chanduv23
11-06 06:36 AM
Though this may be off topic, it is related to travel and NIV.
I booked tickets for my inlaws travelling on a tourist visa in Jet Airways - Chennai to JFK with layover in Brussels.
Now, when I ask people everyone say they travel by Lufthansa, Air India, Emirates etc... but I have not found anyone who has travelled by Jet Airways.
Just wanted to know if anyone has travelled via Jet Airways and their experience at the Brussels Airport, if it was smooth. My Inlaws do not speak English and this is the first time they are travelling.
Thanks
I booked tickets for my inlaws travelling on a tourist visa in Jet Airways - Chennai to JFK with layover in Brussels.
Now, when I ask people everyone say they travel by Lufthansa, Air India, Emirates etc... but I have not found anyone who has travelled by Jet Airways.
Just wanted to know if anyone has travelled via Jet Airways and their experience at the Brussels Airport, if it was smooth. My Inlaws do not speak English and this is the first time they are travelling.
Thanks
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imh1b
12-03 02:09 PM
Why do we need Recapture more than DREAM ACT or with DREAM ACT?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
Be_Pragmatic
07-23 05:16 PM
I'm in a similar predicament as well. I'm on EAD and 485 is pending, can I claim unemployment benefits?
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sunny26
06-29 03:42 PM
hi
If not able to get insurance talk to the Dr they have some package like 3000$ for full term checkup and delivery(normal) like that.One of my friend in tx dont have insurance so they took that package the Dr office offered him.
If not able to get insurance talk to the Dr they have some package like 3000$ for full term checkup and delivery(normal) like that.One of my friend in tx dont have insurance so they took that package the Dr office offered him.
more...
Apollon
06-30 12:16 AM
The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?
texcan
07-29 10:48 PM
I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
well ...if the option is between "difficult spouse"/"GC " why bother with either....I thought of something else when i saw the title. pls donot mind...
On serious note, Since your spouse is australian citizen you can easily use E3 visa ( its very simple) or better yet just go ahead and marry her in court right away, register marriage and have the big gala family ....marriage event later.
My 2 cents...take it easy and make it simple. Its a happy occasion donot waste time on immigration issue in next few months, enjoy the courtship time...immigration will fall in place and even if not ...life matters.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
well ...if the option is between "difficult spouse"/"GC " why bother with either....I thought of something else when i saw the title. pls donot mind...
On serious note, Since your spouse is australian citizen you can easily use E3 visa ( its very simple) or better yet just go ahead and marry her in court right away, register marriage and have the big gala family ....marriage event later.
My 2 cents...take it easy and make it simple. Its a happy occasion donot waste time on immigration issue in next few months, enjoy the courtship time...immigration will fall in place and even if not ...life matters.
more...
belmontboy
11-16 10:27 PM
IV gurus Please help.
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
Nope. That is not true. Either the company/lawyer is screwing your friend!
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
Nope. That is not true. Either the company/lawyer is screwing your friend!
You can avoid the waiting period by using "Notice and Consider".
I had the same experience with FDBL lawyers, those guys were awful.
Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.
Hope this helps.
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xu1
09-12 07:08 PM
-----------
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
This needs probably more insight..
I don't think that was necessarily true.. An H1b woman on maternity leave, even if unpaid, is legal in status. At least that's what the lawyer advised my wife.
Please ask your (company's) lawyear..
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
This needs probably more insight..
I don't think that was necessarily true.. An H1b woman on maternity leave, even if unpaid, is legal in status. At least that's what the lawyer advised my wife.
Please ask your (company's) lawyear..
more...
jthomas
03-25 10:56 AM
Give us some relief during the period of recession and make some rules for H1B guys to stay legal and claim unemployment benifits
1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
2. Don't send RFE to those in EAD during the this time of recession.
1. Allow H1B holders to stay unemployed but legal during this time of recession. They should be allowed unemployment insurance for the amount of money they contributed during the years of their work.
2. Don't send RFE to those in EAD during the this time of recession.
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javadeveloper
07-20 09:51 PM
OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?
more...
meyshimmi
02-09 11:07 PM
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 )
Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)
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 )
Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)
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tikka
05-31 12:56 PM
Confirmation Number: 56Y67421A1299244L.
thank you
thank you
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Vsach
07-12 10:12 PM
Dear All,
If IV as a organization decides to file a law suite I shall contribute, decide the amount!
Regards
VSach:)
If IV as a organization decides to file a law suite I shall contribute, decide the amount!
Regards
VSach:)
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jkays94
05-03 11:20 AM
We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled. This can be a sure catalyst for SJ Mercury times as they are trying to find ammunition to counter the Illegal protests
Sundar99, I do agree with some of your sentiments about promoting the cause of legal immigrants but lets not pick battles that will only be turned against IV. IV has many external detractors and the more IV gains exposure in the media, more enemies will continue to emerge. Do you suppose organizations such as FAIR, NumbersUSA and others really distinguish between IV and the undocumented movement ? Visit this blog by one of the FAIR executives : www.steinreport.com (http://www.steinreport.com) and you will understand that legal and illegal immigrants to such organizations are one and the same thing as far as they are concerned and they could care less regardless of the glaring facts. One of the concerns that you highlight is that of increased backlogs in the face of amnesty, it has been reiterated by several senators all in agreement that anyone coming through amnesty will go to the back of the line and not before legal immigrants.
