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  • rvr_jcop
    02-17 11:33 AM
    Ok ..
    Now I dont want to change my employer .
    But my employer doent pay when I am on bench . So I may not having paystubs after March .
    Will it cause any problem to H1 extention ?

    Ofcourse, if H1-extension requires the last couple of pay checks, there is a possibility they would ask for the 'latest', as opposed to March pay stubs, if you apply for extension say in August. Again, if you apply for extension in April with March paystubs (within 6 months of expiry), then there is a less possibility. But you cant rule that out if they ask for latest stubs in the potential RFE in the future. So its up to you.





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  • franklin
    06-14 08:04 PM
    I was told that as long as your priority date is current, you can file for AOS.

    As soon as your application gets to the service center, and assuming your PD is current, it makes no difference what it ACTUALLY is. At this point, it goies to "whatever system they want to use" and has no relation to PD, but more to the RD of application





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  • gc_buddy
    04-04 05:24 AM
    There is a substantial amount of financial adjustments required. Infact that is the reason why it is being delayed.


    Just to add, The Ability to Pay must be provided as of the priority date and continue until such time you recieve legal residance. If you are making fianancial adjustments as of today they may not be of much use..Just make sure of this when you or your employer makes financial adjustments..





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  • hsingh82
    04-22 04:47 PM
    You need not worry about your old H1 and also you can use the current visa to enter US as long as it has more then 6 months validity period.


    Can you please tell me the source of this "6 months" clause? As per http://immigration-information.com/forums/showthread.php?t=6026 and http://www.murthy.com/news/n_immrum.html there is nothing about 6 months. Is there some new memo which specifically mentions 6 months validity of existing H1B?

    Thanks!



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  • crystal
    12-06 09:33 AM
    NSC people have gotten 3 copies. but I think both TSC and CSC people have gotten only 2 copies. There is no need to worry I guess.

    I just have 2 copies of AP.....should I have gotten 3????.
    Please advise





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  • sanju_dba
    09-14 02:31 PM
    I agree with you. On that thread people are complaining that they should not have to register to vote. How do you expect them to spend time taking out their credit card, entering the 16 digits using keyboard and hit the submit button really hard.

    You are asking Desis to give $10. Forget it. They would spend $10 on Mango Lassi for themselves.

    I bet that attitude changes when it comes to raffle !
    besides, its 1:2000 chance ( want to make it 1:100 , its upto the model ) , i guess its far better than those lottery tickets sold.



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  • xbohdpukc
    01-09 02:11 PM
    why are we assuming that the parents are illegals?? as far as I know, it has not been reported anywhere in the media that the parents were here illegally. if it has, please post relevant links.

    as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?

    For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....

    legal resident is incorrect term for tax purposes. IRS treats you as a resident for tax purposes. LEGAL/ILLEGAL terms are borrowed from the immigration law realm and I believe that it was the intent of the contest rules. I also agree with the point, that TRU were just following the rules and they should not have changed their stance on the matter.





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  • vinabath
    03-24 03:24 PM
    You are a senior member. Why are you creating useless thread? People browse IV forums for valuable and important information. People (volunteers) works extra time on limited resources to have this website up & running. I do not understand what made you start this useless thread and waste others time?:eek:


    I am sorry man, I did not think from your perspective.



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  • bostonian28
    02-17 08:09 PM
    As far as I can see Yates memo is what is addressing this issue specifically, based on that I think you should be good, i.e your current employer cannot revoke 140 (please see yates memo)......

    It is my opinion....





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  • gc_chahiye
    12-17 03:22 AM
    Team,

    Here is my situation: I was working for a company A as a systems analyst and filed my GC on July, 2004 in RIR. Got the Labor approved in December 2006.

    But I have transfered my H1B to company B in November, 2005 as a systems analyst and filed my GC in Jan, 2007 in PERM. Got my LC and 140 approved in April, 2007 + filed AOS in July, 2007. Still I am continuing my services with company B on H1B (H1b expires on Sep, 2008).

    I am having difficulties with Company B, they are creating problems and planning to lay me off soon. I am very much concerned and worried about it since I live with two little kids.

    My previous employer (company A) willing to take me back but I have the folloiwng questions and would really appreciate and thank you for your answers.

    1. If I want to keep my status with H1B only and transfer my H1 to company A, will that cause any issues to my AOS of company B?


    if your new employer revokes your I-140 before 180 days of your 485-filing, your AOS is gone.


    2. As I mentioned company A has my LC approved, if I transfer my H1B to comapny A, can file my 140 with company A again? If Yes, will that impact my AOS of company B?


    you can file I-140, it does not impact AOS from B. In fact at this stage (assuming there was no fraud anywhere) if you simply wait 180 days past the receipt date of your I-485, even B cannot harm your AOS...


    3. If I transfer H1B and continue my services with company A, how does we port ACT21 to my status? Is it must to use EAD to use ACT 21?


    wait 180 days past your I-485 filing, then just do an H1 transfer to A. Using EAD is not mandatory.


    4. If I jump on ACT 21 using my EAD from company B to company A, can I file my 140 with company A? if Yes, will that impact my AOS of company B?


    you cna file a new I-140 with A, it does not impact AOS with B. Once htat I-140 is approved, you can even consider interfiling it into your existing 485, so your PD is automatically bumped up.


    5. If I change the employer after 180 days, current employer (company B) will have any authority to create any problems with AOS or with approved 140?


    they can withdraw your I-140. That DOES NOT impact your AOS in any way.
    Wait 180 days, and you are safe from B.


