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  • Desiguy786
    04-02 08:55 PM
    First of all, whats' the situation?
    Are you still waiting for LC, may be from BECs?
    what's the reason of RFE, if you are currently working for the same employer?

    I don't know how you can get approval by going through company B, which you can not get with Company A.

    Please give more information and certainly someone can help you quickly

    Hi Satyasaich,

    I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.



    In short, My RFE is asking for..
    Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.

    Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..

    Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.

    No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..





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  • abcdefgh
    03-29 12:48 PM
    If you apply for extnsion, please keep in mind your parents stays in US until you receive their approval extension. If they travel outside the while case pending and if they try to renter before case is approved, they will deny at POE and cancel and 10 Year multiple visa. Be very careful here.





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  • milmuk
    02-06 07:35 PM
    Hello experts,

    My situation:

    1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
    2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
    Now using ead for working with the present (second) employer as a permanent employee.
    3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
    In 2011, I used it,since my H1 was also expired.

    4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
    PD July 2006


    Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
    Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
    Using travel visa won't be helpful for longer stay.

    My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.

    Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
    Since I am working as a permanent employee, it will be easy to renew/maintain H1.

    Is it possible to convert ead to H1? What could be the consequences?

    Please advice.:confused:

    Thanks





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  • anilsal
    12-13 11:03 AM
    That is provided the dems are in pursuit of CIR.



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  • ragz4u
    03-25 12:43 PM
    As per the information I received yesterday afternoon, IV's fax provider had already sent about 21,000 faxes and another 17,000+ were in the queue waiting to be sent. I just hope the fax provider's computer/fax machine does not overheat and burn :D

    About 385 people had already clicked for sending faxes. This means that each senator will get atleast 385 faxes from IV. Not bad at all.

    At the same time it just means that less than 30% of the members faxed.

    The rest of the members of IV, what would make you guys participate in such activities in future? Is clicking the mouse 4 times that difficult? We really need to know what will spur you guys to do something FOR YOURSELF? Will you move only if you are told by the government to pack your bags?

    Please let us know what we can do to get you involved?





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  • bondgoli007
    11-03 02:23 PM
    Where did you hear this ?
    I believe the Hammond website forum has this message from the Hammond lawyers...



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  • shana04
    02-01 06:21 AM
    I am planning to use AC21 and would like to change attorney for my 485 (along with my spouse). Please suggest a good immirgation attorney.

    Also provide feed back if you have any experience.

    I am planning for Rajiv kahanna, even though he is bit expensive.

    Thanks in advance.





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  • hope_4_best
    05-14 03:16 PM
    Can someone confirm if finger printing required for both paper (by mail) and on-line AP application? Somewhere I read that finger printing is required only for on-line applicants. Is that true?

    It will save me lot of trouble as my nearest INS office for finger printing is about 150 miles away.

    Thanks in advance.

    Paper filed EAD (two times) and AP (one time). Didn't get FP notice. Got approval smoothly.
    No experience with e-file.



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  • Oct007
    12-13 09:57 AM
    Jawbreaker,

    Now we just wait and hope our names dont get stuck in the FBI namecheck and then hope that visa numbers will be available.
    (there are a few threads for Namecheck)

    If you are on H1B, keep renewing it

    If you applied for EAD and plan on using it with another employer make sure your 140 is approved and you have waited for 6 months after the I485 Receipt date before moving to a similar job.

    you might get a couple of LUD's on the 485 in the mean time. ( I got one as recent as last week - not sure what it means)

    budget money for EAD and AP renewals. Damn those are expensive now with the increased rates

    and If nothing happens in 15 months, get ready for one more FP appointment.

    check IV and other forums and help others with questions.





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  • ksvreg
    09-25 02:20 PM
    I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..

    In my case, H1B already expired. I have used it for 7 years. Now I am on EAD after 7 years of H1B.



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  • smaram1
    08-11 10:44 PM
    It would be great if any one's I485 got approved while their Name Check is Pending?





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  • fatjoe
    09-06 01:41 PM
    Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
    You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.



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  • Jimi_Hendrix
    12-14 12:19 PM
    Getting CIR passed (or even bring back to attention) may not be that easy. These types of raids are increasing and many people are thinking that goverment is doing something about an important problem.

    Bringing back CIR and passing it will entirely depend on the political moves of the two parties and important players. Any raids and resulting street rallies are not going to do anything. If you want proof just see last years momentum and what happened eventually.
    This year's political composition was different. Anti-immigrant majority politicians and do-nothing attitude was the cause of inaction.

    Next year the political composition is widely acknowledged to be pro immigration. So the results are likely to be different.

    Am I missing something here?





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  • srikondoji
    08-07 02:50 PM
    Prevailing wage for EB2 as of latest information i have is $83,200
    Hope this helps.

    Hello Gurus,

    I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2

    Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.

    I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available

    Thanks in advance
    Kukitron



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  • msp1976
    04-23 01:32 PM
    No bill was introduced in Senate. Where is the question of voting? If anti immigrants some how make waste these 2 weeks of time in Senate then there will not be enough time to discuss. Now 60% chance. If no bill is introduced in Senate before end of may it will come down to 40%.

    The S 9 was introduced in the first day of senate..
    They are gonna fill up the language any time they like...
    One fine day you are gonna wake up and find the bill getting debated...





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  • anilsal
    06-14 11:43 PM
    Can i travel out of the country after applying my 485 ,EAD and APO . My I 140 was already approved and I applied for 3 year H1B ext based on that petition ( bumped to premium this week ) .
    Any advise

    Thanks
    Adde

    You have to make a decision on whether you want to use the EAD or continue on H1B. It is dependent on how much risk you want to take. On EAD, you are free to do anything (like extra work/income etc) but lose out if your 485 app gets denied. With H1B, you have to get stamping done at a consulate for travel.



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  • up_guy
    09-27 01:59 PM
    The priority dates cannot be ported during the I-140 stage. This can be done only during 485 filing where in you have two I-140s approved and a request can be made to use the earlier priority date.

    Thats not ture. PD can be ported at the time of I-140 filing





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  • nixstor
    07-09 08:04 PM
    I am planning to go to the USCIS office tomorrow for media coverage. Any one in the DC area willing to join? This would be between 10 am and 1 pm. send me a pm with your name, number for more info. I really want to hear from the people who were ready for the protest in DC. This is a good opportunity to explain what has happened and the root cause of the issue.





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  • meridiani.planum
    04-22 07:58 PM
    You time on EAD will also be counted unless the H1 is cancelled when you start using the EAD.


    Here is a situation....

    Assuming you are on H1 and have completed 2 years.. And would like to use your EAD.. After using your EAD for one year if you want to come back to H1 - it is possible. - If your employer has cancelled your H1 when you started using the EAD you will have remaining 4 years.. But if he has not cancelled then your time on H1 will continue to be counted along with EAD and you will have only 3 years remaining on the H1.

    nope. your H1 status clock automatically ends when you change to EAD. It does not matter if your H1 is officially revoked by the employer.





    abracadabra
    05-30 02:22 PM
    The window closed automatically, no luck





    nogc_noproblem
    04-09 04:22 PM
    My friend, who applied (during June 2007) for his EAD renewal around 60 days before his actual EAD expiration date, haven't got it renewed in time. After the expiry date, his employer asked him to come to work only after obtaining the renewed EAD. He has been told that in case of EAD it is not legal to work just with receipt.