Thursday, June 23, 2011

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  • spicy_guy
    03-29 08:52 AM
    What if I only complain about recent unpaid period when I was in even in project. They dint pay any thing on March 15th and dont want to pay on March 31st. They only want to pay in April. Whats your suggestion?
    Thx

    Regardless of the period, you need to complain to DOL. DOL takes action against them. Again, it doesn't matter if you are on project or not. They must pay you all the time.




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  • vishal
    04-15 02:30 PM
    hi all,
    since it is taking so long for the namechecks to get cleared. what usually happens after we do FP. how is the process initiated.

    any response is appreciated




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  • cdeneo
    01-07 03:05 PM
    I would really appreciate input on the following:

    1) What is the impact on a pending I-485 application if one is laid off and files for unemployment? Would an unemployment claim create a problem when I-485 is up for adjucation and about to be approved (assuming by that time one has a same/similar type of job lined up and is not unemployed).

    2) What information does one need to provide for filing unemployment (I read somewhere that the A# - alien number off the I-485 application needs to be provided)?

    3) Does USCIS get notified when unemployment is filed by someone who has an I-485 pending? Would filing for unemployment trigger any RFE's or alerts in the system?

    Looking forward to some good guidance on this topic. Thanks!




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  • dilipb
    01-31 03:42 PM
    I applied for 485 during last years July surge I think on July 19th 2007.
    As per these 2 links it shows that 485 processing date is at July 19th 2007.

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    I am in PITTSBURGH, here too it shows as July 19th
    https://egov.uscis.gov/cris/jsps/officeProcesstimes.jsp?selectedOffice=55

    I have already received EAD etc.
    Does this mean that my Green card processing is starting now ?
    Can anyone comment ?



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  • kondur_007
    09-18 09:50 PM
    My 140 is Approved from Company A.I haven't filed my 485 yet.
    My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).

    My qn is what if company A cancels my 140?
    If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?

    Thanks for your help.

    I am not a lawyer, but this is what I can tell (as far as I know):

    1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.

    2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.

    3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.

    4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!

    Good Luck.




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  • finimits
    05-03 10:01 AM
    So I will automatically get a 3 year extension when I do the H1B transfer to the new company? Is that because I have a I-140 approval already? I guess I need to show that and the PERM copy. Correct?



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  • kopra
    08-18 01:57 PM
    If she can come back before 1st Oct( i believe her employment will start from Oct 1st) , she should be OK as H1 status will be valid only from Oct 1 2008 onwards.



    Hi Everyone,

    Have a question

    My wife came to USA on H4 (2007), we have applied for H1 this year(2008)and is it approved (we did not received the petition yet). She has to travel back to india for a month from (Sep 08 - Mid Oct08). I am concerned about the issues/status when she enters back in USA. Her H4 is valid till Sep-2009.

    1) Can she go back on H4 visa and return back with the same H4 visa. Will she be having any issues at the Immigartion officer at port of entry. If so, what type of questions she has to face?

    2)After coming back, will her H1 have any issues ?

    What would be the best thing to do .. I am really worried about this status issues.

    Can any one of you pls let me know how to face this .




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  • cagedcactus
    07-24 04:01 PM
    My I 140 was rejected in April 2007 because USCIS thought that my company couldnt show the ability to pay. My PD was 2003 August.
    My attorney filed an appeal, and now he suggests, that we file fresh I 140 and I 485 using the same Labor approval from original PD.
    I asked her, whether it was allowed, because I was thinking about filing fresh PERM under the impression that since My I 140 was rejected, I lost my PD.

    I need help from the GURUs here. Is the above possible?
    My attorney says that when an appeal is pending, once can file a new I 140 and get that approved (so it replaces that appeal). And the benefit would be I will be able to file I 485 right now along with I 140.

    Please help me out. I need to act soon on this.
    Many thanks in Advance.......



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  • setpit_gc
    08-13 01:58 PM
    My 485 was approved last week. Current status is Post Decison Activity. I've received Welcome Notice few days back.

    It seems like USCIS automatically ported the PD.

    My EB3 PD is April 2003 and working for the sponsored company.

    I filed another 140 under EB2 through another company and it got approved 3 years back. I never joined in that company. I didn't port my EB3 PD when the EB2 140 was filed.
    As a matter of fact, I completely forgot about this EB2 140 and this company.

    All of a sudden, last week my 485 was approved with the EB2 PD which is Jan 2006.

    I guess USCIS ported EB3-EB2 automatically. Is it normal?. What should I do?.

