Friday, June 10, 2011

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  • qtoask
    07-11 01:03 AM
    Its support of every single person who has the heart made it possible... You can pat on your back!!!


    English_August : well done co-ordinating...I salute you guys!





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  • Saarissimo
    05-31 12:11 AM
    Dear Madame/Sir,

    I am a 33% owner of an LLC, and I need to be employed by the company. The company is a viable company, tech start-up, and all three owners need to actually work in the company (to ensure its success). The company is profitable and our yearly revenue is a little short of $1M. However, the reason I have been here in US in the last 6 years is because I have been sponsored (by my previous employer) through an H1B visa. I now wish to transfer my H1B to the LLC I partially own. My questions are:
    1. Is it possible
    2. If so, what is the mechanism I can be considered as an employee in an LLC structure

    Thank you in advance for your attention





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  • March World Cup 2011 – IND



  • aranya
    03-09 03:07 PM
    Hi,

    Currently i am working for a for-profit company on F1-OPT until April-07 (when my OPT expires)

    This company will file H1B for me on April 1st for start date of Oct 1st and consequently, i will be out of job for 5 months (May-Sept).

    Previously the company said that they will put be on Leave of Absense (LOA) for this 5 month gap until my H1b start-date kicks off on Oct 1st but now,

    they are telling me that i will be terminated at April but will be hired again on Oct 1st and they will not put me on LOA.

    1. Is there any way i can protect my job as they are terminating me now and then promising me to re-hire again on Oct 1st?

    2. Should i ask for a job offer later stating a new hire date of Oct 1st?

    3. Anything i am missing here? -- concerned that they first told me i will be on LOA but now telling me i will be terminated and again re-hired.

    Note: The company is paying for both atorney and H1b fees and for this 5 month gap, i will be on H4, so no need to leave US.

    Will appreciate any feedback on my 3 questions/concerns above - than ks.


    I was in a similar position a few years ago. I had to be at home for 1 month.
    From that experience I know that your company is approaching the situation in the correct/legal fashion. It is illegal for the company to employ you (even on LOA without pay or benefits) once your OPT expires.

    1] Most jobs are at-will meaning there is no real way to "protect your job".

    2] If they are filing for your H1 then the company will be submitting a letter to the government saying that they intend to employ you starting October 1, you can ask for a copy of the letter.

    3] They must have talked to their immigration attorney who set them straight about LOA etc.

    As others mentioned, if the company is willing to spend 5k to get you a H1, they intend to employ you after October 1.

    As for "back-up H1", you can definitely look for a job and get a H1 from a different company also but on October 1st you will have to choose where you want to work. Remember if you choose to get "back-up H1s", you are essentially screwing one company and also wasting one valuable H1 visa. You are being un-necessarily cautious if not downright paranoid. However, if you are person who believes in "back-up tickets", "back-up house" in case "back-up car" etc. then go ahead, look for "back-up H1s".

    Good luck.





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  • hsingh82
    02-15 03:43 PM
    If every state was a different country, most of us would not have been here but at the borders fighting each other. India has progressed because of its secularism and diversity. We all would have been either fanatics or supressed by religion as most states would have religious heads governing it.



    more...


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  • tabletpc
    11-09 03:52 PM
    Vikki76,

    Don't jeoperdize once status by sharing false info. If you are not sure , let the other person about it.

    Ganesh_Sholapur:

    Here comes my responses for your query. I am 100% sure, but make sure you get a second opinion from any attorney.

    1. Do i need to go for stamping in Canada or Mexico
    YES...!!!! You have to leave this country on/before your L1 expires. Since your H1b was filed from out side US, it din't come with an I-94.
    So go back to india by taking an apointment for visa and re-enter with new H1b approval along with new i-94.

    2. Can i work for company B with my H1B approval.??

    No you cannot.
    3. To start my new job, do my employer should change my status

    Once you return back from india, your status automaticaly changes to H1b.
    4. If going for stamping do my dependents also should join me.

    yes, all should leave the country before u r L1 expires.


    Hope my responses helped you...




    My quires are.
    1. Do i need to go for stamping in Canada or Mexico

    Answer: No, you don't need to get your visa stamped unless you are traveling internationally and need to re-enter US
    2. Can i work for company B with my H1B approval
    Answer: It is perfectly legal to start working with H1-B approval even though your passport has L1 visa stamped
    3. To start my new job, do my employer should change my status
    Answer: Definitely-YES. I-9 form from employer should reflect this
    4. If going for stamping do my dependents also should join me
    Answer: You do not need to go for stamping just to begin your employment. And regardless of visa stamping decision- it is not mandatory that you and your dependents should get go for visa stamping together





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  • Labels: Cricket World Cup 2011



  • EndRetro
    04-19 01:49 PM
    Has anyone had an experience with h1 restamping at Mumbai when they were not resident of Mumbai Embassy district.

    I have an apptmt in Mumbai for May 12th for an H-1 staming and I am WORKING in USA and the address in the passport is in KERALA (Chennai consulate).

    This is the response to a MAIL that I had sent to the MUMBAI consulate!!

