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  • davidk
    02-16 08:41 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

    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





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  • mambarg
    08-03 04:42 PM
    Transferring an Adjustment of Status Application from One Underlying Eligibility Basis to Another





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  • Ann Ruben
    07-31 10:20 PM
    In order to be eligible for EB-2 classification you must have the equivalent of a US Master's Degree AND a US Master's Degree or its equivalent must be the minimum requirement for the position that is the subject of the I-140 Immigrant Visa Petition.

    In other words, even if your education equates to a US Master's degree, you will not qualify for EB2 classification unless the empolyer can show that the job duties of the position could not be successfully performed by anyone not possessing at least a Master's degree or its equivalent.





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  • newbie2020
    03-27 11:27 AM
    H1 Approval notice of spouse/DS156/157 HDFC bank receipt and interview confirmation



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  • meridiani.planum
    09-07 03:39 PM
    Thank you very much for your reply. Just wanted to know what is "LPR"?

    LPR = "Lawful Permanent Residence" = green card holder.
    the whole reason we are in this multi-year circus!





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  • maddipati1
    09-06 01:55 AM
    good ide ras. change the title to start with 'Request to IV Core:' and add D.C. next to Washington.

    These Telugu Assn guys can really mobilize lots of people from DC, Virginia area.

    Pl. Send PMs to IV core members: WaldenPond, Pappu, Logiclife, Paskal etc..



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  • hpandey
    06-23 01:29 PM
    If after joining the H1b employer he has travelled out of the country, got the H1 stamping done and then returned to US then he is ok. It is the last admittance that counts . He should be maintaining his status legally since his last entry in US which is more important. Nothing to worry about.





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  • gccovet
    11-03 08:03 AM
    Hello,
    Here's my situation. I have an approved I-140 (EB2), my I-485 has been pending for more than an year. Due to recent lay-offs, I will have to change my employer through an H-1B transfer. My wife was on H-4. However, just this year she got an H-1B approval with consular processing since when we applied for her H-1b this year, she was not in US.

    Now 2 weeks back, her employer applied for her COS through regular processing. I assume this takes about 3-4 months.

    My question is - now that I am doing my H-1B transfer to another employer, do I have to worry about my wife's H-4 extension as well, or just leave that as it is, as her application for COS to H-1B is pending with USCIS.

    Please advise.
    Thanks


    In my opinion, leave it as it is.

    also, please spend few minutes to send out 4 letters in support of fight against cases using AC21 and getting denials without any reasons. You might very well fall in this if you plan/have to use your EAD.


    check out http://immigrationvoice.org/forum/showthread.php?t=22182

    Thank you for your support.

    GCCovet.



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  • abhaykul
    06-19 02:35 PM
    I applaud IV's core member's achievement so far. I have been participating from Sunjoshi's S1932 thread to ISNAmerica.org and finally was happy when I saw IV progressing.As busy professionals what IV's core member's have achieved is commendable.

    Looking back @ S1932 and this comprehensive Immigration reform bill. I strongly feel that we should concentrate on backing a bill meant only for legal Immigration. Anti Illegal immigration forces, make no mistake are all anti legal Immigration too. So these folks make lot of noice and have found means like budget reconciliation and amnesty to block our reforms. Majority of Americans and the lawmakers are pro-Legal Immigration (We have seen this when Senator Byrd amendment was voted out when the senate was discussing S1932).It does not mean we should not take any part in Comprehensive Immigration reform or similar bills. In fact we should all still send faxes call lawmakers and be vocal as much as we can but the main
    aim has to be a bill dealing with legal Immigration only. One Other point I would like to put forth is we should Initiate a "for Legal Immigration only" bill in the house first so will not be jubilant when it passes in senate and then go in depression when it fails in committee or the house. If Dem's come to power in the house the scenario is going to be very different after the November elections but for now this is all we can do for the few days remaining before the election.





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  • WAIT_FOR_EVER_GC
    08-18 10:47 AM
    WHom Should one call? What number.. I do not get any rep to speak to when I call USCIS



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  • amengiv
    01-12 02:24 PM
    Hello everyone,

    I was scheduled to go to an I485 interview(PD: March 2006) at the end of this month.

    Here is my situtation, my H1B was expired at 08/15/09 and I renewed my expired EAD(expired in January, 2009) on 07/30/2009. However my previous employee laid me off on 08/31/09. Before I got my new EAD on 11/18/09 and started my new job on 11/23/09, there was a period of time(from 09/01/09 to 11/22/09) that I was umemployed without a valid H1B or EAD.

    Is that a big deal when I go to the interview? If it is, does anyone want to provide any advice?

    Thanks a lot in advance!
    Andrew





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  • roseball
    07-26 04:00 PM
    Hello Friends

    My EB2 petition was filed in TSC in June 2009 and on July 20 2009 I received an email saying that " my approval notice was sent".Today the status changed to " Document mailed ON juLY 24 2009 " and also my previous eb1a denial in Feb 2009 got a soft LUD.

    I am totally confused by this . Can some one offer their opinion on this strange development ?

    Appreciate your help in advance

    What petition is this, I-140 or I-485?



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  • ragz4u
    03-28 09:45 AM
    Please post your responses here

    http://immigrationvoice.org/forum/showthread.php?t=407





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  • viveksri
    06-19 12:46 PM
    p7810456, makemygc ,

    I really don�t know which letter/word in the title of thread makes you think about �VISA BULLETIN�. Moreover USCIS is not the one that issue Monthly Visa Bulletin.

    Anyway I have changed the title.

    Thanks,



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  • Circus123
    10-27 09:07 AM
    For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?

    The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)

    Thanks for the insightful info...





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  • pappu
    09-25 07:23 PM
    Can somebody can suggest me a good immigration laywer?
    Thanks
    i suggest not restricting to NYC lawyers. Lawyers can take up cases anywhere in US. If you need a recommendation you can send a PM.



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  • anurakt
    11-13 02:07 PM
    WaldenPond,

    Thanks for all the efforts you have made for us. Just contributed 200$ , please ask others to contribute too. Together we all need to give that one last giant push......

    Friends ,
    I appeal to all of you, this is the best time to start enegizign ourself and contribute for the cause.... I have done my second contrbution ...let's do it..





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  • testsite
    11-03 05:52 PM
    thanks for the answers! To clarify, yes I do have my notice. It's for a different location and time though. I've moved and just don't want to travel that far.

    So if I just bring my notice and passport (and finger) to the Boston office, they'll let me do the fingerprint? Is it possible to be denied for these walk-ins? Boston isn't too busy on Friday mornings/afternoons, is it?





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  • krishmunn
    05-03 02:29 PM
    You probably still have enough time if you go for PRemium Processing. LCA will take around a week and Premium H1 will take another 2 weeks .





    chinna2003
    05-15 09:27 AM
    My EB1 is not a very strong case as it is, so we are relying on the EB3 petition. I will definitely correct my profile as suggested.
    No disrespect intended, I still am not sure after reading your post whether one can take a employer sanctioned long leave of absence for a genuine reason in this case( child care).





    jcrajput
    10-03 08:49 AM
    I am starting new thread for people who are re-filing their applications (I-485) because they were rejected for any reasons.

    Please list following:

    1. Rejection notice date (RND)
    2. Reejction reason(s)
    3. Whose fault
    4. Status of re-filing
    5. Date of package recevied at service center (date, time, received by, service center)
    6. Status
    7. Waiting for action from

    I-485 Rejected/RND:09-21/I-140 Not Found/USCIS error/Re-file date:TBD/Recevied By: TBD/Status:PENDING/Waiting for: Lawyer to re-submit.



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