Saturday, June 25, 2011

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  • eb3_nepa
    07-20 03:49 PM
    Hello Gurus,

    I have a question about H1 and L1.

    Is it possible for one human being to have a simaltaneous H1 and an L1 visa AT THE SAME TIME. Now before everyone starts thinking i am crazy or laughing hysterically, let me explain my logic.

    I have an H1 in a company who has a partner in Canada. I am thinking if i can somehow (IFF possible) without giving up my H1, get a simaltaneous L1 from the Canadian company in a sister concern of my US based company, then my wife could get an L2 and hence get a work permit.

    So the plan is:
    1) KEEP the original H1B
    2) Get the Canadian partner to sponsor A PARALLEL L1 for a job in a sister company of my current company.
    3) Apply for an L2 for my wife and get her work permit/SSN.

    Now my questions are:

    1) Is this possible AT ALL?
    2) Can the L1 be extended? and is there any problem/caveat with L1 visas as compared to H1B?
    3) My 6 years of H1B are up in 1.5 years so would my wife still be able to keep her L2?

    Gurus can you give me some guidance. This tactic can be used by more of you as well, if you are a victim of retrogression and your spouse cant work.




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  • gc_kaavaali
    11-14 10:36 AM
    After six months can i do H1 transfer with some other company...just want to be on H1 until i get GC (though it is not practical now because it takes years to get GC)...




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  • copsmart
    02-20 06:47 PM
    I think your wage is high, because you are in EB2 category.

    In other words, the job for which your labor was applied required a higher education or experience. Your employer has to come up with such strong requirements to put you in the EB2 category. But what it does is, it will bump up your prevailing wage.

    I had a similar situation where my boss gave a big list of requirements, which smacked my prevailing wage to a higher number. My attorney tried to talk into my employer, that GC is for a future job and they don�t have to worry about it now. But my employer said, they can�t promise to pay that salary, even if it is going to be after several years. Although, in my case the difference between the GC wage and my current salary wasn�t very high.

    So, my attorney and my boss went back and forth several times before they came up with a job requirement that works for me and my employer.

    In your case, at least your employer agreed to pay the salary or they have no concerns. So, you don�t have to worry about it now, because GC is for a future job.

    BTW, do not jeopardize your job by asking for such a huge raise in this tough economic times. If you are still so worried, try to find a job that pays your GC salary and use AC21 to change your job.

    I would say, just hang in there, because the job market is really tight.

    All,

    My PERM labor was filed in Dec 2006. I didn't know much about all the technicalities in that process. I found today, from the flcdatacenter website, my labor petition number and was shocked to see the wage mentioned in there is "50.34", "Hr". I assume thats the pay I would get if I get the GC. My current pay is 60K/year. I have approved I-140 and have also applied my I-485 in the July 2007 fiasco.
    I am now heart broken since I am not sure if I would ever get the GC cause the wage mentioned in LC and what I am getting right now has huge difference.
    What can I do at this point of time? Any suggestion would be helpful to me.

    Thank you.




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  • kumar1
    07-11 11:30 AM
    Hey, with ALL EB numbers gone till October, what else USCIS employees are suppose to do? Poop, Pee and approve I-140! This way, make this freaking GC line even longer. When PERM came in the picture...everyone was so exited.... Fact of the matter is it does not matter if you get labor certification in 2 days and I-140 in 3 days. There are only 140,000 EB visas available. All we are doing here is making the line longer. One thing that has changed is.. every Tom Dick and Harry has an approved labor through PERM so they can extend their H1-B for ever technically. Earlier, when getting a lobor certification was time consuming, getting H1-B extended beyond 6 years are a real pain@neck. my 2 cents....



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  • s416504
    02-03 10:04 AM
    I asked same question to my lawyer 2 days ago & he said "YES". One can request to consider for multiple categories by reapplying I140 again. Lates USCIS's Q&A confirms that...

