Friday, June 10, 2011

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  • zCool
    04-02 01:18 PM
    So is it important to be currently making more than what is mentioned in the GC labor application ? As I have been informed, the prevailing wage as mentioned in the GC is for future employment and it is OK for the employee to be making less than that and it only means that the employer should have the ability to pay you that wage after you get your GC ? Is this true ?


    That is true,
    Ability to pay issue can be replied with company financials and assets etc.
    Paystubs and W2s are pretty basic queries, they ask them in lot of places..
    even h1 transfer can not happen without recent paystubs..
    I am confused.. they don't have money? in that case how will they even answer RFE?





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  • usirit
    08-04 12:58 PM
    You are right... you should not submit documents with your LC first submission. In my case, they asked for some documents after my submisission(what it's called Audit); one of them was the Ad which they were not satisfied with it, so they Denied my case. However we appealed sending the whole Ad page making them change the case back to 'In Process'.

    I hope so too and thanks for your reply. I am still confused. As far as I know, you are not supposed to send/submit any supporting documents with your LC application unless it is asked for in a later date.

    Now my question is, did they ask you to submit the newspaper ad some point after your manager/lawyer submited your LC application online? It seems like you sent the just ad part and they were not satisfied with it and asked more evidence and you sent the whole page again. Did they deny your LC after you sent the whole page ad or what point did they deny it?





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  • div_bell_2003
    09-18 02:24 PM
    Any response to that ? My wife's EAD is expiring on Oct 22nd , I have e-filed for her EAD renewal , got the receipt and the FP notice promptly, but after Sep 03 FP, no status update and I have seen people applying after me ( paper filed ) getting CPO emails :( , so can she work on the receipt or not ? any pointers ?

    Just to add, her EAD renewal is pending at NSC but the FP notice came from MSC, hope NSC can access the biometrics from MSC ( heard some cases where once center could not access the other center's biometrics )





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  • Rinsha
    02-26 07:31 PM
    Came across this article:

    Title: U.S. Immigration Reform Bill Could Pass by July

    http://www2.csoonline.com/blog_view.html?CID=29025
    Can someone please explain, even just in broad strokes, how the Immigration Reform (if passed) would affect someone in EB3 - ROW?

    Thanks



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  • nogcyet
    10-30 04:07 PM
    My FP was done on 09/21 and there is no LUD neither on my I-140 nor I-485 which is pending. Concurrently filed both I-140 and I-485 on July 2nd.





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  • sandy_anand
    10-30 03:49 PM
    Plus focusing our efforts on these other bills would dilute our attention to CIR - the big one!



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  • unknown123
    11-09 12:01 PM
    What is your PD?

    Good luck
    Employer need to demonstrate 'Ability to Pay' from PD till I-140 is approved. Since you've used Nov 2004 labor, I assume that your PD is 'Nov 2004'. In this case your employer has to demonstrate ability to pay for year 2005 (even if you were not employed that time). If they have shown loss in 2005 tax return, chances are that your petition will be declined and only option is MTR and/or AAO.

    Here is some good info... http://www.ilw.com/articles/2005,0118-guevara.shtm

    You need a real good lawyer.

    All the best





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  • 21stIcon
    12-17 03:28 AM
    He is based in Dallas,TX. he provided excellant service to me in my tough journey.
    www.naidoolaw.com



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  • Vel
    01-21 08:33 AM
    Thanks for your reply and I understand that AC21 can be used for job in same or similar occupation.

    But my questions is that what happen if my GC applied thru Emp A for "programmer analyst" with 60K and now I am planning to change my job with Emp B as "Sr. Program Manager" with 100K?

    Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?

    Looking forward to have your answer on this... thank you so much in advance...

    Vel





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  • snathan
    03-30 12:44 PM
    People who want to contribute money will always do. You may get a few people to donate because of the "Donor" status, but most I feel want to contribute because they care.

    Please allow me to turn around that question and pose it back to you - so how do we keep and attract people to volunteer (for all the wonderful things that I mentioned in my post)?

    All I am saying is that this approach could hurt more than it may help.

    Yes...I respect the volunteer. But still we need money. What is the source for that. I am not saying that I am going to contribute everymonth. Whenever possible I am going to. Otherwise just keep going and not going to whine about that.



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  • man-woman-and-gc
    04-01 06:13 PM
    I would be appreciated, if people returning at NJ Airports can post their experiences of Successful re-entry . That would definitely be helpful to all other people, who will have to travel, in case of Emergency.

    I and my wife entered successfully at EWR, end of Feb this year. I'm on my 7 year on H1-B that was stamped just a month ago in Ottawa Consulate in Canada. Also, I had new passport renewed from India. My Visa was stamped on my old passport that was expiring in Dec 2009.

    My wife is in her 4th year (2nd extension) of H1-B and her Visa was stamped as well, a month ago at Ottawa Consulate.

    There were no issues at all at POE. We were asked what we did at our respective companies, but were not asked for any letter etc. Both of us are permanent employees in our companies.

    Feel free to PM me if you have any specific question regarding our POE experience at Newark Airport.





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  • lskreddy
    03-12 04:34 PM
    the only way to extend the H1 is to:
    - have an LC >365 days old
    - her I-140 approved

    Without either of those she does not qualify for H1 extensions. Best bet if EAD takes longer than 4 more months (should not, most people have got it within 90 days) and she cannot stop working for a while might be to try and recapture time spent abroad (to fully utilize the 6 years). If you were on vacation or travelling on business, hten all those days spent abroad can be used as additional H1 time. if thats been 4-5 months in ht elast 6 years, it might be worth recapturing...

