Monday, June 13, 2011

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  • waiting4gc
    08-20 12:58 PM
    As far as possible, I would strongly suggest to stay away from small consulting companies. These typically pay you only when you are on project and that too after taking a huge cut from your billing rate. For e.g. it is very common for such a company to bill $80-100/hr i.e. $160-200K annually for an employee but pay the employee between $50-70K only.

    Also I have heard horror stories of delayed payrolls, h1 not being given to employee fearing that the employee might change jobs and so forth.

    However if you are strong of heart, and can negotiate well, you might be able to make more money. For e.g. if you already have EAD, you are not bound to them. Thus you can always say that you want 80% of billing rate or else no deal. :)

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  • shana04
    02-17 04:24 PM
    Can I invoke AC21 by using H1-B transfer?

    Enjoy your life, but do it careful.

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  • desi3933
    06-25 07:24 AM
    Got this from the Chennai US consulate website.
    I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

    B-1 in Lieu of H
    Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

    Hold the equivalent of a U.S. bachelor’s degree
    Plan to perform H-1B-caliber work or training
    Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
    The task can be accomplished in a short period of time.
    These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

    Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

    Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

    When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

    If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation “B-1 in lieu of H.” These visas may not be used for pleasure travel.

    The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler’s duties, length of stay and remuneration plans.

    >> When seeking a visa for this purpose, please clearly explain this in the applicant’s BEP cover letter.

    This is the key here. One must declare that he/she will perform H1 like work at time of seeking short term B1 visa.

    Not a legal advice.
    Green Card holder since May 2002

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  • snathan
    03-23 08:04 PM

    My first H1-B visa expires in September 2009. I was going to have my company file for extension exactly 6 months before the expiry date until I found out I cannot travel out of the U.S. while my extension application is pending. I have a trip planned in July.

    My company attorney recommended that I put off submitting the extension, go on my trip and apply as soon as I get back.

    Is there any risk associated with doing this? Or is it better to apply as soon as I can at the 6 month mark?

    Thank you,


    I never heard of this...Last year I applied for extension and had to travel for family emergency. But I got the approval without any issues. Might be just lucky?


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  • styrum
    02-13 11:50 AM
    Remember: for Job Zone IV position requirements to be considered "normal" (highly advisable to keep them as such!) AND be suitable for EB2, the position must require MS and 0 yrs of experience. But the applicant may have BS+5 years of experience (then you will need reference letters from PREVIOUS employers) to qualify for such position and EB2. For a position falling into job zone V you can safely require MS+ experience. Nobody will deny the application if you are overqualified (have more years of experience than the position requires), but make sure you have at least as many, and remember you can't count your experience acquired with the same employer who files the PERM! D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
    (if the link above doesn't work, go, then Services & Benefits > Employer Information>EB-2 Eligibility and Filing)

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  • gogal
    01-03 10:42 AM
    Does it mean that the full case will be covered in 15 days or till the query is send if any... Hope i am being clear..
    What my concern is after the query is send and replied, still the 15 day limit stays or it loses that and goes back to the normal processing.



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  • invincibleasian
    03-02 12:22 PM
    Hi All,

    I have been following the postings on this forum. I appreciate all the hard work the core group is doing. I also appreciate the active participation by all members in answering/discussing the forum topics.

    I have contributed a one time $200.00 in support and would contribute more and request every one to support in there capacity.

    Every one needs PR status, but in my case, the need is more for my wife, because of the reason that she wants to pursue her medical residency here.

    I sometimes wonder and sometimes I feel like going back to India, work for my present company for 1 year, come back here on a managerial/executive position on L1 along with my wife and apply for Perm in Eb1 cat...this said is all my thought!

    This would enable my wife to get work permit as L1 dependent and an eventually a residency position in a good univ and a current 1-485 status.

    Only thing though is my wife would need to attend interviews.

    Any suggestions/feedback will help me and all other people in this situation.

    Thank You,
    The 116

    Medical institutions will apply for a H1 for her. Dont waste any time. She can start applying ofr residency as soon as she completes her USMLE part 2 and then start preparing for part3 good luck!

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  • pappu
    06-02 10:58 AM
    I still no access to the donor forums for me. I've already sent 3 emails per the thread above. Is it really such a big deal to grant access to donor forum??