    Q #3. What if the petitioner wants to request consideration of multiple visa categories on behalf of an alien beneficiary? [Answer Finalized on 06/30/09]

    A. If you want to classify the alien beneficiary under multiple visa preference categories, file a separate Form I-140 petition, with the required fee and supporting documentation for each requested visa category.

    As far as your labor qualifies for EB2, you are OK.

    USCIS - Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cfe8745543256210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    I have a labor approved for the requirement:
    "Must have BS in CS, EE or related field w/5 years of related experience"

    EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?

    Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.




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  • Justin Bieber y Selena Gómez


  • mdforgc
    02-21 06:35 PM
    EB3 nepa, please do print out these links too and send to Sen Specters office

    http://www.flight-capital.com/- David Heenans article

    http://www.creativeclass.org/ Dr Richard Florid's site Book"Flight of the creative class"

    [1] Pia M. Orrenius and Madeline Zavodny, “Does Immigration Affect Wages? A Look at Occupation-Level Evidence” Federal Reserve Bank of Atlanta Working Paper No. 2003-2a, August 2003, at http://www.frbatlanta.org/filelegacydocs/wp0302a.pdf.

    [2] “America Needs More, Not Fewer, Workers from Overseas,” editorial, The Wall Street Journal, August 26, 2005, at http://www.opinionjournal.com/forms/
    printThis.html?id=110007166.

    http://www.heritage.org/Research/GovernmentReform/wm886.cfm#_ftn1- link supporting recapture of visas

    http://www.twincities.com/mld/twincities/news/state/minnesota/13614107.htm- MN Gov Pawlnety's comment on legal immigration

    http://www.upi.com/NewsTrack/view.php?StoryID=20060208-105741-3392r Intel Chairman calling for more H1Bs and Green cards

    http://www.migrationpolicy.org/pubs/PolicyBrief13_Jan06_13.pdf report of the migration policy institute, suggesting moving other visa cateogires to skilled EB immigration and removing country quotas.



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  • Selena Gómez confesó que le


  • Dhundhun
    11-30 02:13 PM
    There are cases getting RFEs for photos / even if photos are sent, for not sending letter explaining reasons for AP and for not sending copies I485 receipts.

    There are several approved cases without letter or I485 receipts.

    But when I did paper based AP renewal, I made a packet of the following and recommend making similar packet:
    Packet with top right (application for AP A#...)
    .... I131 Application
    .... Envelop (on cover describing that it contains photo and check)
    ........ Two pictures with name and A# on back
    ........ $305 check in favor of U.S. Department of Homeland Security, USCIS
    .... Copy of I485 Receipt Notice
    .... Copy of previous AP
    .... Photo Ids (all)
    ........ Copy of Biographic Pages of Passport and
    ........ Copy of DL and
    ........ Copy of EAD
    .... A Letter stating reason for AP, expecting delays in GC due to swing in PD, nine years of wait.

    Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 at the end of first post also.

    In this approach, there is little chance of getting RFE due to missing items and photos also will remain safe inside the inner envelop, until required.

    Update: Received both APs in less than 2 months.




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  • Jerrome
    11-30 11:36 AM
    What is your PD and nationality. without this information nobody can even GUESS how it happened.



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  • parece ya que Selena Gómez


  • aj130346
    03-15 08:29 PM
    My comany is filing a second LC under PERM for a substantially different job position and job location.

    My first LC ( PD Oct 2004) was filed in TR. My LC is "in Process" at PBEC. No I-140 yet. I am from India

    The question is: Once the PERM LC gets approved, and I140 ( second LC) approved, can the first PD ( Oct 2004) PD be retained??

    Thanks for your responses




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  • StuckInTheMuck
    07-11 12:27 PM
    I was not aware that you needed an FP for EAD renewal as well. Could you please clarify?
    You can get EAD without FP (the card will say "Fingerprint not available"), but if you e-file your renewal application, you will get a call for FP (paper-filing renewal does not require FP). As I said, I deliberately e-filed for that FP call so I can get into the local USCIS office, and then persuade them to take my I485 FP as well.



