Tuesday, June 14, 2011

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  • cooldude
    07-19 10:10 AM
    We are a big company B part of another big company Part A. The labor, I-140, and I-485 has everything mentioning B as the employer.

    But for the employment letter, the lawyer got the letter from A which refers that I am a permanent employee of B with all the required details. I asked the lawyer why the employment letter is on company A's letter head and she said it is fine since your Company B is part of Company A.

    I am concerned how will USCIS know Company A owns Company B. HOpefully it's fine.

    Please help.




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  • amirani
    03-03 05:27 PM
    Get a labor attorney, send a letter of claim to the employer, and request action within 30 days. If no response and amount is under $5000 then go to small claims court, otherwise file a grievance with your state's labor department.

    Thanks for the response.

    The amount is approx $7000 and after deductions it will be just under $5000...can anybody suggest some good lawyer and what will be the charges...anybody else faced same issue in past....




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  • wandmaker
    11-06 11:39 AM
    Hi All,

    Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.

    1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.

    2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?

    3. How long I can continue with future employment in the GC process?

    4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?

    5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.

    All the best!!!

    -
    Regards
    Ajaykumar

    #1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.

    #2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.

    #4 - As long is your labor is pending, you can extend your H1B by 1 year until it is approved or declined.

    #5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.




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  • rameshvaid
    03-30 11:44 AM
    I will certainly update on this site once I get a final answer from US Consulate, Montreal. So for no NEWS...

    My father in law was visiting me and had a heart attack last night. He has been hospitalised at Hilcrest Hospital, Cleveland, Ohio and is scheduled to go back on 4/19/08.

    Will a letter from the Hospital will be helpfull or might have a negative impact in my case. They may think this is a fabricated story. Some of my friends are taking care of him but there is no other immidiate family memeber with him accept me and my MIL is also all alone at home.

    Any Suggestions/thoughts??

    Ramesh Vaid



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  • rajuram
    10-25 09:36 PM
    Gurus,
    I have EAD and FP done. Got receipts but no sign of getting AP.
    Is this common? Many friends who filed during the same time as me got
    it. I filed w/TSC.

    thanks for all the help
    iad

    What is your Appl Recd Date?




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  • la_guy
    06-02 02:39 PM
    You can buy a ticket, which has a hard return date after six months. After they come here, you can again reschedule earlier or later. I know cathay pacific allows to reschedule any number of times for free...



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  • tp976
    08-19 10:06 PM
    dont worry about FP. i applied for my wife and me. she got a FP , i never got one. but both of us got our approvals




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  • thomachan72
    04-21 03:53 PM
    Where is accountability of money.
    How much have they got till now?
    What will they do if they get more ?
    Who is managing the money?

    Sometimes you will be ridiculed when you care but care anyway.
    Sometimes you will be cheated when you try to help but help anyway.
    After all ..... it was never between you and them.

    Mother Theresa

    I comend those who donated.



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  • GC_Wait2002
    07-12 09:18 AM
    :confused::confused:

    First (Original one):

    labor date: EB2-Aug-2002
    Labor approved: September - 2007
    I-140 approved: Yesterday (July-11-2008)

    485 not yet filed

    Second (approved labor from different company):

    labor date: EB3-Apr-2004 and labor approved
    140 filed: July 13 2007 - case is pending as of now
    485 filed: July 13 2007 - case is pending as of now

    I dont know what to do with my original green card one (whether to file one more 485 or not)

    Gurus help me with your knowlege which option i have to choose

    1. withdraw the 485 (filed with substituion labor) and file new 485 with the original one

    2. file one more 485

    3. wait for the substituion labor 140 to be approved and transfer priority date and category?


    :confused:




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  • HumHongeKamiyab
    12-17 08:29 AM
    If I cant find any (recommended lawyer) within Houston, I will go to him. But does he practice employment law? His website says " The practice is focused exclusively on immigration and naturalization law". I am looking for a lawyer to discus my non-compete clause.

    Appreciate your response. Thank you so much.

    He is based in Dallas,TX. he provided excellant service to me in my tough journey.
    www.naidoolaw.com



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  • Prashanthi
    10-20 05:02 PM
    The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.




