Wednesday, June 8, 2011

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  • yagw
    07-30 01:04 PM
    Thanks.

    Now something that had been on top of my mind for long. Does anyone know how to make Google include subjective interpretation to search query? I will elaborate ...

    Say you want to search for all the work been done or being done on say "teapot". Normally you type in "teapot" in search bar and Google will dump millions of results. And those results would be screened objectively based on the search query i.e. "teapot". But interestingly, "kettle" is also a synomous for "teapot" but since the search was objectively driven, this subjective association would be excluded. This is just an example, I framed to explain my point.

    A quick answer to above would be to include any synomous words, but we all know in techonological world and especially in the IP area, their could numerous ways to hid the information while maintaining it on public forums. If you have been engaged in IP development, you will understand what I am talking about.

    Google has wonderwheel added recently which displays related items to your search keyword (not necessarily synonyms) in a map.




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  • nat23
    03-09 01:16 PM
    If I think from company's point of view then what they are doing is that they are cutting down their liabilities. If they put you on LOA they would have to pay for insurance and other benefits. I dont know if its right to read too much between the lines.

    I guess you'll have to wait till October to find out. However, if they apply for your H1 in April then I wouldnt worry because no company would just flush $3000 if they dont intend to hire you.

    All the best

    Cheers
    Nat




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  • krishna_brc
    02-18 02:45 PM
    Should it not be OK to work for an Indian company (work from home - remote office)
    as long as person on H4 is NOT displacing an American Worker by any means? I am curious to know.

    Thanks,
    Krishna




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  • pcs
    04-28 07:54 PM
    Guys please call your friends



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  • gc_rip
    06-18 12:48 PM
    Hi Gurus,

    Please comment on my situation.

    My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.

    I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.

    If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.

    1. Can I join the new employer on H1, after 2 months. Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?

    2. Should I join the new employer on EAD, which will be approved for 1 year by then? Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?

    3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.

    4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.

    Thanks in advance!




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  • sledge_hammer
    04-13 02:17 PM
    What line of work are you in? Either send me a PM or post here.

    I already transferred my H1 on 1st week of March within 1 day and worked on a 3-4 week project ( real Project from a good client) but now we are not been able to nail the next Project and this new company is very accurate about H1 ( they should be also ) - they will cancel my H1 after the last Pay stub.

    They are trying their best and i'm trying my best but things not working out on H1B. I definitely have way more fit Jobs on EAD and that's why I posted this in the weekend.

    If some real employer can transfer my H1 It will be quota exempt because I've I-140 approval.



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  • Legal_In_A_Limbo
    01-15 10:11 AM
    Employment contract/non-compete is the place to look. Now, if you haven't signed any employment contract with your employer (that says otherwise)- you are good to make that change.

    My husband had only signed the offer letter, which did not talk about any employement contracts. There was a condition to pay some money if i left compnay before 1 year, which is not valid anymore for him.

    So what you suggest what should be my bext step.




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  • Jerry2009
    05-11 01:47 PM
    Hi desimass77. How do you convince the school that you are qualified?

    My wife has a similar situation. We tried to convince school that we are qualified under "parolee" category. However, my wife's I-94 expires (she entered US using AP last June). Her school uses this reason to reject again. Now, we decide to re-enter US again to get a fresh I-94.

    Her school officials say that they are going to query USCIS database once my wife gets a new I94 stamp. It is something called G-845 form.

    Just curious, did you school query USCIS database on your case? Or your school just think yo are qualified?

    I think the "parolee" category is really ambiguous, since it requires student to enter US with parole for at least one year. On the other hand, it wants I-94 unexpired. AP can hardly fit into this category, as if we entered US, the valid length is usually less than 1 year, unless we re-enter US on the exact same date when the AP was issued.

    Please, if anybody successfully convinced school on FAFSA, please share your experience here!



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  • JDM
    11-27 10:46 PM
    Happened to me too. No Idea what does this means




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  • Dhundhun
    07-14 12:46 AM
    It is the law that you file AR-11 within (I think) 10 days after moving to a new address. If you do not do say, technically they can deport you. So send the AR-11 form with proof of sending. You can also submit AR-11 form online.

    You should also change the address on the USCIS site. This operation is different from AR-11 submission.

    You brought very good point. More details seems to be here: http://www.jackson-hertogs.com/JH/faq/8054.pdf



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  • shantak
    05-08 07:40 AM
    I do not see update on online status on the registered cases in my portfolio in TSC.

    My wife had applied for AP in first week of Feb, we have received AP in a months time but online status still shows "Application received on Feb xx 2009........"

    Saurav

    Same here, I applied for AP in the first week of April, I have received the approval letters but the online status shows, your application was received on.... and still pending"". I think there is definitely a disconnect




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  • krishnam70
    11-20 03:51 PM
    Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
    Regards,

    Right on the money.



