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  • abracadabra102
    08-10 05:51 PM
    Moderators Ban this jackA** for wasting everybodys time....If it is a typo he better correct it...if not BAN him for causing unnecessary confusion and being such a reckless member

    I second that




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  • anilsal
    03-17 12:54 PM
    (I am not an attorney)


    File in EB1-OR. That has slightly lower requirements than EB1-EA. Since you are in research and have a job, you may have better success with EB1-OR. I guess maybe because EB1-OR does not have premium processing, you applied in EB1-EA? (http://bit.ly/dophyK)
    File regular PERM application. If your perm gets approved, then you can renew H1B in yearly increments. Once you get 140 approved, then you can renew at 3 year phases.

    I recall USCIS had 140 in premium processing if your H1B was expiring soon (in few months). Check up on that.

    NOTE: It seems for EB1-OR, the applicant has be in tenure or tenure-track position if working for an University.




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  • amsgc
    07-23 12:08 AM
    Did you send them a copy of the approved I-140 and request them to port the PD?
    Also, do you know if your previous I-140 has been withdrawn?

    All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lDcky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.

    Aamchimumbai




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  • kumar1305
    01-23 12:35 PM
    Can you provide more details...?


    I work in south Florida. My employer is seriously involved in helping the people. They got a blood bank here and requested to donate. Even though I never did before, I thought it is much required now as I see many people are in the hospitals. They were even collecting the red blood cells sending plasma back in to the donor. This is done by some machine. But that was a bit painful and time consuming, I preferred to donate blood the tradition way. Money is collected by few employees on behalf of red cross and few other charities. So employees got some cakes, buns and you buy a piece for $10 or $20. Not only that we can donate our old usable clothing, blankets.



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  • abhisam
    07-09 02:12 PM
    You cannot ask for an interim card by or before September 10th as you finish your 90 days of application only by September 23rd (and you might actually get your card by that time). What you should do if you don't receive your EAD by the mid of August is to take an infopass appointment and request them to speed up your process. Be genuinely sincere and explain your case. If you are lucky they might either issue you an interim card or might just get NSC to speed up your application.

    My take is you will receive your card by the end of August at the very least. So don't worry.

    Thank you! will pray that i get it by august or take the infopass appointment. Really appreciate all your help.




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  • black_logs
    01-30 09:48 AM
    It's too late for that. We have so much of paperwork allready done!!!



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  • gc_kaavaali
    12-09 10:53 AM
    Guys,

    Right now there are 154 guests accessing this site...please become a member, join state chapter and please please contribute to IV..




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  • green_mile
    10-04 02:09 PM
    Is it advisable to put in a big % of your income into the retirement account. There seems to be a nearly 30% early withdrawal loss if you ever were to pull money early out of that prior to 60 years of age. So basically your own money will be lost.
    Any ideas on this issue? It is not that I am planning to withdraw early but just for information purpose.

    1)If you have a company match(if you contribute certain percentage company also contributes certain percentage towards the account) then it is wise to put money in 401K.
    If not given the crappy funds offered by the 401K plan provider it is not a good idea.

    2)Also don't go overboard with this 401K , don't put too much money , if you still want to invest there are other vehicles like Roth IRA.

    3)Talk to qualified financial adviser instead of seeking advice from annonymous folks, especially when it comes to your money.



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  • arihant
    02-15 05:32 PM
    http://www.foreignlaborcert.doleta.gov/

    I found this on the DOL's website above.

    Foreign Labor Certification
    Backlog will be eliminated 9/30/2007
    There is a statement in bold below this which says "18 Months Remaining". I am unable to post this jpg in the forum.

    I read through the text below it briefly and did not find any more interesting info.

    Found this strange that they are advertising the fact that 18 months remain while they do not seem to have completed even data entry in over a year as evidenced by the fact that several of us are still waiting on the 45 day letters.




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  • singhsa3
    05-01 11:50 AM
    I know only three things:
    a) USCIS recommend DOS what visa cut off dates are .
    b) We know that cut off dates movement have been arbitrary
    c) If I don't help myself there is no one who is going to help me out of this mess.

    First USCIS has no control or rights in visa allocation. It is 100% DOS job. I am not pesimistic, but it may not helpful. DOS under obligations, sets the cutoff dates in various catagories as per INA, its regulations and their SOP. Recommending some procedure is a major change for them. They have to verify whatever you recommend does not violate INA, and the regulations. Even ombudusman has not achived to modify the visa allocation procedure at DOS. Only thing you can do is, if you have any evidence that DOS is not following the INA or the regulation, you can bring to their notice. Thats all you can do.



