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  • kcforgc
    05-19 04:20 PM
    I missed the opportunity in July 2007 and would like to file for EAD.




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  • harsh
    03-20 01:10 PM
    sure seems like it. As with L2 visa holders, this would allow H4 spuses to apply for work permit.




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  • catchagarwal
    05-04 03:13 PM
    I was working on a company A(on H1B visa) and left 7 month back. While working on Company A, I was in a project in Company C through another Company B. I actually joined company B to avoid this chain. Company A released me after agreeing for his cut for 4 month, and then $2 per hour until the project ends. This was agreed by an e-mail between me and Company A. I stopped paying the company after 4 month of his cut.

    Now the company A has sent me a mail that they want a confirmation mail from Company B that my project ended. If no confirmation email, then they will send me a legal notice.

    Not sure what the employment laws are. Could you please advice?




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  • GCwaitforever
    03-24 02:32 PM
    Nope. Unless it has some Technology concentration.



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  • desiin_va
    01-04 04:03 PM
    Clink on members list, you should see the number at the bottom




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  • ramus
    06-19 08:47 PM
    You can take photo any where you want as long as you meet their photo specs.
    If you have AAA membership try it... You will get it for free.


    will any agent take photos or is there any specified location

    thanks

    kumar



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  • veni001
    09-14 01:28 PM
    Thanks in advance gurus!!

    the job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
    in the field or in a related area."

    Will this be a problem??
    as one of EB2 requirement is BS or equivalent US degree with 5 years of experience.
    But this job desc says its 4-6 years..
    Shout it say 5 or more years ??? please help me by commenting on this!!

    (This is my 10th year in USA, I would have become UK citizen if i have gone to UK in 2000)

    Thank you,

    Based on the Job Description Bachelors +4 years can qualify/eligible for this position so this job does not qualify for EB2 period.:(




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  • cc123
    10-04 04:31 PM
    From Poll results, it seems there r 3 people who got their FP notices already. Just want to make sure--you guys are NSC->CSC->NSC transfer cases or was it Xfr'd to TSC?



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  • gcpain
    05-20 03:59 PM
    1. If ur attorney is an AILA member, Check ur status through AILA
    - My attorney sumited request today. Same time will there be any reference number for this request to ask my attorney? Do you guys know how much long time it takes to get status?

    2. Call the USCIS customer service and submit an SR request
    - What is USCIS customer service number? what SR request I have to submit? Please elerobate little more.


    All you Immigration gurus, please advice. Thanks in advace fot you all.




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  • hsingh82
    10-12 05:33 PM
    I saw this article about eliminating the diversity visa program and using those numbers for EB categories.

    Link to Article (http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3687:)

    Will this do us any good?

    Thanks

    I doubt that it will go anywhere but if does it would be really good for us.



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  • ivorycard
    02-06 02:28 PM
    I will be promoted shortly as a Manager. My GC was applied as Programmer Analyst for the same company. When contacted the company attorney informed that it is not a problem, since 6 Months has been completed.




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  • surabhi
    08-11 10:39 AM
    Hi

    You may already be knowing this. But a note of caution, after hearing few horror stories on H4 going out of status involuntarily.

    Extension of renewal on H1 does not mean H4 is automatically renewed. Your new H1b is valid until 2009. Unless you have filed I-539 along with your H1b renewal application, your wife is not going to get new I-94. So if her I-94 is expiring december 2007, she will be out of status after that date, not withstanding your H1B validiity.

    It doesnt matter if her visa stamp has your latest employer listed. The single most important thing that will determine her legal status is the validity of I-94 stamp



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  • forgerator
    03-22 01:17 PM
    very sad. I hope they take swift action against the culprit and put her in jail.




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  • fide_champ
    04-09 08:17 AM
    My labour was filed in RIR on March 2005 and got approved on August 2006.

    The employer filed for a I-140 in November 2006.

    But in July 2007 while filing for I-485 the attorney filed another I-140 which triggered a duplicate filing on the previous I-140.

    Then in August 2008 when the second I-140 came for processing it got DENIED reason stating the attorney did not attach the certified labour copy while filing the I-140 (how silly it is ).

    But quickly to cover up their mistakes the attorney filed a MTR in August 2008 for the second I-140.

    My 6th year of H1B expired on November 2008 and my employer filed for 7th year extn based on approved labour and pending MTR.

    December 2008 the MTR got denied till date the employer is not talking about what happened to the MTR why it got DENIED. Subsequently my I-485 got DENIED. Also got an RFE on the 7th year H1B extn.

    Now to cover up again the attorney on the directions on my employer filed a new I-140(which is my third). And replied to the H1B RFE and the current online status shows case resumed as of January 2009.

    QUESTION:

    1. Am I technically Out of Status?
    2. If yes from when precisely?
    3. Is there any chances of applying a new H1B in premium processing?
    4. Will there be any chances of re instating the I-485 if the third I-140 gets approved?
    5. Is there a way to atleast ask the attorney to refund all the money that I have wasted because of the negligence of the attorney?

    Adding salt to the wound I have one more situation here.

    I need to renew my Indian Passport which is expiring in June 2009 (another 2 months).

