Friday, June 10, 2011

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  • hebron
    10-05 09:43 AM
    How about Bangaram Islands, if you like snorkelling ..





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  • glus
    09-28 07:31 AM
    Hi Everyone

    I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.

    My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.

    Please help me out. Tell me if any of you have gone through similar issues.

    Thanks!
    The fact that the company paid you less than the labor stated does NOT matter. Remember that I140 is for a future employment offer. I140 checks if you have the qualifications for the offered job and if the company can pay you the prevailing wage WHEN you get that job; and when your GC is approved. However, you company must show that at the time of filing it was ABLE to pay you the prevailing wage or more. This is easily done by supporting documents such as taxes and other financial statements.
    The company does not need to pay you the prevailing wage when you file I140, but it needs to show that it could pay you such a wage if that was needed.
    Any qualified immigration attorney will be easily able to overcome this RFE if the company's financial position was strong at the time you filed for labor.
    You can show your W2s even with lower salary. But you must also show that the company had the resources to pay you the prevailing wage at the time labor was filed. Your attorney will write up a nice cover letter when sending out the response to your RFE. Even if the company showed net losses, but has reasonable assets that are more than the missing 8k, it can still be shown the company was able to pay you the wage.





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  • peer123
    07-18 07:57 PM
    and researched by Pappu himself. Check the archives in the last 30 days.

    bottomline: its a gray area and no one is sure. There is no law against doing it, some lawyers recommend it (Rajiv Khanna), others discourage as it could confuse USCIS and cause delays (Murthy) yet others say its simply not allowed.

    Thanks for your input... any other thoughts on this topic





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  • bidhanc
    04-19 02:47 PM
    Hi,

    I just got back from Mumbai.
    My Indian passport was issued here in the States.
    My last place of work in India was Delhi (that was in 2000,where I got my initial visa done).
    But I am a resident of Bhubaneswar.

    I opted for Mumbai as it was going to be my port of entry.
    Did not get any such warning or mail.
    So not much trouble as far as the stamping was concerned.

    Don't understand why they would try and compel you to move to your own district. This must be a recent thing.

    Important question is, if they refuse to stamp at your first choice, how do you get the 2nd appointment at your own district? And will it be worth the trouble.
    Sorry, don't know abt that.

    Bidhan



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  • lost
    07-09 01:12 PM
    its a good option to move from eb3 to eb2. Jumping from 2001 to 2005 on VB!





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  • Adam
    08-20 03:52 PM
    That's really good too! Man, we're gonna have to have a seperate contest just for owl smilies :lol:



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  • JunRN
    09-25 12:48 PM
    Consult another lawyer, a reputable one.





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  • drona
    07-09 08:43 PM
    Wish I could go but I am in California. I hope DC members respond to this. Is it too late to suggest that IV Core members use some of the funds to go to this event. It will be worth it. We could start contributing to this right away. Just a thought.



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  • h1techSlave
    02-28 06:50 PM
    Bump

    did you intend to say Dumb? ;) ;)





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  • makemygc
    07-30 05:14 PM
    Thanks for posting this. I was thinking of creating a thread for this purpose. Self filers please make sure that you file the "correct" versions of 131 and 765

    Here is a link for your reference.

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D

    Interesting thing with this new form is the re-enactment of interim EAD. We yet to get any confirmation on that though.



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  • vxb2004
    07-23 06:50 PM
    Q17: How will USCIS interpret the language of AC21 Sec 104(c) (for three-year H-1B extensions) during a period in which AOS applications could be filed?

    A17. USCIS interprets AC21 �104(c) as only applicable when an alien, who is the beneficiary of an approved I-140 petition, is eligible to be granted lawful permanent resident status but for application of the per country limitations. Any petitioner seeking an H-1B extension on behalf of a beneficiary pursuant to AC21 �104(c) must thus establish that at the time of filing for such extension, the alien is not eligible to be granted lawful permanent resident status on account of the per country immigrant visa limitations
    It means if you have aa approved I-140 and your priority date is not current (Which will be after August 17th), you will qualify for 3 year extension of H1B. Hope this helps.





