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eb3retro
02-16 09:56 AM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
take it easy dude. People respond to one thread itself. you dont need to open multiple threads. also update your profile first.
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
take it easy dude. People respond to one thread itself. you dont need to open multiple threads. also update your profile first.
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harrydr
09-01 01:51 PM
Google G639 (http://www.uscis.gov/files/form/g-639.pdf) form for the pdf version. Here, it's already done. Just click on the link it will take you to the form you need to request the information. Fill it completely in as much details as possible and then get it notarized for your signature at a bank. Once notarized, mail the form out to the address shown on the form.
My personal experience:
I followed the exact procedure as explained above and it took me 3 months to get everything i requested as a pdf document files on a CD instead of paper copies. It depends upon how many requests they have in the pipeline. 3 months is not bad i think. Good luck for your request.
My personal experience:
I followed the exact procedure as explained above and it took me 3 months to get everything i requested as a pdf document files on a CD instead of paper copies. It depends upon how many requests they have in the pipeline. 3 months is not bad i think. Good luck for your request.
wandmaker
06-05 05:20 PM
USCIS has regular pickup schedule, it is the case with few of the applications mailed thru USPS - DONT Worry unless you want the application to reach on or before a specific date.
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bhasky25
10-11 01:39 PM
I received and RFE for medical and 325a in June 2009 and nothing after that. I replied to the RFE along with my AC21 from the current employer.
My current employer will not file an EB2 petition. Period. Not sure if it is an good idea to file an EB3 through them as it will not take me anywhere. I would rather switch to EAD and look for an employer who would do EB2 for me. But that would be my last option, I still want to work for this employer under H1b. But wanted to know if there will be any problem in getting my H1B renewed as my 140 is revoked. I am past my 6 yrs in H1B (got the previous one approved using my 140 approval).
My current employer will not file an EB2 petition. Period. Not sure if it is an good idea to file an EB3 through them as it will not take me anywhere. I would rather switch to EAD and look for an employer who would do EB2 for me. But that would be my last option, I still want to work for this employer under H1b. But wanted to know if there will be any problem in getting my H1B renewed as my 140 is revoked. I am past my 6 yrs in H1B (got the previous one approved using my 140 approval).
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bishwas123
03-14 05:34 PM
Hello everyone,
My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?
Please any suggestions would be greatly appreciated
Thank you.
My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?
Please any suggestions would be greatly appreciated
Thank you.
RajForGC
03-31 07:56 AM
I am applying 2nd PERM on April 3rd week, job is little different at least postion is little higher than the EB3, but they fall under the same O*net, not sure what is gonna happen, as of attoreny we can able to get approve, but some of the people says DOL will take more time to decide 2nd PERM, lets see.
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kaisersose
07-16 11:52 AM
That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
AOS is adjustment of status that starts when you apply for your 485. It is has nothing to do with using or not using EADs.
AOS obviously is independent of H status. A H-1 can choose to continue to use the H status after 485 as the two can coexist.
Like I said earlier, using EAD does not change the status.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
AOS is adjustment of status that starts when you apply for your 485. It is has nothing to do with using or not using EADs.
AOS obviously is independent of H status. A H-1 can choose to continue to use the H status after 485 as the two can coexist.
Like I said earlier, using EAD does not change the status.
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Texascitypaul
02-23 05:02 PM
Even though you entered under the VWP, and even though you remained here after your I-94 expired, you can file for AOS based on your marriage to a US Citizen.
Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.
Again thank you very much for the speedy reply.
So i need to file all at the same time the following..
Application to Register Permanent Residence or Adjust Status I-485 $1,010 ($930 plus a biometrics fee of $80).
Affidavit of Support I-134 $0
Petition for Alien Relative I-130 $355
Application for Employment Authorization I-765 $340
Is this everything? so assuming all goes well i would be protected from deportation from the time of filing until decisions are made? and would also be able to get EAD and SS number from that point on?
Paul
Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.
Again thank you very much for the speedy reply.
So i need to file all at the same time the following..
Application to Register Permanent Residence or Adjust Status I-485 $1,010 ($930 plus a biometrics fee of $80).
Affidavit of Support I-134 $0
Petition for Alien Relative I-130 $355
Application for Employment Authorization I-765 $340
Is this everything? so assuming all goes well i would be protected from deportation from the time of filing until decisions are made? and would also be able to get EAD and SS number from that point on?