    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.


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  • nixstor
    09-27 02:11 PM
    Lou Dobbs need to talk to Heenan and not the vice-versa :)

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  • teachamerica07
    09-04 04:58 PM
    Yes. Reenter on AP .


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  • roseball
    02-20 06:35 PM
    It is not a Valid Birth Certificate for USCIS

    Just an FYI, I applied my wife's I-485 with the Birth Certificate issued by Indian Embassy in Houston, TX....I went there personally and got it issued the same day...They issue it based on the DOB in your passport...Then later I got her BC done from the local municipality along with affidavits from her parents...I sent them to my attorney and he said he will only send them to USCIS if they send a RFE asking for the same.....He said its of no use to mail them without an RFE as they will lose them.....My PD is EB-3 India Nov 2003, and I haven't received any RFE so far regarding her BC...

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  • risksk8board
    01-18 05:05 AM
    very impressive.


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  • invincibleasian
    01-14 07:52 PM
    You need visa to enter or exit. When you exit you need to turn in I94 on the pp with the stamp of your entrance as well as your new extension. On entrance they will check the old visa and write down the visa number on the new I94 that they officer will provide. The I94 usually has the visa duration as the end date. Next you apply for an amended h4 to reflect the new I94 number which was provided at the POE. Asfar as I know the I94 date is always linked to a visa and not the Notice of Action. when i faced the same issue this what I was told.

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  • skpanda
    05-17 07:03 PM
    This is a tricky situation. I would suggest you consult your attorney.

    Since one of your parent's is Indian citizen having a Birth place Nepal and Obtaining an Indian Passport is a valid situation. There are many people who are born outside India for various reasons. Their Indian citizen parent(s) can get Indian citizenship for them.

    In my opinion, you should change the place of birth in your passport as Nepal (provided you have proof). This way, it not confuse USCIS. Remember no matter which Citizenship you have, your place of birth is what determines the Chargebility.

    Once you are able to change the place of birth on your passport and show Birth Certificate from Nepal you are good to go!!

    Please update here about any new developments in your case!!

    All the very best!

    Thanks Nathan for quick response.

    But what do i need to do? Do i have to change my place of birth in my indian passport? Can i have "Nepal" as place of birth in my indian passport? Do i still remain indian citizen or would it be considered a fraud? I think, my parents put india as birth place, so i dont face any difficulty in india. what does Indian constitution say about citizenzip?

    Are there more people like me here? who were born outside of india, but are Indian citizens?

    Thank you for help


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  • nni123
    10-09 05:26 PM
    Leave Nov visa bulletin, I am more interested in November pay check, thank to this economy.

    I like that a lot and very true

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  • paddy.
    02-04 05:38 PM
    I don't think your design skills are quite good enough yet to be starting a studio. No offense but I think you'd be better off with a bit more practice before you step out in to the world of the design industry.


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  • optimystic
    09-15 11:58 AM
    There's actually two more


    F Cube campaign:

    You dont have to discuss all of these...but if there is any good thoughts/ideas you could extract from the above threads , that would be good enough.


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  • abhaykul
    03-28 10:58 AM
    You may have submitted your papers in Jan 2007 but make sure your lawyer forwarded it in Jan 2007. Check for the date Received on the approval notice.

    For my recent H1B extention for 7th year extention, I have come across strange situation.
    My old H1B was valid till 5th Feb 2007. Extention was applied in Jan 2007 with approved I-140. Recently I have received approved H1B extention with new I-94, but it states validity is from 22 March 2007 to 5th Feb 2010.

    I thought the extention should have been from 6th Feb 2007 to 5th Feb 2010.

    what should be infered from above ? Does it mean that I was out of ststus fron 6th Feb 2007 till 21st March 2007.

    I would appereciate any input on this.
    If this makes me out of status , is there a way to fix this by contacting USCIS again ?


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  • delhikadesi
    05-03 10:00 AM
    thats bad to hear beautiful mind..
    sometimes we say things without the complete context...

    in that case you deserve to be eb2

    November 21st, 2005, 11:07 AM
    I vote for Three.

    07-29 07:36 PM
    Ann as always you are so upto the point and quote a valid source in your reply. Thank you so much.


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