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  • riteshc@gmail.com
    09-05 05:52 PM
    My company lawyers have been preparing for the last 5 months to file for my PERM application. After completing the recruitment stage and getting ready to file, they for some reason have come to the conclusion that the high number of resumes received could land the company in trouble for this case plus future applications.

    Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?

    Any comments/ assistance would be most appreciated.

    Thanks





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  • chanduv23
    10-27 03:45 PM
    Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.

    Change is hard - but change definitely brings new hope and prosperity.

    With bad economy, Green Card issues, visa retrogression, layoffs, bad stocks, housing crisis and with growing inflation - all we do is hope and strive towards betterment.

    Diwali is a celebration of the victory of good over evil and I wish this Diwali will bring victory to the well deserved.

    Lets all be together in turbulent times and work towards the change that we always want to see.

    IV has helped us all and continue to help us. IV is nothing but all of us together. Lets all pledge our support to IV on this thread.





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  • Libra
    07-11 08:24 PM
    Beware he might shoot you:D bad idea

    Expecting help from Cheney ?:confused:





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  • amoljak
    03-24 03:32 PM
    Here is an example of how they twist the facts.

    http://www.numbersusa.com/overpopulation/ourlostfuture.html

    A 4th grader (not from the US) can point out that this graph is not to the scale and incorrect.

    We should collect their responses to questions and may be setup a site called falsenumbersusa.com to post them and point out the fallacies



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  • sanagani
    03-08 02:54 PM
    Appreciate your answer,,thank you





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  • kaisersose
    12-17 10:16 AM
    This is hardly the way to handle a 485 rejection. Your statements not supportd by details are very dubious. If what you are saying is indeed true, go talk to your lawyer. Asking incomplete, questions on a discussion forum is hardly the way to go.

    USCIS will not send a bald letter with a one line statement that your 485 was denied. They are required to provide a detailed justification in defense of their decision. And this again makes your claim suspect.



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  • prioritydate
    09-21 11:45 PM
    I was in a consulting field with employer taking 30% and me getting 70%.

    He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.

    My question is why not he acted immediately after knowing the error?
    Why should I pay for somebody's mistake?
    Am I going to get any tax benefit now?
    Why not he deducted single penny in last 2 months before I left?
    I didn't sign any paper to pay him back over a period neither did he come up with any plan.

    All this proves that he agreed to waive off while I was working for him.


    In my view, it is his mistake. I am seriously think that he is lieing to you. First of all, deduction 400$ biweekly is too much. You didn't specified if you have any dependents. If you are single, then he is really lieing to you. I say just file a complaint with DOL in your home state.





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  • p_kumar
    11-25 09:12 PM
    I am doing the same - full time H1B, part time school. Can use EAD for assistantship and full time school next year (if GC does not come through). If GC is approved(hopefully) since NC is already cleared and PD is current, I will continue about 6 months more full time with employer and do part time school.

    How do you know that your namecheck is cleared?. thanks



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  • gondalguru
    07-05 01:25 AM
    Actually it would have been greater mess if they would have allowed to file 500 to 700k persons if that number is correct. Mainly those who are missing the bus due to marriage and other reasons would have suffered a lot. PD date movement
    should be as accurate as possible or gc number should be increased. Or if they allow to file everyone then processing of application should be based on PD.

    I disagree. Who ever is able to file AOS gets associated benefits of EAD/AP/AC21 etc and it never hurts to have these benefits available.

    I agree with your last suggestion. I-485 processing should be according to PD.





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  • ggc
    08-18 01:38 PM
    Thank you for your reply. It was not arrest record. My attorney says "if immigration office explicitly asks about this incident then only give that information otherwise not".

    But in I485 document (page3) it has around 14 questions, during the interview do they ask all these questions verbally or do they just ask us sign this document or do they ask something else?

    I heard they take oath from us, is that oath same as those questions in I485?



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  • PD_Dec2002
    07-07 09:46 PM
    We just published the ad a week ago. Is that a big deal to revise now ?

    Well, it's going to cost the company to put out a new ad. Might be a big deal for them.

    Thanks,
    Jayant





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  • cdeneo
    06-01 08:49 PM
    With the news of onset of RFE's - does the attorney only get the RFE or do both the attorney and the applicant get a copy of the RFE.

