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  • h1bemployee
    02-25 06:20 PM
    You need to provide more details on bold words from your post. If you really need pointers from IV members.

    in the intial offer letter ,they said they are going to pay 58k... and my job title was also different in the offer letter.

    As the client is paying very low billing rate .... they said they need to change the LCA showing less salary(less than 58k)




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  • chi_shark
    03-11 11:06 AM
    I worked for an employer in WY 2004 as a physician and since then i resigned and moved onto another job with a new labor and I-140. However last year at the time of July isa bulletin fiasco, I asked my employer from WY in 2004 to file for an I-140 based on the previous approved labor condition in 2004 to retain that priority date under EB -2.
    Employer knows I have no intent of joining them after the green card and I have my own practice , so i donot intend to join the practice.

    In this scenario, if this considered a misuse of retaining priority date and how do i prove the intent and will the USCIS allow a situation like this?

    i think you need to have intent to work for the employer when filing 140... without intent, it is likely that this will be considered fraud. but all this comes up only if you are called for interview or if there are detailed rfe(s)... then, when you go for citizenship, this could come up again... but like someone else said, you are better off with a lawyer's opinion...




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  • gcnirvana
    04-27 08:25 PM
    Yep, true. But, sounds like there's just too many Bills floating around, this year!

    This one is from Mathew Oh:

    04/27/2007: Disappointing News of Sponsor's No Immediate Push for Hagel High-Tech Temporary Relief Bill

    The Senator from Nebraska introduced earlier High-Tech Worker Relief bill. The employment-based immigrant community and the businesses and academic institutions had some level of hope and expectation that this bill might be acted upon as separate from the CIR. However, there is a report that Senator Hagel stated that the Senator introduced the bill intended to be handled as part of the CIR legislation process. It thus appears that all the bills which have been introduced recently were also intended by the bill sponsors to be debated and reflected in the CIR legislation process in May in the form of amendments. There we go. The Senator yesterday introduced S.1225 for the illegal immigration reform part of his own comprehensive immigration reform scheme under the name of Immigrant Accountability Act of 2007. Probably more immigration reforms bills may be introduced by other legislators before and during the Comprehensive Immigration Reform debate in the Senate next month. As we summarized on 04/22/2007, there have been developing compromises along the lines of key issues which we highlighted in the posting and media start predicting that because of these compromises, the CIR may have a better chance to pass this year than last year.
    Well, we are only inches away from the door steps of May 2007. After all, we should just focus on the upcoming CIR process rather than these piecemeal legislative bills.




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  • chanduv23
    11-20 12:25 PM
    This is just believe and what I think is something will be good for EB community. Specially those who has MS or Higer degree from USA. It can be tough for employee of small consulting companies. But that is Reform.

    Ultimately they will hike H1b quota with some tight regulations so who ever is genuine can use it.

    I know some people are saying that CIS wont be able to process all app and we have to suffer from Illegal people's filling. but if they add , recapture some visa for us in their CIR bill then dates will be current for us for some 1-2 years for sure and we can go to CP route and get green card thing done. I am 100 % sure that illegal people will not go to CP route. and CP route is very quick when dates are current.

    only one thing I see if CIR passes.. Lawers.. they will be busy with illegal people and will not look at us because I am sure their fees will be higher than our straight cases and they want it desparetly than us. so lawer may not give attention to your case..

    Hmmmm - laws are generally framed with generic thumb rules. They cannot be addressed to specific stuff. Visass and restrictions are based on needs and demands and not moods and whims. If USA needs software engineers, then they frame laws to get software engineers - they do not target consulting companies - remember it is we who have issues with consulting companies and it is upto those having issues to deal with them



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  • satyasaich
    08-28 08:36 AM
    to tell you the truth, DO NOT make silly statements at all. like someone said in this forum, we ARE professionals and dignified individuals with a wide array of qualifications by virtue of which WE are doing jobs in this country. some of us are here working for more than 8 years, some others may be 3 years, some others may have just begun.
    Don't waste your time.if this country wants to loose wizards like who created hotmail or google, please let your lawmakers know that. and let me know the response you get.


    I hope you all boycot the work and do a rally. That will help those Americans replaced by you, to finally get their job back. Or even better that will help the millions of tech workers in India, who wants to get your job, a chance. So go for it.




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  • wandmaker
    05-14 02:19 PM
    This is not a joke, we have received this querry, and are seeking some helpful advice.

    If you have worked on location other than what's mentioned in the certified LCA, it will be considered as an unauthorized employment, eventually application for adjustment of status will be denied on the basis of you engaged in unauthorized employment.



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  • justsomeguy
    07-12 06:29 PM
    fellow legal immigrations - this is my first posting on immigrationvoice.
    i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!

    now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:

    clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
    peace!




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  • centaur
    02-07 05:14 PM
    Just put in my year.

