Friday, June 24, 2011

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  • fide_champ
    03-22 08:17 AM
    don't know where I should put my request. My husband is on H1B visa ...and I was on H4 .I went India but my H4 was rejected. I don't know what to USCIS also going to reject my husband H1B .. please help

    what's the reason for rejection?

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  • tuhin
    07-16 01:36 PM
    Thanks deecha.. I will keep the gang in loop... The future role will be of a chief architect. So I believe it is aligned with my current labor application. But can I even move using an EAD (hence dropping my H1) and then file my EB2 in the new company? The reason I am confused is, we used an H1 b visa to file the labor, not sure if a labor can be filed using an EAD.

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  • cagedcactus
    10-23 05:31 PM
    we probably should look for the best fit option... If the website offers flexibility with availability, thats the way we should go.
    You are doing a great job, WD.
    Once we have the structure set, and people engaging in several crucial areas, we will have a better idea about what fits better...

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  • murali77
    06-16 01:55 AM

    Will this be a problem in name check process of I-485. I have contacted my lawyer and waiting on his reponse. If he gives me a go ahead I am going to fix it first thing monday morning.



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  • Oct007
    11-11 08:53 PM
    I have followed what many people suggested and applied for the H1B renewal.

    Now I have to travel to India in the last week of November. I have a valid EAD and AP document. My H1B will be expiring and the renewal will be filed but I wont be receiving the approval.

    I can use the AP and renter U.S but will that result in a cancellation of my H1B renewal?

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  • cox
    June 18th, 2005, 08:34 AM
    I got brief but glorious light this morning. My skill was not up to the light, but I tried to make the most of it. Let me know what I did right or could have done better. Thanks! (javascript:;) (javascript:;) (javascript:;) (javascript:;) (javascript:;)


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  • Lasantha
    02-18 03:35 PM
    Last Updated Date

    I am fairly new to this community and not familiar with acronyms.
    Can someone kindly explain what LUD is ?
    My PD is now current as well and want to find out how to track my case.
    Thanks for everyone's collective support. :D

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  • Desertfox
    06-01 08:39 PM
    Your current salary has nothing to do with your Labor Certification. LC is for a future job offer and you are supposed to get that salary only after your I-485 approval. Hence there is nothing to worry about it.

    As your current salary is per H1 LCA, you are absolutely ok and there is nothing illegal in your nonimmigrant status as well. There might have been issues during your I-485 adjudicatiion if you were not being paid per your H1 LCA, since that is considered as abuse to your nonimmigrant status.


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  • imv116
    06-06 05:26 PM

    I have some questions in regard to using AC21.

    Using AC21, what are the risks involved with I140, provided it is:
    1. Already approved and more than 180 days after filling I485?
    2. New job/position is “same or similar” as mentioned in I140?

    1. Employer wants to revoke the I140 or in way threatens
    2. Can I have the freedom to change employer, provided I have a “same or similar” position and I timely file AC21 with new employment details.

    Also, with links to a MEMO from USCIS dated August 4, 2003. Are there any updates to that memo?

    Please give your suggestions

    Thanks All,

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  • vedicman
    10-21 09:56 AM
    Hey bhagwan, is budde ko dharthi se tu utha le..

    (Oh almighty, summon this old man away from us)

    Two choices God:
    1. Amen
    2. Give him some sense :)


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  • babu123
    08-20 03:14 PM
    I got name check information atlast today. Its cleared
    Still waiting for GC Approval. God knows when it will get approved.

    Labor Priority Date: May 24, 2006
    I -140 Approved: Oct 2006
    I-485 RD July 2, 2007
    I-485 ND Aug 27, 2007 with SRCXXXXXXX

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  • desi3933
    05-19 03:30 PM
    .... So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only
    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?

    1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".

    2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.

    3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.

    Have a good day!

    Not a legal advice
    US citizen of Indian origin


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  • wandmaker
    08-25 09:39 AM

    My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.

    I recently got my 140 receipt notice with receipt date as 24-Jul-08.

    I am wondering is my 140 is filed with in the valid time.
    Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.

    pl give me the response.
    Thanks for looking this.

