Friday, June 10, 2011

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  • cjain
    11-13 09:32 AM
    Tom,

    This is completely false. Even if the employer revokes an un approved i-140, the I-485 is not affected if the following conditions are met:

    - I-140 should've been "approvable when filed"
    - New job should be in same/similar field

    Read the Aytes Memo (google: aytes memo) for more clarification.

    and stop spreading lies

    The AC21 can be used only if the following 2 conditions are met:
    a. I140 is approved.
    b. 180 days after the receipt date of I1485.

    One may leave the employer even before the 180 days or before the 140 approval with a risk that the emploeyer will not revoke I140 and no RFE comes for 485. The safest is to use AC21 only after the I140 approval.

    If 180 days passed (485 receipt date) and if I140 is approved, there is no problem even if the employer revokes the I140 after you move the company. You may get an RFE to produce the offer letter from the new company.




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  • arnab221
    04-27 09:23 PM
    Most points are for joining the US Armed forces . I see where this is going .




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  • jonty_11
    01-15 02:25 PM
    els.edu guys are very slow is responding....
    Anyone appeared for IELTS test from els.edu location apart from those mentioned on this link for USA.
    http://www.ielts.org/searchresults/default.aspx?TestCentreSearchSubRegion=4a489b2a-083a-45de-a65e-6514bc133cb4




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  • nik.patelc
    01-11 02:30 PM
    I was laid off this week. I have been trying to find job and i feel its not going to be easy to find a job. If thing wont work by April, I m thinking to move back India.


    PD : EB2 I - OCT 2004
    I140 approved, I 485 pending > 180 days. On EAD
    50 Dollars monthy contribution to IV.



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  • gcadream
    03-04 08:24 AM
    Thanks a lot Rakson for updating the forum with valuable question and answers with the lawyer. Really appreciate it !!
    It cleared lot of my doubts as well but regarding point 'C'

    [C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?]

    I have heard lawyers saying in this forum itself that it can be a problem if the previous employer revokes the approved I-140, irrespective whether it was fraud or not. I don't have the links saved for that discussion, otherwise I would have pasted it.

    But are you very sure about point 'C' that what ever ur lawyer said is correct and final ?




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  • chanduv23
    03-03 12:12 PM
    Thanks for your quick response. I might as well ask one more question that's in my mind. Did you go thru the company's attorney or you hired yourself? I really don't trust my company's attorney as they work for the best interest of the company rather then the employees...may not be the norm but mostly its that way.
    Could you PM me if you know good attorney's other then Ms Murthy (cause they are expensive)
    Thanks.

    I used my personal Attorney from time of filing 485 - she worked with me through the AC21 process and till date represents me now also. It is very much advisable to have personal Attorney who represents you.



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  • ns33
    03-18 04:22 PM
    Answers below:

    1. Technically there is no Salary restriction. As stated above it is a grey area. But, if the job duties are the same and the salary difference is too big (no one knows how much is acceptable without raising questions), then it brings into question if you are still performing the same duties. But basically, you have to make equal to or more than the LC.
    2. I have used AC21 before. Have not done EAD renewal yet.

    Have a question about point1. Most of larger corp employees who have been in the wait cycle 6-8 years, entered in this coprs at rather lower salaries compared to current day standards. Once inside, pending GC process, you do not get too much of raise or adjustments (2-5% - more of inflation adjustments every 1.5-2 years or so).
    Going out of these positions, within similar technical positions, even at lower - rather conservative end of the current pay scale (on AC21-EAD) it is very easy to reach bracket closer to 40-50% higher. Converting to full time consultants, even in tighter market due to current economy; would actually mean closer to 60-70% difference. How do we handle this? Staying within large corp on FT basis does not make sense financially after all these years. Espcially when EB3 category PD doesn't show any sign of life.
    If you have a good suggestion/solution please PM me.
    Thanks
    NS
    PS. this entire rant is about people who have been in the same FT position without promotions and very minimal pay adjustments in large corporations - probably outside west cost. So please keep any and all flaming at my post in the context.




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  • greencardvow
    08-03 07:23 PM
    Please close this thread.



