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  • desi3933
    07-05 03:14 PM
    Hi All,
    Please clarify my doubts if you can.

    The G-325A form is asking for dates of previous employment. I have an issue here.....

    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, I was not aware of the whole status issue that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.

    Any advice is appreciated. I'm afraid to talk about this to my current company attorney....

    Thanks.

    Did you get new I-94 with H1 transfer?
    Any re-entry in USA after that?


    ___________________
    Not a legal advice.





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  • raysaikat
    07-12 01:46 PM
    THANK YOU VERY VERY MUCH FOR PRECISE REPLY BUEHLER but am I not within my legal right to work for any hospital branch because they are all with one name.


    My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).

    My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.

    What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)

    First assume that you are talking about the same company, so that you get one paycheck, one W2, etc.

    Your H1-B job must match what is specified in LCA. In particular, LCA is location specific. If you work in a different location (and no longer work in the old location), you need a different (ameded) LCA. If you want to work in two locations, you need to file an amended LCA that lists both locations.

    Now, if the two "branches" are different entities (i.e., you are going to receive different paychecks, W2's etc.), you need two H1-B's. File a second "concurrent" H1-B for the second position, and you will be good. The concurrent H1-B will be cap-exempt.





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  • Singer
    10-21 11:10 PM
    I am a vocalist based in the US for the last 13 years. I have performed around the world at World music festivals, television shows, radios, various clubs, private events, for stars like P... S.... and D.... B.... and for organizations such as UN, UNESCO, UNDP, NDI, Schomburg Center, etc.I have always been legal and on several P1/O1 artist visas), I have applied on December 2006 for a EB1-EA green card

    On June 10th 2007 I have received a RFE from the Nebraska Service Center, and I had to submit additional stuff proving I am really a singer with an international carreer. (I won an award by the way)before August 15th 2007. On August 3rd 2007 I went myself to the FedEx office and sent a priority 8.0lbs package to the Nebraska Service Center. It was delivered on August 6th signed by Mr. Brad B... at the Nebraska Center.

    When I called they said my case was pending, same thing on the USCIS website where I create a portfolio. It is until April 2009 that thanks to congressional and senatorial help that we found out that my I-140 and I-485 had been denied, closed archived since end of August 2007! They said that my response to the RFE was received by them in October!

    We argued that I never received the denial notice, neither my attorney received. My congressional liaison faxed them the ax receipt, then the congressional liaison there said: "O my God!" We were hoping that at this stage they would simply reopen the case and look at my 8 pounder RFE response! Nebraska Service Center decided that i will have to file an appeal.

    In April 2008 I filled and appeal with Administrative Appeals Office in DC in 2008 (more money into thei pockets) to demonstrate that both my I-140 and I-485 were denied in error, (they had lost my application) the case was returned to Nebraska for them to reconsider.

    The AAO decision granted me all that was in their power to give.

    1. The appeal was rejected because it was untimely filed -- By statute (law) they cannot consider an untimely appeal regardless of circumstances however.

    2. They state that if "an utimely appeal meets the requirements of a motion to reopen or a motion to reconsider, the appeal "MUST" be treated as a motion and a decision "MUST" be made on the merits of the case. -- This is exactly what I asked for.

    3. They state that a motion to reconsider must establish that the decision was incorrect based on the evidence of record at the time of the initial decision. Again this is exactly what I claimed.

    4. They catagoricaly state in paragraph 2 on page 3 -- Here, the untimely appeal "MEETS" the requirements of a motion to reopen and reconsider. They also positively state that you "SUCCESSFULLY" argue that the October 10, 2007 decision was "FLAWED" and they point to 2 specific reasons -- that yur attorney of record was not properly notified and that your response to the RFE was not considered.

    5. In paragraph 5 on page 3 they conclude that the October 10, 2007 decision was "CLEARLY IN ERROR" and that the decision "DID NOT COMPLY WITH THE REGULATORY REQUIREMENTS".

    6. Finally, in the last pragraph on page 3 and the 1st paragraph of page 4 they state "therefore, the director "MUST" consider the untimely appeal as a motion to reopen and reconsider and render a "NEW" decision acccordingly"

    7. They also state that the "NEW" decision "MUST" thoroughly address all of the evidence submitted in your response to the RFE.

    So the AAO�s office sent back my file to the Nebraska Service Center.
    Then the I-140 was reopened and I finally approved May 20th 2009. At that time the rest should be like �a letter in the mail�. That is when I demanded that my I-485 be reopened as well.
    They responded to my congressional liaison telling him that they will reopen the I-485 and tat the green cards were being prepared and would be sent to us in less then 60 days. Stating: This has been going on for too long�

    That is when the �saga� took another turn. On August 14th 09 I received another RFE on the I-485! I was told by one lawyer that it was not so bad (they just needed to update my records since 2006 is the date of my first GC filling), But this RFE did not make sense because once the I-140 is approved they should not ask me to supply any documents work related. They wanted me to prove that I will continue to work in my field, what I have been doing for the last 2 years since they have denied my case and what will be my upcoming work offers.

