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  • desi3933
    06-30 01:56 PM
    ....
    I can work in the Software company fulltime but at the same time can work in a motel part time, now when I get lay off from the software company ..I'll be in status but working for motel, also not full filling the condition of Highly skilled labor etc.

    Can someone please explain all this. So far I know you cannot have this and this is what my attorney told me when I thought of doing that to open up a company and work as an employee partitme in it.

    Mr./Ms. P. Saxena -

    Each H-1B must be for specialty occupation, whether job is full time or part time. Beyond that, it does not matter whether job is classified as "Highly Skilled Labor" or not.

    USCIS - What is a specialty occupation? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6408ec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=4b18dc4d88889010VgnVCM10000045f3d6a1 RCRD)

    Hopefully this clears your confusion,

    Have a good day!

    desi3933





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  • desi485
    03-24 02:19 PM
    Now everything is queued..... no more cutting lines.

    no more lc substitution!!! isnt' this was already done last year??? :confused:

    were you sleeping? why there is a sudden new thread today?





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  • immi_enthu
    08-28 11:28 AM
    According to the legal assistant:

    Traditional Labor:

    Incase of substitution the beneficiary has to sign the approved labor. Otherwise it is not required.

    PERM: Requires beneficiary's signature.

    Thanks bond65





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  • DyersEve
    10-20 10:02 PM
    thnx but do you mean what the text says or the font/format/position of it?



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  • Tazike
    06-27 09:44 PM
    I read an answer written by an immigration lawyer about this type of situation and according to him once the divorce is final the conditional green card is invalid effective that day. That means that the immigrant spouse becomes out of status and would lose her right to work. Because of this the immigrant spouse should apply for a waiver right away once the divorce is final. Staying here and working while being out of status can cause problems of its own.

    It's generally true that getting divorced does not affect one's green card. The exception however is when a person has a conditional marriage based green card and gets divorced before the conditions are removed.





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  • thomachan72
    01-10 06:15 AM
    Hello All
    Similar experience at Mumbai Consulate. Being a full time employee, and after showing all paystubs, employment letter , VO was not satisfied. 1/2 of the time , he was under impression that I was still working for a company, whose visa was stamped in 2008. :)

    Another reason of frustration is they did not check all the documents I sent , which were mentioned in the green slip. Inspite of sending Research Document, I had got the reply saying that I did not send the Past, Current and Future Research Statement. So I resubmitted all the documents again on Dec 23rd,2010 . also added I am not working on any research topic presently or in near future . After that I did not hear back from consulate. So that means my case has been under processing?

    Did anyone get the receipt of documents submission in response to Green Slip?

    Please let me know

    Thanks and Good LUCK

    DResearch statement? Have never heard about that one! Are you a postdoctoral research fellow?



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  • desi3933
    02-11 10:43 AM
    Hi All,

    I am in a situation that my L1B extension application is denied on 02/10/2009. My current L1B is valid till March 31st 2009. I am trying to find the options I have with me now... I have H1B approved from another employer but I have not joined them.

    As per my understanding these are the options:

    1) This denial is for L1B Blanket Petition, so I think I should be able to apply extension again with L1B individual petition as I believe Obama government is rejecting all L1 Blanket visa as they this people are misusing it...

    2) I can join my H1 employer...

    Can anyone of you please suggest if these options are correct OR is there any other better option available...

    Eagerly waiting for responses...

    Thanks,
    Gagan Chodhry

    Were you in status at the time of L1 extension? Probably not, as your H1 extension was approved with new I-94 starting Oct 1st.

    You applied for L1 extension on Oct 15th.

    Would you mind sharing the denial reason with us?

    __________________
    Not a legal advice.





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  • jcrajput
    09-26 05:02 PM
    This is the new thread to mention your rejection reasons.

    Please mention following:

    Rejection date: 09/21/07
    Reason: Other reasons (Not mentioned in data base system - More info with rejection letter and package)
    Package received date: Waiting



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  • funnyman
    07-04 09:16 PM
    "__________________
    EB3 Worldwide
    PD 07/11/03
    I-140 RD 02/27/06 AD 03/22/06
    I-485 RD 05/07/07 filed at TSC
    FP 06/02/07 (Code 3) - sent to USCIS same day
    LUD 06/05/07
    "

    For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.

    EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?





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  • royus77
    05-10 09:45 PM
    I took an appointment on friday and its working fine. May be because of the week end some issues with the website. try with IE . by the way VFS/USICS visa procedure is far better than extending your passport . ...



