Sunday, June 12, 2011

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  • RDB
    09-26 10:56 AM
    I am not sure if every state allows this but I know this is true for California. There are different reasons for taking this leave. If you had a baby - For a mother, it is 12 weeks, partially paid by the state and for a father it is 6 weeks partially paid by the state.

    If you have worked with your employer for atleast a year, you can also avail FMLA leave for 12 weeks (unpaid) without any issue. All the employers with 50 employess or more are supposed to follow this law.

    http://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993




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  • cableman
    08-07 11:50 AM
    Hello Gurus,

    I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2

    Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.

    I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available

    Thanks in advance
    Kukitron

    I understand your pain. I have master and over 8 years experience. For some reason, my company filed my applicaiton for EB-3 *&@#$%^ :mad: I don't understand their intention. I asked HR why and they answered that this was "Company Policy" *&@#$%^ :mad:

    I am also actively looking for a new job which will file EB-2 for me. Let's wish both of us good luck!!




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  • jsb
    09-16 03:20 PM
    Why even this discussion. there are many who no longer work for the sponsor even before getting the GC. What do you think happens if they find out? have you heard of anybody whose GC was affected?

    There is no such true limit. The essence is that the sponsor should have had genuine need to employ you at the sponsoring time. Circumstances can always change. For example, AC21 allows people to move to different employer after 180 days of filing. If there is nothing to indicate fraudulent intent everything is good.




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  • pd_recapturing
    09-24 10:20 AM
    My 485 app was received on July 18 at NSC, no checks cashed yet. EAD/ AP recieved on Aug 10 at NSC, got RN for EAD and AP. Is there a possibility of getting EAD card, even if 485 was not filed? One of my freinds was under the same situation, and she and her spouse got the EAD from TSC, without 485 filing.
    This is strange. Without cashing the check, how can they process the applications ?



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  • GCNaseeb
    10-31 09:29 AM
    The nearest USCIS office is 70 miles from my home zip code. Is it ok if I schedule Infopass from my work zip which is less than 10 miles?




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  • shilpianand
    11-03 01:32 PM
    Stop asking dumb questions over and over again janta.nath



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  • Dhundhun
    05-31 12:51 AM
    I e-filed my EAD renewal yesterday and got the reciept copy.

    Now what are the documents i should send USCIS? Do you guys have the list of documents to be mailed for EAD renewal?

    We have couple of threads covering it.
    1. Copy of I485
    2. Copy of both side of EAD (and for faster processing, upper part of mailer, in which EAD came)
    3. Copy of Passport Photo page and last Visa Page (Serves as federal id)
    4. Copy of DL (other id)
    5. EAD filing receipt copy

    In one or two business days, you may be able to see on line status and LUDs. Soon you should be receiving paper receipt followed by FP notice.




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  • TheOmbudsman
    09-01 04:16 PM
    My favorites are "The Bee" and Learning01.

    me too. I am a big fan of bee, logiclife, sunjoshi.



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  • eagerr2i
    08-29 04:11 PM
    I had asked this question to the immigration lawyer at IV. She said that if you are working for the same company at their offices aboard & go for Consular Processing ( it is the only option as you can not go 485 route) it should be just fine. However, if the company that you are working for when you are abroad and the company that did your GC are not the same thenit is almost impossible to prove that the job exists when you arrive in USA after CP.




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  • rpatel
    08-14 03:38 PM
    I went through the same ordeal about a year and a half ago. After unsuccessful attempts to buy it on my own through internet companies, I went to a good agent who got me a 20 year term life policy with a AAA rated company for about $220/year for a 500,000 coverage. Basically, I got the same rate an US citizen would get. I would advise you to go through an agent, they can do multiple quote and many are knowledgeable about H1 visas and the best thing is you don't pay any thing extra because the agents get their commission from the insurance companies. Hope this helps



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  • chantu
    02-19 07:19 PM
    I think if you have H1b sponsor and lucky to get in H1b quota then I don�t see any problem. Your GC is for your future employer. Check with ur legal consultant.

    Thanks vactorboy!