    Remember that in May 2009 they have said that the green cards would be sent�
    We responded again with a 5 pounder file! We mailed it September 1rst 2009. I provided them with the same documents I sent in the 8 pounder they have lost in 2006, plus everything I have done since. Including all the performances with P. S., D. B. and letters from future contractors such as The United Nations, Schomburg, my booking agents letters, etc...)

    October 19th 2009 we received an email from USCIS saying that a decision has been taken and that my husband�s I-485 has been denied!
    Another ridiculous thing.
    1-I am the petitioner, not my husband.
    2-They should adjudicate my case first, not my husband�s!
    3-my case is still pending no decision made on it�

    At this time, we are awaiting the full denial explanation letter, to see what is the reason for their decision. Hoping that they just made another mistake for example dissociated my husband I-485 from mine the petitioner.

    I am currently (Thank God) on an 01-visa valid until 2011, my husband has a -O3-visa

    Because of this terrible saga, we have endured a tremendous stress, and anxiety. We have lost a lot of money. Between the lawyers fees, the various application fees plus the appeal we have spent more than $20,000. I have decided not to file another appeal because this is more money into their pockets. I am ready to sue the USICS with a writ of mandamus and more if they do not fix the multiple mistakes they have made.

    Please somebody in this forum answers me. What should I do? Please help!

    Thank you.

    Singer





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  • shana04
    08-13 09:11 PM
    Friends,

    Even I am stuck with Name Check and what is the approach to clear name check.

    Any help / suggestions, please advice.

    thanks in advance.

    Shana

    Now that our PD dates will be current for more than 30 days (based on next months visa bulletin), can we use Odbumsman 7001 form

    Or Can we expidetite the process, as when ever we call IO they give this BS explination saying that we can only expedite if your dates are current for more than 30 days and your file is still pending.



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  • h1bnogc
    08-28 10:52 PM
    When I went on a vacation to India, I had a valid H1B visa stamp that was valid for 30 more days. I also had an approved petition for extension.

    I could have gone for stamping, but I chose not to and when I came back I showed them my H1B visa which was valid for 10 more days and also my extension petition. I was sent to Secondary Inspection (you can also be sent here in case you have an AP, nothing to be worried about SI, it very common nowadays). In that, a senior IO looked at both and then stamped my I-94 till the end of the extension petition (Oct 2010).

    Though your situation is slightly different - you dont have a valid H1B stamp when you go to India, you can go to consulate and get it stamped with current H1B petition and while coming back you need to show the IO at counter both the VISA and the extension. Better yet, as some-one suggested, present both petitions to embassy in India and see how they handle it.

    Have a safe trip..

    sbay2006: Could you please share your experience during secondary inspection? thanks!





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  • airbusfan
    06-02 12:09 PM
    Airbusfan
    I had sent you a private message yesterday. .
    Without verification we cannot give access to anyone.

    Anu has been out sick and will not be doing verification for next couple of months. Myself and other team members will handle this task in our spare time from other IV work and there could be delays. However we will try to have the delay only for 15 days at the most.

    Ryan, Thanks for responding to the PM.

    Thanks Pappu!! I just messaged you my cell number, I think you tried to call me, but am in meetings all day today



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  • yabadaba
    07-02 09:47 AM
    if you really doubt.. then get the hell outa here you illegal jerk. go back to your gas station.





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  • bbct
    04-16 11:21 AM
    That really sucks.

    They (USCIS) take ages to work on our case and when they request something they don't give enough time to respond and even ignore genuine hardship.

    I pray sincerely things work out for you. Good luck!

    bbct & vin13,

    Thank you both for your replies! We are trying to figure out what to do.
    She is travelling with our twins and my father. Seems like there is no way other than for her to do a flying visit or to prepone the trip for everybody.

    Thanks,
    GCisaDawg



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  • HRPRO
    04-26 11:03 AM
    You definitely need an attorney's representation. Dont waste time mulling over it as more time you waste, bigger the problem.





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  • Blog Feeds
    07-03 05:50 PM
    DHS Leadership Journal Has Just Posted the Following:


    Guardians,

    http://www.dhs.gov/xlibrary/photos/Thad_Allen.jpg (http://www.dhs.gov/xlibrary/photos/Thad_Allen.jpg)
    Later today, I will be relieved as Commandant of the U.S. Coast Guard by Admiral Robert Papp. It has been an honor to serve as your Commandant for the past four years and I am confident in Admiral Papp's ability to lead the Service during a period of tremendous changes, challenges, and opportunities. The value of the U.S. Coast Guard (http://www.uscg.mil/) has never been greater than it is today and it is the men and women of our great Service who truly make it all possible.

