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  • Leo07
    06-08 08:12 PM
    Hello There,

    The division that I work for in my company is being acquired by a company B. Not the entire company that I work for, just the one division.(including set of products)

    I have applied for my GC in Jun 07( ironically 06/08/2007), labor & i-140 are approved, waiting for dates to be current.

    In this scenario:
    a. Do I have to go through the entire GC process again with new company?
    b. Do I have to refile 140 ( labor?) I know H1-b will have to be refiled and they are aware of it.
    c. is there anything that must be added to the 'closure' document as part of the deal, that will help GC transfer smooth( deal is not closed yet, so such clauses can be included still)
    d. Should I stay with my current employer?

    Please all your suggestions are welcome.


    Best Regards,
    Leo07




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  • Blog Feeds
    07-09 12:30 PM
    AILA Leadership Has Just Posted the Following:


    Senator Sessions cannot leave his hands off of E-Verify. Now in "stealth" mode, Senator Sessions has slyly introduced an E-Verify amendment (SB 1371) during today's full Senate vote on the DHS appropriations bill.

    The Sessions amendment calls for a permanent reauthorization of the Basic Pilot/E-Verify program, and mandates its use for all federal contractors and subcontractors - including the verification of all existing employees. This amounts to a massive expansion of a program that is still not ready for prime-time.

    We must call our Senators and tell them to oppose this sneak attack by Senator Sessions for the following reasons:

    It would impose exorbitant costs on businesses at a time when our economy is most vulnerable:


    An economic analysis commissioned by the U.S. Chamber of Commerce
    concluded that the net societal costs of the program would be $10 billion a year
    � a cost that would be felt disproportionately by small businesses. It would make Basic Pilot/E-Verify permanent without addressing its well documented database inaccuracies:


    A 2007 independent evaluation of the program commissioned by DHS found that
    the Basic Pilot/E-Verify database �is still not sufficiently up to date� to meet
    the requirements for �accurate verification.�



    SSA has estimated that if Basic Pilot/E-Verify were to become mandatory and
    the databases were not improved, SSA database errors alone could result in 3.6
    million workers a year being misidentified as not authorized for employment.
    This would result in 6 out of every 100 workers having to visit an SSA office to
    correct their records or lose their job.

    It would force workers and businesses to pay a high price for Basic Pilot/E-Verify's inaccuracies:


    Queries submitted to Basic Pilot/E-Verify by Intel Corporation in 2008 resulted
    in nearly 13 percent of all workers being initially flagged as unauthorized for
    employment. All of these workers were cleared by Basic Pilot/E-Verify as
    work-authorized, but only after �significant investment of time and money�
    and �lost productivity.�We urge all AILA members to call their Congressman today and oppose the Sessions amendment (SB 1371). Don't let Senator Session's stealth tactics create a nationwide crisis for employers!

    https://blogger.googleusercontent.com/tracker/186823568153827945-5839069238864574507?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/07/there-he-goes-again-sessions-and-e.html)




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  • krishnam70
    05-06 06:03 PM
    Folks:
    Need advice on my birth certificate matter.

    I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
    My father's name and mother's name is not spelt exactly the same as in my passport.

    Example:
    my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
    my mother's name has only her first name and not her full name. aaaaa

    My passport has thier correct full names.

    What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?

    OR am I preparing for no reason?

    Thanks for all your help,

    Silverfishy
    You never know with USCIS

    1. Try and see if you can get a corrected Birth certificate with the correct names issued.
    2. Try to get affidavit's from your parents that they are also known by the name's present in the passport and birth certificate
    3. Try and get any/all kind of supporting documentation to support this fact including any affidavits from other relatives ( elder people than your parents)
    5. Official documents that establish you to be related to them and also any other documents that show that both the people are same.
    6. In case of your mother's last name not appearing the certificate try and contact the municipal admn and see if they issue a new certificate which contains the correct name and with that an explanation letter that the records stand corrected or whatever
    7. Secondary evidence like - your educational transcripts that contain your father's name
    8. Official identity cards( voter registration etc) that prove the same

    basically any document that establishes the link

    good luck
    -cheers
    kris




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  • Blog Feeds
    01-20 07:00 AM
    H1B Visa Lawyer Blog Has Just Posted the Following:
    Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.

    Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.

    BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.

    Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.

    Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (http://www.h1bvisalawyerblog.com/Prevailing%20wage%20Request%20FORM.pdf).

    Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
    U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
    Attn: PWD Request:
    1341 G Street, NW
    Suite 201
    Washington, DC 20005-3142

    In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.





    More... (http://www.h1bvisalawyerblog.com/2010/01/update_on_the_federalized_proc.html)



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  • kumarr
    04-08 01:03 PM
    I just noticed on USCIS website that all 4 of our family's I-485 (myself, wife, 2 children) have new LUD of 4/1/2009.

    The message still says "case received and pending" on all cases.

    I wonder what it means?

    Thanks.




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  • giddi_raja@yahoo.com
    10-08 10:12 PM
    Dear Friends,

    I have changed my employer after 180 days of my pending I-485. I have not communicated USCIS about this. I was able to renew my EAD, and AP online with proper documentation without any issues.

    I am planning to travel to India on Advance Parole now. Wondering if I can show my former employer's documentation such as I-485, I-140 approvals if anything arises while going or returning. Do you anticipate any issues with this? or do I need to carry any information about current employer, and my Job?. Appreciate your help.

    --Raj.



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  • CSPAmom
    08-15 04:36 AM
    Thank you, Krishnam70. I will get an attorney's assistance. If anyone knows a successful case, please let me know. Thanks!




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  • bharat2008
    08-09 12:13 AM
    Hi all
    I have I-140 approved from Company A . Company B applied for my H1B extn based on Company A's approved I-140 and got 3 years extension till 2011.

    My question:
    can I switch to company C now and get 3 more years extension again.? My I-140(company A) has not been revoked and priority date is not current.I want to start my PERM only after joining company C .

    Thanks in advance .



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  • dent04
    02-23 11:42 PM
    Hi there ,
    I will appreciate if any nurse/perosn who has knowledge about nursing profession answer my question.
    What is the process for licensure to be a nurse in USA-for a person who has done GNM or BSC nursing in India.
    Does it make a difference if one has done a GNM or BSc nursing from India, any advantage of one over the other?

    thanks




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  • rbkrao
    06-29 01:11 PM
    Divyendu Sinha was beaten to death while he was out on a walk with his family near his
    home in South New Jersey. He holds a PhD and was a professor and author of computer
    Science books.

    Old Bridge man who was attacked by teenagers dies from injuries | NJ.com (http://www.nj.com/news/index.ssf/2010/06/old_bridge_man_who_was_attacke.html)

    Three teenagers arrested in beating of Old Bridge man | NJ.com (http://www.nj.com/news/index.ssf/2010/06/three_arrested_in_group_beatin.html)



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  • roseball
    03-08 01:00 PM
    Since your Father in law is a Central Govt Employee, i believe the reason they issued a white 221g is because he may not have provided a NOC (No objection Certificate) from the govt which should state that he is just travelling to US for tourism purposes and not for job related travel. This was how i had to get my father in law to get a NOC inorder to get his stamping done. Once they saw the NOC, they granted the visa.

    My 2 cents.

    He had the NOC with him and he did mention it to the Visa Officer about the NOC and she mentioned its not required and asked him to email his CV to the email address listed in the white slip for further processing.




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  • jase21
    01-12 04:06 AM
    Ok. Thanks.



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  • aroranuj
    04-09 03:43 PM
    I just received an email from USCIS saying that my I-140 has been denied. I touched base with the attorney & she has not yet received any documentation from USCIS. This has been the 1st change in my status since Aug 07. My case is pending at TSC.