    I am sure many would have this question - my attorney on the submitted G-28 form was one tied to my previous company. I have switched jobs since then but have not submitted AC-21 notification (though I qualify for the same). I have not submitted a new G-28 form to change attorney representation since I do not have an attorney at this time.

    I just want to make sure that incase an RFE is issued - I get a copy even though my old attorney is on file. Any input/advise will be much appreciated on how to make sure of the same.



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  • NolaIndian32
    04-28 02:20 PM
    If your I-94 is only issued until your H1B is valid or until AP is valid, you don't have to worry about extending your I-94 once that H1b or AP expire. When you renew your H1b or AP, it acts as your I-94. Matter of fact, the bottom portion of your H1b approval notice is also the new I-94.

    I have travelled numerous times between the US and India since 1994 and not once did I ever worry about the validity of the I-94 because I was always "in-status".





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  • morchu
    05-10 09:41 PM
    Maybe somebody else from here can answer from their experience. But here is what I know from my readings in USCIS press releases related to the infamous July Fiasco.

    1.
    On July 23rd USCIS published a QA and it specifically addresses the issue regarding Fee.
    ==========================
    Q7: Which fees apply to I-765 and I-131 applications associated with AOS applications filed on or after July 30th under the July Bulletin?
    A7. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107. These fees will remain in effect for all such applications filed between July 17 � August 17, 2007.
    ==========================
    You have to keep on paying the fees for i765.

    2.
    What is the confusion here? Do as what the instruction says. It is pretty elaborate.
    Copy of your respective passport pages.
    I think there was some wiki's somewhere listing the documents to send for EAD.

    3. Do as the instruction says.

    HI
    I am planning to file a for a fresh EAD or new EAD.
    I had filed 485 on 08/06/2007.

    Now I have the following questions:

    1) I am confused about the filing fee for EAD. Some say Filing fee is dependent on your 485 filign date.
    For example, on usics website under 'Special Instructions' it says (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D)
    "If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date."
    Does that mean I donot have to pay any fee to USICS for EAD application?

    2)What are the documents I have to submit along with I-485 receipt, I-94 copy & 2 photos?
    On the I-765Instr document it says
    "You must submit a copy of your Federal Government-issued identity document, such as a passport showing your picture, name and date of birth; a birth certificate with photo ID; a visa issued by a foreign consulate; or a national ID document with photo and/or fingerprint.The identity document photocopy must clearly show the facial feature of the applicant and the boigraphical information."
    Which document I should provide as per the above statement?

    3)What is the EAD application current processing time for Nebraska as I am in California and have to apply to NSC(Nebraska)?

    Thanks in advance.



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  • rajenk
    04-21 01:37 PM
    First of Change the subject of this thread. This is confusing to state that your I485 is already denied.

    To your question:

    1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.

    2. Opening MTR takes months, if you are lucky then it might be quick.

    Now a question to you.

    1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.

    The safe bet:

    That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.

    Just my thoughts, better consult with a lawyer if you are in such a situation.

    Good luck.

    Raj





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  • caond
    05-07 11:29 AM
    I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.

    How did you move from U. of colorado to VCU?



    After I graduated in UC, I applied the postdoc in VCU (Aug/2007). My J1 visa is still J1-student, sponsored by UC, but they added "Academic Training" on it. It will be expired on July/2010.

    Now I am applying for J1-scholar, sponsored by VCU to continue my project until 2013. And as you can see, they (VCU advisors) said the 12-month bar applied for my case. I dont know if they already cared about the exception.

    As you advised to me, I will discuss with them about this case is "transfer/change category from J1-student to J1-scholar" not "new program" so the exception is applicable for my case. Is that right?