    After the Change of Command ceremony, I will continue to serve as the National Incident Commander for the Gulf of Mexico oil spill for some period of time but I wanted to take this final opportunity to thank you for your tremendous commitment, dedication, and courage over the past four years.

    When I became the Commandant in 2006, I issued a number of orders that I thought were necessary to meet the challenges we faced then and set the conditions for future success. With your help we have accomplished a great deal. We transformed our acquisition process, enhanced our marine safety capability and capacity, created a new and more effective support structure for our Reserve Forces, stood up the Force Readiness Command and Deployable Operations Group, created the Maritime Enforcement Rating, and transformed our maintenance and logistics processes. At the same time we met operational challenges in piracy off the Horn of Africa, the tsunami in America Samoa, the earthquake in Haiti, and more recently the oil spill in the Gulf of Mexico. We accomplished all of that without losing focus on our broader mission set. We continued to interdict drugs and made major strides to eliminate the use of self propelled semi-submersibles. We deployed wireless biometric capability to significantly reduce illegal alien migration. At the same time we saved countless lives.

    In the last six years, we have also strengthened our relationships within the Department of Homeland Security. Through the completion of the first Quadrennial Homeland Security Review (http://www.dhs.gov/qhsr), we helped mature the Department and build the Nation's homeland security enterprise.

    In the process we enhanced our ties to the Department of Defense. We held unprecedented staff talks with the Navy, Air Force, Marines, Army Corps of Engineers and the National Guard Bureau. The Chief of Naval Operations, the Commandant of the Marine Corps and I cosigned "A Cooperative Strategy for 21st Century Seapower" and Naval Operating Concepts. We forged stronger bonds with our interagency partners in the Federal Bureau of Investigation, National Oceanic and Atmospheric Administration, Environmental Protection Agency, Maritime Administration, Drug Enforcement Administration, National Transportation Safety Board, and the Department of the Interior. Finally, we strengthened our international ties with our hemispheric partners and through the North Pacific Coast Guard Forum and North Atlantic Coast Guard Forum. Together, we raised the visibility of Coast Guard missions to our external stakeholders and our international partners.

    The common thread connecting each of these of initiatives and actions, and my overarching goal as Commandant, was for the Coast Guard to become more change-centric - to sense changes in our operational environment and have the courage to make course corrections before problems overwhelm us or we have terms dictated to us externally. To do that we must become more diverse, adapt to new technologies, and embrace social media as well. I believe we have become more change-centric and a learning organization that capitalizes on lessons learned. Nowhere has this been more evident than in our responses to the devastating earthquake in Haiti and in our leading role to the ongoing oil spill in the Gulf of Mexico. The world has seen the value of the U.S. Coast Guard in action. We protect, defend, and save America's maritime interests wherever they are at stake - that is the legacy you have left for our future Guardians to embrace.

    In spite of our operational successes, challenges remain. Our operations are not risk free and we have known the pain at the loss of shipmates from USCGC HEALY, MSST Anchorage, CG 6505, and CG 1705. Our promise to them is to prevent future accidents and insure we create the safest possible environment for our personnel. The Coast Guard will meet future challenges because of our multi-mission nature, bias for action, and the incredible talent and dedication of our people. As we look to the future, I encourage each of you to be insatiably curious, to be life-long learners, to look after your shipmates, and, finally, to seize every chance to apply your leadership skills, talent, and competencies when the opportunity presents itself.

    I am incredibly proud of all our active duty members, reservists, civilians and auxiliarists. No matter how fiercely the winds of change swirl around us, our people stabilize the Service. You are America's Maritime Guardians and your country needs you now more than ever. It has been my extraordinary honor to have been your Commandant and I am excited to see where you will take the organization in the future. Fair winds.

    Sincerely,
    Admiral Thad W. Allen

    Reposted from the U.S. Coast Guard's iCommandant (http://blog.uscg.dhs.gov/) blog. Published by the U.S. Department of Homeland Security, Washington, D.C.https://blogger.googleusercontent.com/tracker/7013398738785291364-1824635971714777308?l=journal.dhs.gov
    http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?d=yIl2AUoC8zA (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=RBHzjpmLkYI:knrlY4jnSt4:yI l2AUoC8zA) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=RBHzjpmLkYI:knrlY4jnSt4:V_ sGLiPBpWU (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=RBHzjpmLkYI:knrlY4jnSt4:V_ sGLiPBpWU) http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?i=RBHzjpmLkYI:knrlY4jnSt4:F7 zBnMyn0Lo (http://feeds.feedburner.com/~ff/DHS_LeadershipJournal?a=RBHzjpmLkYI:knrlY4jnSt4:F7 zBnMyn0Lo)
    http://feeds.feedburner.com/~r/DHS_LeadershipJournal/~4/RBHzjpmLkYI

    More... (http://feedproxy.google.com/~r/DHS_LeadershipJournal/~3/RBHzjpmLkYI/commandants-change-of-command.html)



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  • meridiani.planum
    12-31 01:03 AM
    Ist Question
    I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
    I will really appreciate the help.


