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  • smisachu
    05-21 11:06 AM
    Thanks guys. I am going to Lake George by NY-Canada border and this seems like good info. But I am from NJ and we have the new tamper proof Drivers licenses which show immigration status and you need to produce all immigration papers to get one. Isn't that enough??





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  • number30
    04-15 11:20 AM
    Hi,
    I am on H1B without job and no paystubs.
    My employer has been trying to find a project for me but till now he couldnt get anything.
    Its been 6 months alreay since I am on H1B visa.
    He made me modify my actual experience to include fake projects .
    Now I am thinking of filing a complaint to DOL.
    I have my H1B petition and offer letter from the employer.
    But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
    What should I do? Will DOL take any action against me?
    Any success stories of DOL complaint filing?

    Can you explain what did you fake and where did you fake? In most of the cases which invovles employee augmentation kind of jobs , consulting company is the one which submits the resume. So you may not know what he is putting on your resume.





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  • fcres
    07-12 04:43 PM
    I think it is true that once you are counted in the cap you will not be counted again. so you can switch back and forth H4 and H1 without being counted in the quota.

    This is what my lawyer also told me when i asked him about being on H4. I'm on 9th yr ext with approved I140 and my spouse is on non-profit H1.





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  • yibornindia
    12-19 03:36 PM
    AC21: if my new employer is open to do either EAD or H1, what should I prefer? I want to take the least risky route.



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  • greenguru
    04-01 12:26 AM
    Sure.. I was having the same question.

    Here is how it happens,

    1. When you file for your I-140 Under EB2 you also provide the A#
    2. So when your I-140 gets approved your 485 case will automatically know about this.

    What you have do
    1. Go to InfoPass and verify that your new I-140 is present on your application.
    2. Call USCIS Help desk and check. Also tell them you filed in employment based and that your Priority date is current(Ofcourse if it is current only tell them). Request them to open an SR
    3. your case will be approved in 25 days.

    For me it took 20 days after i opened the SR. The official time is 45 days to 60 days.

    Cheers, GG





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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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  • EkAurAaya
    03-19 06:43 PM
    no ones ever sold a house on H1B or EAD? :confused:





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  • logiclife
    12-31 06:52 PM
    But the way its worded now, it means no benefit for people who have no master's or Ph.D from US accredited university.

    And you have to have 3 year experience to top it. From the wording, it means probably before you filed you I-140, you need to have 3 years of experience in relevant field.



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  • arnet
    02-12 05:10 PM
    2yrs ago, my friend did H1 extension -premium processing and he filed his wife H4 extension along with his extension application. so USCIS approved both within 15 days because both are filed together.

    if filed separately, i dont think you can have premium processing for H4. check with your immigration attroney as laws/procedures changes often.





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  • mali03
    05-25 08:05 AM
    Called Kennedy's Office1



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  • kaisersose
    04-16 02:29 PM
    Hi Gurus,

    I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
    No RFE/NOID received.

    Here is my case.

    PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.

    I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.

    After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.

    Please let me know what options I have.


    Thanks
    GCWarrior

    If your attorney is right, then you have nothing to worry about. An MTR will fix the problem.





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  • doudou
    06-25 07:17 PM
    Has he already filed? Can you send in your application before July 01 dateline?

    Gene
    Thank you guys. This scares me. I believe he already filed. At least that is what he told.



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  • pbuckeye
    08-03 08:36 PM
    A beer bottle actually has only about 65 calories, so I would consider it diet food :D

    On a serious note - consider switching from a traditional breakfast to oatmeal/cereal.





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  • go_guy123
    03-19 08:55 AM
    That law is unconstitutional. INA doesnt say that everyone born in United States is a citizen. Even the Constitution says that. To deny birth-right citizenship to anyone (children of legal or illegal residents) would require constitutional amendment.

    Constitutional amendment is not a joke. This bill is a rhetorical statement, not an intent to legislate it.


    That is true...it purly show of politics. US Constitutional amendment
    is extremely difficult.



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  • EndlessWait
    12-12 03:55 PM
    Now that dates for EB2 have moved to Jan 2000 PD, it might be interesting to see if we have folks in here with EB2 PD in or before Jan 2000.

    lol..this is funny.. are you planning to issue another bulletin from your side based on the input at IV.. chill dude.. the bulletin issue science is really some rocket science, it defies all the fundamentals of mathematics and gravity...actually its more like 6-flag ride..rush of adrenalin..swaying on both sides..oh god its making me so dizzy....

