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Saturday, June 25, 2011

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  • kiranberu
    03-14 07:16 PM
    This is more pertinent to Physicians - I heard that following residency or J1 expiration one has to return to home country for 5 yrs. I have the following questions
    - What are the options for Fellowships and how do they weigh against the fellowship options for H1 holders ?
    - How difficult is it to obtain J1 waivers ?
    - Is the new J1 conrad law beneficial ?
    - Can someone share their success story of converting J1 to another visa, Thanks all





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  • cram
    06-14 07:43 PM
    I have the same question. Help.... somebody. Thanks.





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  • seahawks
    09-09 12:59 PM
    ^^^ bump ^^^





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  • VMH_GC
    07-17 06:21 PM
    I pledge $100 right now to IV. I will make the payment tonight.


    I just made the payment. It is easy folks please contribute....



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  • help43
    09-11 05:03 PM
    i am applying for H1-B amendment before going to the stamping

    is it a good step to handle the situation?

    They said like you have been applied for a new H1-B, NOT for Change of status thats y u didnt got the I-94.

    Please advise on these options....





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  • Templarian
    08-25 09:01 PM
    Hmm... pwned person... http://img402.imageshack.us/img402/6388/boomheadshotrv3.gif

    and by the way Templarian Kalamazoo isn't too far away, I live there.You plan on going to wmu? (depending on your age)



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  • wandmaker
    11-05 10:43 AM
    ......
    I want to convert this H1b application to Premium Processing now, that is after responding to the RFE. My current company's lawyer claims that we cannot convert to Premium Processing after an RFE is issued and answered. Is this is true? Can an application be converted to PP only if it does not receive an RFE? I thought it can be converted anytime...please advice.

    You need to send in the I-907, please read section "Premium Processing Service for Form I-129 -Upgrades for Pending Cases" on Page 2 of Download Instructions PDF USCIS - Request for Premium Processing Service (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=79ef78264614d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD)


    ...
    If you have already filed Form I-129, and you wish to requestPremium Processing Service, file Form I-907 with the ServiceCenter where Form I-129 is pending. Include a copy of FormI-797, Notice of Action, or a copy of the transfer notice, ifapplicable, showing the location of the relating petition. Toensure that Form I-907 is matched up with the pending FormI-129, you must completely answer Questions 1 through 5 inPart 2 of Form I-907. If this information is not provided, theForm I-907 will be rejected. The Premium Processingaddresses for each service center that handles Form I-129 islisted in the Form I-129 filing chart
    ...





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  • a_dips_1999
    06-16 05:39 PM
    Hi,
    I applied for my Perm on March 11, 2008. I haven't heard back from DOL yet. Can my employer send a letter to the congress man to enquire about this case. Is there a format for such a letter.

    any help/feed back is appreciated

    thank you
    Dips



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  • jotv
    11-19 12:32 PM
    i am going for the h1 stamping first time . in form 156 how long do you intend to stay in usa ? for that i wrote 3 years . is it ok ? and my sister is also in usa .so for one question i wrote the same thing because we should be honest thats why.

    here what my question is will the interview people think that i wont come back to home coutry because of 3years and sister ?

    should i take any guarantee supporting letter from my parents if yes how is the format ? please answer with your experiences? i appriciate your help .





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  • krishmunn
    03-04 12:24 PM
    I had a similar situation but there are no client site involved (in my case my office itself moved to a new location , albeit in the same Metro).

    I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)

    *******
    655.715 Definitions.

    Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;

    ***

    20 CFR 655.734 (a) (2)

    (2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.

    (b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.


    ****

    Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),

    1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .

    2) When one move to a different Metro (or out of commutable area), a new LCA is required.

    It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.

    Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.



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  • vin13
    12-02 10:21 AM
    Can we apply Emergency Ap for official visit ?

    Probably not. Emergencies are typically for medical reasons or death in family. Most officail visits do not fall under emergency. Most of the decision is made case by case basis. It is upto you to prove the emergency nature and convince the IO.





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  • r_ferns82
    03-07 08:24 AM
    I voted for mlkedave. I liked it the best among others.



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  • O'podu
    07-17 04:30 PM
    Instead of flowers, lets make IV strong by contributing more to it. The battle isn't over yet. We may still end up living rest of our lives on EADs and APs.

    Again, pl. contribute!!


    Contribution is for their better service.
    FLowers and wishes are Appreciation towards their bold steps and effort which brought us together virtually.
    We would never have brought out our thoughts without the support of IV coordinaters.

    Anyhow i decided to contribute my best to IV very soon.
    Thanks IV.





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  • pa_arora
    07-23 04:24 PM
    You cannot file EAD/AP without the Receipt notice. Since u will be filing it urself anyways(no layer fee involved), y dont u file it with just stating the 485File number in the covering letter, also attach the prints of the checks cashed.

    I would say its worth giving a shot.

    [You may also state any lame reason that u/employer/lawyer have misplaced the receipt notice in the covering letter ...try this at ur own risk]



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  • serg
    10-30 08:50 PM
    [Apologies for the cross-post]
    Since there are lot of ppl here who have had EAD/AP for years ...
    Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?

    Thanks

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=d502194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    "Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires."





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  • prom2
    10-25 05:30 PM
    Hi prom2, thanks for continuing this thread. Could you rename it to early-June filers or something more broad? Or maybe even the same name as the previous thread? That way, the same members can simply join this thread. Your present title is way too specific and with all the other similar threads out there, we might be missed by some members.

    Hi, Why did you ask me rename the thread with a broader name?, it is June 07 filers - General Tracker, seems broader enough.

    Thanks.



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  • ilikekilo
    08-01 05:51 PM
    My I-485(with G-28) was filed by our company lawyer and company did not let us file EAD. I'm filing EAD on my own after USCIS made it clear with FAQ2 that they will accept EAD applications without the I-485 Receipt notice.

    My questions is, Can I be sure the receipt notice for the EAD will come to me and not to the lawyer by any chance? I don't have any intention of using EAD but don't want my employer/lawyer know that I have filed it.

    Thanks

    do you know where ot send EAD application? do we need 485 RN? do we send EAD app to the same center we sent 485 to?





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  • desi3933
    01-23 01:18 PM
    ....
    Today I got a RFE requesting proof of authorization to work since my h-1 expired, and realized I couldn't be working when I hired a real lawyer to take care of this case and she informed me so. How to respond my RFE???
    ....
    .....


    Please provide following details -
    1. H1 (and I-94) validity dates
    2. Date of filing for EAD and I-485
    3. Date of EAD approval

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • Ramba
    01-08 12:09 PM
    Thanks all for the advise/comments. Mixed opinion. I was hearing that, because of Indian Rs gaining stongly aganist US$, outsourcing to India is not cheap anymore. I also informed that hiring fulltime/permanent employee in US is cheaper than outsourcing. I do not know howmuch true it is.

    IS all QA jobs are shorterm in nature? As I have already a GC, is it easy to get fulltime (longterm)/permanent job in QA?





    pappu
    02-24 11:54 AM
    If we force people to fill profile, they start filling fake details.
    How do we make people update their profiles with real details?

    I think members can help in this task. Whenever you see a member with junk details, urge that person to update the profile to be taken seriously.





    sunofeast_gc
    11-07 02:17 AM
    I have same question......if for example as above someone changes to SAP....what should be done in terms of notification to USCIS..?

    Do we just go ahead and join the new job / consulting firm and get a letter from them to match the O*NET code or description as above...?

    if you don't inform in advance and incase your old employer inform them , who will get REF..... everthing seems unclear to me as far AC21 is concern...

    any authentic document on AC21 releated to job change and promotion?



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