Monday, June 13, 2011

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  • vin13
    09-30 12:50 PM
    I did have a LUD on 09/05 and 09/08 and then RFE was issued. Responded to the RFE on 09/22 . LUD on 09/22, 09/23 ,09/29 and 09/30.
    EB2 India Mar 2005 NSC
    There were atleast 7-8 cases from NSC on this board who received RFE's.

    Can you please tell us what the RFE was about....Did you use AC21.

    Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.




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  • mpadapa
    10-09 01:32 PM
    IMHO.. Its better to resolve the out-of-status issues before U file for 485. Please consult a good attorney.

    If things are cleared out, its a smooth sailing for U since U are from EB2 ROW. Since U are planning to marry, its better to marry and then file for 485. U donno sometimes USCIS goes into an approval frenzy, U might get U'r GC approved soon and thus U'r wife might have to wait for yrs to get GC. If U'r wife comes to US before U'r GC approval, its a different story as explained by glus.




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  • GCBy3000
    11-09 02:44 PM
    I moved from location A to location B within the same state with same employer. My legal consulting with company attorney is as below.

    1. Yes, you can move to different location. But you have to move back to the original location once you get GC. How long you have to work at the original location is a grey area. My attorney said anywhere between 6months to one year will do.

    2. If your employer is not willing to relocate you to the original location, you HAVE TO start your LC process again in the new location. Even before my labor approved from location A, I moved to location B. Since my company is good, they agreed to file 140 for location A just for me to keep the PD. Now my location B 140 is filed.

    3. With the new perm process, there is no provision to state that a employee will work in multiple location. This is what I have heard from my attorney.

    4. When I asked him what will happen if I dont move back to location A and continue working in location B, he said I will get into trouble when I to for interview for my citizenship. Until then, it should be fine. Only case it will be a probelm when a query is put to the employer and he does not backs you up. Of couse, no one should lie and I dont want my employer to lie for me.

    Thanks folks for all the replies. I got to know finally that the employer can setup the LC to provide for any relocation. It looks like my employer usually does that so that the employees does not loose out in a relocation scenario.

    Thanks for all the inputs




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  • GCard_Dream
    07-13 04:42 PM
    That means you have no reputation at all :D :D :D .. kidding.

    I think all that means is that no one has given you any reputation point yet.

    Wow!. I did not realise that. I an unknown quantity. What does that mean?



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  • mundada
    07-12 09:50 AM
    This definitely is related to CIR!




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  • msingh
    06-12 09:06 AM
    Hi,

    While in the process of filing for labor certification my company has found 2 suitable citizens who are eligible for the job.

    Now what are my options going forward and how does this affect my chances of a successful PERM filing ??

    I'm filing in EB3 category right now. Also I need to file for labor before oct since my H1 will expire its original 6 year length next Oct (Oct 2010).



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  • SR2610
    04-12 04:18 PM
    There are some good and bad things.. If labor substitution is gone, less chances of fraud, most of backlogged labors go waste, which obviously reduces the retorgression. bad thing is 45 days rule, DOL itself cannot make out where the hell is the labor application, when they approved it and when they mailed it, how can they say that you need to apply for 140 with in 45 days :mad:

    -SR




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  • eb3_2004
    11-09 12:57 PM
    I finished this survey!!!



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  • nat23
    11-21 08:49 AM
    Email sent.....




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  • srikanthmavurapu
    08-16 03:53 PM
    Srikanth,

    It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.

    Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.

    So don't worry.

    Thanks for the advice. I also told him that i will complain to DOL and USCIS but no response from him he asked for compensation but i didn't agreed on it . Now, I am in process of complaining to DOL and they are saying that the case is in court so now i am searching for a lawyer in virginia.
    Thanks,
    Srikanth



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  • Leo07
    02-09 10:24 AM
    When the H1B is for 3 years, having you sign the contract for for 4 years is a quite stretch. I have signed such contracts before, it's usually not more than 6 months to 1 year (max). Please consult a able attorney, you are likely to have a valid case and make some money too:)




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  • prom2
    10-02 09:07 PM
    So ND definitely matters. Check your position in queue using ND. Not RD.

    So in my opinion with current situation PD matters in the end. Luck matters first. :(

    I am agree with you.



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  • Appu
    04-17 06:13 PM
    This is no big deal. This has nothing to do with H1B's - its about CIR and minimum wage. Remember that Sen Kennedy is 100% behind the SJC and the Hagel-Martinez bills. Here's the email with additional details - I didn't post this before because it is somewhat partisan and attacks republicans.