    :(





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  • maverick13
    04-19 07:18 PM
    My H1B was filed with job title "RF Engineer" which comes under "Electrical Engineering" in 2004. My first 3-year term on H1 expires this year end and employer needs to file for renewal for next 3-year term.

    My LC as well as 140 were applied and are approved for the position of "Electronics Engineer" which is my current position.

    Essentially Electronics Engineer position is a superset of RF Engineer/Electrical Engineer positions, job duties are pretty much the same.

    So now when I apply for my H1B renewal/extension does employer have to write the current position (Electronics engr) or the position on which H1B was filed first (RF engr)?

    Any inputs appeciated...



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  • Munna Bhai
    11-15 04:27 PM
    This may seem as easy as it sounds, but could you get into trouble. Along with EVL USCIS also asks for pay stubs and W2s for RFE. This is to asses your intentions of continuing the job as mentioned in ur labour. Eventhough GC is for future employer. if USCIS finds out that you are not working in a job which matches the job description, it could create problems.

    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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  • cleopatra
    02-17 08:36 AM
    Story 2

    Imagine this. You are old. You are talking to your grandson in your native tongue about the need to utilize an opportunity when it presents itself. You say to him, who is listening with great interest.

    "You should always look out for opportunities for it does not present itself explicitly except very few times. When you see it, you should grab it and use it for your to benefit from it.

    I will tell you about some things that happened in my life so you can relate to it. I had this dream of settling in America. I had good job, good pay, nice family and generally a pleasant life.

    After a few years, I liked the way of life and wanted it to continue forever. But I could not continue this unless I get this thing called greencard, which let me stay for as long as I wanted and work anywhere I wanted. In those days due to many reasons and problems it was very difficult to get one. But I was patient and kept waiting.

    There were a group of people who wanted to get together and solve the problems so that the wait time is eliminated. They knew how to get a solution to my problems of getting the greencard sooner. But they needed help from everyone like me so that we could get solve our problems.

    At one point, they wanted people like me to go to the capital and talk to different people who had the power to solve our problems. This would help them understand the issues faced by people like me and help address them.

    But at that time, I had other things to do and knew that there are others who would chip in and work together and solve this problem.

    But then I realized, this green card was very dear to me and I had waited patiently to get it. If I do not work towards something that I wanted, who would?

    So I participated completely and did as much as I could to help myself. Our group suceeded and I got my green card. I could continue living the life and dream I wanted.

    When I think back about what went right, I realize now that the reason is I saw the opportunity that presented itself to me - To join others and work together to resolve my problems and grabbed the opportunity and utilized it to my benefit.

    Thinking back, it was actually a no brainer. Once I realized that if I did not do something, nothing was going to change, I started participating. I guess others also thought of it the same way.

    So there was a big crowd in the capital and we explained our problems. It was a sizable number of people explaining the problems. Others who could not make it to the capital contributed in other ways for the event.

    So our problems were recognized and addressed. I got my greencard and later citizenship of this great country. Remember, it was not an easy journey, but once I decided to participate and resolve the problems, it became easy.

    It was a pain to wait for my green card. But once I started participating and working towards the solution and I guess others must have also thought similarly, I was able to get what I wanted.

    So realize this. Always look for opportunity. When it presents itself, grab it and use it and do what is necessary to reap the benefits. You will not regret it."

    Which of the above stories do you want to be in?

    Be active. Participate.





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  • little_willy
    11-25 11:00 AM
    Very true. This is what I did, i changed jobs but still retain the attorney from the previous employer. Also, I did not submit AC-21 papers as suggested by my lawyer. Again, this is your choice.


    on a related note for other AC-21 filers: see if you can hang on to your older attorney. You might be able to retain them independent of your old employer (by paying fees on your own). Keeps the USCIS file clean, and also you stick with someone who presumably knows your case a bit better having worked on it from the start.





    moe
    02-11 10:35 AM
    thank you for repply.i try to stay legal here much as everybody but sistem work slow and put me out only for 3 monts. since then i fight to get my statu back .and i will get it back soon or letter.
    thank you for tread me like humanbean.

    Some people did not notice that you are not illegal immigrant, you are going thru legal process just like everyone else here. US legal system provides a way to reconcile overstay/out of status situation.
    Anyway, you cannot use your lottery case as that visa number expired back in 03.

    and for others people here..
    one day you can lost you statu here because you lawyer or some difirent raisen.. then you will fell how i fell..
    i hope you guys get you gc soon..
    no more post for me .goodby





    waiting_4_gc
    01-18 01:54 PM
    Great idea. We are getting another opportunity to meet with our NorCAL IV members.
    I am in.
    Can someone PM me with more info about this event?