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  • sam2006
    01-21 05:02 PM
    Concerning is most students do not know or care of these issues. All they want is to graduate find a job. Jobs are plenty thanks to 'Desi Consultants'.

    The worst part many working pros who know of these issues hardly make an effort to work on a solution.

    Either stay mum or fight for..IV members are the latter

    True

    All they care is catch a Desi Consultant and fake the resume So sad !!!!




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  • rubinop
    04-15 12:39 PM
    No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.

    Dear st4rguitar, thank you very much for your answer. I appreciate it.
    So, bottom line, I am going to loose my application for the Labor Certification. He WILL decrease my salary, which, at this point, even though it matches the one I have in my H1-B, will determine the withdrawal of my application, and because my H1-B will expire in September 08, I will have 60 days (I think this is the timeframe) after the expiration to leave the USA. Am I correct st4rguitar? Thanks again and good luck to everybody! We REALLY need it!




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  • paskal
    09-07 12:45 PM
    those who have sent their details:
    i know you are eagerly awaiting confirmation of appointments etc for monday. plesae be assured that this is work in progress and you will hear about your schedules in the next few days. thank you for replying to the lobby day e mails and for coming to DC to make our collective voice heard.

    those who have not done so: please be there on monday and please do the needful as requested above so appointments can be arranged for you.
    if you can stay back wednesday- please provide your information too, appointments may be arranged that day as well.




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  • pappu
    11-21 06:49 AM
    Should we mail paulmcd@cmp.com (Paul McDougall )of information Week.

    See: http://www.informationweek.com/news/showArticle.jhtml?articleID=194700008&subSection=All+Stories
    sure. send it.
    The article says---
    "A lobby group backed by IBM, Microsoft, Intel, and other tech industry giants is urging Congress to pass a new research and development tax credit and increase the supply of H1-B immigrant visas before the current session adjourns."

    H1B visa is not an immigrant visa. It is a non immigrant visa. Everybody confuses H1B visa as the immigrant high skilled visas (Gcs). Moreover this article has no mention of greencards.

    Gcs are not part of their agenda as per their website-- http://www.itaa.org/policy/immigration/

    We will be neglected and our voice will not be heard if we dont do anything. IV core is working hard but they cannot do it alone without the help from each and every member. Each IV member is important to our success. We cannot afford to leave it to others to do it for us. The collective muscle of our efforts will create miracles for us. I see from a total of 450+ members that logged in yesterday only 12 people sent emails to 60 min. This kind of response to calls for action will not help our cause. Same goes for the state chapters. How many of us have actually gone to the state chapter thread and signed up? Pls. ask this yourself before posting new messages on the forum.



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  • permfiling
    02-09 04:22 PM
    A correction, it is for 3 years infact not 4 and the I-94 stamped at POE was 1 month short of 3 years.




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  • desi3933
    02-18 07:55 PM
    One of my close friend and her husband both had Greencard. She delivered baby in India in 2002. They were not able to get their son to US. They tried visitors visa for the baby but the consulate rejected the visa. The baby is still in India with his grandparents. They filed for his greencard (family based). They are counting days to get their son to US. He is already 6 years old. It is very tough for the parents and kid. I am not sure about the other options that people has mentioned. But I see my friend family directly who are facing this problem. I don't think it is a good idea.

    Parents must have made a trip to US without kid. The rule is very clear. It must be parents' first trip back to US with the kid.



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  • Becks
    03-22 07:09 PM
    You should be ok to re-enter when you have a valid AP (and valid visa/EAD if they ask) even though if you changed the jobs. I think it is risky though. We never know when will the rules change so its safe to file AC21. I did file AC21 but they never opened my AC21 file. They sent an RFE to my old employer(internal attorney) for employer letter after 1year of filing AC21. I had couple of LUDs so I thought they were for AC21 but not really. So strange things may happen. Some officers at port of entry may be too curious about these issues though if you have valid APs. They shouldnot deny the entry but you may have to go through the waiting. So my suggestion is do not delay AC21.

    All,

    I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.

    Can you please help me with following question?
    My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?




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  • addsf345
    10-29 02:18 PM
    can anyone answer this

    I know a person who had to leave his employer only after 60 days of filling his 485(not even 180 days for ac21) and still got GC.

    There are thousands who already working for new employer using AC21 after 180 days.

    and you are scared to death even after getting GC. Let me ask you this...are you a man or chicken?



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  • vishwak
    08-05 10:08 AM
    The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
    --
    It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.

