Friday, July 1, 2011

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  • tatyavinchu
    09-17 11:54 AM
    I am a july 07 filer with EB2 PD Oct 2005. I switched employers in early part of this year. My employer has been very erratic and not paying me salary for past 2 months because his money is not cleared from his client. I have found another contract but my employer wants to wait until his money is cleared before he can pay me and that can take longer than 6 months !!! (if his money is not cleared before)

    Under such circumstances I am jeopardising everything. I was wondering if I start working for my own company on a W2 with a same job profile same salary structure will USCIS consider this as something fraudulent or do they allow self employment under AC21 ? After I have my GC I plan to continue working for my own company. In that case what do I need to do from my side to make this happen ? I started my company in August 2008.




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  • nashim
    06-15 01:55 PM
    If your case was filed successfully then USCIS will send you receipt notice and biometrics appointment notice with in a week.




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  • gc_on_demand
    02-17 10:11 AM
    Thanks for sharing the info.

    Was it first h1 renewal (meaning 3rd year) or second h1 renewal (meaning 7th year).

    Did you do anything extra to avoid PIMS delay (like when you renewed your h1) did your employer keep another copy with a notice saying send to Kentucky CC

    How long was the gap between h1 renewal received and you going for stamping?

    It was first H1b ext. Company did not send second copy to Kentucky CC . On roadside window where VFS does preliminary check , vfs person put PIMS forbid in DS 156. Dont know what does it mean. also h1b renewal was in nov 2008 and I went for .stamping in feb 2009.

    One more thing VFS mumbai told me that they will not allow even US born child ( even new born ) if they are not applicant. Only applicant child ( those who are for h4 ) allowed inside. at delhi situation was totally different.




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  • OLDMONK
    07-18 11:39 AM
    Hi,

    I am a B.COM and AICWA. I have also completed CA-Inter. I have totally 12 years of experience out of which 7 years in IT and 5 years Non-IT. I am currently working as Program Manager. My Labour is approved. My company is trying to get a evaluation done.

    Would there be any issues when concurrently filing for I-140 and I-1485 with regard to the Education Evaluation.

    Make sure you use a detailed evaluation from a reputed evaluator. Do not provide generic evaluation as we do while applying fir H1B.

    Evaluation should specifically equate your B.Com degree to a 4 year US degree. + 5 years experience if you filed in EB2. (your labor should have a requirement of BS + 5 years progressive experience)

    If filed for EB3 the evaluation should equate your B.Com degree as to equivalent of a 4 year US degree.

    I am hoping that this is not a labor substitution case and you labor is YOURS and requirement is Bachelors in Business or Finance or Commerce.

    Since you did not post details of your labor, I am not sure people can help you much with specifics.

    some helpful pointers.

    Try not to club your experience to come up with education equivalency.

    If your labor is perm make sure you are already being paid what is on the labor approval.

    Try not to use your CA-Inter or AICWA. Keep it simple and straightforward.

    I am assuming there is no ability to pay issue and the company is green on its financials.



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  • vivek_k
    05-07 03:25 PM
    Thanks guys. I would appreciate to know if the nationally known attorneys like Rajiv Khanna, Murthy, Ron, Shustermann are actually worth the money they charge?




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  • satishku_2000
    06-04 08:26 PM
    I got the same kind of RFE , but the wage paid to me is much more than the proferred wage all along . But USCIS wants my company to prove that they have the ability to pay all the pending 140s .. Do you guys think I am Safe?



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  • sdckkbc
    02-04 12:23 AM
    LONGGCQUE,

    I have filled the form today. Can you plz tell me what exactly is the verbiage of the question and which section of the form it is in?




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  • ebizash
    02-17 11:15 AM
    we were given special treatment because of our US citizen children. No waiting in line and even no qu from VO once he came to know about children

    Actually I think that special treatment may be for all H1-b renewals. When we went for our stamping 3 years ago at Delhi, at the outside window they stamped our passport with "green" sticker or something like that and when we entered the hall at the FP window, they said you don't need to stand in line and we were taken directly to AO. We did not have children and it was my 2nd H1 renewal stamping and my wife's first H4 renewal stamping.



