Thursday, June 16, 2011

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  • glus
    03-19 11:40 AM
    Hello
    I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.

    I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.

    I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.


    Thanks
    Raghu

    OK,
    I am sorry to hear your I140 is pending for so long. You have 2 options. 1 - wait. 2-act. If you select the latter, do this:
    -contact your senator
    -if you receive a letter stating (pending security/background check), contact a good imm. lawyer and do a writ of mandamus.
    USCIS does not have to complete FBI checks on I-140. If they argue that they are doing FBI check, you have a case and a period of 3 years if way over unreasonable. USCIS completes internal checks within a few months max. So, your pending I140 for 3 years can't possibly be due to internal uscis checks. I bet they lost your folder; if you want email me privately and I will give you more details on such cases.

    If you follow my advise, and go through a goooood lawyer, your I140 will be DECIDED within a few weeks.




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  • franklin
    07-13 11:17 AM
    Thanks for the suggestions

    We do request that people dress smartly, however tomorrow's forecast is in the 80s with about 50% humidity, and we have a 3 hour march.

    We hope that people come dressed for comfort too :)




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  • senk1s
    05-08 02:29 PM
    1. This is debated a lot - some attorneys feel send it only when they ask for it, some say it is better to send letter proactively

    2. For these apps there can be a new attorney - i think the old G-28 for 485 will still be effective/ valid

    3. As of now - it should be similar and subject to interpretation

    4. Proferred wage is considered the minimum requirement - so i think it should be ok. But i dont know for a big jump




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  • tinamatthew
    07-17 11:07 PM
    Hi,
    My I-140 approved in TSC( premium processing)
    My Attorney sent my I-485 on July 2 to TSC
    my labor approved from Wisconsin
    but I read somewhere all applications needs to go to NSC , is it true?
    I greatly appreciate your help


    You're ok - TSC is fine. Nothing to worry about. All the best



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  • number30
    03-28 07:54 PM
    As per my tax preparer's advice, I sent both the tax return and W-7 form to IRS ITIN Operation office in Austin, Texas. Is this the correct address?

    Call IRS. They help you very well.




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  • invincibleasian
    02-10 05:27 PM
    I hope they dont flood the US from UK now. Then we will have more retrogression!



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  • hiralal
    09-30 10:11 PM
    Before you get all mushy about AILA and start bashing USCIS take deep look and see if AILA is really acting as a friend or a adversary in friends disguise?
    atleast they are doing something. I have not recd a RFE but I can understand the tension that a family undergoes because of RFE ..I don't understand your problems with AILA though ?? less RFE's mean less lawyers fees and it is high time that someone talks about the unprofessional USCIS




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  • sunny1000
    06-11 05:35 PM
    Is there reason you say that I cannot port the PD ...? Please explain.

    Arun

    I should have been clearer in my post. I meant the I-140 itself and not the PD. Please ignore mine as there are better answers. Thanks.



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  • TheOmbudsman
    08-24 01:22 PM
    Stupid answer:
    Less than what Indians would like.

    in EB3, EB2 and EB1




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  • shishya
    09-27 02:19 AM
    AFAIK, your visa status will not affect day-trading. You just need to specify the gain/loss when you file taxes (like anyone).

    That said, I believe you are aware of the requirement that you need to have a minimum of $25K in your account to do day-trading. And also the risks involved in it.

    My 2c as some one who tried it, play only with money you can afford to loose (as you WILL most of the time) and get out if you have to, without emotional attachment.

    Have fun and BE SAFE!!!

    Thanks for the honest and to-the-point answer Yagw. Yes, I am aware of the risks involved and therefore never EVER exceed the threshold I set for myself. I am not new to stock market having been in it for the past four years -- not that that makes me ANY safer than a newbie though.

    Appreciate your advise of caution, will definitely keep that in mind.

    Thanks!



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  • jvs_annapurna
    05-07 11:23 PM
    sorry guys i was moving to new place. it was with i-94




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  • h1techSlave
    09-22 09:22 PM
    Companies like Microsoft are indeed greedy. But Microsoft shareholders like me and many others in this forum are saints.

    As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....



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  • s_r_e_e
    08-13 02:40 PM
    who is vld rao?




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  • Gravitation
    07-20 02:19 PM
    I'm confused - what is the point of applying for AP if you aren't also applying for EAD?

    Yes, I believe you can apply for EAD yourself

    AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.



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  • trramesh
    11-11 09:51 PM
    /\/\




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  • Hermione
    09-27 08:49 AM
    Law abiding? I beg to differ. Application for asylum goes to court only if the petitioner spent more than one year illegally in the US.

    That does not change the fact that the immigration system is broken, I just want to point out that what is considered to be "law abiding" or "law breaker" is aften very-very relative. We are all in the same boat.



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  • Ann Ruben
    05-13 03:20 PM
    I you manage a team of engineers who themselves hold university degrees, you may very well qualify for L-1A status and your chance of getting an approval could be better than if you refile the L-1B.




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  • gc4me
    07-05 08:45 PM
    I have sent a request 5 months back to FOIA to get my I-140 copy. No luck yet.

    I'm not sure if you can do a PD transfer just based on receipt #. You may try the FOIA route - but please be aware that it will take about a year plus to get a copy of your 140. Now depending on your PD, you can take a guess and go ahead - either do FOIA and get a copy OR just wait until PD is current for you again.




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  • raghureddy
    03-18 04:08 PM
    Hello
    I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.

    I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.

    I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.


    Thanks
    Raghu




    ash27
    04-02 07:12 PM
    Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.




    kondur_007
    09-22 09:48 AM
    What if the employer showed XXX amount on the Labor Certification, and in the offer letter, but send an offer letter to the employee for YYY, where YYY < XXX? Does the employee is still obliged to for with the employer?

    Your question is very short, but this is what I understand you are asking:
    If GC is approved with XXX salary on the LC and offer letter during the GC process, but then employer only offers/pays YYY salary upon approval of GC.

    As far as I can tell, this would be a problem on the part of employer and not the employee. For the most part, employee can leave that employer without any problems in future. what I do not know is, which one of the following option is better:

    1. Never join the employer after getting GC as salary offerred after GC is lower than what was on LC.

    2. Join the employer for a month or two and then leave giving the reason that "employer did not pay the salary offered in LC". This may be a safer option as you do prove your intention to join the employer and you get a few pay stubs proving that employer is not paying enough salary (not just othe offer letter showing YYY salary, but the hard proof of YYY salary by means of paystubs).

    Also if the employer really does not have project, and can not really hire you at a salary offered on LC, and you have good terms with the employer, ask them to "fire" you rather than you leaving them. This way you will be very safe for future citizenship process.

    Good Luck.



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