Monday, June 13, 2011

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  • unseenguy
    06-09 12:48 PM
    Depends. If you filed under new fees structure, why pay more and travel to Mumbai if you do not reside in Mumbai. Its a waste of time. On the other hand , if you filed under old fees structure, then H1 fees are much lesser than AP fees. So that would make sense?

    Also how many times more are you going to go out of country on H1 again?

    I am saying this from experience. My wife was not granted H1 in India recently. They are issuing high number of 221(g)s and she had to return on AP. So consider all this and apply. If you get 221(g) , ask for the passport to be returned without talkin too much (or mentioning AP). It could result into loss of money and frustration in India.

    If you are in the same job and have paid for AP already, I dont know why you need H1, unless you dont want to renew AP/EAD.





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  • qualified_trash
    06-09 10:34 AM
    I agree that capitalism is the first american value..... and IMHO it is the only one that works........ Look at France and the old European countries vs the new EU countries that were part of the Warsaw pact who adopted complete capitalism instead of the hybrid capitalism/socialism........

    The only exception to the above rule would be China......... and we need to see where it goes over the next 50 years.

    I can bet that if USCIS came up with a plan where they would adjudicate labor, I140 and 485 in one month guaranteed for a premium fee of say 50k, most employers would come up with a way to pay the same and recoup part of it from the employee. Those on an H1 working for consulting companies where they pretty much work for a percentage of the billing would take a loan, max their cards out and do it.

    I know I would............... As President Calvin Coolidge said in 1925, "The business of America, is business."





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  • kondur_007
    03-25 08:31 PM
    Got some answers for you (they are in red below).

    good luck.

    My case details below:
    EB3 INDIA
    PD of Jul 2004.
    I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
    My employer had mentioned a salary of 87,000$ in my labor.
    My 485 was filed way back in Sep 2004.
    My 140 was approved way back in Nov 2004.
    I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.

    2004 W2 � shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
    2005 W2 � shows 57,000$/yr
    2006 W2 � shows 50,000$/yr
    2007 W2 � shows 58,000$/yr
    2008 W2 � shows 67,000$/yr

    Never changed employers nor job titles.

    My concerns and questions below:

    Q1) Will my 485 approval be affected due to the W2�s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.

    This may generate an RFE. There is a question on I 140 that asks "is the beneficiary currently employed at the proposed job?" and if that was marked "yes" in original I 140 petetion, USCIS can raise the question about the salary.

    Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?

    Depends on what I answered for Q1: if that question was asnwered "yes", USCIS can ask the employer abou the explanation.

    Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.

    Sorry boss....Can't answer this! God only knows. Or may be even God does not know!!

    Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
    I do not see advantage of doint it. Also you will loose benefits of EAD and AP (in case you change employer or run out of H visa). I personally would not recommend it but there can be a difference of opinion.

    Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?

    That may not be a bad idea. Especially if you can do with a different employer, there is no disadvantage of doing it and it may eventually bring your GC earlier. EB3 India (at current pace) is going no where till all EB2 are current and EB3 row is current and overflows.

    Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?

    This is the most complicated question. as such, you were out of status (if you are on H1 and on bench) during the bench period. If you ware on EAD (not on H1), you were absolutely fine. Also it will depend on whether it was after the filing of 485 or before. total duration of out of status (less or more than 180 days for 245(k) protection) etc. On this issue, I would highly recommend to ask a competent lawyer and straighten it up.


    Thanks.





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  • gcwait2007
    12-06 06:43 PM
    My brother chose to leave USA on his own, after working for 6 years, without applying GC. He was getting 120K here in USA. In India, he joined Oracle Corp and his salary is almost same (about Rs.55Lacs). Indian salaries are becoming excellent these days.



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  • file485
    09-27 11:16 AM
    this is a hot topic right now..!!

    many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)

    anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..

    In no way,this situation can be treated as a substituted labor...

    So may I take it from this thread, bottom line that we cant do it..





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  • snathan
    06-25 10:38 AM
    Hi all,

    I got my H1-B approved last year (through the lottery) and my start date was 10/01/07. My company was not doing well and so did not hire me until end of Nov. I have been continuously working since then. I did not receive any pay in 2007 and my company has been lagging behind on pay checks.

    Problem: I have received pay checks only till Dec 15th, 2007. Till date, I have not received my W2 for 2007. My husband has filed a tax extension and we have time until 10/15 to file our tax now.

    Questions:

    1: Can my company issue a W2 for 2007 now ?

    2: What are the impacts of not getting a W2 in a year, even though you have legally worked for a company ?

    3: My husband has filed for his GC and is currently waiting for his I-140 and I-485 (both filed concurrently last summer). Will there be any problems in my I-485 because of my W2 issue ?

    4: Is there a problem if my husband files a joint return without my W2 ? Is it even possible ? I do have my SSN and that is the only info that is being asked about me while filing the tax.

    Thanks in advance.

