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  • belmontboy
    11-16 10:27 PM
    IV gurus Please help.

    My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
    Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.

    Is it true if a company laid of people it should wait 6 month before it files for labor again?
    Is there a way to avoid the waiting period.

    My friend is in 5 th year of his H1B

    Thanks

    Nope. That is not true. Either the company/lawyer is screwing your friend!

    You can avoid the waiting period by using "Notice and Consider".
    I had the same experience with FDBL lawyers, those guys were awful.
    Luckily BAL took over, and they mentioned about "Notice and Consider" and did make use of that for labor filing.

    Hope this helps.




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  • sammyb
    11-15 09:53 AM
    Simply and bluntly put

    IV is we. If you are not there , there is no IV. We are in agony and pain. let us scream so high that even deaf may lend their ears.

    What is at stake is you career. We have every thing to loose by doing nothing. I know, I have lost a whole lot. Probably I were better off moving to India after my MBA. I might have been doing much better there. But I am at the point where I cannot let got without trying. Have you reached that point yet?

    Here is my personal story, if you think you can do better here without the Green Card. Think again! I have been slogging in this mess since 1999, even though I have world class qualifications (Full time MBA from a top US school, several years of work experience, PMP and marching toward CFA). All this are futile , if I don't have that stupid work permit with out any strings attached (Green Card)

    Yes I do have EAD. But it is full of restriction. At least let us work together to remove that restriction..

    I don't want any freaking loosers. Loosing is their nature. I want winners to work with me. Are you the one?


    unless we join hands together and come forward nothing will change ...

    because of personal reason I was not able to devote much time to IV recently ... will be involved more now onwards ...




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  • whyregisteration
    12-19 03:18 PM
    Is it necessary to file second time with I-140 reciept?
    What is the fee?
    Do you have new form I-485 and I-765 (EAD)?

    I heard one did not need apply another I-765 (EAD) unless it is expired or voided (one 140 approved is enough :D )

    now 485 fee is $1010 for an adult, already including I-765 (EAD) fee :rolleyes:




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  • bhasky25
    10-11 03:56 PM
    Thanks for replying... Appreciate it ....

    I believe the 180 days starts from the day of 485 notice date and not 140 approval. I had confirmed this with my attorney (both my personal one and the companies )before making the shift and I had and RFE on my 485 in June 09 and nothing after that. I would assume that USCIS was happy with my response and the case might have been pre-adjudicated.

    As per Ron, one cannot apply for H1B renewals based on revoked 140's. I wanted to see if anyone here has done it successfully. I will check with my attorney as well as my companies attorney.



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  • Sachin_Stock
    11-09 10:16 AM
    I don't know which position your company and lawyer are advertising, but 7 years requirement sounds catered and more specific. 5 years is standard, and general.




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  • EkAurAaya
    03-19 09:46 PM
    I think you need to talk to the CPA for tax and not lawyer....

    This came from a real estate lawyer... usually they know what they are talking about. But you are right, wont be a bad idea to run this by a CPA



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  • Ramba
    04-22 02:19 PM
    My lawyer got the RFE notice yesterday....

    My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.

    Please reply with your thoughts.

    Though, it appears as regular employment verification letter, there may be catch in it due to what you explained above. Though you were an "engineer" in H1B, your employer applied as a "technician" in green card application (LC/140) to overcome pre-wailing wage issue. This is not good one if they found out, as the technicians can not be in H1B visa. You can not argue I will be technician after getting GC. Also, you can not use AC21 as "engineers" and "technicians" are not similar occupations.




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  • smisachu
    05-13 03:13 PM
    From my experience you need to give alternate to just masters. I am not from the software field. My company attorney had put 3 different undergraduate degrees with various years of experience apart from two different masters degrees with 3+ years experience. The concern was that DOL might come back telling that this position is tailor made for me.
    Again this was in the early days of PERM and I was one of the first PERM cases my attorney filed.



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  • malibuguy007
    07-25 07:05 PM
    www.ralphehrenpreis.com

    He is not cheap, but since my company was paying I didn't bother about the pricing. However the guy is very capable.




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  • sss2000
    10-31 02:25 PM
    While that is true I wanted to donate whatever I have. I thought if any IV core team member has delta frequent flyer account, I can transfer my miles to his account. Is that a possibility? If so, Do we have any core team member who has delta frequent flyer account? If we pool all the miles we have then IV core team can use these miles to travel.



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  • reddy77
    04-13 08:23 AM
    Thanks guys for all your responses, much appreciated. not sure whats the RFE about, still waiting for the document, little bit tensed ....




