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  • vandanaverdia
    09-11 11:59 AM
    Guys, there is a fund drive for 30k in 8 days, please help us to achieve the goal and contribute. 18k more to go.
    Help IV help you...
    Come to DC....





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  • arpu31
    11-17 01:03 PM
    I believe u can apply ur own H4. because u have the H1 approval from ur spouse. just download form from uscis website. there is complete instruction over there.

    Thx

    Thanks! But if I apply for my own H4, I would require my copy of I797 and the I94 attached to that. My employer doesnt provide me with the copy of those. Would the documents from my husband good enough to apply in US?

    Arpu





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  • kaisersose
    10-12 10:29 AM
    You should also consider the GC factor. If your L employer is willing to sponsor a GC, then that is terrific.

    You can come into the US in Jan 2008 on L-1A, apply for your 140/485 in Feb 2008 (labor is not required for EB1 and the PDs are current) and you should have your GC by Jan 2009.

    On the other hand, if you come here on a H visa, you may not have a GC even during 2019!

    Weigh your options and plan accordingly.





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  • jonty_11
    08-15 01:16 PM
    see my post - 4th above...and you will know why u got a red..!!!!!!!!!!!



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  • copsmart
    02-20 08:44 PM
    You are not alone�

    This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.

    Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.


    How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
    -a





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  • coolest_me
    07-01 05:45 PM
    if you are in California then fwd this to your employer

    http://ezinearticles.com/?Legality-of-NonCompete-Agreements-in-California&id=74000

    Non-Compete agreements are void in California. I had the same situation as you and in my case my vendor (new employer) helped me based on this law. I m in California



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  • uma001
    05-24 09:10 AM
    I am also on same boat. My employer is doing initial process for filing labour. I am not sure he knows about this merit based points system. Do you want me to tell him to wait because of this new law in process or continue filing for PERM.My employer is american company.





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  • lazycis
    10-05 09:03 PM
    Your H1-B does not matter. What matters is LC for your I-140. It sounds like you want to use AC21 portability. EAD allows to work for any employer(s), but you have to make sure your I-140/I-485 is intact.



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  • coolngood4u80
    02-07 11:13 AM
    Please share about the discussion. Unfortunately I am unable to watch it due to proxy firewall.





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  • p_kumar
    11-30 12:22 PM
    As the IO officers explained to you, instead of approving some other document(s), USCIS wrongly approved your I-485 application.

    Regards
    K

    I wish the USCIS would wrongly approve my citizenship application even though i dont have GC yet:D



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  • chi_shark
    07-28 03:23 PM
    is it in any shape size or form possible that you would put your I-140 employer into a bracket of potentially fraudulent companies? or did you have sub labor? anything you can think of that your employer may not have toed the line as far as the law is concerned? i am not suggesting that fraud investigation is the cause of these happenings... i am in fact wondering if that could be the case... if you think your employers were super lawful, then who knows what USCIS is doing!!

    Same thing happened to me. I had posted it last week. My VSC approved 140 got transferred to TSC last week and today got email that the case is now pending. 485 was orignally filed at VSC that got transfered to TSC in March 2007.
    Do you think something is cooking? ;)





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  • lost_in_migration
    05-15 09:55 AM
    Nice to see a handsome number of PD Current ppl still visiting the site ;)



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  • venky08
    07-28 04:59 PM
    guys...

    don't be pessimists...this baloon has been blown a lot bigger than what it really is. there have been some crazy estimates that the number of application that would reach USCIS are anywhere from 100k to 700K or something...its a joke! the lawyer's websites would state anything to make you cringe at this whole process...

    Remember this: nobody is going to give you a warm and fuzzy feeling about the dream of getting a green card in short duration...you just have to learn to be pleased by what has been accomplished this month and hope to expect similar good things happening along the way in the future. just keep on doing action items from IV, continue contributing and expect that they will decide to use the last few years' ROW visa to clear the backlog...Cheers!





