomore/photo/10d/pictures/largebirds/swans_2389.jpg



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  • number30
    10-10 06:00 PM
    As we all know, the entire north Karnataka and parts of coastal and Malnad regions are in the grip of one of the worst natural disasters the State has witnessed in a long time.

    The floods that followed torrential rains have brought unprecedented misery to lakhs of people in the form of destruction to housing, properties, crop loss and deaths.

    The State has suffered huge losses with massive infrsatructure damage.Rescue, relief and rehabilitation operations for the affected people are a gigantic task and it will take weeks, if not months. In this hour of human tragedy, we can do our bit to support hapless people as governments efforts alone are not adequate.

    People are suffering with no food, no power, no drinking water and no basic amenities. Your generous donations would be utilized to safeguard lives, put their lives back together and provide rehabilitation.

    Let us all put our hearts together and take the initiative to send a generous donation today. We cannot do it alone but together we can make a difference. Even a small contribution by each, makes a big amount as we all know - "Hani Hani Koodidre Halla".

    Please follow instructions below to open your heart and purse to support our own people suffering to get their lives back on track

    Where and how to send money:

    Donations will be accepted by CHECK or Credit Card.


    Please help us by sending your donations Payable to �AKKA Flood Relief Fund� and mail to the following address:

    AKKA Flood Relief Fund

    228 Granville circle
    Egg harbor township, NJ 08234

    To pay by credit card, please Visit AKKA Sahayavaani (http://www.akkaonline.org/floodrelief) <http://www.akkaonline.org/floodrelief>

    Please indicate if you do not want your name to be published in the list of Donors on the website.
    2. Is my donation Tax-deductible?
    Yes. All monetary contributions are tax deductible. AKKA is a not for Profit Cultural Organization with 501 (C) (3 <http://www.akkaonline.org/documents/AKKA-501C3.pdf> ) Status Tax ID: 59-352-7607. Contributions above $100 will receive an acknowledgement letter.
    3. First preference is cash donations. All money collected will be deposited in a separate account, audited and closed.
    4. Bank account is being setup. We will provide details for wire transfer.
    5. Where will my donation go?
    AKKA will ensure full amount is being used for Flood relief efforts. Details of distribution are being worked out and will be updated on the website.




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  • sgupta33
    08-28 05:12 PM
    Hello,

    The dept. of labor uses two types of codes, one of which is the SOC code. Yours may be a SOC code (Standard Occupational Classification) or the other one (name I can't remember). If you look at Murthy.com and search for articles on AC21, you'll find information on the two types of codes the DOL uses. The go to the DOL website and do a search for the two types of occupational codes and see which classification system your code matches. Once you access the classification, just look for your number and it should give you a brief description. I did this for my code.



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  • Silviavp
    05-21 10:10 PM
    Thank you for your prompt replay. It helped me a lot. Since it is my first time applying for H1 I'm really lost.

    I have one more question. Do you know where I can check the deadlines for the H-1. I heard this year the H-1 would be filled by the end of june and I'm scared I didn't find an employer yet to sponsorship me.

    Thank you again for your help.

    Silvia




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  • gc_in_30_yrs
    09-16 08:11 AM
    funny still interesting.

    in order to reduce the crime rate, they should prolong the GC process!



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  • ch102
    02-22 08:43 AM
    Over 500 Indian guest workers sue US company for human trafficking - The Times of India (http://timesofindia.indiatimes.com/nri/news/Over-500-Indian-guest-workers-sue-US-company-for-human-trafficking/articleshow/7548222.cms)

    HOUSTON: Lawyers for a group of Indian guest workers, trafficked to the US from India to work in shipyards after Hurricane Katrina in 2005, have sued an American company, Signal International, along with its co-conspirators and other entities for human trafficking and racketeering.

    If class status is granted, the lawsuit could be the largest human trafficking case in US history, the American Civil Liberties Union (ACLU) has said in a statement.

    Workers were allegedly lured here with dishonest assurances of becoming lawful permanent US residents, the statement said.

    The ACLU joined a class action lawsuit brought on behalf of over 500 guest workers from India charging that the workers were trafficked into the US through the federal government's H-2B guest worker programme with dishonest assurances of becoming lawful permanent US residents and subjected to squalid living conditions, fraudulent payment practises, and threats of serious harm upon their arrival.

    The complaint alleges that recruiting agents hired by the marine industry company Signal International held the guest workers' passports and visas, coerced them into paying extraordinary fees for recruitment, immigration processing and travel, and threatened the workers with serious legal and physical harm if they did not work under the Signal-restricted guest worker visa.

    The complaint also alleges that once in the US, the men were required to live in Signal's guarded, over crowded labour camps, subjected to psychological abuse and defrauded out of adequate payment for their work.

    The ACLU charges that the federal government has fallen short of its responsibility to protect the rights of guest workers in this country.

    According to the lawsuit, the treatment of the workers violates the Victims of Trafficking and Violence Protection Act (TVPA) and the Racketeer Influenced and Corrupt Organisations Act (RICO).

    In addition to the federal court litigation, in partnership with the ACLU, the workers have testified before the UN special rapporteur on the human rights of migrants, the UN special rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and senior staff at the UN Office of the High Commissioner for Human Rights.

    Signal, a marine and fabrication company with shipyards in Mississippi, Texas and Alabama, is a subcontractor for several major multinational companies.




