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  • Dhundhun
    06-05 09:09 PM
    For H4:

    USCIS does not give any document stating the fact that AOS is pending. Although EAD is not required to be present in USA, if H4 is not there, only EAD is proof of valid stay.

    So if SSN is not there or DL (or state ID) is expired then you need EAD - EAD renewal is up to you.





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  • TeddyKoochu
    10-15 04:05 PM
    Friends,

    I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.

    I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.

    I appreciate all your comments!

    Go for regular, the current processing time for I140 TSC is 4 months, you should be able to get approved before the next spillover season which is Jul - Sep 2011 (This is still a long shot for us :))





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  • shirish
    11-18 10:48 PM
    USPS won't do it for ever. But GC will surely take for ever.

    I guess you already know but can't help to remind this :
    USPS has a system of mail-forwarding. After leaving your old-address, if you notify USPS, USPS will continue to forward all your first class mails to your new address specified by you. You can do it Online @ usps.com... I guess they charge $1 for verifying your address from the CC address, if you do it online(which I did).

    So, NO, your mails will not be lost!





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  • snathan
    11-27 11:25 PM
    I thought the same thing but then I researched some more and I found out that this kind of notes basically gives the holder the power to go to court and get (easily), a court order to retrieve the owned amount from the other party's account. It generally applies to a Creditor Debtor relationship, but doesnt end there. ( i may be wrong ).

    Dont be surprised, the guys is covering all corners, so that in no way he gets in trouble. it just instates that fact he's good, which somehow doesnt work in my favour.
    I guess you are right, attorney is the best way to go about it.
    will post my out come here soon.
    Till then please post your comments or views here.

    Appreciate the responses!

    How long this bond is for. You employer seems like a cleaver and cunning guy.



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  • TomPlate
    11-28 03:02 PM
    Actually I have opened up a ticket to resolve the issue. Some how the variable is false and not generating the email. Now assigned to the programmer group.





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  • meridiani.planum
    07-18 10:37 PM
    I have i140 approved from previous employer with PD Nov 2005 (which became current with Aug bulletin). New employer has not yet started GC and my 6 years of H1B are getting over in next 6 months.

    Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.

    Thanks!

    yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)



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  • kumar1305
    02-15 03:31 PM
    The per country limit for countries is 7% and for dependency is 2% . I am not sure what the exact definition of dependency is. The FAM manual lists dependencies. Greenland is listed as a dependency.

    Greenland became an integral part of the Kingdom of Denmark in 1953.

    Greenland - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Greenland)

    FAM Manual

    Powered by Google Docs (http://docs.google.com/viewer?a=v&q=cache:duOg7IY_8mcJ:www.state.gov/documents/organization/87529.pdf+FAM+dependent+area&hl=en&gl=us&pid=bl&srcid=ADGEESg0NHOav5w3YDyGRuQ-5l8cUKd7K2x0xOpgUYuc2NMh4tdd3NmeDc4St58eMcS1B8SNt1 MNP82kcQSARNnTKrvmZZUV5yKuQ9_TDvjjfsQNfLurfQ1SfFFA 18ETbPO8Qp6lJbtM&sig=AHIEtbQOfqJ345B3_l9i_ta2BfQz-cTCTg)

    If Greenland which is a part of Denmark can be listed as a dependecy be classified as dependencies and given their 2% share each why cannot Union Territories of India i.e. Union Territories:

    Andaman and Nicobar Islands
    Chandigarh
    Dadra and Nagar Haveli
    Daman and Diu
    Lakshadweep
    National Capital Territory of Delhi
    Puducherry


    Additional Research: Goa and Pondicherry have been removed. Can somebody help me with the official UN docs?

    United Nations list of Non-Self-Governing Territories - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/United_Nations_list_of_Non-Self-Governing_Territories)

    Union Territories - Profile - Know India: National Portal of India (http://india.gov.in/knowindia/union_territories.php)

    So are scotland, wales considered dependencies? Kashmiris can get passport from Pakistan if they want. Who would give passports to Hyderabadis?

    Goa and Pondicherry are states now.

    It is difficult without knowing the meaning of dependencies and how it is defined.





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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.



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  • gcForV
    07-12 10:57 AM
    As other mentioned sending a certified letter to all senators/congress would be a good idea.
    sending them all in a 2-3 days span would be good.





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  • Iak123
    06-02 11:01 PM
    Thank You All for responding. That is very helpful



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  • sk.aggarwal
    07-23 10:45 AM
    Moonrah,

    I am in exact same situation as you. My 5 yrs on H1 are completing on December 2009 and have around 4 months outside US. We are expecting lay offs in a month or two, I am planning to wait it out and use this time to prepare for the interviews. I reached out to couple of consultants to do my GC as future employee but could not find any one. If anyone knows of someone who can help me please suggest.

    Thanks





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  • gapala
    04-09 01:43 PM
    Can someone please confirm if "Card Production Ordered" email from USCIS mean my 485 is approved and I have gotten GC ?
    Also if May bulletin is Unavailable it still means that GC;s issued if your date is current in April are valid ? My email came yesterday same day as the new May bulletin ?

    May bulletin is effective only in May 09, so you are in good shape.
    Congrats.



