Thursday, June 23, 2011

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  • nousername
    03-18 09:35 PM
    What happens if your W2 is higher then the prevailing wage? Like $22K higher?


    You are thinking too much. Whether you are in Bay area or in NYC , it does not matter. All they care is whether you are getting a salary mentioned on the LCA or not.


    I




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  • krishnam70
    03-23 07:51 PM
    Hi,
    We talked to the DOL people. They said that since my wife didnt start working with them on H1 and never really worked with them we dont have a basis for claiming the 1500 dollars in filing fees. Do you think this is correct? If so what else do you think we can do on this case? Thanks for your reply.
    Amar

    Per law employer states that he/she has a project on hand and its their responsibility to pay for the filing fee of the applicant. So you have every right to sue the employer for the same. Was there a gap between the time your wife got H1 and she subsequently got an EAD? If yes you can claim salary from the day her H1 was approved and you got the 797 in hand.

    BTW your lawsuit might end up costing more than the $1500 you paid but if you want to do the right thing go sue the employers a$$

    - cheers
    kris




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  • inskrish
    04-18 09:42 PM
    Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.

    Hi,

    Sure. I can post the details in a couple of days once I have obtained all necessary information about my denial notice.




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  • BeCoolGuy
    04-16 04:29 PM
    Stay on H1B. Renewal does not have any such strict health checks or anything required. Use EAD as a backup only!



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  • rajivkane
    09-16 11:49 AM
    Hi Guys!

    By law how many days one is required to stay with sponsor after GC approval in EB2? What documents we will need to prove to USCIS at Citizenship interview to prove that we stayed with sponsor for "required" time.

    Thanks,

    Raj




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  • gc_lover
    06-24 11:26 AM
    __________________________________________________ ______

    Though the principal employment-based categories are current for July, future retrogression is possible later this fiscal year, particularly if demand for immigrant visas increases substantially. Visa numbers can retrogress in the middle of a month and become unavailable without prior notice. If there is a mid-month retrogression, USCIS could elect to stop accepting adjustment applications. While this is unlikely to occur in July 2007, it becomes more and more possible as the fiscal year progresses.

    __________________________________________________ ______

    I found this article on
    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/8d3d061006d75c47852572ff00687697?OpenDocument

    So, it looks like it can retrogess anytime. However, I don't think there is anything we can do to avoid retrogession. Do the best you can and file as fast as you can. No point worrying!



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  • raysaikat
    07-28 08:12 PM
    --



    -- Is this really true? I have heard different opinions on this. I have also heard that once you use your travel doc, you become a parole and the H4/H1 status is no longer valid. I have the luxury to use both H4 or travel doc but I would rather use H4 to avoid entering as a parole.



    You missed the point.

    1. Every member of your family must have AP in possession before s/he leaves US so that his/her I-485 application is not considered abandoned.

    2. S/he do not need to use AP when s/he reenters. S/he can only show his/her H1-B/H4.

    In other words, it is the following scenario that you must avoid: "A person leaves US before s/he has his/her AP document in possession".




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  • like_watching_paint_dry
    09-07 12:56 AM
    aiyo.. caal centers een india do butterr job of trraining weeth amreekan aaxent. that too een one month yonly at one tent the caast. they shud outsorce and use voip and doo enter-acteev training over yenternet. now heer is a phree busy-ness idea farr you. phorget new jerseey kaastly training.



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  • BECsufferer
    02-11 07:45 PM
    Please don't go with my above comment. That was in lighter mood. But what do you guys think about another round of Gandhigiri campaing?

    Last one worked quite well. Kudos to those to made it success.




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  • qualified_trash
    08-30 12:05 PM
    When you are applying for the PERM, who decides the requirements? Your employer who sponsors you, or the job itself?

    Be wise. When we talk about whether we use MS+2 or BS+5, it doesn't mean we tailor the requirements. It's the issue of which is more important, the academic studies or the working experience.
    You are right. The issue is which is more important, the academic studies or the working experience.

    And, that is decided by the job that needs to be done, NOT by the employer who sponsors you.

    If you were an employer sponsoring someone's Greencard, you would first write down the job decription and then decide if it falls under EB2 or EB3, not the other way around.

    cheers,
    QT



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  • dingudi
    04-20 11:18 PM
    i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..


    But will the remaining time not depend on H1 period left. Example, if first 3 years of H1 used followed by 1 year EAD use then one would still get additional 3 years for H1 without being counted against the cap. But you would still have to do consular notification instead of change of status as there is no status to change once you use EAD.




