ItIsNotFunny
10-15 04:52 PM
I understand this is not a valid thread to be in this forum. In past I have seen similar post(ex: "Is it a good time to buy house in India"), I would not have posted this today.
There is no personal comment here. This is forum, people get together and talk. At least on this forum, we need to just keep in mind that the energy and concentration should be on immigration issues. The other post you mention is also equally wrong. Somehow most of the time this is voluntary action and its our responsibility to maintain this. By the way, investopedia is one the best sites.
There is no personal comment here. This is forum, people get together and talk. At least on this forum, we need to just keep in mind that the energy and concentration should be on immigration issues. The other post you mention is also equally wrong. Somehow most of the time this is voluntary action and its our responsibility to maintain this. By the way, investopedia is one the best sites.
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Rae
07-21 12:54 PM
If you look at those two forms, one 325A has a space for "Date and Place of Termination of Marriage". Form 325 does not have a space for that. They apparently want that information so you should update your filing with the proper form.
Rae
Rae
Madhuri
04-09 11:30 AM
Thanks wellwishergc,
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?
Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.
-Madhuri
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axp817
02-03 07:14 PM
"The AC21" is just a letter stating that you have switched employers and have a new job in the same occupation, similar wage, etc. under the AC21 law, in no specific format.
My AC21 letter which was drafted by the attorney just states the above and is addressed to the USCIS on my behalf. I am the only person that has signed it, the only attorney reference on there is for sending any correspondence.
My AC21 letter which was drafted by the attorney just states the above and is addressed to the USCIS on my behalf. I am the only person that has signed it, the only attorney reference on there is for sending any correspondence.
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saketkapur
09-16 05:25 PM
done
CNN=Corrupt Naitivist Network
CNN=Corrupt Naitivist Network
paisa
07-04 03:42 PM
Gurus, need a lil help clarifying issue in GC process.
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
Your LC is approved for your location. If your location changes you need a LC for that location. This is what I had found out a few years back. Things might have changed since then. Other thing my friend told me about this. So I am not sure what the actual rule is. better to confirm from lawyer
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
Your LC is approved for your location. If your location changes you need a LC for that location. This is what I had found out a few years back. Things might have changed since then. Other thing my friend told me about this. So I am not sure what the actual rule is. better to confirm from lawyer
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kishdam
03-19 12:16 PM
I-140 withdrawal is not mandatory but it's good for both - employer and employee.
Not sure how withdrawing an approved I140 is good for the employee??
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
Not sure how withdrawing an approved I140 is good for the employee??
The general feeling is that I140 withdrawal is not necessary for the employer (but H1b is). But employers used to do this for labor substitution - now there is no such incentive. But still some lawyers suggest employers to do this - in my old company which is a large well known software company (with 10k+ employees worldwide) the HR group follows immigration attorneys almost blindly. All immigration issues are handled by a big law firm - many of regular immigration matters are done by paralegals who does not know much (I am not exaggerating when I say I know more than them) - but our HR has a policy that they would follow what those attorney/paralegal is saying. It seems the law firm is suggesting them to withdraw all applications including approved i140 - obviously the law firm would charge them for this so that is their interest.
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onemorecame
06-25 04:18 PM
They will process applications based on receipt date. But approval will happen only if your PD is current. That means if
CASE A with PD 2003
CASE B with PD 2005
CASE C with PD 2007
Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
then CASE A will be approved because A process is complete and PD is current
CASE B will be pending waiting to clear name check though the PD is current
Once name check done and PD is current this will approve.
CASE C will not be approved though processing is complete PD is not current
once PD become current CASE C will approve.
This is just example to explain how it works.
Thanks samrat_bhargava_vihari
for this nice example to clear the things
CASE A with PD 2003
CASE B with PD 2005
CASE C with PD 2007
Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
then CASE A will be approved because A process is complete and PD is current
CASE B will be pending waiting to clear name check though the PD is current
Once name check done and PD is current this will approve.
CASE C will not be approved though processing is complete PD is not current
once PD become current CASE C will approve.
This is just example to explain how it works.
Thanks samrat_bhargava_vihari
for this nice example to clear the things
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lazycis
09-29 09:50 AM
Hello Everyone,
Thank for all your help..My case have been pending over a year now of the due date......So can I file the Mandamus????
Yes, you can and you need to if you do not want to wait indefinitely. The federal courts routinely held that 2+ year delay in processing I-485 is unreasonable:
http://immigrationportal.com/attachment.php?attachmentid=16580&d=1182811320
http://www.immigrationportal.com/attachment.php?attachmentid=16062&d=1176397314
Thank for all your help..My case have been pending over a year now of the due date......So can I file the Mandamus????
Yes, you can and you need to if you do not want to wait indefinitely. The federal courts routinely held that 2+ year delay in processing I-485 is unreasonable:
http://immigrationportal.com/attachment.php?attachmentid=16580&d=1182811320
http://www.immigrationportal.com/attachment.php?attachmentid=16062&d=1176397314
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jonty_11
01-31 01:49 PM
I think we need to help ourselves, please contribute to IV and help yourselves.
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ssdtm
02-08 08:11 PM
NCR Region
Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
Project Manager (10-15yrs exp) - 10-20 lakhs
Above this level, the jobs are far and few, but some are
Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs
Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.
Information based on many well placed contacts at these levels.
Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
Project Manager (10-15yrs exp) - 10-20 lakhs
Above this level, the jobs are far and few, but some are
Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs
Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.
