Sunday, July 3, 2011

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  • gkaplan
    05-17 12:53 PM
    Hello
    As far as I know/understsand : to be eligible for H1B visa for 2010, a company should applke for H1B on april 1st 2010, so that the person gets it by october 1 2010 right??

    if the 65000 limit is still available , lets say after october 1st 2010, can the company still apply for H1B after october 1st or november or even ion december, as long as the H1B cap 65000 is still available??

    thank you?





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  • seaken75
    10-09 01:32 PM
    bump





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  • zCool
    03-31 11:27 PM
    Last Status counts situation DOES NOT apply here.
    That rule applies to situations where you've gone from h1b to h4 or ead etc..
    In your case, you can have as many approved h1b petitions as possible since it's really petition approved for that employer and your are merely beneficiary.
    BUT you can ONLY work for 1 employer at a time..
    Going by your situation.. if you have approved h1 from company B and are working with company B. THEN you are okay.. to hell with what company A may choose to do..





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  • dale
    04-17 04:23 PM
    i know the character as being chinese (but it's probably definately a japanese one as well). and it means to "paint/draw" so it has huge relevance to kirupa.com. as far as the stamp goes - it could be a little more interesting. it's kind of too white and plain-jane. (and what stamp costs $0.00?) the text is a little blurry as well

    -dale



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  • ksrk
    04-10 05:50 PM
    Hi There,
    My 485 application is pending at TSC on EB3 category, country of chargebility is Inida. Yesterday my PERM labor approved on EB2 category and need to apply 140 to recapture my own EB3 PD.

    My employer will come under NSC. if the PD recaptured, I will be hardly one month away from my priority date to be current, as per the current visa bulletin dates.

    So can you please provide some suggestion to which Service Center will be opt for filing EB2 140 now, in order for getting an optimal process for 140 and eventually 485?
    Or does the service center really matters as it will take a very long time for me to get greened?

    Thanks,
    B+ve.

    AFAIK, you are required to file these applications with the NSC. How and why cases get transferred to TSC is not known - mostly speculation.

    This isn't legal advice - just based on information I have read up a while back - not sure if anything has changed in the last couple of years...





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  • payal_nag
    11-27 02:29 PM
    I've read at the vfs website and also the forums that Returning US Workers are qualified to apply for Emergency appoitment. Has anyone on this forum done this and successfully got visa stamped ? Also is there any document needed to support the emergency or just the fact that we have to return to the job is enough to qualify for this category?

    Thanks!



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  • ras
    02-22 09:04 PM
    Is there a way to see this program online instead of TV?





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  • sparky_jones
    06-02 05:09 PM
    The attorney says he's regularly used the "Yes" response in such situations, and has successfully argued that the requirements are normal in past audits. Of course, he wouldn't comment on how much this contributes in triggering an audit. My goal is to avoid targeted audit altogether. His (and the company's) goal is to see the PERM through successfully, even in the face of an audit. Obviously, a slight difference in goals.

    The requirements in fact are normal for this company, and in the field in general. I have no doubt that this can be successfully argued. The problem is with the face-value of the BS+7 requirement against the objective O*Net criteria, and the fact that the only way to make an argument is through a business necessity audit.



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  • garybanz
    10-26 12:56 PM
    due to changes in procedures, a lot of the applications are going to the lock box facilities, this is slowing things down (it was actually supposed to make things go faster but we all know USCIS pretty well by now)

    I have heard a lot of cases where it's taking about a month to get the receipt.





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  • kannan
    11-17 03:26 PM
    I do not have anything,It was applied by my previous employer, and we do not have good terms.



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  • anai
    06-20 05:07 PM
    Here is an excerpt from the link below.. it sounds crazy

    "Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses. "

    I hope this doesnt happen.

    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument


    Is this just a reference to how dates are generally published in the middle of the month? Could Fragomen be simply saying that it is unlikely that the visa bulletin published in the middle of the month of July will have the dates retrogressed, but later mid-month bulletins (in Aug etc.) could bring news of retrogresssion?

    Note that the first sentence of the paragraph from which "averagedesi" has quoted says that "Though the principal employment-based categories are current for July, future retrogression is possible ...." This seems to indicate that they will remain current throughout July, which is what we know/believe.





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  • corleone
    11-02 10:32 AM
    RD 8/16
    ND 10/13
    FP ASC 11/17

    No EAD yet.



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  • chanduv23
    03-16 02:03 PM
    I work for an India based company that has operations in US. I have been travelling back and forth between India and US for about 8 years now. I am currently in US. My labor got approved this January (PD 7/2004) and my company has filed I140 soon after that. I still have 2+ years on my H1B. I am having to transfer back to India soon and shall be based in India for more than a year. What are the considerations if one has to return back to his/her country after I140 is filed? What is the impact on whole GC process? You response is appreciated.
    Thanks.

    As long as ur company proceeds with your GC process, you are still in the process. You can always get a h1b extension as you have a approved 140. Unless your company decided that they don't proceed with your GC, you are still in line for GC





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  • seaken75
    10-04 03:40 PM
    I forgot to add another question:

    Any July fliers with EAD approved with NSC?



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  • GCwaitforever
    12-12 10:39 AM
    Concurrent H-1Bs have no quota restriction. You just have to mention hourly rate and number of hours per week for the second job.





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  • pa_arora
    09-05 01:30 PM
    Thankyou guys, appreciate your answers and help.



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  • peer123
    12-04 03:29 PM
    Hi all,
    I am trying to use an existing labor from my company which has oct 2001 priority date. To date I have nine years experience and I have passed out in 1997.

    I started working in Aug 1996 and continued my studies and finished it by mid 1997.

    Labor cert is EB2 has requirement as master degree with 3 yrs exp or bachelors and 5 years exp.

    If consider at the time of application experience then I meet all the job/tech area and experience (nearly 95%). My question is should by current experience be considered then I am over 9 years nearly 10 years exp.

    What experience will be considered when labor cert is transfered? If it is my current experience because the labor is getting switched to me now or if it’s my experience at the time of the application was applied. How strict is INS to match each and every criterion in swapping a labor.

    My other question is how strick is INS on the term mentioned in requirements. If the applicant transfering the labor matches in all aspects almost 100%, and in required experience one is short by one 3 months or less would INS still consider all other aspects and can OK it.





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  • PHANI_TAVVALA
    02-17 02:58 PM
    Can you please specify process to donate miles. I have 21,000 miles with Delta that will expire soon and I don't intend to use it.





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  • saileshdude
    09-19 10:18 PM
    I had a soft LUD on my+spouse 485 application today. I am current for this sept but will not be in Oct. Since there are no visa numbers available, I am guessing this must be either a potential RFE or my previous company lawyers may have withdrawn my G-28 representation

    Does anyone know if before an RFE , would they or did they get a SOFT LUD, is this common?

    Also if my previous attorney withdrew G-28 forms, will this also result in soft lud?





    Templarian
    04-13 02:29 AM
    Another fun contest. Great work on the entries :fab:

    I think I'll sit out and be a judge next time around (hopefully it's the T-shirt one, could really use a nice Kirupa T-shirt).





    sunnymit
    09-08 04:18 PM
    My wife is scheduled to appear for fingerprinting at 1 om a future scheduled date. However I learned from someone that she can go for the fingerprinting even earlier in the day and she will be fine. Is this true? Has anyone experienced this?



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