quizzer
01-08 01:10 PM
Has anyone managed to withdraw money from TCS PF from Mumbai India?
If so, pls advise on the procedure for the same?
Thanks,
If so, pls advise on the procedure for the same?
Thanks,
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AK01
02-13 12:38 AM
No, experience from current company does not count.
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
sameerkhan7860
07-02 11:34 PM
Hello Folks,
We should call the new organizations. But in this case people will talk about this issue for a day, maybe two. The one thing that will catch people's attention is we do something OUT of the way!
I support one suggestion put forward by one of our members - Go the Munnabhai way! Send them flowers! Do you guy have any idea what kind of news that will be? If USCIS suddenly receive 1000s of flowers everyday? Granted we will be spending money from our pockets but that is a small price to pay to make our woes known to others!
This is really a cruel joke played by DOS and USCIS! We should not stand by and do nothing!
So, if people are interested... let us start a send a flower a day campaign!
Dilip
If we plan to send flowers, we should send them to the SAME place, same person, if a 100 different news stations receive these flowers, this would be of no consequence, the ideal person to send these to would be Bill O reiley, God (yea I invoke his name ;) knows that he loves to talk aout himself, and if you get him involved, and throw in the words like , "BUSH wanted us to be able to AOS", he is going to be all over it.
I am going to see if I can send him a note :)
We should call the new organizations. But in this case people will talk about this issue for a day, maybe two. The one thing that will catch people's attention is we do something OUT of the way!
I support one suggestion put forward by one of our members - Go the Munnabhai way! Send them flowers! Do you guy have any idea what kind of news that will be? If USCIS suddenly receive 1000s of flowers everyday? Granted we will be spending money from our pockets but that is a small price to pay to make our woes known to others!
This is really a cruel joke played by DOS and USCIS! We should not stand by and do nothing!
So, if people are interested... let us start a send a flower a day campaign!
Dilip
If we plan to send flowers, we should send them to the SAME place, same person, if a 100 different news stations receive these flowers, this would be of no consequence, the ideal person to send these to would be Bill O reiley, God (yea I invoke his name ;) knows that he loves to talk aout himself, and if you get him involved, and throw in the words like , "BUSH wanted us to be able to AOS", he is going to be all over it.
I am going to see if I can send him a note :)
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Jaime
09-16 02:02 AM
bump
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nviren
04-28 04:20 PM
Isn't this the same proposed rule that was published on Feb 14 in Federal Register and the comment period ended on Apr 14th?
In www.immigration-law.com, go to breaking news section and take a look at posting on 4/12/05.
Or
Go here
http://www.aila.org/RecentPosting/RecentPostingList.aspx?Weeks=4
and look at the posting for date 4/10/05
I guess DOL has not come out with the analysis of the comments received and its final stand yet.
Let me know if I am missing something here.
In www.immigration-law.com, go to breaking news section and take a look at posting on 4/12/05.
Or
Go here
http://www.aila.org/RecentPosting/RecentPostingList.aspx?Weeks=4
and look at the posting for date 4/10/05
I guess DOL has not come out with the analysis of the comments received and its final stand yet.
Let me know if I am missing something here.
texcan
02-16 11:11 AM
hi there is a clause "same or similar field", so as per shiela murthy, ron gotcher and prashanthi reddy, as long as you are in a IT related job its ok, you cannot go from IT to healthcare or cross fields.
so you are safe.
But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.
AC21 by law is not mandatory to file, does not matter what any attorney says. Some attorneys might want to make some money off of you and create a scare.
My attorney did mention that i should be in similiar field ( exactly as gcdreamer has mentioned here) that one should not more from IT to selling burgers or being a realtor as their primary jobs.
After 8 years is this h1 circus....i have moved on to get some certifications, experience in industry. how in the world can i stick to the same job on this GC was filed...
Imaging this, you play by rules and GC takes lets say.....20 years...will you be stuck at same job..no. on top of this what if at time of GC adjucation, you might get hit by some....obscure rule created by Grassley like folks....sitting on a tractor in IDAHO and planning for IT industry in San Francisco..he for sure would like you to stick to same field....same employer/farmer...as was in old days of slavery....
I say go for the advancement in career, you are not doing anything wrong.
My 2 cents.
so you are safe.
But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.
AC21 by law is not mandatory to file, does not matter what any attorney says. Some attorneys might want to make some money off of you and create a scare.
My attorney did mention that i should be in similiar field ( exactly as gcdreamer has mentioned here) that one should not more from IT to selling burgers or being a realtor as their primary jobs.
After 8 years is this h1 circus....i have moved on to get some certifications, experience in industry. how in the world can i stick to the same job on this GC was filed...
Imaging this, you play by rules and GC takes lets say.....20 years...will you be stuck at same job..no. on top of this what if at time of GC adjucation, you might get hit by some....obscure rule created by Grassley like folks....sitting on a tractor in IDAHO and planning for IT industry in San Francisco..he for sure would like you to stick to same field....same employer/farmer...as was in old days of slavery....