We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled.
Do you really want to pick a fight with the more than 43 million Americans of Hispanic origin ? This is the very same argument that bloggers are using against IV following the WP article about an invasion by persons of Chinese and Indian origin, arguments made totally out of context. Why should we emulate such organizations and stoop to their level. Lets pick our battles wisely and only those we have a chance of winning.
Sundar99, I do agree with some of your sentiments about promoting the cause of legal immigrants but lets not pick battles that will only be turned against IV. IV has many external detractors and the more IV gains exposure in the media, more enemies will continue to emerge. Do you suppose organizations such as FAIR, NumbersUSA and others really distinguish between IV and the undocumented movement ? Visit this blog by one of the FAIR executives : www.steinreport.com (http://www.steinreport.com) and you will understand that legal and illegal immigrants to such organizations are one and the same thing as far as they are concerned and they could care less regardless of the glaring facts. One of the concerns that you highlight is that of increased backlogs in the face of amnesty, it has been reiterated by several senators all in agreement that anyone coming through amnesty will go to the back of the line and not before legal immigrants.
We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled.
Do you really want to pick a fight with the more than 43 million Americans of Hispanic origin ? This is the very same argument that bloggers are using against IV following the WP article about an invasion by persons of Chinese and Indian origin, arguments made totally out of context. Why should we emulate such organizations and stoop to their level. Lets pick our battles wisely and only those we have a chance of winning.
more...
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schandra
11-24 04:50 PM
Same here too
Stuck in EB3 though - I-140 Denied in Aug 2008 and filed an Appeal.
And to make it worse, no time left in H1 either, as I have been here since 2001.
Is there any alternative to this?
As in, can we apply for another I-140 while the appeal is still going on?
I seached in the AAO decisions website and the signs are not very encouraging. attached link has Jul 30 2009 decision in regards to 3 yr bachelor with diploma. I am seeing a lot of these.
http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jul302009_07B6203.pdf
Is there nothing we can do to tackle this situation?
I would REALLY appreciate if you anyone can provide more info or share their experiences, provide an opinion, ANYTHING.
Thanks
Subbu
Stuck in EB3 though - I-140 Denied in Aug 2008 and filed an Appeal.
And to make it worse, no time left in H1 either, as I have been here since 2001.
Is there any alternative to this?
As in, can we apply for another I-140 while the appeal is still going on?
I seached in the AAO decisions website and the signs are not very encouraging. attached link has Jul 30 2009 decision in regards to 3 yr bachelor with diploma. I am seeing a lot of these.
http://www.uscis.gov/err/B6%20-%20Skilled%20Workers,%20Professionals,%20and%20Oth er%20Workers/Decisions_Issued_in_2009/Jul302009_07B6203.pdf
Is there nothing we can do to tackle this situation?
I would REALLY appreciate if you anyone can provide more info or share their experiences, provide an opinion, ANYTHING.
Thanks
Subbu
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ArkBird
11-27 12:39 PM
I think labor substitution is no longer allowed.
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nandakumar
03-06 01:22 PM
Pls confirm email id - info@immigrationvoice.org for FOIA letter?
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wandmaker
08-26 08:39 AM
Hi,
I applied for H1B through a company for year 2010. I am currently on H4. As per this company, my application reached USCIS on April 7th. We have not got any receipt for this so far as per what the company says. My question is, is it possible that USCIS will take this long to issue the receipt number ? Is there a way to find out whether USCIS have received my application indeed. When I call the company who applied the H1, they keep saying we haven't heard back anything from USCIS. Can you help in answering my questions ?
Greatly appreciate your reponse.
Rgds,
Vani
Yes, It is possible - In fact, for one of my H1Bs, I never received the H1B receipt notice but received the approval notice on time.
For the best answer, you need to answer the below-
Did you pay the H1B fee?
To whom you have addressed the check to?
I applied for H1B through a company for year 2010. I am currently on H4. As per this company, my application reached USCIS on April 7th. We have not got any receipt for this so far as per what the company says. My question is, is it possible that USCIS will take this long to issue the receipt number ? Is there a way to find out whether USCIS have received my application indeed. When I call the company who applied the H1, they keep saying we haven't heard back anything from USCIS. Can you help in answering my questions ?
Greatly appreciate your reponse.
Rgds,
Vani
Yes, It is possible - In fact, for one of my H1Bs, I never received the H1B receipt notice but received the approval notice on time.
For the best answer, you need to answer the below-
Did you pay the H1B fee?
To whom you have addressed the check to?
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ziggy7bs
03-18 12:23 PM
I am having the same problem. i did not know about the 180 days rule until my LC had expired. what did your lawyer tell u to do? did he call uscis to explain? did he call DOL to see if they could extended the LC? please reply to this. i am going to lose my PD of 020106 if i can"t get them to accept the LC.
pappu
09-14 06:20 PM
Thanks to all those who tuned in.
monkeyman
01-29 06:06 PM
Just sit tight - It will take them around 7 to 8 months to issue the GC. You should also receive the EAD card soon and hopefully it will be the last EAD Card.
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