    When you sign for membership, there is a question you answer about EB category and PD, so I guess all 8600+ members have that. I mean we already have the information and most of the members seem to be in S/W.

    Is there anyway we can use this information thats in out database already, to come up with numbers? I assume that it should be do-able, however I am practically ignorant when it comes to computers. I mean I can use word and surf on the net, but thats it, but among all the experts we have here, maybe someone can work something out.



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  • priderock
    05-15 01:33 PM
    Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)

    EB3 India Labor + I-140 certified with PD Feb 2003
    EB2-140 pending at NSC hoping to port the EB3 PD date

    So both cases are now current, which leads to a couple of options for AOS:

    1. File based on approved EB3 (and risk a potential retrogression in future)

    2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)

    The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?



    If I were you I will upgrade I140 to PP and wait until it is adjudicated. It should be done before 1st June if you move fast.

    I will not risk filing with EB2 while I140 is still pending. I would rather go with EB3. One in hand is worth a dozen in the bush.




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  • NKR
    10-13 04:18 PM
    Next time I'm thinking of going Tarzan style....

    They take only finger prints.. ;)



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  • desi3933
    06-13 05:26 AM
    Have you done this ...or do you know some text that say this /....can have a 3 yr extension based on the pervious 140 ...

    That is from 2007 to 2010 ....Thanks

    As long as you have approved and active I-140 (from ANY employer) and the PD is not current, one can get 3 year H1 extension. IF the PD is current, one can get only 1 year of H1 extension.

    The term of such extension is always from the date of approval. For example, it would be July 2007 to July 2010 even if current H1 expires in, say, Oct 2008.

    Good Luck.

    ------------------------------------------------------------------------
    Please verify details with your lawyer/attorney. This is just my opinion and not be taken as legal advice.




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  • pappu
    08-22 04:12 PM
    Paskal:

    Thanks for your kind reply. I am new to Buffalo, NY. Just moved from California. I dont know much ppl here. There is lots of indian community here but dont know why none is responding. If I can find one guy also I can book a car and drive there for rally.

    Please send emails to your Univ. association email list. get in touch with your town's associations.



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  • vnsriv
    11-14 02:32 PM
    My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.

    The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.

    I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.

    Any inputs from people with similar experience?

    NO




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  • dazed378
    03-28 12:31 PM
    Hi All,

    I filed joint tax return for me and my wife (who is on H4 visa) and sent the W-7 form (for ITIN processing) alongwith the tax return files prepared by my Tax Consultant. However, IRS changed my tax return to single return and reduced the fed refund accordingly, saying that ITIN for my wife is missing. When I called them, they could not confirm but only said that the ITIN could be still undergoing processing. Can you please advise what I should do now on my behalf to get back the refund balance amount?



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  • obelix
    03-02 11:38 AM
    Looks like your PD is current. You might get your GC anytime. That is another factor I would consider if your GC gets approved before you get married.

    Filing six months in advance seems to be a better idea.

    Thanks for your input. I had incorrect information attached under my signature. I've not even started GC filing yet.




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  • plassey
    08-13 10:48 AM
    Congratulations but I was wondering if you are more an exception then a rule...:confused:
    Yes, i opened a new thread so that everybody can see that CIS does mostly work on cases according to 485 Receipt Date. Otherwise i can't justify my EAD approval. I filed 485 and AP on June 18th and got RNs 2 weeks later. But EAD was filed later on July 12th. I got the receipt number for EAD from the back of my cashed check but never got actual Receipt Notice. Today i got the email that card production has been ordered.

    So if they have to approve an EAD filed in mid July, they must have gone with the 485 Receipt date. There is an LUD for our APs too for this Sunday. I'm happy that they are processing the cases in somewhat FIFO order. I was expecting EAD only 3-4months later since i filed it along with the July flood of applications.

    Dec2002 EB3 India.



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  • extra_mint
    02-06 11:41 AM
    Congratulations Ivar.

    Hi EveryOne,

    I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.

    Thanks.




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  • va_labor2002
    06-01 02:24 PM
    Is it possible ? If it is possible to pick up the legal immigration provisions from CIR and make a new Bill, we should proceed with that option,so that it will be passed quickly before CIR. We should talk to our senators for this option.




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  • deeph
    07-21 04:12 PM
    IV should work closely with Senator Cornyn on this amendment. IV can contact him and talk about re-introducing the amendment and can coordinate w/ him in persuing other senators.

    IV should directly bring up issue w/ Senator Hiliary Clinton. She is getting lot of contribution from Indian community. Her action do not match her words of supporting our cause.

    IV should coordinate both and we can follow.




    gc_in_30_yrs
    10-26 09:09 AM
    i got my receipt number in 1 1/2 weeks time. i applied on 10/11/2006 and got the receipt number on 10/25/2006




    gc_chahiye
    11-09 02:43 AM
    I think they are talking about the number of receipts that were issued in September, not the number of AOS filings.

    oh ok, it makes sense then. thanks for clarifying that.



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