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  • boston_gc
    01-26 04:07 PM
    I think it will be follish for any political party to not pay attention to Latino power. Mr. Obama won election with their support. For some reason, Latino group has not come forward so far to say that no CIR would mean no support to the party. I think if Latinos and all other interest groups come together, we may have a chance. Otherwise, I agree it is going tobe a while....:mad:

    The only way to get this CIR is to get full support of Get support of Senator McCain. If we get his support, atleast some republicans will support the bill and it can pass.





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  • belmontboy
    11-16 10:27 PM
    IV gurus Please help.

    My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
    Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.

    Is it true if a company laid of people it should wait 6 month before it files for labor again?
    Is there a way to avoid the waiting period.

    My friend is in 5 th year of his H1B

    Thanks

    Nope. That is not true. Either the company/lawyer is screwing your friend!

    You can avoid the waiting period by using "Notice and Consider".
    I had the same experience with FDBL lawyers, those guys were awful.
    Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.

    Hope this helps.





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  • Jaime
    09-14 02:30 PM
    bump





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  • justAnotherFile
    07-12 11:00 AM
    .. I think this is an excellent way to carry forward the Gandhigiri campaign.
    We should start a campaign, pick a few congressmen (may be from immigration subcomitee, judiciary comittee etc) and every member of IV should print out this pamphlet and hand sign, data, address and send it to these congressmen.

    We should also send a sample of the letter to news outlets.

    This will help keep this issue in the limelight. Any takers??



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  • rb_248
    11-17 02:27 PM
    My company is layingoff people. We have been through 5 rounds of layoffs. They have asked all the H1Bs to hold off until about 6 months after the final layoff is over. They have issued written memos to all my cols in H1B stating this reason. Truly unfortunate.





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  • TomPlate
    01-09 03:30 PM
    why i got red?????? I am saying it is going to be current.



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  • raysaikat
    06-20 08:59 PM
    [snip...]
    As long as you have the I-797 approval petition you are good.

    S/he has to have a valid I-94 to stay in the country legally. I-797 usually comes with an I-94. However, what the original poster said is that his/her I-94 is going to expire. I am interpreting the statement to mean that among the I-94's (one or more) s/he holds, the one with farthest validity is going to expire. If it does, s/he has to go out and get a new I-94 while re-entering. If s/he applies for some other status, and relevant I-797 comes with another I-94, then that's different. The bottom-line is, s/he has to have a valid I-94. It is irrelevant if the I-94 is given by the IO at the entry post or attached to an I-797.





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  • InTheMoment
    02-27 01:16 PM
    UnitedNations,

    While what you say is technically true the visa rejection thing is not always true. We had a I-130 done for our family by our realtive yearrrs back (20 or so). I mentioned it on my visa application very clearly, so did my brother when we came here on an F-1 a few years back in, no questions asked the visa stamped and given at the consulate in 2 hours.
    It's another thing that none of us used that I-130 ever.

    Leslie535,

    Just as others have suggested the issue ostensibly commands a lot of expert attention so go the attorney way and give your mind some peace.



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  • renupond
    10-15 11:38 AM
    If 1099 is not accepted by client & need FEIN (for corp-to-corp) then one can get a FEIN as sole priprietor. is there any additional requirements for this viz. liability insurance.. or anything else.
    please let me know if anyone did this to do independent contracting & not building a company (LLC,scorp..)
    would like to know more about FEIN & based on that independent contracting on EAD. Pros & Cons along with procedure as well..

    thanks





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  • sanju
    02-16 08:50 AM
    1.) The total pay in LCA is most likely for the entire year. If you worked for 6 months, simply divide the LCA per year pay by half and use that as a basis to decide. Since you said that your month-wise wage was higher than the LCA wage, I think you are in safe zone. Did you mean to say that you pay was less than the 1/2 (i.e. for 6 months) of the pay specified in LCA? Please clarify.

    2.) You can have an H1 with an employer, but not work with that employer. As long as you were on legal status, maybe on another employer and maintained your legal status, say you were 2nd H1 that was valid, it means your employer doesn't owe you anything as you were not working for him. It doesn't mean that there is any back wage, it just means that you still have valid H1 with him but did not work for him for a duration during which you were maintaining your legal status. As you your employer doesn't owe you back wages.

    And since you left your past employer (which could possibly be your future employer), its always good to document that you resigned. You can create a back dated resignation for yourself for your own records, and maybe give a copy of that to your employer. It will help your employer to cover him, and it will complete your records. That should do it for you.

    Hope this is helpful.



    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David



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  • balu_g
    01-06 08:07 AM
    Hi Mayra75, Yes this is a bad situation for immigrants. Hope it will be resolved in 2006. If you dont have any other option, you can look for a job in a University or a Non-profit organization which does not come under the cap.





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  • gcisadawg
    07-31 11:50 AM
    lol, but you have got to specify the exact date and time of your PD coz' the pace it moves at, ever second matters.

