gcnyc
06-20 11:29 PM
Does any one know answer for this? I was curious to know.
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sparky_jones
10-05 10:49 AM
Never knew that spouse had to be included in the I-140 stage... Is this a new rule?
No, this is basically the left arm of the government not knowing how the right arm does its business.
No, this is basically the left arm of the government not knowing how the right arm does its business.
emshal2
09-09 11:42 PM
mn
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nb_des
04-15 02:59 PM
Yes, if my LC will get approved in the iterim, I might be safe, but with no time left on the H1-B, and with the reduction of salary that will be applied very soon, I don''t think this is going to happen. Unless, as you said, I won't be lucky enough to get approved really soon.
Again your LC approval has no direct connection with what you are being paid currently. LC is for future job so I find it unlikely that DOL will factor your current salary in any way. They may consider your employer's ability to pay the stated salary on LC based on their finacial situation but your current pay stub should not matter.
Does that answer your question?
Again your LC approval has no direct connection with what you are being paid currently. LC is for future job so I find it unlikely that DOL will factor your current salary in any way. They may consider your employer's ability to pay the stated salary on LC based on their finacial situation but your current pay stub should not matter.
Does that answer your question?
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gc_chahiye
09-23 02:11 AM
Gurus,
Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:
1) Is that o.k having copies only or we should have originals? If we do not
have originals what bad may happen?
2) Either my lawyer or I have not received any of my receipts but we
received all receipts of my family. Is this normal? How long should we wait
for my receipts before contacting USCIS? By the way USCIS already gave
me my all numbers for teh receipts and according to USCIS my receipts
already mailed on Sept 14th. What would be advisable action for me in
this case?
3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?
Thanks.
- BharatPremi
1. we also only have the copies of our receipts. Lawyers say the originals are property of the employer. Does not matter I think, as what we needed were the receipt numbers to track status, and a copy in case we communicate with USCIS (if we communicate with USCIS for something, we'll only include a copy of the receipt, dont need original). If you ever feel you need the original receipt (esp. of the 485) you can point them to the regulation that says you need original 485 receipt if you travel when you have AOS pending. there was a thread earlier on IV, and also lots of Google references:
http://www.google.com/search?q=%22is+in+possession+of+the+original%22+tr avel+adjustment&sourceid=navclient-ff&ie=UTF-8&rlz=1B3GGGL_enUS230US230
2. people have got receipts (even fingerprinting notices, appointments) weeks apart from their co-applicant. I would say hang on a week before you contact uscis.
3. our receipt also had the PD field blank. Apparently thats normal
Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:
1) Is that o.k having copies only or we should have originals? If we do not
have originals what bad may happen?
2) Either my lawyer or I have not received any of my receipts but we
received all receipts of my family. Is this normal? How long should we wait
for my receipts before contacting USCIS? By the way USCIS already gave
me my all numbers for teh receipts and according to USCIS my receipts
already mailed on Sept 14th. What would be advisable action for me in
this case?
3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?
Thanks.
- BharatPremi
1. we also only have the copies of our receipts. Lawyers say the originals are property of the employer. Does not matter I think, as what we needed were the receipt numbers to track status, and a copy in case we communicate with USCIS (if we communicate with USCIS for something, we'll only include a copy of the receipt, dont need original). If you ever feel you need the original receipt (esp. of the 485) you can point them to the regulation that says you need original 485 receipt if you travel when you have AOS pending. there was a thread earlier on IV, and also lots of Google references:
http://www.google.com/search?q=%22is+in+possession+of+the+original%22+tr avel+adjustment&sourceid=navclient-ff&ie=UTF-8&rlz=1B3GGGL_enUS230US230
2. people have got receipts (even fingerprinting notices, appointments) weeks apart from their co-applicant. I would say hang on a week before you contact uscis.
3. our receipt also had the PD field blank. Apparently thats normal
fcres
12-10 02:40 PM
What matters is a permanenet job offer letter and duties should match the
labor.
Rajesh Alex
rajeshalex: Where does it say job duties should match? I was under the understanding that the occupational classification should be same/similar.
labor.
