Sunday, July 3, 2011

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  • krishna_brc
    01-29 05:40 PM

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?

    H1 would be valid/active the moment you accept employment with H1-B sponsoring employer.
    Since you haven't started working and assuming you haven't accepted the offer from the
    H1 sponsoring employer, YOU should be fine.

    Please take advise from your company attorney.

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  • sparky_jones
    06-02 10:27 AM
    My company has put BS + 7 as the primary minimum requirement, and MS + 5 as the alternative for my position. The lawyer says that he's going to respond "Yes" to the question "Are the requirements normal to the occupation?". His argument is that for the job title (Senior Software Engineer Team Lead), and the job description (which calls for extensive experience), the requirements are normal. He says the normalcy of the requirements have to be gauged both by the quantitative SVP criteria, as well as the qualitative O*Net description of job duties. While the quantitative criteria restricts requirements to BS + 2 or MS + 0, the qualitative criteria allows for "several years" of experience, depending on job duties.

    I have seen the vast majority of EB2 cases not going over the BS + 5, or MS + 1, even though in the real world most employers will ask for much more experience. I think this is just to avoid business necessity issues. My company as well as my lawyer are sticking to the BS + 7 requirement. Let's see what happens. I either have a very smart lawyer at hand, or a very clueless one.

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  • rameshvaid
    05-25 10:46 PM
    lMy wife got RFE after this LUD, Mine and my kid's no change. Waiting for RFE details. I think since the processing time for Texas is Aug 2007 they are pre adjusting the apps, i guess.

    I too had SL on my 485 on 4/10/09 but none of my family members and nothing after that. Does this mean they have assigned my file to an IO?


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  • ramreddy
    08-18 12:06 PM
    I was not so so keen until this matter was resolved..BUT my GC got approved.
    I am separated from spouse. But when I filed 485, I was "married" because our relationship was still unstable.
    Now QUITE FRANKLY I am NOT sure what's going to happen ahead.Dont ask me why. This whole uncertainty depressed me . If I re-unite and my wife is in India and I am on GC HOW do I call her here ?
    If I divorce and re-marry how do I get my new wife here.
    In any case , I dont plan on getting more than 1 person so pl dont look at it from a gamers view.
    Thanks for ur help


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  • chsundar
    04-04 07:02 PM
    Thanks for suggestions, let me try and get back ...

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  • kirupa
    10-27 10:37 PM
    Did anyone else try converting this to plaintext before realizing it was random?
    I was about to try to decipher it before you just mentioned that haha.


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  • willgetgc2005
    04-28 02:51 PM
    Bumping up.....

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  • a_yaja
    06-05 05:02 PM
    Just want to know that is there any law
    which help to get overtime for full time employee.

    I know if you consultant you get paid by hours but not when you become full time employee.

    Overtime is paid only if you are a non-exempt employee - usually means you get paid hourly. If you are an exempt employee, then you are not eligible for overtime. Not sure if this is different in different states, but that is how it works in Ohio.


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  • B+ve
    04-09 08:55 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?


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    04-20 03:50 PM
    Thank you guys for your input


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  • vin13
    05-28 12:47 PM

    Wondering if anyone on this forum at had applied for unemployment benefits in the state PA. My wife who has a dependent AOS pending wnats to file the claim and see if it gets approved.

    on PA state Govt. website, it is asking for the Alien registration number(A#?) if the person is not a US citizen.Is it o.k to provide the A# ?? Also, since my spouse worked on 1099-Misc for a while,we don't think they are going to accept our Applictaion to provide unemployment benefits. But we just gonna try and see...

    Please advise?

    Have you done any homework before asking these questions? Have you called the unemployment office to inquire about her eligibility?

    To answer your question,

    Yes, it is OK to provide A#. Without the A# they will not be able to check on her immigration status.

    You would qualify for Unemployment in PA as long as there is a pending green card application.

    Offcourse the applicant should have earned income in the previous year to qualify.

    I would highly advise you to contact the unemployement office in your local city and explain your situation and get their advise.

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  • qasleuth
    04-13 11:26 PM
    If calling the national customer service center is of no help then I am not sure what else you can do, other than being there on Friday.