    6. If I filed my 140 with company A and got denied, what happens with AOS from comapny B?


    typically nothing. In rare cases USCIS has gone back to look at previous petitions. If the reason your I-140 with A is denied also applies to the I-140 with B, they can go back and revoke that too. However its extremely rare from what I know.


    Guys once again I really appreciate your time and please give me some suggestions as I am very badly in need of your help.


    just chill. The most critical thing at this stage is to allow teh 180 days to pass peacefully without getting your GC sponsor worked up.

    Confucious had said, when it comes to 485 and AC-21, be smart and patiently wait for the time to pass before you transform from your pre 180 days avatar (http://www.forparentsbyparents.com/images/cute_baby_2006/cute_baby_nov06_ruby_400.jpg) to your post 180 days avatar (http://www.niten.org.br/artigossensei/cafecomsensei/mai2007/killbill.jpg).



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  • psk79
    05-31 12:02 AM
    Sure that helps...

    I didn't get what the below means

    "this iwll come iwht a new I94 and u wil hten b in h1b...Otherwise, u go out of the country and enter back showing h1b approval and get a new I94 at POE that will say h1b..."

    I mean the new H1 will come with a new I94 attached to it and ur status automatically changed to H1.





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  • sledge_hammer
    02-18 12:08 PM
    If the question is whether AC21 can be used or not, then the answer is YES. If the question is whether it is legal or not, then the answer is illegal. If the applicant never had the intention to work for the company that filed for GC, then it is fraud.

    Besides, with VSG Inc. in such a big mess, who knows what USCIS is going to decide about these cases!


    Incorrect.

    As per Yates memo (link (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf))
    It should be noted that there is no requirement in statute or regulations that a beneficiary of a Form I-140 actually be in the underlying employment until permanent residence is authorized. Therefore, it is possible for an alien to qualify for the provisions of �106(c) of AC21 even if he or she has never been employed by the prior petitioning employer or the subsequent employer under section 204(j) of the Act.

    ______________________
    Not a legal advice.
    US citizen of Indian origin



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  • go_guy123
    04-18 07:38 AM
    This is a cherry picked writeup to some extent. But ofcourse there is competetion from other parts of the world.

    "The EIU's analysis also weighed the quality of a nation's technology infrastructure, measuring the number of PCs per 100 people, market spending on IT hardware per 100 people, the availability of secure Internet servers per 100,000 people, and the percentage of the population with high-speed Internet access. Switzerland, ranked 11th overall, outscored the U.S. on IT infrastructure, which accounted for 20% of a country's score. The study also assessed the openness of a country's economy and the quality of government leadership on technology issues.
    "


    Countries in Europe are small countrries with far less population so these statistics are not exactly comparable.

    "The U.S. also lags countries including Canada, Singapore, Britain, and Norway in support for IT development, which accounted for 15% of the overall score. This category covers such things as e-government initiatives, government spending on IT hardware, and access to financing.

    "


    US lags Canada....this statement is a joke. Canada is a vey low tech country. Close to 50% of the economy is due to mining etc Canada is a classic banana republic.





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  • javaconsultant
    02-20 05:30 PM
    Guys,

    What steps are we taking for labor backlog reduction.
    Is Quinn & Gillespie gonna help us in this regard ?



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  • shana04
    01-31 01:21 AM
    Friends,

    Need help and suggestion.

    To my surprise, today I got a electricity bill from Nov11 2008 to Jan23 2009 a total of :mad::mad::mad:$979.00 :mad::mad::mad:

    I leave in a single bed room ground floor 785 Sq ft.

    I have called the customer service for dispute and investigation.:mad::mad::mad:

    Has any one encountered this kind of problems with electricity department. please enlighten !!!

    :confused::confused::confused:





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  • grupak
    03-28 11:09 AM
    also, category selection (eb2, eb3 etc ) is not persistent in the session

    Yeah, there are some kinks when checking different categories...

    Question: Is there a way to search for IV handle? I wanted to look at my info.



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  • kaisersose
    08-24 01:50 PM
    One a 485 is applied and is pending, it is possible to replace the underlying 140, even if it is from a different employer.

    Reasons why one would do this -

    1. Moved away from sponsored employer within 180 days and a job offer from this employer is no longer available

    2. Job Role changed significantly enough to warrant a new Labor.

    3. AN old Labor with an earlier PD suddenly got approved. Get a 140 approved for this Labor and replace the earlier 140 with this one.

    4. Upgrade from eb3 to eb2.





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  • tampacoolie
    06-30 05:30 PM
    :eek: right on the money. You hit the selfish lawyers head with nail here. There is no way that USCIS can reject your case. job well done.





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  • royus77
    06-30 05:27 PM
    Guys and Gals,

    It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......

    I'am staying positive..... Want y'all to do it too....

    All the best....
    I will fly to Nebraska on sunday night and deliver it on Monday





    Janisaris
    12-18 07:47 PM
    I also see lot of LUDs on my I485 application. We filed our application on July 19th but the receipt date is November 1st. We received all our EADs and APs within 3 weeks and got our FP done on December 5th. Since then I am seeing bunch of LUDs on my I485. Even today they accessed my file. I am EB3 India with PD May 2004. My I140 was approved in 2006 and got an LUD on November 11th.

    Just letting you know that you are not alone.





    reddy77
    07-23 08:25 AM
    Pittsburg ?? what state CA or PA ?? since there is no "h", I assume you are talking about pittsburg in CA ...

    Hi Thanks for your inputs.

    But both the employers are consultant.
    One is in Fremont CA and other in Pittsburg. Both are offering almost same salary.
    So which should be an better option, if they have a similar better client list?



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