Wednesday, June 15, 2011

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  • gnrajagopal
    08-18 11:43 PM
    I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o

    Raj

    EB2- India [ Oct 2005 @ NSC]
    485 filed Aug 2007





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  • jsb
    09-24 01:00 PM
    cool..hats off to USCIS...1 yr EAD will take 1 yr to process. u should apply ur next EAD now itself...this is implicit suggession by USCIS to you (and us)

    Awesome job (USCIS) guys..I feel like hitting rotten eggs to the dept office..they have increased the fee but have gotten worse in level of services.

    You can't apply for EAD more than 120 days prior to expiry of your current EAD. If you do they will return your app ( might keep the check though).





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  • maddipati1
    10-16 07:55 PM
    Sentiments aside, at least you could have got the story right. That is not why Diwali is celebrated. So, may be get the story correctly before even trying jokes.

    raajan, You may not know but, that is exactly why Diwali is celebrated in the whole North India. I know the whole south India celebrates Deepawali to mark the victory of Lord Krishna. The amazing thing is very few South Indians know why North celebrates and vice versa :-)
    Even i didn't know about this until i came to US :-)

    in my earlier job my boss (panjabi) asked couple of our team members to write a brief note on the story behind Diwali. a north colleague and a south colleague wrote their own versions. my manager is now confused :-) that's how all of us came to know about both versions. :-)





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  • xlxoel
    06-16 02:55 PM
    Just updating my case in case someone is going through same situation and need help.

    I mailed the two pictures that they requested on June 2nd, as today, my online status hasn't change, still says: Request of evidence sent, case placed on hold.

    I made an INFOPASS appointment last friday and I just came back from talking with an immigration agent. They will expedite my I-131 for free, they said they normally do it within 30 days but he liked me and he said he was going to try to get in just 5 days.

    He said he sent a request thought their intranet to the TEXAS SERVICE CENTER, they should be calling me if they need anything, if not, they will send me the TRAVEL DOCUMENT right away.

    I'll keep you all posted!



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  • kris04
    08-18 06:17 PM
    :confused:Hi all,

    I have a situation,
    I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.

    My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
    This is required to prove that there is no fraud happened while filing my case.

    As you all know, in this current situation, I can not go back and ask employer �A� about that letter.

    Any suggestions etc please provide.


    Just to remember
    REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES

    Thanks,

    Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.

    Good Luck

    HTH

    kris

    My Profile
    ----------
    GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)





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  • sailing_through
    02-18 01:05 PM
    Thanks for the quick reply, Krishna. I would infact get paid in INR in an Indian account. But what do we do when we file our taxes? When my husband files as "married filed jointly", do we declare this income? Do you have any inputs on that.



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  • seahawks
    04-29 10:10 AM
    I would like to send emails to my friends about IV and the cause IV stands for. I know a lot of people who are stuck by retrogession. Is there a standard template to invite friends to join, volunteer and contribute that we can include as a link in this website please?

    vj





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  • bestofall
    03-24 10:41 AM
    Rights and Responsibilities of H-1B Holders
    http://hyderabad.usconsulate.gov/h1b.html

    Don�t Get Stuck on the Bench � Your Rights as an H-1B Worker

    The skilled temporary worker visa, also known as the H-1B visa, allows foreign nationals with advanced skills to hold jobs in the United States. The top H-1B issuing posts in the world are Chennai, New Delhi and Mumbai, and Hyderabad will probably join these three soon. While the vast majority of H-1B employers and employees are responsible users of the program, there are some that engage in fraudulent and unfair practices. Please review your rights and responsibilities as an H-1B worker, and make sure you protect yourself and your family from financial or legal difficulties.

    You have the following rights as an H-1B worker:

    You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form. This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.
    You must not be �benched,� or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit.
    You must receive the same fringe benefits on the same basis as offered to American employees.
    Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition.
    You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract.
    You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers.
    Your employer must keep records of the hours you work and the wages you are paid. You should keep your own records as well.
    Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.
    You have the following responsibilities as an H-1B worker:

    You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.
    You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers.
    If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer.
    You may not enter the United States more than 10 days prior to the petition validity date.
    You must follow U.S. laws and regulations while in the United States.
    Your spouse and other H-4 dependents may not work while in the United States.


    If you wish to report H-1B abuse, please contact the U.S. Department of Labor at 1-866-4US-WAGE or http://www.wagehour.dol.gov/. You can also contact Consulate General Hyderabad at HydNIV@state.gov.



