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  • fromnaija
    02-01 11:50 AM
    Depending on your state of residence this may not be enforceable on the part of vendor "y" as this is restricting flow of labor. Find out what the labor law says about such situation in your state.
    Also since vendor "y" is not your employer such a restriciton may not apply anywhere!




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  • mrdelhiite
    08-19 11:15 AM
    Hello All,

    I e-filed my AP on August 5th 2010 and sent all my papers to NSC. I received a notice they they received my application with the same date. My last AP expired on 30 July 2010.

    I have a wedding coming up in family that I want/need to attend. Is it possible for me to use this reason to expedite my AP? Also has anyone been in similar situations? Any feedback is greatly appreciated.

    Thanks
    -M
    :confused:




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  • TomTancredo
    03-02 01:22 PM
    Lets see what moderators have to say about these threads ... I guess we should be ashamed ourselves to be called "highly skilled" and "educated".

    For an outsider , there is no difference between one type of Indian or other . These people need to get a life.




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  • anakris
    07-17 09:48 PM
    Hi, I am in same boat as you. I tried to find infomation & reality is 485 for future spouse can be filed only if the PD becomes current.



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  • martinvisalaw
    01-26 05:30 PM
    I don't want to second guess the experienced lawyers. They are probably planning on mentioning an alternative educational background as acceptable, in addition to the CIS. There is a place on the PERM form for this.




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  • reddy_h
    08-18 10:08 PM
    Hi All,
    ****** I have searched all related posts but could not find an answer ********
    I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.

    with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?

    Thank you.

    I believe, you can accept this promotion without any effect on your pending I-485. Remember though not all promotions are fine. For example you cannot get promoted from a developer position to manager position and continue your case without filing new LC & I-140. Please consult any good lawyer for advice.

    In your case now you have 2 options after getting promoted. Either continue your case in EB3 category without doing anything or appy for new labor & I-140 in EB2 category and have the pending I-485 attached to your new EB2 I-140. Ofcourse here I am assuming that the new job requirement falls under EB2 and you are qualified for EB2.



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  • desi3933
    03-18 09:06 AM
    What are the rules for getting a new 3 X 2 year H1.
    Person leaves US while on the 5th year in November 07.
    applies for H1b in april 08 and gets new H1b valid from Oct 08 to March 09.
    However re-enters US only after 365 days of external stay in december 08 (not in Oct 08).
    Is he eligible for a new 3X2 year H1 or can he obtain only a year extension to recapture the time spent abroad (365 days)?

    You can get -
    1. a year extension to recapture the time spent abroad
    2. New/Extend H-1B for 3 year, but will be subject to cap
    3. can get new/extension H-1B for 3 years without cap, if you have I-140 approved
    4. can get new/extension H-1B for 1 year without cap, if I-140 is pending


    ___________________
    Not a legal advice.




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  • jaya_chh
    09-19 01:10 PM
    Isn't it the employer's responsibilty to file new LCA when I was assigned to another project in another state?

    If my employer has not done that for me, then does it still affect my chances of getting my H1 stamped. Means I am not at fault, my employer is.



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  • imconfused
    05-24 04:26 PM
    I filed for my EAD last year along with 485 and the lawyer sent the application to Nebraska Service Center, however, the receipt notice I received was from Texas Service Center.

    Now, for Q11 - Have you ever applied for EAD from USCIS? Which USCIS office, which office should I mention? NSC or TSC?

    thanks,




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  • andycool
    04-08 12:15 PM
    Hi,

    I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).

    Thanks.

    USCIS - Questions about Same or Similar Occupational Classifications Under the American Competitiveness in the Twenty-first Century Act of 2000 (AC21) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1efbac8ec3d2f210VgnVCM100000082ca60aRCR D&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190a RCRD)

    Hope this helps



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  • watzgc
    09-19 07:14 PM
    is it for Sub-Labour ? Category ?




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  • eb3retro
    06-18 03:41 PM
    Almost a good percentage of IV members are ready to file their I-140/I-485. I was one of the fortunate ones who will be able to file I485, due to the date moving from 2001 to 2003 last month for Eb3. The moment I got this happy news that I can file I-485, I celebrated by contributing $20 to IV. And my request to all of you who are in good spirits as of today due to the dates being current for I140/485, please do the same. This will help IV to continue fighting for the removal of retrogression to the best extent. I am sure all of us agree with me, that there is a long way to go in the journey of this GC. So, please contribute.



