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  • ramaonline
    12-29 05:49 PM
    3 year h1 extension requires I140 to be approved plus non-current priority dates. You can get a copy of the approval from your attorney





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  • ssterian01
    07-05 01:33 PM
    Thanks a lot, prem_goel.
    I will probably have to change emplyers based on EAD and lose my H1B status and she will lose her H4. Before that, I intend to put her into ESL(English as a Second Language) school to get her an F1 visa so she can stay inside US until I get my I485 approved

    I read eveywhere and talked briefly to my lawyer about it and he had no objections and didn't raise any red flags so I assumed it would be fine to proceed with F1 plan.
    Now I have to give a second thought I guess. I will go to my lawyer and try to get all the answers.

    I understand the risks involved with me getting the I485 denied. I heard there are very low. Also, I read that adding F1 to I485 app is allowed and usual procedure, are you sure it might be rejected ? (my wife entered as H4 in the country, then will go on F1). I know there is always a chance to get denied.

    How big would the combined risks be to get screwed here (wither 485 denied or F1 spouse not added on I485)? Like very low, low, medium or likely ? :)

    Thanks a bunch





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  • needhelp!
    10-25 12:57 PM
    bump





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  • paragpujara
    10-24 03:12 PM
    I am 2nd July filer. My EAD got approved on 08/30/2007 but no updates on FP or AP. I guess there are many others with the same situation. USCIS is sending FP randomly.



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  • sertasheep
    07-05 04:00 PM
    Gautam,

    Can you update your profile with a telephone number? Your phone number currently reads as 123-456-7890.

    NOTE to all IV members:
    IV requests its members not to undermine or lash out at any individual. Please do not use forums as a platform to voice your personal opinion to assasinate someone's character.Posts that denigrate anyone are not welcome.
    With due respect, the Ombudsman is doing what his role demands.
    Gautam has his own situation to deal with-

    sanju: I'm not taking sides here, but please refrain from using inflammatory language or using strong abusive language. This holds good for all IV members.

    BOTTOMLINE: There is no point in engaging in unnecessary arguments.





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  • ak_2006
    05-05 06:04 PM
    On home page clikc on forums. Then select a topic. You should see new thread there.

    Thanks for the quick reply...Got it.



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  • willwin
    03-24 09:56 AM
    That's useful to know thought it was just mine that was taking forever. My PWD request was submitted January 27th. 9 weeks later still waiting. Should I just wait in the hope that my company's lawyer is keeping track and knows to submit another PWD request?

    Lucky you!! Mine was filed on Jan 5th and still waiting!!

    I think the labor certification is slowing going back to 2 years approval time including PWD. 3-6 months for PWD and 1 year to 2.5 years for Labor.





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  • rcauvery
    10-02 10:50 AM
    We just applied for a student loan and got approved. Here are a few things we found out during the course of applying for the loan.

    The only difference between you applying while on H1 vs. as PR/Citizen are the interest rates. Also if you are a PR/Citizen you qualify for a federal Stafford loan, which has the least interest rate and the best terms.

    If you are on H1 and you can get a PR/Citizen as a co-signer you can qualify for other private loans with lower interests than without a co-signer. The only issue with having a co-signer is that it their credit report is going to reflect the loan and could impact their credit worthiness.

    You [& co-signer] will have to send documents proving you are legal in this country. You need to fax - first page of passport, H1 approval, PR card [if you claim you are a PR]

    PS: Not all companies give Student loans to Non-Citizens or Non-PR's. While on H1 the best deal we found was at http://www.accessgroup.org/

    Hope this helps and good luck with school.



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  • gc_in_30_yrs
    11-29 01:53 PM
    :rolleyes: i am there with you now. i dive into the pool to do whatever i can in my powers to help us out of this mess.:rolleyes:

    i am in austin, pm me for my info.





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  • s_r_e_e
    08-05 04:59 PM
    Apply EB2 if you can.



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  • priderock
    09-01 05:27 PM
    Congrads!! you seem to be lucky. I noticed that several other of our regular posters have PDs earlier than you and are still waiting. Why do you say 10 years? your PD is 04 so that makes it 5 years :D:D

    I believe they go by RD if the PD is current. My RD is jul 2nd and my application reached them early AM on Jul 2nd.

    Thank you all for the congrats !!





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  • redgreen
    07-15 10:31 AM
    It is clearly written in the instruction of I-765 that :

    "Adjustment applicant who filed for the adjustment under the fee structure implemented July 30, 2007"

    Note that it is not whether you filed on or after July 30, 2007 but the fee that you paid for I-485. I don't know why people don't even read the basic instructions coming along with the applications form!

    Simply, this is the rule. If you have paid higher fee for I-485 then you don't pay fee for EAD (new or renewal). otherwise you must pay the fee. . As most of the people who filed before Aug 17, 2007 would have paid previous lower fee and those who applied know very well that they applied in August as part of the 'faisco'; it was basically a July 2007 filing with older fee.

