Tuesday, June 14, 2011

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  • reachinus
    12-26 08:34 AM
    Hi There,

    In the substitute you have to report only the pay that you have received and you have to report to DOL if your Employer doesn't pay you atleast for the time that he got paid from the client. But logically speaking he has to pay you from the date you are on his H1.





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  • smuggymba
    03-07 09:40 AM
    I have an approved I-140 from my current US company but there are some discussions of "layoffs" going around and I want to be ready for any scenario.

    My question is whether I can retain my PD with an approved I-140:

    1.) If the employer hasn't taken any decision to cancel I-140.

    2.) If the employer writes to USCIS about cancelling I-140.

    Thanks.





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  • chandra140
    08-28 11:09 AM
    Hi,

    Got some info reg my 140 issue.

    First my 140 was filed in first week of april and got receipt notice with received date as 11-Apr-08, and later it was rejected because of check bounce issue.

    Again my 140 refiled in july,and got my 140 receipt notice with received date as 24-Jul-08.

    (My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08)

    Got this response from my lawyer:
    we first filed it well before the dates,so you should not have a problem, as this is refiled in follow up to the original one.

    I am still wondering the USCIS will process my 140.





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  • kaisersose
    07-26 03:25 PM
    To travel out of the US when a 485 is pending,

    1. You should have AP or

    2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt

    So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.



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  • jnraajan
    04-07 02:45 PM
    Folks,

    My mother-in-law applied for a B2 Visa and she was granted a 10 year/Multiple entry visa. At the POE, IO gave a 6months stay on her I-94 form. So far so good!

    We wanted to extend her B2 for another two months so that we can go around a bit during Summer months. We applied for an extension ( I-539 Application to extend Non-immigration status) and we received an acknowledgement from VSC.

    The question is, VSC is processing I-539 for August 07 and I dont think we would be getting her approval before her I-94 expires at the end of this month.

    Some folks might have gone thru this situation before. Based on your experiences, can you pls. let me know what are the possible options here?

    Rgds,
    gcisadawg

    Keep the receipt in hand. She can leave when she is ready to leave. If VSC responds or has an RFE after her departure, you can respond to that RFE and also provide proof that she has left the country already.

    But, the fact is, USCIS does not take it kindly when people on B2 Visa extends beyond the 6 months. She may have trouble coming back a second time. Please be advised of this.





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  • EkAurAaya
    03-19 09:46 PM
    I think you need to talk to the CPA for tax and not lawyer....

    This came from a real estate lawyer... usually they know what they are talking about. But you are right, wont be a bad idea to run this by a CPA



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  • rkgc
    08-20 02:02 PM
    Hi All,
    If we can get one thing fixed, it should be about adding another step before 485, i.e. people should be able to apply for 485 without the priority date getting current/get EAD so we can move to different companies. At-least it clears lot of head-aches for me. I know that I am dreaming, but hey... that's all I got.

    RK





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  • Ryall
    09-04 01:08 PM
    its almost like smuging, or smearing a pixel value.

    Peace



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  • nk2006
    05-11 10:13 AM
    As zCool pointed out, points based system is just a delay technique. No point in discussing its pro's and con's. If they treat it as long term solution with proposal for near term; then it may be OK otherwise we are screwed.

    Point based system is much much more difficult to formulate. With present pace of lawmaking and implementation capability (of congress and USCIS respectively) it will take years before anything can happen and we will be rotten by that time.

    Our hope is with CIR with a few of our measures or SKILL/STRIVE/TALENT etc.





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  • waitin_toolong
    08-08 10:36 PM
    they said the decision will be based on the bulletin applicable at the time of approval. what is the date of approval if after Aug 1st then you have a case otherwise you do not.



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  • EB3_SEP04
    08-22 11:24 AM
    I applied on June 12 (paper file) at TSC , Notice date June 18th , RD June 13th and received EAD cards on Aug 18th (CPO mail on Aug 15th).

    Hope this info helps.

    My RD is 7/2/08, still waiting for approval, not even an LUD after notice date. I see EB2 folks getting renewals within 30 days or so. Isn't this descrimination?





