Kama Of Kingstone

bkarnik , I agree ...but ABC USA and ABC Canada are two totally seperate companies for immigration/H1/GC purposes.

When working in US --- ABC USA will have to pay US wages per H1B LCA, ABC Canada doesnt pay
When working in Canada -- ABC USA pays nothing, ABC Canada pays

Tax implications are complex :) but as far as I know, If taxes are being filed in US, Worldwide Income will have to be reported on the 1040 OR else file 1040 Non-Resident in which you can report only the US wages.

!!! Ask a lawyer and a tax advisor !!!!! better be safe than sorry .... but I believe that the scenario described is justifiable and legal

I believe that could be a problem. If your Company is paying you in Canada, but asking you to work in the US I am not sure if your H1 would be valid. Per my limited knowledge, H1 can be sponsored by an employer having a business in the US. I am sure this is an issue that is a clash between the tax laws and the immigration laws. I would request you to submit your question for the next attorney call and hopefully we get an clear answer.

.....
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. .....


Three things here -
1. For eb-2, bachelor degree must be "single degree" and not a combination.
2. NIIT is not a recognized diploma in India and therefore has no value.
3. For eb-3 also, your labor MUST be worded in a way to allow combination of degrees. In that case also, NIIT diploma can not be used.

Even if NIIT diploma was recognized, you would have issues since NNIT diploma is not "post bachelor" but done "along with" bachelor degree. So it can't be combined.

You should consider discussing with your attorney the option of filing labor for "eb3 skilled labor" with associate degree requirement.


________________
Not a legal advice.

I think it is a mistake to assume that EB2 category can be determined by wage levels
Mine is Wage level -II but I have a masters from the US. It all depends on the job requirement.
Also, I know a person who is wage level-III but is EB3.

Further explanation can be found at http://www.flcdatacenter.com/skill.aspx

What you did was technically , not an appropriate step. It is clearly mentioned on AP that it is not intended to circumvent the visa process and this is exactly what you did. Either you should travel on AP OR apply for visa and wait for the visa. One of my friends did this and POE was not happy with it. So one should use AP very carefully.

Circumvent a visa does not = with the fact that one's H1 visa petition is pending for long and uses AP to re-enter. There is nothing wrong with this. Entering on AP instead on H1 is not 'circumventing visa.' Once he receives an email that his H1 can be issued, he can go back, get h1 and re-enter without any issues.

HEY.......YOU CAN'T DO THAT!!!!!!!!!!

Well fine, if you want to play like that.....

SPAM*(INFINITY*(INFINITY+1)*(INFINITY^INFINITY))

:::Runs and ducks behind a building in a dark alley, gets mugged by some thugs:::

:::evil chuckle is still heard, but is much fainter than before:::

Start worrying about LC approval notice and start working about AOS.

Aaj kal nav jawanoku, ye kya ho raha hi?

What?!

Well, good lawyer or bad lawyer, everyone here knows, that they never reveal the true story of what and where the company messed up.
I want to just find out that, if I transfer to a new company with 14 months left on that 6 year limit, do I have enough time to transfer H1, file brand new Perm, file a brand new I 140 , get approved, and get three year extention instead of on year? a small window for timing here. Should I stick with the same company?
Any input is appreciated.
thanks.....

Hello GC_Chaiye,

Thanks for your reply. The consulting firm is saying that they have sent it to DOL before July 15 and are waiting for the reply for the Substitution( I really doubt the legality of that statement). In case if there is a provision then How can we check the status of it?

MY friend has to bear the expenditure for the I140. He just came back to US after 5 months and would like to know weather he can spend 1500$ on this unrealistic Labor.
thank you

I dont think you can check LC status on your own by just calling up DOL, the petitioner (the employer) or their representative can. See if they'll atleast give you a case number that you can try your luck with.

Atleast with PERM you typically need to sign the LC and send it alongwith the I-140 application. Ask for a copy of the approved LC. Also, ask if they are ok with you using your own attorney for this (its worth the expense).

Thanks for your responses.

One last question.