Information based on many well placed contacts at these levels.
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snathan
08-18 10:58 AM
Hello
Case details
--Lay off with Employer A happened in April and I was without a job for a couple of months
--I have a valid Visa with employer A until April 2010.
--Finally found a job as a consultant, employer B applied for my H1B.
--RFE has been answered with sufficient documents and awaiting a response.
Question
I read/hear that since there is a 2 month period with no paystubs, I might get an approval for I-797 but without I-94. In such a case what actions should be taken.
Please advice.
Thanks!
For respond for the RFE...if they are asking for paystub and if you are not able to provide the same, they will deny the H1B. In that case you need to leave the country. If they are giving without I-94. Need to go out of the country, get stamping and come back.
Case details
--Lay off with Employer A happened in April and I was without a job for a couple of months
--I have a valid Visa with employer A until April 2010.
--Finally found a job as a consultant, employer B applied for my H1B.
--RFE has been answered with sufficient documents and awaiting a response.
Question
I read/hear that since there is a 2 month period with no paystubs, I might get an approval for I-797 but without I-94. In such a case what actions should be taken.
Please advice.
Thanks!
For respond for the RFE...if they are asking for paystub and if you are not able to provide the same, they will deny the H1B. In that case you need to leave the country. If they are giving without I-94. Need to go out of the country, get stamping and come back.
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acecupid
07-16 06:24 PM
They have been talking about this lawsuit for a long time now. I wonder when they will actually file it. Though they claim that they will file it this week, I would trust them only when they actually do file the lawsuit.:D
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meridiani.planum
02-01 05:23 AM
thanks for the reply..this means having a dependent visa is the key at the time of approval..
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
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vnsriv
08-14 04:17 PM
Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
I am assuming the check was given by you. Check the returned check if it has correct dates, amount and duly signed. Also, check if you had sufficient amount in your bank a/c at that time. There's no need to give separate checks for each. The total is correct. Your lawyer did correct step. Did you get any update from USCIS on the new package(call them). All the best. Your wife's case will be 100% accepted.
Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
I am assuming the check was given by you. Check the returned check if it has correct dates, amount and duly signed. Also, check if you had sufficient amount in your bank a/c at that time. There's no need to give separate checks for each. The total is correct. Your lawyer did correct step. Did you get any update from USCIS on the new package(call them). All the best. Your wife's case will be 100% accepted.
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CRAZYMONK
01-11 10:21 AM
Hello,
wanted to know, what happens to employees of Vision Systems Group and its sister company's employees immigration status. as every one know VSGINC has allegations from USCIS on immigration fraud and H-1B.
Employees like me no where related to there fraud. how USCIS reacts on employees pending 485?. Most of the employees are moved out using AC21.
It all depends on the case to case. I know the company which is in the same situation. I heard bad stories that happened to their employees.
Which status you are in now?
wanted to know, what happens to employees of Vision Systems Group and its sister company's employees immigration status. as every one know VSGINC has allegations from USCIS on immigration fraud and H-1B.
Employees like me no where related to there fraud. how USCIS reacts on employees pending 485?. Most of the employees are moved out using AC21.
It all depends on the case to case. I know the company which is in the same situation. I heard bad stories that happened to their employees.
Which status you are in now?
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JDM
08-05 10:01 PM
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mps
05-13 01:09 AM
Well I was just thinking about it -
1) Can we form a labor union?
I think H1 worker has equal rights as any other native worker
2) Other idea is to form a Credit union with multiple goals -
a) Immigration reforms (funded by the Credit Union)
b) Providing financial services such as - credit cards, mortgage, car and home insurance, other personal loans etc.
c) Credit union will provide us financial strength at the same time attract others to join as they stand to gain all financial benefits from day 1, after landing in US of A.
just my thoughts ...
1) Can we form a labor union?
I think H1 worker has equal rights as any other native worker
2) Other idea is to form a Credit union with multiple goals -
a) Immigration reforms (funded by the Credit Union)
b) Providing financial services such as - credit cards, mortgage, car and home insurance, other personal loans etc.
c) Credit union will provide us financial strength at the same time attract others to join as they stand to gain all financial benefits from day 1, after landing in US of A.
just my thoughts ...
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snthampi
08-17 12:40 PM
I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.
As your current employer is not the direct client of your former emplyer, they may not have a good case to sue you. They will threaten you to get something out of the situation. So, don't hurry and consult an attorney or get more information from some educated source on this type of matters. By the way, don't tell him what you will do. Just find out what he is trying to do and act accordingly. If you tell him that you will complain to DOL, he will be prepared to face it. Good luck.
As your current employer is not the direct client of your former emplyer, they may not have a good case to sue you. They will threaten you to get something out of the situation. So, don't hurry and consult an attorney or get more information from some educated source on this type of matters. By the way, don't tell him what you will do. Just find out what he is trying to do and act accordingly. If you tell him that you will complain to DOL, he will be prepared to face it. Good luck.
Soul
05-27 05:27 PM
:P
Queen Josephine
May 23rd, 2005, 07:38 PM
Bob, Exmoor I'm saving for a vacation trip (considering it would take me a day to just get there!)
Now Red Rock, well, I can do that in a day! (Actually, I have been there before and I can tell you those rocks are enormous)
Now Red Rock, well, I can do that in a day! (Actually, I have been there before and I can tell you those rocks are enormous)
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