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  • Justin Bieber y Selena Gomez


  • sk.aggarwal
    11-11 04:49 PM
    My 2 cents:

    Dont take this lightly or depend on free services. Call and schedule a paid consultation with good immigration firm. I am sure you will get your money's worth. Atleast you will know if anything could be done to salvage the situation




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  • BPforGC
    05-12 04:29 PM
    Had they not wasted all those VISAs in the past due to their inefficiency, there wouldn't be this much backlog. If they have reallocated all the unused VISAs at the end of each fiscal year to the over subscribed countries, there wouldn't be this big problem.

    This backlog was created by incompetent leadership at USCIS and lack of vision in the congress. Politics and bureaucracy rule the immigration, not logic or the interests of the country.

    God help us. Given the poor economy since last year and lots of RFEs and strict PERM audits, in coming years, the demand for GCs will go away. Things should stabilize and we should see some significant movement to the EB2 by end of this year. EB3 is more tricky since many countries are over subscribed compare to EB2, where India and china are the primary over subscribers.

    Recapture bill should put an end to this retrogression and if the CIR and strict criteria goes into effect, this will make EB1 and EB2 qualification all the more difficult in future. Not bright days ahead for immigrants in this country.



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  • skumar9
    04-13 03:20 PM
    In my Query it states as 30 days...




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  • flresident
    04-08 01:55 PM
    Question regarding Current Immigration Status field on EAD renewal form:

    I am applying for EAD renewal for my spouse. Currently she is on H-4 but I am soon planning to use EAD to start another job. I guess my spouse's status will also change from H-4 to AOS (I guess) at the same time. What should be current immigration status for my spouse when I have already started working on another job using EAD.

    BTW, I used paper filing for both of us.

    Thanks for your input.



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  • like_watching_paint_dry
    02-27 07:43 AM
    Congrats!! And 6 months more of working for a bad employer is a small price to pay in the big picture. And there are lots of creative ways to kill 180 days. Cut your productivity and actively engage in finding a good job... take paternity vacations etc.




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  • Lydia
    06-18 11:24 AM
    I understand it is law but he is denying... I did offer him money, but he says a big NO.



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  • stueym
    07-09 03:48 PM
    Thank you for all your support. Quick update. Our video now has 1439 viewings, 132 ratings and 38 comments (as at 4:15pm EDT 7/9). This has resulted in us having the #32 top rated video of the week in News and Politics. Your support has been wonderful and thank you for your positive comments.

    We have looked at a large number of the other videos in the competition and we certainly have a much higher rating and viewings than any of the videos other than the ones posted in the first week of the competition. Sadly we dont want to monitor them as every time we check their score it rates as another viewing for them :p

    We remain hopeful that our moderate position on a difficult topic may give us an edge but who knows. My son is dying to pose a supplementary to the video question about the byzantine process we all have to endure.

    Will keep you updated.




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  • lazycis
    02-13 05:27 PM
    If you want IV (immigrant visa), help IV (Immigration Voice)




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  • LayoffBlog
    01-27 01:32 PM
    Sprint Nextel Corp. today said that it will lay off about 8,000 workers by April within “all levels” of the company.The carrier also said it will suspend the 401(k) matches for workers for 2009 and extend a freeze on annual salary increases started in 2008 through 2009. A tuition-reimbursement program was also suspended.Source: ComputerworldPosted in [...]http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1237&subd=layoffblog&ref=&feed=1

    More... (http://layoffblog.com/2009/01/26/sprint-to-lay-off-8000-by-apri/)




    san3297
    06-29 03:36 PM
    Hi Martin,
    Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.

    If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.




    lj_rr
    07-23 10:35 PM
    ----bump, Help?-------------



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