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  • Robert Kumar
    02-26 11:31 AM
    What happens if premium processing is done at this stage.

    Will premium be allowed in the 1st place, through:
    1. Same company.
    2. Different company.



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  • gcpain
    05-20 03:59 PM
    1. If ur attorney is an AILA member, Check ur status through AILA
    - My attorney sumited request today. Same time will there be any reference number for this request to ask my attorney? Do you guys know how much long time it takes to get status?

    2. Call the USCIS customer service and submit an SR request
    - What is USCIS customer service number? what SR request I have to submit? Please elerobate little more.


    All you Immigration gurus, please advice. Thanks in advace fot you all.




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  • hoolahoous
    07-15 01:43 PM
    thats weird!
    watchout buddy, some chick working at USCIS might be attracted to you and wants to get your new pics for every application you make.... :D

    dang !! if know the chick, I will send my video next time.. maybe I will get green card !!
    actually some people I know recently got their green card even though their PD was not current.. I will ask them if they sent their video.. LOL !!

    But it is really alarming.. USCIS seems to be making rules on the fly.. what next ? you need to send paper applications in different colors next time ?
    It is really not very funny when you have to leave your job because your EAD god delayed because of this new 'rule'.. happened to my cousin. he had to leave the job because EAD got delayed. not only that, since he is working at hospital, his residency got extended for delayed period when he was not working.. not fun ..

    vin13
    in cousin's RFE the reason by USCIS exactly said that they had used the same photo in visa so they need to send new photos. My attorney also said recently he has seen USCIS asking for 'unused' photos in most of the cases, that's why he is requesting new photos from all his clients.



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  • ksg09
    11-11 12:11 PM
    Hi, I have got my GC couple of months back, planning to start a restaurant business and want to leave my current employer who sponsored my Green Card. Is it fine to leave my employer and start a business? Does it creates any problem in future when I apply for citizenship as Im into different field.

    Please do advice accordingly as I need to take decision based on that.

    Thanks in advance




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  • ksrk
    01-07 08:37 AM
    Hi,

    I and my wife got AP's issued on Feb 4th 2008 with Validity till Feb 03 2008. We went to India and I returned on March 23rd and my Wife on April 20th, so at the port of entry we entered thru AP. On I-94 and AP officer stamped "Paroled till March 22 2009" for me and "Paroled till April 19th 2009" to my wife.
    Now my question is: my wife wants to visit India soon in Feb 1st week and return before April 1st week, does she need to apply for a new AP or can she use the existing AP at the POE? Would there be any issues? Please suggest.
    Also, In case if she stays for long, can I apply for a new AP for her when she is in India?

    Thanks in Advance.
    AJ

    Think of AP as a visa (like the H1B) - it is only a document that allows you to "apply" for permission to the US at the POE. The date that your wife returns, the AP should be valid. If her return is in April, her current AP would have expired and she won't be able to use that document to the enter the US.
    And the applicant needs to be in the US when the AP extension is filed. If that is the document your wife is relying on to return to the US (meaning she doesn't have a valid H or L visa stamp in her passport) she needs to get that in hand BEFORE she leaves for India - hence the term "Advance" Parole.

    Now, if she has an H or L visa in her passport that is valid beyond her return date, then she won't have any trouble returning to the US.

    murthy.com has a good article on this exact point this week...check that out too for further clarification.



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  • funny
    09-16 12:22 PM
    It happened to me as well, Last year my denied my Wife AP the Reson was that her 485 is approved, we send them the letter that its not the case and it was a mistake.....In the end we had to re- apply. I wonder if they can Print it on the same day in case of an emergency, why can't they give you the one which is already approved....weired people ...weired USCIS...




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  • GreenCard4US
    03-20 04:57 PM
    http://www.hindu.com/thehindu/holnus/000200903210312.htm
    Saturday, March 21, 2009

    Washington (PTI): In a blow to Indian professionals, the U.S. on Friday announced additional measures for hiring of foreign specialists under the H-1B visa work programme making it more difficult for the companies receiving federal aid money to hire overseas workers.

