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  • up_guy
    04-20 11:06 AM
    Guys, we keep seeing lots of messages of introduction of several bills in house/senate, but do we know what is their voting schedule in the congress, if they have any..

    Thanks for help




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  • authrd
    07-26 02:13 PM
    assuming you don't have all your I-94s and I797s,

    having W-2s/paystubs for all the years is enough to prove that you have always been in status?




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  • rameshk
    12-09 10:49 AM
    Hi
    Is visa recapture part of the this proposed dream act..? If not then it will be of no use to any of the legal workers (most of us on this forum) in the EB row.
    Thanks,




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  • seeking_GC
    07-19 01:34 PM
    I came back from India yesterday and used my AP for the second time in SFO ( had been to India last November using the same AP) and had absolutely no issues. I have used AC 21 so I am not with the employer who started my GC process.

    When you come into immigration they take your finger prints, just hand them your AP and passport and they will send you to secondary inspection.( If you are using AP you are always sent to secondary inspection), place your passport and AP in the slots placed on the table as you enter the room, the immigration officers will pick up the papers one by one and call your name if they have any questions. For me they asked if I had only one copy of my AP, I said yes as they had kept one copy the last time I had used my AP. He then asked me how long I was out of the country (2 weeks ) and whether it was business or vacation ( business in my case ), he asked me to have a seat, five mins later he called and gave me my passport and parole stamped AP ( He stamped it a second time as there was already a parole stamp on the AP) Whole process took about 20-25 mins.

    Hope that helps



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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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  • gotgc?
    11-19 12:42 PM
    along with my above post, we applied for H1B/H4 renewal yesterday even though she is working on her EAD now.



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  • barktasobebark15
    05-11 02:37 AM
    It's almost a guarantee that the tank will crack. Ask the attorneys to move it beforehand.




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  • rsdang
    06-17 09:17 AM
    Call customer service - select the address change option and when you get to a customer service agent give them the receipt number and they will verify the information on it. If it doesnt match they will advise you. Then you know if its your receipt number or not.



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  • looneytunezez
    04-16 01:09 PM
    Per The California State Supreme Court, non-compete clauses in employment contracts are not enforceable in California, except under certain conditions.

    so it all depends on your state.




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  • sabbygirl99
    07-07 08:57 AM
    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???



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  • pd052009
    10-26 02:53 PM
    While keeping the hopes in DREAM act, get a job, start GC process and you are welcome to join our line.




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  • bigboy007
    11-23 09:59 AM
    do we need a UK visa even if we have a valid stamped US passport?
    nope... but what do you mean by "Stamped US Passport"



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  • solaris27
    05-22 09:29 AM
    yes u can do it




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  • gc_buddy
    11-19 12:17 AM
    Hi All,

    My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..

    Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.



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  • zCool
    04-02 11:39 AM
    Paystub is really required document in tax law.
    These are normally state subject and are guided and monitored by state labor law departments.
    Employers don't have a choice of deciding their own period of giving you paystubs.
    So if you choose to keep working for illegal employment under illegal condition that's your problem but you can always choose to get labor lawyer involved or just send your employer link similar to one below for your state law and ask him gently "I don't doubt your intention but from what I read this is illegal and I don't want to be part of anything illegal so at least for me please send paystubs every pay-period"

    http://www.laboremploymentlawblog.com/payroll-strict-compliance-with-californias-pay-stub-law-is-essential.html

    If you don't get any response, 2 options:
    1. Stop doing direct deposit. Ask him for a check every payperiod. that's always your choice.
    2. try to transfer, and when the RFE comes , send the sent email notarized copy and affidavite and bank statements as proof of payment and delay in pay-stubs. Even if your transfer gets denied you will be okay coz you are working currently, if it gets approved, you are home free from the shackles of this slave-master.

    Put his name on the boards annonymously..




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  • imh1b
    04-19 09:06 AM
    Can the agent pay your salary as per market rate?



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  • tictac
    09-09 05:22 PM
    absolutely!! im just waiting, as soon as AC21 kicks in, i have a plan ready for these suckers

    The problem is that most H1 employee's don't know their rights.

    They think it's a norm to pay for H1 expenses from their own pocket and not getting paid on bench, which is a violation as per DOL rules.

    Hello! Wake Up! This is United States. A single complaint to DOL is enough to make most Desi employers fall to their knees and beg for mercy.




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  • Sakthisagar
    03-12 02:12 PM
    For Your First Question it is a big YES, USCIS/DOS is responsible. as per law, for the wasted visa re-capture, congress approval is not required, that decision is solely on USCIS, and USCIS can definitely make folks who are waiting on I-140 approval to file I-485 and be on EAD, that is solely under the jurdistriction of USCIS.

    Now, Please tell us what is the next step??




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  • thomachan72
    10-15 03:47 PM
    Friends,

    I'm in a position where I have to file for I-140 again. In short, my company was purchased and I had to refile I-140 under the new company's name. Since the new company does not pay for Premium processing, I'll have to shell out the Premium processing fee from my pocket.

    I need your honest opinion as to whether I must file with premium or regular? My PD: is June 2007.

    I appreciate all your comments!

    If you want to extend H1b soon go for the PP. It is worth to get this done with.
    Now that your company was purchased did you have to do the labor once again? or just the 140? Will you be able to keep the old PD?




    dreamgc_real
    01-06 09:30 AM
    CIR is impossible with the current Congress, any legislator thinking it is a possibility is only misleading!




    GC_ASP
    05-14 04:29 PM
    Texas

    Thank you very much for your prompt reply.

    You mentioned your friend has added his wife to his green card application. Can you please let me know which Center (Texas or Nevada) is processing her I-485.



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