    Would anyone know if there is a third valid case for H1 extension i.e.

    LC approved, I140 pending (just a month) but LC is less than 365 days old?

    My LC has been approved but will be only pending for 360 days on the day my H1 expires, I140 is pending and sixth year is going to be up this June. Can I extend or would i be forced to recapture some of my time outside US?



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  • ImmInd
    12-01 12:38 PM
    Yes! I have my H1-B Case Filing Receipt Notice with EAC number.

    I see the same message (as you posted) when I tried to see the status first time around Mid Nov. I thought it may take few days or a week to appear online (based on the past). But, same message till now!!

    Something is not linked right and may be due to some upgrade USCIS were doing in last few months. Not Sure!!!





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  • rajenk
    10-08 10:33 AM
    Our I-485 got approved on 10/01/2010. Yes porting PD and interfiling works. Follow the instructions in my IV blog



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  • sundarpn
    06-30 10:55 PM
    eb3retro,

    You changed on h1b transfer right? not on EAD?


    I am just curious if a new employer can keep extending h1b based on previous employers I140 (and the fact that 180 days have passed since 485).


    thanks





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  • ashneels2001
    12-06 11:14 AM
    In thi case you can only get GC if you remain alive while serving the US Army. Remember they want to put you in front of the enemy first before they pu their citizens.



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  • americandesi
    03-01 06:56 PM
    Don't worry, you will be let in after completing 3 years outside of Canada. But don’t wait till the last moment to make your move

    Here's the link from CIC Canada on residency obligation

    http://www.cic.gc.ca/english/information/applications/guides/5445EA.asp

    If you have been a permanent resident for less than five years then you must show that you will be able to meet the minimum of 730 days physical presence in Canada at the 5-year mark.

    When you land in Canada by October 2009, the immigration officer at POE will determine if you would be able to meet the 730 days requirement at the 5-year mark. If so, he will let you in.

    Once you're in, make sure that you don't travel outside of Canada even for a single day for the next 2 years, failing which you will loose your PR instantly.

    Also make sure to keep records of your ties with Canada from day one (like house rent receipts, utility bills etc..) cuz you might need those while renewing your PR at the end of the fifth year. Good luck!





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  • reddymjm
    02-23 04:58 PM
    I have same issue for the last and last but one items.





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  • roseball
    03-31 11:01 PM
    I have been working in the USA with an H1B Visa since Nov, 2007; this until August 2009 when I was laid off by my employer/sponsor (Company A). Last time I entered the US was August 13, 2009 (I was admitted until Sep 23, 2010 day the H1B visa expires). Last pay stub August 2009.

    I dedicated myself to get a new job (I didn't know at the time that my staying represented a huge risk for me). I finally got a job offer on November 15, 2009. It is an international group who just opened an office in Miami.

    Holidays, all the foreign management start up procedures, along with the fact that the lawyer was very slow, made that the actual application date for I-129 March 1st.2010. Imagine that. We required premium processing.

    On January 15, I asked my lawyer if considering the delay of the new employer (it is a new business here in the US), and all other issues, it was better for me just to leave the country and simple apply again on April 2010. He said no.

    On March 1, 2010 (effective date of the application) I started to formally work for company B -I just got my first pay stub. On March 22, 2009, USCIS sent a request for further evidence. The lawyer has the letter -I enclosed- in his desk since last Thursday. Response is due May 6, 2010.

    As you can see USCIS requires, among other matters, pay stubs from January 1 2010 to present (from Company A). For 2009 we filed my W2 and 2009 income tax return. They didn't ask for 2009.

    What should I do? Should I say that I don't have the pay stubs (implicit recognition I didn't maintain status), explaining that I indeed got an offer, and all the reasons for the delay?, or try to ask my ex employer if they give me a letter indicating I'm still her employee (I doubt they will do that, but I can try).

    What are my options/risks; deportation for instance? Should I leave the country immediately?

    You are in some serious trouble here.....You have been out-of-status since the time you were laid-off by company A. Though they didn't ask you for your pay stubs for the period of Sep'09 to Dec'09, it doesn't mean the illegal stay is pardoned. Not trying to scare you but you could be potentially banned for overstaying beyond 180 days....Moreover, you shouldn't have started working for company B since you were not maintaining a valid H1 status when your current H1 was filed. Your lawyer should have known better and given you advise based on your situation. Now don't make it worse by providing fraudulent letters claiming employment proof from your ex-employer. You might still have a slim chance to defend your case based on the fact that you had a job offer in hand, and the employer wanted to file your H1 but they couldn't do so earlier because of start-up procedures. I don't think that reason will excuse you from overstaying or not filing on time, but if the IO is generous, you might have a chance to get your H1 approved without an attached I-94, in which case you will have to go out of the country with the approval notice and get a H1 visa stamp and re-enter to be able to start working and gain back your H1 status. In the meantime, do consult with a reputed attorney and get advise on what would be the next steps.....Good luck.





    FUNTIMES
    04-15 02:22 PM
    Thanks all for the timely response. I had e-filed with taxact and will need to mail 8453-OL once the return is accepted.





    nath.exists
    11-03 04:17 PM
    shilpi,you dint have to respond if you found my questions dumb. Please refrain from judging my post. A couple of the questions might look repetitive but i seriously need help with those issues before filing for cross chargeability.



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