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  • HawaldarNaik
    02-10 10:03 PM
    As they say in India 'Ganga Nahaya'....u have bathed in the Ganges.....enjoy your freedom....you are out of the cell....we wait for our turn to be set free............




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  • looneytunezez
    02-04 11:00 AM
    States accumulate spill over from Q1 to Q3 but doesnot apply. Those extra visas will not be given to any one .. Once gone from quarter then it cannot be given to any one. In last quarter it will go to Eb2 India.

    i dont think spill over rules state that it can be applied to any specific country of chargeability.
    It is applied on PD basis, so if PD for EB2-China is before EB2-India applicants, they will get the spillover. But the fact that # of applicants in EB2-C are lower than Eb2-I, EB2-I should get more beneficial spill as long as its done horizontally and not vertically.

    Based on my understanding, i agree that they will apply spillover in Q4 (in theory).



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  • hydboy77
    07-14 01:59 PM
    I dont mean to be greedy or selfish but from a purely technical analysis this is extremely bad news for EB2\Eb3 India and China folks. Eb4 and Eb5 account for 10% of the 140000 EB green cards every year. If EB4 and Eb5 were discontinued these visas would have spilled over into Eb1,2,3 category. With the Eb4 and Eb5 extension in the senate bill we are screwed royally. There is heavy misuse in the Eb4 category, so much so that it Eb4 and EB5 may retrogress for India!!!!, there will never be any spillover from this category.

    What amazes me is congress has been consistently backing eb4 and eb5 every year by extending it but nobody cares about eb2 and eb3. Not even provisions like STEM are making it.

    To people who say stem will not happen, visa recapture will not happen and only solution is CIR because hispanic caucus or anti immigrants will not allow piece meal immigration legislation, I wonder how EB4 and Eb5 are consistenly being passed every year by the congress.




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  • kondur_007
    09-24 02:38 PM
    Thanks for all your replies. Your information is helpful. I will talk to an attorney and will take a decision.

    Good decision. Wish you best of luck!:)



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  • rolrblade
    02-21 09:04 AM
    Here is the problem with your case, in my view.

    You can use AC21 after 180 days provided that (1) The underlying I-140 has been approved or (2) The underlying I-140 is otherwise APPROVABLE at the time of adjudication.

    In your case when you filed for a new I-140 from Company B, it is still pending. Your argument of using I-140 from Company A, COULD make the underlying I-140 from Company B unapprovable, which will also be the case incase Company B withdraws the I-140 petition, prior to adjudication.

    If this happens then the I-485 petition will be invalid because the underlying I-140 (from Company B) is not approvable. It will be a long time before you really know this, depending on when they adjudicate your I-485.

    Then the only recourse left for you would be to file a NEW I-485 using the I-140 from Company A. Looking at the current PD trend, this could be years before you are even able to file.

    As for what ItIsNOTFunny says, about I-485 being your personal application, and not company's, this is true but always remember that I-485 is very closely tied to the I-140 supporting documentation (Bfeore 180 days and especially if it not yet approved)

    If I was you, I agree with other people are suggesting, if you want to keep your 485 application in process, you should try to wait it out till the I-140 from Company B gets approved. But again, everyone's personal situtation is different, so this is just a suggestion.

    PM me if you need more help.




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  • gc_on_demand
    05-19 02:45 PM
    Sounds like a good idea...for those of us who missed the summer 2007 bus, this may be the only way of getting to an EAD status in the near future, going by the recent Visa bulletins and retrogression of EB2 & non-availability of EB3 year-round.

    bump




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  • Leo07
    10-17 02:19 PM
    Pappu, I have not sought outside legal help, barring the legal advice of both firms paralegal.

    I was told that the 'successor of interest' form will take care of the Labor, but the 140 will need to be filed again.

    Do you want me to take other legal opinions as well? ( application is already mailed)

    Do you absolutely need to file a new I140?

    Have you sought other outside legal opinions on this matter?




    chi_shark
    12-03 04:28 PM
    Hopefully your attitude is a little better towards actual potential customers, who are business people, who need marketing help in the specific industry that you are in.

    o lord! right back at you! thanks for your concern...




    ImmigrationAnswerMan
    07-08 10:37 PM
    Anil:

    Yes your company can file an H-1B for you even if you choose to appeal the denial of the L petition.

    You will continue to be in Unlawful Presence while your L appeal is pending. If the appeal is denied and you have accrued more than 180 days of unlawful presence you will not be able to leave and apply for a new visa abroad.

    I cannot answer the questions of whether you should appeal the L or whether you would be eligible for an H-1B without having a full consultation with you and seeing all your documents.



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