Rajesh Alex
rajeshalex: Where does it say job duties should match? I was under the understanding that the occupational classification should be same/similar.
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mzdial
March 15th, 2004, 01:37 AM
I'm guessing this topic was spurred by my post about the cameras I carry.. :-)
I didn't buy that particular phone for the camera, it was built-in.. Quality isn't great and you know that going in that -- it's a toy.
It does have some nice options on the phone, especially when the phone is reprogrammed. (I have a buddy that works for Motorola up in Chicago.) All the options on the phone are open now on it. That was my particular motivation in the phone. I use the GPRS on the phone to transmit pictures on occasion from my powerbook (plugs in via USB -- works as a GPRS modem or a standard 9600 baud analog modem) .. Very nice. It's got the built-in POP/IMAP message center and all that good stuff too.
I'll take a couple pictures with it and post it here tomorrow when I get a chance.
-- Matt
I didn't buy that particular phone for the camera, it was built-in.. Quality isn't great and you know that going in that -- it's a toy.
It does have some nice options on the phone, especially when the phone is reprogrammed. (I have a buddy that works for Motorola up in Chicago.) All the options on the phone are open now on it. That was my particular motivation in the phone. I use the GPRS on the phone to transmit pictures on occasion from my powerbook (plugs in via USB -- works as a GPRS modem or a standard 9600 baud analog modem) .. Very nice. It's got the built-in POP/IMAP message center and all that good stuff too.
I'll take a couple pictures with it and post it here tomorrow when I get a chance.
-- Matt
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punjabi
02-22 07:19 PM
Hi Kris,
Can you please give the source from where you heard about this info? There are a lot of rumors being spread without any reason behind them. So this is important to find the source of the info before we get panic or make decision.
Thanks.
Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps .....kris
Can you please give the source from where you heard about this info? There are a lot of rumors being spread without any reason behind them. So this is important to find the source of the info before we get panic or make decision.
Thanks.
Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps .....kris
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logiclife
08-03 07:23 PM
Hi logiclife,
I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.
Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.
No, I dont have any code or INA section for that. And I never said that just the job title and dates of employment will suffice. No, that wont suffice, coz that only shows what happened in the past. The employer letter is supposed to assure USCIS that the job offer is still valid and if USCIS gives you greencard then the employer is still offering employment which was the basis for filing greencard. The future component is a must. What happened in past and what happened so far (up until 485 filing) is irrelevant. Therefore just the title and dates of employment ARE NOT ENOUGH.
What is relevant is the job described in labor cert is still available to you IN FUTURE and whether employer is willing to say it on a letter to USCIS that "Hey, take care of this guy's 485 coz I still plan to hire him on XYZ position IN FUTURE ".
I am telling you from my own experience with what my lawyer had prepared for my HR to sign.
My employer's letter simply states that A) they will pay me X amount at the minimum (which is my current salary) and B) the job is still being offered as per job described in ETA 750 and I-140.
That covers everything. Labor cert has job description. 140 has other credentials. If a letter with 485 says that job offer is still valid a per job described in labor and 140, that covers everything.
I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.
Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.
No, I dont have any code or INA section for that. And I never said that just the job title and dates of employment will suffice. No, that wont suffice, coz that only shows what happened in the past. The employer letter is supposed to assure USCIS that the job offer is still valid and if USCIS gives you greencard then the employer is still offering employment which was the basis for filing greencard. The future component is a must. What happened in past and what happened so far (up until 485 filing) is irrelevant. Therefore just the title and dates of employment ARE NOT ENOUGH.
What is relevant is the job described in labor cert is still available to you IN FUTURE and whether employer is willing to say it on a letter to USCIS that "Hey, take care of this guy's 485 coz I still plan to hire him on XYZ position IN FUTURE ".
I am telling you from my own experience with what my lawyer had prepared for my HR to sign.
My employer's letter simply states that A) they will pay me X amount at the minimum (which is my current salary) and B) the job is still being offered as per job described in ETA 750 and I-140.
