little_willy
11-25 12:18 AM
I would suggest just sending the G-28 forms with the new attorney information. Once this is submitted, call USCIS customer service a week or two later to confirm that the correct attorney information is on file. Later, if you wish, you can send the AC21 documentation. As always, any documents to USCIS should be sent by certified mail or something similar to show the proof if you need it later.
As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.
As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.
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copsmart
02-20 08:44 PM
You are not alone�
This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.
Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.
How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a
This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.
Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.
How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a
glus
10-19 08:28 AM
Dear friends,
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
Hello,
INA consists a section of "Presumption of Visa Fraud." It basically states that if a person who entered to the U.S. for the FIRST time and changed status to a different visa category while in the U.S. before 60 days in the initial status have passed, that person might have committed a visa fraud and intended to do it in the first place. Do a google search - "presumption of visa fraud 60 days." I am sure of this as I worked for an immigration law office and we had a few clients with the same problem. After 60 days since you had arrived, that should not be a problem; generally speaking. I would recommend you speak to an immigration attorney before doing it, or request a H-1B visa approval with H1b visa to be issued in your own country instead of changing status in the U.S. now.
I entered to US on 5th October 2009 on B1 visa and at POE I was given 3 months duration to stay.
I came here to write physical therapy licensing exam on 8th OCT (same is mentioned as an annotation on my B1 visa) and now I passed the exam and licensed.
Now a hospital is ready to file a H1B work visa for me through premium processing and they want me to start working for them immediately.
Dear friends, kindly let me know whether its safe to change the status within 15 days of my entry. And if not how many days should I delay the filing of H1B. I would like to change the status here without going back to my country for H1B.
And also whether this will have any future adverse effect when I file the immigrant petition. Thank you very much for your valuable advise in advance.John
Hello,
INA consists a section of "Presumption of Visa Fraud." It basically states that if a person who entered to the U.S. for the FIRST time and changed status to a different visa category while in the U.S. before 60 days in the initial status have passed, that person might have committed a visa fraud and intended to do it in the first place. Do a google search - "presumption of visa fraud 60 days." I am sure of this as I worked for an immigration law office and we had a few clients with the same problem. After 60 days since you had arrived, that should not be a problem; generally speaking. I would recommend you speak to an immigration attorney before doing it, or request a H-1B visa approval with H1b visa to be issued in your own country instead of changing status in the U.S. now.
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vgghanta
05-24 10:01 AM
I am a Pharmacist. Changed the employer oct 2006. Had my perm filed thru previous employer and also I-140 approved thru previous employer in Aug 2006. My new employer has initiated the process for PERM. What will happen to my case? Will I be under old system or will I go under merit based system.
If I go under merit bases system what would be my chances? I have Masters in Pharmacy from India and has 3 years of US experience.
Someone please advise. I guess I have to repent for changing the employer.
If I go under merit bases system what would be my chances? I have Masters in Pharmacy from India and has 3 years of US experience.
Someone please advise. I guess I have to repent for changing the employer.
more...
Jerrome
11-30 11:36 AM
What is your PD and nationality. without this information nobody can even GUESS how it happened.
ksvreg
02-25 01:37 PM
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.
Thanks a lot for your input. So I can join after the PWD is done.
Thanks a lot for your input. So I can join after the PWD is done.
more...
pmpforgc
04-27 10:18 AM
Hi
I think it is true that you need to be careful with Indian immigration people.
Two three years back One of my senior NRI friend's wife who is US citizens passport was Intentionally Lost by Immigration People at bombay airport by immigration people, which could be recovered after SEVERAL DAYS of INTENSE PRESSURE on immigraton people by US consulate authorities as well as official complaints at Police.
SO you can not ignore this issue. You definately need to be careful when you hand over your documents to Airport peoples at Indian airports.All may not be that bad, but several such cases are happened.
I think they do this only to NRI to earn lot of money out of immigration racket. with recent involvement of MP etc. in racket we can see that how deep this thng can go if people are not careful or opposing it at every chance.
Citizens of other countries who are not NRI does not need to Worry about this as they can not earn anything with their passport US visa stamp etc. So they will never do these type of thing with any other foreign citizen who is not NRI (non-resident indian)
I think it is true that you need to be careful with Indian immigration people.
