Wednesday, June 8, 2011

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  • harrydr
    09-01 01:51 PM
    Google G639 (http://www.uscis.gov/files/form/g-639.pdf) form for the pdf version. Here, it's already done. Just click on the link it will take you to the form you need to request the information. Fill it completely in as much details as possible and then get it notarized for your signature at a bank. Once notarized, mail the form out to the address shown on the form.

    My personal experience:
    I followed the exact procedure as explained above and it took me 3 months to get everything i requested as a pdf document files on a CD instead of paper copies. It depends upon how many requests they have in the pipeline. 3 months is not bad i think. Good luck for your request.




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  • supers789
    07-11 04:13 PM
    Fragomen PERM Audit - Response Time??




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  • hary536
    05-18 07:41 PM
    Hi,
    My Company has decided to have a force shutdown one day per week starting from this month. So now we will be working 4 days instead of 5 days. We also cannot use PTO during these days. So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only.

    Does this affect my legal H1 status? Will i still remain in valid legal H1 status, even if i work and get paid for 32 hrs?
    Am i still considered full-time? Or is there any amendment needed to be filed? How can i determine, if there is any amendment needed to be filed? If needed, does the company have to file both H1B and LCA amendment or just LCA.
    When one files amendment, is it like again the entire process of H1 approval and can the amendment be rejected?
    Also if they file LCA amendment, then do they have to show and pay the salary according to current year? or the year when they initially filed my LCA first time?


    If i try for H1B transfer after few months,can that be denied due to paychecks of 32hrs salary only used for H1 transfer?

    Pls help, if you have any idea about this kind of situation. Lot of companies are having shutdowns and salary cuts this year? How is it handled in your companies guys?

    Currently, I am working on H1B since Oct'08.
    My company has decided to have forced shutdown 1 day per week. So All employees will be working and paid for only 32 hrs instead of 40.We cannot use the paid leave also.
    In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K

    My questions:
    1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
    2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
    3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
    4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
    5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?

    Anyone pls advise? I am really tensed.




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  • lost_in_migration
    05-15 09:55 AM
    Nice to see a handsome number of PD Current ppl still visiting the site ;)



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  • Chicago Desi
    08-23 01:11 PM
    No, I do not have a EAD or AP. I did not apply for them. I am planning to keep extending my H1 and not get into the hassle of EAD and AP every year.

    Though its your decision but having EAD and AP in my hand (whether or not to use them) would give me some hope.




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  • dionysus
    01-24 11:24 AM
    My view is that IV must reassess and realign its goals. The goal of I-485 filing without a current PD is too ambitious to start with. Remember, I-485 is the most time-consuming and lengthy stage of a GC, what with security and background checks, tax records checks, prior legal stays in US and medical tests to name just a few. CIS is swamped with many I-485 applications as it is. If it opens the flood gates for 485 filing, its system will simply collapse under the stampede of estimated 1 million GC seekers. There is no chance in hell that CIS will throw open the gates of I-485 filing for all and sundry.

    Moreover, there is this case of spouses becoming eligible for jobs after I-485 and EAD filing. No politician is going to stick his/her neck out on this. Remember, politicians are driven just by people�s mood, and average American simply despises any additions to his or her dreamland.

    In the light of this revelation by me (hint - just kidding), IV must set realistic goals for itself. One of which is greater flexibility of movement between jobs for a GC seeker. In short, the GC stages that have been completed by a GC seeker should remain completed even if the GC aspirant moves between the similar profile jobs. So for example, if an applicant whose labor has been cleared leaves the job after this stage, at his/her new job he should be able to file I-140 at his/her new job without having to file a labor all over again. All that the applicant should be asked are the papers confirming the old labor approval and a supporting letter from the new employer that the new job matches the old job description.

    Similarly, applicants with approved I-140 should be allowed to switch job while still retaining the validity of old I-140. At the new job they should not be required to go thru the first stages again. An employee should be able to attach his/her approved I-140 from a previous company at the time of filing I-485 in the new company instead of being required to obtain a new I-140 approval.

    This is the goal that will sit easy with the politician, because it does not add any new job seekers in the employment market. Also, it has the ring of more freedom for the workers, some of them are actually stuck in a quasi-slavery like situation in their companies in the hope of a GC. Words like these are going to have more impact on politicians rather than a clamoring for employment authorization documents.



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  • liorsal
    01-14 02:53 PM
    Only H1 reform is likely by feb 15th.
    what about 485 relief????????




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  • bluekayal
    08-21 07:16 PM
    To the red dot distributor

    You said to me:

    "Doesn't make any sense....let them then work on the SRs instead of answering calls...bottom line is that pointless calls are taking time away from real work."

    These calls go to the IIO (ay-ay-oh!) not to adjudication officers. Now, why don't you stop distributing red dots? So rest easy, your GC will come when it will, red dot, or no red dot.



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  • jonty_11
    08-15 12:47 PM
    Thre is a lot of hurt on these forums related to substituted labor..so help will be slow to come.