    Dear [Appu],

    As you may have seen and heard in news reports, Senator Kennedy has been at the forefront of immigration reform. He's built a bipartisan coalition around a tough but fair approach to repairing our broken immigration system.

    On Monday hundreds of thousands of people in cities across the country joined together in a "National Day of Action for Immigrant Justice." In our nation's capital, more than 200,000 people gathered on the Mall. It was an amazing event, and the crowd went wild when Senator Kennedy took the stage and said "It is time for Americans to lift their voices now -- in pride for our immigrant past and in pride for our immigrant future. Are you with me?"

    Judging by the roar of the crowd, they are indeed with Senator Kennedy. Now you have a chance to show your support for this important measure -- and join the fight for justice for all working Americans:

    http://www.tedkennedy.com/fightforfairness

    The facts are clear: 63% of Americans believe that immigrants who have lived in the country for a certain period of time should be able to go through the process of obtaining citizenship. But the out-of-touch Republican Congress wants instead to turn these would-be citizens into criminals. And any American who assists them in any way, even priests, would become criminals too.

    Republican leaders claim tough enforcement is all that's needed. That's preposterous. Senator Kennedy supports strong enforcement, too, but fairness is equally important.

    Republicans claim they value hard work. Where have they been during Senator Kennedy's efforts to raise the minimum wage for millions of hard-working Americans? What have they done to ensure every American worker has access to good health care? How have they protected Social Security for retired American workers?

    Enough is enough. Will you join us and fight to ensure that our country values hard work? Please answer with your signature:

    http://www.tedkennedy.com/fightforfairness

    This year, more than 45,000 of you endorsed Senate Resolution 350, rejecting President Bush's assertion that he was authorized to spy on Americans without a warrant. You also stood with Senator Kennedy to fight for stem cell research that holds such great promise for millions suffering from debilitating diseases.

    We can't keep ignoring the worsening hardship for our nation's hardest working men and women. I hope you'll tell Senator Kennedy loud and clear you stand with him in this ongoing battle for all working families:

    http://www.tedkennedy.com/fightforfairness

    Yours for a stronger and fairer America,

    Marty Walsh
    Campaign Manager
    Kennedy for Senate

    P.S. The full text of Senator Kennedy's speech at the immigration rally is on our website -- I hope you enjoy it:

    http://www.tedkennedy.com/Apr10RallySpeech




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  • sam_hoosier
    09-16 04:18 PM
    Done.



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  • CCC
    07-05 02:19 PM
    Hello,
    I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.

    a. Is it possible for me to port my I-140 to company B?
    b. If its possible will i be able to keep the PD?

    I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.

    Thanks in advance.




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  • gxr
    10-12 09:50 AM
    Naresh/Libra,

    What was the LUD on your I-140 before you got the RFE ?
    In my case, the RD is 10/06 and LUD is 10/26/2006. But, no updates after that.

    gxr



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  • roseball
    08-07 11:10 AM
    if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??

    Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.

    Thanks
    -M


    Yes, its good to file I-134 especially when she is on H4. Paystubs and tax returns are not required documents though a lot of people tend to submit them. Just an employment letter from your employer would suffice. You dont need to include your I-20 with your wife's application....However, do include her medicals, though its not part of the initial evidence......




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  • mhathi
    03-19 12:57 PM
    PD is checked both at the time of filing and approval of 485. Once filed, the 485s are processed based on RD. If at the time of adjudication the PD is not current, the file is kept in the "pre-adjudicated" pile until the PD becomes current again for that particular application.

    This is my understanding.




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  • getgreensoon1
    01-26 02:57 PM
    2 people from Andhra get into top positions in IIT exams. 1600 people get caught going to fake universities in the US. That is a disgrace. People fron Andhra show desperation in the US and affect the diginity of every Indian in the US.




    bkarnik
    04-20 05:29 PM
    I called the CBP office at the nearest international airport and the officer said "As long as they leave the country with in 6 months they are good. I don't have to come to the airport to get it corrected". He did not ask me the I-94 numbers or any thing. He just confirmed they are here on class B2.

    So what does the gurus suggest?

    When it comes to immigration matters, my mantra is safe than sorry. I would still make the trip to the CBP office and get a date noted on the I-94. This way if you want to extend their stay, etc you will be covered.




    abhijitp
    01-29 01:11 PM
    you are awesome

    NP, thanks for bumping this up.... I won't be spending any more time "bumping up" as guys who live and work around Fremont have heard this loud & clear by now...

    Fremont BART station, 5 pm to 7 pm every weekday beginning today... BE THERE!!!



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