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  • copsmart
    02-26 10:32 PM
    4. Consult an immigration lawyer ASAP

    Today, My H1B transfer got denied and waiting for denial notice. Employer is planning to appeal on denial case. (I am assuming that "Denial could be becasue of client letter was not furnished)

    My Layer: Employer->Company A-> Primary Vendor -> Client

    My I-94 is valid Nov-09-2009 based on previous employer petition. Previous employer notified USCIS on H1B termination.

    On this, What would be best option.

    1. File a new H1B case thru current employer (while is waiting for appeal result, as a back up plan)?

    2. can I continue work for current employer since my I-94 is valid till 11/09/2009 and filling MTR?

    3. Apply for H1B transfer thru primary vendor's sister concern?




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  • GCcomesoon
    10-11 07:19 PM
    Hi

    My case was filed on June 4th , 2007 & till now I haven't got my FP notice & no update on the EAD application.I have called USCIS few times.They said sometimes it can take up to 6 months after 485 filing

    Thanks

    Priority date - 05/2003
    140 approved - 10/2006 from TSC
    485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
    CA, EB2
    Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
    Wife's case RD- 7/10/2007

    LUD in my case - I131 - 7/10/07 approved
    LUD in my case - 1131,485,765, - 7/11/07
    EAD for spouse - approved
    FP done for spouse
    EAD, FP - ????????
    LUD in spouse's case - I131-7/11/07, approved



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  • poise2000
    07-30 01:11 PM
    an local govenment gave me an offer but the salary is lower than prevailing wage around that area shown in the DOL. Would it be a big problem for H1b application next year? It is impossible to increase the salary because the working location is not rich in that area.


    I heard that I can hire some survey company to get a lower salary survey for the specific location which can be used to apply H1b, is it correct? Thanks

    Should I accept this offer? I have searched jobs for 6 months and only have this offer. Thanks for your suggestion.




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  • rb_248
    09-10 04:36 PM
    Folks,

    I got a RFE asking for a copy of birth certificate and bio info. I had sent my BC and bio info before while applying for 485 last august. I was hurrying up my lawyer to send the response as soon as possible.

    My lawyer emailed me that since there is a spelling difference in the way my name is shown in my BC and in all other docs, I will be subject to additional security checks and there is no point in hurrying. Is this true or is my lawyer using this as a delay tactic ?

    My name in my BC ends with .......iam and in all other docs ends with .....iyan. Should this cause a problem ?

    Please share your thoughts and help me.



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  • raja_san
    05-20 12:00 PM
    Thank you all for the reply and the information.

    So, I can stay in US with H4 on my wife's H1 Visa and then Apply for fresh H1 after one year. Right?

    Thanks.




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  • svam77
    07-24 03:13 PM
    My H1B LC says that I got hired as software engr. But later, they promoted me to Sr Software Eng ...


    Now my labor cert says Software Engr.

    I think its not a problem but just want to make sure. My lawyer didnt even care.




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  • Steven-T
    January 30th, 2004, 02:40 PM
    In my opinion, one of the more intriguing product announcements from Nikon today was the Coolpix 8700. If it improves significantly from the Sony, that could be a killer product. Right now, Canon is lacking a bit in the true consumer DSLR market. But then again, PMA is right around the corner. Click here (http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=122&mode=thread&order=0&thold=0) for the 8700 infp.
    The Sony has Zeiss glass and 28mm WA. But the CA and Noise are horrible. Isn't the Nikon 8700 has same sensor size as the Sony 828? Wait and see how the Nikon performs in those deaprtments!

    Steven




    bp333
    10-10 09:05 AM
    Updated...
    I-485 Rejected/RND:09-21/I-140 Not Found/USCIS error/Re-file date:10/09/07/Recevied By: 10/09/07/Status:No news after re-sent

    Mine was rejected on 9/19 "Missing or incorrect fee" haven't received the reject notice yet. Since 90 days have passed my attroney has decided to refile a RECONSTRUCTED APPLICATION on Monday (10/15).

    jcrajput: How long did it take for you to receive the rejection notice/package. Did the notice ask you to refile ?




    amitjoey
    01-26 10:56 AM
    This clearly shows - that this article has been at the behest of /or lobbied by the business community and industry leaders.
    Because all they want is more H1-B workers. If we put in the same effort to talk about EB - and greencards and educate reporters, we would have articles written that would highlight our concerns.



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