    The U.S. Citizenship and Immigration Services (USCIS) announced the measures to enforce the provisions of the new Employ American Workers Act (EAWA) of the American Recovery and Reinvestment Act, which prohibits hiring of H-1B visa holders by American companies who receive the federal aid money. Indian nationals account for bulk of the coveted H-1B visas.

    These measures come about ten days before the USCIS starts accepting petitions for new H-1B visas for the fiscal year beginning October 1, 2009.

    "Under this legislation any company that has received covered funding and seeks to hire new H-1B workers is considered an 'H-1B dependent employer'.

    All H-1B dependent employers must make additional attestations to the U.S. Department of Labour (DOL) when filing the Labour Condition Application (LCA)," the USCIS said.

    "USCIS reminds petitioners that a valid LCA must be on file with DOL at the time the H-1B petition is filed with USCIS," it said.

    This means that if the petitioner indicates on its petition that it is subject to the EAWA, but the Labour Condition Application does not contain the proper attestations relating to H-1B dependent employers, USCIS will deny the H-1B petition, the statement said.

    Besides, the USCIS is revising Form I-129, Petition for Nonimmigrant Worker, to include a question asking whether the petitioner has received covered funding.

    USCIS is expected to post this revised form on its web site in time for the next cap subject to H-1B filing period that begins on April l.

    While USCIS encourages petitioners, whenever possible, to use the most up-to-date form, USCIS will not require use of the revised form in time for the start of the filing period for fiscal year 2010, it said.

    At the same time, USCIS urged H-1B petitioners who have already prepared packages for mailing using the previous Form I-129 (January 2009 version) to complete only the page in the revised version of the Form I-129 (March 2009) which has the new question on EAWA attestation requirements and to file this single page with the prepared package.

    USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status.

    The EAWA also applies to new hires based on a petition approved before February 17, 2009, if the H-1B employee had not actually commenced employment before that date.

    However, EAWA does not apply to H-1B petitions seeking to change the status of a beneficiary already working for the employer in another work-authorised category. It also does not apply to H-1B petitions seeking an extension of stay for a current employee with the same employer.




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  • newbie2020
    06-12 07:11 AM
    Now as mentioned by multiple people some things are not clear

    Here is my situation:
    a. H1 Expires Dec 31 2008
    b. Perm applied 02/2008 and approved 04/2008
    c. I-140 applied and pending since May 2008

    As you can see i have a gap of over 2 months between H1 expiry and 7th yr extn.

    Given the scenario above should i wait until Nov 1 to apply PPS for I-140 and then apply for H1 extn??

    given the time taken for H1 extensions (regular) my employer may want to apply for H1 extension atleast 3-4 months prior to expiry.

    Any thoughts...




    priderock
    05-02 12:46 AM
    Link : (http://judiciary.house.gov/media/pdfs/Kaplan070501.pdf)

    Very interesting read.




    GreeNever
    02-08 02:23 PM
    How about leveraging the Ministry for Overseas Indian Affairs too? Though the content does not necessarily reflect conditions in US, it still seems to be bang on here (in light of Pres.Bush's impending visit to India) :



    ........
    New Delhi: Problems being faced by Indians working abroad will receive special attention, Minister for Overseas Indian Affairs Vayalar Ravi said listing his priorities as he took charge of the ministry in New Delhi on Monday.

    Ravi, whose assumption of charge as Cabinet minister is expected to lend high profile to the year-old ministry, said he would also make efforts to bring "further improvement" in the functioning of Indian missions abroad in relation to workers.



    "Indians working abroad do face problems. There are persisting problems. My first priority will be to look after their interests and protect them," he told reporters.

    Observing that about 25 million Indians were currently working abroad, he said the problems are particularly faced by Indian workers in Gulf countries.

    The minister said addressing the issue would include sensitising the missions with regard to problems of Indian workers.

    "Although the complaints [about attitude of the missions with regard to immigrant workers] have come down, there is a need for further improvement in their functioning," he said.

    Emphasising that his ministry would be working with the external affairs ministry, he said he would make efforts to ensure change in labour laws in the countries where Indians are working.



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