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lostinbeta
11-17 11:47 PM
HAHAHAHA......lol. That is friggin weird :P
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drirshad
08-09 02:06 PM
U - Useless
S - Senseless
C - Cruel
I - Insane
S - Sluggards
And this is not the official USCIS but my assumed few not so much working sleepers.
S - Senseless
C - Cruel
I - Insane
S - Sluggards
And this is not the official USCIS but my assumed few not so much working sleepers.
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gcdreamer05
01-11 10:03 PM
yup your renewed 797 has not been entered in their PIMS database, that is why the delay , you should be all set in 1-2 weeks time.
Please share your experience once you get back your stamped passport.
Please share your experience once you get back your stamped passport.
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qasleuth
06-03 04:36 PM
If you are on H1B then your status is not AOS, IT IS H1B. When you do not extend your visa status and get onto EAD or your dependents' H4 expires without EAD, then the status becomes AOS in which case you need AP to travel.
I hope I am reading this incorrectly. Is USCIS now saying that any applicant on AOS must obtain an AP for travel, even if they are on H1B... The post above me is infintely correct if this is the case.. I hope I am wrong in my interpretation
U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they "must" obtain Advance Parole from USCIS before traveling abroad if they have:
* been granted Temporary Protected Status (TPS);
* "a pending application for adjustment of status to lawful permanent resident;"
* a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
* a pending asylum application; or
* a pending application for legalization.*
I hope I am reading this incorrectly. Is USCIS now saying that any applicant on AOS must obtain an AP for travel, even if they are on H1B... The post above me is infintely correct if this is the case.. I hope I am wrong in my interpretation
U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they "must" obtain Advance Parole from USCIS before traveling abroad if they have:
* been granted Temporary Protected Status (TPS);
* "a pending application for adjustment of status to lawful permanent resident;"
* a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
* a pending asylum application; or
* a pending application for legalization.*
more...
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ksrk
07-07 06:14 PM
Thanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?
Unfortunately, there is no such guarantee. All any claim of pre-adjudication could mean is that if there were a visa number available (and we know there aren't any for EB2-I or EB3-I at this time) as of the day the case was pre-adjudicated, the applicant could be issued his/her green card.
When a visa number does become available, the adjudicating officer will review the case again before issuing the green card. Since these are employment-based immigrant visas, at any point the officer could request evidence that the employment position, that is related to this application, still exists.
Unfortunately, there is no such guarantee. All any claim of pre-adjudication could mean is that if there were a visa number available (and we know there aren't any for EB2-I or EB3-I at this time) as of the day the case was pre-adjudicated, the applicant could be issued his/her green card.
When a visa number does become available, the adjudicating officer will review the case again before issuing the green card. Since these are employment-based immigrant visas, at any point the officer could request evidence that the employment position, that is related to this application, still exists.
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FinalGC
03-24 10:37 AM
This is illegal, unless you agreed with your employer prior to joining them. They should have negotiated this prior to joining them. All H1 fees will need to be paid by employer.
Work with your employer, dont get angry....Talk and reason with them, however if they insist you to sign, I would get rid of (3) and (4), since it does not make sense.
Work with your employer, dont get angry....Talk and reason with them, however if they insist you to sign, I would get rid of (3) and (4), since it does not make sense.
more...
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ronhira
12-19 09:15 AM
History channel premiered a program "Naturalized" yesterday (12/18). They covered people from so man y different walks of life facing so many different problems to get GC and citizenship. But in the 90 minute program there was no coverage on how our community is struggling and no mention about the plight of the employment based category.
Makes me wonder if there is enough awareness about our cause.
other than just wondering ...... what else r u going to do about this lack of awareness?
Makes me wonder if there is enough awareness about our cause.
other than just wondering ...... what else r u going to do about this lack of awareness?
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shana04
02-01 10:42 AM
Friends / Gurus,
I had made decisions but would like to get second opinion from Gurus who are on the same boat like me. And I am not able to discuss with people close to me who are not in the same situation.
