mammoy2k
09-10 06:58 PM
The reason Yates memo talks about significant wage diff is to determine whether job classification is the same. It is possible that someone working in IT as a programmer starts his own company/switches to another IT company and starts to do business development. Now there would be significant wage diff coz BDev people get paid more than an IT professional. In such a case USCIS would not allow AC21.
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
One quick question about salary limitation. Where is this mentioned. I went through the following link posted on this thread earlier ( see below). It says clearly no restrictions on wage. Please suggest, why is this a issue.
Please understand, i am trying to learn from others experience and definaltely not contradicting any one here.
http://www.murthy.com/news/UDac21qa.html#8
Q) If I change jobs, does the new employer have to pay the wage stated on the labor certification? TOP
No. As explained by the INS in the June 2001 Interim Guidance Memo, the new job does not have to be at the same wage level, nor is there any requirement that the new position pay a rate equal to the "prevailing" wage. The only restrictions are that the pay must be sufficient to demonstrate that the person will be self-supporting and not become a "public charge."
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payur
06-27 08:15 AM
You seem to have got your case approved and you have filed your wife's I485, correct me if I am wrong.
What do you say to people who have been waiting from 2002 and 2003 and 2004, as of today there is no difference for person who got labor approved in May 2007 and case with priority date May 2003. For lot of them it has been a frustrating and stressful period, mainly because their spouses have been idle.
How on earth can you come with this idea, see the traffic on this site now, when core IV team was fighting for the retrogression and other benefits for our cause, there were very few. The world is selfish buddy. I wish you good luck on this idea.
What do you say to people who have been waiting from 2002 and 2003 and 2004, as of today there is no difference for person who got labor approved in May 2007 and case with priority date May 2003. For lot of them it has been a frustrating and stressful period, mainly because their spouses have been idle.
How on earth can you come with this idea, see the traffic on this site now, when core IV team was fighting for the retrogression and other benefits for our cause, there were very few. The world is selfish buddy. I wish you good luck on this idea.
arnab221
10-12 10:52 AM
---
Yes, this issue is on IV's agenda and we will not rest till we fix it.
On 7th July, when Fightnow, had organized a small rally in San Jose.
Another IV member had asked me a similar question, Karthik are you reading this? Yes, we care, was my answer then and now.
Hello GSC999 ( I forgot your real name :-) ) .
It was good to see and meet you at the rally .I was wondering if IV or its leadership have any updates on, when any bill ( if any) will be unveiled in the house . The end of the year is fast approaching and although we hear every other day that Nancy Pelosi or Zoe Loefgren is going to unveil something , nothing seems to happen . Only letters are flying back and forth each day from Governers and Tech industry representatives , but there seems to be no action . I prefectly agree with the fact that people are getting a bit overly impatient on the issues here , but I who has been patiently waiting and waiting and working with the state chapters just see a lull and silence on the immigration front ( Skilled and Unskilled ) . No one wants to talk about it or do anything about it on the Hill.Please prove me wrong here , I WANT TO BE WRONG !!!
DC Rally participant ( 2 + 1)
Texas State Chapter member
Regular $ Contributer
Yes, this issue is on IV's agenda and we will not rest till we fix it.
On 7th July, when Fightnow, had organized a small rally in San Jose.
Another IV member had asked me a similar question, Karthik are you reading this? Yes, we care, was my answer then and now.
Hello GSC999 ( I forgot your real name :-) ) .
It was good to see and meet you at the rally .I was wondering if IV or its leadership have any updates on, when any bill ( if any) will be unveiled in the house . The end of the year is fast approaching and although we hear every other day that Nancy Pelosi or Zoe Loefgren is going to unveil something , nothing seems to happen . Only letters are flying back and forth each day from Governers and Tech industry representatives , but there seems to be no action . I prefectly agree with the fact that people are getting a bit overly impatient on the issues here , but I who has been patiently waiting and waiting and working with the state chapters just see a lull and silence on the immigration front ( Skilled and Unskilled ) . No one wants to talk about it or do anything about it on the Hill.Please prove me wrong here , I WANT TO BE WRONG !!!
DC Rally participant ( 2 + 1)
Texas State Chapter member
Regular $ Contributer
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mjULTRA
02-12 03:47 PM
Cool Kit. very original...
Soul - I voted a few days ago, but never posted why, and decided to add my coments, after i voted. Good Job everyone who entered..
Soul - I voted a few days ago, but never posted why, and decided to add my coments, after i voted. Good Job everyone who entered..
more...
mrajatish
12-14 08:40 AM
If an employer does not take advantage of employees by doing illegal things while applying for labor sub (e.g., asking for money, asking employee to sign a bond etc), it is a legitimate way to get GC. I have repeatedly said that PD transfer during labor sub should be stopped, if possible. However that has consequences too because of the stupid "labor must be pending 1 year for H1 extension" rule.
