Friday, June 10, 2011

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  • Prashanthi
    05-08 02:27 PM
    Go ahead and do it, that will not effect your present I-140 and I-485.

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  • chanduv23
    09-12 11:34 AM
    I guess USCIS will use soon for verification of address.

    There is a lot of negativity about H1b - immigrants etc... on the internet by hate groups and also there is a tendency that negative news is a influencing factor. This is the cause of concern.

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  • trump_gc
    07-05 03:21 PM
    There is a clause saying that you need to be in status for last 180 days since your last entry to US. And since u are in good status for past 180 days u r good. Consult a lawyer on this as well, but I think u may eb fine

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    07-20 02:47 PM
    ofcourse you can renew your H1B using your pending I485 and you should get 3 years extension. There should not be any problem.

    I don't think your revoked I140 will pose any problems as your MTR is accepted.

    Filing your H1b and what documents to be included will be taken care by your attorney.

    I think you should be OK. Any way all the best


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  • zoozee
    08-15 01:57 AM
    Greencard fever -why take so much pain with your gc when you plan to rellocate to india/currently its even hard to predict when can one receive the gc. One can always visit US on tourist visa which is the most easy part. My opinion is only if one does not want to settle in US -

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  • LostInGCProcess
    03-16 02:46 PM
    You don't need to buy insurance. The State governments offer free insurance to people who need it. Atleast your family members would qualify for it.

    Well! I never tried that one. I heard its only for people who earned below certain amount. Not everyone would qualify, i guess.


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  • senthil1
    06-30 10:46 AM
    Why do you want labor substituion at this time when they are discontinuing for fraud? Are you working same company or joining the company for just labor substitution?
    If you are waiting for long time for Gc then you can take risk. But if you are in US just for 1 or 2 years you have lot of time to get GC. If you are getting the labor in same company you are working now probably ok. But if you have too many uncertanities then it is better not to use it.

    Thanks all. I think the labor only says BS + min 3 years experience in related field. What are the chances that if I proceed on Monday, I will get an RFE on this? And would there be anyway I could respond to that RFE successfully?

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  • sts_seeker
    02-07 01:11 PM
    you are the kinda guy who is screwing up everyone by filing unnecessary labors, too many I140 and clogging the system for genuine people. Shame on you.


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  • ImmigrationAnswerMan
    06-30 03:06 PM
    Wish Good:

    Did you or your attorney file a Motion to Reopen the USCIS denial? If not, then it looks like USCIS decided to reopen the denial on their own motion. Of course there is also the possibility that it is a mistake in the case status. Your local USCIS office might be able to tell you more with an Infopass appointment, but if the file is pending at one of the Service Centers they might not be able to tell you more. It will depend on what the officer put in the USCIS computer system. Without more information that is the most I can tell you.

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  • prem_goel
    06-07 02:45 AM
    I think it's not wise to leave. I tried googling for h-1b transfer & leaving the country but didn't get much info. I think if a transfer is pending with USCIS then you shouldn't leave the country as it may be considered as abandonment of the application.

    i would advice to get it done under premium processing. i am not sure when the i-94 records are updated but if USCIS sees that you left India while the transfer is pending, they might issue you I-797 but with instructions to get it stamped at a consulate in India.

    just my thoughts..better try googling or ask some lawyer.


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  • chi_shark
    10-06 05:23 PM
    i am going to do almost exactly what you are thinking in a matter of few days. i spoke to two lawyers. essentially, ac21 allows this and there is nothing that you have to really do. Of course, i am assuming that you are moving into a job that has the similar job duties as specified in your labor application. what you need to do is make 100% sure that you have documentation to prove this job duties similarity. if you are going to get an SOW from your client, make sure that the SOW is similar to your labor. if you can, do get a letter from your client (where you will do your actual work) stating your job responsibilities, work content etc. you will also need to document/prove actual existence of your business by showing your tax transactions, invoices/receipts etc. also, make sure that you are spending 40 hours (or whatever is the equivalent of a full time job) doing your labor certified job... all this will be required only if USCIS sends you an RFE or calls you for an interview.

    wish you luck

    I am working for a Fortune 500 company on H1 visa. I am switching to a startup and will now be using my EAD( GC status: I-485 with more than 180 days). I have the following questions.
    1. Can I join as an individual contractor by myself directly with the company without going thru a 3rd party vendor?
    2. I am offered a temporary contract position at an hourly rate every 15 days without deducting any taxes. I will have to pay my taxes at the end of the year by myself using the form sent by the employer. Does anyone have any such experience?
    3. What formalities do I need to complete with the USCIS regarding this change in my status? Will it affect my green card process in any way?

