Thursday, June 30, 2011

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  • hourglass
    04-30 12:53 AM
    Hi there,

    yes myself and couple of my friends went thru Mr Gotcher lawfirm. Strongly recommended, very experienced, specially handling tough cases.

    Bit expensive though,

    good luck.


    Hi,

    Any experience with this law group for EB based GC ? Please do post. Thank You !




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  • GCmuddu_H1BVaddu
    06-27 07:41 AM
    One will get a H1-B without I-94 if the person is outside of USA.

    so basically you need to go for stamping to the local consulate for the visa.



    For your second question - no you don't have to be present in the US to file for the extension .




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  • SONG PREVIEW: “You” by Mary J.


  • nobody
    04-19 08:00 PM
    Aw I was gonna do a recursive stamp. Shucks. Yours looks way better than mine would have though... good job!




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  • gopi544
    10-30 05:02 PM
    i worked for 5 years (2005 till now), i will have 4 w2`s and they are asking for all w-2. i have all the w2`s expect for 2006 form previous company which i left in feb 2006.



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  • amindarshana
    12-01 11:04 AM
    Thank you Wandmaker..

    My attorny gave me same sugestion.

    But I was wondering do we have to take special permission from USCIS to re-file or just send the application with proof of previous deleivery.

    And if Yes-- How?




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  • same_old_guy
    03-19 05:39 PM
    If you are on payroll, it means you are still employed by that company. Consider this as bench period. The company may not pay you the whole salary or part of it but you are still employed. This creates problem sometime. You should ask your employer to consider you as on unpaid leave or vacation. You dont have to leave the country. Few days are ok as long as you get a new job elsewhere and transfer your H1. I think 30 days is good. Your first and foremost goal is to get a job at any cost. That should happen before you are out of payroll of your current company. That means within 30 days.

    Once you are out of 30 days and dont have a job, you are out of status. That means you are here illegally. Your counter starts. There is no guideline how long you can stay here like that but more than 180 days will definitely create problem for you in the long run.

    Coming to H1 transfer, if you can transfer the job within 30 days, you are good. No harms done. Although sometime you get RFE to show the income for that period if W2 shows very low number. There should some sort of parity with LCA minimum wage in H1 with W2. But 30 days of non-payment should not be a big issue as long as you can prove you were employed at that time with your H1 petitioner.

    If you are out of status, there is not much you can do about it except get a job soon enough. There are people who got H1 transfer without any issue. But there is a greater chance it might come up as RFE in H1 or later in GC.

    If you are here more that 180 days, you are in serious trouble.

    In any case, talk to a lawyer. People here in this forum are good for some basic general advice but a case like yours should be consulted with a professional.



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  • gc2
    10-04 03:11 PM
    $930 plus a biometrics fee of $80; the fee total is $1,010. Exceptions listed below. There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee. Applicants 80 years of age or older are not charged a biometric fee; the fee total is $930. Applicants under 14 years of age: - Filing with the I-485 application of at least one parent have a fee total of $600 - Not filing with the I-485 application of at least one parent have a fee total of $930

    I would assume that EAD and AP have to be paid for separately.




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  • A new track from Mary J.


  • perm2gc
    10-24 11:10 AM
    I am planning to file Labor in EB2. My Attorney sent job requirement which needs Master's + 1 year experience. But my current salary is almost 20k less than prevailing wage (level 4) for senior software engineer. But currently my salary equivalent to wage level 2.

    I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .

    I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?

    Any suggestions on this.

    Thx
    You should be drawing enough pay check to file under EB2 as of prevaling wage.Becareful..lot of screening is going on in PERM..
    goto dol website and you can determine which level you belong to...



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  • nychyd
    01-02 03:16 PM
    I could take upto 3 months of sabbatical partially paid (1st month:100%, 2nd,3rd-50%) - I am currently on H1 Visa and working for the employer who sponsered by GC. I would like to know if there is any effect of taking sabbatical on my pending I485 ?

    Thanks




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  • crystal
    07-12 11:56 PM
    Don not open multiple threads for the same post.Please



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  • vnsriv
    11-14 11:52 AM
    Hello everyone,

    Please shed some light on this

    I am going to a different Application Support Center than the one in my notice.