    Please advice.




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  • Green.Tech
    07-24 03:12 PM
    As per my attorney, there is no validity requirement for the passport, just that it should be valid at the time of AOS application. So, the OP should be ok. But like others said, do apply for a new passport as soon as possible.



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  • chantu
    02-11 09:12 AM
    Is this firm based in NJ near Jersey City?

    Hi ->
    I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
    So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.

    Points that summons contain :
    FIRST COUNT : Breach of Contract
    Second Count : Tortious Interference
    Third Count : Breach of Duty of Good Faith and Fair Dealing
    Fourth Count : Unjust Enrichment
    Fifth Count :Misrepresentation and Fraud
    SIXTH count : Breach of Duty of Loyalty

    Really I would you appreciate you guys advise me right way to handle this.




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  • kumar1
    03-18 11:49 AM
    I am EB3-India with PD July-2005. On 3/10/2009 USCIS issued an RFE. It is about job verification/continuation. USCIS wants my employer to verify that future job is still available.
    My paralegal said and I quote, USCIS is issuing this kind of RFE on almost every case. Present economic situation might be the main reason behind it.



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  • obelix
    07-27 03:14 PM
    Thanks.

    Yes, you need to know your original title that was used.




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  • fromnaija
    01-04 09:05 AM
    I dont know if this is possible but how about applying for EB3 using premium processing and once it is approved u have ur prority date set to Apr 2004 and then apply for EB2 I140 and ask for the April 2004 priority date.

    I am not sure if u can do this, looking forward from others to see if this is possible.


    It is possible as mnkaushik suggested. And your employers don't have to revoke the EB3 140 in order to file the EB2 140. You will need to file EB3 first and after it is approved, file EB2 and port the EB3 PD to the new application.



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  • EndlessWait
    12-06 08:01 AM
    I have heard many cases where in the dependant gets their EAD faster than the prime applicant. My guess would be that USCIS is prioritizing H4 to get the EAD faster since the prime applicant already has the H1. That does not mean you won�t get your EAD ever but it looks like it is not a higher priority.
    not EAD, but thanks for the reply.




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  • mzdial
    March 28th, 2004, 11:49 PM
    It's always good to catch someone when they have no idea.. :-)

    I'll post up my attempts from the fan perspective.. I'll start another thread and share my thoughts on shooting from the stands.

    -- Matt



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  • prolegalimmi
    03-27 08:41 PM
    Prolegalimmi,

    Our team is in contact with NPR. Are you working with sunil on this?

    Thanks,
    Berkeleybee

    No Berkeleybee. I just wrote the comments to the editor, and would like to, and wanted to encourage others to do the same so NPR feels a need to bring this view to the public. There are 300,000 of us affected, if only everyone wrote about this to anyone they could. If I am duplicating efforts, my apologies.




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  • immigrationSantosh
    02-08 04:29 PM
    I found one group -
    EmployementLawGroup.net
    And they are asking me
    - $195 for a 30 minute phone consultation
    - $395 for a 60 minute phone or in-office consultation
    I don't know how much they are going ask to answer to my summons along with filing a new case .Tomorrow I'm going to send documents and then I'm going to have appointment with them.
    For the time being I'm going ahead with them - If you guys know please advise me.
    ( I'm really not earned/earning much )




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  • lecter
    February 18th, 2004, 10:04 PM
    that would sell a lot of 1Ds's




    snathan
    01-28 01:35 PM
    I am trying to collect a list of some prominent people (scientists, doctors, entrepreneurs, etc.) who are EB immigrants or were/are on H1 for an article. Please share if you happen to know or can point to such information. For example, orkut was invented by a former H-1B visa holder. Any examples with relevance in the current economic situation will be specially useful. For example, somebody who immigrated to US on EB category is now running a business and/or employing Americans.

    Thanks!

    1. Sheela Murthy
    2. Indra nooyi
    3. Vikram Pandid
    4. Google Founder
    5. One of the Google Director/scientest from india - who found the Google news
    6. One of the Sun micro system's co-founder was indian.

    You can find lots people in the internet.




    EB2_Jun03_dude
    11-29 09:31 PM
    thanks for the info .. i think i will schedule a medical appt for dec 10th.

    Also my birth certificate(English version too) was send along with I-485 app. So I hope that does now show up.

    My only concern is the time they will allow me to respond to the RFE. I hope it is the standard 6 weeks as stated in this faq http://immigrationroad.com/green-card/i-485_adjustment-status.php



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