Wednesday, May 25, 2011

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  • nemu777
    09-17 03:38 PM
    Hi Vani,
    I applied for H1B through a NJ based consultancy company for year 2010. I haven't got any receipt number though my employer claims to have fedexed my application on April 6th. Have u been able to get in touch with USCIS regarding your application. Pls update.





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  • pal351
    11-21 04:49 PM
    Hi Friends,
    You may answered this so many times but I missed.. Please some tell me, How much is the Fee for AP Renewal? and Required Docs for the Papaer Filing.

    I filed my I 485 on July 24th 2007


    Thanks,
    -Pal.





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  • kamal
    08-04 02:27 PM
    Hi,

    I started working for my employer last year on H1b. I've also singed employee agreement contract which stated to work for my employer for a period of 1 year (2080 hrs). It also states that in case of improper termination of the contract, the employee is reponsible for the damages caused.

    My employer is based in Texas and I am working in california.

    After working for my employer for a client about 6 months, I've got an offer from the same client for a permanent position and that I need to transfer my h1 inorder to accept the offer.I transfered my H1.

    Since then my employer is trying to scare me with notices through mails. My friends has told me not to accept either mail/phone from my employer. My employer tried to reach me several times through mail/email/phone but couldn't.

    Recently one of my room mates accepted a letter from an unknown person (through my employer's advocate) without my knowledge. The mail is a NOT legal notice but a printed document stating the breach of employee agreement handed by a person.

    The letter stated the same thing which is present in the employee agreement that in case of improper termination, the employee has to pay for the damages. The damages in the letter include the damages over $10,000 incurred by my employer as a result of the termination of contract.

    It has also stated in case I do not pay for the damamges, my employer has no choice but to persue with the arbitration method of resolving this issue.

    The same thing I shared with few of my friends and I had mixed responses. One was insisting to pay for the damages in order for a smooth transition. The other has told me to post in this forum to get valuable advice from the members.

    Another friend has told me not to bother as my employer also breached the general labour acts such as not paying for me while on bench, taking fees for the filing of h1,not paying for the medical insurance (as stated in the employment agreement). I dont know how to proceed in this regard.

    I've the following queries it would be great if I could get some answers/discussions/advice on the same.

    1. Is my employer really trying to scare me so that I can pay them for the damamges?

    2. Or is my employer completely confident about the breach of agreement and indeed heading for legal action?

    3. If so how would I approach from here?

    4. Has anybody similar experiences with their employers?

    5. Is it advisable to send any such letters (as my employer did) stating the breach of agreement by my employer (such as not paying while on bench etc) ?

    6. Should I wait till I get any legal notices from my employer? (I am very much scared about this and I should'nt regret in future that I didn't react to it).





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  • Beta_mle
    09-10 07:23 AM
    AFAIK, as long as the core duties mentioned in the LC don't change considerably (by more than 50%), the company can promote you anytime.

    I just watched the video on the front page promoting the rally and it seemed to say that your salary must remain within 5% of the amount stated in the I-140. Is this correct? This appears to contradict your answer. It also does not make sense. I am in this situation, I-140 approved with PD in '06, I-485 filed in July. My company gives raises of a few percent every year, and I would suppose most companies do. Surely it is not realistic for a person to stay at the same salary for however long it takes to adjudicate the AOS?

    Could someone please address this?

    Thanks.



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  • Escape_Velocity
    09-23 07:57 PM
    You can join the new employer either on H1 or EAD, though keep in mind both these options are mutually exclusive...





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  • misha
    07-21 04:34 PM
    I am curious - Did you get a receipt notice for your wife? I have E-filed for AP for my family. I have got the paper receipt for me but not for my family. I am wondering if there is a pattern here.

    Thanks,
    Mitesh

    I got the 1st AP receipt notice for my wife with I485 and EAD receipts in about 1 week after they entered our case into the system (September 2007). On October, 2007 she received EAD card but never received the actual approved AP.
    I did not apply for EAD and AP. I'm still on H1B



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  • usdreams
    05-25 12:13 PM
    Hi,

    I am little scared, I have taken an Infopass appointment for this friday at my local office, as my PD is current for EB2 - May, and still didn't get any status update or GCs.

    Is it risky or inviting a risk by taking infopass apt. ?

    Do you think I should have waited ?

    please reply if anyone have any idea.

    Thank you,





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  • gsc999
    01-21 01:36 AM
    Thanks everyone who showed up. We actually did better than we had expected.

    A total of 55 letters signed today, and will be dispatched tomorrow to the White House and to IV.

    Go NORCAL, go IV!
    ---
    Update: We have 10 more. That takes the total to 65.

    Cheers!



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  • tnite
    06-18 04:12 PM
    I'd got an extension within US, haven't left. Are you sure to put the old visa info. What about the new H1 approval which is valid. Shouldn't one put that info.

    BTW, what is the visa no#..is it the control no# or EAC no#...

