augustus
10-08 05:57 PM
Ok! God help me here.... My lawyer responded this morning that h4 is valid even after using EAD. EAD is only a benefit.
Now what is true? So much of information floating around and I don't know what to take and what not to!!!!!
Please help me, my husband also has no clue..
Now what is true? So much of information floating around and I don't know what to take and what not to!!!!!
Please help me, my husband also has no clue..
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gjoe
10-05 12:04 PM
Because his RD is before yours. When a PD is current , GC is isssued based on RD.So if your PD is May 2002, but RD is July 2007. and another guys PD is May 2004 but his RD is June 2007...The other guy will get GC first.
In july uscis assigned visa numbers to variious cases with older RD regardless of PD.Hence, you will see approvals in the coming month, inspite of the fact that their PD is not current.
For no fault of mine why should I suffer? I didn't file in July2007 because I didn't want to do it earlier. It was USCIS fault for not being able to come up the correct cuoff dates and DOL's problem in approving Labor certs with two different systems.
I think bad managment affecting your life is a good reason for sueing for damage
In july uscis assigned visa numbers to variious cases with older RD regardless of PD.Hence, you will see approvals in the coming month, inspite of the fact that their PD is not current.
For no fault of mine why should I suffer? I didn't file in July2007 because I didn't want to do it earlier. It was USCIS fault for not being able to come up the correct cuoff dates and DOL's problem in approving Labor certs with two different systems.
I think bad managment affecting your life is a good reason for sueing for damage
xbohdpukc
04-02 10:06 AM
You guys probably verified this already but -
if you read (the intended) Sec 218D (amendment to the INA) and Sec 602 of S.2454, they do not exclude legal aliens.
All that is required under 218D is that a person must have been in the US on or before Jan 7, 2004 and have proof of employment.
Why shouldn't a legal nonimmigrant visa holder apply for AOS under 218D?
What am I missing here?
you are missing the whole point: you should've been undocumented on or before Jan 7th 2004
if you read (the intended) Sec 218D (amendment to the INA) and Sec 602 of S.2454, they do not exclude legal aliens.
All that is required under 218D is that a person must have been in the US on or before Jan 7, 2004 and have proof of employment.
Why shouldn't a legal nonimmigrant visa holder apply for AOS under 218D?
What am I missing here?
you are missing the whole point: you should've been undocumented on or before Jan 7th 2004
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raysaikat
04-21 12:00 PM
I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010
My spouse is on H1..can i switch over H4..
> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..
so here is my dilemma::confused:
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
Yes. You might need to file a new H1-B petition though (I am not positive on that).
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
Yes.
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
Yes. You do need to file an application to change it into CP.
thank you!
Note however that you need to have a job offer to get the GC.
My spouse is on H1..can i switch over H4..
> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..
so here is my dilemma::confused:
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
Yes. You might need to file a new H1-B petition though (I am not positive on that).
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
Yes.
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
Yes. You do need to file an application to change it into CP.
thank you!
Note however that you need to have a job offer to get the GC.
more...
BharatPremi
10-19 01:40 PM
LC Salary:- $85,000
LC Location:- New York
New Job Salary:- $74,000
New job Title and Job duties are same.
Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.
As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.
I've consulted few immigration laywer and the opinion differs.
Experts.... Please help
My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.
Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
overall job market if DOL has made prevailing wage say for an example "$74K" for the
same job code now then what? In this case should your AC21 be denied or accepted? If
some expert can guide us, we would highly appreciate for this scenario.
Notes:
1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
to current wage and 20k bonus if I can.
2) Geographic location should not matter while changing the employer.
LC Location:- New York
New Job Salary:- $74,000
New job Title and Job duties are same.
Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.
As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.
I've consulted few immigration laywer and the opinion differs.
Experts.... Please help
My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.
Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
overall job market if DOL has made prevailing wage say for an example "$74K" for the
same job code now then what? In this case should your AC21 be denied or accepted? If
some expert can guide us, we would highly appreciate for this scenario.
Notes:
1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
to current wage and 20k bonus if I can.
2) Geographic location should not matter while changing the employer.
rolrblade
07-27 04:00 PM
Not entirely true..
Some employees of my client company who filed their AOS in june did so without signing a single piece of paper and already got their RNs and FP's done as well.
There are a few things to see if what your lawyer did was correct:
1) Did he ask you to write him/her an email/letter authorizing them to sign on your behalf
2) Your company has your facsimile signatures or signature stamps.
this is the correct information. Applicant signature is not necessary if you have an attorney representation form. I have verified this with two different attorneys and also my HR guy, who suprisingly is very knowledgeable in GC process.
In my own case I have sent an email to the attorney authorizing them to sign on my behalf. The firm has confirmed that it is sufficient. I just off the phone with them too. 3 attorney - SAME ANSWER.
Some employees of my client company who filed their AOS in june did so without signing a single piece of paper and already got their RNs and FP's done as well.
