nda050325
07-16 06:27 PM
I am not sure why the previous employer is required to provide a response to the RFE. It is the current employer (or the petitioner) who should respond to the RFE.
Can you provide more details on the RFE ?
Can you provide more details on the RFE ?
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a_yaja
01-08 07:53 PM
He can send the I-94 to the nearest consulate by mail and a brief letter with all the details.
Embassies do not handle these matters. Departure and arrival records are maintained by Customs and Border Patrol (CBP). Here is the link for instructions on what to do if you did not surrender the I-94:
http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=RGQ8g3Hh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9OCZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9 jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX 3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUktOTQ*&p_li=&p_topview=1
Embassies do not handle these matters. Departure and arrival records are maintained by Customs and Border Patrol (CBP). Here is the link for instructions on what to do if you did not surrender the I-94:
http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=RGQ8g3Hh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9OCZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9 jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX 3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUktOTQ*&p_li=&p_topview=1
varshadas
02-10 05:31 PM
Guys its important to contact your local congressmen. There are a lot of congressmen in your state who are opposed to immigration. Please gather people to contact your local congressmen
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permfiling
01-19 09:59 AM
All the written agreements are valid in most of the states. but you can argue on the terms of agreement. He cannot ask her to stay in the company for 4 years. If she works in that company for 1 year, her employer should recover all the money he spent on her.
The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.
You are right Chris, last year few folks left the company and the company downsized as well. The only way to retain ppl and make them sweat is to hire H1's with the promise of GC who will be obliged to work.
The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.
You are right Chris, last year few folks left the company and the company downsized as well. The only way to retain ppl and make them sweat is to hire H1's with the promise of GC who will be obliged to work.
more...
GotGC??
05-15 01:28 PM
Thanks...is your 140 in NSC or TSC ?
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
gondalguru
07-08 09:40 PM
BUT: mine is an NIW case so i think she wanted to prove continuous service since 2003 in this job (under served area), she also asked the employer for a payroll printout since january.
Hi Paskal:
I am NIW physician, EB2 India, PD 9/2004. Already completed 3 yrs and 10 months into MUA service. I changed the job in the same MUA 3 months ago.
Do I have to file an amended I-140 or no? I contacted two lawyers on this issue. One says yes and second says no. The second lawyer who is from very reputed law firm -- (shusterman.com) says u only need to respond to RFE for 1 yr and 5 yr of service and not send an updated I-140 especially if you stay in the same MUA / state. I don't know whom to believe? Any suggestions.
I went through NIW regulations published in federal register many times... but in the register it is not clear if you need to file amended I-140 if your first I-140 is self petition and you didn't change the underserved area.
Hi Paskal:
I am NIW physician, EB2 India, PD 9/2004. Already completed 3 yrs and 10 months into MUA service. I changed the job in the same MUA 3 months ago.
Do I have to file an amended I-140 or no? I contacted two lawyers on this issue. One says yes and second says no. The second lawyer who is from very reputed law firm -- (shusterman.com) says u only need to respond to RFE for 1 yr and 5 yr of service and not send an updated I-140 especially if you stay in the same MUA / state. I don't know whom to believe? Any suggestions.
I went through NIW regulations published in federal register many times... but in the register it is not clear if you need to file amended I-140 if your first I-140 is self petition and you didn't change the underserved area.
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gc_on_demand
10-14 05:56 PM
Sakthisagar & RSM144 many thanks for posting, the spring document has a target date of Oct 2010, I believe there is a chance of this happening sometime with the fee increase, they will have a fee for this. Hope this rule comes into play it is good news for us.
Teddy
Is there any source on any site which gives idea that they are thinking of it. Since we have close to 800 members who joined for filling 485 when date is not current we can ask IV core to make this campaign officially and push for this one. Even we know 800 are not a good strength still it may help if govt is willing
Teddy
Is there any source on any site which gives idea that they are thinking of it. Since we have close to 800 members who joined for filling 485 when date is not current we can ask IV core to make this campaign officially and push for this one. Even we know 800 are not a good strength still it may help if govt is willing
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07-18 01:26 PM
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Flowers have come out as a very good weapon for us. Lets not waste it using everywhere.
http://www..com/discussion-forums/atlanta-perm/4827173/last-page/
Flowers have come out as a very good weapon for us. Lets not waste it using everywhere.