    I am trying to locate the Application Support Center (ASC) close to where I live. Is there any information about the location of all the ASCs through out the country in the USCIS site?

    If no how should I find/locate the nearest ASC to where I live?

    The address of the ASC in my notice is in a different place. I want to go to the one that is near to where I live.

    Thanks in Advance

    Google it




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  • amitjoey
    04-05 04:12 PM
    I have sent an e-mail requesting the call number

    Thanks gsc999



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  • knowDOL
    05-22 05:12 PM
    1. YES
    2. Your employer not only should not revoke your I140 but should not be using the LC for someone else. If he chooses use it for some one else the originla beneficiary will no longer get its benefits.
    3. The condition for three years extension is you are not able to get to I485 because of retrogression so they will give you three years,
    It is possible with a different employer only if the new LC and I140 is approved and you are waiting to file I485.

    This is what I know, but I am not an attorney so better to talk to your (new) company attorney before making the move.




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  • golgappa
    11-17 02:38 PM
    Do you have FedEx (or any other service) mailing delivery receipt and what is the date on that.



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  • LegalIndianInUSA
    09-11 03:11 PM
    Can someone suggest how I can go about getting some clarification from USCIS regarding the usage of H1 post AP (i.e. in Parolee status, can a person use H1 797 approval to work)

    Yes, there's the May 2000 interim memo (which is unfortunately not available from the USCIS website though) and even the memo is not very clear on the subject.

    I was thinking of writing to the Ombudsman and having them get this clarified. We get different opinions from different lawyers. I'd like one straight answer from the authority who's "interpretation" matters : USCIS.

    So, can IV take this forward with the Ombudsman or should I file a 7001 or something with them?

    Thanks,




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  • drak70
    11-01 12:27 AM
    Hi all,

    My wife has MSc in Comp and has work experience of 2 yrs as a programmer in India. She came last year on F2 and applied for H1 this year but She didn't get selected in the lottery. Someone told her that she can apply for jobs in universities and they do H1 (no cap).
    Can someone tell us that this is true? and also suggest us where else can she try looking for jobs? Are all the Not-for-Profit organizations same in terms of doing H1 (no cap)?

    I appreciate any suggestions and thanks in advance.
    yes of course
    All US universities and Hospitals are non-cap
    the pay is less but jobs is more stable and the university will file the visa paperwork(no lawyers fees)

    changing to cap-subject requires a regular oct-dependent h1b visa again



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  • roseball
    12-27 06:24 PM
    Hi sbmallik ,

    Thanks for your reply. what's the continuous employment criteria? Is the reason my attorney enter '5/17' instead of '5/15'?

    I have a letter from HR and saying the last day at my previous company was '5/15'. very boring!!!!

    All experience letters should indicate the last date of your employment as 5/15.




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  • Mary J. Blige on Friday broke


  • kishdam
    03-10 09:52 AM
    Hi,
    I changed job (new position start day is today) - and am struggling to decide whether to send or not send AC21 letter. Got the documentation from new employer but not sure whether to send it or not. For now decided to send just the G-28 form (change of attorney) immediately to get any info from USCIS to my lawyer. If I decide to send AC21 letter later - say after couple months - can we do that? (I mean sending AC21 letter 2/3 months after changing the job) - is this effective/advisable?

    I am thinking on these lines because I am not sure what my old employer would do with approved I140. I left on good terms with immediate managers - but its a very big organization and the official HR policy simply says that "they would follow attorney's guidelines - and will abide by whatever USCIS rule in deciding future course in case an employee leaves midway thru greencard process". Those are exact words and there is no other explanation.

    Anyone in similar situation and what are you doing please share - I need to complete this (atleast G-28 in a day or two). Thanks




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  • raysaikat
    07-25 02:13 AM
    Can't he use EB-3 LC for filing his EB-2 case as well?




    dano
    05-05 10:58 AM
    thanks!




    sushant_s
    08-26 10:12 AM
    Some additional information. My wife's first semester will be Fall semester as H4 and spring as F1. She will graduate by the end of spring- i.e. May 2009.



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