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Thursday, June 9, 2011

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  • meghanap2000
    09-09 03:34 PM
    This is the always problem with USCIS in porting PD. In my case they have put PD as 485 application received date. The only solution to this is ..Keep your attorney in the loop and ask them to send letters repeatedly and call the customer service center repeatedly..
    There is no other way you can correct the PD. In my case I had an interview with officer and we gave both i-140 documents and told officer PD was printed wrong on interview letter. Officer said she will look into it and we dont know whether she corrected it or not.





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  • PD_Dec2002
    07-07 09:49 PM
    I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?

    1. My LC was sent back to me on Tues (after 4 years).
    2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
    3. I am currently a little less than that if I can take into account all bonuses etc.
    4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
    5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
    6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
    7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.

    What should I do???

    I only know the answer for Q6. No, you cannot take bonus and other perks into account to calculate your total compensation or wage for DOL. The DOL wage has to be the annual salary that you will earn...as shown in your pay stubs.

    Thanks,
    Jayant





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  • HRPRO
    02-23 11:28 AM
    ARC,

    My understanding is you will need a temp work visa to go to Canada, even if you have an EAD.





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  • ragz4u
    04-12 09:54 AM
    Why not use people who already agreed to volunteer before by looking at their profiles?

    Unfortunately we need folks who are active on the forums (and hence must have read this thread).

    Also, we did not really clarify what a volunteer does (when someone registers), so to ensure that only folks who are really interested reply.

    Hope this helps



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  • nviren
    04-19 02:26 PM
    I don't have the experience.

    But I am planning to go for visa stamping. I was seriously contemplating to go to New Delhi consulate. My district is Mumbai. It would have saved me a logistic step of sending docs to VFS Mumbai in advance, also the appts seemed to be readily available.

    But after going thru the posts at immigrationportal.com forum, I have decided to go to my own district. Don't want to take the risk of that 221g or admin review and run around messing my already tight schedule.

    In your case, you already have an appt. If it is very difficult to reschedule it, you may want to take a chance and go to Mumbai. If you can reschedule it easily and fits your itenarary, do think of going to your own district.

    BTW, if you think that IV is a help in your immigration journey and have not contributed yet, please contribute to the cause. You can find the required details on the homepage.

    Thanks,





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  • fcres
    07-18 04:10 PM
    Call once again to confirm this news. Some times the reps give conflicting answers.



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  • yabadaba
    03-05 01:45 PM
    our friends at numbers usa have this on their homepage

    New Senate GOP Immigration Package in the Offing
    (March 5) At 11:30 a.m. this morning, a group of Republican senators will hold a press conference to showcase a package of 10-15 bills designed to make critical improvements to America’s immigration system.

    Each bill in the package is expected to represent a specific step toward securing America’s borders; increasing enforcement at the workplace; or restoring law and order to our nation’s broken immigration system. The package is also expected to illustrate achievable, "bite-sized" steps that Congress – working in a bipartisan manner – should be able to accomplish between now and November.


    Many of the ideas contained in the forthcoming bills have already passed the Senate or been voted on before, but have yet to become law.


    The coalition, led by Sen. Jeff Sessions (R-Ala.), will call for full Senate consideration on each of the 10-15 bills as amendments to any legislative vehicle deemed appropriate by Senate Republicans this year


    http://www.numbersusa.com/index





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  • kevinkris
    12-05 05:20 PM
    You are too fast ;-)

    This looks good..

    Green card will be giving for the people can help USA by serving army as doctors, nurses, transilators etc. Requirement is 2 year legal stay in USA.
    See the link.http://news.yahoo.com/s/ap/20081205/ap_on_go_ca_st_pe/military_recruiting



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  • Prashanthi
    05-08 03:39 PM
    Based on the facts that you have given, you should be able to use 245K in this case.





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  • thatwillbeit
    05-27 12:26 PM
    I have the same inference as above .....

    Can some please confirm this

    Thanks



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  • shana04
    01-09 12:00 AM
    We have a company lawyer. Only thing I have is 485 receipts, FP notice, EAD and AP.

    Nothing has been shared with us till I-140 approval.

    Upon my demands, all I got is my I-140 application number. My HR dept has a strict position that I-140 & LC are employer documents and it will NOT BE Shared with employees.

    I still doubt that USCIS will expect me to have these documents.

    Any ideas How can I know job description? Can I call USCIS? dont' think they will entertain?

    I am about to file for H1B extension. Is there anything here that can give me some idea about job description? I guess H1B and LCA job description should be same. isn't it???

    One way to find out is, when you filled in your labor application (before PERM). Your attorney, just before filing for labor should have send you some papers to sign and fax it or mail it through post.

    There either you or your attorney shold have filled in job descriptions and job details (this should be the latest experience you had before filing the labor).

    One more way to find out, while filling in your I 140 petition if your attorney has send you documents to verify. Then you would find Job title specified in there.

    After you filed for labor and and if you have specified your address in labor, then a copy of certified labor goes to that address ( I have received one, it said a copy of the certified labor has been CC'd to Employer and attorney)

    To my knowledge that would be your best bet to find out job description and job title with out having labor cert in hand as I 140 approval does not say any thing.