That covers everything. Labor cert has job description. 140 has other credentials. If a letter with 485 says that job offer is still valid a per job described in labor and 140, that covers everything.
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mbartosik
05-30 01:28 PM
I understand if someone was stuck in BEC, we all got s****ed with that.
But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.
PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.
But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.
PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.
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Jeff Wheeler
11-27 04:36 AM
Hmm... I didn't know about AIR issues you mentioned.. ;( On PC it works great, and people at Adobe (as I can see on videos) use Mac OS as their primary OS.
AIR on Linux is in beta, and it�s no question why. It�s a second-class citizen.
btw considering Mono... We had an ASP.NET app that had to be ported to Linux.. We did it with Mono, but... there were huge problems with memory leaks.. So colleague had to rewrite it completely in PHP.. So, my (bad) experience tells me not to use .NET on Linux... Perhaps they fixed it though? Ugh, somehow I don't believe that Microsoft cares for any other OS but its own.. ?
ASP.NET may be different from normal .NET apps, but there are many first-class C# apps that run in Mono�s runtime environment that can be ported from *nix to even OS X.
I can�t speak for your experiences, but if you rewrote it in PHP, it probably wasn�t intended to a normal GUI app in the first place. PHP is an odd replacement, if so.
AIR on Linux is in beta, and it�s no question why. It�s a second-class citizen.
btw considering Mono... We had an ASP.NET app that had to be ported to Linux.. We did it with Mono, but... there were huge problems with memory leaks.. So colleague had to rewrite it completely in PHP.. So, my (bad) experience tells me not to use .NET on Linux... Perhaps they fixed it though? Ugh, somehow I don't believe that Microsoft cares for any other OS but its own.. ?
ASP.NET may be different from normal .NET apps, but there are many first-class C# apps that run in Mono�s runtime environment that can be ported from *nix to even OS X.
I can�t speak for your experiences, but if you rewrote it in PHP, it probably wasn�t intended to a normal GUI app in the first place. PHP is an odd replacement, if so.
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saravanaraj.sathya
08-22 03:02 PM
We can do it in New York city for new york residents....Any thoughts?
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eb3_nepa
07-29 10:10 PM
Then we let the CITIZENS of the country decide what is best for their country! Guys understand one thing, it is a numbers game.
1) Legal Employment Based Immigrants: LESS THAN 0.5 Million with NO CITIZENS to back us.
2) Illegal Immigrants: MORE THAN 12 million with a HUGE chunk of the Hispanic CITIZENS to back them up.
Even the citizens who DO oppose Illegal immigration, SIMPLY OPPOSE illegal immigration, but DO NOT SUPPORT legal immigration per se.
Please DO NOT make the mistake of taking on the CHC at this point, it is a fight that is IMPOSSIBLE for us to win and POINTLESS to even fight. If we win against the CHC (big IF), we win NOTHING, if we lose, we now have bigger problems.
1) Legal Employment Based Immigrants: LESS THAN 0.5 Million with NO CITIZENS to back us.
2) Illegal Immigrants: MORE THAN 12 million with a HUGE chunk of the Hispanic CITIZENS to back them up.
Even the citizens who DO oppose Illegal immigration, SIMPLY OPPOSE illegal immigration, but DO NOT SUPPORT legal immigration per se.
Please DO NOT make the mistake of taking on the CHC at this point, it is a fight that is IMPOSSIBLE for us to win and POINTLESS to even fight. If we win against the CHC (big IF), we win NOTHING, if we lose, we now have bigger problems.
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txh1b
08-18 01:39 PM
The attorney's post re-iterates what I have been saying. You did not qualify for H1b portability. Even if USCIS approves the case with a I-94, you cannot consider yourself safe as it might come back and bite you for working illegally.
If you do not exit and re-enter, all the period that you spent in US from the day of losing your job can be considered unauthorized and may result in your GC denial or a ban of 3-10 years based on the time spent.
If you do not exit and re-enter, all the period that you spent in US from the day of losing your job can be considered unauthorized and may result in your GC denial or a ban of 3-10 years based on the time spent.
