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  • smuggymba
    03-16 10:39 AM
    My employer applied for LCA to extend my H1 and it was denied and they told me that prevailing wage determination with NPWHC is required to apply for LCA since jan 2010. Is this true?
    If anyone has gone through this please respond. Thanks.

    pretty common issue...the lawyer needs to send docs like tax returns with the FEIN on it and they will update their system. Generally happens to new, small employers. No reason to worry.





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  • pappu
    11-02 08:11 PM
    Contributed $100 for Nov.
    Transaction ID: 9771***********

    Thanks





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  • indyanguy
    11-07 08:58 AM
    I think in the case you mentioned in your first post it will highly risky to use AC21 ,it would be advisable to be with the sponsoring employer till your 485 is approved. You have two labours and two 140s in different categories EB2 and EB3 processed .I think in your case please consult with a very good lawyer/attorney because immigrtaion laws are very complex and complicated,
    not straight forward . If this was staright forward everyone who is EB3 would have converted or ported to EB2 and as I mentioned before documentation and employer support is a must . One of my friend went to his employer wanting to convert from EB3 to EB2 his employer( a reputed American Bank) refused point blank.
    The point here is people reading this forum get mislead that porting is very easy and straightforward and simple . It is not ,if it was all would have filed in EB2 and not EB3 .EB2 has more checks and scrutinies and different requirements. Thats what I was told by my attorney. So consult an attorney before you go this route.

    Thanks for the detailed reply. In my case, the company's lawyer suggested this option. I have a MS from US, have enough experience and the job profile justifies an EB2 application. Unfortunately, I got stuck with EB3.

    I will keep in mind what you suggested and will do more research before taking any action.





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  • pappu
    05-27 09:41 AM
    Please do not put fake data in your profile.

    Please input real data if you would like others to respond to you and spend time on your post. If you have not started your greencard process, please keep all fields empty.

    Thank you



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  • andy garcia
    12-21 01:20 PM
    I want to be more specific. I have a full time job. I'd like to setup a business LLC to get some contract works. For tax benefit, I can deduct some business cost with it.

    To setup a business LLC you do not even need to be in the US





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  • reddy_h
    08-20 09:57 PM
    just ignore H-1. you need not worry as you filed AOS. you need the H-1 approval only if you want to keep maintaining H-1 status by filing H-1 transfer with your new employer otherwise you can just ignore the H-1 you already filed. if you still want to revoke the H-1 petition, only your employer can do it as it is your company's petition.



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  • NKR
    07-18 12:18 PM
    $320 an hr!

    His 'RFE response' charges were $450!

    go figure...
    lotsa people are making money out of the s*ituation we are in!

    Except us...





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  • paskal
    11-28 02:00 PM
    all members also need to provide contact info
    no annomymous members!

    we will be providing an update soon to trusted chapter members



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  • edd
    02-05 05:36 PM
    Hi,
    I am also in the same boat. only spouse received the notice. So did you go FP along with your wife? would appreciate your input on this one





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  • starscream
    04-21 06:28 PM
    Sid,

    I am sorry to hear about this.
    - What was the RFE about?
    - Are you employed by a consultant or employed full-time at a company's location?
    - Did your employer have any profit isseus / layoffs reecently?
    - Is your employer TARP funded?
    - Do you have your EAD?

    I think you might be able to appeal and file from a new sponsor at the same time because I have heard that a individual can have more than 2 H1Bs at a time. But please confirm with a lawyer. Wish you all the best.





    Hi Everybody

    My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal

    My company said there are 2 options

    1) file an appeal. they are pretty confident that the appeal will be in my favor

    2) have another company file a new h1.

    what do you guys suggest? Can i do both simultaneously?

    Help will be greatly appreciated. I have never had visa issues till now.

    thanks in advance



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  • kpchal2
    03-17 10:34 PM
    HI
    I am in a very peculiar situation. I have been exploited twice by my previous employers who applied for my green card but ddid not let me know what the situatuion is. here is my situation

    company A applied for my green card on Nov 1 2004. Labor got approved in Feb 2006. Applied for my I-140 in Feb 2006.

    Changed company to Company B in May 2006.

    Company B applied for labor in May 2006. I-140 from company A got approved in July 2006. (please note that this is I-140 from company A). The Labor for Company B got approved in october 2006. I-140 with company B applied in Nov 2006.

    Changed company to Company C in Jan 2007.

    Company C applied for labor in May 2007. Labor approved in May and I-140 applied in May 2007 itself. Now ironically I-140 for company B and Company C got approved on the same day.

    I was totally amazed with 3 green card applications and did not know what to do and what my priority date was and so called USCIS and got transferred to the second level. From the conversation it looked like my labor priority is coming from Nov 2004 from my first application. Is this possible. Is there anyway that the USCIS people are trying to help me. The guy was literally telling me Nov 2004 was my priority date. Now should I be thrilled about it or is it just me and this is another stroke of their stupidity answering.

    Can some gurus tell me how I can find my priority date. Please help me. I really want to know what my priority date is and wjhat my application category is . How can I find this information.

    Thanks





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  • Dhundhun
    08-13 12:39 AM
    English equivalent:

    There is a saying that in forest, Pecock dance before rain (implies, if they dance, rain follows).

    So start dancing, GC will follow.



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  • Nikith77
    01-20 02:50 PM
    LOOKs Goooood





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  • Panchtantra
    09-01 04:06 PM
    I think I am the "Chosen One" for investigation :-)


    You arent alone, my friend :)
    I am waiting too - similar story as yours....



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  • jkays94
    03-31 02:13 AM
    He says in the talk, the job market in India is booming right now and it offers promotion opportunitieis etc ...

    In some places, depending on your experience and capabilities, you might as well get comparable salary to US. Given that cost of living is low in India, you might end up with same disposable income after taxes and expenses.

