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  • desi3933
    06-25 10:24 AM
    Must an H-1B alien be working at all times?

    As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.

    http://www.nrilinks.com/Immigration/VisaTypes/h1bfaq.htm#q8

    >> Must an H-1B alien be working at all times?
    No, but he must be an employee. H-1 employee can avail vacation, sick days off, unpaid vacation days as are available to ALL OTHER employees. Employer needs to document such policies. There are complex issues involved here.

    Like you said in post As long as the employer/employee relationship exists this is the key part. How to prove employee relation - mostly by pay stubs and employment letter. Also, I-9 Form date determines when employee really reported to start the employment.

    Not a legal advice
    -----------------------
    desi3933 at gmail.com





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  • jay75
    08-24 04:08 PM
    Please tell us when you applied , and NSC or TSC , EB3 or EB2, etc..so we will get some idea? thanks..

    I recently applied for my renewal (AP & EAD) - got my AP approved in less than 3 weeks (which is good processing time).

    Validity was for one year, only and from the date the previous AP expired.

    EAD - Still waiting - it's 47th day, today and counting. Hopefully before I hit the 60 day mark...that seems to be the processing time, these days.





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  • bugsbunny
    04-21 02:48 PM
    Mother fucker I am not married and I dont have kids.

    My friend you use sarcasm all the time :)...some even in bad taste :rolleyes:...what happened to MC sense of humor :)





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  • Munna Bhai
    06-13 09:28 AM
    That's the last post I put here. Let this thread disappeared

    Firstly I am not from India where most of your guys come from. Instead from Taiwan 2 and half year ago. As travelled much between Asia countrys, no much time staying is US office although I based here. Yes, my English is poor and broken but this is not a fake story, make no sense for me. Just kill the time???

    When cops knock out your room, handcuff your hands on the back, force you stay down at the corner , if you could keep calm and state very clearly. I can only show my respect but unfortunately I did not make it. This is my first time. :( Should be the last time either.

    Now the negative point is mostly from my statement, no matter whether you believe, the attorney told me drag with anger is battery. we think that's okay does not mean it is okay on the law. So I wish you guys be careful on this kind of play around to avoid any trouble. I knew you all have better english than me. so you could explain clearly :) But Same level, do it on your spouse is even worse on a stranger.

    I create this thread just wish listen your opinion and try public view how much chance I can win the jury trail. Some of your advice is really helpful and I will take them.

    My wife is writing the mail to DA and wish it helpful to my case. I will have several rehearsal with my attorney in coming weeks. Anyway, we will fight for the justice and not accept that ridiculous battery charge.
    Any advice, please PM me, highly appreciated. If you suspect my honest, please don't waste your own time. Let's shut up on this thread and let it gone.

    Thanks.

    Hi Terriblething,

    No need to get upset, if you looks the number of responses your post has received, you will find that lot of people support you and have given reasonable solution.

    This forum did had instance where people used broken english just to make fun of this forum and this forum would like to careful about that.

    Do visit and do ask questions if you have any? Hope everything will be fine for you.

    take care,



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  • mnkaushik
    02-09 03:25 PM
    Reno, could you please give us more information about your and your friends' experience :

    - What your qualifications are.

    What the Sr. software engineer job requirements were. Things like:
    - Education
    - Experience

    and also more info about your experience with PERM:
    - Processing center. Chicago or Atlanta?
    - Processing time.
    - Any audits?
    - Any business necessity documentation requirements?

    I know I'm asking for a lot of info but I think it would be extremely helpful for many folks who are preparing to file under EB2 to avoid regression.


    My wife applied for LC as Business Analyst with Bachelors and 5 years of Exp.

    My wife has done her Bachelors in Engineering from Bombay. She had more than 7 years of exp at the time of filing. The job required 5-7 years of exp with abachelors Degree.

    She applied to Atlanta center and it took around 5 months and no audits that we know of. thenshe applied for her I 140 which took around 3-4 months. There was an RFE for exp letters since the lawyers did not give it during her I 140 filing. After the lawyers responded to her RFE, her I 140 was approved in 15 days. Now she is waiting to apply for I485.

    I hope this gives u an idea that u can apply for EB2 as BA if the job requires Bachelors and 5-7 years of exp.





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  • immigrationmatters30
    09-23 12:46 PM
    Yes it is at 1PM EST. Do you guys know if they are done with the horse bill? If they are done then it should just say 5882 and nurse bill. But schedule shows that they wil continue to work on horse bill as well...
    http://judiciary.house.gov/hearings/calendar.html

    The calendar says 1:00 PM EST.



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  • ravise
    08-04 04:29 PM
    I thought u quoted from last month or previous. It is july 2008 bulliten.

    Hope fully some thing good will hapen for sep'09





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  • Nil
    04-25 11:35 AM
    Blood donation and organized rallies together seem to be the best way for getting attention.



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  • chnaveen
    06-20 04:44 PM
    Hi,
    I am writing this on behalf of a friend whom I helped him in e-filing his EAD& AP Renewal.