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  • sarasuva
    01-30 12:25 AM
    Hi,

    -I got my I140 approved in MAY 2006.
    -I got my 3 years H1B based on I140 approval. I went to India for stamping as I was out of status for 10 months due to 7th year extension pending for a long time with USCIS.
    - I came to USA on this H1B in JUNE'2006 with approval until JUNE'2009.

    -On JAN 2007, my company has received a letter from USCIS to 'INTENT TO Revoke' the approved I140.
    -My employer responded to USCIS letter with required documents.
    -We are waiting for USCIS decision.

    In this situation
    1.Will my H1B also be revoked if I140 is revoked?

    2. Can I transfer my H1B to another employer. How much time do I have?

    3. If I transfer my H1B(i have approval until JUNE2009), can I apply new labor and I140 and get extension again after 2009.


    Any other suggestions , help that you can do. Please advise?





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  • JunRN
    12-18 07:39 AM
    Here's what I think: Your lawyer changed address, is that right?



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  • snathan
    03-24 11:45 AM
    I was working with Employer-A till 30/Nov/08 and then filed H1 transfer with employer-B. I started working with Employer B on Dec/08/08 as we received the receipt.

    My H1B visa transfer with Employer-B was denied on Mar/02/2009 as the contract between Employer-B and Client was not signed by Client.

    My current H1B transfer is denied and previous H1B and I-94 is expired.
    Current H1B transfer:
    Start date: Nov-21-08,
    RFE received: Dec-30-08,
    RFE responded: Feb-06-09
    RFE expiry date: Feb-10-09
    Received Denial: Mar-02-09.
    Previous H1B with Employer-A expired: Jan-31-09.
    I-94 expired: Feb-10-2009.

    What are my options? I believe that I am out of status since Mar/02/09 (Denial date). Is there any way that I can stay on H1 status in US? I think H1 transfer is not possible as my current H1 is denied and previous H1 is expired. Can anyone confirm?

    If any new employer sponsors H1 for me with premium processing (I think I dont need to go through 2009 lottery system as I have already got H1 in 2006 cap), Is it legal for an employer to sponsor new H1B when beneficiary is out of status in US? Should I leave US and then my new employer can file fresh H1 using same 2006 cap so I dont need to go trhough 2009 lottery. Which is the good option? Should I stay in US or India while filing new H1? Within how much time should I leave the country? Is it ok to overstay for 15-20 days after denial?

    Please guide me asap. Thanking you in advance!

    If you are able to get the contract signe by your end client, you can appeal. Untill the final decision comes you would be in status. Otherwise you are already out of status. So might leave sooner. Also talk to attorney and update here. It might be useful for people who are in the same situation.





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  • BumbleBee
    08-24 07:16 PM
    Not sure whats stopping from this regulation to come in to effect

    http://www.ilw.com/articles/2006,0314-guevara.shtm

    http://www.murthy.com/news/n_subupd.html

    I wish if they publish the regulation soon, out of those 360K labor pending, half of the employees must have left the company.

    If the system doesn't change than may be its best to change ourselves to suite the system :D .

    <Joke> :rolleyes:
    Does anyone have approved/upapproved labor of 2001 and looking for subsitute candidate???? Please contact IV at blah blahh.. </Joke> :eek:

    never mind, just evening frustration!!!!!!


    BumbleBee



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  • saileshdude
    03-05 05:58 PM
    If this happens, there will be some other type of insurance for the bank accounts that will be set up at that time, btw , if your money is in any of the sensitive banks it is better to move it out to more stable banks.

    What are the ones that are sensitive and which ones are stable?





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  • rk3817
    11-29 10:29 AM
    Pardon my ignorance, I am new to the Forum and saw this discussion. Waht is a LUD and how do i find out what is on my pending I-485 petition.

    Thanks





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  • skynet2500
    10-19 01:00 PM
    Hello,

    My EAD (based on I-485 for EB-3; PD - July 2003) expires in the first week of Nov and I applied for my renewal in August and got a notice stating that my application has been received and it will be processed.

    I have not received the new EAD yet (status on the website says 'Initial review') and chances are that I may not get one before the current EAD expires.

    Am I dead in the water? Both my wife and I need EAD as our H1 has expired and we have changed jobs.

    Obviously I am worried sick,

    Any help, pointers, suggestions are much appreciated.

    Thanks,

    Few Suggestions..

    Contact USCIS to expedite the case. Usually they do it 90 days after they received the case. After this do the following..

    - Contact ombudsman office
    - Contact local senator office.
    - Contact local congressman office

    Good Luck.





    Munna Bhai
    02-11 07:41 PM
    Hi All:

    Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.

    This is very grey area but technically you are out-of-status if I-140 is revoked but USCIS is taking too long for revoking the cases.Hence see to it that your new company goes with GC processing soon and get your I-140 approved.

    Here is your situation, H1b is only for 6 years so if you are getting an extension after 6 years then there should be some proof(labor pending or I-140 approved) so if this proof goes off due to I-140 being revoked, USCIS has every reason to say that you are out-of-status but because of your H1 extension you have an I-94 which says that you are in-status. So one can fight on the basis of I-94.

    Hope this helps.





    reachinus
    07-14 12:14 PM
    Receipt Number: lin0720551219

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Case received and pending.

    On July 11, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.



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