    Does anyone know if this is a fairly common occurance for USCIS to deny I-140 without an RFE? Any advise on what to do next?

    Thanks.




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  • lonedesi
    07-27 01:25 PM
    Thank you CADude



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  • newbie2020
    04-29 03:48 PM
    I came across this one very interesting read on how the Visa cutoff dates are established...

    http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf




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  • martinvisalaw
    02-10 02:42 PM
    Hi ,

    I am working from home which is NJ on h1b and my company is based DC as my seat is located in DC and i connect remotely to my computer located in DC office , i have below question regarding the LCA and payroll

    1. Which location i need to mentioned as primary ,home or where company located?

    The LCA should list the job location as your home address.

    2. Which state should the payroll runs where i live or where my seat is located?
    It doesn't matter for immigration purposes.



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  • rockstart
    10-28 07:03 PM
    I agree with others its much easier to re-send documents than try to talk to USCIS over it.




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  • krish2006
    04-19 11:51 AM
    Is it possible to extend H4 status after using EAD for a person whose I-485 pending in derivative status.

    I read Cronin Memo reg. dual intent "Revision of March 14, 2000 Dual Intent Memorandum"
    It seems to discuss reg. using AP to enter the country and maintaining H status.

    Not sure if anyone here has done the extension of H4 after using EAD.


    Cronin memo:

    Cronin Memo (5-16-00) | Carl Shusterman (http://shusterman.com/h1blvisasmemoworkingadvanceparole.html)

    Appreciate any comments reg. this,




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  • bin2000
    08-25 01:40 PM
    Dear all,
    My employer filed H1B with extension of stay even though I was not physically present in USA on the day of filing.I was out of USA on June 15th due to personal reasons and they filed H1B on July 10th.

    I had requested them not to file extension of stay since I was already out of USA.USCIS approved the petition with extension of stay(I-94 attached).I need to go for visa stamping now .Will this create any issues while stamping?

    Please advice.

    Thank you




    andycool
    04-08 12:15 PM
    Hi,

    I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).

    Thanks.

    USCIS - Questions about Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1efbac8ec3d2f210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)

    Hope this helps




    Blog Feeds
    12-19 01:00 PM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    Jon and Kate Plus 8, the once-popular TLC reality program about the Gosselin family, their twins and their sextuplets is kaput. But that's old news. Today, the Gosselins officially closed the chapter on their 10 year marriage with the announcement their divorce becoming final.

    Divorce is always difficult. Kate says she looks forward to her future. No word from Jon...yet. For the Gosselins, they can and should move on.

    But what if Jon or Kate were immigrants? What if Jon or Kate faced deportation because their marriage failed? If Jon or Kate had been granted a greencard based on their marriage, what would happen to them once their marriage ended?

    This is an immigration concept called conditional residency. We represent many individuals who apply for permanent residency through their marriage to a US citizen. These are usually great cases because we are helping happy new couples stay together, and "move forward" in their lives. But what happens if the happy couple separates or divorces? In the worst scenario, USCIS will revoke or terminate the foreign spouse's conditional residency, leaving the spouse vulnerable to deportation proceedings, standing alone and at best, with competent immigration counsel at his/her side.

    In revoking conditional residency and initiating deportation proceedings, USCIS looks into the nitty gritty details of what happened in that marriage, was the marriage entered into for the immigration benefit rather than purely for love? Who's fault was it that the marriage ended? And could you (the foreign national) prove it? Imagine the reality show going behind the scenes to investigate, whether it was Kate's nagging that led to the failure of the marriage, or whether Jon's alleged affairs were the actual cause of the breakup and divorce. And would you feel comfortable knowing that USCIS is your final arbiter? If you married, got conditional residency and are now in divorce proceedings or separated from your spouse, think about calling Fong & Chun, LLP for a free consultation. ---ecf





    More... (http://www.immigrationvisaattorneyblog.com/2009/12/jon-and-kate-divorce-is-final.html)



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