Kama Of Kingstone

If you are the derivative how can they check your salary with your spouse's LCA requirements. I think you will be fine. Check with your lawyer. If you want you can switch to EAD anytime. But once you lose H1 you cannot getback on H1.

You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.

EB2 India from NC.

Filed EAD renewal at TSC (my 485, however, is pending at NSC) on Aug 6. RD Aug 7. No LUDs since the notice was issued.

EAD CPO email on 9/23 :)

Wife's EAD (applied together) still pending. No LUDs either.

I can't stop thinking about how the picture would have looked with the mother bird in focus and the young OOF... it didn't occur to me at the time but it would have been very cool to try to preset focus for the approaching bird... I hope they are still there tomorrow...

If you like to beleive that the USCIS employees care USCIS revenue, you might like this answer.

200K apps (potential applicants in July) times $500 increase.

100,000,000

ok that makes sense.

The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a1 RCRD)
In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.

Hope this helps.

I have a couple of questions regarding H1B.

My current H1B(10th year) is expiring in a month and I am planning to use EAD. My 140 is approved and 485 is pending for over 2 years with company A. At the same time my second 140 is pending with company B.

The question is, in case if I used my EAD to work and for some reason if my 485 is denied, can I get back to my H1B? I was under the impression that I will have to leave the country and wait for 1 year to reset the clock but I was told by someone that its not necessary to wait for an year and I can file a H1B based on my pending I-140 with company B and will have to do it while outside of the country. ( This process does not require a new quota).

Is this true? any ideas?

any CT members coming along with you.. ?

None of them have PM'd or called me so far.

Does your spouse also recieved rfe on 485, in my case both of us got the RFE, still waiting for the document ...


This is my first post, in this website.

I recieved an RFE on my I-485 .

This is a brief summary as to what was asked,
if I am still working for the current employer, or for an intended future employer.

1. Specific Job Title
2. Duties of the offered position
3. Minimum education or training requirements
4. Start date of the employment.
5. Offered salary or wages.

Mine is EB-2 PD APRIL -04.

I did not change my employer, and all the quries asked were already answered during the labor and I-140 stage.

Did any one get similar RFE , plase let me know more in detail

My concern is why would USCIS want to know these details at this stage?

Thanks
SK26

I started talking to new employer about my joining and I requested for preparing PERM stuff before I join. This is the only this I want the new employer to do on behalf me before I join with him. The employer said Prevailing Wage determination takes 2 months. And the new employer mentioned that he can not do Prevailing Wage determination without joining. Is this right?

PWD has nothing to do with you joining them. All DOL does in PWD is it assigns a salary range based on the location of the job and the minimum requirements defined for the position. BTW, it is infact taking 2-3 months to get PWD these days.

If somebody wants to create a seperate message, release it, I can dig it.

There you go:
http://desicritics.org/2007/07/06/004733.php

How would I add my details to the tracker. When I click on the IV Tracker it lists the existing entries but I am not able to find an option to add my own details.

Its very ambiguous.....on one hand they say:
and then they also say:

So we cannot call the USCIS even if the RD is July 2. :confused::confused::confused:

Yes, we cannot call them till processing date > received date + 30 days!

I do not wish to refile my GC.. I just wanted to know if I can get my HB1 renewed even after the underlying 140 is revoked...

I never said it was. What I am saying is that it's off topic considering what he wants to achieve.


He will? Why?


Again, that's got nothing to do with the desire to learn Win32.


And so can using the WPF in .NET, but how does that help with learning Win32?

Sorry for going a little off topic... I just was showing him some things related to Win32, like if I showed him MFC or COM.

Anywho, Win32 is a pretty cool API. One thing I'd recommend is Visual Studio's help files, or just creating a project in visual studio where the Win32 code is written in automatically, and then studying that code.

If you're not using Visual Studio, a highly recommend you use it as a compiler. There is a scaled down free version.

Its almost common knowledge that most of L1s are given to rank and file employees. Out of all the L1 people that I know, there's not even one that can be said to possess specialized knowledge. I'm sure there are a few legitimate L1 cases.

Don't give me this divide and conquer crap. A loophole is a loophole and it needs to be plugged, be it H1 or L1.

Nice work vd...lol I only see one path...

Most people think law suit is a bad thing, but that is not right. In a democratic country law suit is the right way to deal with things. We are legal immigrants, we have all the rights to file a law suit, but with full support of IV.

People have already filed a law suit on the same day the President signed the bill! (yesterday, the wire tapping bill...)

By filing a law suit, all we are trying to do is to fix the laws which are not working. Basically, we are doing the right thing. Not only us, but future Legal immigrants will be benefitted, they don't have to go thru what we had to...

Here are the things that needs to be fixed...

1. Country quota
2. Recapturing visas.
3. 3 year EAD/AP
4. End the endless wait ( Proposing a new law )
5. Remove the same/similar confusion in AC21


What is "End the endless wait" ?

EAD is a very good example, If 90 days have passed after filing EAD, you have the option to go to a local USCIS office and get a temp one. We should have a similar option for all the peper work. For example, each and every stage in green card process should have a a day count for processing. Like name check should be completed in 180 days.

Basically, when we receive any receipt notice, it should have a statement which reads "We have received your application and we will take action within 180 days. If we fail to act by MM-DD-YYYY, Please go to the nearest USCIS for approval.."

Sounds little ambitious ?? well, we are not asking for too much, just a day count. Lets say if the whole Green card process takes 3 years or 10 years based on the day count for each stage, people can decide whether they want to immigrate to USA with a clear idea that it will take x days to become a permanent resident ( like how it works in all other countries except USA)

Even a person jailed gets to know how long he is going to spend his time behind bars, but we do not know when we will be free from this immigration mess!

I need to transfer money every month to my mother in india as a monthly automated transaction. ..she has a account in Canara bank ..what is the easiest rather cheapest rather free way to send from the US..

any help is appreciated..
thanks
:)

If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.

The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.

If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).

If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.

I'm not sure if I've read it right, but it looks to me like you have made a public confession here.

Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.

One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.

Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.

has there been any update from fragemon