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  • TexDBoy
    02-06 03:32 PM
    Hi All,

    I got promoted to Manager but my GC is applied for a Consultant 2 position (Developer Job Description). My Lawyers do not think it is an issue since it has been more than 6 months of my 485 application.

    Is this really true?

    Thanks,
    Kaushik

    Hi Kaushik,

    Are you filing an H1B Amendment to reflect your new position



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  • sys_manus
    01-28 09:52 AM
    Congratulations...




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  • nixstor
    10-24 03:33 PM
    In my opinion its just one of the marketing gimmicks of Y! See how it works

    http://news.yahoo.com/s/judy_woodruff/20060823/judy_woodruff/j_woodruff10015

    Similar lines ask the white house program. many people in the forum sent Q's to USCIS director and he didnt chose even one Q about retrogression or labor situation etc..



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  • javadeveloper
    08-10 03:10 PM
    Hi All,
    I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.

    Please advise.

    As per my knowledge 2 things considered for 140

    1.Company's ability to pay
    2.Whether the candiate is really qualified enough (like Education and Experiance) for the position they mentioned in labor - a)If labor petition asks for bachelors , the candidate should have bechelors or higher education b) if the labor petition asks for 1 year experiance , the candidate should have 1 year experiance (this exp excludes the exp from sponsoring company I guess)prior to the PD.

    Someone please correct me if i am wrong.




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  • ronhira
    06-08 11:40 PM
    The country needs more taxpayers, and the economy needs educated foreigners..."but American Lawmakers are having none of it"

    http://news.bbc.co.uk/2/hi/business/8086392.stm

    This is the most hopeless of all the articles I have seen on this issue. It has no meaning, no arguments, nothing new to tell or share and it doesn't even cover any issue. The article does not cover the issue properly making mockery of the entire issue. simply hopeless journalism :eek:



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  • veni001
    02-02 08:57 PM
    Hello,

    I would need some suggestion pertaining this stage. My company has 100+ employees and has rock-solid financials showing profitability. As a part of documentation, should just the company's tax documents suffice? I am told that even audited financial documents are required. While the former is easier to fetch, the later is a bit cumbersome process and lengthy.

    Please let me know if we can proceed thru this stage if only company's federal tax returns are shown (without audited financial docs).

    Thank you

    Not to scare you but please be ready for any thing and every thing, if you are porting with the same employer please read this (http:///2011/01/eb3-to-eb2-porting-with-same-current.html).
    Good luck.;)




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  • vamsi_poondla
    12-20 12:14 PM
    My Receipt Date is Sept 18th. I changed address before I got my receipt.

    For address change,
    1) On Sept 25th, I filed AR-11 online, then as a chain, modified the addresses on all my pending applications. I got letter confirmations. This happened in Sept.
    2) I also called them in Nov to raise a SR since I did not receive the FP notices. In the SR, I again gave my new address.
    3) Then today I got the status changed as Notice Returned as Undeliverable.
    4) I called USCIS first thing in the morning and again raised a SR
    5) I also took an Infopass to meet field office folks and ask for help

    All this I did to my spouse also.




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  • desi3933
    02-18 01:11 PM
    I assume, You will have to report the income earned through foreign sources only if you are not paying taxes overseas. To get a better clarification, just consult a CPA

    One has to pay taxes on worldwide income if filing taxes as US resident. He/she can deduct foreign taxes paid as credit. It does not matter if income is taxed or not in the foreign country.

    This applies to interest earned on deposits in banks as well.

    _____________________
    Not a legal advice.
    US citizen of Indian origin




    kittu1991
    07-17 07:18 PM
    We travelled last year from Kochi to SFO with no issue. Yes you have to go secondary room. Based on the number of people ahead of you, your wait can vary. But once its your turn it should take only less than 5 mins.




    masala dosa
    09-21 04:27 PM
    I doubt if a Masters qualify for EB1. But if you filed under EB1, then you should be able to file I485 immediately as that category is CURRENT. Check and confirm the category your employers filed and post your question again.

    There is no way you can file under EB1
    You can go max to Eb2 or Eb3
    if its big co you work for then they will stick to eb3
    if its some tolly molly software co then u get eb2
    either way you are screwed.

    Cheers



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