rolrblade
07-27 10:35 AM
Guys�
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California) - Yates memo says you are fine.
b) If I will be getting less salary than what�s mentioned on my PERM - The question is what is the deviation? Also remember that you are transferring within the same company and I assume your JOB FUNCTION remains similar. In that case you are not even using AC21. You dont need to worry unless the salary is too drastically lower AND falls below the PERM minimum wage requirement.
Thanks much,
Your answers above and PM me if you need more clarification
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California) - Yates memo says you are fine.
b) If I will be getting less salary than what�s mentioned on my PERM - The question is what is the deviation? Also remember that you are transferring within the same company and I assume your JOB FUNCTION remains similar. In that case you are not even using AC21. You dont need to worry unless the salary is too drastically lower AND falls below the PERM minimum wage requirement.
Thanks much,
Your answers above and PM me if you need more clarification
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amitkhare77
08-10 01:01 PM
I dont think so there is any wait period. I asked them after a year and they said OK we can do this. As per the admin - If I would have told them earlier they could have started much earlier. I did not ask them due to bad economy in late 2008-2009
Thank you my_gc_wait and amitkhare77 for your suggestions.
One last question to amitkhare77, how long did it take after you joined your new employer to file EB2.
Thank you my_gc_wait and amitkhare77 for your suggestions.
One last question to amitkhare77, how long did it take after you joined your new employer to file EB2.
nave_kum
08-15 03:22 AM
why did you want to refile? Did you get a copy of the complete filing from your attorneys office to see what they filed? Was something missed in your first filing?
Multiple filing is not a good idea - My 2 cents :)
Multiple filing is not a good idea - My 2 cents :)
2011 hot NO UNAUTHORISED PERSONS unauthorized personnel sign. authorised
gcseeker28
08-12 02:27 PM
So, after consulting with a good lawyer, we are filing motion to re-open for H-1B denial that I received couple of weeks ago.
Basically, it was about the client location and the iterinary at the location which was not provided efficiently for the RFE response.
I asked few questions to the new lawyer:
Am I in status now: She said that I am in legal status subject to we file a RFE within 33 days. It will take 3 to 4 months for a response.
Can I change my employer: The response was "No, I cannot change my employer as I do not have a valid H-1B status (H-1B pending is not a valid status to change employer)
Can I work: She responded that "Yes, I can work as long as the case is pending and approved".
What happens if it gets rejected again: We can appeal the case as all the documents are submitted now.
Gurus,
Did anybody face the similar issues as I am facing. If so, please throw light on it.
For the first RFE, we have not submitted any contarct with the client, ID, time cards etc.
This time I am submitting all the proof.
Did anybody get the approval after filing for MTR.
Thanks!
Basically, it was about the client location and the iterinary at the location which was not provided efficiently for the RFE response.
I asked few questions to the new lawyer:
Am I in status now: She said that I am in legal status subject to we file a RFE within 33 days. It will take 3 to 4 months for a response.
Can I change my employer: The response was "No, I cannot change my employer as I do not have a valid H-1B status (H-1B pending is not a valid status to change employer)
Can I work: She responded that "Yes, I can work as long as the case is pending and approved".
What happens if it gets rejected again: We can appeal the case as all the documents are submitted now.
Gurus,
Did anybody face the similar issues as I am facing. If so, please throw light on it.
For the first RFE, we have not submitted any contarct with the client, ID, time cards etc.
This time I am submitting all the proof.
Did anybody get the approval after filing for MTR.
Thanks!
more...
glus
10-19 08:18 AM
What do the people in the following circumstance do:
1) Family emergency and they have to travel to India? Is there any way to expedite the advance parole??
2) They get married say in October and return with spouse then? IF they file for I-485 now, isnt the spouse left out unless she/he can come in H1B or F-1 herself?
Hi:
According to the rules, you need to have I485 original receipt at the time of re-entry if you enter on H1, H4 or L1. Even though this rule was not very much enforced, it may be a reason for I485 abandonment if you don't have it at the time your re-enter. It is very risky to leave without I485 receipt. If you really need to leave without I485 receipt, you would need to get emergency approval of AP, which can be done under some circumstances. Not you can apply for AP based on proof of mailing and delivery I485 if you don't have one.