    I am about to ask my lawyer also for a quote on this. Does that 2k include your dependents also? (Also, I am assuming its for everything, including MTRs, RFEs, Appeals, help with contacting senators if needed etc. that is right?). Does it also including filing for APs and EADs, or would those be all extra (USCIS fees would ofcourse be separate)





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  • coopheal
    11-07 06:51 AM
    Contribute now so that IV dont have to pass an opportunity during lame duck session or early next year.



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  • ssss
    11-14 12:36 PM
    I just received all the receipts for I-140/I-485/I765/I-131 from TSC.
    As some stupid questions:
    - I noticed a number above my name: A0xx xxx xxx. Is this an alien number?
    - If so please someone explain since I have my PD on 04/24/2001 I never noticed this number (I might be wrong). It is something good or bad or what this number mean?
    - Also, just to have an idea, after all are approved (hopefully without unexpected delays) how long until I have that plastic card GC in my hand?
    - any small clue will be greatly appreciated.
    Thanks.

    If you have a approved I-140 and your name check completed you can expect GC soon. If not even with older PD you need to wait for I-140 to be approved to get GC





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  • lax999
    08-11 12:43 PM
    My Info:
    PD: 05/2006
    RD: July-02-2007
    I140 Approved in 2006



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  • desi3933
    08-18 09:12 AM
    Gurus,
    Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".

    The reason specified in the letters:
    - Section 203(b)(2)(A)
    - 8 C.F.R 204.5(l)(3)(ii)(C)

    ........

    Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."

    The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.

    I have written many times on this issue, please refer to my old posts for more details.

    ______________
    Not a legal advice.





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  • gk_2000
    08-03 09:50 PM
    Let me try to make a humble suggestion here - why don't you try writing a really short and direct letter, so that even the laziest guy cannot help but read it?

    For example:

    Respected Mr. Senator

    I would like to draw your attention to the bill <blah blah> which is very important from the point of view of people waiting in line to be legal immigrants

    I wish that you lend your valuable support to this bill as it will help eliminate the backlogs and delays in issuing green cards to people from retrogressed countries like myself. This is essential to ensure that all people are treated equally irrespective of their country of birth

    ...
    Even if he reads just the first para it will be clear who we are and what we want..

    Or call them up if possible



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  • java4yogi
    09-03 04:12 PM
    We have the 797 approval with us now. I'll try to checkout if we can apply for the SSN.

    Thanks a lot guys for responding so quickly.





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  • vallabhu
    07-30 05:30 PM
    this spring�s defunct immigration bill partially replaced with a skills-based system.

    This statement is confusing between SKILL BILL and Point based system bill.

    I cannot make which one he has in mind for us, can you guys comment.





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  • desih1b
    04-06 02:53 PM
    I am sorry, you are eligible for the emergency appointment because You are returning worker on h1b. But sometimes you dont get any slots in emergency appointment also. thats the reason i advised you to email to chennai consulate.

    When i went to india in last october, thats what i did. I had to leave for india because of my father-in-law was died. Because it was emergency i did not have time to take the appointment while going to india. after going, i tried for emergency appointment but there were no slots before my ticket return date. then i contacted chennai consulate (not VFS), then they gave me the date and time for the interview. everything went well.

    all the best!
    thanks





    mtsaha
    08-09 01:51 PM
    Hi All,
    Now there are 3 possibilities for "alien receipt number" that is supposed
    to be written behind my photos to be included with I-485:
    -1- the filed i-140 receipt number
    -2- a number that appears in i-140 approved letter
    -3- the A# from my F1-OPT-EAD (this is called "alien registration number for sure")

    Any more clarifications on which one of the above three is actually "alien receipt number"?

    Thank you so much!
    Mtsaha





    probe
    07-14 11:20 AM
    I travelled thru Frankfurt last december. No need of Transit visa, no hassels; though Air-hostess that hands out I-94 card did not know what AP meant. I boarded at Bangalore airport and Lufthansa staff at check-in were aware of AP. At immigration in chicago, the guy gave me a short lecture- AP should be used only for emergency purpose etc; I jsut nodded and he stamped the I-94 and AP doc

    If some one is on EB3 and waiting for their GC and only god knows when the wait will be over.Does immigration officers at port of entry expect us to wait for emergencies to travel on AP ? if not wait years or decades to get GC and travel.
    This is quite ridiculous and insane.:(



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