    Many lawyers don't know anything other than making money.



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  • neeidd
    11-10 04:09 PM
    I entered US using AP on this Sunday from Chicago.
    AP and passport were enough. They did ask for old H1 stamp which was on my older expired passport. So I will add :
    carry older passports if any.

    I also carried I-485 notice and EAD but was not asked for it.
    Thanks for your reply, Rajiv





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  • bestia
    11-09 02:18 AM
    Even i'm in the same situation. My employer does not let me to interact with the attorney and is sad in following up.
    He is yet to apply for my PERM.

    ...


    Just a thought.... Don't waste your time with dishonest employers. I have wasted 2 years on my previous employer. I would have my PD 2001. My friend wasted 3 years. Now and me and my friend work for different companies, with very good relationship, having no problem interacting with lawyers or having our employers sign any paper CIS might ask. I had victim mentality until I realized that it's a market economy. You sell, your employer buys. If you don't like to deal with him, start looking for another "buyer". Don't rush. Find a good job, transfer your H1, and start everything afresh - I know it's hard, but that's a way to go. Don't be stuck to your employer for 5 years and later cry "my employer didn't want to apply for I-140, didn't give me latter for I-485", "my lawyer didn't respond to RFE, now I'm in trouble", etc. etc. CIS/DOL will give you enough headache even without employer's "assistance".

    And, btw, I have waited 9 months for my PERM to be approved. No RFE, no nothing - just 9 freaking months.



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  • lazycis
    01-15 11:04 AM
    See also

    http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument

    On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001

    The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.





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  • gcdreamer05
    12-12 11:36 AM
    Prashanthi was there on chat for 30 min and as no one turned up to ask questions she left. She will be available for chat every Thursday at 9.30 PM EST.

    Oh no missed it, i will surely be online next thursday to talk to the attorney.



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  • pappu
    09-08 01:29 PM
    *
    Pls get in touch with your chapter leads and they will answer every question you have. It seems you are from NC. Pls get in touch with Ramus. He will talk to you and answer your questions. Thanks for coming to the rally.





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  • pvganesh
    10-23 09:47 PM
    Hi,

    We are filing I-140 in EB2 category in this month; I came to know from this forum that one should include 2 affidavits from past colleagues or managers with job duties if experience letters can't be obtained with job duties.

    I have two questions with regard to Experience letters -

    (i) My previous employer (worked in 2003 in India) is no longer in existence, and i could only get one affidavit from the client manager. I don't know now any other colleague from the company, so I�m not sure what can be done in these cases. Please advise...

    (ii) I have obtained two affidavits, one from a manager and other from colleague for a previous company that i worked in 2009 in US. But the job duties they agreed to sign is not 100% equal to job duties included in PERM application for that previous experience. What i meant by difference is, wording may be slightly different or of the 6 to 7 job duties, one or two may be different. This happened because my manager advised that he could only include job duties of system analyst (per H1B petition) but my actual job duties are particular to a technology.

    I'm not sure if there should be 100% match between experience letter/affidavit job duties and job duties included in PERM application for previous experiences. Please advise..

    I think my thread is very long, but i feel this will help all of us to understand the legal requirement and help us avoiding any RFEs or denials in I-140.


    Thanks and Regards,
    PVGanesh





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  • immilaw
    09-18 01:41 PM
    Hi immilaw member,

    Thank you for the response, but my situation is.....

    1. My diploma certificate will be dated somewhere around December,2006.
    2. My H1B approval notice says my H1 is valid from October-1, 2006.
    3. For the current job I need MS degree, but I submitted a letter from my school saying all the course work is completed, but the diploma will be awarded in December, 2006.

    So now my questions are....

    a.) if I change my job after I receive my certificate, can I apply for green card on EB2 in my new job (assuming that my new jobs requires Masters too)?

    b.) Should the date on the certificate be earlier than the affective date of H1B or should it be earlier than the joining date of the job I am applying my green card on?

    Please suggest.

    Standards for H-1B and PR are different. Further, the basis of H-1B is the B.S. degree whereas the basis of EB-2 is your M.S. degree.

    Yes, you should be able to file and EB-2 through an employer that you join after you have been awareded the M.S. degree.

    Don't worry about your H-1B. You should not have a problem with that.





    cdeneo
    01-07 03:05 PM
    I would really appreciate input on the following:

    1) What is the impact on a pending I-485 application if one is laid off and files for unemployment? Would an unemployment claim create a problem when I-485 is up for adjucation and about to be approved (assuming by that time one has a same/similar type of job lined up and is not unemployed).

    2) What information does one need to provide for filing unemployment (I read somewhere that the A# - alien number off the I-485 application needs to be provided)?

    3) Does USCIS get notified when unemployment is filed by someone who has an I-485 pending? Would filing for unemployment trigger any RFE's or alerts in the system?

    Looking forward to some good guidance on this topic. Thanks!





    gccovet
    04-01 01:25 PM
    Please update your profile.
    GCCovet



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