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  • cygent
    07-02 04:43 PM
    You cannot sue them for any of the above.
    3) See (2)

    kaisersose,

    I see your point in 1) Ok, I will agree with that. My mistake.

    But from 2) it is very clear injustice. You just mentioned that they made a "choice" not to burn unused visa's, well then that choice obviously excluded the rest of the field, in terms of the rules. Of course, they have the excuse of backlog + 2007 visagate, but that does not redeem their actions. The root cause is because of how the laws were crafted.

    Similar argument for 3) - They must be held accountable.





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  • mallickarjunreddy
    07-05 04:43 PM
    labor Substitution ....Heloooo!!!!

    Hey its give and take rite , if he bought the labor and or abused the system
    it was there to be abused , i know gaziiilllion other people who bought labor and now have GC so dont go after this guy if u want go after the ones who provide such kinda services viz a viz desi employers who by the way are laughing all the way to the bank



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  • sathyaraj
    10-26 11:29 AM
    USCIS is not updating the online status. Mine got approved and I received it in mail. But still the online status remains as pending.





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  • EB3June03
    07-01 02:03 PM
    1. where the RFE mail will be sent, old lawyer, new lawyer or to me?

    My case has only 1 lawyer and the medical RFE we got was sent to the lawyer and to me (applicant) by mail.

    If you filed G28 for changing your lawyer, I would say it will go to the new lawyer and also would come to you.



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  • auburn2009
    02-27 07:02 PM
    Hi Guys,

    I would like to know if we are eligible to claim our withheld medicare and soc.sec taxes for the year 2008. I was working initially while on F1visa and changed to H1B halfway through the year 2008.

    Will appreciate if u could help.



    Thank you in advance.





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  • gparr
    June 14th, 2005, 03:16 AM
    I use Canon gear, so am not much help with Nikon. However, my macro lens is the Sigma EX 105 and I think it is one of the best lens values available. I've owned it for a year now and use it more than any other of my lenses. Autofocus is slow, but I have yet to figure out why I'd want autofocus for macro work, so it doesn't matter. To get more reach, I'm seriously considering the new Sigma EX 150 macro. It is getting excellent reviews and images I've seen are as good as they get. I don't use any other magnifying techniques, so I can't offer any help with some of the other items you mentioned. Here's my current favorite shot with the Sigma macro.
    Gary

    http://www.dphoto.us/forumphotos/data/500/rose01.jpg



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  • theMan
    11-10 01:32 PM
    I am planning on changing to another company but I dont have the labor certification details. All I know is, it is Software Engineer and have salary details and some basic job requirements. My I-140 is approved. If I move to another company on EAD, and if I get an RFE, how can I provide the details of same/similar employment?

    Thank you,

    Per my lawyer, you can file FOIA, although it could take time. As long as you are moving to "similar" field, you should be fine.





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  • god_bless_you
    07-18 09:17 PM
    You can apply from your Wife's company for that You will be dependent and her's will be primary.
    When submitting you need to enter Alien numbers obtained from the first filing.
    The critical part of applying like this is both the I 485 receipts SHOULD get same A# associated.
    Once one 485 is approved USCIS will cancel the other or you can write th service center where pending I 485 is to cancel with all related details.,

    HAVING MORE OPTIONS IS ALWAYS BETTER!!



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  • InTheMoment
    03-23 04:22 PM
    I personally don't think that would be a problem. Just send whatever you have.





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  • gc_dream07
    03-04 05:14 PM
    I think you can do some community service. Check with public library or school.





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  • iv4gc
    07-28 10:04 PM
    Thanks for the info. Looks like I need to get Company B to recapture the PD of my earlier I140. This seems to be the best option. But I wonder if I go down this route, will it complicate and delay (significantly if I miss the window) the GC.

    If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.

    Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.

    If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.

    If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.





    jkm2282
    01-07 07:55 AM
    I had my interview on the 30th and my passport has not been delivered yet. The VFS website says that the passport has not been handed over to them as of today. I was not given any 221g slip/form and the VO told me that i should be getting my PP in 5 days, it's been a week now and VFS hasn't got the PP yet. Is there something i should be worried about? I have my return ticket booked for next weekend and i am getting a bit nervous about the whole scenario. Does anyone know if there is any other way to get in touch with the New Delhi consulate?

    Thanks.





    angelic
    February 26th, 2004, 11:13 PM
    Ok, I did it..but now I have to go whip myself for exibiting the sin of pride :(

    Really..it's a good idea. My last boss had me bring in a photo every time I worked to be critiqued. I learned a lot.



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