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  • vin13
    07-15 09:24 AM
    Hmm.. maybe i did not make it clear.
    What I meant was, if you make 4 copies of your photo and use two of them in one application, then USCIS is not allowing you to use remaining two afterwards claiming that picture should be recent and 'unused'. They are asking of 'different' picture altogether.

    USCIS do request you provide pictures that are less than 6 months old. I had a situation where i recieved an RFE for my AP application with a request for another set of photos without reason. They were new and taken from a reputed photo studio. I had to submit new pictures. Not sure if USCIS lost the first set.

    Sometimes there is no valid reasoning.

    I had a friend who got a RFE requesting new pictures. He told me that he had submitted new pictures. With further discussion, i found that he had a old negative that he got prints developed recently. So he considered them as new. :D



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  • nixstor
    07-09 08:09 PM
    Thanks Nixtor, I am in CA, but would have been more than eager to join you otherwise. Could you record (handycam) a few shots.

    AJ,

    Thanks for the offer. I am not sure if I have permission to shoot any thing on a federal govt agency premises, but will do my best. My sources tell me that some main stream media will cover it. For us to be able to make a good impact, we need to have people there.




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  • makemygc
    07-30 05:14 PM
    Thanks for posting this. I was thinking of creating a thread for this purpose. Self filers please make sure that you file the "correct" versions of 131 and 765

    Here is a link for your reference.

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D

    Interesting thing with this new form is the re-enactment of interim EAD. We yet to get any confirmation on that though.



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  • indigo10
    10-25 02:32 PM
    how do you get a copy of the approved i-140 if the employer is not willing to give it?

    There is no straight way to get a copy of I140 approval notice. For all practical purposes the I140 reciept number will be sufficient(eg: To retain your priority date in case you file GC with another employer).


    However, You can file a request using FOIA. Check the following threads.

    http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html

    http://immigrationvoice.org/forum/forum105-immigrant-visa/1603609-foia-for-i-140-approval-notice.html




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  • gimme_GC2006
    08-10 09:01 AM
    It takes about 1 to 2 weeks for the information from FBI to be tied to your case. So when your SR was raised, the inormation might not have been available yet.

    So, if you do not get greened by end of this month, raise another SR request or take an Infopass.

    Are you sure that it takes about 1 or 2 weeks? I have seen in this forum people getting approved few days after finger prints?

    Just trying to understand, if it is a fact or gut feel



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  • ameerka_dream
    05-06 03:52 PM
    Guys,

    I need your suggestion. My birth was not registered within one year of my date of birth but it was registered recently and I got my Birth certificate with me. I'm just preparing documents for filing for 485 in near future. Some body has just mentioned to me that USCIS would send an RFE if I submit that Birth Certificate with 485 filing. Could anybody have an idea about documents that I would need to get and to submit with my birth certificate as per my per later registered birth certificate ?

    I would appreciate if anybody can point me with links if somebody already gone through this.

    Thanks.




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  • iv4gc
    07-28 12:57 PM
    Hi,

    First some background.
    EB2I PD is July 2006
    I140 filed Sept. 2006 and approved Oct 2006 with Company A.
    Left Company A and joined Company B in March 2007 (172 days after I140 approved).

    Filed I485 in July 2007 (Medical RFE received and answered in 2009 - implies possible pre-adjudication??)

    While with Company B started new EB2I process for a similar job profile (lawyer thinks it is close enough for portability) with PD Oct. 2008. I140 approved June 2009.

    With current rapid movement in EB2 cut-off dates, if I become current in Sept 2010 what is best course of action to ensure I receive and keep the GC that is based on application sponsored by Company A?

    1. If I get GC, just keep working for Company B (lawyer thinks this is just fine to do).
    2. If I do get current in Sept 2010, try to capture PD of first application and use for application sponsored by Company B?
    3. Get the GC and move back to company A?
    4. Any other options??

    Thanks for your time.




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  • vactorboy29
    02-19 06:01 PM
    Vivek Dude, I don't know about that...

    After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...

    For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...

    AP - Is for travel purpose,no connection to your work status in US.
    EAD - is your work status .If you use it your H1b is envalid.




    baburob2
    10-08 01:48 AM
    thx.




    fromnaija
    09-21 04:26 PM
    Since I did my master's here. I think they filed my case under EB1...I need to re-check. If this is the case then how long does it take. Yes I'm an indian.

    I doubt if a Masters qualifies for EB1. But if you filed under EB1, then you should be able to file I485 immediately as that category is CURRENT. Check and confirm the category your employers filed and post your question again.



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