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  • navyug
    05-14 10:59 PM
    Hi,

    Received REF this week: for LCA vioation for a particular period.
    I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
    My employer missed filling LCA FOR 2006.

    Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....

    You are faking!!!

    Here are the reasons...

    1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.

    2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).

    3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.

    4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.

    So Stop faking!!!




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  • sprash
    10-15 04:00 PM
    I saw the suggestion of asking lawyer to send AP while you travel to India without it. Although it sounds like a good idea but could be dangerous. I had a situation last year when I travelled to India with AP applied for but not approved. Unfortunately i had my old passport and visa damaged in India. When my lawyer wanted to expedite AP so that i can travel back as my old Visa was damaged and the only way to travel back was to use AP, they found out USCIS has issued an RFE on AP. Though RFP was trivial and they only wanted a clear copy of first page of passport and AP was approved immediately when it was submitted.


    I agree. This is very risky. I had applied for AP way back in June '08 and while my wife got her AP in AUG, mine was happily ignored till used DHS 7001 to escalate my case. I ultimately received an RFE saying that I did not include photos (which I know 100% sure I did ... they probably lost them). 3 Soft LUDs since they've received my photos, but no approval yet. I might be canceling my trip to India that commences on thanksgiving weekend if it does not come in time.




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  • tonyHK12
    02-11 11:57 AM
    Thank you for your input Pappu and we appreciate your diligence in the efforts to IV. However the question is: will this bill have the potential to move forward?



    The way we get this Bill and others like this to move forward is meeting lawmakers, and taking part and supporting our Advocacy days effort on April 4th and 5th this year.




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  • yabadaba
    07-21 08:52 AM
    This idea was floated a few years back, but then we did not have the win of a flower campaign behind us.

    We now have a senator to focus our energies on - Dick Durbin.

    How about everybody with a US degree send a copy of the diploma in a packet to Sen Durbin with a message - Dont hold us hostage because of a few bad apples..something to that nature?

    Alternatively we can send it to Sen Obama asking him to please let the senior senator from illinois, sen Durbin, know we are high skilled immigrants - dont hold us hostage because of a few bad apples.

    maybe we can send an apple too :D

    sending to sen obama will make sure the issue is played in media because of the presidential coverage.



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  • immilaw
    12-08 09:03 AM
    [QUOTE=gc03]Senator Judd Gregg (R-NH) 3rd-term Republican from New Hampshire.

    Contact Information
    Web Site: gregg.senate.gov

    Washington Office:
    393 Russell Senate Office Building
    Washington, D.C. 20510-2904
    Phone: (202) 224-3324
    Fax: (202) 224-4952

    Main District Office:
    125 N. Main St.
    Concord, NH 03301
    Phone: (603) 225-7115
    *************************
    Senator John E. Sununu (R-NH) 1st-term Republican from New Hampshire.
    Contact Information

    Web Site: sununu.senate.gov
    E-mail: mailbox@sununu.senate.gov

    Washington Office:
    111 Russell Senate Office Building
    Washington, D.C. 20510-2903
    Phone: (202) 224-2841
    Fax: (202) 228-4131

    Main District Office:
    1589 Elm St., Ste. 3
    Manchester, NH 03101
    Phone: (603) 647-7500
    Fax: (603) 647-9352
    *************************

    Representative Charles Bass (R-NH 2nd) 6th-term Republican from New Hampshire.

    Contact Information

    Web Site: www.house.gov/bass
    E-mail: cbass@mail.house.gov

    Washington Office:
    2421 Rayburn House Office Building
    Washington, D.C. 20515-2902
    Phone: (202) 225-5206
    Fax: (202) 225-2946

    Main District Office:
    142 N. Main St.
    Concord, NH 03301
    Phone: (603) 226-0249
    Fax: (603) 226-0476



    =========================
    Just called all 3 senators and asked to Support the High-Skilled Immigrant Interim Relief Act of 2006

    Very EASY.[/QUOTE

    Lets not start a seperate thread. We already have one http://immigrationvoice.org/forum/showthread.php?t=2483 for these messages. Please post your messages there.




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  • gsc999
    04-15 01:54 PM
    Hello, I think I made a mistake. I recently went from GC to citizenship and it cost me my job. I was
    fired shortly after becoming a citizen.

    abby
    ----
    Senthil for once I agree with you :D Tell me who moved my Cheese!

    abby: GC to citizenship, lost job eh!
    US law doesn't permit discrimination in employment based on race or Country of origin.

    There are many websites that advertise jobs in India, depending on your situation and goals. Send me a PM with your resume and phone number, I will try getting you a job in India. Average pay scale is thousand dollars/mo and commute time in 3 hours. I am sure, those are non factors because you so sincerely desire this.

    Also, I would recommend taking a break from this all and think about your future plans. I am not sure how young you are, there is a call for surge in Iraq for our troops. It is perfect time for a citizen to show his patriotism. I heard sign-up bonus is amazing :-) I was planning to volunteer, they refused me because I am a prospective legal immigrant. I want to contribute but can't, I feel bad.



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  • ck_b2001
    12-12 11:33 AM
    I got only 2 copies of AP from TSC. I might have to go to India multiple times in coming months (more that 2). Will the POE officer take the original AP on each entry? Is there any USCIS/CBP reference/guidelines that instructs the POE officer to take the copies and leave the orignals with us? Any help appriciated

    Thanks

    Give them one orginal. Subsequent trips, just tell them that you have only one original and they will make copies. Some body posted a memo but i am telling you from my personal experience that they do not insist for original if you dont want to give them one.




