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Saturday, July 2, 2011

Tattoos Of Wings On The Back

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  • pappu
    08-06 03:01 PM
    Yes there are limits to salary. I will try to post more details on it when time permits and as I myself find details from my own research.

    Basically, stay above what was in your labor/140. Do not go too high, 10% per year raise is ok. Job duties should stay same or similar. You can be a sr. software programmer from a software programmer but not a VP or Architect...(you got my point).
    This is a gray area and tough to get a correct advice easily.
    This is also a big issue for our community since people cannot get promoted or take big salary raises due to this limitation. Ask people who are stuck in 485 stage for many years.

    I know a lot of people are counting days to just jump into a new job after 180 days. But make sure you factor in all the risks when you do this. Be prepared for an RFE on it.

    and BTW I am reading so many posts that say you can jump jobs before 180 days. Please do not misrepresent the Yates Memo and regulations to prove a point. You need to stck to the job for 180 days definitely. The only exception is that if you are sure that the job offer will wait for you indefinitely in infinite future when you get an RFE. Do not take immigration laws lightly. And yes, always seek advice from a good lawyer when you take such important decisions. Forums are simply opinions from people without a law degree or experience.
    will post more on this thread as I find more info

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  • Maqrkk
    03-04 05:23 AM
    Wow, nice!

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  • LostInGCProcess
    10-07 11:24 AM
    Recently, I e-filed EAD renewal for me. So, there was no issue. Give some more time, like a couple of weeks and if you don't see any change, then call USCIS.

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  • waitingforead
    09-03 07:51 PM
    Well, my forms were returned to my attorney because of some filing issue. So instead of my EAD as I was expecting I have to refile. Of course I now have a job offer that I would like to take.

    My husband (who is a US citizen) is in school and will be depending on my salary. I dont know if that counts as a big financial loss.

    Where can I go to find this out. I think my attorney i doing a less than great job in giving me the proper options to choose from.

    Any help would be appreciated.


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  • maddipati1
    05-27 01:19 PM
    during the period from July 2009 to November 2009, your extension was pending and not rejected/denied by USCIS and also your sponsoring employer did not revoke the application. so, logically it should be authorized employment. you can work with the receipt itself, if nothing is decided about the application.

    but, better talk to ur lawyer. since there is gray area for ignorant IO @ POE to misinterpret, better have your lawyer available on call during the time of your entry to explain to IO.

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  • Prashanthi
    08-21 01:39 PM
    My wife is currently on H4 and she is planning to apply for Residency here in the US on an exchange visa (J1). Let us suppose that she gets her status adjusted here in the US from H4 to J1 and then travels outside the US (say India). Then, she would have to get a J1 visa stamped on her passport. Considering that her spouse (that's me) would be on H1B, it would be rather difficult for her to prove that she would return to India. Do you think there is a greater chance of denial of J1 visa to her at the US consulate? If yes, how do you recommend we go about doing it? Your answer would be appreciated.

    LC and I-140 Approved; EB2 PD 22 Feb 2008

    The red flag is usually raised when one has immediate relatives who are Citizens or Green card holders. If you have a spouse who is on H-1 it does not mean that you intend to immigrate to the United States. However, the fact that you filed for an immigrant petition might effect her visa application adversely, the consulate is capable of rejecting for any reason and no judicial review exists if the visa is rejected. Good luck.


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  • antihero
    03-27 04:12 PM
    I don't know about legal risks but health-wise that sounds quite risky.

    I can't believe to what extent some people will go to earn money!

    Boss, don't make yourself a guinea pig. No amount of money is worth it.

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    03-30 09:52 AM
    Guys, have not heard any thing about my I-140 PP.
    I was mailed on 03/23 thru DHL. Is it normal. I was thinking they will approve it in 5-15 days?

    Any one who recently filed concurent?


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  • dealsnet
    04-01 04:18 PM
    My relative tried to get visit visa from Kuwait. He was there on visit. Embasssy rejected the petition and told him to go India and get the visa. Eventually he got it in Madras. Only residents can appear for visa interview. (residents means, locals or, those have employment or dependant visa and stamped residence in passport).

    If they are staying on a resident or employment visa in UAE they have to apply at the US Embassy in Dubai. If they are on a visit visa in UAE, they have to apply at the appropriate US Consulate in India.

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  • eager_immi
    03-02 08:18 AM
    Many times you get 10 year visa that does not mean they can stay for 10 years. You never get to stay more than 6 months and under exceptional circumstances that is increased to a year.

