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Wednesday, June 8, 2011

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  • sparky_jones
    03-12 09:34 PM
    Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
    :):):):):):)

    Congratulations!





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  • dilbert_cal
    04-06 02:03 AM
    Thanks for a very good analysis. I was hoping someone will do it and my heartfelt gratitude to you for stepping up.





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  • extra_mint
    04-22 11:49 AM
    I got the exact same RFE and I am with the same employer (though company name changed due to merger) since start. I got RFE last week only so I am working on the response

    Based on my research the response should be
    List of job duties (this should match with what was in your Labor) and if the title differs then you can give details that new titile has same job duties as the old job title

    Also I checked this is pretty normal RFE (many people get it)
    Check the link below
    http://immigrationplus.blogspot.com/2006/07/i-485-rfe-employment-verification.html[/URL]





    Sorry, the reason I meant strange was due to the nature of questions - different from the RFE's received currently by many of the IV members.

    Sorry for the confusion. But please do help me if you have any inputs.

    In my response to the RFE should I say that my job title in my LC/I-140 position as being my current position or the one in H1-B visa application?





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  • onemoredesi
    06-21 10:53 AM
    In case the I-485 is filed concurrently with I-140 or on the basis of a I-140 "pending approval", if the "I-140" is rejected (say because it was incorrectly classified as EB-2 when it should have been EB-3), then is the I-485 also automatically rejected? (My guess: YES)

    If this happens to you, does this mean you may not be able to resubmit I-485 if your "priority date" is not current at the time you came to know it got rejected? (My guess: YES... and this is a scary scenario.)

    Finally, if the I-140 (EB2) is mentions the requirement to be "BS + 5 years of post BS experience", but the the reviewing officer thinks that the 140 application is not supported by "proper" evidence of 5 years of progressive post BS experience.... then would it generate an RFE or would it straightaway cause a rejection of the I-140?

    Experts, please comment. I may have to face this scenario.

    Thanks!

    Abhijit
    Contribution so far: $100

    Abhijit,
    This happened to a very close friend of mine a couple of years ago when he was in hi 6th year. He luckily found a labor substitution at that time and was able to immediately file.
    I-140 is probably most important of the entire green card process.. it is what proves the employer's capability to pay the prospective employee.
    To your question, if I-140 is rejected, your entire application is denied.. I-485 is immediately nullified.
    You might want to talk to your attorney if you have the slightest of the doubts..



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  • Desertfox
    06-01 08:39 PM
    Your current salary has nothing to do with your Labor Certification. LC is for a future job offer and you are supposed to get that salary only after your I-485 approval. Hence there is nothing to worry about it.

    As your current salary is per H1 LCA, you are absolutely ok and there is nothing illegal in your nonimmigrant status as well. There might have been issues during your I-485 adjudicatiion if you were not being paid per your H1 LCA, since that is considered as abuse to your nonimmigrant status.





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  • nikdevid
    11-24 01:08 AM
    Hey all, I have PayPal Account and i have 200$ in that account, now what happen i wanna transfer in my indian bank account.. What the procedure i have to follow.. Please suggest me right way.



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  • Devils_Advocate
    03-12 10:36 PM
    Congrats !, please do continue to contribute some of your time and effort to this site, your experience can help others still stuck in their misery





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  • vinzak
    04-20 06:09 PM
    Hello all,

    I filed for EAD renewal at TSC in early Jan 11. My current EAD expires end of April. I am just wondering how long TSC is currently taking to renew EADs.

    Any experiences would be greatly appreciated. Thanks.


    FYI, I received my EAD on Monday. So from application to receiving 105 days.

    Took a call to the service number, scheduling an infopass appointment and a letter from my lawyer.

    I think the best thing to do is setup an infopass as soon as you are eligible. I believe they do some legwork before the appt like enquiring with the EAD officer etc. before the appointment. I cancelled the infopass the day before the appointment since my online status had changed to post decision activity.



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  • amitjoey
    04-16 04:02 PM
    Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?

    Thanks

    I-140 has been denied in my case too. My case is fairly simple, My own labor- India EB3 June 2003. I-140 filed OCT2006 - RFE on ability to pay Nov 2007.
    I-140 denied- March 2008. Lawyer says, no basis for denial, as everything is clear, getting paid more than the labor-certification. MTR to be filed soon.
    I am not worried at all.

    Hearing about a lot of denied I-140s- No basis.
    My take: USCIS is overworked, and the quick way to get rid of the backlog- deny enmass.





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  • enthu999
    03-27 01:40 AM
    Just an idea, if emails or letters doesn't reach Obama...may be IV should consider an open letter to Obama,Congress and Senate by buying space in major news papers
    and suggesting the obvious economic benefits(buying homes, home renovations, buying durable goods etc) of speeding legal immigration.