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dealsnet
11-08 02:06 PM
Family based, majority (90%) is done by consular processing. AOS mostly for EB based. Petition for relatives is from the mother country, who is not present in USA for AOS. Yes - I agree with andy garcia
I-130, Petition for Alien Relative
I-140, Immigrant Petition for Alien Worker
Both require a I-485 to adjust status
I-130, Petition for Alien Relative
I-140, Immigrant Petition for Alien Worker
Both require a I-485 to adjust status
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martinvisalaw
06-25 02:12 PM
1. My view on pre-adjudication is that they processing is done on the application and is put in an approvable status. once the PD is current and the immigrant visa number is available, then such an application can be approved. but it has to be noted that these applications can be reviewed again before approving and can be denied at that time.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
2. when an AOS application is being adjudicated, if the underlying terms of the 485 application are not satisfied, then it can be denied. it does not matter if the PD is current. the 485 is based on the 140, which in turn is based on a bonafide job. using ac21, you can change employers, but i still feel that you need to be employed in a similar position and not looking for a similar position.
any thoughts anyone?
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
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krishnam70
03-13 05:23 PM
but i asked this question to find the legality of this issue before reporting someone to the USCIS that i know is doing this.I just used I instead of someone in my thread to start the discussion.
Who do i complain to in this case?
Vow quite a turnaround. First you say its you who want to do it and when you get the heat you claim otherwise.
Either way this is pure 'FRAUD' . If you are the person who is doing it USCIS will have ways to track it and it will come back during your Naturalization or at any time when u enter the country. If you are just trying to report this to authorities you can do so at your state DOL or write a letter to USCIS with details if you have it.
- cheers
kris
Who do i complain to in this case?
Vow quite a turnaround. First you say its you who want to do it and when you get the heat you claim otherwise.
Either way this is pure 'FRAUD' . If you are the person who is doing it USCIS will have ways to track it and it will come back during your Naturalization or at any time when u enter the country. If you are just trying to report this to authorities you can do so at your state DOL or write a letter to USCIS with details if you have it.
- cheers
kris
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retropain
08-25 02:02 PM
the media is going to be busy covering the elections till Nov first week or two. so you're not going to get much media coverage.
idea is not bad if it can be implemented correctly, with employer support of course.
idea is not bad if it can be implemented correctly, with employer support of course.
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phillyag
07-20 02:15 PM
If I have applied for 485 can I still do that ?
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dazed378
03-28 12:31 PM
Hi All,
I filed joint tax return for me and my wife (who is on H4 visa) and sent the W-7 form (for ITIN processing) alongwith the tax return files prepared by my Tax Consultant. However, IRS changed my tax return to single return and reduced the fed refund accordingly, saying that ITIN for my wife is missing. When I called them, they could not confirm but only said that the ITIN could be still undergoing processing. Can you please advise what I should do now on my behalf to get back the refund balance amount?
I filed joint tax return for me and my wife (who is on H4 visa) and sent the W-7 form (for ITIN processing) alongwith the tax return files prepared by my Tax Consultant. However, IRS changed my tax return to single return and reduced the fed refund accordingly, saying that ITIN for my wife is missing. When I called them, they could not confirm but only said that the ITIN could be still undergoing processing. Can you please advise what I should do now on my behalf to get back the refund balance amount?
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meridiani.planum
07-12 08:35 AM
As long as your old I140 is not withdrawn, you can file 485. I think even if it is withdrawn, there still might be a chance, check with your NEW lawyer.
if the I-140 is withdrawn, its too late to file a 485. If its not withdrawn, he can go ahead and file a 485, but would need the co-operation of that employer (employment verification letter)
if the I-140 is withdrawn, its too late to file a 485. If its not withdrawn, he can go ahead and file a 485, but would need the co-operation of that employer (employment verification letter)
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d123
08-21 09:24 AM
Congratulations.
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BharatPremi
05-21 10:23 PM
Also even if you use EAD you can actually get back on H1 status without being counted against the quota as long as your I-485 is pending.
Saileshdude,
Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?
Saileshdude,
Can you eloborate more on this? My understanding is that once you use EAD, H1 is gone for good. And particularly How one can revert back to H1 if EAD is used to join different employer?