    Good to hear that Americans are getting an idea what it would be to live in a shell in a global economy. Germany, UK opened up their borders and more EU countries might follow suit like Netherlands, Belgium, lastly France.

    Not forgetting Canada in the mix, Canadian permanent residency is attainable in between 9 months to 24 months if one applies while residing in the US as a skilled worker and has work experience.

    And this just yesterday :

    ABOARD TP-01, NORTHERN MEXICO — Mexican President Vicente Fox has proposed that Canada open its doors to growing numbers of unskilled Mexican "guest workers" to deal with a looming labour shortage brought on by an aging Canadian population.

    http://www.theglobeandmail.com/servlet/story/RTGAM.20060328.wxfoxx28/BNStory/National/home

    ***
    At the end of the day the US stands to be the looser. It appears that congress has forgotten about the impending retirement of over 75 million baby boomers. I am aware of many friends stuck in the BEC's or endless H1B extensions who are applying for Canadian permanent residency which they attain in as little as 9 months (if the interview is waived and depending on the skill). It will be no wonder if Canada soon becomes a destination for many skilled workers from the US who abandon their quest to become GC holders in the face of excruciating backlogs and needless hoops and hurdles.

    ***
    Monday, October 31, 2005 Page A1 GLOBE AND MAIL

    Immigration Minister Joe Volpe, who will table his annual report to Parliament today, says Canada hopes to be taking in as many as 300,000 immigrants a year within five years, and will start by raising its target for next year to between 225,000 and 255,000. Canada is on track to accept 245,000 this year, the very high end of last year's target.

    "We have to start thinking about the Immigration Department as a recruiting vehicle for Canada's demographic and labour market needs . . . we are the lungs of the country," said Mr. Volpe in an interview with The Globe and Mail. "We are producing more jobs than the labour market has workers for. . . . We're desperate for immigration."





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  • chanduv23
    09-09 10:35 AM
    I agree that TANA & ATA are big organizations. But their focus is entertainment. And I heard that there is a lot of corruption. There are some allegations that people spend lot of money to become the president(or some other highest post). Who ever is competing for the highest post, they spend lot of money towards new membership program. they register all new members and ask them to vote for them. This happens just before the elections for the post. I do not think, people spend hundreds of thousands of dollars for new member registration with out expecting some thing back. Probably, there may be lot of corruption involved. I do not think, it is good idea of joining such kind of organizations. More over, there may be more organizations for each indian language in USA. Are we going to attach with all of them?

    This is my opinion. If you do not like, you can remove it.

    I agree. All these organizations are like that. A good example on how fraudulent trustees iof temples might be check this http://in.rediff.com/us/2001/aug/04us2.htm - this is about tax fraud at Flushing Ganesh temple



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  • radhay
    01-08 11:44 AM
    Hi, we applied to transfer my wife's out of state driving license to CT state but the application was denied.
    The reasoning was that DMV's immigration check came back stating that her status is H4 but the documents we are carrying are EAD, I 485 receipt etc. She is using her EAD so we didn't renew her H4 along with my H1B.

    At infopass we were told there is not much USCIS can do since we are still waiting for adjustment (I 485 pending) to Permanent residence status. DMV doesn't buy this argument as they insist her status should be 'pending application' .
    We (immigrant community) will probably face more and more of these issues as long as we have retrogression.

    Any one faced similar situation.? I have contacted Senators office regarding this bureaucracy and still waiting for response.





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  • pointlesswait
    04-28 01:10 PM
    my 140 was approved a week and a half back ..and i asked my attorney ..if my date was successfully ported..and he is refusing to divulge the information and telling me to contact my company..

    1.) i know 140 is a employers prerogative and all that jazz..but should i not get a copy..or at least some basic information?

    2.) Am i wrong is even asking for that information?





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  • krishna
    06-02 07:52 AM
    The indian consulate in NY states that one can apply for a renewal a year before his/her passport expires. Check out this link.

    Here is the statement

    Application for a new passport has to be made when applicant's old passport has completed 10 years (Final or F). The Application for a new passport can be made also up to one year before the expiry of the Passport.


    Here is the link

    http://www.indiacgny.org/php/showContent.php?linkid=29





    samrat_bhargava_vihari
    06-07 09:56 PM
    Hi,

    My LABOR APPLICATION DATE : OCT 2001
    I-140 Approved : OCT 2004
    I140/I485 concurrently filled : APR 2004

    Currently have EAD and AP

    Status : Married : Adjustment of Status Pending for Both

    Did any body get their green cards because of the recent movement of eb3 dates.

    Srini

    i see lot of approvals on immigrationporal.com





    Desertfox
    11-11 07:27 PM
    Ok, this applies to applicants who filed I-485 after 2007 fee increase, and those guys can renew their AP without any fee. From your profile its evident that you filed your I-485 before the fee increase and hence you are eligible for e-filing, and you will have to pay the required fee for your AP.

    If you have not downloaded the I-131 instructions already, get it from here - http://www.uscis.gov/files/form/i-131instr.pdf

    BTW, I e-filed for AP multiple times for myself and spouse and got it approved each time without any RFE. I just followed the instructions in the above document. I hope this helps.:)

    I just read the instructions for E-filing of AP. This is what it says -

    Who is Not Eligible to e-File This Form:
    You are not eligible to electronically file this form if:

    You have a pending I-485, Application to Register Permanent Residence Status or Adjust Status currently at a USCIS office and you are eligible to file the I-131 for no additional fee.

    Does that mean that only if your 485 application is @ a local office. My 485 is @ NBC, Biometrics is next week. I was told by my attorney that my application will then be transferred to local office for a interview. Don't know when though. Am i still eligible to E-file. Would appreciate any advice.

    Thanks !



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