Monday, June 27, 2011

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  • Almond
    06-17 09:57 PM
    I have been to Infopass at least four times in last two years. It depends on service rep on the window. Some of them are very cooperative and will try to answer most of your questions but others may not answer anything. I has an appointment yesterday to figure out about Background check which has been pending for last six months. Service rep on window only told me that it is still pending, she won't say when was it ordered which part of it is pending.. I tried to impress upon her but, she got up and walk away. It was such a waste of my time...

    It is pure luck.. Couple of times, I got a rep who had helped me with AP stuff...

    Same thing here. I've been to infopass a million times already. Some of them will tell you straight up that it's on someone's desk and to wait and come back in 1-2 months. Others will feel sorry for you and make some copies of your stuff and fill up some paperwork to "put it on the officer's desk"-you know, just to give you some hope. I've even gone with a lawyer's letter. Nada. Basically, you're at the system's mercy and the infopass people are just customer service reps that are there to answer your most basic questions. Get beyond basic and you're out of shit luck.




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  • saileshdude
    09-07 10:49 AM
    Yes� It�s me Sreedhar. According to the conversation with my cousin, what ever I posted here is true. I am not sure what IO said is going to be happen or not. My cousin and myself working in the same office. I will keep update what ever happen to his case.

    -Sree

    Thanks for sharing this. I find it hard to believe what IO said (not you) . I think IO must have meant it will be current for PD 2003/2004 people. And using unused numbers from past is more of legislative thing that I am not sure if USCIS has the power to do it.




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  • krustycat
    03-09 07:26 PM
    I have a quick question on salary issue with 485. My EB2 I-140 states that my yearly salary 87k per annum. It got approved last year. I realized that my w-2 only reflects 64k for last year. I did not work for 2 months because of some personal reason. Is this less salary going to affect my 485 application? I thougt, GC is for future jobs so its okay. Can somebody please clarify this ?

    You will be fine if you company can prove 'ability to pay' (the financial capability to pay the wages being offered for the position).
    Adjudicators should make a favorable decision if the case contains proof of one of three specific matters.

    the company's net income is equal to or greater than the wage that is offered
    the company's current net assets are equal to or greater than the offered wage
    the petitioner is employing the beneficiary and paying the beneficiary a wage in an amount equal to the prevailing wage


    Point #3 will fail, then your company must prove #1 or #2 in order to be approved.

    #2 => net income = taxable income
    #3 => net current assets = current assets - current liabilities




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  • pbojja
    03-30 11:30 PM
    Congratulations !! When was your last FP done ? Did you get the second FP ?

    Thanks ..October 2007 . No second FP



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  • bostonian28
    12-10 12:16 PM
    Please look at the below links, it says that one can move jobs after 180 days even without 140 being approved.


    http://www.murthy.com/news/n_yatmay.html


    Any comments / suggestions ?




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  • psam
    11-02 12:05 PM
    I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.

    An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.

    --Parag



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  • nissan_1
    03-31 11:51 AM
    What happens if your previous employer cancel the approved I140 before the new company files the for I140. I think you need at least 7-8 months to get Labor approved. I am pretty sure by that time, the old employer will cancel the approved I140. I am taking about big Consulting companies here where you can not negotiate to keep the I140 open after you resign.

    Thanks in advance

    Dear Attorney,
    Thanks alot for taking your valuable time suggesting us on this issue.
    I appreciate your help.

    This information is very much helpful.




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  • Desi_Hydrabadi
    02-20 03:56 PM
    GC and LC Wage is for FUTURE job offer and has nothing to do with what you earn now. However, massive difference can raise questions as to how you can justify such a big raise. Hope that the question does not rise.

    Thanks for answering my question. But is it not a huge difference between what I earn and what is mentioned in the LC (almost 40k) ??



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  • veni001
    11-08 04:54 PM
    I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:

    Bachelors plus 6-8 yrs experience
    or alternatively
    Masters plus 4-6 yrs experience.

    I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o

    How many similar positions are in the company? is this the current position you are in, if yes you can not use experience with your employer even in future for this position.
    In either case your best bet would be a different EB2 qualified position with same employer or New employer.:o




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  • Munna Bhai
    12-14 09:42 AM
    Munnabhai,

    I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.

    If you are serious..then be careful and prepare yourself to transfer H1b and start GC fresh.



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  • naturopathicpt
    06-29 04:53 PM
    Hi Atty. Ruben, your response has been really helpful and it does makes sense that it would be below the minimum salary required by the LCA. Is there any PDF or citation where I can print out for my records stating this law?

    I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:

    "If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."

    So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?

    I appreciate your generous response.

    NaturopathicPT




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  • GCneeded
    03-14 03:37 PM
    Thank you all for the responses.

    nat23,

    My mother is planning to come to USA during first or second week of may.



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  • GCKabhayega
    01-09 03:04 PM
    Every time why does feel like that I have been in this dilemma before. I think we will gain almost nada frm this bulletin either.

    My guess

    EB2 : 1000 BC
    EB3 : January 1962




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  • gc1024
    07-17 06:46 PM
    Another silly question.

    Do I file again? My packet reached USCIS on July 2nd. It was not returned.



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  • sumansk
    09-26 05:16 PM
    Man I called and talked to teh 2nd level person and she said my app is not in the system...So what could be the reason for it...It was received on 18th july in NSC..Any pointers guys..?? :(




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  • number30
    11-18 08:13 PM
    Did that H1B got approved later?



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  • Berkeleybee
    05-24 12:35 AM
    Catching up after a long day -- excellent job Salil! Love the idea of using the poster in the photo.

    best,
    Berkeleybee




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  • leo2606
    12-13 08:02 PM
    We are all waiting for next breaking news from you ramnadhan.

    Visit another immigration site tomorrow and come back with another breaking news.


    January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2

    India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.

    I hope this info useful for our fellow members.

    Thanks,
    Ram




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  • aau
    07-30 01:30 PM
    :confused:
    We need much more info to help out.

    1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.

    2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.

    ..............?


    Hi all,
    One of my friend is separated (not divorced) from her husband.
    can she file 485 by herself. Does she needs anything latest doc from her husband. She does have all the copies of his documents.
    She is thinking she can work if she gets EAD. She does not have anybody here are back home except her mom. Please suggest a solution




    krothapalli
    10-07 01:25 PM
    Yes! We should gather and get the ball rolling in Arizona. Now, I don't see lot of activity from AZ in IV.




    mygoodluck
    07-20 11:49 AM
    Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?

    One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.

    While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.

    Best to ask your lawyer.

    Very true. There is a very heavy chance of AOS denial if she gets married in US on a B1/B2 and filed for AOS. As it would be pretty indicative/clear to the CIS that she had lied about her intentions when she went to get the B1/B2 visa.



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