    In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.

    ---
    Hello......I'm in same situation couple of months back and I got below feedback from Attorney..which might help you.

    Thank you for your inquiry.

    You cannot return to the US with an Advance Parole (AP) that was approved
    while you were gone. You must have the AP in hand when you leave the US if
    you want to use that AP to return. Therefore, you cannot travel with just
    the AP receipt number.

    As per this message your wife should come back US on Old Unexpired AP.




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  • drirshad
    04-19 07:13 PM
    Go to http://www.shusterman.com/

    Got some updates as to whats going on behind the curtains ..

    Gear up & give sometime to fight against the anti-immg groups who have already started contacting the law makers & congressmen ......



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  • snathan
    08-18 05:10 PM
    If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.

    My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.

    If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.

    This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.

    Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.




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  • bank_king2003
    04-21 11:59 AM
    greyhair - that was something i tried on my own and i have never represented IV.

    you are right we may sue congress but to win that is much much tough as even the judge is been appointed by the president which i guess is a member of congress :) but one can certainly try.

    this requires a big movement for which IV is a very nice platform. that is the reason i keep shouting on this forum that nothing will happen untill you somehow make uscis held accountable or in this case even congress accountable.

    Filing a Lawsuit against USCIS and CONGRESS together may lead us somewhere.



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  • GCwaitforever
    03-17 12:53 PM
    First we need to make sure all BEC cases from 2001-2003 are processed. Then only we can speculate on EB2 India 2004. When USCIS publishes end-of-year stats for 2007, we will know more about the situation.

    ----------------------
    PD: May 2002 EB2 India
    I-485 applied May 2007




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  • snthampi
    08-16 02:24 PM
    Hi ,
    I have a problem with my employer. He never paid me ontime and he didn't paid me since April,2010. So i have applied for H1 trasfer as i am having problems with this Employer. My H1 got approved and now my old employer sent me a notice saying i am in breach of agreement and i should not work for the same client and he will sue me for 50,000 dollars .
    Then i replied him saying since he is not paying me from past 4 months his agreement got voided as he is in Material Breach of Agreement.
    He is still giving me hard time. Can any one please give some suggestions like if i also proceed legally will it be helpful to me .
    Thanks,
    Srikanth

    As @hebron suggested, complain to DOL. Prepare records for proving that you didn't get paid for significant amount of time to defend yourself.



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  • CRAZYMONK
    07-20 03:24 PM
    Did you guys (@Sanjay, @linuxra, @Suvendra, @Optimizer) hear any thing back from USCIS? Any updates on your Case?




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  • gc_bulgaria
    02-12 02:47 PM
    I would think Cross-Charegeability is automatic. I mean if one spouse is birth country India/China and one is ROW, I would think cross charegeability is automatic but then again not a 100% sure.

    Oh no - Its not automatic. You would think there would be a better way than write on cover sheet in BOLD but even though its in their own law, it is not easy to get it applied (especially with TSC).



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  • GCBy3000
    07-14 01:57 PM
    I can understand before 2006 and early 2007. What is the lame duck period in between.




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  • theperm
    02-08 11:02 PM
    Why would you marry in such haste & go through the trauma of not know whats going to happen i he goes to jail for the next 18 months?? why not wait until his jail issue is over ?? I am no one to judge you & mean no harm but have u thought this through ????




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  • jonty_11
    02-12 02:09 PM
    citizenry does not matter...but country of Birth does..If she was Born in SA..then u can change ur chargability.




    hopefulgc
    08-13 08:39 PM
    as i said

    maybe he has been hired by some south african don to predict cricket stats for betting

    or maybe some italian mob has him by the nuts to pick lotto numbers.
    :D:D:D:D:D

    and he is now going to get south african GC for his "outstanding ability"
    :D:D:D

    I am saying this without much research BUT I do recollect rave reviews about VDL Rao.

    In past, Googler, Conshell etc. have done a good job of investigative journalism (name check memo and other critical updates). Discovering VDL rao would be blessing for some sort of hunch on Visa number availability. He has apparently commanded our respect.

    Some guesstimate is better than utter confusion.

    We need you Mr. Rao. Help us in our journey from darkness to light.... an eventual green light!




    gc_chahiye
    06-11 06:02 PM
    You may port the PD as well as get 3 yrs extension based on previously approved I-140 regardless of employer as long as I-140 is not revoked.

    what happens to the H1 extension if the I-140 is subsequently revoked?



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