I say go for the advancement in career, you are not doing anything wrong.
My 2 cents.
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gogal
01-02 10:49 AM
It is said that 140 premium takes around 15 days... Is it true that, if there is any query during the premium processing, the 15 day count is not applicable.. I mean it goes back to the normal processing time in case of any query
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MannyD
09-07 06:36 PM
Please respond so that we can get an idea of the distribution of EB cases.
You have to be logged in to participate in the poll.
Thanks to MrWaitingGC for the initiative.
You have to be logged in to participate in the poll.
Thanks to MrWaitingGC for the initiative.
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wandmaker
12-31 12:30 PM
hi All,
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
It is very risk to go for stamping, any consular post with only one person working for the company. If you wait for an year or so, company should be able to back you up with enough financial paper work your stamping. Additionally, you will also have documents to prove continuous employment (pay stubs, w2 and tax returns). Also PIMS verification has begun at all consular posts, resulting at lease 4-7 business days of delay in visa issuance. If I were you, I would wait for a while and create enough documentation for successful stamping. My 2 cents - decision is your personal choice.
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
It is very risk to go for stamping, any consular post with only one person working for the company. If you wait for an year or so, company should be able to back you up with enough financial paper work your stamping. Additionally, you will also have documents to prove continuous employment (pay stubs, w2 and tax returns). Also PIMS verification has begun at all consular posts, resulting at lease 4-7 business days of delay in visa issuance. If I were you, I would wait for a while and create enough documentation for successful stamping. My 2 cents - decision is your personal choice.
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GCeffect
02-09 01:39 PM
Both the H1b have the same president's name and address during the application. is that enough. As I left that company and have no good terms with the last company anymore I don't know what kind of proof I can get. Also during the H1b application for Company A I receive some paper from the compnay that mentioned that the payroll of Company B is processed by Company A. All my W2's are from company A even i was working for company B.
Please advice
You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.
This is just one suggestion , ofcourse you have to talk to a lawyer before doing anything.
Please advice
You have to somehow prove to USCIS that company A and C are subsidiaries and mere mentioning that they have been owned by the same person may not fly. You need some kind of proof on paper.
This is just one suggestion , ofcourse you have to talk to a lawyer before doing anything.
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conchshell
06-13 02:02 PM
One more state chapter .... go ahead guys .....
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solaris27
03-06 08:14 AM
Congratulations
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waitnwatch
06-04 03:15 PM
As an F1 student you can surely apply for EB2-NIW. Being from India you will not be able to file an I-485 concurrently as EB2 priority dates are not current. On the other hand you may file for EB1-A and I-485 concurrently. Getting approval under any of these categories is not trivial though as there are a lot of things to prove to the USCIS's satisfaction.
One thing to note is that you may have trouble renewing an F1 visa from a consulate in India if you have a permanent residence petition pending. This is because an F1 visa is a non-immigrant visa with an intent to return to home country on completion of study. Filing for permanent residence will show that you are a potential immigrant and so donot fulfil the terms and condition for an F1 visa and will be a reason for denial.
Hope this help .........I'm not a lawyer though.
One thing to note is that you may have trouble renewing an F1 visa from a consulate in India if you have a permanent residence petition pending. This is because an F1 visa is a non-immigrant visa with an intent to return to home country on completion of study. Filing for permanent residence will show that you are a potential immigrant and so donot fulfil the terms and condition for an F1 visa and will be a reason for denial.
Hope this help .........I'm not a lawyer though.
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dreamgc_real
04-22 02:20 PM
Please go and talk to Hispanic Caucus about it. Maybe they will listen to your desperate call for help and suffering.
Tell them you want to buy bigger house, fancier car and get promoted to make more money. You cannot go to Europe vacations or on a Cruise without a greencard. Your wife cannot also make 100K+ money as much as you make and so your kids are starving. Tell them that you are very educated and have Ivy league degrees. Despite all your intelligence and smartness, your employer is exploiting you and not giving promotions.
Then say your problems are more important than problems of undocumented. They are anyways subhuman and you do not care if they do not have food to eat, get exploited, do not get medical care or have a roof above their house. They should all be jailed and deported like animals. USA is a rich country and can easily round up 13 million people and deport them. Suggest some ways of deportation using your smart intelligence.
I'm sure Hispanic Caucus and for that matter any Congress member will definitely listen to you without forming a negative opinion about the arrogance of the entire H1Bkind..
We need Immigration Reform. Period.
We want our agenda passed before theirs. They want their agenda passed before ours......... can't you see, they are the two sides of the same coin. So stop bickering about legal and illegal immigration.