    They did mention in one of the other threads that it will touch 2003 for ROW so I do not see any light at the end of the tunnel for EB3 I folks.

    Just for fun, let me predict with all seriousness.

    On Oct 2009 Visa Bulletin: EB3-I Cutoff date Dec 15th 2000
    On Oct 2010 Visa Bulletin: EB3-I Cutoff date June 1st 2001

    I'm hoping to see a movement of atleast 6 months for EB3-I during Fiscal year 2010.



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  • gc_lover
    06-20 12:24 PM
    Hi gc_lover,
    Did u get this information from your attorney? My attorney has a different view and tells me we cannot proceed without the actual papers of certification from PBEC.
    Also can u check for me what is required if we do not have the certification papers from DOL(like a print out of CERTIFIED status from DOL website) to file
    for 140/485. I will try to pursue with my attorney if I get this info.

    Thanks.

    Case Details
    TR PBEC Priority Date : 03/2003 Stauts : CERTIFIED since last week
    Waiting for Certification docs. to file 140/485.


    Hello,

    I got this from immigration-law.com website

    =======================================


    06/05/2007: I-140 Petitions Ineligible for Premium Processing

    Under the regulation, the USCIS is authorized to suspend certain types of I-140 petitions for the premium processing on its website notice. As of now, the following I-140 petitions are not eligible for the premium processing:
    1. A second filing of a Form I-140 petition while an initial Form I-140 remains pending;
    2. Labor Certification substitution requests; and
    3. Duplicate Labor Certification requests (i.e., cases filed without an original labor certification from the Department of labor).
    It appears that the third category includes any I-140 petitions filed without the original labor certification regardless of whether they should obtain a duplicate labor certification from the DOL. It also appears that they refuse to process on the premium processing basis the I-140 petitions to request the priority date transfer unless the original labor certification application is filed with the request.


    ===============================================

    You can apply for 140/485 but you cannot go for premium processing. I also know a case who has done this. You do not need any extra documents to file without LC. My lawyer had confirmed this thing. However, I am planning to send print out of website and email I have from BEC.

    Yes, you can file without actual LC papers, so don't wait!





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  • supers789
    07-11 04:12 PM
    As most of you know USCIS is auditing all PERM applications filed by Fragomen. My application filed on April 20th 2008 also received audit (as filed by fragomen). I was wondering how long is it taking to get the response back for these audits? Anyone receilved response for their audits filed by Fragomen?

    This is mainly important for me since with PD moved to June 2006, my PD is current (carrying over from old employer), but since PERM is in Audit I cannot file for 485.

    Thanks!



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  • adGurkha
    01-17 12:28 PM
    Thank you for your response,
    I am thinking about using some agency like H&R block to get my taxes done becasue I am not familiar with the ITIN and all the other stuff related to filing Tax with H4 for the first time. The reason I was little heistant about this is sometimes these people who are filing the tax are not familiar with this process since they don't get that many cases like ours in which case they tend to make it more complicated than it is.





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  • mirage
    07-16 11:32 PM
    They are all liars. Everybody on the hill knows H1B pays all kind of taxes. It's not worth wasting time in correcting somebody who's not ignorent but telling lies, same is true with Lou Dubbs



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  • murali3000
    03-04 12:09 PM
    I do a short term stock trading with great profits , if you want I can share my stock picks , PM me.





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  • a_yaja
    06-18 12:34 PM
    babu123
    When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
    I was in a similar but totally different situation. I wanted to use the experience as a Grad. Assistant for my I-140 stage. The problem was, my professor was no longer with the University. My lawyer suggested that I obtain a letter from the professor on a plain paper and make sure that it is notarized. The letter had his address and cell phone number and "Formerly, Asst. Professor at xxx Iniv".

    There was no issue with the I-140 approval.





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  • Project_A
    05-16 08:17 AM
    May I know if H1 transfer has any affect on parent�s arrival during the transfer? I sponsored their visa using company A's employment letters and they have a valid visa. Do I need to get a letter from my new employer to avoid issues at POE? At the time of parent�s arrival, I would be working for company A, but by the time they return, I will be switching to company B and moving to a different city. My H1 transfer is already in process.





    perm2gc
    01-08 04:34 PM
    How did you guys manage to get H1's so recently from H4?

    Is there a way that H4 are exempt from the H1 quota?
    The H4 to H1 applied in 2006 quota is very slow.Some cases are getting approval even in jan(one of my friends wife got approval last week).

    No rule yet to exempt H4 from H1 quota.





    ramaonline
    07-27 02:10 PM
    You must first get into EAD status by filing form I9 with your employer. After that you can do a second job part-time or weekends / online etc using ur EAD. EAD allows open employment for your second job - not necessary to be the same as ur current full time job.

    H4 holders after getting EAD must apply for SSN. After getting SSN they can do any job full time or part time.



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