    Thanks a ton again. I truly appreciate your help.
    Cao



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  • coolpal
    03-27 12:33 PM
    Hi,

    I have posted a couple of times regarding my earlier situation in other threads, but I decided to create a new thread since I haven't seen a similar case before. Here's my situation:

    I was working for company A (consulting firm) on h1B since Oct 2005 and also have an approved Labor and 140 from A. I have applied for 485 in Jul 2007, and have valid EADs and APs (and extensions), but I wanted to maintain h1b status, since I have only used 3 years so far and I am the primary applicant, and my wife gave up her approved labor and h1b to work on EAD she got as a secondary applicant to my 485... so I really wanted to stay on H1B for that "Just in case" situation... I know I am paranoid ;)
    So I applied for h1 extension in June 2008 with company A, but it was pending forever... contacted USCIS once in Nov 2008, but nothing happened... I got suspicious of the company's record since I was told that comp-A was under review by USCIS for excessive h1 usage, so I decided to transfer my h1b to Company B in Dec 2008 and invoked AC21 (sent the letter)... my original h1b has expired by then and so did my I-94, but since my h1 extension was still pending, I was told it would be ok.

    In jan, USCIS sent an RFE for my transfer case requesting for various things like all my W2s since I started my h1b, EVLs from my client and Vendor, contracts between Client, Vendor and my Employer (B) etc., we also included my Paystubs for the last 6+ months and also for all of 2006 etc., and responded to the RFE in Feb, and it was again pending till mid March, when USCIS sent a similar RFE for my original extension case to company A. I no longer work with them, so I expect them to revoke my h1 petition.. so just to be safe, I applied for premium processing for my h1 transfer on Mar 13th and I got a second RFE on 3/19, which we got this week. This time USCIS sent something like this...

    What is the status of your original h1 extension? (I thought they would know ;)), and since your I-94 has expired, we might have to transfer your case for Consular processing.. if we decide to do so, what is your choice for the consulate?

    My lawyer said, they'll respond to the RFE explaining the current status, and also try to explain that I was in status all the time and request for COS instead of Consular Processing, but she says we have to let them know of the consulate in case they decide to transfer it over... and recommends that I chose Chennai (since company B is registered as BEP at Chennai).. she also said, since I have a valid EAD, I can choose to work on EAD if they decide to transfer my case to CP... and when I am ready to travel, I can go to Chennai to get my visa stamped and come back in H1b.
    Is it true that I could do something like that? I thought once I use EAD, there's no going back. Someone please shed some light on this.

    I have come to US for Masters and have worked on CPT and OPT for about 1.5 years before I got onto H1B. I was always paid well more than the LCA wage, and am currently being paid more than my approved labor wage. I have no problem in proving my legal status here, but as you can understand, I am worried and paranoid to go for stamping in these difficult times.. I am afraid they might come up with some reason to deny my entry/visa like 'there are so many citizens without job' etc.,

    Any productive feedback is highly appreciated...

    pal :)





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  • v2neha
    04-08 10:28 AM
    PD Aug 03
    RD July 07
    ND Aug 07
    EB3 - India





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  • raysaikat
    05-07 11:10 AM
    Thank you so much Raysaikat ! The below is the explanation for 22 C.F.R. � 62.42. Do you think it's applicable for my case ? Thanks again.

    � 62.42 Transfer of program .

    62.42(a)
    (a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.

    62.42(b)
    (b) The responsible officer of the program to which the exchange visitor is transferring:

    (1) Shall verify the exchange visitor's visa status and program eligibility;

    (2) Execute the Form DS-2019; and

    (3) Secure the written release of the current sponsor.

    62.42(c)
    (c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:

    (1) The exchange visitor his or her copy of the Form DS-2019; and

    (2) A notification copy of such form to the Department of State.

    I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.

    How did you move from U. of colorado to VCU?

    It may be the case that defining your proposed change as "transfer" or a "new program" is up to the discretion of the international advisor at VCU, and the first time s/he considered the move as a "transfer" and s/he is considering the new/proposed change as a "new program". It may also be the case that since you are not changing the school, s/he is not defining it as a "transfer". You need to speak with the advisor at VCU and ask to explain the reason s/he is considering the new/proposed change as a "new program" instead of a "transfer", and ask him/her to refer you to the applicable legal definition language (e.g., section number in CFR).

    In any case, it is the international advisor at VCU who has to approve your paperwork; so you cannot get around him/her.





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    nc14
    07-08 05:52 PM
    I was on my way today for the drive in Cincinnati with 3 others and called them on my way when they informed us that they had an overwhelming response yesterday and are out of kits. They said they will be back the coming weekend and again. I am praying that he gets the donor ASAP. Hoping for the best.

    GO IV GO....



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