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  • punjabi
    10-23 03:50 PM
    If you get laid off, find a company at a rate that will meet your minimum LCA wages requirement for H1B (W2) or EAD (I will approximate the wages mentioned in labor document). I think you have 30 days of buffer, but I will find something right away.




    There is a chance that i might get laid off. I have a pending I485 filed on July 2. My I-140 was approved in June 06. Would like to know if i get laid off within how many days do i have to find a job.


    really need to know this based on the market situation.





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  • bkn96
    02-18 11:06 AM
    Did you work during this period?


    Yes, I worked during that time using EAD as I dont have H1b. My Lawyer said I can work as EAD was not revoked. I work for myself (self employment) through my own company.

    Again I didn't get refund of MTR money... that is good news if we get our $585 fee back..





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  • aj1234567
    10-04 06:18 PM
    Hi
    Any body got finger print appointment letter who filed on Aug3
    Thanks
    Aj





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  • H1InTrouble
    09-21 02:30 PM
    Hi,

    Thank u all for your advices and information. I would like to add a few things which I think were not clear from my initial post.

    My H1 was denied because there were false information in the petition which USCIS did not buy. My current employer is a direct vendor for my client and has a purchase order in my name and he does this all the time. I am looking for a new employer not because I want to but because I have to as my current employer is not able to provide me with any job/project. Do you all think that even in this situation, he can enforce the non-compete on me. My employer is NJ based where non-competes are enforced.



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  • vinoddas
    07-30 02:37 AM
    I liked the joke.. the title originally was: "Difficult Spouse related GC question" ;)

    I will definitely consider doing that. I am just afraid that I might get my GC even before I get a chance to do a court marriage.

    Thanks for the input.





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  • ramaonline
    07-15 02:10 PM
    You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.

    But on H4 you can still work on EAD, while maintaining your H4 status.

    H4 status ends the moment you start using EAD for employment. You would need to use AP for travel and re-entry.



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  • ragz4u
    04-17 01:54 PM
    Hi

    I am new to this group. I have a question regarding my PERM case.
    MY PERM case is pending in DOL from last 10 months. I find this very
    unusual.

    Anybody heard about such a long pending case?
    Are there any suggestion for following up on my PERM case?

    Any advise will be useful.

    Thanks
    -Sahil.

    Is there a way someone can call the DOL? I never received any receipt number from my lawyer, but the PERM was evaluated in 60 days!





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  • GCKabhayega
    01-09 03:04 PM
    Every time why does feel like that I have been in this dilemma before. I think we will gain almost nada frm this bulletin either.

    My guess

    EB2 : 1000 BC
    EB3 : January 1962



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  • hebron
    08-10 09:55 AM
    I am an EB3 applicant with PD of Sep 2004. I have an EAD but I haven't used it yet. I am still on H1-B.

    I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.


    I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:

    1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.

    2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.


    In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .


    Any suggestions/ advice appreciated.





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  • dyekek12
    12-13 02:15 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?



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  • a_tyagi26
    02-02 12:10 PM
    Assume:

    This mean from the date this bill gets enacted, one should stay in USA for five years continuously.

    It's impossible, atleast for me. I can't even think that I won't be able to go to India for 5 years. It would be a torture on my soul. This kind of clause works for an un-documented immigrant, who don't have a choice to leave but not for legal immigrant.

    What my company tell me to go to another country say some Brazil to implement project and infrastructure and I had to stay 2 months? Then I have to start afresh ?

    I believe you need more than 6months of stay for it to be called as continous presence. Anyone shed some light.





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  • gc_kaavaali
    11-14 04:36 PM
    ^^^^^^^^^^^^bump^^^^^^^^^^^^^^^^^

    who gave me red mark?

    somebody gave red mark...what happened???



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  • sunny1000
    10-01 07:09 PM
    What is the status of this bill ? Anyone?

    Is Sen Cornyn's amendment to this bill still considered ?

    Nothing about this bill has comeup during the last few days.......

    dead.