    I dont have an approval notice with me, is it possible to renew the passport with the H1B receipt?

    Is there any Same Day passport service at SFO Indian Consulate?

    Kindly excuse me if I am confusing or not clear on points. I am very confused and mentally upset.

    Please GURU's I am eagerly waiting for some +tive notes.

    Thanks

    Find another attorney who is knowledgable. I have been in similar situations like these and i know how it feels. The employer should be held resposible for all the mis-haps.

    WHat happened to your first I140?

    You are techically in-status as your H1-B is still under processing.
    As for your passport renewal, the H1-B receipt should be good enough to prove that you are in status. I think the indian consulates allow you to renew passport a year before the expiry date so you actually missed renewing well before your H1 expired. But anyway there is no way out now as you have to send the receipt and pray that they accept that as a proof.



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  • jonty_11
    11-02 10:54 AM
    BTW - I140 has to be filed by a sponsor Company and as far as I485 is concerned, you can do it on ur own, but it has to be based off of LC and I140 approvals which are with your Company..so its very difficult to file 485 on ur own..

    Sounds like somegchuh wants to know this to be ready with documentation when his Company is ready to file for 140/485 ( some day)




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  • PD_Dec2002
    07-07 09:49 PM
    I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?

    1. My LC was sent back to me on Tues (after 4 years).
    2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
    3. I am currently a little less than that if I can take into account all bonuses etc.
    4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
    5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
    6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
    7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.

    What should I do???

    I only know the answer for Q6. No, you cannot take bonus and other perks into account to calculate your total compensation or wage for DOL. The DOL wage has to be the annual salary that you will earn...as shown in your pay stubs.

    Thanks,
    Jayant



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  • ksnewyork
    07-17 06:35 PM
    not as long as I see it on USCIS website..
    Thisis Murthy website...


    It is on the uscis website under August bulletin.

    "D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn. "




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  • saileshdude
    08-28 10:32 PM
    I just booked tickets for an emergency 1 week trip to India and 30 mins later got a CRIS email

    ---------------------------
    We reopened this I129 PETITION FOR A NONIMMIGRANT WORKER on August 28, 2009, and are now reviewing our earlier decision. We also mailed you a notice describing the next steps in the process. Please follow any instructions on this notice. Our review should be completed within 30 days. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service
    -------------------------------

    Most likely my company revoked H1. Until this email came I was confident I could travel without worries of 485 getting touched/denied when I was in India.(I am planning to reenter using AP).

    I currently have found a similar job but havent filed AC21 papers yet. I am now hesitating to travel as something happens to my 485 when I am out of the country there is not much that can be done.
    So with
    a) H1 Revoked aug 28th
    b) Address changed
    c) AC21 not filed
    I am thinking of not travelling. Am I overreacting here ?

    You mentioned emergency in your post. If there is a medical issue regarding a near-dear family member or a really important event (may be immediate family members wedding) then you should go. These are more important things in life. Believe it or not when you look back that this in future you will regret the decision of not going if its truely an emergency.

    Most likely nothing will happen. Just take the offer letter with you from the new company descibing that your new job duties are similar to old one and also take copy of AC21 law.




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  • irukandji
    04-04 07:16 AM
    As veni001 stated to extend H1B beyond 6 yrs don't we need to have Approved 140? and you said your 140 was withdrawn after approval. So withdrawn 140 has no effect on H1B extension. Did you submit the 140 documents also to USCIS? my email id is kalyan.cdev at gmail.com please drop me an email with the details..

    thanks




    nashorn
    12-17 08:57 PM
    Hi friends!

    I have applied for my I-485 in June 2007.

    This is what i got on 29 Nov-2007

    On November 29, 2007, we mailed you a decision on your I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    and on Dec 11th my status changed to

    On December 11, 2007, the post office returned our last written notice on this case as undeliverable

    My attorney got letters that my wife and daughter got denied as mine was denied..i am runing out of time and still do not know why it was denied..

    we are at the same address where we got our EAD's and AP's and we have been checking the mail box every day to find out the reason.

    if somebody who knows or gone through the same please share with me what you did and what happened.


    thanks a lot.
    Ramana.
    If your atterney got letters of your wife and kid, yours should had been sent to him too. It is possible that the address on your 485 has some mistake. Ask your atterney to check that with USCIS, and ask the decision be sent again. Your atterney probeblely has done this already.

    People normally got a RFE or Intent to deny befor final decision. If the address on the 485 was wrong, your atterney wouldn't get those either. His not responding could result in abandenonment denial. It looks like there is a good chance that is what happened.




    amar123
    07-29 12:34 AM
    Thats it. This post is the final nail in the coffin :). These soft LUDs mean nothing. Confirmed!!! Thanx for sharing this info and n'joy ur green.

    Been saying that since morning, the whole purpose of this thread was so others dont get the sudden adrenaline rush on seeing the LUD.


    It took the whole day,and people still dont get it, and I get a red spot from someone claiming this is an unnecessary thread!!.
    Heck, we are all waiting for the 485 processing to happen,without any visibility,so, any info, we get , we lap it up.

    But, again ,like I said in the morning, this thread needs to be closed for replies and open just so, others can know that the sunday LUD was meaningless in the context of PD being current



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