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  • sixpockets
    04-15 10:16 AM
    TomPlate is correct, I followed the same procedure after being rejected twice.
    Here's the supporting FAQ from IRS ...

    http://www.irs.gov/efile/article/0,,id=120000,00.html#PIN7





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  • Venkat_175
    04-08 11:40 AM
    It looks my ex-employer us not going to take any action as they are getting some business from the client. Thank you very much for helping me.

    Regards,
    Venkat.





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  • gconmymind
    04-17 04:39 PM
    H1B is dual intent so even if I go back on H1B I can still keep intentions to immigrate right?

    My gut feeling (not based on any facts) is you should be ok to go back on H1. Please consult an attorney though...





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  • sam2006
    01-22 06:27 PM
    THANKS A MILLION for the Effort

    god bless



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  • greencardvow
    07-26 01:46 PM
    Lawful entry isnt just interpreted by having the 797 approval. If you have W-2 / pay slip you are good. Also USICS can only ask for these documents since your last entry in US. So dont worry for the old W-2's. Just the ones since you last entered in US.

    I do not have the approval notice used to obtain a visa to enter the country for the very first time in 2001.

    All attempts to obtain a copy of the I-797 from company/attorney have failed and so I have filed a I-824 for a duplicate. That will take a few months.

    I am wondering what will happen if USCIS issues a RFE on my I-485 asking for evidence of lawful presence all these years.

    I don't have all the I-94s either. I do have the visa stamp on my passport.





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  • EBX-Man
    05-11 03:51 PM
    smuggymba / getgreensoon1 / vdlrao

    While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers



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  • a_yaja
    01-16 11:44 AM
    In a way you are right but not entirely. It is the responsibility of the sponsoring company (that filed H1 for the person) to pay while he/she is employed with the company. Its does not matter whether he/she has a client project or not. So, as long as the sponsoring company say they are going to pay him he/she is legal.

    The original poster said that she was "laid off". So the question of her sponsoring company paying her does not arise. And hence she is without a job and she knows it. On this basis I said that it would be considered fraud if she goes for H1B stamping.





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  • aanurags
    10-21 03:48 PM
    I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
    Possibly the new job will not be 100% aligned with the job desc that was put during the LC.

    Do any one can help me guide what are my options?



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  • garga
    12-06 10:34 PM
    Hello,

    My apologies upfront if I am posting this in the wrong thread.

    I am currently working on an H1B which expires in Jan 08. My question is regarding H1B extension beyond the 6yr limit. Is it possible to get an extension for my H1B (7.5 yrs completed) even after having filed my I-485 (I was able to file 485 in July of this year)?

    As per my lawyer, if for some reason, my EAD renewal next year is delayed or the new card not delivered on time, I will not be allowed to work though I will not be illegal. Keeping this in mind, and also after reading numerous posts online, I got my HR to give the nod for the H1 renewal. My lawyer replied today saying that we cannot get an H1 extension as my 485 is filed and 140 cleared.

    I was under the impression that I would be allowed to get the H1B renewed for another year. What are the rules / regulations on this. If someone can pls update me.

    Thank you.
    Apoorv



    My GC status is as follows
    I-140 - approved
    EAD - approved
    AP - approved
    FP - completed .





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  • gc_on_demand
    01-05 12:44 PM
    seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough

    there were 400k application pending for AOS as of last year. 50% Eb3 would make them 200k..

    can anyone know how much of 200k ported to Eb2 ? if no is above 50k then its an issue. under less than 50k will justify by slow economy and new labor rule ( no more Eb2 for Software Engineer ).



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  • mirage
    06-16 09:33 PM
    In my case they made 4-5 attempts before it was delivered...





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  • angelfire76
    03-20 06:44 PM
    Can you please change the title of this thread so as to not give more people anxiety attacks?
    Welcome to the new world of Banking where even financial whiz kids need to go through a contract company to work at these institutions. I think the Indian IT cabal is smiling and thinking about diversification into financial services. They call it domain consulting. ;)



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  • TomTancredo
    01-11 04:21 PM
    Clearly Explaining

    I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status

    what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues

    I stayed with them only one month and one more month

    when can I Use AC21 for safe side

    Please consult an attorney. Your case is not str8forward. Please be ready to show the documented proof in case of an RFE.