There are legitimate scenarios for a company to use labor sub when they want to hire someone in their 6th year of H1 or children of employees they have hired are going to become 21+ and need to apply for 485 before that happens. There could also be concern about H1 stamping in some countries and hence getting AP becomes important.
However, there are lots of bad apples with labor sub (read as companies taking advantage of employees) too. Overall, labor sub would not be an issue if there were adequate visa allocations for high skilled individuals.
We really need to concentrate on the bigger agenda of getting favorable laws passed. At the same time, any abuse of the system (e.g., bad apples) should be reported, if not by the employees but by their friends etc.
-Raj
There are legitimate scenarios for a company to use labor sub when they want to hire someone in their 6th year of H1 or children of employees they have hired are going to become 21+ and need to apply for 485 before that happens. There could also be concern about H1 stamping in some countries and hence getting AP becomes important.
However, there are lots of bad apples with labor sub (read as companies taking advantage of employees) too. Overall, labor sub would not be an issue if there were adequate visa allocations for high skilled individuals.
We really need to concentrate on the bigger agenda of getting favorable laws passed. At the same time, any abuse of the system (e.g., bad apples) should be reported, if not by the employees but by their friends etc.
-Raj
qplearn
12-12 01:16 PM
You wont be disappointed.
This country doesn't care about legal immigrants, all they care is about illegals and big businesses..Does anyone know how to go to Canada ? Please tell me ..please please...Or any other country other than India..doesnt matter even if it is Iraq..please tell me, I am tired of waiting for visa bulletins and putting my life on hold..please...
:-):-) Hehehehe folks..please continue from here, cant give more than this for now!!
Don't moan or groan :) Against the law :)
This country doesn't care about legal immigrants, all they care is about illegals and big businesses..Does anyone know how to go to Canada ? Please tell me ..please please...Or any other country other than India..doesnt matter even if it is Iraq..please tell me, I am tired of waiting for visa bulletins and putting my life on hold..please...
:-):-) Hehehehe folks..please continue from here, cant give more than this for now!!
Don't moan or groan :) Against the law :)
more...
vik123
08-15 01:20 PM
could you please share who received your app? Mine reached at 8:26AM on 2nd July too.
Thanks
I don't know as my lawyer sent the papers and he told me only about the time it reached at NSC.
Thanks
I don't know as my lawyer sent the papers and he told me only about the time it reached at NSC.
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ramus
06-20 07:44 AM
Great.... Thanks.
Today is the next day of my GC freedom, and I am still on this forum, I didnot mean to leave the Forum, I still support IV with all my heart.......:D
Today is the next day of my GC freedom, and I am still on this forum, I didnot mean to leave the Forum, I still support IV with all my heart.......:D
more...
Michael chertoff
12-29 06:25 PM
My situation,
I am a july 2 filer, planning to use EAD to work in diifferent company in same profession(NOT invoking AC21). On I-485 approval want to come back to the original employer who filed I-485. my company is supporting and willing to support for any RFEs.
Please tell me if it is going to work and what are the risks involved.
Thanks in advance
MC
I am a july 2 filer, planning to use EAD to work in diifferent company in same profession(NOT invoking AC21). On I-485 approval want to come back to the original employer who filed I-485. my company is supporting and willing to support for any RFEs.
Please tell me if it is going to work and what are the risks involved.
Thanks in advance
MC
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GCInThisLife
07-19 12:52 PM
The company filed for her H1B COS which was approved with new I-94. Lot of people with consulting firms especially spouses would be in similar situation and while following the forums, I haven't heard many denials with this reason i.e., joining the employer a little later for H1B approval.
So what are the chances of getting a RFE or denial? Since we already filed for 485, I am not sure if there is anything we can do.
So what are the chances of getting a RFE or denial? Since we already filed for 485, I am not sure if there is anything we can do.
more...
sgkgops
07-07 02:29 PM
Wow...good publicity....
>>http://video.msn.com/v/us/fv/msnbc/f...e-91f2915adc79
Is it right episode? I didn't see anything relate to july bulletin. Can you sent the right padcast?
>>http://video.msn.com/v/us/fv/msnbc/f...e-91f2915adc79
Is it right episode? I didn't see anything relate to july bulletin. Can you sent the right padcast?
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morchu
04-19 11:48 AM
No. You cannot get bachelors in india with 14 years.
The Diploma route for bachelors is this...
10+3(diploma)+3(bachelors).
For some other schools
10+3(diploma)+4(bachelors).
So in effect, the diploma route also puts you in 16 years / 17 years for Bachelors of Eng.
It might be extremely difficult to claim 14 years equivalent as US bachelors.
-Morchu
Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.
OP, could you please confirm if this is the case with your background.
The Diploma route for bachelors is this...
10+3(diploma)+3(bachelors).
For some other schools
10+3(diploma)+4(bachelors).
So in effect, the diploma route also puts you in 16 years / 17 years for Bachelors of Eng.
It might be extremely difficult to claim 14 years equivalent as US bachelors.
