Monday, June 13, 2011

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  • psczd4
    08-10 01:20 AM
    how about applying for a tourist visa for that time period?





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  • sukhwinderd
    03-07 09:57 AM
    out of the country indefinitely and then come back lets say after 10 yrs?





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  • gcwanted101
    09-01 03:40 PM
    Looks like there are mail and fax options.
    Did you indicate whether you need it in a CD instead of paper copy?
    Also for the labor copy, should the request be sent to USCIS or DOL?
    Hey lj_rr

    "Also for the labor copy, should the request be sent to USCIS or DOL?"

    For Labor : you have to send request to DOL.
    For 140 : you have to send request to USCIS.





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  • ras
    01-18 02:48 PM
    Why not other chapter follow this kind of a small event to bump up the letter numbers???



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  • naturopathicpt
    06-29 04:53 PM
    Hi Atty. Ruben, your response has been really helpful and it does makes sense that it would be below the minimum salary required by the LCA. Is there any PDF or citation where I can print out for my records stating this law?

    I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:

    "If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."

    So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?

    I appreciate your generous response.

    NaturopathicPT





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  • STAmisha
    11-15 01:06 AM
    I head that Backlog centers is allowing people to convert their applications from TR to RIR. Can I know whats the process. I can ask my lawyer to do that



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  • gccovet
    07-16 08:39 AM
    Hi,

    Why would notification be necessary? Isn't an I-9 form (w/ EAD as proof of work permit) being present at the employer's location sufficient?

    I haven't heard of any employer "notifying" USCIS about an employee's EAD status!

    Thanks!

    Only I-9 is required.

    gccovet





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  • a_yaja
    10-05 11:07 PM
    yep .. that was my thinking.
    Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.

    So am looking for documentation on what the exact rules are related to an EAD.
    Any weblinks on this?

    I think there is some confusion in the way you have asked your question. Your question is really about AC21 and not EAD. AC21, among many things, allows one to change employers 180 days after the filing of the I-485 as long as the new job is same or similar to the job description in your Labor Certification. If this is what you are asking - then this has nothing to do with EAD. You can invoke AC21 even on H1B.

    EAD stands for Employment Authorization Document. It is a means by which a person can work legally in the U.S. Students who have completed requirement for a degree are eligible for EAD, anyone who has applied for I-485 is eligible for EAD, anyone who has applied for refugee status is eligible for EAD. Anyone who has an EAD is not restricted to a job category or classification which is unlike the H1B which is specific to a job, its classification, its location, employer, wage requirements, etc. If your I-485 is employment based and you have an EAD, you can quit your job and work in McDonalds as a cashier. The EAD will not prevent you from doing this. However, your I-485 application is no longer approvabe and it will be denied (this does not mean that you should quit your job and take up a waiter's job to see if the above statement is true - if you do - you are doing so at your own risk). And once your I-485 is denied, then your EAD is automatically invalid.

    What you really need to look up is the American Competitiveness In the Twenty-first Century Act (in short - AC21). This is the one that governs if your I-485 is approvable (a.k.a "getting a Green Card") or not after you change your job. Again, this applies to only if you are the primary applicant for an Employment Based I-485. If your I-485 application is based on marriage to a US citizen or is based on Family Ties to a US citizen or is based on application for Refugee Status (or any other category like finishing 4 year degree or higher in a US university), then the job you take up will not affect your I-485 application. Even dependents like spouse and children of an employment based I-485 applicatant can take up any job with an EAD and it will not affect the I-485 process.



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  • rbharol
    09-20 12:24 PM
    Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that.

    Thanks in advance for your answer.

    Answer from my Lawyer is No.

    I tried to commercialize my website which you see in my signature. Plan was to sell
    the consulting services and sell gem stones. I am on H1B and Lawyer said do not do it.





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  • krithi
    03-11 02:48 PM
    u need nothing, AP and Passport are enough



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  • ArunAntonio
    01-03 03:32 PM
    I pledge to contribute $40 a month. And more when ever I can.

    -- Also guys lets keep the momentum going .. we need more people enrolled and every single one of us opening up their wallets.





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  • raju6855
    02-06 09:49 AM
    What number do you call?