Reportedly, USCIS is working on a rule, that would eliminate the need of having I485 at re-entry, but as of now, an IO may request I485 receipt at re-entry.
1) Family emergency and they have to travel to India? Is there any way to expedite the advance parole??
2) They get married say in October and return with spouse then? IF they file for I-485 now, isnt the spouse left out unless she/he can come in H1B or F-1 herself?
Hi:
According to the rules, you need to have I485 original receipt at the time of re-entry if you enter on H1, H4 or L1. Even though this rule was not very much enforced, it may be a reason for I485 abandonment if you don't have it at the time your re-enter. It is very risky to leave without I485 receipt. If you really need to leave without I485 receipt, you would need to get emergency approval of AP, which can be done under some circumstances. Not you can apply for AP based on proof of mailing and delivery I485 if you don't have one.
Reportedly, USCIS is working on a rule, that would eliminate the need of having I485 at re-entry, but as of now, an IO may request I485 receipt at re-entry.
eager_immi
02-12 11:09 PM
there is no such thing as premium processing of h4 unless filed with h1b
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Munna Bhai
12-14 10:16 AM
Well you can always get the Equivalence Certificate from know Evaluator. USCIS also uses few Evaluators� for various purposes. You should find one of those and get the Evaluation done by them. 3 year Indian degree is VERY MUCH equal to a 4 years BS degree in the US. It's very interesting they way these evaluators do it.
It is true that you can use evaluators but things may get tough very soon, hence my request to everyone is "be prepared" and do let us know.
It is true that you can use evaluators but things may get tough very soon, hence my request to everyone is "be prepared" and do let us know.
2010 Unauthorized Computer Access
tabletpc
01-11 09:29 AM
Guys please help me with below questions.
Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?
Nope..!!! Unless the employer revoke the H1b it won't be invalidated.
Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?
Unless you come under the payroll of your H1b employer , POE people won't get to know. If att they ask, just be ready with a good reason.Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?
[B]Just plan your visit forgetting the fact that you ahve approved H1b. For all purpose you are on h4.
B]
I appreciate your advice
Have a nice trip..!!!
Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?
Nope..!!! Unless the employer revoke the H1b it won't be invalidated.
Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?
Unless you come under the payroll of your H1b employer , POE people won't get to know. If att they ask, just be ready with a good reason.Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?
[B]Just plan your visit forgetting the fact that you ahve approved H1b. For all purpose you are on h4.
B]
I appreciate your advice
Have a nice trip..!!!
more...
Raj2006
06-03 04:48 PM
My EAD case is pending at California service center. Please reply here to get an idea about their processing time.
please share your EAD renewal experience if you have application with WAC ( pending at California Service Center).
here is my information:
paper based filing on apr 27th 2010
notice date may 3 2010
got receipts on may 7 2010
in initial review status.
thank you very much.
please share your EAD renewal experience if you have application with WAC ( pending at California Service Center).
here is my information:
paper based filing on apr 27th 2010
notice date may 3 2010
got receipts on may 7 2010
in initial review status.
thank you very much.
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Sandeep
05-22 07:30 PM
US Congress warned on green card backlog
http://msnbc.msn.com/id/12919954/
http://msnbc.msn.com/id/12919954/
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h1vegas
06-24 02:24 PM
Hi all,
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
We applied for my wife's and mine EAD on April 27th (paper based)
I got the receipt notice on 05/08/2010 and checks were cashed on 05/08/2010
I am okay, because I am on H1B, my wife has a business and employs 2 people full time.
She doesn't draw any salary from the business, except she has business on her name and the accounts on her name as well.
Additionally , she has a valid H4 as well.
I know its too early to panic, but if I didnt get her EAd card by July 31st, are we in trouble
Pls reply
Thanks in advance
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samuel5028
04-18 02:56 AM
Hello Memebers,
As my H-4 visa is rejected and I am trying to find other options. I would like to know if I can apply for tourist visa and how much possibility is there that it will be rejected. Please advise.
Thnaks
It depends upon immigration officer. Make sure you provide all the proofs that you will return to your home country.
As my H-4 visa is rejected and I am trying to find other options. I would like to know if I can apply for tourist visa and how much possibility is there that it will be rejected. Please advise.