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  • reddy77
    04-12 04:21 PM
    Thanks, Even I am thinking the same but just worried, would I also get the copy of RFE??

    Don't worry much its more than like going to be a medical RFE.

    I had an RFE recently with similar status. See thread....
    http://immigrationvoice.org/forum/showthread.php?t=24601



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  • breddy2000
    01-23 10:55 AM
    The table shown below is intended to be a tool for customers to view our processing times. When applications and petitions are completed within our target timeframes, those timeframes will be shown (example: 3 months). If we are not meeting our target timeframes a date will be shown (example: April 16, 2008).

    The processing dates shown below represent the receipt dates of petitions and applications currently being processed by the USCIS Service Center. If the receipt date shown on your receipt notice is prior to the processing date shown below, you may call USCIS Customer Service at 1-800-375-5283. We encourage you to check this page periodically before inquiring about your case. The processing dates are updated monthly.

    USCIS received a significant increase in the number of applications and petitions filed last year. In July and August of 2007, nearly 2.5 million applications and petitions of all types were received. This compares to 1.2 million applications and petitions received in the same time period last year. In fiscal year 2007, USCIS received 1.4 million applications for naturalization; nearly double the volume received the year before. USCIS is working to improve processes and focus increased resources, including hiring approximately 1,500 new employees, to address this workload.

    Last year's application surge did not impact USCIS offices evenly across the country. Although most offices have already processed cases received during the 2007 filing surge, a handful of offices will have a small percentage of their 2007 cases pending at the end of Fiscal Year 2008. That will result in processing times longer than the 10-12 month national average. USCIS will continue to shift resources to ensure that all local offices achieve the goal of five month processing times.




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  • eilsoe
    10-03 01:31 PM
    neither do I...

    :::::evil:::::



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  • neha_garg123
    01-08 07:20 PM
    You will only be counted against the cap once unless your 6 year limit of H-1 is over and you are out of US for another year. So no problems you can file for your new H-1. Just make sure you send a copy of the old H-1 approval copy as well to prove you are already counted towards cap.

    Thanks a lot!!




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  • lazycis
    06-05 10:14 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

    I second this. Eventually it will be delivered and signed off.



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  • gc_75
    07-17 07:45 PM
    I think if they did not get the interview already, they will need to wait until the dates become current again. If they have interview scheduled in July, they can go a head and attend the interview and get the GC.

    While today's development is great news for folks in the 485/AOS cue, what happens with people in CP? With the opening of the floodgates, I am unsure when visas will be available to CP cases who were scheduled for interviews in Aug and beyond. I am a great supporter of today's victory, but I am unsure where CP cases stand now? Another 4 year wait?




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  • tamil12
    09-09 08:55 AM
    If you can't able to wait for the AP to come...Then give a shot to the local USCIS office...and get an emergency AP...you can get it in oneday...But you need a valid document to show as it's a emergency travel to India....probably a document from India...




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  • wandmaker
    12-07 11:19 PM
    I applied I-485 and have recieved EAD in Sept, 2007. Now early next year (i.e. Jan/Feb 2008) I plan to go out of US for a year to complete an academic course. During that time, I would have to renew my EAD so that I can get back and start working. Anyone who has some experience or knowledge how this can be done from outside US... or is there a process to follow before I leave.

    Also I am told that I might receive another finger printing request duirng the same time I am out of this country, any idea !!

    (1) You can renew your EAD while you are outside the country (2) you should come back before your AP expires or get back with the valid visa (3) if you e-file your EAD you will get a finger printing notice, you will have to goto ASC to give your picture. Paperfiling does not trigger EAD unless your FP expires, which is usally 15 months from your last FP.




    rally
    09-17 06:07 PM
    Congrats on getting ur recepit!

    Did your apps get transferred to Texas/Cal service centres? Does your recepit have LIN/SRC/WAC prefixes?


    Thanks a lot!




    seahawks
    08-09 09:24 AM
    Hello,

    I did not see any posts regarding "1 year H1 extension approval when filed for 3 years". If this discussion is already in place, please point me to appropriate thread so that I could close this one.

    I applied for 3 years H1 extension on 6/26/2007 with approved I-140. My priority date (EB3 -Sep 2003) was not current on 6/26/2007 when I applied for 3 year extension. I got an approval notice today which is valid for only one year. I want to know if this is an error from USCIS so that I could ask to ammend 2 more years.

    Thanks!

    unfortunately I missed the bus, we send all document May 29th and it reached USCIS CA on 30th, my pd was current for June bulletin and was approved 1 year extensions. I should have waited until Aug to file extensions, this is my 4th H1/H4 extension:( in 4 years.



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