    You company must provide you the W2. Otherwise its illegal. Ask them to give you the W2 or contact IRS/DOL



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  • perm2gc
    01-07 03:17 AM
    FYI:


    http://www.cnn.com/2007/US/01/06/first.baby.ap/index.html


    another reason to get a GC. although, toys r us reversed their decision, the whole incident kinda left a bad taste in the immigrant community. heck, they didn't ask for my GC when i bought toys in their store then why would they even bother about "citizenship" in their new year promotion. good thing they reversed it.
    :(





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  • jliechty
    January 7th, 2005, 09:39 PM
    The technique you mention works best when you reverse a normal or wide lens in front of a telephoto lens. However, none of my lenses work very well; all cause severe vignetting. The cheapest way to try this is to hold the one lens in front of the other with your hand; then focus the apparatus by moving the whole system in and out until you find the plane of focus (autofocus is worthless for any macro above 1:1, and IMHO even for most macro below it). If you like what you see, then it's not a great expense to find an adapter that has filter threads on both sides of it to hold the lenses in place for you. Check the macro couplers (http://www.bhphotovideo.com/bnh/controller/home?O=NavBar&A=search&Q=&ci=3066) section at B&H for the kind of adapter you'd need.

    I still think a regular macro lens would be most versatile (you can go from infinity down to 1:1 without removing the lens or unscrewing any filters), but the other method can be a cheap way to experiment, if you can find a pair of lenses that gives you the magnification you want without major vignetting.



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  • manderson
    04-23 08:50 AM
    DOL (Department of Labor) will give ur company a tracking/receipt number. ask ur company to check the status of the case using that number from DOL website.

    hope that helps





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  • calaway42
    10-04 01:42 AM
    no i did all steps :D yay for me!



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  • cbpds
    01-27 02:04 PM
    THe questions to Obama is gaining steam, IV needs to tell everyone to vote so that our questions will be highly ranked

    see this
    Obama to take YouTube questions on State of the Union speech - CNN.com (http://www.cnn.com/2011/POLITICS/01/26/obama.youth.outreach/index.html)





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  • aquarianf
    01-08 10:07 AM
    in NY/Nj area QA rates are really getting down. Last couple of weeks I conducted few interviews and found that people are ready to work at $25.00 and some non-experiences candidates offered their services free for couple of months to just gain some real experience.



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  • vdlrao
    04-08 02:54 PM
    On Page 3 they say total Employement based preferences number was 162,176

    Than on page 6 they say total Employement based preferences number was 147,148

    147,148 is the limit for EB category where as 162,176 are actual issued visa numbers for fiscal year 2007





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  • new_gc
    01-24 05:20 PM
    guys,

    does texas service center still accept phone calls using the old method?...i tried calling today and it said no iio available at 2p.m texas timing....i tried till 4 ...no luck...should i drive all the way to the uscis office?or can i try tomorrow?anybody called today and got response?



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  • casinoroyale
    08-21 09:52 AM
    Thanks, what a pain. I just did a Google Business search and did not find any branches of it in USA. Is there anyway we can get this done while in US? My appt is on Monday, this means I have to go to Canada on Friday to get this deposit slip? :mad:

    Before I slowly forget all the various pain points from the past, I'm going to add this one detail that people usually neglect:

    The new process requires you to deposit a the visa processing fees at a local branch of Nova Scotia Bank and get a deposit slip to submit with the visa application when you go into the consulate. Most banks open at 9 am - 10 am. So if you have an early appointment, be sure to go there the previous business day and get the fees stuff taken care of. If not, you will find yourself scrambling to get this done at the last minute.





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  • mahujam
    07-29 03:13 PM
    how did you find out ?



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  • jnraajan
    03-28 12:03 PM
    When you search by Nationality, it doesnt return any results.
    Once you search by Category (EB), it returns results, but then when you try to sort by a column heard, it loses this restriction.

    Also, the sorting doesnt seem to work.





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  • mihird
    10-25 01:30 PM
    My I-140 doesn't have any "valid until" date on it...I believe, I-140s are pretty much valid indefinitely as long as they are not revoked by the employer...





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  • fromnaija
    07-30 08:36 PM
    Here is my situation:
    My PD is Sept 2006, EB3 ROW and I have submitted I-485 for my son on July 2. Now I am aware that come October, PD will retrogress and mine may not be current for another 3 or 4 years. My son is now 20 and will become 21 in July of 2008.

    My question is this:
    If my PD does not become current until after my son turns 21, will his 485 be approved? Or since his 485 is already submitted before his 21st birthday he will eventually get his GC no matter whenever my PD becomes current?

    I have been trying to find answers to these questions and will appreciate your input. Thank you.





    GCVictim
    08-28 05:02 PM
    I am also in the same boat. Me and wife applied (efile) same time. Mine EAD has approved. For her still pending. Both APs also pending.

    RN: 26-june-2008
    FP: 17-Jul-08
    My EAD Approved Date: 26-Aug-2008





    ashishgour
    09-10 11:11 PM
    Ordered 2 T-shirts n 2 IV Caps..
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