Thnaks
It depends upon immigration officer. Make sure you provide all the proofs that you will return to your home country.
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LOL123
02-13 03:41 PM
Folks,
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.
Thanks
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smisachu
05-13 03:13 PM
From my experience you need to give alternate to just masters. I am not from the software field. My company attorney had put 3 different undergraduate degrees with various years of experience apart from two different masters degrees with 3+ years experience. The concern was that DOL might come back telling that this position is tailor made for me.
Again this was in the early days of PERM and I was one of the first PERM cases my attorney filed.
Again this was in the early days of PERM and I was one of the first PERM cases my attorney filed.
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sevenm
12-09 02:09 PM
The fiscal year starts in October 2007. Although you can apply from April 1, 2007 you can start working on October 1, 2007. You have to maintain legal status until October 1. Yor apllication for H1B does not guarantee you legal status before october 1.
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GCAmigo
12-21 08:20 PM
Not so important - W2 statements for the years in the US as well as tax returns.
was the only Document they saked me to show @ Chennai Consulate in Jun'06..
was the only Document they saked me to show @ Chennai Consulate in Jun'06..
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makeup safety of the personnel as
brahmam
09-04 11:22 AM
OK, now that we all are agonizing over what's gonna happen, I think the following could be a possibility. USCIS has pre-adj almost 150,000 apps and has got nothing more to do now and the new Q1 for 2010 has around 35,000 visa numbers available to be processed.
Would DOS let CIS sit on their bums with not much to do other than process any new 485s that could be filed by ROW or would DOS move the dates to 2008 or 2007 so that any more people that still need to file 485 can do so and CIS stays busy. I think they would want to keep CIS busy. this would of course not mean every one of us will get approved since EB2/3 India and china only have around ~3000 visa numbers available in Q1 2010.
who votes for this russian roulette option? :D
Would DOS let CIS sit on their bums with not much to do other than process any new 485s that could be filed by ROW or would DOS move the dates to 2008 or 2007 so that any more people that still need to file 485 can do so and CIS stays busy. I think they would want to keep CIS busy. this would of course not mean every one of us will get approved since EB2/3 India and china only have around ~3000 visa numbers available in Q1 2010.
who votes for this russian roulette option? :D
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delhirocks
12-18 06:45 PM
When I took a cruise last year (Carnival) one of my stops was Cozumel. We were there for around 12 hours. We did not have a mexican visa, did not have to go through Mexican immigration.
I spoke to Mexican consulate official, and he conforimed that I do not need a Mexican visa (as long as I have a valid American non-b1/b2 visa) if I am staying in Mexico for less than 72 hours. Carnival also did not require a visa.
They do that for some other stops.
I spoke to Mexican consulate official, and he conforimed that I do not need a Mexican visa (as long as I have a valid American non-b1/b2 visa) if I am staying in Mexico for less than 72 hours. Carnival also did not require a visa.
They do that for some other stops.
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Img
10-18 10:34 AM
Guys, I dont see any provision to contribute one time $50. Is there any way I can do it ?
Thanks
RK
Thanks
RK
sgorla
06-05 05:42 PM
The online status of my package on USPS tracking page shows same message as yours. It just struck me that how can a certified mail be delivered to the agency if one is sending it to a PO Box. I mean how can USPS get a delivery signature from a real person if the address is not a physical address, but a PO Box number. Any thoughts?
I dont know if other Folks have seen the same thing. My renewal EAD application has reached Texas (TSC) today June 5th around noon by USPS Express Mail but the status says
Status: Notice Left
We attempted to deliver your item at 11:16 AM on June 5, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
The address where i sent is
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
Any clue what may be going on - this is another round of fun :confused:
I dont know if other Folks have seen the same thing. My renewal EAD application has reached Texas (TSC) today June 5th around noon by USPS Express Mail but the status says
Status: Notice Left
We attempted to deliver your item at 11:16 AM on June 5, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later.
The address where i sent is
USCIS
Texas Service Center
P.O. Box 851041
Mesquite, TX 75185-1041
Any clue what may be going on - this is another round of fun :confused:
chanduv23
08-07 08:04 AM
Please visit http://iv-tristate.blogspot.com
Please make it to this event
Please make it to this event
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