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  • abhijitp
    01-29 01:11 PM
    you are awesome

    NP, thanks for bumping this up.... I won't be spending any more time "bumping up" as guys who live and work around Fremont have heard this loud & clear by now...

    Fremont BART station, 5 pm to 7 pm every weekday beginning today... BE THERE!!!



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  • walking_dude
    01-30 02:10 PM
    Thanks. Hope you sent individual E-mail to each one of them.

    My request to everyone is don't send Bulk E-mails addressed to all newspapers. It will get ignored. Only individually addressed E-mails have a chance of getting read.

    Also, please don't resort to the short cut of using BCC for all the E-mails. There is a high likelihood that your E-mail will get labelled SPAM and get deleted or land in 'SPAM'/'Bulk Mail' folder.

    If your E-mail is ignored as Bulk mail it doesn't serve our purpose. So please customize the message and send individual E-mails to your local newspapers. Local papers in your city/county are more likely to give weightage to your E-mail than a newspaper based in a faraway city or county. Target local newspapers first.

    Sent email to all the ones below..
    Use following list!




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  • mhtanim
    02-02 02:59 AM
    She HAS to use AP. There is no choice of entering on F1. If she enters using F1 visa, it means she has abandoned her I-485. It will create problems later during I-485 adjudication.
    Once she enters on AP, she loses F1 status immediately. Then, she should inform her school. School will terminate her F1 status in the SEVIS database.
    She can continue studying showing I-485 receipt. EAD card will be her evidence of status.
    Once in I-485 AOS status, she will be eligible for resident tuition fees and will no longer have to pay non-resident tuition fees.

    I second this. Unlike H-1B or H4 which are dual intent, F1 is not. After filing I-485, entering in the U.S. as F1 may cause complexities. I would suggest that you talk to a good immigration attorney.



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  • krishmunn
    01-18 10:06 AM
    If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
    Talk to them if you have not started work, you might just have to pay the H1B fees

    15K for filing H1 ?????




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  • diwa209
    07-21 03:02 PM
    Gcfever007,
    thanks for the post.. on your point below -
    3. Spouse in USA as your dependent ( i.e. H4 etc.)
    he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.

    doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?

    My guess(Only a guess!, as you can tell from my no. of posts) is that if the primary applicants priority date is not current, the spouse will not be allowed to apply for I-485 and hence will become "out of status" as soon as the I-485 is approved. Good, if the dates become current(and you do apply for spouses I-485) within 180 days as we are protected under 245(K). Otherwise only option is for spouse to leave. I am not sure what happens after that.

    My assumption is based on the fact that if INS does not allow for spouses I-485 to be filed as soon as she enters the country on H4 anyway, why would they allow her to apply after approval.
    If this is correct then its a 'gotcha'.


    Questions:
    1) Should the spouse go to the home country and file a 'Follow to join' ?(on basis of marriage before approval)
    2) Can a spouse file a 'Follow to join' before leaving the home country to join primary applicant in H4, anyway (even though I-485 is not approved at that time). Just to be one step ahead, and anticipating this situation?

    3) Are there any other options?

    Can a senior member please clarify?



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  • srarao
    07-19 02:30 PM
    Hi All,
    My skin test was positive, where as my x-ray was normal.Incase I get an RFE , Can I go to my PCP or need to go only to local health dept.

    Can some body guide me
    -Srarao
    $100-so far




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  • SureShot
    06-05 11:22 AM
    You should all be very proud of yourselves.

    These are the biggest pieces of S**T I have ever seen! Congrats!



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  • crazyghoda
    06-11 10:06 AM
    Now that was some freudian slip :D. Thanks for the early morning humor.

    USCIS tops any other US pubic office




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  • RanchCharm
    07-17 08:47 PM
    Hi Sivamayam,

    Thanks for the information. I will listen to the calls. It is soothing though to here something favourable.

    I will keep checking this forum & others for similar questions & replies.

    Thanks,
    Nachi



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  • arjunpa
    08-18 11:35 AM
    Thanks for the replies guys....

    TXH1B,

    The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.




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  • BumbleBee
    08-16 04:42 PM
    Please be aware that experience gained at sponsoring employer can not be counted towards fulfilling minimum qualification requirement for labor certification. You must prove your qualification to the job prior to joining the sponsoring employer... minor details.
    So if you are planning to file a new EB2 application with same employer, just count your experience till the point you joined the company, anything afterwards is not admissible.

    BumbleBee




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  • meridiani.planum
    07-12 08:35 AM
    As long as your old I140 is not withdrawn, you can file 485. I think even if it is withdrawn, there still might be a chance, check with your NEW lawyer.

    if the I-140 is withdrawn, its too late to file a 485. If its not withdrawn, he can go ahead and file a 485, but would need the co-operation of that employer (employment verification letter)




    gc_kaavaali
    12-10 02:53 PM
    Please consider contributing IV...IV need your help to resolve our immigration problems.

    http://immigrationvoice.org/forum/showthread.php?t=15905




    jediknight
    10-12 12:00 PM
    Lou Dobbs� Next Home: Fox Business? (http://mediadecoder.blogs.nytimes.com/2009/10/12/lou-dobbs-next-home-fox-business/)

    Fox can keep him along with their other crazies :-)



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