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  • Canuck
    05-04 09:05 PM
    I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.

    However:
    1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?

    2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?

    Thanks.



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  • Blog Feeds
    12-19 01:00 PM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    Jon and Kate Plus 8, the once-popular TLC reality program about the Gosselin family, their twins and their sextuplets is kaput. But that's old news. Today, the Gosselins officially closed the chapter on their 10 year marriage with the announcement their divorce becoming final.

    Divorce is always difficult. Kate says she looks forward to her future. No word from Jon...yet. For the Gosselins, they can and should move on.

    But what if Jon or Kate were immigrants? What if Jon or Kate faced deportation because their marriage failed? If Jon or Kate had been granted a greencard based on their marriage, what would happen to them once their marriage ended?

    This is an immigration concept called conditional residency. We represent many individuals who apply for permanent residency through their marriage to a US citizen. These are usually great cases because we are helping happy new couples stay together, and "move forward" in their lives. But what happens if the happy couple separates or divorces? In the worst scenario, USCIS will revoke or terminate the foreign spouse's conditional residency, leaving the spouse vulnerable to deportation proceedings, standing alone and at best, with competent immigration counsel at his/her side.

    In revoking conditional residency and initiating deportation proceedings, USCIS looks into the nitty gritty details of what happened in that marriage, was the marriage entered into for the immigration benefit rather than purely for love? Who's fault was it that the marriage ended? And could you (the foreign national) prove it? Imagine the reality show going behind the scenes to investigate, whether it was Kate's nagging that led to the failure of the marriage, or whether Jon's alleged affairs were the actual cause of the breakup and divorce. And would you feel comfortable knowing that USCIS is your final arbiter? If you married, got conditional residency and are now in divorce proceedings or separated from your spouse, think about calling Fong & Chun, LLP for a free consultation. ---ecf





    More... (http://www.immigrationvisaattorneyblog.com/2009/12/jon-and-kate-divorce-is-final.html)




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  • Blog Feeds
    07-23 11:40 AM
    U.S. Department of Labor has implemented a new integrated online system � known as the iCert Portal � through which employers can submit applications for permanent labor certification, labor condition applications (LCAs) and other applications for immigration-related DOL programs. In addition, the agency will introduce new editions of Form ETA-9089, the PERM labor certification application, and have already introduced Form ETA-9035, the labor condition application. iCert has already replaced the method of LCA filing for H-1B. The new iCert system begins to accept LCAs as of July 1, 2009. Employer and attorneys as the case may be, can still use the old LCA account but cannot submit new LCA. New LCA has to be filed from iCert.

    Following are the new changes which has taken place:
    - The new LCA requires writing the SOC (ONET/OES) code and the occupation title for the job.
    - The new LCA has a section for basis for the visa classification supported by the application. There are the following categories:
    a. New employment;
    b. Continuation of previously approved employment without change with the same employer;
    c. Change in previously approved employment;
    d. New concurrent employment;
    e. Change of employer;
    f. Amended petition.
    - One has to indicate the total number of H-1B/H-1B1 (http://www.h1b.biz/lawyer-attorney-1137085.html) non-immigrant workers.
    - The new LCA also requires, in the employer information section, to indicate the Trade name/doing business as (DBA), if applicable, the old LCA does not have this requirement.
    - In the new LCA, one is required to write NAICS code.
    - There is a new section in the new LCA - Employer point of contact information, which requires to indicate the following: full contact�s name; contact�s job; contact�s address; contact�s telephone number; contact�s e-mail address.




    More... (http://www.visalawyerblog.com/2009/07/icert_portal_for_lca_filing.html)




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  • pappu
    05-23 08:16 PM
    Such half quotes cause more damage than do anything good for us. Maybe they picked up a few sentences rather than displaying the full context. I have not seen the full message. Looking at the quote and paragraph about 'Competing in the 21st Century Economy ' it seems like this argument is for more H1B visas and STEM exemption of H1B visas from its annual 65K quota.
    Such messaging actually hurts us. Unless there is mention of 'Greencard' and 'backlog' such general statements would mean H1B to many.




    number30
    06-09 06:45 AM
    My question is regarding Citizenship. My mother married my step father in the year 2000. They have 2 children one is 7 the other is 9. My mother did not adjust her status right after they married. she waited a few years. She received her green card on November of 2006. "the one that renews every 10 years. This year she separated him because she cheated on her. They are not legally separated or anything like that. She wants to become a US Citizen but we think it might be a problem since this year they did not file taxes together. When she did her taxes she checked the box that says shes filing married but separately. He does not want the divorce but she does. I told her she should hold of on any divorce and see about getting her citizenship first. What complications can she have since this year they did not file jointly. I appreciate your time and any input
    No she should not have any problems since she has 10 year validity green card(One with Condition removed). IF the citizenship is applied after three years green card they will check the validity of the marriage. Usually if you apply citizenship after 5 years there are will not be questions about marriage. if you have the issues apply 2011




    raysaikat
    07-26 03:50 AM
    Has anyone requested premium processing of I-140 based on expiry of the sixth year of H1B. My 6th year H1B expires next month and I think I am eligible for premium processing.

    You are eligible only if there is *no* other way of extending your H1-B. If your labor certificate is more than 1 year old, then you are not eligible. In that case you can get 1 year extension based on the LC.



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