    H1B approval notice doesnt carry any of the information requested like visa no, date issues, place issued

    You can check with a lawyer.
    Visa number is the number on u'r H1b visa stamp in the passport which is on the right bottom and it's in red color.its not the control number





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  • rajenk
    08-19 04:25 PM
    All,

    To add to the question of doubt. I have received FP (Biometrics) appointment notice on Saturday!!

    When USCIS will come out of this confused messy Spaghetti handling!!!

    Thanks
    Raj



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  • lostinbeta
    10-22 04:22 PM
    I start off with clouds a lot also.... I also do start with circles and squares many times and just edit them from there.





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  • jungalee43
    04-22 11:23 AM
    I don't understand what is strange in this RFE. The only this is that this kind of RFE would be very appropriate if you used AC21 and changed employers.



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  • kevinkris
    11-03 08:42 PM
    http://www.youtube.com/watch?v=INo69f7f8bo

    About CIR.

    The CIR bill is definitely coming back. Obama has mentioned it few times that solving the current immigration problem is one of his highest priority. Now we will need to wait and see what changes they can add to the existent CIR bill to help legals. But I would think most of the bill should remain the same since they have wasted a lot of time and effort in coming up with it





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  • sathyaraj
    11-15 05:04 PM
    I meant the same, they will ask only for your current employer paystubs and RFEs not the future employer. but if there is substantial difference in wages then there could be some potential problems. This is to asses your intentions whether you will continue to work with the same job as mentioned in ur LC.

    No way they will ask for pay-stubs from future employer. With EAD you can do any job. They may ask for pay stubs and W2 from Current employer.



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  • pd052009
    03-07 10:02 AM
    out of the country indefinitely and then come back lets say after 10 yrs?
    Lets pray the dates would be current by then...





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  • arunmohan
    04-01 12:28 PM
    greenguru:

    Congratulation.

    From your 2 responses, I did see that you filed labor under EB2. Could you please confirm that you filed labor first then I-140 or just I-140?

    Once again congratulation and Enjoy your freedom.

    Thanks a lot.



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  • kondur_007
    05-12 08:14 PM
    CIS have been targeting reducing processing times for applications including I-485 (for I-485 they want it to be <180 days). Which they are doing, based on their definition of pending (non retrogressed approvable application). They can easily achieve this, give retrogressed countries/categories bare minimum and they process all other applications as quickly as possible. Which explains all of the following..

    EB3 made unavailable (they have used all the visa numbers)
    EB2-India move way back (they have used all the visa numbers)
    EB1 and EB2 quick approvals (for all current categories) average down to 200 days


    There were around 3000 visas for EB2-1 and EB3-I , considering 1.2 dependent this means GC for no more than 1400 families in each category. The math is simple getting that many applications processed in first 6-8 months was not difficult.

    To add to the woes we have following, which add to the problem, but are not the primary problem.

    Labor substitution
    EB3-EB2 jumps
    Very old name-check cases


    Primary problem is 7% country cap, they way things are if CIS gets enough cases in EB1 and EB2 (none retrogressed categories), then they will be reluctant to issue GC to EB2-I and EB3-I above the minimum (7% quota), since that do not count in their definition of pending cases.

    Right on point. To your list, you can add EB1-C cases.
    At this time there is no way to predict the actual numbers of these...only next three visa bulletins will tell us the actual impact.
    My guess (it is only a GUESS...can't be a prediction as there are no numbers to crunch...) is EB2 I will move forward to at least 2005 or 2006 (may be more) till the end of this fiscal year.
    In any case, EB3 I is going to be very tough to be in...unless CIR has something nicer to offer to those waiting in that category...





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  • Madhuri
    05-04 11:34 AM
    I know one of my friend who applied 3 different LCs thr' different employers and he finally applied thr' PERM and got approval. But his all 3 cases are still in pending queue. There might be many others who did this and together it may be quite substantial number. Of course no way to extract this kind of data.
    Folks,

    I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).

    It appears on rough estimates :

    2005
    EB1 - 4000
    EB2 - 26000
    EB3 - 39000
    2004
    EB1 - 5500
    EB2 - 32000
    Eb3 - 36000





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  • greencardfever2007
    06-23 11:58 AM
    I have filed I-485 under EB2 category using EB3 priority date along with copy of approved EB3 I-140 approval notice. Now my employer is considering reusing my approved EB3 labor for someone else, thinking that my EB2 I-485 application will not be impacted as it is now filed with CIS. Can the employer reuse the EB3 labor without impacting my case? :confused:

    Please advice.

    Thank you.





    gcphul
    12-14 03:14 PM
    Hi Sam,Munnabhai

    Yes i am planning to start fresh GC and h1-extensio, The reason i am expecting to reject bcoz mine LC-sub and on top of 1,2,3 Mentioned RFE's. Case me Dham Nahi hai.





    gc2
    09-23 11:11 AM
    i am waiting for response from my lawyer in atlanta. i was wondering if people have gone through similar situation where they take a promotion with same employer or change jobs. Since AC21 leaves a lot of room for interpretation, it would be helpful to know past cases.

    thanks



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