NKR
08-21 02:29 PM
Dude, what is your hidden agenda?. If you do not have any, then you got to make up your mind, you seem to get different thoughts every day. First was the lawsuit, second was a different lawsuit, now you say that something else suits you�
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waitin_toolong
11-04 09:36 AM
do a google search on this term you will find more resources
milind70
08-28 10:13 AM
is it not required for the beneficiary to sign the approved labor before attaching it to the I140 petition ?
i dont think so, i never signed anything while filing for 140 ,my attorney took care of everything, i did not sign even the G 28 Form. I filed i 140 in March 2007 got approval in April /may 2007.
At 485 stage i only signed G 28 form as i was filing thru an attorney.File 485 in July 2007.
Relax chill, i think you are fine.
i dont think so, i never signed anything while filing for 140 ,my attorney took care of everything, i did not sign even the G 28 Form. I filed i 140 in March 2007 got approval in April /may 2007.
At 485 stage i only signed G 28 form as i was filing thru an attorney.File 485 in July 2007.
Relax chill, i think you are fine.
2011 Year 2008. Model: Honda Cr-V
bestofall
09-16 03:29 PM
I will be travelling to India for 3 week trip and will be coming back on Oct 12 ( My current AP expires on Oct 30 2008).
Since H1B visa stamp already expired on my passport , I would like to use my AP while reentry on Oct 12 at the port of entry .
Even though I have approved H1 B documents , expires on March 25 2009. But Iam not planning for HIB stamping due to my short trip
I have not used my EAD And I want continue be on H1 B status by applying extension of H1 B as soon as my arrival .
do you see and problem with this plan of REINSTATE MY HIB status by extension , since I would like to be on HIB status till I get my green card
My atty say go fo H1 stamping as H1 extention (REINSTATE MY HIB may need extenstive processing and apply status change from AOS to H1B visa
Iam with same employer for 6 years and continue with them till I have card in hand :)
whay do you guys advise
Please advise !
Since H1B visa stamp already expired on my passport , I would like to use my AP while reentry on Oct 12 at the port of entry .
Even though I have approved H1 B documents , expires on March 25 2009. But Iam not planning for HIB stamping due to my short trip
I have not used my EAD And I want continue be on H1 B status by applying extension of H1 B as soon as my arrival .
do you see and problem with this plan of REINSTATE MY HIB status by extension , since I would like to be on HIB status till I get my green card
My atty say go fo H1 stamping as H1 extention (REINSTATE MY HIB may need extenstive processing and apply status change from AOS to H1B visa
Iam with same employer for 6 years and continue with them till I have card in hand :)
whay do you guys advise
Please advise !
more...
Suva
03-03 01:53 PM
Thanks...
adjusted Gross Income:)
adjusted Gross Income:)
ramesh10
06-15 09:39 PM
Thanks Franklin
I will contact my lawyer on this
I will contact my lawyer on this
more...
nortam1
09-15 02:04 PM
Can't see them. Already refreshed and deleted cookies.
Anyway, can anyone tell me what's the processing date for EAD I485 based at NSC?
Anyway, can anyone tell me what's the processing date for EAD I485 based at NSC?
2010 honda crv 2011 model. 2008
vandanaverdia
09-09 02:09 PM
We have very little time on our hands. This is calling all WASHINGTONIANS. Lets do something & make a difference!
more...
mermaid2084
11-21 05:51 PM
Please let me know the way to contact USCIS. Phone number or mail id. I tried contacting them through the 1800 number but it is an automated system, there is no human to talk to.
hair Year 2008. Model: Honda CR-V
veni001
05-12 04:27 PM
His position requires Masters Degree
As long as the employer can start new labor and provide sufficient evidence that his current position is different from original Eb3 labor and require masters, cannot find a qualified&willing US Citizen or Green card holder to work in the position, and pay all expenses related to the new process, he can give a shot!
As long as the employer can start new labor and provide sufficient evidence that his current position is different from original Eb3 labor and require masters, cannot find a qualified&willing US Citizen or Green card holder to work in the position, and pay all expenses related to the new process, he can give a shot!
more...
crazydesi
09-03 07:39 PM
# 8/29/2008 AILA Liaison Seeks Examples of Adjustment Cases Pending Security Checks (. 27 KB) AILA is collecting information in an effort to work with USCIS to identify adjustment of status applications that may be approvable as of October 1, 2008, when new visa numbers become available. The focus of this effort is those adjustment of status cases, which are approvable under the February 4, 2008, security check memo by Michael Aytes. AILA Doc. No. 08082968.
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140jibjab
12-11 06:41 PM
Hi,
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Sorry to hear that, But any way here is an attempt to answer ur question.
If you are a resident of any state in the US for 6 months, You can apply for divorce in the state you are leaving in.
The Divorce decree will have the clause saying "The divorce is obtained , the pantiff or the respondent will not be allowed to go to another court to challenge the divorce". -- So it will be Valid divorce from US perspective, and you can produce this document for all immigration purpose.
Indian Law accepts the Divorce Decree obtained in the USA.You can produce the divorce decree to take posession of properties/Lockers/Stocks/bank accounts as agreed in the Divorce settlement.
If you do not get a "mutual agreed upon"/Settlement Divorce. Then The other partner is eligible to apply/challenge the divorce in India.
Indian Law states as follows:
The Divorce can be challenged in the Indian court if the divorce is obtained
1. In another country with out the knowledge one of the parties.
2. In another country if one of the parties was threatened.
Take care and all the best.
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Sorry to hear that, But any way here is an attempt to answer ur question.
If you are a resident of any state in the US for 6 months, You can apply for divorce in the state you are leaving in.