I know either Pappu or Logiclife suggested that it is alwasy better to have your own attorney instead of having employers attorney.
My situation:
This is a desi company and attorney is employers attorney, never been good to me, does not reply on time, does not respond properly on phone, infact does not give the respect that one desrves (as he thinks that he is talking to another desi)
Working for Employer A and he applied for labor, I 140 and he paid for it.
Then July 2007 came in and applied for 485 with same attorney - I paid for it.
Now comes AC21,
changing to employer B using H1B transfer.
My plan or decision: planning to change attorney (Rajiv khanna)though he is bit expensive.But heard a lot of good about him.And any ways in months come I need to renew EAD, AP and would need attorneys help (I know I can do it, but would prefer attorney do it)
Employer B suggestion: leave the case with previous attorney, unless you get RFE.As you have paid for it and it is your application. Attorney has to respond to you.
Your suggestion:
1. Stack back with old attorney
2. Stack back with old attorney, unless I get any RFE (hope not)
3. Change to my attorney even though it is expensive, which is always safe. As adviced by pappu or logiclife.
Please give me your valuable opinion / suggestion. And select your option.
Gurus, who have already done AC21 and would like to suggest some which is important and which lot of people ignore or would not know unless you are in boat, please suggest or highlight that point. This would be useful for people who would like to use AC21.
Thanking you in advance.
I had made decisions but would like to get second opinion from Gurus who are on the same boat like me. And I am not able to discuss with people close to me who are not in the same situation.
I know either Pappu or Logiclife suggested that it is alwasy better to have your own attorney instead of having employers attorney.
My situation:
This is a desi company and attorney is employers attorney, never been good to me, does not reply on time, does not respond properly on phone, infact does not give the respect that one desrves (as he thinks that he is talking to another desi)
Working for Employer A and he applied for labor, I 140 and he paid for it.
Then July 2007 came in and applied for 485 with same attorney - I paid for it.
Now comes AC21,
changing to employer B using H1B transfer.
My plan or decision: planning to change attorney (Rajiv khanna)though he is bit expensive.But heard a lot of good about him.And any ways in months come I need to renew EAD, AP and would need attorneys help (I know I can do it, but would prefer attorney do it)
Employer B suggestion: leave the case with previous attorney, unless you get RFE.As you have paid for it and it is your application. Attorney has to respond to you.
Your suggestion:
1. Stack back with old attorney
2. Stack back with old attorney, unless I get any RFE (hope not)
3. Change to my attorney even though it is expensive, which is always safe. As adviced by pappu or logiclife.
Please give me your valuable opinion / suggestion. And select your option.
Gurus, who have already done AC21 and would like to suggest some which is important and which lot of people ignore or would not know unless you are in boat, please suggest or highlight that point. This would be useful for people who would like to use AC21.
Thanking you in advance.
more...
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gonecrazyonh4
03-20 01:14 PM
I googled quite a bit , but could not get any more info on these bills. If any one find relevant info pls post it here.
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venkat80
08-28 02:23 PM
Dint know if i could post it, as its internal mail, thats y i removed it. Sorry abt confusion.
You are right I remember that he posted that he got his GC recently.
You are right I remember that he posted that he got his GC recently.
more...
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shx
09-28 01:03 AM
Eb2
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a_yaja
07-07 09:48 PM
I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
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pcs
01-22 06:36 PM
Go on guys !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!
On every crossroad on the road to success , you get many to hold you BUT..... very few will tell you to move forward
On every crossroad on the road to success , you get many to hold you BUT..... very few will tell you to move forward
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ivar
02-17 09:26 PM
PD: October 2, 2002
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
Dear Virgina Desi,
Congratulations, enjoy your card and stay in US. All the best for future.
I have a small question,
My Case: I applied earlier PERM was approved in NOV 06, applied for 140 and than changed employer so everything was wasted. After joining new employer again filed PERM in JUN/JUL 07 got audited, rejected and than filed for apeal. In the mean time got my OLD I-140 approved. Now its more than 10 month after my PERM appeal so waiting to withdraw this PERM to file a new one.
