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  • tb2904
    03-26 04:05 PM
    Who are the guys making more than 250K? Why are they stuck in retrogression?

    I am assuming that if you are salaried employee and making more than 250K, you should be at executive level qualified for EB1 visa - which is current for all countries.





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  • rsdang
    09-18 11:16 AM
    My AP was approved last week (Monday) still to get in mail.

    Seems like AP takes a longer route to the mail box in USCIS... Mine is at NSC and my experience is that everything out of there is slower...

    Anyways I am greatful that they approved it and its in mail ( fingers crossed )





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  • Desiguy786
    04-02 08:55 PM
    First of all, whats' the situation?
    Are you still waiting for LC, may be from BECs?
    what's the reason of RFE, if you are currently working for the same employer?

    I don't know how you can get approval by going through company B, which you can not get with Company A.

    Please give more information and certainly someone can help you quickly

    Hi Satyasaich,

    I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.



    In short, My RFE is asking for..
    Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.

    Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..

    Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.

    No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..





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  • crazyghoda
    05-08 10:53 AM
    Did they issue your EAD from the time the previous one expired or from the current date. If current date, you'd have lost about 3 months or validity.

    Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.

    I got EAD in 2 weeks from filing to receipt of cards in hand.

    USCIS has certainly improved a lot.



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  • Saralayar
    08-05 01:36 PM
    It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)
    I wish Pappu's words become true...;)





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  • rajeshalex
    09-24 11:06 AM
    I had received response to 140 stating pending background name check.

    Here is the exact lines

    "USCIS is awaiting the results of your pending background name check. The USCIS is unable to predict when a background check might be completed. so they ask us to wait 120 days before initiating another inquiry."


    I am not sure whether this is related with IBIS check or name check or background check. If its an IBIS check EAD also got the same check and my EAD has been renewed twice. My FP was done in Nov 07 and after 2 days of FP my appln was transferred from TSC to NSC


    Anyway I will wait for another 120 days



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  • enthu999
    07-17 10:15 AM
    I am NOT going for another TN renewal which might pose a problem once my AOS is filed next time. I will be entering in H1 status.





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  • Robert Kumar
    01-26 07:10 AM
    Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.

    Good luck!

    I too think requesting the employer to take the action, with their lawyer. If they are good, and with no issues, they must initiate this and fix it,
    but if they are not good, they may withdraw at this point and may feel "lets not get into more headaches"... in which case you may not pursue further.
    I can imagine how it feels, belv me, yet, keep looking and dont give up



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  • eb2_immigrant
    03-03 06:39 PM
    I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.

    Please see I am on H1B and never been on bench or out of status.

    Generally desi consulting companies work that way with exception to few good ones. I don't see a strong reason why they do that, May be they want to wait and see if they can avoid paying.

    In case of last months pay, desi companies pay consultants when they get paid from the client. This is unfortunately how most of desi companies pay. It makes us nervous and at times ruins the relationship with employer.

    If you believe your employer and think he is genuine, you could wait but on the contrast if he is genuine why wouldn�t he pay you the money which he is going to get any way?

    Before you take any step against your employer ask him when he can pay you and if he doesn�t pay you as promised then I strongly recommend you to contact a lawyer, I am sure desi employer will come down on his knees and pay you. You have a strong case against him.





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  • Googler
    02-08 02:47 PM
    bump

    It would be really great to get clarification on this issue. Hope it's taken up by AILA in the immediate future like you indicated.

    I'm not sure it will be taken up by AILA -- I was so surprised by the resistance I encountered when I asked a well known attorney with a blog (v. popular with IV members) to submit this question to the AILA committee which reviews topics for liason meetings, and it took several rounds of email and some very severe rhetoric from me to even get him to send it to the committee! I feel it is terrible that our self-professed advocates hesitate even to ASK a question, let alone propose specific reforms...

    The deadline for submitting questions is Feb 15 -- so if you are interested, get in touch with your attorneys and send in the question. Maybe numbers will move them.



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  • Nikith77
    03-12 03:55 PM
    Just Relax, And Enjoy the ride.





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  • amitjoey
    06-26 04:19 PM
    Who is paying for IV? to continue work and lobby. Are You?



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  • roseball
    04-02 02:06 AM
    What I have mostly heard is that people in consulting jobs are the ones who are having issues at POEs and not the ones in permanent/full-time positions...I am not making a statement here but saying this is what I heard and read.





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  • k3GC
    11-11 11:21 AM
    Please check this post by murthy on Non 09, 2007

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

    On October 23, 2007, sixteen members of the New Democrat Coalition, led by the Speaker of the U.S. House of Representatives, Nancy Pelosi, requested that "the House take action this year to resolve the immediate talent crisis that is facing U.S. employers." The group is pushing for reform that would increase H1B and employment based permanent residence, or "green card" quotas, before Congress adjourns this year.

    Any IV updates on this ?

    Yet again we have H1B and GC issues together , does this mean there is no chance that this would succeed ?



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  • gc28262
    12-16 12:02 PM
    I have a valid H1 till 2012. As my company was going lean during the recession they asked me to work in India (no office in India - was working at home) for 1 year. Now they want me back in US. I am planning to get back in Feb 2010. I was not on payroll for 2009. My company transferred an amount every month to my indian bank account. My questions -

    1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
    3. Will they ask for payroll or W2 for 2009?
    2. Will they ask me any sort of documents - other than I797?

    Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.

    Thanks in advance.

    You need to have paystubs for the period you were present in US on H1B. You don't need paystub for the period you were in India.

    Your H1B is still valid.

    I guess that answers part of your question.





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  • ivar
    02-04 05:39 PM
    Maybe i should change the title: Is DOL still working on PERM withdrawals? to expect some responses or i am the only one who needs PERM withdrawal :)

    Okay, Is there anyone who has filed for PERM appeal after refusal and got PERM approved after appeal.

    Thx,
    R.



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  • kk_kk
    07-16 06:01 PM
    Thank you for your reply.





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  • chanduv23
    07-09 07:24 AM
    Lets forward this link to DOL ??? How do we do that? Anyone?????????





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  • keepwalking
    05-13 10:41 PM
    Texas Processing Center shows August 11,2010 for
    Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications

    I am thinking it may take 6-7 months or am I wrongly interpreting this information posted online....





    gcisadawg
    09-10 02:11 AM
    Hi ,

    Here is the scenario:

    -- My AP expires in Dec'08 ( Applied for extension and waiting..)
    -- H1 in Apr'09.

    If I go to India say in Nov'08 and come back to US before the AP expiry using AP document (without going for H1 stamping as my visit is very short). What would be the I-94 expiry date ? Would it be Same as AP expiry (Dec'08) ?

    Assuming I haven't received my new AP even in Dec'08, will I be out of status once my AP is expired ?

    Please advice.

    - Thanks

    If you enter using AP before AP expiry, then you would be 'paroled for' 1 year from the date of your entry. So, it wont be the same as AP expiry date.

    If you dont receive your AP before your AP expiry date, you will not be out-of-status. BUT you wont be able to travel abroad until you receive your AP on hand.

    BUT most important, check with your lawyer to see if you can travel when you have a AP extension pending. My lawyer said I couldnt.





    seekerofpeace
    09-04 02:03 PM
    Guys,
    Thanks for the responses...My email as you see in the first message is neither "Welcome" nor a CPO.

    So am I unique....unwelcomed approval.....strange...even in this there is no standard format or routine....

    SoP



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