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  • suriajay12
    02-12 08:12 AM
    How about sending 100 thousand roses to WHITE HOUSE on the same day?

    I am in for Gandhigiri. I remember we celebrate aniversaries of the success we had when we did this 1st time and only time. Its time we do it again.
    I know many people whose cases are ready to be adjucated are keeping a silent note core members or others, and they will become active again when numbers become unavailable.. which makes sense like in many cases. What will you do if your date is current.. be very hopeful for hearing the good news.. and not try to get ANY attention, . right.. Sorry if I hurt anyone,. but what are we waiting for.. economy to pick up??.
    But I know many people out there are not even close to or hopeful if the numbers become current.. LETS DO IT. We request IV core to come forward and start a campaign. Please help.

    The below is from immigration-law.com and they too feel that priority #1 doesnt mean others have to sleep.. Please act fast.


    02/11/2009: Three More Private Bills Introduced in the House 02/10/2009

    As we reported earlier, failure of the Congress to fix the broken immigration system apparently induces members of the Congress to introduce private bills almost every day in session. We admit that under the current environment of historical economic crisis and rising unemployment, economic stimulus and financial bailout should be the top priority for the government's agenda. However, it does not mean that the other important parts of the nation's policies should remain on hold. We have learned a lesson from the past eight years that leaders' total obsession with only one agenda, "war," led to neglecting of almost all other parts of the country's policies and people's life , including deteriorating economic competitiveness, education, healthcare, arts, etc. and the country is now paying its price. Look at the state of our country's education. Priority in policies should not mean that all other important nation's agenda should remain in standstill.



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  • kaybeedee
    11-05 11:18 AM
    Is VFS the only site to book appointments (for HYD) as well ? I hear the news that HYD is operational but I don't see it in on VFS website to take an appointment - I need one for 1st week of Dec





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  • CRAZYMONK
    04-07 11:49 AM
    Hi,

    I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?

    Thank you very much.

    Regards,
    Venkat.

    Which state you are in?



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  • ita
    12-08 03:32 PM
    When you are with the same company that files your GC (not Ac21) is it fine if the amount on W2 (for each year) is less than the amount mentioned on the LC. Is there a safe zone bracket . Since GC is for future job I was wondering if it is a must that the W2 should reflect the amount that is more or at least same as the amount on the LC.

    Thank you.





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  • cableman
    08-07 11:50 AM
    Hello Gurus,

    I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2

    Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.

    I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available

    Thanks in advance
    Kukitron

    I understand your pain. I have master and over 8 years experience. For some reason, my company filed my applicaiton for EB-3 *&@#$%^ :mad: I don't understand their intention. I asked HR why and they answered that this was "Company Policy" *&@#$%^ :mad:

    I am also actively looking for a new job which will file EB-2 for me. Let's wish both of us good luck!!





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  • yingli
    08-25 02:57 PM
    Thanks you all so much for the reply! I really appreciate it!

    How do I respond to the government's motion that the USCIS's decision on the adjustment of status (I485) is discretionary, so it does not fall under Mandamus? The U.S. attorneys wrote that only NATURALIZATION (but not greencard application) falls under Mandamus. Any suggestions?

    I am thinking about using a different lawyer. My current lawyer only complains that he lost money on my case (I paid $2,500 lawyer fee!), but does not really care about the outcome of my case.

    I will definitely check with Sheila Murthy. Any other recommendations? If you do not feel comfortable posting your lawyers' contact info. here, can you send me a private message (yingli95@gmail.com)?

    YL





    abhi2001
    02-24 04:06 PM
    Thanks again guys.

    Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.

    Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.





    veni001
    06-18 10:25 AM
    As far as i know only time you can recapture PD is if you filed I-485 and 180 days passed, If you haven't filed for AOS and your approved I-140 is withdrawn by the employer then you can not recapture that PD.

    I would check with a good immigration attorney before making a decision.

    Yes. Make sure you get copies of the approval notice of the I-140 before you part company (no pun intended). This will be the proof you require to port your priority date to another EB/I-140 some other time. This will be valid even if your employer revokes the I-140. The only instance this will be invalid is if the I-140 is revoked because of fraud or misrepresentation.

    I am not a lawyer and this is not legal advice. When in doubt, consult a qualified attorney.



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