Paul
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immi2006
08-21 05:49 PM
1. To be fair to all, Ask all h1b's to gain 2 - 3 years of US experience, before filing for GC. (2 years of Paystub at the minumum and or tax returns).
If there are pending apps already, at LC or 140 stage, push it on a 2 or 3 year stack and then get the h1b who has applied the GC a preference to start the process. This will ensure the oldest apps gets its merit of preference. Do it across all categories (Eb1, Eb2 , Eb3 )
This is not too much to ask, also senators and companies - business cannot feel bitter.
This will make the system slow down on the new applications, it will not jam the existing Que.
(2) Second Possibility, ask all the new h1 B's who have contributed by way of taxes to US system of an amount of 80,000 USD or higher to be eligible, that way only the cream of strata is not eliminated. For instance if someone earns 125000 then he can submit his app after a year. This will demonstrate the guy is smart and needed here, since companies will not pay 125K for a guy who is not worth.
(3) H1Bs should apply for GC from their home country and processing is to be based in their home country for the first 2 stages. (This will reduce DOL to focus on the 485 strictly, so it will reduce work load)
Edit/Delete Message
If there are pending apps already, at LC or 140 stage, push it on a 2 or 3 year stack and then get the h1b who has applied the GC a preference to start the process. This will ensure the oldest apps gets its merit of preference. Do it across all categories (Eb1, Eb2 , Eb3 )
This is not too much to ask, also senators and companies - business cannot feel bitter.
This will make the system slow down on the new applications, it will not jam the existing Que.
(2) Second Possibility, ask all the new h1 B's who have contributed by way of taxes to US system of an amount of 80,000 USD or higher to be eligible, that way only the cream of strata is not eliminated. For instance if someone earns 125000 then he can submit his app after a year. This will demonstrate the guy is smart and needed here, since companies will not pay 125K for a guy who is not worth.
(3) H1Bs should apply for GC from their home country and processing is to be based in their home country for the first 2 stages. (This will reduce DOL to focus on the 485 strictly, so it will reduce work load)
Edit/Delete Message
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mss007
04-21 03:05 PM
I am July 2007 filer, submitted I485, EAD/AP for me and my wife but as of now no LUDs on both I485s. Submitted at NSC but transferred to TSC this is happend at that time only now the case is pending at TSC.
EAD renewed last year got one year only now we have to renew this year again.
Many of my friends and their familes updated LUDs on 485 and even I read many threads in this forum regarding soft LUDs once or twice but mine is nothing... don't know:confused:
I took infopass appointment to know the status of my I 485. They said the case is pending it may take time and also said mail the letter to TSC and ask them what is the status? but she didn't say name check pending etc.., I don't where is stuck my application these I had wait once the processing time comes then they will update but nothing done....
Any one is facing same kind of situation?
Please let me Know.
PD Aug 2006 EB2
I485 pending at TSC, ND Sep 2007
no LUDs on 485 :(
FP done Nov 2007
EAD renewed last year got one year only now we have to renew this year again.
Many of my friends and their familes updated LUDs on 485 and even I read many threads in this forum regarding soft LUDs once or twice but mine is nothing... don't know:confused:
I took infopass appointment to know the status of my I 485. They said the case is pending it may take time and also said mail the letter to TSC and ask them what is the status? but she didn't say name check pending etc.., I don't where is stuck my application these I had wait once the processing time comes then they will update but nothing done....
Any one is facing same kind of situation?
Please let me Know.
PD Aug 2006 EB2
I485 pending at TSC, ND Sep 2007
no LUDs on 485 :(
FP done Nov 2007
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greencard_fever
11-01 08:31 PM
Hi willgetgc2005,
I am in same position you are in..i have applied for an extension for my mother in law for another 6 months ...it's been 5 months still waiting for approval...but i took a chance and made my mothe in-law stay back based on pending approval...its your call how bad you need your monther in-law's help during your daughter's treatment..if possible take the letter form doctors office that your daughter is sick and you need her help in this hard times and attach this letter with you extension application.. this will help for extension..this is what i did..
I am in same position you are in..i have applied for an extension for my mother in law for another 6 months ...it's been 5 months still waiting for approval...but i took a chance and made my mothe in-law stay back based on pending approval...its your call how bad you need your monther in-law's help during your daughter's treatment..if possible take the letter form doctors office that your daughter is sick and you need her help in this hard times and attach this letter with you extension application.. this will help for extension..this is what i did..
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mhathi
08-25 09:23 AM
Hi kondur_007,
Now can i do the 140 premium processing,to know the result asap.