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  • hpandey
    07-09 11:02 AM
    In a perfect world you would return your employers 8K and he would give you your last two weeks salary.

    But we all know the world is not perfect.

    Imagine if instead of you benefitting from the accountant mistake were on the receiving end and you were underpaid by 8K in 2 years. Would you still say that it is the accountant's and company's problem and nothing to do with you .





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  • new_phd
    04-14 05:41 PM
    Read clearly, the statement is very clear. It says "If the Green Card applicant .... is the child or spouse of ...."

    It means that if you-the applicant - has either of your two parents or your spouse born in a country that is less impacted (or not impacted) by the country of chargeability wait time, then you can use their country of birth to apply to your application instead of your own.

    Therefore, your parents and your spouse count as the only people you can use for cross chargeability. Not your kids.

    Hope this helps.

    Hi,

    I am Canadian citizen lived in Canada for 9 years. In 2005, I moved to USA on TN visa. Here is my case details.....

    Priority Date : Jun-06
    Category : EB2
    I140 Approved : 08/15/2006
    Chargeability : India
    Processing Stage : I-485, EAD, AP
    I485 Mailed Date : 07/02/2007

    My daughter is born in Canada in year 2000.

    My quastion is can I use my daughter's birth country for cross chargeability. I know this is not very common, most of the time spouse's country of birth can be used for cross chargeability. But while I was googling I found the defination on the below website....

    http://www.visapro.com/Immigration-Dictionary/C1.asp
    Cross Chargeability : When a Green Card applicant is subject to a quota waiting list, but is the child or the spouse of persons born in a country with more favorable quota, the applicant may cross charge to the most favorable quota.

    I would really appreciate your help.

    Thanks



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  • Sachin_Stock
    09-18 10:29 AM
    Healthcare reforms and their covering of "illegal aliens" in question.

    Both are non-issue in this forum!





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  • snathan
    01-22 07:36 PM
    I hate the word Donate but somehow I donated blood which will be sent to Haiti. I did some in monies. Life is life no matter who it is.

    Can you provide more details...?



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  • nk2006
    09-25 11:02 AM
    Good find - shows the plight of legal immigrants.

    A bit of nitpicking - actually the chart is underestimating the time for EmploymentBased / skilled immigrants wait - says 11-16 years to get citizenship sort of suggesting 16 years is the worst case scenario to get citizenship. Its a bit underestimate especially for people coming from India/China. I have seen many people (including me) on these forums who entered US "legally" ten years ago and still waiting for GC with no idea when they would finally get it. Some of them might finally get citizenship 20 years after entering the country "legally".

    On the whole it shows the reality of legal immigration and its waiting times.





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  • hsingh82
    04-27 05:06 PM
    Dear Sabeesh,

    Although I'm not a lawyer, I will respond based on my knowledge and my own case.

    1) You don't need to stamp any visa as you already have a visa that is valid until September, before your return date.

    2) You will only be able to enter the US with the latest visa stamped on your passport.

    3) You may want to get a new visa (associated with Company C) while you're still in India, so it will be valid until Nov 2011. You can have this new visa issued and stamped even before your current visa expires.

    Regards.

    If the new visa is not granted or somehow one goes into 221(g) waiting for some check, what happens then? Can you still come back on current visa?

    Thanks.



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  • digitalborealis
    01-10 06:22 AM
    No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.

    D





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  • CatsintheCraddle
    05-04 04:59 PM
    No, the I-130 was never denied, I don't think it was ever approved either though. I have receipt notices for everything we applied for but on the website, I can only check updates for my EAD (forgot the # of form) and my I-485.

    The letter of denial states it's my I-485 that has been denied, there is no mention of the I-130. Of course it then goes on to mention that any EAD's travel docs. etc have been revoked. I can not appeal the decision but I'm allowed to reapply or file for motion to have case re-opened.

    I am worried about what box to check but I'm going to an info pass meeting tomorrow, I'm hoping they can help me with that.





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  • nk2006
    04-17 03:36 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!

    I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
    The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.

    Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.

    If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).





    seahawks
    07-20 01:40 AM
    [QUOTE=jack_suv]Hi all,

    After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.

    purely comical...

    Getting green card is freedom

    Getting married means no freedom..

    just kidding..I am married and loving every moment!





    looneytunezez
    08-19 08:04 PM
    i would recommend renewing your passport here in the US before travelling as they recommend over 6 month validity.
    Usually takes 2-3 weeks, but you might be able to emergency rush processing as you are already travelling.

    when you get ur new passport, it will say that your h1b stamping is still valid, so you can present both passports on POE.

    hth,

    LT



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