    ************************************************** ********
    MUMBAI, N IV to me
    Apr 18 (1 day ago)

    "Returning workers can apply in any of the four U.S. consulates in India."

    It is advisable to apply in your own district. That is the last place in India where you resided for at least 6 months before going to the U.S.
    It may be harder to qualify for the visa if you are not applying in your
    own district.
    The visa officers at the U. S. Embassy or Consulate at an applicant's designated consulate are generally more familiar with his or her circumstances and documents than the officers somewhere else would be.You should also be aware that even if this post allows you to apply, it is still possible that the interviewing officer will refuse to adjudicate your case and will refer you to your own district anyway.

    Application fees in this case will NOT be refunded.

    Best regards,

    Non Immigrant Visa Section/wds
    U.S. Consulate General Mumbai


    ************************************************** ********



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  • mariner5555
    04-04 06:59 AM
    o.k ..here is the link
    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD
    let me ask something related ..guys please reply.
    which is better - using efile or by sending the application by mail ?
    if sending it by postal mail - do you have to go for fingerprinting ??
    I guess - if we efile, then we have to go for FP ..gurus ..please reply Thanks in advance !!

    anybody with answer to the above ?





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  • Team India, World cup 2011



  • BharatPremi
    10-10 09:29 AM
    [QUOTE=ronhira;2013124]tarikh pe tarikh.... tarikh pe tarikh.... kaab taak????? QUOTE]


    :D Perfectly relavent dialogue. Sunny Deol might not have a clue that he is representing the anger and frustration of EB3-India lot but ofcourse completely in a wrong court in a wrong country.:D



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  • abh
    08-21 11:04 AM
    I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.





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  • bank_king2003
    06-04 03:01 PM
    really appreciate it.



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  • Gator
    02-23 09:02 PM
    Hi-

    I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.

    Thanks





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  • vejella
    01-22 06:24 PM
    You guys are doing a commendable effort...Keep It up ...



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  • kris04
    08-18 06:17 PM
    :confused:Hi all,

    I have a situation,
    I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.

    My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
    This is required to prove that there is no fraud happened while filing my case.

    As you all know, in this current situation, I can not go back and ask employer �A� about that letter.

    Any suggestions etc please provide.


    Just to remember
    REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES

    Thanks,

    Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.

    Good Luck

    HTH

    kris

    My Profile
    ----------
    GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)





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  • gnrajagopal
    08-18 11:57 PM
    So you are saying the mail welcoming you as a permanent resident may not be confirmation of GC?

    Come on. Dont be dumb.

    Alright man, point taken.....
    :) it was hard to believe, but looks like there is hope for NSC Filers.



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  • tsrinivas
    07-19 02:30 PM
    All that your have to do is get it translated by any one who is fluent in English and Marathi ,
    Document has to be signed and contact information of the Translator has to be placed.
    -------------------------------------------------------------
    Translated Text
    ------------------------------------
    Declaration of Translator
    I ____________________ certify that I am fluent in the English and Marathi languages, and that the foregoing is a complete and accurate translation of the attached document.


    Signature
    Date
    Contact Info





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  • getta05
    03-27 01:33 PM
    I have not started the process as yet. Bust basically I am going thru a Franchise Corp to do my application at present. But have kept the option open to buy one outright in a good neigborhood.



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  • cygent
    11-04 08:19 PM
    How to change the title?

    click Edit - then "Go Advanced" button to change the Title. Save.





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  • humdesi
    05-31 08:53 PM
    A friend of mine just came from India. Works for a bodyshopper. He is transferring to L-1A so that he can file in EB-1 multinational manager. Is this possible? What are the minimum requirements for EB-1?

    If it is possible this guy will be laughing a year from now, gc in hand, while we all fume and fret over retrogression, labor, i-140 etc..





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  • milind70
    07-26 11:06 AM
    Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
    Some thing really does not sound right here. By law, he is required to give you the approval notice.
    I believe that Uppoer portion of the notice is to be retained by the mployer but they usually make a copy and give you the entire 797 for stamping ,technically they are not supposed to give you the upper portion.





    ds37
    10-19 12:29 PM
    Hi

    I was also tested possitive due to vaccination in India. did the skin test and X-ray. I talked to my family Dr.(and couple of my Dr. Freinds.) and they all told me that my body will allways react to this test due to vaccination and if X-ray is fine we do not need any medication. In US all the Dr. has to get the test once a year and those vaccinated in their native country has to get an X-ray to confirm it as the test is allways possitive for them.

    I would say Consult another Dr. just to be sure.

    Thanks

    DS





    vegasbaby
    02-25 01:27 PM
    Hi-

    I will be applying for my 3rd H1-B extension soon. If for some reason the H1-B renewal gets rejected, do rules allow for applying for a H1-B transfer soon after the rejection.

    Thanks


    Yes you can! Did it myself. There is nothing as an H-1B transfer. Does it say anywhere your H-1B xfer has been approved on your H-1B receipt?? Its always a new H-1B. Only benefit you get is, you will be exempt from the quota forever.



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