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08-15 04:45 PM

On exploring this topic further, I found that, at times, DOL conducts an audit to check if the employer paid the proffered wage to the beneficiary after GC approval. In case of a violation, DOL bans the employer from processing further H1�s or GC�s.

On rare occasions, USCIS revokes previously approved GC�s in case of fraud.

Also during naturalization, USCIS checks the duration of employment with the GC position after I-485 approval. Naturalization might be denied if the duration of employment is very short.

Two of my friends got a letter from DOL to answer a questionnaire about the pay, paystub gaps and all those stuff.They work for different companies.
DOL is cranking up the pressure

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freddyCR

January 13th, 2005, 02:31 PM

Just a red "X"

Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed. [Archive] - Immigration Voice

View Full Version : Filling I485,AP&EAD,with I140 approved/pending for 6 months when novisa/retrogressed.

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gc_in_30_yrs

09-12 07:20 PM

If you are on bench, not getting paid, your employer normally asks you to send him a letter stating that you are on vacation. This needs to be done every month. For the period you are on vacation, there may not be any pay stubs. Once you get any project, you will send your employer another letter saying that you are back and ready to work for them.

With this approach, you WILL NOT get any trouble from USCIS or anyone. If any RFP comes, then, employer will show these documents and clear the issues. I did this in the past and all my friends who were in different stages (like Labor filed, I-140 filed, 485 filed) also did and had no problems.

But as always it is advised that to talk to the lawyer who is working on your case is best suited to answer as that person is to submit the paper work.

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EB3_SEP04

08-27 08:08 PM

Use FOIA form to get a copy of your I-140 approval notice. It is a slow process. Can take upto a year to get the document.

USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )

I don't think OP can do that, because I140 does not belong to you, it belongs to the company.

correct me if I am wrong, but I believe the concept is you are asking for copies of documents that you have filed and since you have to attach a copy of 140 along with 485, you have the right to ask for a copy. but since OP has not yet filed 485 or more precisely, has not attached a copy of 140 approval for anything, he/she cannot ask for the same.

I have heard getting docs from USCIS under FOIA takes about a year or even longer(no experience though).

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immi2006

05-24 10:30 AM

Recently in a IIT meet and IISC meet we came across a huge number of folks in EB2 on GC wait., I was told their numbers exceed 1000 plus through the internal IIT network.. so if they consume X number just in Bay area, what about rest of US. Live happily while you are here, enjoy the weather and do not pin hopes on US. Think that you were fortunate to come here in prime of youth and learnt a thing or two..

Honestly how many points we score really does not matter if the visa country cap is too low. Most of us, coming from India, China etc. score almost the same points and getting TOEFL is a piece of cake if you need to improve your points.

It's pointless to break our heads calculating these points, everything is in limbo right now and the only best advise for new GC aspirants especially those coming from retrogressed countries is locking the priority date by applying LC under the old system.

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indyanguy

11-21 02:10 PM

However, I see a spike in "Programm manager" type job where an on-shore person manages a team of off-shore developers sitting in countries like India.

What say?

What makes you say that there will be a spike in the PM jobs?

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anyluck?

09-15 01:23 PM

Obama told he will atleast discuss on CIR after health care. He knows well that Health care bill will take long time to resolve, so that he can escape. One way or other he will not do anything.

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immilaw

09-17 12:05 PM

Explain your comments more clearly - do you mean EB1 unused is not getting used by EB2 India/China? If so, this is a matter of grave concern, and yes, we need to find out more information on this. We have to wait till DOS publishes Visa number usage this year. All EB1 and EB2 numbers should be used by over-subscribed countries in those categories and by no means by EB3.

Find out/research as much as you can on this - we need to understand what is going on.

I will in the next few days and will let everybody on the forum know. As I said my knowledge is based on the information from this form and from immigrationportal.com. I will read the section thoroughly, I think it is Sec 201 of INA and will also try to get the information from other sources.

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logiclife

06-01 07:04 PM

First of all, make sure you double check everything I say here with an immigration lawyer. I am not an immigration lawyer and my knowledge is based on forums like these.

Ok.
You still have another 2 months before you begin the last year of your initial 6-year H1 term.

If you new employer is willing to do H1, then FILE H1 as soon as possible. You will get a 3 year H1 term with your new employer based on your current 140 that is approved(with your current employer). The thing is - beyond the 6th year, you can get 3 year extensions of H1 if your 140 is approved(with someone, anyone, it doesnt have to be your employer at that time). Now, if you quit your current employer and go with new one and you end up getting only 1 year H1 with the new employer(in case if you cannot somehow use your current approved 140 to get a 3 year H1), then its still ok. But have your new employer start the new GC's labor right away. That way, you will have 365 days passed when your 6 year term is over in Aug 2007, making you eligible for 7th year of H1. This is very important.

Yes, if your old employer is going to withdraw your labor and 140, then your new employer will have to start GC from scratch. That begins with PERM labor. If you file under EB2, I think you can still transfer your priority date from your old EB3 labor and 140 to new EB2 process. (however, better make sure from a lawyer).

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glamzon

07-20 05:01 PM

No Clue... on this topic ..sorry

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vinzak

04-20 06:09 PM

Hello all,

I filed for EAD renewal at TSC in early Jan 11. My current EAD expires end of April. I am just wondering how long TSC is currently taking to renew EADs.

Any experiences would be greatly appreciated. Thanks.

