Friday, June 10, 2011

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  • webm
    11-06 08:47 AM
    I believe you are in New York. Next time try the direct flight from Mumbai to Newark. I heard thats the best my friend just tried it and he was going gaga about it. I am sure your inlaws can manage Chennai to Mumbai. What are the chances u can find someone who can speak Tamil ,Telgu in Mumbai than in Brussles or any other stopoever in Europe. :-)

    Can we know which airline direct flight from Mumbai to Newark you mentioned something new or is it AirIndia??





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  • san3297
    11-09 08:05 PM
    I filled for H1 for my wife through a company. We received an RFE requesting for original degree certificates along with some other docs. My concern is do i need to send all the orginal certificates of her or just transcripts attested by registrar is fine. If i send originals how are they going to send me back. Please let me if anyone was in this scenario before. This is first time filling of the H1 Petition. I am including the original rfe text related to the certificates.

    College/University Transcripts: Submit an original of the beneficiary's college/ university transcripts. Include all courses taken toward the degree.The transcripts must be signed and dated by the person in charge of the records. Additionally both sides of the sealed flap on the outside of the college of universitys envelope must be signed and dated by the person incharge of the records.

    Original Documents: Provide the original degree and transcripts the beneficiary receive from Jawarlal Nehru Technological University. Do not send additional photocopies. Do not send an origianl document different than the one from which the photocopies were obtained.





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  • makemygc
    07-18 11:37 PM
    Check with this:

    If I filed my case previously without an application for employment authorization or advance parole, how do I apply now for those benefits?

    If you failed to apply for work card or a travel document at the time you filed your adjustment of status application, you need to wait until you received a receipt for the I-485 petition. You can then apply for work and travel benefits by providing a copy of the receipt along with the other forms and supporting documentation.

    As far as I remember there was case with one of the IV member whose EAD/AP checks got cashed although he filed on July 2nd. He was the only case of its type and I remember someone from the core clarifying that Aman or pappu helped that guy file his 485 case but his EAD was filed separately. I'm not sure how they manage to do that.
    You may want to PM pappu or logiclife for that.





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  • ajay_hyd
    02-08 12:53 PM
    If its been more than 180 days since your 140 was approved, can you not use AC21 to move to a new job (similar). even if the old company revokes the 140, you will get RFE/NOID and you can reply back in specified time.

    correct me if i am wrong.



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  • TomPlate
    07-11 10:59 AM
    That is great south mama. Machi I filed I140 on JUN2nd and I got approved on JUN10th. Machi Congrat you soon will get the ration card.





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  • yetanotherguyinline
    01-18 09:17 PM
    ^^^^



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  • vnsriv
    03-31 04:32 PM
    I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.

    If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !

    I second this. Tax Filing has no implications on your immigration status.





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  • mrdelhiite
    01-10 01:47 PM
    She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.

    Thanks

    Can you explain ur case in detail. the part "I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues." is interesting ... did u renew H1 by getting another stamp ... did u change companies on H1 after the AP travel ?
    -M



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  • intheyan
    07-17 05:17 PM
    Murthy ji and Rajiv.S.Kanna are very good lawyers. Please don't use any bad words. You will really be in trouble.





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  • emmNemm
    07-16 08:57 AM
    I agree. I am EB2 and my Prevailing_Wage_Level is Level II



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  • gc28262
    06-14 03:54 PM
    Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."

    Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?

    I am not thorough on this topic. From what I read on the forum, you can use your old PD in your current I-485. More knowledgeable people please chip in.





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  • pezz77
    05-24 10:02 AM
    Please go ahead with the filing especially when your employer is bearing the expenses.

    Everything is in flux right now and even the bill is approved, It takes some time for the new system to get in place and you can preserve the Priority Date of the LC applied under the old system, if you need to reapply as per the new merit based point system.

    Thanks for answering the question Sravani... that's all I was looking for: opinion on wether or not it was best to wait or not. Have a good one.