If my 140 is still in process,can i file another perm labour and can i use my old labour dates.
Thanks for ur response.
Priority dates cannot be ported unless I-140 is approved. Unfortunately, in this case it looks like you will lose your original PD if they deny/refuse to accept your I-140 application.
Now can i do the 140 premium processing,to know the result asap.
If my 140 is still in process,can i file another perm labour and can i use my old labour dates.
Thanks for ur response.
Priority dates cannot be ported unless I-140 is approved. Unfortunately, in this case it looks like you will lose your original PD if they deny/refuse to accept your I-140 application.
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perm2gc
07-08 10:11 PM
Check again
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GotFreedom?
03-31 01:08 AM
Its always awesome to see these occasional threads mentioning 485 approvals. I wish we get to see more and more of these threads.
Congratulations and enjoy your freedom.
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
Congratulations and enjoy your freedom.
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
more...
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small2006
07-11 12:14 PM
When I went recently for my EAD renewal FP (I deliberately e-filed EAD renewal to get this FP notice, and it came fast), I took a copy of my I485 receipt notice, and explained to them that I have been waiting for that other FP for almost a year (never opened SR). They promptly took both FPs (code-1 for I485 and code-2 for EAD), and also told me I should never have waited this long, and instead should have contacted them (I guess they meant by Infopass) after 2-3 months.
I was not aware that you needed an FP for EAD renewal as well. Could you please clarify? I always had thought that FP is related to 485 and not EAD. Am I wrong?
Also, not sure which Infopass center you went to, but my center happens to be San Antonio and I have already been there twice before for expediting EAD/AP for my wife and we also asked them about finger printing then and they said they are not an "authorized" center for that although the USCIS rep I spoke to told me to go there.
I have anyway taken another info pass appointment there again just to try my luck again.
I was not aware that you needed an FP for EAD renewal as well. Could you please clarify? I always had thought that FP is related to 485 and not EAD. Am I wrong?
Also, not sure which Infopass center you went to, but my center happens to be San Antonio and I have already been there twice before for expediting EAD/AP for my wife and we also asked them about finger printing then and they said they are not an "authorized" center for that although the USCIS rep I spoke to told me to go there.
I have anyway taken another info pass appointment there again just to try my luck again.
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nat23
03-14 07:51 PM
after a legal stay in the USA (this includes holders of valid approval notices), Canada or Switzerland- return to the country whose citizenship they hold
do not need an airport transit visa
I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?
You need an unexpired visa (approval notices wont work)
do not need an airport transit visa
I presume the above is what you are referring to. My wife (on H4) and I (on H1B) are planning to fly to India later this year on Lufthansa. Both of our Visas have expired although we hold valid H extension approval notices. Will we need transit visas or will the above rule apply? Any body with experience of similar situation?
You need an unexpired visa (approval notices wont work)
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FinalGC
02-13 01:11 PM
No more slavery to Desi Consulting companies, so help IV to help U get the GC.
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ak_manu
09-29 01:36 PM
We had a bitter experience when we took OUR gold while traveling to india for attending a wedding. Customs officers never listened when we said it was OUR gold and we are taking it to wear for wedding. They demanded 1000$ dollars as bribe even though I said I can offer 400$ for my carrying my OWN gold. After lot of arguing, I was fed up and told that I will leave gold with them and take it with me when we go back. Finally, one officer intervened and he let us go without taking any money as he sensed that issue is going too far and we might end up complaining.
My suggestion, try to wear as much as gold you can as that is considered ok if it on your body. Take minimal if possible.
My suggestion, try to wear as much as gold you can as that is considered ok if it on your body. Take minimal if possible.
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dbevis
July 15th, 2004, 07:45 PM
I hope they are, too. Some birds seem to feed the young much longer than others, even after they've left the nest. I'd suggest taking a large *Do Not Disturb* sign with you tomorrow. Or perhaps "Approach at Your Own Risk*.
:)"Be quiet, or I will bash you with this big lens!" (the people, not the birds!)
:)"Be quiet, or I will bash you with this big lens!" (the people, not the birds!)
sriramkalyan
06-23 02:56 PM
May be it is positive for skilled legal immigration. Since CIR is not coming anytime soon, congress can look at improving exiting legal immigration and Administrative changes can happen!!
mack
03-09 08:19 PM
does anyone have stats on what the double dipped usage trend has been? not sure if the latest stats from uscis reveals that.