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  • reno_john
    06-16 02:02 AM
    If you read the instructions for I-485, nowhere does it require you to be on a non immigrant visa, with dual intent, to apply for I-485.

    I tried to read the instructions from the standpoint of a student, and I did not find anything that says I cannot apply to adjust status. All they want is proof of your status and admission.

    Also, we have someone in our company who will go for Eb1, and is on OPT (which is not a status, F1 is). He was told that he can apply for I-140!


    Any F1 visa spouse can apply for I-485 the only legal cause is that at the time of filing spouse status should be legal, found from my attorney.
    As per my knowledge when I was a student, the internation center updates the Sevis database and also writes on the I-20 that the student is accepting OPT and so a EAD needs to be issued. And on the EAD it will mention that the EAD is for OPT, so EAD for I485 is differect from EAD for OPT.



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  • pd_recapturing
    03-15 11:02 AM
    Is there any issue when 1st labor was not a PERM labor and 2nd labor is going to be PERM labor and both from same employer ?





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  • pratikgr
    08-08 07:49 PM
    My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.

    My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.

    In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible



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  • kumar1
    07-20 11:20 AM
    Another simple option - Enjoy some time with her, take her to different places and forget about this craziness that is going around. After marriage, man, believe me, you will get enough time to browse through immigration related web site.





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  • HOPE_GC_SOON
    05-04 10:49 AM
    Hi Immi2006:

    thanks for the update and analysis. But My 140 is approved in less than 20 days.. I donot work for MNC. Work for an American owned Company. Not sure, how much time it would take to reach 10/05 priority date for eb2.

    Let us hope for the best.. :rolleyes:

    Thanks,:)



    THose are labour filed.

    It is difficult to pull the 140 stats for the same labour. But I did a rough data extract from immigration.com based on what folks have mentioned, it seems like 140 is taking 8 months average presently, RFEs are in 40 % of cases, and also approved 140 seems to be like around 2000 in total for EB2, and EB3 categories for 2005 filings.. which means large numbers are still pending in Texas or Folks have not updated their data.

    One thing that emerges clear from the data pattern :

    Presently EB2 turn around time for Perm is approx 26 days, EB3 is 41 days average.
    140 for EB2 from a MNC = 6 months, 140 for EB2 from a small company 8 months avg.





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  • roseball
    04-02 12:53 PM
    Thank you gc28262. It's just that my attorney havent seen this issue with Pre PERM cases. May be it is because PERM had more specific questions to answer so that there is little flexibility. Form 750 which was used before PERM did not have that many specific questions regarding labor conditions. So there was room for interpretation.

    Thanks for murthy's link. Yes, It makes sense Gald I extended my H1 after returning on AP. So I am better positioned there.

    Yes, actually the USCIS has argued the same in their revocation response which is that my labor requirements on Form 9089 aren't flexible enough to transfer me to EB3.
    ----

    What your attorney is suggesting I believe is the right approach at this time. I would consult a reputed attorney and take his/her advise before taking any action. I would also have your company start a new PERM case in parallel, just incase. Yes, ETA-750 provides a little more flexibility w.r.t EB2 to EB3 downgrades when compared to 9089, but it depends on the educational requirements mentioned on the form. But your approach should be to get I-485 approval based on earlier I-140 and if that doesn't work out, then request for a downgrade. Hope it works out for you, good luck.





    lostinbeta
    10-03 01:29 PM
    That isn't fair. I don't know trig like that.

    :::weeps in corner::::(





    cagedcactus
    05-02 01:54 PM
    I just received an email from my lawyer that my I 140 was denied.
    The reason stated was my company is not able to prove the funds to support my salary.
    I am on 5 year of H1-b. Exactly one year left.
    I dont want to stay with same company if I have to file fresh in PERM. What are the best options available for me now?
    If I transfer the H-1, do I have enough time to get approve in PERM and a new I 140 to file extension for three more years on H1-b?
    please help....