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  • zCool
    04-03 01:30 PM
    In that case, just do the best you can,
    This type of issue used to be answered and helped by unitednations
    In fact he was a miracle worker when it came to A2P. I haven't come across posting from him in a quite a while but do check archives from IV and immigrationportal. You need someone of his knowledgebase




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  • frostrated
    07-11 12:09 PM
    I see dark every where for EB3 until we do something there is no hope guys.....

    This is really suc...............

    actually, i think that the EB3 will also make rapid advances come October.
    with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.



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  • kaisersose
    10-15 03:04 PM
    If you have two jobs on hand, and your sponsoring employer keeps the offer for the future job open, then you can simply use your EAD for both jobs. What would you need the H1B for unless you have reasons to believe the I-485 will be denied?
    If you wish to change employers, i.e. no longer take up the job with the employer who did your labor cert, then wait for 180 days after the receipt date of your I-485, find a " same or similar" job and use AC21 portability. - The AC21 law is kind of complex, most use the services of a (competent) lawyer.


    A top attorney's fee for sending an AC21 letter to the USCIS is $3000. I assume all competent lawyers would be priced similarly.

    But he also adds it is not necessary to use his services for Ac21, if the case is simple and straightforward. If you feel there are some twists or ambiguities in your case, then it is best to pony up the dough and have a lawyer send the letter instead of you.




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  • gc28262
    07-31 02:14 PM
    Thank you for your prompt response

    1. Since company did not send me to USA after getting h1b visa 32 months back. Can he take legal action to pay liquidated charges? as mentioned below in the agreement.

    I don't know the details about the contract. Just complain to DOL. Your "employer" will be so busy defending themselves, they won't have any time left to come after you.

    Extract from Agreement: If the employee terminates the agreement prior to the minimum period of 18 months, the employee will pay company liquidated charges of 4000 USD.

    Liquidated damages ? Not sure how they have incurred some damages because of you. Since they claim to be your employer , they are supposed to pay you the salary all these years. Have they paid you all these years ?

    2.Can New Jersy laws applicable in India to send a legal notice to me?

    I am not a lawyer or one knowledgeable in law. Discuss with a lawyer in India and see whether your employer can do anything to you in India depending on the contract you signed. As for US side, you have nothing to worry.

    3. Since I have not travelled to USA on H1B, Can I be called an Employee of that company who processed my H1B.


    4. Can I take any legal action against him as he did not send me to USA despite the fact that I renewed the Bank Guarantee twice.

    As for US, complaint to DOL. DOL will do the needful without you spending a paisa. For India, discuss with an Indian lawyer.

    Pls answer the above 3 questions.



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  • sudhirdd
    07-11 04:36 PM
    As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..

    Thanks a lot for your valuable input.

    But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?

    Please let me know.

    Thanks for all your input in advance.




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  • cdeneo
    12-13 07:11 PM
    I was driving to the US from Canada and got a new I-94 on the port of entry. Immigration officer put a date that was 10 days ahead of the expiry on my I-797 telling me that I would have 10 additional days post I-797 expiry to leave the country.

    Is this normal? Do I need the date changed on my I-94 to be the date I have on I-797? I would really appreciate your input on this.



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  • waitingnwaiting
    05-20 09:32 AM
    How do we get other's in similar situation and see if IV can get some clarificationas to the status and present backlog of background check applicants.

    FBI had eliminated all backlog to less than six months and what happened to USCIS continuing to process the application for cases that FBI has not responded within six months.

    IV can they collect a few applicants and then look into a class action WOM. (writ of Mandamus).

    I do not see any reason why IV should file a lawsuit for you. It will be a waste. On top of that, you have not even contributed $25 ever and now want IV to help you with its resources because you are stuck. I would rather IV work on big problem like recapture than individual problems. You should use a lawyer and pay him to solve individual problem.




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  • kubmilegaGC
    09-11 03:52 PM
    bump...




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  • xtronics
    07-07 01:57 PM
    gultie,
    what sector are you in? IT/ Engg.?
    is it for a consulting company? If so, Desi?
    I heard they are scrutinizing desi consulting companies meticulously
    I will be filing for my extension within the next few weeks




    kaisersose
    08-24 01:50 PM
    One a 485 is applied and is pending, it is possible to replace the underlying 140, even if it is from a different employer.

    Reasons why one would do this -

    1. Moved away from sponsored employer within 180 days and a job offer from this employer is no longer available

    2. Job Role changed significantly enough to warrant a new Labor.

    3. AN old Labor with an earlier PD suddenly got approved. Get a 140 approved for this Labor and replace the earlier 140 with this one.

    4. Upgrade from eb3 to eb2.




    jayleno
    08-21 02:43 PM
    I once explored the Indian job market. The sun is really hot!!! Beware of the Surya. :)
    ... anyone explored Indian job market, if yes then what is hot?



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