    First of all, does US consulate give visa valid for 2 months? I know some countries do, especially if you are applying through SOTC like travel agents.

    Ok.. to answer your question: Your parents _must_ start within 2 months from the time 2-month Visa issued. In other words, your parents must travel before the expiry of Visa in the passport.

    Once they come here, how long can they stay _legally_ in USA depends on I-94 card. Typically I-94 card will be given with an expiry date, which I belive will not be _beyond_ expiry date of the Visa in the passport.

    Hope this helps!!


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  • gcdreamer05
    11-25 12:03 PM
    Is university h1 the same as non-proft cap exempt h1 or is it different ?

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  • ravise
    08-13 12:42 PM
    a2p is ability to pay


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  • sandy_anand
    11-10 04:07 PM
    Instead of thinking of filing a lawsuit immediately, which could be expensive in my opinion, you should think about filing an MTR - Motion To Reconsider.

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  • wonderlust
    07-17 10:43 PM
    Congratulations on our first BIG SUCCESS! Your efforts, time, and resources spent have paid back!

    While rejoicing our victory, I remind myself that this is the first. There are still challenges for each individual and our community on the journey of legal EB immigration:

    (1) How will the CIS, DOS, DHS, and FBI handle the job in the future?
    (2) What will the increased fee be used for? How can we and other goverment agencies monitor the accountability?

    Let's think about what's next... Will this success be the end or the beginning of our grassroot activism? Does the present move by CIS mean efficient services in the future?

    Take care, enjoy the moment and plan for the future.



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  • raysaikat
    07-26 03:50 AM
    Has anyone requested premium processing of I-140 based on expiry of the sixth year of H1B. My 6th year H1B expires next month and I think I am eligible for premium processing.

    You are eligible only if there is *no* other way of extending your H1-B. If your labor certificate is more than 1 year old, then you are not eligible. In that case you can get 1 year extension based on the LC.

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  • srh1
    08-18 02:14 PM
    Thanks abhisam for your reply..

    The last time i spoke with my lawyer he said. we dont the stautus of my brothers h1 yet as even thought they closed the dates in May they are holding some cases in case the existing cases which got receipt are denied then they will consider new cases from the lot.

    I dont know what this means????

    Is there a possibility of H1 cases are being in pending status without any receipt from USCIS.????


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  • smohan
    07-15 03:04 AM
    Presently I am on H1B visa status, valid till March 2009. My PD is of June 2005 and I-140 was done in 2005 also, presently trapped in retrogression.

    I have a great offer from a big oil company. After my possible joining to them with H1B transfer, they are willing to start my labor also. In such a case, I want my new labor to be filed ASAP, as my son will be 21 years old in march 2008.

    In a case I join this new company in middle of August, when do you think my labor could be filed....I heard there is some two months advertising involved before filing in PERM.

    Thanks for your time guys.

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  • LCSufferer
    04-16 01:31 PM

    Congrats Kapil. Our I-485 recept dates were on 04/12/2007. Prior to last month as it was UNAVAILABLE we thought we should wait for a long time to see some movement. But now that they are avaialble we are looking forward (infact when I logged onto my portfolio, which I do almost every day to see if there are any Last Update Dates) to get ours approved. But haven't had any luck thought. We also have renewed our EADs second time just got approved on 03/24/08 (recipt dates were on 02/15/08).

    Not sure if there will be any change in the LUDs on all of our cases like I40s (converted from EB3 to EB2) and on our prior H1s and I - 485s before it gets approved but just hanging in there. Hopefully I will post here some time soon about our 485 approval news.

    Any ways Congratulations and BOTTMS UP :)

    Wish you a Happy New to you and your family too.


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  • sw33t
    08-10 05:16 PM
    Bumpity bump. Join us

    01-14 05:06 PM

    In my case I work for startup and I'm the only one who they are sponsoring for GC (rest all are either US citizens, GC holders or contractors) and my I140 is already approved, so ability to pay is not a concern with my company.

    While I have a good rapport with the CEO etc, I am nervous that they might revoke I-140 in case they have lay offs that affect me. I was looking for some articles or USCIS documents that say that there is no requirement to revoke I-140.

    Its just harder to prove that there are no such requirements other than saying "look, you couldn't find anything that says you should revoke I-140, therefore don't do it". It would be more convincing if I find something more explicit that says there is no such requirement.

    04-14 11:12 AM
    Thats because ASC are technically contractors to USCIS

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