    When I googled for the location, I found two different webpages. Surprisingly, 'Application Support Center (ASC)' seems to be open on Fridays (first link) but the 'local office' is closed. ASC is in room 154 in the same building it seems. Go figure !


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  • regacct
    05-17 09:30 AM
    Took the survey, but what is the purpose of this?

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  • 123Wait
    10-25 05:58 PM
    I attended the last telecon and it was very informative. Let show our issue to the real person "Ombudsman". where things move faster!!!!

    Who is ombudsman?
    An ombudsman is an official, usually appointed by the government or by parliament, who is charged with representing the interests of the public by investigating and addressing complaints reported by individual citizens.


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  • pthoko
    07-16 01:08 PM
    You can re-enter from Canada with same I-94 and status as long as trip < 30 days.

    Yes, it resets out of status clock.

    Not a legal advice.

    Yes, it resets out of status clock. --- Even if NO VISA stamping is done in CANADA???

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  • desanar
    04-04 06:17 PM
    If individual have US degree (Bachelor of Science in Nursing) along with B. SC in Microbiology from Indian, 1 yr Medical Lab Technician Course and 18 months Lab Assistance experience. Individual is on H4 visa, based on above qualification would student eligible for H1B visa? Person does not have SSN so do not qualify to get RN license in CA state. Any useful response will be kindly appreciated.


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  • anilsal
    03-13 10:59 PM
    that is available to applicants in research (such as doctoral students). has information here:
    MurthyDotCom : Employment-Based Immigration (

    Additionally, you can always apply in EB1 Extraordinary Ability if you have outstanding qualifications (almost matching that of a Nobel Prize Winner or you are the top of your industry).

    EB1-EA tips ( (<= Look here for tips)

    Just a mere Doctoral degree does not get you qualified for EB1. You need the publications as well as recommendation letters from industry experts. :)

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  • sangfroid
    01-17 04:43 PM
    well that is what I am saying.

    The job says it needs a person with Bachelors degree with 5 year of experience in servers and also 3 years of experience in network security.

    I met those both criteria before I joined the job.

    Now the question arises, which one I fall under ? EB2 or EB3 ??

    The HR/Lawyer has to decide the category, you can't. The job category is based on what the job requires, not what you have. If you have 20 years of experience but the job requires just BS, it falls into EB3. Good luck.

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  • chanduv23
    10-20 09:10 PM

    Like me all July filers would get off the H1-B hook come this Jan. I am assuming everybody would use newly gained freedom of EAD to switch employer or jobs. So far, not many employers like to get involved in H1 hassels ( espcialy in midwest), so recruiters had good business by hiring engineers at low rate and syphoning off majority share of the pay check.

    But now, with 180 days (less than 75 days) limit over, all EAD holders are free to switch employers of jobs ( I know in same or similar capacity ... but that's not the point). The point is what would be the effect on current business contracting companies have? What would be the effect of EAD on their cost models and consistent revenues?

    Not saying they would cease to exsist, as H1B's would still need them. But isn't new and bold demands from engineers like me going to affect their margins? ...What do you think?

    It is true with Tri State hiring agencies also, all top tier firms with direct clients are trying to reduce layers by directly enrolling you on EAD - so come January - we will see a lot of people jumping.

    Thsi is healthy for the candidate. H1b shops will have their own ways of doing business and will deifnitely see some challenge

    08-16 12:39 PM
    My friend will come from India on H1B first time to Atlanta Air port this weekend. His H1B was approved for year 2008 and his stamping was done in early 2009. His H1B is from small desi consulting company. What kind of questions he may face? Any inputs will highly appreciated.

    My friend did not face any issues at POE .

    06-13 11:00 PM
    As usual to complicate decision making.... :mad:

    Today PD (aug 2006 / EB3) is now current :) and I have my I 140 approved.

    I also have another job offer which looks great. :confused: But they will start GC only after 3-4 months!

    Should I just stick on to my current job and ride it out for 6 months to get EAD?

    When does one get EAD 3 months after filing 485 or after 6?
    Also if the dates retrogress, will 485 get approved? or Should the date remain current till 485 gets approved?

    A bird in the hand is better than two in the is upto you...

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