-Morchu
Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.
OP, could you please confirm if this is the case with your background.
more...
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indian
12-20 06:14 PM
Hi,
Great post. Question: does anyone know where -- preferably online -- can I get hold of the text of immigration law sections referred?
I am not doubting the veracity of the post. But I think it would help if I -- and also others -- can actually read the relevant sections, and possibly the entire chapter, of the law text to really understand for ourselves what it says.
I think doing this would also help us have a much more informed and to the point debate.
Indian.
Great post. Question: does anyone know where -- preferably online -- can I get hold of the text of immigration law sections referred?
I am not doubting the veracity of the post. But I think it would help if I -- and also others -- can actually read the relevant sections, and possibly the entire chapter, of the law text to really understand for ourselves what it says.
I think doing this would also help us have a much more informed and to the point debate.
Indian.
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gcdreamer05
07-31 11:12 AM
Hi sanbaj should the 485 RD become current or the PD should be current is enough to open the case ?
more...
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Libra
01-17 03:16 PM
please send letters and vote here
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ups
07-27 03:36 PM
I am July 2 filer...
I mailed second set yesterday...
Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.
I am smart...;)
you really are:D
I mailed second set yesterday...
Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.
I am smart...;)
you really are:D
more...
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rockstart
02-13 09:44 AM
I received a soft lud on my H1B approved in Nov 2007. All other cases do not have any LUD. I guess it is just the system touching these records as routine maintainence.
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rpat1968
02-21 01:37 PM
Yesterday night at 9:00pm I got email from CRIS that they have issued RFE for me and my spouse.
The contents in the emails say -
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Request for Additional Evidence Sent"
Will have to wait and see what the RFE is about till we get it in postal mail.
Very curious about what the RFE is about. Have been with the same employer who sponsored the GC for last 5 years. PD in july 2004 , I140-EB2 approved approved in Nov 2006 and 2 July 2007 filer.
Did any RFE recently please post?
The contents in the emails say -
"Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Request for Additional Evidence Sent"
Will have to wait and see what the RFE is about till we get it in postal mail.
Very curious about what the RFE is about. Have been with the same employer who sponsored the GC for last 5 years. PD in july 2004 , I140-EB2 approved approved in Nov 2006 and 2 July 2007 filer.
Did any RFE recently please post?
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sanbaj
08-01 10:39 AM
Hi Sanbaj,
You are very helpful and thanks once again for sharing your experiences and knowlege on interfiling.
Regards
GC_wait2002
Thanks for your appreciation. Glad that I could help.
You are very helpful and thanks once again for sharing your experiences and knowlege on interfiling.
Regards
GC_wait2002
Thanks for your appreciation. Glad that I could help.
desijackass
04-09 11:31 AM
Same here, fraud bodyshop consultants make life miserable for genuine applicants and also give a bad name to the H1B process. It's more like an easy ticket to come to the US as opposed to being qualified for a job. I wonder what people think , that life gets better once you start with fraud??
sargon
08-24 03:25 PM
You have written..
....I have e-filed for Travel Authorization Document (I-131) receipt number XXXXXXXXXXX....
How would we know the receipt number of I-131 petition before filing it? Chicken and egg problem? Or am I missing something?
Date
To,
The Immigration Officer,
USCIS,
(processing center address)
Re: Application for Travel Document.
Dear Sir/Madam,
This is (YourName), I have e-filed for Travel Authorization Document (I-131) receipt number XXXXXXXXXXX. I need travel document to travel to India in the month/year to attend marriage/or some story.
I am eligible for travel document based on pending 485/AOS receipt number xxxxxxxxxxxxx.
Attached are the supporting documents. Please feel free to contact me if you need any additional information.
Documents Attached:
I-765 Receipt Notice
Passport copy
I-94 copy
I-485 - Receipt Notice
Previous Travel Document copy
Drivers License copy
Thanks,
Name
Address
Phone
Email
I- 485 Receipt Number XXXXXXXXXXX
....I have e-filed for Travel Authorization Document (I-131) receipt number XXXXXXXXXXX....
How would we know the receipt number of I-131 petition before filing it? Chicken and egg problem? Or am I missing something?
Date
To,
The Immigration Officer,
USCIS,
(processing center address)
Re: Application for Travel Document.
Dear Sir/Madam,
This is (YourName), I have e-filed for Travel Authorization Document (I-131) receipt number XXXXXXXXXXX. I need travel document to travel to India in the month/year to attend marriage/or some story.
I am eligible for travel document based on pending 485/AOS receipt number xxxxxxxxxxxxx.
Attached are the supporting documents. Please feel free to contact me if you need any additional information.
Documents Attached:
I-765 Receipt Notice
Passport copy
I-94 copy
I-485 - Receipt Notice
Previous Travel Document copy
Drivers License copy
Thanks,
Name
Address
Phone
I- 485 Receipt Number XXXXXXXXXXX
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