FYI, I received my EAD on Monday. So from application to receiving 105 days.

Took a call to the service number, scheduling an infopass appointment and a letter from my lawyer.

I think the best thing to do is setup an infopass as soon as you are eligible. I believe they do some legwork before the appt like enquiring with the EAD officer etc. before the appointment. I cancelled the infopass the day before the appointment since my online status had changed to post decision activity.

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JSimmivoice

01-25 01:08 PM

Oops mistake in my previous post, my visa stamp on the passport expired Last Year.

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07-29 01:09 PM

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txh1b

08-25 02:25 PM

The USCIS accepted that response and my case has resumed processing. So if I were you, I would have no problem taking the Engineering Manager title.

This doesn't mean much. The case is still being processed and is not a sign to rejoice or consider that your AC21 request has been accepted. The title isn't a big deal but the job description on labor and new job has to be same or similar.

I would be wary of your switch from a developer to a Manager and that qualifying for a AC21 under same/similar.

Where I work, what a developer does is significantly different than what an Architect or a manager does.

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dhesha

08-30 01:33 PM

did you ask them if the processing date on the website includes applications received on July 2 also? I know it is not clear... but maybe if you had asked them...?
Mine is July 2 and he said my file is with in processing dates and they should be working on it so I wd assume it is <=

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NolaIndian32

09-15 03:56 PM

Can you present this idea to pappu, Administrator and gsc999 via private message, please?

I do like the idea and if it has the support of IV Core, we should implement it. Please present to them so that we can have their direction.

Thanks,
Nola

I have been reading posts where suggestions of writing letters to various political figures have been raised and hopefully implemented. I have a suggestion too, please ignore if this has already been brought up and discussed.

As a popular saying goes, a picture is worth a thousand words. So, my suggestion is :

Send our pictures to these people (whoever they are - senator, congressmen etc.). We can include 2 pictures each- eg.- one picture when we initially came (5-10 years back, unmarried, younger looking, graduation picture, college campus etc.). Another picture can be a more recent one (with family, kids, in our office, professional attire, house, car etc.).

We can include a tagline behind each picture.

Now since digital photography has taken over hard copies, many of us would be lazy enough to go take prints and then send them to the senators. So, we can email our pictures to one person (or IV core) and they can hand over the package to the concerned authorities.

I know this is a very rough sketch of what is actually involved in making this happen, so please come up with suggestions/ ideas.

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justAnotherFile

07-12 11:00 AM

.. I think this is an excellent way to carry forward the Gandhigiri campaign.
We should start a campaign, pick a few congressmen (may be from immigration subcomitee, judiciary comittee etc) and every member of IV should print out this pamphlet and hand sign, data, address and send it to these congressmen.

We should also send a sample of the letter to news outlets.

This will help keep this issue in the limelight. Any takers??

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bbenhill

11-13 08:51 PM

I believe whenever you apply H1 or H4 in US, you will get new I-94 so you don't need to go outside US.

#3 : no, only show H1B approval from ur spouse.
#4 : I don't know about 60 days rule but this is like chicken and egg situation. to get paid (using H1), you will need to have SSN. if you don't get paid then you are violating ur H1 condition. so I believe the reasonable answer is you have to get SSN and a project so you can get paid and stay using H1B status (if not revert to H4 asap).
#5 : I believe you are not out of status but you are violating H1 condition.

But again, Please check with ur attorney since I am not an attorney.

Sorry if my answers will scare you a bit.

Regards,

I came to USA in March-2009 on H4 visa, I have H4 visa stamp on my passport valid till 2011 which is my husband�s valid H1 date. Then i applied for H1B through one of consulting companies. I got H1B approval in June-2009. I am searching for the project from June-2009 but, don't have project till date. So now i wanted to change my status again from H1B to H4. I believe my H1B is automatically activated on 1st Oct 2009. I still don�t have any paychecks since I did not get the project and haven�t yet applied for SSN.
So my questions are,
1.Can I apply for visa status change from H1B to H4 in USA or
a. I need to go outside USA and reapply for H4 visa in my home country or
b.just go outside USA and enter back with my current H4 on my passport which is valid until 2011?
2. Is there any alternative that I can apply for status change from H1B to H4 immediately in USA to continue my H4 visa again and can get H4 visa stamp in future when I will go outside USA?
3. Do I need to show paystubs from Oct-2009 while applying for H4 COS in USA while filling the form?
4. Is there a 60 day rule during which I need to apply for my SSN? What would happen if I delay applying for my SSN?
5. Under what scenarios and When would I be considered out of status?

Thank You in advance.

Arpu

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asiandude2

05-17 10:12 PM

Ammendment 4005 to CIR by Cornyn under the SKIL ACT states that:

(b) LABOR CERTIFICATIONS.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--

(1) by striking ``or'' at the end of subclause (I);

(2) by striking the period at the end of sub- clause (II) and inserting ``; or''; and

(3) by adding at the end the following:

(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.

We already know that following people are exempt from obtaining Labor Certifications for Green Card Processing:

(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.

If this Cornyn amendment passes does it mean that people with "a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.'' will also be exempt from obtaining LC for Green card processing.

jg888

07-20 10:06 AM

I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

Any suggestions from the community out there?

JunRN

12-28 06:22 AM

I can see it in my browser. Good news for NSC as most of the dates moved significantly. Expecting to get news on my I-140 by May 2008 or earlier.

Allentryc

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