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  • chanduv23
    07-11 12:31 PM
    Bump



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  • GC_ki_daud
    03-13 03:17 PM
    Hello Members and GURUS,

    One of my coworkers I140 was rejected today. His application was made in year 2006 . The reason for his rejection was that too many GC petions filed by the company. And the USCIS asked the Company to show the ability to pay him and all other "78' applications that were made by my employer. Out of the 78 many have their 140 cleared since last year or more than that.

    My fear/question is weather the explanation asked by USCIS to show comapany's compentency to pay all 78 petitioners could jeopardize all of them ??





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  • danu2007
    07-12 11:25 PM
    Please sign your petition and give support to Congresswoman Lofgren's requests from her letter dated July 9th, 2007. Doing so is the only way we can begin to restore fairness to this process.

    http://www.immigrantslist.org/page/petition/Chertoff

    so far only 2037 signatures..needs 5000 or more signatures

    Update: The site says the number is 6379..Thanks for all those who signed the petition.If you haven't signed please sign..



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  • vaishnavilakshmi
    06-20 10:48 PM
    - Got wife's maiden name changed when I lost her passport... couple of years back. Recollect it took ~a week.

    - Present Indian immigration statuc: ECNR, etc. - check your password. It should be ECNR if you've travelled this far... :)

    - 16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)

    Don't recollect needing any of the above numbers.

    - In our case, it was new passport in lieu of lost passport.

    If you get in early (i.e. before they close for lunch, but preferably as soon as they open) they'll help you out with all that - generally nice & friendly folks in CGI.

    jazz

    Hi jazz,
    Iam sending my passport for name change to sanfransisco by mail.I don't live that state.I leave in oregon state.So who can help me in this matter?

    vaishu





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  • nish17
    06-20 02:41 PM
    Is copy of approved I140 required for filing ?
    Will just having a receipt notice of I140 do? My 140 is approved but I don't have the approval only the copy of the receipt notice.

    I understand that attorney is the best to answer this question, but still thought of posting to get an idea to see if it is possible to file 485 without copy of approved I140.



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  • GCard_Dream
    07-28 05:07 PM
    In other words there isn't really any harm in using the travel doc so long as you don't use the EAD and maintain h1/h4. This is good to know. However, I am still thinking about technical details like whether to surrender the I94 or not on the way out and whether I should show both H1/H4 and travel doc to the IO at POE.

    When i asked my lawyer, they said that this is not true. You can come back with travel documents and still continue on h1/h4. You lose your h1/h4 status only if you use your ead card.

    Ar





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  • vin13
    10-09 05:06 PM
    The only good part is that they are not jerking the dates back and forth. Hopefully this is a sign that dates are not going to retrogress any further.

    If they apply quarterly spill over, we should see some movement in December. Lets wait and see......





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  • Alabaman
    09-07 12:20 PM
    Please delete this thread... it is off topic and irritating.





    baburob2
    06-04 02:00 PM
    Hi,
    My H1b visa stamp is of Company A with expiry date Dec 1, 2007.

    I work for company B. I have gone back to India and came back with company B�s 1797 and company A�s visa stamp last year (October) without any issues. So we can come back on our previous H1 B visa stamp if we have a valid 797 with us at the port of entry.

    My question is below.

    Company B�s 797 is going to expire in Oct 24 2007 and I have to travel India during this time and will be entering USA again on November 11th 2007. I am soon going to apply for new 797 with 3 year extension with the same company (i.e B). Assuming I get the extension with 797 till Oct24 2010. Can I still enter USA(on Nov 11,2007) with the old H1B stamp pf company A (expiring on Dec 1,2007) and new 797 of company B(expiring on Oct 2010)

    I am also going to talk to my lawyer regarding this. Just in case if someone has anything to share with me, I will appreciate it.

    Thanks
    To my knowledge you could do it. However make sure you travel out after the approval of your new H1B. But you might not be given I-94 till the end of 2010, they sometimes give it only for extra 2 years ie till 2009. HOwever plz check with your attorney.





    ampudhukode
    03-24 06:57 PM
    Tom,

    He is in India and has always been so is there an equivalent of W2 there ?

    The other option may be possible, get something for car loan and so on.

    ampudhukode

    You may not need the exp letter from the current company for stamping if the H1 is for another firm. You may better keep the w2 and/or 3 recent paystubs. How ever, you can request exp letter from the company for any reason. (Example: Applying for loan/home, etc). It does not matter whom its addressed to as long as it contains your job start date, salary, etc.



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