    Good luck.





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  • Ramba
    03-28 10:49 AM
    Ramba,

    We're definitely working on this issue and I am sorry that I am not able to go into further details.

    202(a)(3) clubs the excess quota for EB and FB together and hence excess EB numbers flow over to FB and vice Versa, which is different from 202(a)(5) which asks for applying the excess quota within a EB cateogry itself.


    Thanks admin. I understand diffence between a3 and a5 in 202 section. The flow of EB visas to FB (or FB to EB) make the total numarical limit invalid in EB and FB catagries (480K in FB and 140K in EB). If the flow happens accorss the catagory, the law is broken, then there is no meaning of numarical limit in FB or EB visas. Though A3 and A5 has theoriticallyy same meaning(to remove per couthry quota, if excess visas available) DOS have to keep FB and EB seperate track to control the visa numbers in each catagory seperatly. Before 1999, (ie before A5 was introduced thro AC21) all the FB catagories have been backlogged. But EB was current in most catagories. We do not know how DOS handled the situation. we need to understand that in US immigration history, was there any flow of EB numbers to FB numbers when there was a huge demand for EB numbers. It is better to counsult with AILA to understand the historical reasons and how A3 was handled by DOS in previous years ie before 1999.

    Why I am writing this is, we may be still safe by the section A3, though section A5 was deleted in both the bills. Unfortunally no attonnies has reported/found this untill IV discussed it.



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  • regacct
    12-20 08:26 AM
    If we are not ready to speak up and say we have a problem to the people that matter (lawmakers, media) - why would they assume a problem exists?





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  • agv
    03-19 12:16 PM
    profile updated..can u help now?



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  • yabadaba
    04-22 03:08 PM
    What's the deal here? I think this info is posted a lot of times. Any reason to post it again? Just trying to find reason.
    its good to see data like this after a while...if nothing else...it provides a snapshot of where we are.





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  • wandmaker
    02-11 11:12 AM
    don't worry be happy

    Remove your site from the signature



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  • sayantan76
    09-24 11:39 AM
    Guys, HR 5882 is having Total recapture of 550,000 visas (Employment Based + Family Based) . We all were hoping that this bill would pass, but it did not pass in Judiciary Committee so far. Probably because of opposition from some lawmakers, may be group of some people due to current state of Economy.
    But How about, if we would just try for "Recapture for Employment Based visas , for Adjustment of Status" ( EB Visa recapture Numbers are arround 218,000). By this way, no American job would be taken away as this is just a recpture of visas for just Adjustment of Status. So, if we can drop Family Based Visa Recapture from the bill (approx.332,000 visa), this bill might pass in the congress. Looks like, we do not have any choice and bill might still have possibility of passing in lame duck session. Don't get me wrong, I also want to keep Family Based Visas in the Current State of HR 5882 Bill. But if we would be able to pass just recapture of Employment Based visas at this stage, Family based visas recapture can be taken up later on. This is just a thought. IV core group and members can discuss this idea for further action.
    "WE" do not decide what to keep and what to drop from bills - Elected representatives of US citizens do!

    All we can do (either directly or through paid lobbyists) is suggest some common-sensical options and appeal to reasonableness of the elected representatives - at the end of the day - they would listen to current voters or go by what would and would not sit well with their current voters





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  • rolrblade
    07-26 06:53 AM
    HI
    What are the documents required for EAD application assuming that I-485 application is already filed?
    At the time of applying for I-485, I didnot intend to apply for EAD.But after seeing a lot of application applied during July 2007, I realised that it may take years to get the Green card.So it is better to have a EAD in case if something happens to my job in the meantime.

    Thanks

    Bibs:
    To apply for EAD you need the following documents

    1. I-131 EAD Application document
    2. Copy of I-485 receipt notice
    3. 2 colored passport pictures - recent
    4. Cashiers cheque as stated in the form.

    Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.





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  • rally
    07-12 10:41 AM
    http://www.cnbc.com/id/19638235/site/14081545/page/2/



    Condi is the boss , Emilio Gonzalez was just following orders.

    We should not let condi forget her roots. Let her not forget that this country facilitated her immigrant ancestors to settle here. Being a citizen of this country, she was able to rise to this powerful position that she is now.





    ronhira
    10-17 04:49 PM
    A message from President Obama too.

    The White House - Blog Post - Diwali Wishes From President Obama (http://www.whitehouse.gov/blog/Diwali-Wishes-From-President-Obama/)

    who cares...... well..... 'ignorant' 'inward looking' 'large ego' 'nothing to ask' 'nothing to do' desi care.....

    what difference does it make if google has an icon or wh/obama send a message on dewali...... its only symbolism..... not a cent more...... few jerks will claim "victory" for getting wh lights..... but does it help even a single soul with his/her problems...... absolutely not..... so don't tell me that google icon of dewali or lights in wh has any relevance..... this topic is for those who have no real issue to talk and no real problem in life...... but are simply busy stroking their own inward looking large egos....... anybody disagree? ...... guess not.....





    pom
    04-28 11:34 AM
    Originally posted by cybergold
    Hey Pom, where is Senocular's Robot, it was a very nice one. Deeply sorry :x I've fixed it now...