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hoolahoous
03-18 10:51 AM
i am switching job using ac21. my current employer trusts immigration attorneys. and as expected attorneys suggested (since they get paid) that company should withdraws both H1 and I-140 after I leave. I know I am safe, however USCIS will definitly send me an RFE at time of processing my application and I will have to answer that. So I am trying to put my side to them saying that if it is optional, they should not.
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
So my question is, does the Law say that an employer has to withdraw all (or some) immigration petitions after employee leaves ? I was trying to search but I couldn't find anywhere where it said that it is mandated.
Also as far I could tell from forum posts, there is no set form which needs to be filled by employeers to withdraw the application. That would seem to suggest that it is not mandated.
On flip side, if it is mandated, then why most of the employers do not withdraw the application ?
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drona
08-31 12:47 AM
Am I missing something here. Isn't it via country of birth and not country of citizenship. There might be better ways to get around the system. EB2 Indians should marry EB3 ROW folk and apply cross-chargeability! I have yet to think of a way out for EB3 India!
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shreekarthik
06-08 05:57 PM
Guys,
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
in case of spouses having different nationality, we can flip the primary applicant and are not mis-matching the priority dates. So if ur wife is from a non-retro country her PD is still going JAN 2006 but since she is from non-retro she has greater chance of success.
But here u want ur priority date to be applied to your spouse application and that's not legally possible. As the other poster says u can try PERM for EB2 and xfer ur old PD to the new PERM.
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
in case of spouses having different nationality, we can flip the primary applicant and are not mis-matching the priority dates. So if ur wife is from a non-retro country her PD is still going JAN 2006 but since she is from non-retro she has greater chance of success.
But here u want ur priority date to be applied to your spouse application and that's not legally possible. As the other poster says u can try PERM for EB2 and xfer ur old PD to the new PERM.
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pointlesswait
04-10 04:10 PM
who cares what Lou dobbs says???
he has been yelping for ages... its all abt rating and ranting;-):cool:
he has been yelping for ages... its all abt rating and ranting;-):cool:
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nk2006
07-20 12:48 PM
From the website [url]2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
3. If you count 20 % then for India the figure per year is 28000.
Current per country limit is 7% (9800 for all EB categories).
3. If you count 20 % then for India the figure per year is 28000.
Current per country limit is 7% (9800 for all EB categories).
krish2005
11-09 05:47 PM
hmm.. are you saying that ancient indians specialized in stem cell research? :p
Dr. Balkrishna Matapurkar, a surgeon at New Delhi's Maulana Azad Medical College, has pioneered a stem cell based technique for the regeneration of tissues and organs. He already holds a patent for this innovative technique. Incidentally, he is of view that embryonic stem cell research is one of the lost sciences of ancient India.
But please note that I am not trying to propagate that indian culture is best or better etc. I just wanted to share that stem cell related view of mine.
A couple of the fellow members might be cursing me to have posted this in. I know its nowhere related to immigration, but just a thought share.
Dr. Balkrishna Matapurkar, a surgeon at New Delhi's Maulana Azad Medical College, has pioneered a stem cell based technique for the regeneration of tissues and organs. He already holds a patent for this innovative technique. Incidentally, he is of view that embryonic stem cell research is one of the lost sciences of ancient India.
But please note that I am not trying to propagate that indian culture is best or better etc. I just wanted to share that stem cell related view of mine.
A couple of the fellow members might be cursing me to have posted this in. I know its nowhere related to immigration, but just a thought share.
wandmaker
11-04 01:49 PM
You will not be able to get a original document from lawyer/company. if you have maintained a good relationship with the lawyer/company, you can request a copy of it.
Guru's
My I140 is approved on October 24 2007 and original document has got my lawyer and employer, but I have not received any original document. My question is: Does I can get original document or I have to ask to my lawyer or employer?
Guru's
My I140 is approved on October 24 2007 and original document has got my lawyer and employer, but I have not received any original document. My question is: Does I can get original document or I have to ask to my lawyer or employer?
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