There are a few things to see if what your lawyer did was correct:
1) Did he ask you to write him/her an email/letter authorizing them to sign on your behalf
2) Your company has your facsimile signatures or signature stamps.
this is the correct information. Applicant signature is not necessary if you have an attorney representation form. I have verified this with two different attorneys and also my HR guy, who suprisingly is very knowledgeable in GC process.
In my own case I have sent an email to the attorney authorizing them to sign on my behalf. The firm has confirmed that it is sufficient. I just off the phone with them too. 3 attorney - SAME ANSWER.
more...
TO BE OR NO TO BE
02-03 04:29 PM
Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
Hi Ryan,
Do you know anyone have done that? Like you personally or anyone you know? Have they got I-140? I read that its possible to get PERM Labor done under EB-2, but USCIS gives real hard time at I-140 stage.
Appreciate your help!
Thank you
Hi Ryan,
Do you know anyone have done that? Like you personally or anyone you know? Have they got I-140? I read that its possible to get PERM Labor done under EB-2, but USCIS gives real hard time at I-140 stage.
Appreciate your help!
Thank you
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nixstor
12-04 10:34 AM
What's happening now is diff from what you would like to / can do to change it? If you were being sarcastic to the OP, thats so weird. If you were serious about your comments, You gotta ask yourself "What the hell am I doing here"?
more...
greenguru
01-31 10:34 AM
Hi,
Yes, UnitedNations please join us. I know there are lot of people waiting for your serivces.
You might not have the time to respond to all the posts, but if you could give your inputs that would be great.
Cheers
Yes, UnitedNations please join us. I know there are lot of people waiting for your serivces.
You might not have the time to respond to all the posts, but if you could give your inputs that would be great.
Cheers
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IndianIII
10-26 10:47 PM
Me and my wife too got a letter from Kennedy, came to us by US postal mail few days ago. I think we got this mail because of the emails we send to support the comprehensive immigration reform bill.
more...
yagw
01-26 12:57 AM
Laurie A. Bonilla
Address: Suite 180
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Phone: (650)903-2232
Fax: (650)903-2239
Address: Suite 180
800 El Camino Real West
Mountain View, CA 94040-2567
Phone: (650)903-2232
Fax: (650)903-2239
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abhijitp
01-24 07:46 PM
^^
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snathan
04-08 04:08 PM
Visa Bulletin For May 2011 (http://www.travel.state.gov/visa/bulletin/bulletin_5424.html)
Employment- Based All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01AUG06 01JUL06 C C
3rd 22AUG05 15APR04 15APR02 08SEP04 22AUG05
Other Workers 08SEP03 22APR03 15APR02 08SEP03 08SEP03
.
Employment- Based All Chargeability Areas Except Those Listed
CHINA- mainland born INDIA MEXICO PHILIPPINES
1st C C C C C
2nd C 01AUG06 01JUL06 C C
3rd 22AUG05 15APR04 15APR02 08SEP04 22AUG05
Other Workers 08SEP03 22APR03 15APR02 08SEP03 08SEP03
.
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RandyK
07-15 03:18 PM
Congrats!!
EB2 or EB3 ?
All,
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
EB2 or EB3 ?
All,
Chennai Consulate has released the August appointment schedule on their site.
http://chennai.usconsulate.gov/uploads/images/K4oeM-zL_hPooV2orVvylA/ivappoint0808.pdf
I got an appointment too.. yahoooooooooo...
more...
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perm2gc
12-01 05:33 PM
Hi Gurus
Here is my senario
I am in my 6th year of H1 which expires in Aug 2007.
I have my Labor (PERM) and I140 aprroved from my current employer.
I would like to tranfer my H1 to different employer .
can we apply for tranfer and 3 year extension of h1 to new employer with approved current labor(PERM) and 140(approved)
or should I need to tranfer my h1 forst and wait till FEB 2007 to apply my extension with approved labor(PERM) and 140 (approved ) from my current employer.
I really need your advise on this issue.
please help on this gurus.
Thanks
If the offer is good you can take it .but your new employer has to start the PERM process immediately and you have every chance that labor and i140 will be approved so that you can file for 3 yr extension.
You can also keep the PD if your employer will not cancel the i140 once you leave the company and your new i140 is approved before they cancel.
You cannot apply the extension for 3yrs with new employer as your labor and i140 are tied to old employer.
Here is my senario
I am in my 6th year of H1 which expires in Aug 2007.
I have my Labor (PERM) and I140 aprroved from my current employer.
I would like to tranfer my H1 to different employer .
can we apply for tranfer and 3 year extension of h1 to new employer with approved current labor(PERM) and 140(approved)
or should I need to tranfer my h1 forst and wait till FEB 2007 to apply my extension with approved labor(PERM) and 140 (approved ) from my current employer.
I really need your advise on this issue.
please help on this gurus.