After printing the application form, I see that the photograph size is 3.5 cms * 3.5 cms that the consulate requires. But when I check for the passport size photo in walgreens it is 2 inches * 2 inches. Is it fine if I send 2 inches * 2 inches photo or should I cut exactly 3.5 cms * 3.5 cms and paste one in the form and send the other 2 ?

Thanks.

Hi maverick_iv and smuggymba - thanks to you both. between you two, all my Qs are answered.

I will mail the app and then go visit the embassy after 10 days - i think that will be more effective.

Thanks.

> ***If you don't sign, that means no snacks
LOL:-) Thanks for making my day!

NORCAL, see you there on Sunday!

I think if iam not wrong its not based of the priority date or anything else. Its just random

They are not random. The do have some logic.

At every center cases are filed in order they are received (at least that is what they claim). "Received" does not mean in order of RD you see on your receipt. It is when physically a center accepted your paper case, and decided to enter in the system. PD plays role only for casesfrom retrogressed countries (EB and FB, both). For majority of cases, it has no relevance. PD of cases is nowhere maintained in the system (at least until a case is looked at the first time, which is sometime referred to as "preadjudication"), except on your paper filing. When your file turns out to be next in que for adjudication, in order or receive date (as defined above), the IO has no idea about your PD. Physical file is processed and checked for docs (birth certificates, photos, etc. etc.), AND the PD. At this time you might see a LUD. If nothing further progresses (due to PD not being current) LUD remains a soft LUD, and your case is put aside. If by luck your file was seen when your PD was current, you get lucky and get a GC (and several hard LUDs). PD sequence and received date sequence have no relationship, that's why the whole process seems random.

Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).

So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )

Did you work during this period?

I got in the habit of reformatting cards after a few episodes of returning a card with pix remaining to a different body and having it reset my numbering system. It's not uncommon to download cards from more than one body at a time. It's easier for me to format than to keep track of which card(s) came from which body.


I use (in order) a blower, an arctic butterfly, a lens pen. I check before going to the next step and try to get the job done with the least intrusion.

hey guys

my company has their own lawyer who does all the immigration work. As part of 485 document preperation, they made me sign the forms granting him authority to deal with my case.

Now if i change company after six months, can i take back control from old company lawyer to myself? How many ways they can trouble me?

Any advice is appreciated!!!

Kiran

Great news: IV core is supporting the flower campaign - see this thread (http://immigrationvoice.org/forum/showthread.php?t=6191). :)

We have until tonight to place in the orders so that the flowers can be delivered on Tuesday.

Everyone who kept the faith - thanks and lets continue sending emails or calling people to let them know about it.
People who said that they will send the flowers only if IV core supports it - please send flowers asap.

BTW, I am curious as to who first proposed this idea.

I think Employement Letter is one of the documents needed as Initial Evidence. So I think it is a must. Please refer to I-485 form at following location:
http://www.uscis.gov/files/form/i-485.pdf

My lawyer sent all documents to uscis and reached uscis on July2nd except my employment letter.Do uscis accept my package and give receipt notice or reject the whole package.Any suggestion please.Thanks

Folks,

I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.

Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :

Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?

You need to schedule an appointment for a visa interview through our website www.vfs-usa.co.in or at a visa application centre nearest to your area of residence.

Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?

I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.

Ganesh.
ps: I can't get appointments before June in Canada or Mexico either. :(

I hope you don't mind but with about 20 minutes in photoshop...

:D

Great!!!

I have couple of questions

1. There is question "Have you ever applied for Online Authorization form USCIS". My answer to that is yes. But in the "Date of application" what should I write. It should be the date on which EAD was issues from EAD card, or date which apparead in receipt notice.

2. Also there is question "Please provide information concerning your eligibility status:", what should I provide in that text box.

Please suggest.

Got a IO who was very detail oriented. She was good. According to her they are processing cases filed between June 16th and July 16th 2007. My name check is not cleared but she told that they have been updated on the new NC memo. Name check not required to approve an application, At this point of time , they are trying to approve old application with NC pending who have visa number available.