Tuesday, June 7, 2011

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  • huchinango
    04-01 03:36 PM
    Dear h1bdude1:

    I'm in your exact same situation. Would you mind letting me know what happened with your A# and misplaced EAD with only the copy of the front side? Did you use the old F-1 OPT A# or leave it blank?

    Thanks and hope things worked out!
    -H





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  • a_yaja
    07-07 09:48 PM
    I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?

    1. My LC was sent back to me on Tues (after 4 years).
    2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
    3. I am currently a little less than that if I can take into account all bonuses etc.
    4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
    5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
    6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
    7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.

    What should I do???

    Depends on a lot of factors.
    1. Under what category are you planning to file for I-140?
    - EB1, EB2 or EB3?
    2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
    3. How far are you from the 95% difference from your current salary ?

    The reason I ask is this:
    If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.

    If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.

    If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).

    IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.

    Ofcourse, this is only my opinion and not legal advice.





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  • rbalaji5
    11-05 12:46 PM
    Hi GKBest

    Any updates on infopass?. Let us know. Thanks.





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  • langagadu
    06-27 11:46 PM
    Please merge your thread with the following one which we had one year back. Join your hand with rpuja.

    http://immigrationvoice.org/forum/self-filing-documents-forms-directions-mailing/20493-lord-ganesha-india-pale-beer.html



    I dont know how true it is..I found the article at this site

    Photo Feature: Lord Ganesh On Beer Bottle (http://greatandhra.com/ganews/viewnews.php?id=14442&cat=&scat=25)

    Response On 'Lord Ganesh's Pic On Beer Bottles' Issue (http://www.greatandhra.com/ganews/viewnews.php?id=14468&cat=10&scat=25)


    I think this is sick if its real



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  • questions
    06-10 10:07 AM
    Get a good lawyer and ask them to file a Nunc Pro Tunc. Since you are under 6 months it shouldn't be a big deal.

    -Sri

    Hi Sri,

    thanks for helping out. What is a nunc pro tunc and what will it do for me? Does this need to be filed by a lawyer?





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  • ivorycard
    02-06 02:28 PM
    I will be promoted shortly as a Manager. My GC was applied as Programmer Analyst for the same company. When contacted the company attorney informed that it is not a problem, since 6 Months has been completed.



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  • HarishM
    09-21 04:36 PM
    Thanks! guys.....All in the same boat then....Screwed.....





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  • dexter
    12-16 05:26 PM
    Hi Charles ,

    Thank you for the reply. really appreciate your feedback.

    Thanks.



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  • jazzyjatt
    07-29 09:17 PM
    Brasil,

    I think after reading your case, it is just a standard operating procedure. Not sure why you thought of it as being punished unless some dmv official behaved unprofessionally or rudely with you . I suggest you wait for sometime and you will definitely get your license renewed back.

    All the best :)





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  • Anil_s
    07-20 10:19 AM
    Thank You.



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  • chandrajp
    06-14 11:12 PM
    Hey did you get the receipt notices(485/ead/aos) mailed to you directly from USCIS or it went to your attorney?
    EAD and AP receipt notices are mailed to me. I-485 receipt notices are mailed to me. I don't remember receiving I140 receipt notice





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  • sbabunle
    01-22 06:07 PM
    Dear Core Group,

    We all understand that IV core group is sacrificing a lot. We all know
    that you guys have families, job and thousand other good things to do. But
    you guys have chosen to fight this menace.

    There are some members who wanted to see the spending or doubt
    the motives of core group. But let me assure that, those who doubts IV are a very few.

    Thanks a lot core group. You guys are doing a monumental job!!!!!

    I request all the members to put a "THANK YOU" to the core group on this thread

    babu



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  • s416504
    02-04 03:48 PM
    You should contact your lawyer & ask USCIS to amend your H1 for 3 years instead of 1 year. One time My H1B got approved but USCIS forgot to add up vacation time then My Lawyer contacted USCIS officer to amed that time. Later got new H1B approval with correct date.
    I think that will give clear idea if USCIS not finding you I140?

    My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.

    I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.

    I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.


    its the same co. which filed my I-140 & I-485.





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  • luckylavs
    07-16 12:48 PM
    hk196712 ,

    Please dont mind , when you ask / post a question please provide a brief describtion about ur situation which will enable all the readers and gurus to provide you an accurate answers. Say for example : PD, date filed and other details that you can see on many of signatures. Insdead of asking 10 questions to you , you might get the answer straight away...
    Not just you , but many of the users who are new to this form , please first explain your situation with details and then ask the actual question.

    Thanks



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  • Leo
    07-16 12:36 PM
    This means that an officer is looking on your file and probably take a decision on it. Whats ur priority date?





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  • ivar
    07-12 06:30 PM
    Is it legal to file two I-485's ? If anyone can point to exact legal document or clause number.



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  • adi787
    08-30 09:18 PM
    hey guys..

    I heard uscis is introducing new procedure for LC. any one knows any details.





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  • yogi13
    07-19 02:19 PM
    Would there be delay in issuing EAD for my spouse if there is RFE for I-485 application? Is EAD depends on I-485 approval.? My birth certificate have some mistake in father's name. It will take time as we need to do change in original birth record. So I am submitting affidavit right now.
    Is this thing will delay EAD?

    Thanks





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  • brij523
    11-12 04:07 PM
    Gurus,

    I am on H1B in USA and now I am planning to set up a company in India. Will I be violating any laws by doing this.

    Can I operate the company from USA and still get payed in India. My clients will be paying my company in India.

    Will I have to pay taxes in USA.

    Thank you for your time.

    WOW. People ask so many questions!!

    Here is the answer - If you stay more than 6 months in US, you will have to pay taxes exception will be only L1 VISA. But before you think of L1, read L1 Visa requirement rules.

    Have fun.





    vamsi_poondla
    12-20 08:03 AM
    Receipt Number: SRC0XXXXXXXX

    Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    Current Status: Notice Returned as Undeliverable.

    On December 19, 2007, the post office returned the notice we last sent you on this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent..

    I have not yet got the FP appointment. Could this be the letter for that or something else serious?
    After filing, my address changed.
    I submitted AR-11 form, called USCIS and updated address, when opened SR last month gave them the new address to for which any notices have to be sent etc..but still got this letter from our super efficient USCIS.





    ragnarok
    07-19 08:51 PM
    Thanks for the response.

    My Priority Date is:

    March 16, 2001.


    What can you guys tell me?



    Thanks.



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