The Divorce decree will have the clause saying "The divorce is obtained , the pantiff or the respondent will not be allowed to go to another court to challenge the divorce". -- So it will be Valid divorce from US perspective, and you can produce this document for all immigration purpose.
Indian Law accepts the Divorce Decree obtained in the USA.You can produce the divorce decree to take posession of properties/Lockers/Stocks/bank accounts as agreed in the Divorce settlement.
If you do not get a "mutual agreed upon"/Settlement Divorce. Then The other partner is eligible to apply/challenge the divorce in India.
Indian Law states as follows:
The Divorce can be challenged in the Indian court if the divorce is obtained
1. In another country with out the knowledge one of the parties.
2. In another country if one of the parties was threatened.
Take care and all the best.
more...
house 2008 Honda CR-V EX Sport
GC_Aspirant101
09-28 05:23 PM
i am in the same boat. receipt notice says Jul5 25 .. online september 15 ( I guess it is notice date)
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Kapils573
10-17 05:28 PM
My application was filed on 19th July .However I have not received my receipts yet. Has your friend contacted the USCIS and inquired since 90 days are over?
Thanks,
Kapil
Thanks,
Kapil
more...
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h4hopeful
05-30 06:51 PM
the reason she was denied is because she is young
SHe is young and already has a family of her own? Are you sure that was the reason for denial? How many members besides her and her husband did you try to sponsor?
SHe is young and already has a family of her own? Are you sure that was the reason for denial? How many members besides her and her husband did you try to sponsor?
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desi3933
07-31 04:11 PM
....
....
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
......
......
Thanks.
1. Submit degree evaluation again, if not submitted with I-140 application. BS+MCA qualifies for eb2, but it also depends on the wording in labor job requirement.
2. The job offer letter should mention 65k salary. Current salary 55k is ok, but it puts a very good question - if employer wants to pay you 65k after GC why are they paying 55k now? Before you say it, I know that GC is for a future job but getting less salary before gc approval makes employer less credible.
The question is - why 55k now and 65k when I-485 is approved? Are these 2 jobs different? If so, how and justify. The answer is not that simple.
Good Luck.
________________________
Not a legal advice.
US Permanent Resident since 2002
....
Do I qualify for EB2?? Plz let me know.
RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.
In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.
......
......
Thanks.
1. Submit degree evaluation again, if not submitted with I-140 application. BS+MCA qualifies for eb2, but it also depends on the wording in labor job requirement.
2. The job offer letter should mention 65k salary. Current salary 55k is ok, but it puts a very good question - if employer wants to pay you 65k after GC why are they paying 55k now? Before you say it, I know that GC is for a future job but getting less salary before gc approval makes employer less credible.
The question is - why 55k now and 65k when I-485 is approved? Are these 2 jobs different? If so, how and justify. The answer is not that simple.
Good Luck.
________________________
Not a legal advice.
US Permanent Resident since 2002
more...
makeup 2008 Honda CR-V EX
h1bnogc
07-10 11:36 AM
Hi Ann:
I would like to ask related questions in this thread..
what if person does not get H1 extension approved because of this new employee-employer relationship memo, Can I stay in US on other visa (F2/F1) after H1 extension denial until my priority date become current? Do you see any problem in this option?
Well if it is not OK, Go back to India, then apply for AOS once priority date become current. Is this option will work?
Many many thanks for your response...
I would like to ask related questions in this thread..
what if person does not get H1 extension approved because of this new employee-employer relationship memo, Can I stay in US on other visa (F2/F1) after H1 extension denial until my priority date become current? Do you see any problem in this option?
Well if it is not OK, Go back to India, then apply for AOS once priority date become current. Is this option will work?
Many many thanks for your response...
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krishmunn
03-04 12:24 PM
I had a similar situation but there are no client site involved (in my case my office itself moved to a new location , albeit in the same Metro).
I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)
*******
655.715 Definitions.
Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;
***
20 CFR 655.734 (a) (2)
(2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.
(b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.
****
Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),
1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .
2) When one move to a different Metro (or out of commutable area), a new LCA is required.
It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.
Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.
I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)
*******
655.715 Definitions.
Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;
***
20 CFR 655.734 (a) (2)
(2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.
(b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.
****
Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),
1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .
2) When one move to a different Metro (or out of commutable area), a new LCA is required.
It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.
Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.
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Lasantha
06-15 12:59 AM
Gurus,
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
As far as I know, you don't need anything from your employer to file EAD and AP. You do need a letter from them to file your I-485 but not for EAD and AP. So after they file your I-485 and get your file number you should be able to file it yourself.
My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?
As always, appreciate all your help :)
As far as I know, you don't need anything from your employer to file EAD and AP. You do need a letter from them to file your I-485 but not for EAD and AP. So after they file your I-485 and get your file number you should be able to file it yourself.
coopheal
02-10 02:15 PM
5 Years should be fine.
The best would be something like " As soon as some one paid a net $50000 as federal taxes over the years" can get the GC.
Or
As soon some one pays the federal tax for half a million dollars will be eligible for GC.
With a minimum of 5 years of stay in the US and on any employment visa.
All this employer sponsorship, labor, 140, 485 are BS.
This is how it is all over Europe.
In your sim city you can make these rule. However for the real world support IV initiatives for the best results.
The best would be something like " As soon as some one paid a net $50000 as federal taxes over the years" can get the GC.
Or
As soon some one pays the federal tax for half a million dollars will be eligible for GC.
With a minimum of 5 years of stay in the US and on any employment visa.
All this employer sponsorship, labor, 140, 485 are BS.
This is how it is all over Europe.
In your sim city you can make these rule. However for the real world support IV initiatives for the best results.
pscdk
08-30 08:06 PM
Congratulations babu...good luck!
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