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ssreenu
05-12 02:15 PM
Hello,

Is it possible to file I-140 without joining the employer? Can one join the employer after the PERM and I-140 are approved? Any risks in this case?

Thanks
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meridiani.planum
06-03 12:40 PM
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

Each month visa bulletin is preceded with a demand data. So bulletin should come today or tomorrow.


Check out data for China. It shows significant reduction from last month. Expectations are low for India but China will advance a lot in July.

If spillover kicks in (& it should in July) then both China and India will have to move together (exact same cutoff date, because the law says spillover visa's are to be used evenly by those in the same category. USCIS has been doing horizontal spillover, so all EB2's will be equally eligible and have the same cutoff.
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tw00ne
06-26 12:13 PM
1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.

2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.

The lawyers that created those laws must have been on something ...

Thanks
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raysaikat
12-25 04:01 AM
Friends,

I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.

Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).


I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140?

Yes, that's how a spouse would submit I-485 petition.

If yes, would she continue in F1 status (or what will her status be?).

Her F-1 status will no longer be valid; she will be in the so-called "AOS".


Any other potential pitfalls in this particular scenario?

Any pointers would be useful.

Thanks in advance.
MC
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dog123
01-11 09:23 PM
Thank you
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fromnaija
10-18 11:03 AM
Hi,

I anticipate an inevitable situation arising out regarding my parents' health, that would require us to move back to India sometime in 2007. My EB2 NIW PD is Dec 2004. Does somebody out there with knowledge about issues and procedures connected with transferring from AOS application to Consular processing in India?
Thanks.

-gg_ny

You can change from AOS to Consular Processing. It's the other way around that's not possible. I wish your parents a speed recovery of their health.
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cse9423
10-13 10:35 PM
I have applied AP for my family 3 weeks before. My wife needs to go India by end of next month. If AP approval doesn't come to our hand by next month, can she leave the country? If she shouldn't, what are the alternate options? I appreciate your help.
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senk1s
02-21 05:03 PM
usually a CPA can give an audited report ...or the bank auditors can
Is the company a Corp, LLC or sole prop?

The tax returns for FY2002, 3 (accepted/filed) can show the Nett Equity of the company - that should be greater than the (total) difference between the PW and actual salary
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beautifulMind
04-22 02:38 PM
so what do we do now..How can we get the accurate wage

http://www.flcdatacenter.com/OesQuickResults.aspx?code=15-1034&area=45300&year=9&source=2


if we go there the jobzone is NA and hence the salary cannot be accurately determined hence by rule just out level 1 wage

O*Net� JobZone: NA
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B+ve
04-10 12:12 PM
Gurus, any thoughts or suggestions please...
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ajaykk
02-21 01:36 PM
Just a quick update, the company B confirmed that they are going to provide me EVL mentioning me as FT. I gave them the below format which I got from the forum and they are ok with it. Now my question is do I need to invoke AC21 when I join company B, will there be any issues to my wife who is on EAD with my original petitioner A?

Employment Verification Letter
From: Date: 03/08/2011
XXX,
Sr Manager,
Company Name.
Atlanta, GA

To:
The Director,
U.S. Citizenship & Immigration Services,
XXX

Re: Employment Verification of Mr.ABC
Dear Sir/Madam,

This letter is to certify that Mr.ABC has joined <Company name>. on 7th March 2011 as a Senior Software Developer) with an annual salary of $XXX.
Although, his employment is at-will, he will be working as a permanent full-time employee.
His duties at <Company name> include:
� <Duties>
We expect to continue to utilize his skills in this position after approval of his form I-485 and subsequently, his approval of Permanent Resident Card (Green Card).

If you have any questions you are welcome to contact me.

Truly Yours,
XXX, Sr. Manager,
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hope_2007
03-28 02:12 PM
Hi all,

The Coalition for Comprehensive Immigration Reform (CCIR) has announced today (3/28) and Thursday (3/29) will be National Call-In Days in support of the Security Through Regularized Immigration and a Vibrant Economy (STRIVE) Act of 2007.

Here�s the official announcement:


Greetings,

Wednesday, March 28 & Thursday, March 29 are NATIONAL CALL-IN DAYS in support of comprehensive immigration reform.

Congressmen Luis Gutierrez (D-IL) and Jeff Flake (R-AZ) have just introduced bipartisan comprehensive immigration reform legislation. The immigration debate is moving forward and Congress needs to hear from you!

Call this number and follow the instructions to connect to your members of Congress:

1-800-417-7666

Tell your representative that we NEED COMPREHENSIVE IMMIGRATION REFORM NOW! Comprehensive immigration reform is the solution to fixing our broken immigration system, and now is the time to act. Families, workers, and communities across the country are counting on Congress to get it done, get it right, and do it now.

You can help make it happen with your phone call. JOIN THE EFFORT!

Source: http://www.knightopia.com/journal/?p=674
I hope all of you who encourage the STRIVE ACT 2007 would join the effort try to make this happen.
Thanks And Hope for the Best!
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a_yaja
06-05 05:02 PM
Just want to know that is there any law
which help to get overtime for full time employee.

I know if you consultant you get paid by hours but not when you become full time employee.

Overtime is paid only if you are a non-exempt employee - usually means you get paid hourly. If you are an exempt employee, then you are not eligible for overtime. Not sure if this is different in different states, but that is how it works in Ohio.
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continuedProgress
08-04 02:20 PM
I had applied I485 via my previous employer in 2007 under EB3.
I am planning to upgrade to EB2 by applying new Labor Cert and I140 via my current employer.
Do I need to file a fresh I485 again?
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teachamerica07
09-23 12:30 PM
No you cannot . You can only teach Math at this time.

Is ESL offer from the same school that sponsored you for math H1?

If it is, then ask your lawyer if the school can do some paperwork so that ESL can be added to your approved H1 .
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waiting4gc02
02-28 03:31 PM
Thanks for the suggestion.

But she has to travel to India in the next 2 weeks and also my I-797 will not be approved till another 2 months.

Anybody else has any other suggestions for the question above.

Thanks
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zephyrr
05-22 09:40 AM
my lawyers have indicated that i would need a 551 stamp in the passport if the card doesn't arrive on time, using AP etc is not an option.

anyone been through this situation and has more details?

thanks
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gc_user
11-28 08:29 AM
Any updates please????
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LegalIndianInUSA
09-11 03:11 PM
Can someone suggest how I can go about getting some clarification from USCIS regarding the usage of H1 post AP (i.e. in Parolee status, can a person use H1 797 approval to work)

Yes, there's the May 2000 interim memo (which is unfortunately not available from the USCIS website though) and even the memo is not very clear on the subject.

I was thinking of writing to the Ombudsman and having them get this clarified. We get different opinions from different lawyers. I'd like one straight answer from the authority who's "interpretation" matters : USCIS.

So, can IV take this forward with the Ombudsman or should I file a 7001 or something with them?

Thanks,
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ramaonline
01-12 12:56 AM
eb2 requires bachelors plus 5 years experience or masters plus 0 years
the experience must be gained prior to joining the gc filing employer if presently working for that employer

The job description determines the EB2 eligibility - what are the requirements mentioned on the job desc?
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devd
09-11 04:17 PM
Thanks for the reply,

Can i call USCIS or it should only be attorney or some authorized persons?

I agree, Online status is unreliable, but the recent update about undeliverable looks quite straight forward.
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