Two three years back One of my senior NRI friend's wife who is US citizens passport was Intentionally Lost by Immigration People at bombay airport by immigration people, which could be recovered after SEVERAL DAYS of INTENSE PRESSURE on immigraton people by US consulate authorities as well as official complaints at Police.
SO you can not ignore this issue. You definately need to be careful when you hand over your documents to Airport peoples at Indian airports.All may not be that bad, but several such cases are happened.
I think they do this only to NRI to earn lot of money out of immigration racket. with recent involvement of MP etc. in racket we can see that how deep this thng can go if people are not careful or opposing it at every chance.
Citizens of other countries who are not NRI does not need to Worry about this as they can not earn anything with their passport US visa stamp etc. So they will never do these type of thing with any other foreign citizen who is not NRI (non-resident indian)
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pboy
03-25 02:48 PM
When I traveled to Hyd, my luggage went missing. They found that the connecting flt to JFK didn't deliver the bags to Emirates. I got that after 2 days. But they gave me $50 at Hyd and also amount equivalent 2 2nd AC train tickets to my District. They have really good shops at Dubai airport.
One of my friends took a tourist Visa and went to visit Dubai on this return trip to US. He was sent to additional screening at JFK after seeing Dubai visa in his PP. No problems at the end. This is just an info.
One of my friends took a tourist Visa and went to visit Dubai on this return trip to US. He was sent to additional screening at JFK after seeing Dubai visa in his PP. No problems at the end. This is just an info.
more...
vnsriv
03-31 04:32 PM
I am taking a guess that what Ronnie meant to say was that, Tax filing (whether or not you file jointly) has no implications on your immigration process... which is true.
If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !
I second this. Tax Filing has no implications on your immigration status.
If you filed 'married filing separately' does not mean that you dont want to support your spouse anymore as a derivative of your I-485 !
I second this. Tax Filing has no implications on your immigration status.
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YesGC_NoGC
03-19 10:06 PM
There are no TAX on selling price as long as you stayed in the house for 2 year , you can exclude up to $250,000 ($500,000 for a married couple)
If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000
When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.
I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!
More over are you making any money on the property sale now a days?!
FED allows
What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000
When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.
I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!
More over are you making any money on the property sale now a days?!
FED allows
What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
more...
mpadapa
08-09 02:30 PM
bump
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smisachu
11-08 12:06 PM
Hi Guys,
I am planning to Visit in Jan. How soon should I or can I book an appointment? I can go to any consulate...
I am planning to Visit in Jan. How soon should I or can I book an appointment? I can go to any consulate...
more...
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RDB
08-03 02:38 PM
Alright - my wife and I completed the Interview today and they asked for proof of relationship (joint assets, tax returns etc.), current employment letter and Birth Certificates. After that the officer told me that he has approved the case in the system, however, as my PD is not current they can't give me the actual card.
He also mentioned that this is the last ritual in the process and once the dates become current, all they need to do is to order the card production!
I did ask him why we were called for interview when the dates are not current and he said that the best way to process the applications received during the deluge of July 2007 is this way :) - he was kind of mad at DOS for doing that!
So, I guess I just have to wait for the Dates to become current - which might take another 5-10 years :D
Thanks for the link. Looks like I will have to get ready for an interview!!!!
He also mentioned that this is the last ritual in the process and once the dates become current, all they need to do is to order the card production!
I did ask him why we were called for interview when the dates are not current and he said that the best way to process the applications received during the deluge of July 2007 is this way :) - he was kind of mad at DOS for doing that!
So, I guess I just have to wait for the Dates to become current - which might take another 5-10 years :D
Thanks for the link. Looks like I will have to get ready for an interview!!!!
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gcnirvana
07-17 02:34 PM
IV is a public forum and recently its under the radar from various different organizations. So please do not use profanity in your language. You never know how it might come back and bite us. Please...please...please...
Murthy is a she...and I would but I'm not single. ;)
Murthy is a she...and I would but I'm not single. ;)
more...
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krishmunn
03-07 03:49 PM
Krish,
I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.
Read carefully before jumping into conclusions.