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  • vegasbaby
    02-19 07:12 PM
    thanks guys for making the effort to understand my situation.

    I now need a couple of clarifications:

    Pune_guy, you are spot on in your interpretation that it would be a hard sell for an eb-2 application with the current employer.

    So now, if i do change a job, i would have to use my ead and hence i would have to join as an engineer(because my understanding is, even though my current role is business development, my gc application is for an engineer role and hence any new job based on ead would have to be that of an engineer).

    Is that understanding correct? - yes.

    Further, the new eb-2 application from my would-be employer would be for an engineer position - why? Your new eb2 application is altogether a new application. So even if currently you are with a company as engineer, they can file a new eb2 as business development. Because, this is application for future job, not your current job.

    Are my assumptions correct?

    Thanks much

    check above -





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  • rabis
    04-13 02:00 PM
    For a medical REF how many days do we have to reply?

    Thanks,
    RabiS



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  • tonyHK12
    01-11 10:08 AM
    This is still riddled with amnesty....more punitive versions will surely come which the democratic party will oppose for sure.

    Yes true, it still has amnesty for anyone who entered below 13 and didn't break the - they would get PAV immediately.
    I was refering to blogfeed that inspite, says the second part is bad - "few ideas - such as introducing a new extremely cumbersome process to get the green card after ten years - are really bad."
    It sounds like a haggling game, whoever makes more noise gets their due.





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  • cbd80
    08-27 02:26 PM
    Hi,

    My company filed for I-140 around Dec-2007. During first week of Sep-2008 USCIS case status page was showing "I-140 is approved". After that since third week of Sep-2008 case status page is showing "Documents mailed to applicant".

    But neighter my lawyer not my employer had received the approval notice in mail.
    How to obtain the duplicate or copy of this approved I-140? What form need to be submitted? where? and how much time it takes?

    Thanks,



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  • girish989
    05-11 01:26 PM
    That is the response that this guy gave when the senetor asked what to do to reduce the backlogs and he is the head of USCIS ..... :(





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  • rolrblade
    03-11 01:34 PM
    I don't understand in what cases consulate holds a person's passport. What if the applicant wants to return back home country instead of waiting in Canada?

    You have a right to ask for your passport back. You can always state the logic that in the case of emergency, will the consulate provide the passport back at a moments notice? probably not!

    Also, a passport is the property of the issuing government and no other government entitiy / individual has a right to hold it. I wouldnt state it in these terms though :) .... the emergency travel reason should suffice!



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  • simple1
    10-06 03:51 PM
    Troll Alert. Avoid responding to these posts.

    Every one knows employee paying for h1b visa processing is illegal.

    Anti immigrants are infesting this forum with fake posts.

    Hi,

    After following up for 1 month in person on my case with Segi Corp consultancy (NJ). They gave me my EAC number when i told them that i will withdraw my case.

    When i try to find the status on my case i got the following from USCIS website .

    "On June 16, 2009, we rejected this case I129, PETITION FOR A NONIMMIGRANT WORKER, because you did not resubmit
    payment to correct the insufficient funds notice. On June 16, 2009, we sent you a notice, advising you to resubmit
    payment within 14 days to correct the deficiency. 14 days have passed and the deficiency has not been corrected.
    Accordingly, this case has been returned with all accompanying documents and is now considered improperly filed and
    rejected."

    please let me know the procedure to file a case against this consultancy..

    Is any one planning to file lawsuit against this company, if yes please let me know the process.





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  • mhathi
    08-25 09:23 AM
    Hi kondur_007,

    Now can i do the 140 premium processing,to know the result asap.

    If my 140 is still in process,can i file another perm labour and can i use my old labour dates.

    Thanks for ur response.

    Priority dates cannot be ported unless I-140 is approved. Unfortunately, in this case it looks like you will lose your original PD if they deny/refuse to accept your I-140 application.





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  • shirish
    10-15 12:42 PM
    Sorry Gurus, Couldn't figure out how to start a new thread. So posting here,

    My spouse is on H4, Now she wants to use EAD and work.She wants to work part time, She has found a job as well, but the employer is sayng she can do parttime only for few months, after that she has to do full time or find a job somewhere else. Now if she cannot find another parttime job after few months, and has to stop working , will it affect her status?

    Thankx in advance.





    shana04
    08-15 05:29 PM
    Congrats on your green. You have done so much for IV and community and it is great to know that your levels of commitment is still the same

    Is your Name check and FP cleared?





    eb3retro
    02-16 09:56 AM
    Hi Everyone,

    I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

    But he agrees to let me join his company but at the same time he worried about few things



    Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
    Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
    Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

    Would that be of any problem to both me and employeer.

    Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

    It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....


    I would appreciate if some could throw some light on this ....

    My future is relied on these issues

    Thanks
    David


    take it easy dude. People respond to one thread itself. you dont need to open multiple threads. also update your profile first.