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  • hydubadi
    07-23 08:41 PM
    Hello,

    I already opened a thread on this. does any one has answer for this.

    I am in a process of getting name change for my wife on pending I485. This is because her first name is given as 'FNU' by USCIS on the I485 file, EAD and A.P. As she did not have first name in passport.

    We recently got her name change on passport by adding my(husbands name) as SURNAME. Now we want to refelect this change on EAD and 485.

    For this amendment my lawyer is charging $400.
    I want to know, if we can do this amendment on our own and avoid lawyer. Do any one on this forum know how to deal with this situation. Please let me know.

    Your answers are highly appriciated.

    Thanks,
    hydubadi



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  • dreamworld
    12-13 04:05 PM
    I'm thinking about pursuing maser degree of Biostatistics.
    I heard the job market demand is high and
    most jobs require master degree at least.

    As a research assistance, biostatistician, research analyst..

    Could I apply as EB2 ?
    Am I qualifed?

    To your question:
    Yes, You can apply under EB2 with Masters degree.

    But do your own research on pursuing masters. It will take alteast 2+ years to complete and land on a job. The GC process and Economy might swing back or forth without your control.




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  • GCOP
    06-23 02:46 PM
    I know that, we had not been successful in earlier years for this bill. But, as CIR chances are very uncertain, we should concentrate at least only on this Visa Recapture Bill this year. Passing of this bill will reduce backlog significantly. Let us focus on this bill .



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  • solaris27
    03-13 08:32 AM
    no its not true . I have Canada PR and to get citizenship u need to be in Canada for 3 years .

    http://www.freewebdirectoryweb.com/




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  • UKannan
    04-26 04:47 PM
    Hello All,

    Sorry for the post outside immigration boundaries.

    My wife with 2 toddler kids will be traveling to India via Lufthansa.

    I wanted to know from recent experiences how many check-in bags are allowed per person. My kids are 4 yrs old and they have a full ticket.

    I know that some airlines only allow 1 checking per person, but wanted to know about Lufthansa specifically.

    I could not find a clear answer on Lufthansa.com for baggage allowance to either India or Asia.

    Thanks in advance for all your help.

    Please call Lufthansa's customer support number!!



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  • jliechty
    January 6th, 2005, 10:57 PM
    A tip - use a mask on the upper layer instead of an eraser; it's easier to change later on and fine-tune if you'd like. Of course, you could also use a Channel Mixer adjustment layer with mask to make fine adjustments to the B&W conversion. :)




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  • adusumilli
    09-28 09:23 AM
    Check the signature.



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  • small2006
    07-11 11:35 AM
    Hi Folks,
    I am one of those guys who has EAD/AP and as per the latest (Aug 08) bulletin, my PD is current.

    I just called USCIS and got my 3rd service request number since Oct 2007. So far nothing has happened.

    I want to know if this is going to have a negative impact on my 485 approval in anyway? Am I not supposed to have my FP done before they can approve my 485? Isn't that a pre-requisite? I just don't want to miss one more boat due to USCIS screw ups.

    Please advise/suggest...

    Thanks.

    Moderator: apologies for cross-posting but I needed an answer soon.




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  • webm
    01-23 10:19 AM
    Sounds great..esp TSC dates.




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  • add78
    06-11 08:56 AM
    This is a first step in the full reinstatement of PP for 140. As USCIS has said before, due to the immense backlog they cannot adjudicate all 140 PPs in the 15-day window but they are in need of the extra $1500 that PP fetches them. This will enable them to get a little more $$ for a relatively smaller 140 cases upgraded to PP which they could adjudicate in 15 days. It also alleviates the stranded folks who could not extend H-1 if Perm was <365 and 140 pending. Let us see in time (a few months at least) how much backlog is cleared as USCIS diverts more resources to 140 cases.




    Project_A
    11-11 10:48 AM
    Thank you for the post. It is really helpful. May I know if the new job should be >=50% different from the current job (EB3) offer? Or it doesn�t matter because of the MS requirement?

    Thank you
    Project_A




    s416504
    11-17 10:40 AM
    Your reply looks OK except your lawyer's suggestion to inform employer about parole status. I don't mind informing employer but the Question is "Is that mandatory to inform employer ?" I think Lawyer's intention could be we need to inform employer (as well as lawyer ) about AP during applying next H1B extention.

    Thanks...

    Here you go:

    If you use AP to reenter, you will no long in H1B status, and you will be a "parolee", but you may still work under the authorization of the original H1B term for the same employer; at the end of the period, you may apply to extend the H1B and then you will get your H1B status back....Sounds not logical, but this is current the CIS interpretation of the regulation.

    If you lose H1B, your dependent may no longer on H4; you may keep working for same firm without using EAD until the end of current H1B but you need let employer know that you enter with AP.

    Please consult a immigration lawyer and get clarification, above is the reply I got from my lawyer when I told him about using AP while re-entering US.



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