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  • ags123
    07-26 12:40 PM
    spoke to the lawyer and they said they have experience last month of filing a I485 similar to mine at Nebraska and had no issues.

    So I guess I will have to trust them and see. She also mentioned 2 yrs is the time for follow to join not 180 days.

    Fingers crossed



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  • gcwait2007
    05-16 03:25 PM
    Unseenguy, Thank you for the good, satisfying answer.

    I have few questions:
    (1) Let me allow my present company to file I-140 as regular processing (mark as 'I-485 processing' in I-140 part IV) and change it later, using I-824 to convert from AOS case to Consular processing for using AC-140? This is faster and easier. Whether my understanding is correct?

    (2) What documents one needs for filing Consular Processing? Is it the same set of documents for filing I-485?

    (3) I hear that one needs to get police clearance certificates. Where does they come from?

    I look forward for your reply,

    Thank you





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  • VDaminator
    06-06 06:05 PM
    Nice work vd...lol I only see one path...
    There is another path it is just hard to see since it is overlapped by the word evil



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  • Oasis52
    05-16 08:37 AM
    Hi
    Thanks for the replies

    Actually I posted this same question on Lawbench.com (paid service) and one of thier lawyers provided me with this asnwer:


    You cannot leave the United States while a change of employer petition is pending. Unless, that petition requests for Consular Processing. You would need to show your valid passport, H-1B visa, and current approval notice for Co B. Yes, you can enter with Company A's visa stamp.

    If you cannot wait in the US for Company B's petition to be approved, you would need consular process the petition and travel with the approval notice.



    My concern comes is WHAT SHE MEANS BY CONSULAR PROCESSING? Does it applies to Consular Processing?

    Also what about H1 Protability 2001 ACT which says if transfer is in process, one can enter the country just on receipt?





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  • pd_recapturing
    06-01 06:39 PM
    Yes. Chem2 is right. Your salary should be matching with your H1B LCA. GC LCA salary is supposed to be for future job. I also have the same issue and I confirmed it with my lawyer and Others too. Is your I-140 approved ?



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  • pcs
    04-17 02:14 PM
    What do you mean by PERM was done in 60 days? Do you know the login name & password of the employer. I mean the IT guy will need the login name to answer any querry else he can not pull any info.

    How come there was no receipt. Was it filed at all or was rejected by the computer & you do not know that?





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  • Munna Bhai
    11-14 09:56 AM
    Assume one uses AC21 on EAD. Now, when there's an Employment Verification RFE for I485, is it possible to submit a letter from an employer B even though one was working with employer A at the time of the receipt of RFE?

    The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?

    Thanks!

    Yes, you can. With EAD you can even become CEO of any company but for EVL, you can submit offer letter from future-employer but remember once you get green card, you need to work for this "future-employer" for 6 months.

    Hope this helps.





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  • ags123
    07-26 09:57 AM
    I recently got my Eb2 India Employment based I-485 approved. I am going to file my spouse's I-485 soon and was wondering what address I should send the forms to.

    The direct filing address says
    USCIS Chicago Lockbox

    For U.S. Postal Service (USPS) deliveries:

    USCIS
    PO Box 805887
    Chicago, IL 60680-4120

    For Express mail and courier deliveries:

    USCIS
    Attn: FBAS
    131 South Dearborn, 3rd Floor
    Chicago, IL 60603-5517


    However my attorney says we need to send it to the Nebraska Service Centre as my application was filed and approved there.

    So should my lawyer send it to the Chicago lock box or NSC? Please let me know if you have personally done this recently after the addresses changes





    senthil1
    03-05 08:53 PM
    We cannot justify the opposition to price increase as INS expects the fees to be paid by employer. So if needed employers can oppose not the employees. Only fees the candidates expect to pay is citizenship fees and all other immigration related fees should be paid by Employers as they are sponsoring gc


    USCIS fees cover none of the activities you mentioned.





    techskill
    06-23 02:23 PM
    White House Says Immigration Reform Unlikely in ’09 - Roll Call (http://www.rollcall.com/news/36115-1.html)



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