Question: I am aware i can retain the old priority date but my lawyer says first i need to get my PERM approved which i totally agree, than he says i need to get I-140 approved and than he will file for portability of date. I told him that you can file for I-140 and port the date together he says NO. Please clarify?
Thanks,
R.
Country: India
First Labor: EB3 (approved in May 2006)
First I-140 approved: July 2006
Second Labor: EB2 (filed in June 2007 and approved in December 07)
Second I-140: Filed in January 2008 requesting retention of priority date
I-485: Filed in April 2008
Second I-140 approved in August 2008 with incorrect priority date
Contacted AILA in December 2008 because priority date was incorrect on second approved I-140.
USCIS email on February 9.
Dear Virgina Desi,
Congratulations, enjoy your card and stay in US. All the best for future.
I have a small question,
My Case: I applied earlier PERM was approved in NOV 06, applied for 140 and than changed employer so everything was wasted. After joining new employer again filed PERM in JUN/JUL 07 got audited, rejected and than filed for apeal. In the mean time got my OLD I-140 approved. Now its more than 10 month after my PERM appeal so waiting to withdraw this PERM to file a new one.
Question: I am aware i can retain the old priority date but my lawyer says first i need to get my PERM approved which i totally agree, than he says i need to get I-140 approved and than he will file for portability of date. I told him that you can file for I-140 and port the date together he says NO. Please clarify?
Thanks,
R.
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TomTancredo
01-11 04:21 PM
Clearly Explaining
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
Please consult an attorney. Your case is not str8forward. Please be ready to show the documented proof in case of an RFE.
I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status
what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues
I stayed with them only one month and one more month
when can I Use AC21 for safe side
Please consult an attorney. Your case is not str8forward. Please be ready to show the documented proof in case of an RFE.
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morchu
05-04 04:37 PM
That I agree.
USCIS can reject that second extension, since at the time of that extension application he dont have a pending immigration petition.
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
USCIS can reject that second extension, since at the time of that extension application he dont have a pending immigration petition.
AFAIK, already approved H1 is not invalidated. But, if you are on H1 (based on I-485) and your I-485 is denied, and later you lose your job with the H1 employer, then you might not be able to transfer your H1 to a new employer even though you have time left on the extended H1. Obviously, this is my opinion.
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suny_saini
07-22 11:41 PM
plzzz i need more satisfication and help and suggestions........
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dxldad
05-12 01:38 PM
So, it always makes sense to get it done via PCP and then take that documentation to the Civil Surgeon. If we get a discount - great; otherwise still ok.
Does CS do the exactly same tests as PCP?
How much time does it take to get results from CS?
How much does CS charge?
The Civil Surgeon does not even need to do any tests if you have all the documentation. You could check the website to find civil surgeons in your area and then call them up and ask for the rates. There is no uniform rate and people charge what they feel like. If you ask around, you would get good rates.
Does CS do the exactly same tests as PCP?
How much time does it take to get results from CS?
How much does CS charge?
The Civil Surgeon does not even need to do any tests if you have all the documentation. You could check the website to find civil surgeons in your area and then call them up and ask for the rates. There is no uniform rate and people charge what they feel like. If you ask around, you would get good rates.
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sands_14
04-04 02:01 PM
I e-filed,got my EAD in 2 months,AP in 5 months
My wife efiled,got EAD and AP in 5 months.
We went for FP for sure!
So it can be a long process even when you efile.
All you need is luck:)
My wife efiled,got EAD and AP in 5 months.
We went for FP for sure!
So it can be a long process even when you efile.
All you need is luck:)
newbie2020
03-27 11:46 AM
Generally it is little difficult to sponsor a GC through one's own business. USCIS wants to know if it is a legitimate business, with revenues, employees, contracts etc
ashkam
07-27 12:59 PM
Since I did not know how to write my name in my native alphabet, I askd my wife to write it for me. Is this an issue? Is there any requirement that one must write the name in native alphabet in one's own handwriting?
You're kidding, right?
You're kidding, right?
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