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  • chanduv23
    11-06 10:08 AM
    I believe you are in New York. Next time try the direct flight from Mumbai to Newark. I heard thats the best my friend just tried it and he was going gaga about it. I am sure your inlaws can manage Chennai to Mumbai. What are the chances u can find someone who can speak Tamil ,Telgu in Mumbai than in Brussles or any other stopoever in Europe. :-)

    Air India (direct Mumbai to JFK) is Rs 70,000 INR and Jet Airways is giving promotional offer rs 47,000 INR in January 2nd week, which is peak season.

    Lufthansa, Emirates, KLM are all in Rs 57,000 to Rs 65,000 INR range.

    Only thing we are worried about is connecting in Burssels, I guess that should be fine if we ask for a wheelchair.

    Thanks for all your inputs.





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  • neobuddha
    08-28 02:02 PM
    I went through this experience. My I-140 was approved but never received any receipt or approval notice. Finally, my lawyer had to file I-824 (To request further action on an approved application or petition). This is a slow process and it took about 10 months for us to get the duplicate approval. All other request for sending the copy of approval notice etc did not work.

    All the best.

    -NeoBuddha

    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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  • hpandey
    04-29 10:54 AM
    Thanks kaisersose.

    Anyone else have any inputs. I need to make this decision soon and would appreciate as many inputs as possible.

    Thanks.

    H1-b extension rarely gets denied so you don't need to worry but if you are worried about it ( most people in the GC line have had their H1's renewed multiple times ) then use the EAD for working . EAD would also give you flexibility to change jobs in future to a better paying employer.

    H1-b RFE or denial for you will not affect your GC process since you are a derivative application unless you have done something really illegal .

    I would advise you not to get worried. You just need to decide whether you want to maintain your H1 status or work on EAD. Everything will be fine either way.





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  • anantc
    01-29 09:27 AM
    Hi,
    my wife has received EAD and she also has H4 status. If she travels on H4 and get it stamped in India , can she work on EAD when she comes back?

    Kindly request your help,
    Anant



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  • GCAmigo
    08-03 12:21 PM
    FIFO - FirstInFirstOut & LIFO - LastInFirstOut

    Folks at USCIS follow a random method ie AIAO - AnytimeInAnytimeOut.

    Enjoy the wait!





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  • newbee7
    07-05 12:52 PM
    If you like to beleive that the USCIS employees care USCIS revenue, you might like this answer.

    200K apps (potential applicants in July) times $500 increase.

    100,000,000





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  • pappu
    07-01 08:21 PM
    Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.

    Can he do so? - Theoratically yes, practically: highly unlikely.
    if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
    - a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
    -many consulting companies do not pay salary while the guy is on "bench"
    - they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences

    - a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?

    In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.

    bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.

    Good luck buddy!

    We do see such threads on the forum occasionally. There are several instances where members have posted negative comments about consulting companies and how employees are unhappy working for them.

    I want to understand the reasons why people are not filing lawsuits against such companies yet? Why are we not reporting them to DOL and USCIS? Especially after filing I485 and expiry of 6 months, people are in a better position to file lawsuits against such employers.

    IV can help only if people are willing to be helped and ready to take action.

    If this system needs to be cleansed, then why aren't we doing it?





    roseball
    02-25 12:58 PM
    I started talking to new employer about my joining and I requested for preparing PERM stuff before I join. This is the only this I want the new employer to do on behalf me before I join with him. The employer said Prevailing Wage determination takes 2 months. And the new employer mentioned that he can not do Prevailing Wage determination without joining. Is this right?

    PWD has nothing to do with you joining them. All DOL does in PWD is it assigns a salary range based on the location of the job and the minimum requirements defined for the position. BTW, it is infact taking 2-3 months to get PWD these days.





    mali03
    05-25 08:04 AM
    called LINDSAY GRAHAM'S office!



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