    Thx



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  • GCEB2
    09-20 09:13 PM
    sri1309..Thanks for your reply but can we get homes for 300 to 400 k there. How about bay area





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  • dealsnet
    10-09 04:40 PM
    You want to take him to India permanent ?
    Any family problem?
    He can stay here upto his i-94 legally, or if you cancel your visa and inform USCIS, they will cancel his visa. Even then, if he want to syay here, he can be in F1 visa or find a job and stay in H1B.

    Hi,
    Presently I am on H1B and my husband on H4 visa. I have to go to India permanently, so can my husband stay in USA on H4 visa while I am in india ? my husband is not willing to go to india at all. I tried hard all the way to make him convince. Can I travel alone without him ? what will be the problem in future for visa? please advise.

    Thank you!

    Kav



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  • EndlessWait
    06-18 04:54 PM
    Mr. EndlessWait -

    You extended your status, not visa. Please get your basics correct.

    1. Nonimmigrant Visa number
    Visa Number for the last issued visa (does not matter if is expired)
    2. Date Visa Issued
    Date of Issue for Visa in #1
    3. Consulate Where Visa was Issued.
    Place of Issue for Visa in #1

    Good Luck


    Please check and verify details with your attorney/lawyer. This is NOT a legal advice.

    ----------------------------------
    Permanent Resident since May 2002

    Is the visa number the red colored number on the visa stamp or something else?

    thanks





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  • coopheal
    09-07 03:17 PM
    Looks like (in my case) after waiting for more than 5 years it will still take 3-4 years. I am mad :mad:

    Yes where is my green card?



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  • nzhind
    07-11 10:07 AM
    I recently got this job at a check printing (http://www.chequeprint.ca/check-printing.php) company in the US. They create custom made business checks (http://www.chequeprint.ca/check-printing.php). The catch is that i need to take care of all my visa procedures myself. What are the procedures involved with regard to medical exams? Can anybody please help me out with this?





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  • geniousatwork
    03-31 12:16 PM
    Congratulations...





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  • chanduv23
    03-29 09:47 PM
    Chanduv,

    I am sorry, but as far as I have known IV, IV has never exclusively or inclusively worked on student OPT/H1, but it is a coincidence that increase in student OPT might be a fallout of some of IV's actions. I dont see any point of asking students to join IV solely on this basis (OPT or H1 increase). Though, having graduated as a student in US, I totally agree to the point of asking students to join stating that GC is the final step in achieving their American Dream, where IV can make considerable impact.

    I think the administrators should particulary keep a close watch on such posts related to OPT/H1 issues. These posts might be incorrectly interpreted and lead to deviatons from IV's cores agenda issues as well as division of resources. Unless, IV administrators are seriously thinking of changing their ideology and are willing to walk this path.

    Nevertheless, I will keep on supporting IV with all my possible efforts. Cheers and Go IV!

    HP

    The idea is to encourage imigrants to get into this process of "self help". A lot of people do not realise the importance of such efforts and thats whythey try to avoid and always find issues and faults.
    Students/OPT are fresh, young and talented and their energies can be channelized in the most effective manner. it is just the process of trying to inculcate the thought of "right approach" for their careers and future.

    IV has been a platfrom for immigrants, IV has been used as a platform for various issues like drivers license and other variety of issues.





    h1vegas
    06-24 05:28 PM
    ^^^^^





    Abhishika
    12-18 07:24 AM
    Hi All,

    I am also in similar situation. My labor says title as "Programmer Analyst"
    and I have an offer as a Database Administrator.

    If I look for onetcenter I am not seeing a direct code for "Programmer Analyst" but I see

    a) 15-1051.00 Computer Systems Analysts
    Sample of reported job titles: Systems Analyst, Programmer Analyst, Computer Systems Consultant, Business Systems Analyst, Systems Engineer, Computer Specialist, Computer Systems Analyst, Data Processing Systems Analyst, Information Technology Consultant (IT Consultant), Information Technology Specialist



    b) 15-1021.00 Computer Programmers
    Sample of reported job titles: Programmer Analyst, Programmer, Computer Programmer, Software Developer, Internet Programmer, Web Programmer



    And when I search for the database administrator, it gives

    15-1061.00 Database Administrators
    Sample of reported job titles: Database Administrator (DBA), Database Analyst, Database Coordinator, Database Programmer, Programmer Analyst, Systems Manager


    So should we look at the sample of reported job titles? If thats the case all the above mentions programmer Analyst.

    Appreciate ur inputs
    Abhi



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