OK your first line did say PD is saved. But what did you mean by "If your employer recalls the 140 it could casue potential disruptions." What disruptions you are talking about wrt current petition ? irrespective of it being recalled OP will need to start from PERM ; irrespective of 140 being recalled OP will be able to save PD.
To summarize , recalling 140 has NO impact in OPs case.
I did not mention that the PD will be affected. My first sentence very clearly states that his PD will not be affected. The disruptions I mentioned were with respect to his current petition.
Read carefully before jumping into conclusions.
OK your first line did say PD is saved. But what did you mean by "If your employer recalls the 140 it could casue potential disruptions." What disruptions you are talking about wrt current petition ? irrespective of it being recalled OP will need to start from PERM ; irrespective of 140 being recalled OP will be able to save PD.
To summarize , recalling 140 has NO impact in OPs case.
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sanju
08-31 12:10 PM
I think we all should VOTE in this poll.
You will waste your time if you vote in Lou Dobbs polls. His pools are rigged. These polls start in the loo as they begin by giving 100,000 votes to his ideological point of view and 0 votes in support of the opposite view. Hence the disclaimer to the pools. I suggest that we simply ignore him and don't participate in his pool. It would be one less human being giving Lou Dobbs no value, making him inconsequential one person at a time.
You will waste your time if you vote in Lou Dobbs polls. His pools are rigged. These polls start in the loo as they begin by giving 100,000 votes to his ideological point of view and 0 votes in support of the opposite view. Hence the disclaimer to the pools. I suggest that we simply ignore him and don't participate in his pool. It would be one less human being giving Lou Dobbs no value, making him inconsequential one person at a time.
more...
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surabhi
06-19 07:25 AM
Folks,
I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(
Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.
Any pointers would be really appreciated.
Thank You
-Bipin
I-485 reciepts are not part of required supporting documentation.
http://www.uscis.gov/files/form/I-765instr.pdf
see page 6:
This is for paper filing.
Need front and back of EAD card
2 photos
$340 check or None as applicable
i-485 receipt notices are required only for first time filers not filing along with I485.
I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(
Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.
Any pointers would be really appreciated.
Thank You
-Bipin
I-485 reciepts are not part of required supporting documentation.
http://www.uscis.gov/files/form/I-765instr.pdf
see page 6:
This is for paper filing.
Need front and back of EAD card
2 photos
$340 check or None as applicable
i-485 receipt notices are required only for first time filers not filing along with I485.
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Munshi75
03-07 09:52 PM
if you have your I-140 approved then you should be ok, provided your earned more than the prevailing wage for that year.
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redddiv
07-17 02:11 PM
AILA Comments on Latest Rumors
As posted on AILA to Murthy.com on July 17, 2007
It appears somewhat likely that there will be an announcement today regarding efforts by the government to resolve the ongoing controversy over USCIS' refusal to accept employment-based adjustment of status filings. "Authoritative sources" are providing wildly varying reports regarding the content of the "fix," which may indicate any number of things, including the possibility that the government is not able to come to sufficient agreement to actually produce a "fix." AILA will post updates to InfoNet as the situation progresses.
Is there any other good news
As posted on AILA to Murthy.com on July 17, 2007
It appears somewhat likely that there will be an announcement today regarding efforts by the government to resolve the ongoing controversy over USCIS' refusal to accept employment-based adjustment of status filings. "Authoritative sources" are providing wildly varying reports regarding the content of the "fix," which may indicate any number of things, including the possibility that the government is not able to come to sufficient agreement to actually produce a "fix." AILA will post updates to InfoNet as the situation progresses.
Is there any other good news
baleraosreedhar
01-08 12:53 PM
My wife had recently changed her status from H4 to H1 and had applied her SSN and got it.
So i dont think there's any new rule.
if you have a valid I94 then it should not cause any issue
So i dont think there's any new rule.
if you have a valid I94 then it should not cause any issue
Madhuri
05-04 11:34 AM
I know one of my friend who applied 3 different LCs thr' different employers and he finally applied thr' PERM and got approval. But his all 3 cases are still in pending queue. There might be many others who did this and together it may be quite substantial number. Of course no way to extract this kind of data.
Folks,
I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).
It appears on rough estimates :
2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000
Folks,
I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).
It appears on rough estimates :
2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000
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