Tell them you want to buy bigger house, fancier car and get promoted to make more money. You cannot go to Europe vacations or on a Cruise without a greencard. Your wife cannot also make 100K+ money as much as you make and so your kids are starving. Tell them that you are very educated and have Ivy league degrees. Despite all your intelligence and smartness, your employer is exploiting you and not giving promotions.
Then say your problems are more important than problems of undocumented. They are anyways subhuman and you do not care if they do not have food to eat, get exploited, do not get medical care or have a roof above their house. They should all be jailed and deported like animals. USA is a rich country and can easily round up 13 million people and deport them. Suggest some ways of deportation using your smart intelligence.
I'm sure Hispanic Caucus and for that matter any Congress member will definitely listen to you without forming a negative opinion about the arrogance of the entire H1Bkind..
We need Immigration Reform. Period.
We want our agenda passed before theirs. They want their agenda passed before ours......... can't you see, they are the two sides of the same coin. So stop bickering about legal and illegal immigration.
more...
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Prashanthi
08-27 03:29 PM
[.....Before your H-1 gets denied and before you move to EAD, it is important to change her status to F1, you can do this as long as her H-4 I-94 has not expired. You will need your latest Paystubs and H-1 approval to do this. ...]
My H1B visa may be getting expired Sep4th....but her old H4 approval is valid until 2011.
Is she safe even my visa (H1B) expired on 4th Sept.
If I apply F1 (Student Visa) now...it will take another 45 days to get F1 approval from INS.
So....what happens to her status? Is she valid to stay until she gets F1 approval notice?
~Thanks in advance
You have to file her F-1 before your H-1 expires or gets denied, also you might need to show that she will continue to be on H-4 as of the date that classes start (based on you being on valid H-1 status). If this is not possible i suggest you file a change of status to B-2 and then you can decide what needs to be done, this will give you some breathing room.
My H1B visa may be getting expired Sep4th....but her old H4 approval is valid until 2011.
Is she safe even my visa (H1B) expired on 4th Sept.
If I apply F1 (Student Visa) now...it will take another 45 days to get F1 approval from INS.
So....what happens to her status? Is she valid to stay until she gets F1 approval notice?
~Thanks in advance
You have to file her F-1 before your H-1 expires or gets denied, also you might need to show that she will continue to be on H-4 as of the date that classes start (based on you being on valid H-1 status). If this is not possible i suggest you file a change of status to B-2 and then you can decide what needs to be done, this will give you some breathing room.
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JunRN
12-18 05:35 PM
So USCIS is still reviewing I-140 even at I-485 stage. That is scary if your I-485 is at different service center than your I-140 approval.
This is really a very scary ride. Hope we can all survive.
This is really a very scary ride. Hope we can all survive.
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lj_rr
11-11 06:11 PM
BUMP...Anyone?
Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
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print0104
08-28 05:01 AM
Hello,
I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. But my H1B visa is going to expire on September 30, 2007 and I have taken a long break for my health problem from my "current" employer since last year December. Now I am in my home country. Recently a US law firm wants me to work for them and starts to line up an interview for me. What's possible result of my H1B status and what's your suggestion? Thank you very much~~
Sonia
I am currently under H1-B status, and have received a visa stamp at the embassy in my home country. But my H1B visa is going to expire on September 30, 2007 and I have taken a long break for my health problem from my "current" employer since last year December. Now I am in my home country. Recently a US law firm wants me to work for them and starts to line up an interview for me. What's possible result of my H1B status and what's your suggestion? Thank you very much~~
Sonia
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indyanguy
11-06 08:31 PM
You cant use to port date after using AC21 ,your job responsiblities need to be same or of smiliar nature so u cant interfile as EB2 job responsiblities will differ. Porting of dates always carries risks more checks more documentations.
If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?
Thanks!
If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?
Thanks!
pappu
09-09 11:08 PM
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puddonhead
07-24 04:44 PM
Hey, what is the cash back rate? 1%, 2%? Is there any limit?
Platinum amex, for first 2 years of membership, gives me 3 thankyou points per $ spent (5 for bonus categories of gas, supermarket and drugstore). Premierpass I think is 1 and 3 (not sure).
I think there is an annual limit per year - never needed to worry about it.
You should be able to find the details at citibank.com.
I personally use Platinum amex as my primary card and premierpass elite as the secondary for places where American Express is not accepted. I've already got > $1400 in GCs and other stuff from thankyou network between myself and my wife. This $1400 includes the $500 from airline bonus points for my india trip.
Platinum amex, for first 2 years of membership, gives me 3 thankyou points per $ spent (5 for bonus categories of gas, supermarket and drugstore). Premierpass I think is 1 and 3 (not sure).
I think there is an annual limit per year - never needed to worry about it.
You should be able to find the details at citibank.com.
I personally use Platinum amex as my primary card and premierpass elite as the secondary for places where American Express is not accepted. I've already got > $1400 in GCs and other stuff from thankyou network between myself and my wife. This $1400 includes the $500 from airline bonus points for my india trip.