    I too had the same situation. Before it gave this message, it gave a warning, Middle Name is not entered. Since it was a warning, I ignored it and went to the next screen, but there it gave the same message as you got "are still suggested fields not completed on the following forms".
    I veryfied each and every field and tried 3/4 times, but every time the same message, out of frustration, I just some middle initial and submitted, then it worked.
    But actually there is no middle name in my name. But the form got submitted with the confirmation.
    I called the USCIS and told them about the same problem, they asked to submit a letter asking for correction of the name along with supporting documents. SO I have submitted the same.
    Actually I have applied both EAD and AP e-file simultaneously. Both are Renewals.
    I have received the receipt for EAD, but not for AP. Also recieved the FP notice for EAD.
    I called USCIS again, said about not received the AP receipt notice. They said, they have mailed it. but I said about the middle name problem and said not received yet. They said since I submitted a letter for correcting Name, that will take care of it. For not receving the Receipt notice for AP, they said, they will mail a new one.
    Exactly after one month(Whichi is yesterday), I have received the replacement Receipt Notice of AP, but suprisingly the receipt number on this is mentioned the actual Receipt number of the EAD, but clearlt mentioned this application is of Case Type I-131. So I called USCIS again and said about the wrong receipt number, they gave me a confirmation number on the case and said, wait for 45 days and call then if I don;t receive any update on this.

    I am trying to efile an AP application right now. It always says following lines at the end of 131 form step.
    Note:There are still suggested fields not completed on the following forms:
    I really do not know as to why its doing so. I have checked several times that I have not left any field blank that is required. Did somebosy also see the same issue ?
    Thanks





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  • immigration1234
    03-17 02:27 PM
    That would be a great idea and thats true!



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  • god_bless_you
    04-26 08:53 AM
    good job!!





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  • chanduv23
    02-07 01:41 PM
    I got EB2 140 approval (I have BS + 5 years of experience)



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  • Prashant
    07-10 10:32 AM
    A shipment of 100 Blooms of Peruvian Lilies, ProFlowers, was delivered by FedEx for Emilio Gonzalez at the requested address of

    20 Massachusetts Avenue, NW ,
    Washington, DC 20529

    on 7/10/2007.





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  • lost_in_migration
    05-13 10:58 AM
    /\/\/\/\/\/\/\/\



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  • aadimanav
    08-22 04:34 PM
    ........ However, if a range of PD's are current, then they would sort those by RD and not by PD. .........

    There you go. Now you are talking like a programmer.





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  • sertha1
    06-26 02:07 PM
    I came to US on h4 i applied for H1-B Visa.again I would like convert to H4 Visa.
    My H4-visa stamped until 09/30/2007
    My husband H1-B Visa stamped until 09/30/2007.
    My husband applied for his H1-B extension But we didnt receive approval notice.we have recipe copy.

    Is there any chances to reject my h4visa(boz only 2-3 months left for my husband h1-b expiration)



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  • venkypal
    02-15 07:07 PM
    Pleaassssssssse dont fight among oursleves ....

    Lets fight against immigration bureacracy and unfair policies...





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  • teachamerica07
    08-25 09:30 PM
    Go to the Trenton DMV . Take your ORIGINAL receipt and a letter from your employer . They will give you extension for 240 days . I got it done in May 2007.The draft of the employer's letter is as follows



    To,
    The Motor Vehicle Commission


    I hereby certify that ________________ is currently employed by ____________ and has been employed since ______________.

    I certify that, on ______________, I filed an H1B petition extension and application for extension of stay on behalf of this individual (see attached receipt notice from the US Citizenship and Immigration Services (USCIS)).

    Pursuant to 8 CFR 274a.12(b)(20), this individual is authorized to continue employment with ____________ for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay (as indicated on the immigration documentation).

    I further certify that if I receive that the USCIS had denied the application prior to the 240 day period and if <name, Driver license number>, ceases to be employed by ________________ during the 240 day period, I will notify the Motor Vehicle Commission (MVC), in writing as soon as practicable. I will send such notice to:

    Legal & Regulatory Affairs Unit
    Motor Vehicle Commission
    PO Box 162
    Trenton, NJ 08666-0162



    Sincerely,



    Signature of
    individual certifying
    the information

    Print Name & Title





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  • rick_rajvanshi
    08-13 06:49 PM
    http://blogs.ilw.com/gregsiskind/files/ead_guideline.pdf

    Read the second last question





    indyanguy
    01-21 11:58 PM
    So, what are the options for EB3-I? It appears that porting to EB2 will be more difficult moving forward due to difficulties in getting PERM approved especially for IT professions.

    If the recapture of unused visas does happen, what is the estimate on how much EB3I would move?





    cowboy
    07-19 10:17 AM
    EB2/USPS certified delivered on 02-Jul-07 12.45 pm JULY CURRENT(as per USPS tracking no. confirmation)

    BUT I GOT HOLD OF PS 3811 FORM WHICH IS TYPICALLY GREEN FORM RECEIVING GUY SIGNS HAS STAMP OF 062907. EVEN THOUGH IT REACHED ON JULY 02

    EXPLAINATION I GOT FROM USPS CUSTOMER SERVICE THAT JULY 02 BEING THE FIRST DAY AFTER LONG WEEKEND THE GUY MIGHT HAVE FORGOTTEN TO CHANGE THE DATE.

    I AM WORRIED HE MIGHT HAVE NOT STAMPED THE SAME DATE ON MY APPLICATION. IN THAT CASE IT WILL BE RETURNED.

    SINCE MINE REACHED AT 12.45 PM I AM THINKING THERE SHOULD BE BUNCH OF APPLICATION REACHED BEFORE THAT WILL HAVE SIMILLAR WRONG STAMP ON DELIVERY RECEIPT.

    IS ANYBODY AWARE OF THAT?



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