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sanjaymk
10-19 05:17 PM
Actually, IMO, stocks is a loosers game. Many have tried it and have lost a "lot" of money(including myself). If you would like to make money through investments(i didn't say *stocks*), you should go with something like mutual funds and have a well diversified portfolio across different asset classes.
If you really want to get yourself into stock market investing, the best book(Holy Grail for people like Warren Buffet and many other Mutual Fund managers) to get started on is is The Intelligent Investor by Benjamin Graham. There are tons of discussion forums like morningstar.com that has discussions about finance related topics. You could also get started with Mutual Funds for Dummies, Common Sense book on Investing by John Bogle, The Intelligent Asset Allocator by Bill Bernstein etc., There are tons of other ones, but this would get you started.
But, my 2 cents, have a long term goal, educate yourself on what investing(again, I didn't say stocks) is and get started. Investing is a marathon not a sprint.
Hope this helps.
Sanjay.
If you really want to get yourself into stock market investing, the best book(Holy Grail for people like Warren Buffet and many other Mutual Fund managers) to get started on is is The Intelligent Investor by Benjamin Graham. There are tons of discussion forums like morningstar.com that has discussions about finance related topics. You could also get started with Mutual Funds for Dummies, Common Sense book on Investing by John Bogle, The Intelligent Asset Allocator by Bill Bernstein etc., There are tons of other ones, but this would get you started.
But, my 2 cents, have a long term goal, educate yourself on what investing(again, I didn't say stocks) is and get started. Investing is a marathon not a sprint.
Hope this helps.
Sanjay.
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werc
10-10 12:43 AM
I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.
How about H1B?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
How about H1B?
If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?
H1Girl
10-13 02:52 PM
Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.
Thanks!
As mentioned in the above post thye don't care about your dress code. They rather care whether your company is a genuine company and pays you the salary as mentioned on your H1B LCA promptly (~.. you pay the taxes to the Govt :) )
Thanks!
As mentioned in the above post thye don't care about your dress code. They rather care whether your company is a genuine company and pays you the salary as mentioned on your H1B LCA promptly (~.. you pay the taxes to the Govt :) )
h1techSlave
06-25 04:52 PM
jobs, which require unskilled labor (walmart jobs, starbucks jobs, farm jobs, janitorial work - all are examples) should be paid a living wage. Which means, if a person works for 40 hours a week, he/she should be able to live with the salary.
I can throw in some numbers for Washington, DC area. For a family of 4.
Living wage: Accommodation ($800 apartment) + Food ($500 a month) + Vehicle, since most of America is not well served by public transportation ($400) + Entertainment, Communication, Clothes, Medicine etc ($500). Total = $2200 a month. Divide this by 160 hours a month and you will get $13.75.
So this is the minimum wage all jobs in Washington, DC area should be paying. Companies often get away with paying way below this amount. Then the society ends up paying the difference.
Congrads brother. You have posted one of the "most ridiculous and hillarious" posts ever!! Comparing Starbucks to picking strawberries??? Wow! why not compare strawberry picking to hollywood acting? Why is hollywood not employing ilegal aliens even when reportedly they need millions to produce a single movie? Tough questions eh?? or does it seem ilogical and crazy reasoning??
If you "pay enough" to the laborer, then who will pay for the produce at the walmart?? and how much is "pay enough" as per the current expectations?
I can throw in some numbers for Washington, DC area. For a family of 4.
Living wage: Accommodation ($800 apartment) + Food ($500 a month) + Vehicle, since most of America is not well served by public transportation ($400) + Entertainment, Communication, Clothes, Medicine etc ($500). Total = $2200 a month. Divide this by 160 hours a month and you will get $13.75.
So this is the minimum wage all jobs in Washington, DC area should be paying. Companies often get away with paying way below this amount. Then the society ends up paying the difference.
Congrads brother. You have posted one of the "most ridiculous and hillarious" posts ever!! Comparing Starbucks to picking strawberries??? Wow! why not compare strawberry picking to hollywood acting? Why is hollywood not employing ilegal aliens even when reportedly they need millions to produce a single movie? Tough questions eh?? or does it seem ilogical and crazy reasoning??
If you "pay enough" to the laborer, then who will pay for the produce at the walmart?? and how much is "pay enough" as per the current expectations?
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