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  • nousername
    01-29 08:52 PM
    Would you mind not creating multiple threads for the same issue? You started a thread at 3:03PM.. Here is the link http://immigrationvoice.org/forum/showthread.php?t=23395


    Hi

    I came to us on H4 in 2007 and the got my H1B in 2008. I am not getting a job on H1 yet so i want to know that till when the H1B be valid as I am not genarating any salery and my consultant is not running my pay roll ?

    And if the H1 goes dorment then what can be done next?




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  • gimme Green!!
    07-06 02:56 PM
    Admin - please close / delete this thread.
    There is another one on the same topic.



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  • Alabaman
    10-06 08:38 AM
    This belongs to News Article Thread




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  • eb3_nepa
    05-28 11:20 AM
    If you are actually using the EAD you cannot work in the interim though. Just an FYI



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  • immigal
    08-13 06:26 PM
    Called USCIS.
    Current Immigration status will be same as what u entered US on. SO H1B for me..

    Hope this helps more people trying to find this answer.




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  • jvs
    06-18 06:50 PM
    Regarding "how soon can you go for stamping"

    Depends on the consulate. Mumbai consulate allows you to go for stamping 90 days prior to start of your extension. In your case if your extension starts on 1st October 2010, you can go for stamping as early as 5th July 2010. Since you are expecting to receive the extension by August you can go for stamping as soon as you receive it.

    I would recommend dropping a mail to VFS and asking this question for the consulate you are interested in.



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  • STK
    02-08 02:01 AM
    I've received my EAD+AP and I 485 (filed, priority date Nov 05) through my husband's GC process. I currently work on H1B (3 yrs remaining on my H1B). One week ago got laid off and working with same company till end of month. While looking for new job I'm unable to decided whether to maintain my H1-B status or switch to EAD.
    1) If I switch to EAD and husband has problems in I485 approval, can I switch back to H1B for remaining time or do I fall under H1 cap and start from beginning.
    2) Should I transfer to H4 before leaving job and then look for new job with EAD to save remainder of time on H1B which I can use if something goes wrong with EAD.
    3) Would it be safer to get H1B transfer to new employer and forget EAD till husbands I-485 gets approved.
    4) If I get a job on EAD, do I've to file something with INS to let them know that Im not working on H1B. If getting back on H1B from EAD, do I file regular H1B application through employer or process is different if you get back from EAD to H1.
    Please help!!!!!! lay off from work is enough stress. I thought EAD would make life easier but more options means more confusion:confused:




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  • martinvisalaw
    06-07 02:37 PM
    I'm confused. I thought you said there was an RFE in your first post?



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  • yabadaba
    06-30 02:41 PM
    Guys,

    since many of us are experts in analyzing data, leets start coming up with qualifiable impacts that can help people respond quickly to ALIF's potential lawsuit




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  • immi2006
    07-02 08:55 AM
    If you know sources from well known place pls quote.

    No need to create rumor and panic. Sorry - no offence intended.

    We are all stressed out as it is.. let us wait for official note on this.

    I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:




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  • md2003
    10-24 10:39 AM
    I am planning to file Labor in EB2. My Attorney sent job requirement which needs Master's + 1 year experience. But my current salary is almost 20k less than prevailing wage (level 4) for senior software engineer. But currently my salary equivalent to wage level 2.

    I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .

    I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?

    Any suggestions on this.

    Thx




    90210
    07-19 11:30 AM
    So, you are saying change the same format so that it is addressed to me. Is that it?

    Use the format suggested by Solaris. I also got in the same format. Please fill in your company details.




    zCool
    04-02 01:47 PM
    Nothing written in stone but from anecdotal evidence.. NO
    They process 485s according to RD.
    Approval only comes after PD is current though



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