    As long as your application reached the mail room on or before Jul 21, 2008 then you are good to go and don't worry about the date on 797 receipt notice and remember to save the delivery proof. If it has reached after Jul 21, 2008 then your case will be denied because your labor is no longer valid from Jul 22, 2008 - you will have to start everything from scratch

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  • bestin
    10-23 06:09 PM
    Appreciate your dedication WD/CC.I am kind of busy this week.Will get back to u this weekend.


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  • bhasky25
    10-11 12:45 PM
    Hello guys,

    I need a clarification on the process. Here is my scenario

    1. PD : Feb 2004 EB3 India
    2. 485 : Filed during july 2007
    3. 140 : Approved on jan 2009 --> Revoked by my previous company on 12/23/2009
    4. AC21 : Used AC21 to change jobs in Feb 2009. Transferred job using H1B tranfer and got it for 3 years(valid until Jan 2012). Changed jobs after 500 days of applying 485.
    5. EAD and Ap is not valid(did not renew it as I chose to maintain H1b). I let it expire in 2008.
    6. The new company would not file for EB2 as my current job description does not qualify for EB2. They are willing to refile EB3 petition. I was not interested in doing it.

    My question is:

    If I want to get my H1b renewed again @ Jan 2012, it is possible to get it renewed for 3 years by using my previous 140 approval even though it is revoked by my previous employer ?? If that is not possible, what are my options to maintain my H1B.

    Appreciate your insight.

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  • gc_on_demand
    12-21 05:07 PM
    Good to know someone at least thought about our poor souls;jsessionid=VEGR0THB1JIVRQE1GH OSKHWATMY32JVN

    All you get is CSS change ? new theme and color...

    One of my personal case is approved long back and still showing as Initial Receipt.


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  • Siboo
    07-27 02:16 PM
    When you mark your calendar, mark it for 182 days to be safe. You never know USCIS and these employers.. Keep yourself safe from all the complications that might arise if you leave on 180th or 181st day (whether first day is included or not, can I leave on 180th day or do i have to wait for 180 days to complete blah blah.. ) :)

    To be very very safe, make it 180 Business days.:D :D :D

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  • Jubba
    09-04 08:23 PM
    heres another way to do it

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  • bingl
    04-16 11:02 AM
    thanks weaseley ....
    We are in Kansas....I did show the 485 receipt ....they said 'its just a receipt' not an approval....and so they can't use that. I'll try calling USCIS for the letter. I hope it works since I don't want to waste money on an EAD which I am not gonna use.

    07-16 01:27 PM
    Thanks Raj. I am sure this will be helpful to many other people here too. Appreciate your time to write it as points.

    The porting of PD is during I-140 filing. So there isn't any day limits as to when you can join the new company. If you leave your current company the only thing that you can carry over is the PD from your approved I-140. So this is what you should do.

    1. Join the new company (the client of your current company)

    2. Have them file labor certification.

    3. Once labor approved while filing new I-140 your attorney need to request port of PD from your previously approved I-140.

    That is all it takes. This is a standard process.

    Make sure to get a legible copy of the approved I-140, not the courtesy copy, you need the actual I-140 approval. On Courtesy copy they clearly say that, using that copy you cannot claim it as a proof of approval/any benefit out of that. So that is important.

    Also get all your experience letters. The new attorney might ask for it at the stage of filing labor itself.

    Hope this clears your hold up.

    PM me if you need further clarification.

    Good luck on your new job.


    08-03 05:20 PM

    I am working on H1B and filed for my extention in Mar 2007. My original H1B expired in Jun 2007 and filed for EAD/AP/485 on Jul 22 2007. Today my employer received that h1b extension got denied. He got a RFE in may 2007 to which he replied.
    What are my options now? Can I stay here now? Can I work now? Can another employer file for my h1 extension now?
    Please help.

    Thank you.
    As rustamehind mentioned, file Motion to re-open. If you get your EAD before re-opened H1B is approved/denied, you can start working on EAD.

    btw, do you know the reason for denial? what RFE you got? What center you applied? I hear lot of RFEs/denials from California center.

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