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  • chanduv23
    04-21 03:11 PM
    Gurus,

    I went to infopass today. Last time when I went infopass in Oct 08, I was told that my namecheck is pending. I wanted to see whether any progress has been made on that,so took an infopass. When I asked the IO about the status of my namecheck, I was told that one namecheck is clear but the other is pending. I specifically asked her to look by my A # as I thought she might be referring to dependants namecheck status. But she replied back stating that there could be multiple namechecks for an individual and it is not unusual for some individuals to have three, four namechecks. And in my case as one of them is clear, they probably will go with cleared one.

    Now I am confused. Can there be multiple namechecks initiated at around the same timeframe? I was told both the namechecks were initiated in 07.

    If you think the infopass was not very helpful and need more information - usually you can try going through your congressman's offiice. You can either visit them or call them and write a letter explaining your problem and confusion. Some of these offices will ask you to fill out a form that deals with privacy act. These offices can help give you exact status of your case.

    Alternately, if you thhink IO at infopass was not being hepful, you may want to contact the Ombudsman's office, they also try to help in such cases.



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  • vinoddas
    07-29 08:57 PM
    I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.

    I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.

    What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:

    1. Use the special E3 work visa for Australian citizens.
    2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.





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  • gcnirvana
    11-14 07:44 PM
    My RIR is rejected. My LC is still pending.
    My lawyer says it is moved to TR queue

    If My case is moved to TR queue, does it mean very significant delay in getting my LC? Because in such a case this is my breaking point.Ready to quit and give up after these years and years if pain

    It happened to me 3 years ago. They moved a bunch of LCs (from my company and also other companies in that region) from RIR to TR stating "unstable market" reasons. If your company has a freeze on hiring or a lot of lay-offs then it might happen. As USCIS claim to process all LCs by Sep 2007, you might want to wait till that and then decide on a future course of action. Or if you don't have a lot of wiggle room in your H1 then you can try the PERM route and atleast get your I-140 cleared.

    As for me, I did just that and am in a much better position in my new company (in both, what I do and how much I earn). I am not suggesting you do the same thing but am just letting you know that there is always a way around this misery. Just dont get dejected; do a lot of thinking; talk to your friends/well wishers/family and then decide.
    Just my 2 cents...

    Good Luck!



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  • aj130346
    03-15 08:29 PM
    My comany is filing a second LC under PERM for a substantially different job position and job location.

    My first LC ( PD Oct 2004) was filed in TR. My LC is "in Process" at PBEC. No I-140 yet. I am from India

    The question is: Once the PERM LC gets approved, and I140 ( second LC) approved, can the first PD ( Oct 2004) PD be retained??

    Thanks for your responses





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  • GCDelay
    11-30 11:17 AM
    xxx





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  • InTheMoment
    06-05 07:55 PM
    In such cases, the PO Box owner or auth rep. takes the note that is left in the PO Box and collects the mail piece. This also applies for signature confirmation and other USPS services that requires a signature

    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?





    hpandey
    04-29 10:54 AM
    Thanks kaisersose.

    Anyone else have any inputs. I need to make this decision soon and would appreciate as many inputs as possible.

    Thanks.

    H1-b extension rarely gets denied so you don't need to worry but if you are worried about it ( most people in the GC line have had their H1's renewed multiple times ) then use the EAD for working . EAD would also give you flexibility to change jobs in future to a better paying employer.

    H1-b RFE or denial for you will not affect your GC process since you are a derivative application unless you have done something really illegal .

    I would advise you not to get worried. You just need to decide whether you want to maintain your H1 status or work on EAD. Everything will be fine either way.





    deecha
    07-16 03:02 PM
    Thanks deecha.. I will keep the gang in loop... The future role will be of a chief architect. So I believe it is aligned with my current labor application. But can I even move using an EAD (hence dropping my H1) and then file my EB2 in the new company? The reason I am confused is, we used an H1 b visa to file the labor, not sure if a labor can be filed using an EAD.

    I don't believe H1B has anything to do with filing a Labor Certification for a EB Green card. An employer can file LC for a position even when a candidate is outside the country. they are two separate tracks.

    What you may be thinking is the answer to the question about a candidate's status. In your case it's simply AOS (Adjustment of Status). You will definitely have to consult a good lawyer.




     

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