Friday 24 June 2011

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  • truthinspector
    02-12 06:16 PM
    No !

    Hi,

    I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC


    Thanks




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  • kriskris
    04-17 12:29 PM
    As you understand there is no magic correct solution to this situation, but, whichever decision you make about which line your mother-in-law stands in, she should be well prepared to document her intention to return to her home abroad after her visit to the US. Documents she should be prepared to show could include: proof of home ownership or long term lease abroad, proof of bank accounts abroad, proof of car ownership abroad, fixed date return ticket, proof of family abroad--husband and/or other children/grandchildren, proof of some specific event she plans to attend abroad such as wedding or other invitations, etc.
    Thanks for your reply. As I understand most people usually don't carry all the documents specified above while entering US. We carry those documents while going for the visa. Do you recommend carrying all those documents which establish ties to the home country while entering USA?




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  • GreenCardLegion
    03-25 06:36 PM
    My case details below:
    EB3 INDIA
    PD of Jul 2004.
    I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
    My employer had mentioned a salary of 87,000$ in my labor.
    My 485 was filed way back in Sep 2004.
    My 140 was approved way back in Nov 2004.
    I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.

    2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
    2005 W2 – shows 57,000$/yr
    2006 W2 – shows 50,000$/yr
    2007 W2 – shows 58,000$/yr
    2008 W2 – shows 67,000$/yr

    Never changed employers nor job titles.

    My concerns and questions below:

    Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.

    Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?

    Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.

    Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?

    Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?

    Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?

    Thanks.




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  • nogc_noproblem
    11-14 09:55 PM
    I am not sure it can be argued as discrimination. All countries equally have the 7% cap. UK, Norway, Germany, Sweden, China, India, South Africa.....Just so happens that lot more applicants from India, China, Mexico, philipines.

    People from those countries listed by you (except China & India) can get GC much faster than people from India and China even though both of them have same / similar / identical skill-set, just because of this per country limit. is it not discrimination?



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  • mnq1979
    10-23 10:36 AM
    Bad idea to leave after two days. He should allow for 3 business days at least and then go to Pak.

    I had my visa stamping done in Canada this summer and got the visa in 2 business days. My appointment was Wednesday and got the passport with visa stamped on Friday afternoon . This is the best case scenario.

    And yes I'm from Pakistan :)

    Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?




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  • india.day
    09-04 01:01 PM
    You must be right ... I was not anticipating this turn of events whatsoever as I knew what the current PD is in the September Visa Bulletin but maybe they assign me a visa number when they got my application in June.... who knows...

    FP for me and my wife was done Aug 30th and LUD on 485 shows 31 Aug, but the description under there has not changed. So what does that mean

    PD EB3 Aug 2002
    FP Done: Aug 30 ,2007
    EAD :15 Aug 2007
    LUD 485 : 31Aug 2007



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  • bbenhill
    07-10 05:12 PM
    You can not .. you will need to wait until EB-2 PD cut off is Jan 2004. family based is different kind of fruit (I don't want to call it animal) :-)



    the family based 2 nd group PD cut off is 15 jan 2005
    EB-2 PD cut off is 01 oct 2003

    say my if my PD is jan 2004 and I have filed for my I-485 (EB-2) during july 07 window (couldnt add my wife since was not married at that time). Can I now file for the I-485 or AOS for my wife now.

    cheers




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  • dontcareanymore
    08-05 12:39 PM
    similar sit and my 485 was accepted with older pd!
    what you say maybe true, but pls don't say it so confidently unless your are an attorney!

    Do you care to provide details ?
    Is it possible that you were eligible to file I485 with other (Latest) PD as well and they are considering the recapture request ??



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  • Junkie2007
    10-09 05:51 PM
    Hi,
    I called up and spoke to the IO and asked him about the rejection of I-485 due to old fees and he defended that the application would be rejected without the new fee, I tried to explain him about the July bulletin 107 and that people who were on employment based category and whose dates were current should have used only the OLD FEES till August 17th, he did not agree about it and I did not force the issue!

    If the IO officers don't agree about the right facts how would the people who just check the fee! I am sure that is why my application was rejected!