Thanks
If the offer is good you can take it .but your new employer has to start the PERM process immediately and you have every chance that labor and i140 will be approved so that you can file for 3 yr extension.
You can also keep the PD if your employer will not cancel the i140 once you leave the company and your new i140 is approved before they cancel.
You cannot apply the extension for 3yrs with new employer as your labor and i140 are tied to old employer.
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ananth_ramkrishnan
10-14 10:51 AM
I went for visa stamping in aug 2008 to mumbai consulate and was wearing a t-shirt and trousers. I did not have any problems and the person reviewing was cool and asked very simple questions and did not care for my dress.
more...
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wildcat1313
03-30 11:32 PM
Client lawyers have advised against it. So vendor can't do anything. I'm still trying to see if they can fax it directly to the consulate or send it in seal envelope to them
Everyone from HR Head to Technology Heads are involved and are doing the best to help me. And then I'm just a contractor whom they can always kick to the curbside.
Everyone from HR Head to Technology Heads are involved and are doing the best to help me. And then I'm just a contractor whom they can always kick to the curbside.
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Better_Days
06-14 02:18 PM
While some people are taking it very easy, she needs to come to the realization that she is a *suspected* criminal that is being investigated.
DO NOT, UNDER ANY CIRCUMSTANCES, SHOULD SHE TALK TO THE POLICE WITHOUT A LAWYER PRESENT.
Does not matter if she is innocent. Does not matter if she is Mother Teressa. Check below for a lecture on the same topic by a law professor and a police officer,
Law prof and cop agree: never ever ever ever ever ever ever talk to the cops about a crime, even if you're innocent - Boing Boing (http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html)
It is a long lecture. Almost 45 minutes but it can save you a lot of headache one day.
She should be proactive and get a lawyer. Explain to the lawyer the situation with the green card and how a simple arrest record, even if later she is found innocent, can cause problems.
Once this is over, she can sue the jerk that caused her so much grief.
I agree, most of these cases blow over with time but better safe that sorry.
Best of luck.
Hi Friends,
This is first time I am posting this topic here. Please excuse me if this is wrong post or question at this time.
Today my sister got a phone call from a Detective saying that she is suspecting on Jewelery theft from a neighborhood. We shocked for getting that type of call. The person who complainted is close to my family. He is also Indian and from same region. Recently he moved from my city. He lost couple of jewelery items this year.
My sister is very good and try to help most of the people nearby. The detective said that investigation is going on for this issue. We are so worrying on this issue.
We know she is genuine and did not do anything but my question is any problem in green card process?.
How to prove my sister is not commited such kind of activity. Please try to help me on this
Thanks
Ramkrishna
DO NOT, UNDER ANY CIRCUMSTANCES, SHOULD SHE TALK TO THE POLICE WITHOUT A LAWYER PRESENT.
Does not matter if she is innocent. Does not matter if she is Mother Teressa. Check below for a lecture on the same topic by a law professor and a police officer,
Law prof and cop agree: never ever ever ever ever ever ever talk to the cops about a crime, even if you're innocent - Boing Boing (http://boingboing.net/2008/07/28/law-prof-and-cop-agr.html)
It is a long lecture. Almost 45 minutes but it can save you a lot of headache one day.
She should be proactive and get a lawyer. Explain to the lawyer the situation with the green card and how a simple arrest record, even if later she is found innocent, can cause problems.
Once this is over, she can sue the jerk that caused her so much grief.
I agree, most of these cases blow over with time but better safe that sorry.
Best of luck.
Hi Friends,
This is first time I am posting this topic here. Please excuse me if this is wrong post or question at this time.
Today my sister got a phone call from a Detective saying that she is suspecting on Jewelery theft from a neighborhood. We shocked for getting that type of call. The person who complainted is close to my family. He is also Indian and from same region. Recently he moved from my city. He lost couple of jewelery items this year.
My sister is very good and try to help most of the people nearby. The detective said that investigation is going on for this issue. We are so worrying on this issue.
We know she is genuine and did not do anything but my question is any problem in green card process?.
How to prove my sister is not commited such kind of activity. Please try to help me on this
Thanks
Ramkrishna
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styrum
02-18 12:22 PM
I can't recall Democratic senators helping LEGAL immigrants during the CIR debate last year!
Maria Cantwell (D-WA) introduced the only amendment favorable for us.
Maria Cantwell (D-WA) introduced the only amendment favorable for us.
srsrsr
07-20 06:09 PM
My PD is Nov 2004, I got 140 approved. Im not filing 485 now as im unmarried.
Any ideas when can be the date current again(for my PD atleast)?
Any ideas when can be the date current again(for my PD atleast)?
cbpds
06-08 12:54 PM
What if someone returned the initial I94 but not the latest one because we attched the wrong I94 portion, will we need to send the new I94 after extension back to USCIS as well?
No, you are supposed to return all I-94s!!.
No, you are supposed to return all I-94s!!.
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