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  • prem_goel
    01-13 06:59 PM
    Can you please let me know which website to book H1B visa interview appointment in Mexico and Canada?
    And please guide me on things to keep in mind while going for stamping.

    Thanks.

    Servicio de Informaci�n de Visas de Estados Unidos en M�xico (http://www.usvisa-mexico.com/mex/index.jsp?locale=es_MX)

    i didn't remember but it took me 4 seconds after i googled it. Most of the info is available online. Please do try once there too before you post.




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  • insbaby
    06-12 10:18 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).

    It appears that you have not realized that you have been admitted in this country for work because there was no US Citizen available to do the same work.

    As you have agreed that two US Citizens are available, you must give them the oppertunity.

    If not, not only you are but your company is also in trouble.



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  • mukraw6
    11-21 05:24 PM
    It said the same thing for me and that means you will recieve it in a weeks time or your lawyer




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  • rkrishna123
    10-17 03:10 PM
    Thanks Vamsi for your advice....I have not checked with the CIS yet...i will do now. Thanks for your time



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  • srh1
    10-28 07:03 PM
    can any one reply to this thread please




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  • pani_6
    08-23 10:49 AM
    People who have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

    Is there any use in comming here as a student?? anymore..



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  • saimrathi
    08-10 05:42 AM
    Isnt this already in place in the form of US Visit (http://www.dhs.gov/xtrvlsec/programs/editorial_0525.shtm)

    Para. 4

    http://www.comcast.net/news/index.jsp?cat=GENERAL&fn=/2007/08/09/735635.html

    An outline of the announcement, obtained by The Associated Press from a congressional source, said the administration plans to expand the list of international gangs whose members are automatically denied admission to the U.S., reduce processing times for immigrant background checks, and install by the end of the year an exit system so the departure of foreigners from the country can be recorded at airports and seaports.




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  • CRAZYMONK
    08-16 03:26 PM
    There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.

    But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.

    Thanks,
    Srikanth

    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.



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  • priderock
    05-15 01:33 PM
    Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

    EB3 India Labor + I-140 certified with PD Feb 2003
    EB2-140 pending at NSC hoping to port the EB3 PD date

    So both cases are now current, which leads to a couple of options for AOS:

    1. File based on approved EB3 (and risk a potential retrogression in future)

    2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

    The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?



    If I were you I will upgrade I140 to PP and wait until it is adjudicated. It should be done before 1st June if you move fast.

    I will not risk filing with EB2 while I140 is still pending. I would rather go with EB3. One in hand is worth a dozen in the bush.




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  • EkAurAaya
    06-01 01:49 PM
    unfortunately anything that says/reads no cap on h1 will be shot down as soon as it takes off...




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  • Almond
    07-13 03:46 PM
    ROFL buehler you are too funny!!

    PD_DEC2002 I never even realized there were messages when going over those squares, how interesting!




    krishmunn
    02-19 12:46 PM
    As discussed above with cyrus mehta's blog: This is all discretionary:

    My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".

    Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".

    Good Luck.

    Excellent definitiion. and yes that is the difference between a good lawyer and a bad lawyer. Most of immigration related work (GC, H1) is filling forms which even a layman can do, except when it comes to "discretionary" stuff -- that is the acid test for lawyers




    nabs501
    07-19 07:40 PM
    I work in CA, my I140 is approved from NSC.
    But the lawyer sent the 485 to TSC.
    I just went over the I-485 form and it clearly says to send the I-485 employment based applications to NSC

    Employment-based adjustment of status.

    File all employment-based adjustment of statusapplications at the following address:
    USCIS Nebraska Service CenterP.O. Box 87485Lincoln, NE 68501-7485

    This includes an employment-based Form I-485filed concurrently with a Form I-140, ImmigrantPetition for Alien Worker, and an employment-based Form I-485 filed based on a pending or anapproved Form I-140. To facilitate acceptance andprocessing of Form I-485 when Form I-140 hasalready been approved, submit a copy of the I-140approval notice. If Form I-140 is pending, submitcopies of the Form I-140 receipt notice and thepage of the DOL labor certification showing thepriority date (if labor certification is required) or acopy of the Form I-140 receipt notice (if laborcertification

    Did my lawyer screw up?



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