    I am not sure what to do! Can somebody suggest anything!

    How to let those people know that when we applied in August there was a bulletin which said that we can apply with old fee!

    These are not "IO"s. These are called Customer Service Rep who are not hooked into the IO system. Their main purpose is to satisfy the mandate of servicing the Customer phone calls. There is no explicit mention of quality of service in the mandate. So go figure.




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  • rkotamurthy
    09-29 02:24 PM
    Bump ^^^



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  • gc_rip
    07-06 12:52 PM
    Thanks Ann,

    This is really helpful.

    To understand it carefully, as long as the new company can provide me a future job offer, when the PD is current the GC can be approved.

    In this case,
    1. Should I transfer my H1B with the new company, or it's not required? My job offer will be from the Indian company, and not the US company.

    2. In case of business travel, until the PD is current, if I don't have AP renewed which visa should I travel on? As I won't be paid directly from the US counterpart of the company, I am not sure if I can travel using H1 for short time.
    Could traveling on B1 visa consider it as abandonment of GC process?


    Thanks,
    -Raj




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  • alien2006
    07-11 07:54 AM
    Well i just sent a message to my lawyer and this is the reply i received.

    "If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."

    Pls comment:)

    Yes your lawyer is correct. You count towards the cap only once.

    On the other hand, you mentioned that she is a teacher. If she works for non profit, govt, entities her H1 is also not counted towards the cap. So if she was working for a school earlier on a H1, then if she now wants to move to the industry on a new job, the new H1 will count towards the cap.



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  • vin13
    02-09 07:34 AM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    As immigration attorneys with very strong roots in the immigrant communities of Los Angeles, the lawyers at Fong & Chun stay current on legislative developments that could affect our clients and their families. On 15 December 2009, over ninety House Democrats unveiled a comprehensive immigration reform bill. The bill is called the Comprehensive Immigration Reform for America's Security and Prosperity Act of 2009 (CIR-ASAP).

    President Obama has said there should be comprehensive immigration reform. The bill includes an "earned" legalization program. The program as currently proposed would allow undocumented people in the USA as of 15 December 2009 to apply for legalization. There would be special, more lenient rules for young persons. Many people want to call this an "amnesty," but it is important to see all the details about the program before getting too excited.

    There are other provisions for "visa recapture" to reduce waiting times and backlogs. This bill would also put a new employment-eligibility-verification system into place. There would be harsh penalties for hiring unauthorized workers.

    These proposed changes are very exciting; however, we must remember that this bill is only a PROPOSAL. It will have many reincarnations before a final bill passes, if a bill passes at all. The President has said he wants CIR on his desk by the end of 2010, but there are obviously many other things occupying the attention of Congress at this time. Stay tuned. --jcf





    More... (http://www.immigrationvisaattorneyblog.com/2010/02/immigration-reform-bill-introd.html)

    If you click the link attached, the article is dated February 11, 2010 and was posted yesterday (February 08, 2010):confused:

    Old news........ Dated for future....:D




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  • gman
    07-29 02:55 PM
    What is your exact job description in labor? I had similar delimma and I took paid consultation and as per the lawyrer, This transition falls into the catagory of "Similar" job so no problem however the biggest IF is your job description in Labor.

    Are you looking for specific language? How was similar defined from your attorney?

    Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:

    SYSTEMS ANALYST

    JOB DESCRIPTION:

    Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.

    JOB REQUIREMENTS:

    1. Bachelor's degree in Computer Science.
    2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.


    The new job is: Director of Software Development

    • Execute the company’s technology architecture and strategy.
    • Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
    • Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
    • Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
    • Support the division’s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
    • Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
    • Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
    • Travel approximately 25% of the time to both in-country and international destinations.
    • Perform other duties as assigned by the VP of Software Development



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  • desi3933
    06-25 04:33 PM
    >> 1. What was your original I-94 date before H-1B amendment was filed by Company A?
    September 30 2009
    >> 2. What was amendment for?
    amendment is for change in annual salary
    >> 3. Why H-1B amendment was denied?
    The amendment was filed way back in Sep 2007 and they got the RFE in Nov 2008. The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter (Client told me that it's company police not to provide such type of letter). We provided main vendor contract.