    I will really appreciate your help.
    Thanks for the support.

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  • franklin
    07-17 10:28 AM
    Welcome to the board folks.

    I can't believe our membership numbers either! Please do help to contribute - everything helps!


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  • qasleuth
    05-06 12:51 AM
    My employer needs to pay me back wages for 3 months from Dec-2008 to Feb-2009. I travelled to India in March and informed the employer about the same after reaching India. Now the employer have filed a civil case against me for contract dispute. Can I file a complaint against my employer in Department of Labor, to get back the pending wages till March from outside the country?

    Please help, as we are in a difficult financial situation and I cannot pay the employer the amount he demands for contract dispute, if the court rules against me, unless he pays me my pendng wages.

    As per your post, your employer did not pay you for 3 months and yet he filed a case for breaking a contract. What contract does he say you have broken ?

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  • dtekkedil
    07-02 11:50 PM
    The Honorable Emilio T. Gonzalez
    Director U.S. Citizenship and Immigration Service

    20 Massachusetts Avenue, NW
    Washington, D.C. 20529


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  • jediknight
    02-08 07:02 PM
    We need to work with everyone and fix the legal immigration mess.

    Once that is fixed, there would be no reason for people to break the immigration law. That problem will automatically go away.

    "What line?" is a good question to ask all the anti-immigration groups. I hate it when they have names like "Americans for Legal Immigration." They should publish a list of their accomplishments for legal immigrants :-)

    - JZ

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  • gsc999
    09-14 02:54 AM
    Can you guys think of an Immigration Voice jingle. A tune that is catchy.
    IV members who have an eye for lyrics and music lets see what you got.

    Let me try:
    "Immigration Voice, Immigration Voice, Immigration Voice Rocks!

    When dark clouds of labor backlog envelops my domain
    Immigration Voice is one sure place that can help my spirits regain

    Lot of questions and a long wait for my green card
    Immigration Voice is where I get sage advise from the bard

    Waiting in vain for the FBI name check, years wasted in pain and my career is a ship wreck.
    In the dark storm, one shining light, like minded people who share my plight

    One day I will wake up from this nightmare,
    I am sure of the success, I sometimes wonder why don't the lawmakers give this cause the care

    One day soon, I will become a proud story,
    One more American dream, till then Immigration Voice makes me forget my worry

    I feared that I just couldn't cope, but wait, I listen to the voice of encouragement,
    Silver lining on a dark cloud, one single ray of hope

    Immigration Voice, Immigration Voice, Immigration Voice Rocks!
    Please improve



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  • pt326bc
    09-28 09:03 AM
    It is possible that the employer may sue you. But since you would be finding a new job, you can always ask your new employer to give you a sign-on bonus which will be equal to or greater than the expenses demanded by your present employer.

    Thats my 2 cents worth.
    You say your employer is paying you very little. Is it the same as what is mentioned in Labor Cert or your H1 petition?
    If that is the case you could actually contact DOL/USCIS and report him for fraud. This also involved some risk on your part if your current pay is less than what is mentioned on H1 petition.
    Alternatively if you get better pay with your new employer then you could use that to pay your current employer (wouldn't be more than $5000 if you are paying him the going rate for GC). Would be a lot less hassle that way.
    Anyway most people pay for their green card procesing out of their own pocket. So don't think of the employer paying your GC as free lunch :)

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  • ssdtm
    05-07 08:06 PM
    If your original 140, on the basis of which you filed 485, gets revoked you are in trouble. You may get denial notice that you will have to contest. Needless to say, you have a good ground if you can prove it that job change was in synch with norms / rules laid out in AC21.

    But if you are sure that your original employer is not going to revoke 140, you are better off not to inform.

    ......this is based on consultation from top lawyers.

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  • leoindiano
    09-06 03:27 PM

    you hit the nail on its head.

    USCIS online processing for EAD and AP is delayed by 2 to 3 months compared to paper filing. Online filing was to make it transparent, expedite the process. It is working exactly opposite.

    January 1st, 2005, 09:54 AM
    The alien bees are nice, and you can a good setup and not spend $2,000....... I got 2 bees, stands, wired remotes, hard side travel case, umbrellas and a softbox for less than $1,000.

    02-24 12:53 PM
    Its probably a good thing that LCA laws are being enforced. If a person hasn't gone on the bench and has a valid LCA, I don't think that person would be affected by this.

    Consulting companies who adjust with the times and work to comply with the enforcement might come out of this stronger when the recession ends.

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