    Based on the information provided, it seems that only original H-1 petition (before amendment) is likely to be valid for Employer A. You can probably work for Employer A, under original LCA conditions (including salary and job location), until I-94 expiration date (Sep 30th, 2009). However, if you were getting paid less at the time of Employer A H-1B amendment denial, then it becomes more complex.

    If you had been out of status on H1 in past (for example - not getting paid on bench, getting paid less than LCA), then you are out of status now. You may need re-entry in US to get back into status.

    >> Can I work after Company B files MTR?
    No. Since H-1B petition is denied, you can not work for Employer B, even if Employer B files for MTR.

    I would suggest you get professional advice from immigration attorney. Based on the facts so far, I see limited options for you.

    Good Luck.


    _______________________
    Not a legal advice.
    US citizen of Indian origin




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  • b_boy
    08-28 03:58 PM
    Pending too



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  • GCA
    09-15 01:05 PM
    hahah, interesting, funny but logical... I guess they just did not think through all this and why would they :mad:

    Had they able to think that far, may be many of the issues we face today wouldn't have cropped.




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  • koppula09
    01-04 12:51 PM
    Hi,

    I have a serious problem and I am not sure what would be the solution. My wife came on H4 in 2001 and we applied for H1B and we got an approval which was valid until Oct 2006. But, in Mar 2006, due to some personal reasons we applied for COS from H1B to H4 and we got H4 approval which was valid until Aug 27, 2006. Before the expiry of H4 status in August 2006, we decided to apply for H1B and since her H1B was valid until Oct 2006, our attorney applied for H1B under I-539 and they didn't apply for H4 extension simultaneously. Meanwhile, while the H1B was in process, we applied for premium processing later which added few problems. We got an RFE on this case and our attorney answered it by sending appropriate docs but again we got a second RFE which is not answered yet.

    Right now she is out of status and also, what will happen if her H1 is rejected and is it possible to apply for H4 right now, since it was expired in Aug 2006. If her H1 is rejected, can we apply for H4 even though her H4 was expired few months back or she has leave the country. Please help us out.

    Thanks & Regards,
    -- Venkat




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  • dcrtrv27
    11-14 07:32 AM
    Why dont you write to your COngressman or Senator?
    If possible go and meet them They will help you. or even better have your employer also write to them expalining the circumstances.

    Arulz,
    I did follwing things so far...

    1) Wrote Congressman (Informed that I should get adjucation by 60-120days)
    2) Wrote Senator,(Informed that I should get adjucation by 60-90days)
    3) Wrote Ombudsman.,(Informed that I should get adjucation by 60-90days)
    4) Called USCIS and raised thre SR so far.
    5) Talked to IO atelast once a week since last one month. (Asked to wait for weeks everytime)
    6) Had infopass past week : confirm teh case assigned to IO on Oct.17th

    My background check is clear VISa is available PD ius current...Everything is ready to go....Except that sleeping IO should wait up and cleare his desk.:mad:
    ONLY think now I need to do is track the IO and identify and contact him and wake him up and ask to do the needful.:D




    ItIsNotFunny
    10-27 03:52 PM
    Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.

    Change is hard - but change definitely brings new hope and prosperity.

    With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.

    Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.

    Lets all be together in turbulent times and work towards the change that we always want to see.

    IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.

    Hey! What about handsomes like me? Just kidding :). Wish you all Happy Diwali and properous new year.

    I Wish God Give me Strength to Fight Legal Immigration Injustice.

    When I Asked God for Strength, He Gave Me Difficult Situations to Face - Swami Vivekanad

    So, I know god is with me.

    Wish all so deserved people Green Card this year.




    rocket
    01-08 03:20 PM
    you guys are missing the point. contest rules have to be followed to the letter because they are a legal contract. if the rules state that the parents have to be legal residents then that's the way it is. if they decide to change the rules for the next contest due to political pressure , fine. but now they are opening themselves up to lawsuits for not following their own contract. i think it's funny how so many people are in favor of breaking the law as long as it suits their agenda. oh wait these are all people in favor of people breaking the law to come to america illegally. correct me if i'm wrong.



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