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  • belmontboy
    11-17 02:19 AM
    [source: http://www.jackson-hertogs.com/misc/permdesc.htm]

    The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the AEC application [this step is called "Notice and Consider"]. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff.





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  • webm
    04-04 01:54 PM
    Today at Boeing interview event I got very good offer. The HR lady congratulated me, kept offer letter in my hand. Then I told her that I'm an EAD holder. All my fear came true, and she said a big sorry and said EAD is not acceptable at any cost. Also she said, she can keep the offer in hold for me for 5 months. How can I expect green card in hand in 5 months. GOD don't give this situation to any one. just trying to reduce my pain here...

    Why you told EAD??

    You should have told them that i have "Work Authorization eligible to work for any employer in the US" to keep them straight.

    There is another big thread in this forum discussed on the same topic.Please check that before your future interviews..

    HTH,
    webm





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  • suriajay12
    05-07 07:31 AM
    ganguteli,

    there was a donor conference call a couple of weeks back, in which aman, pappu etc participated.

    your thoughts of rally was discussed, but unfortunately the numbers are not quiet adding up as it did during the July 2007 fiasco.

    As per what I learned from that discussion was when IV sees the "thousands" as per your quote they are willing to support the rally idea. Otherwise, it may not make the noise as we expect it to do.

    Yes, I agree with IV core's line of thought in the "rally" idea. I too wish we can do a "rally" but...:-(

    It works more easily the other way. If IV core endorses and supports a rally, then the numbers build up. If you dont start a campaign type of thread, where will the numbers come from. They will scatter here and there. Isnt that the case now.





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  • stirfries
    12-01 08:02 PM
    It sometimes take longer than few days. During my years of getting AP's every year there are times I had my AP in hand within 3 days to almost 20 days. I am confident you will get your AP document much before the end of the month. Good luck with your travel plans.

    Thanks SS777 !!!

    I am optimistic as well !!! I am just hoping that I receive the documents by end of this week !

    But at the same time, I wouldn't want to sit idle, just hoping !!! :)

    I am going to try whatever options that might be available, to speed up the document receipt, if it is possible !!!

    Probably, I can set up an appointment with InfoPass, sometime next week, and see what they have to say about this...

    The scary part is, I have read several posts by other users who had reported the loss of document once it has been mailed out by USCIS. I hope I do not fall into that category and I want to be aware of the next course of action, if indeed, I fall into that category.

    Cancelling my Tickets is the last option that I have in my mind !!!

    The things that we have to go through to get a GC !!!! :)



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  • bsbawa10
    08-15 12:11 PM
    USCIS does not seem to be corrupt. It seems to be running by proxy with no accountability, no follow ups on what they do, and they always make excuses to show that they follow rules ...(which are breakable).





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  • micofrost
    07-15 01:54 PM
    Well, the first statement is true; the second, however is not. When one starts to work on EAD, his/her status changes to AOS, assuming his/her I-485 is pending. So, in this case, she will no longer be considered being on H4.

    You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.

    But on H4 you can still work on EAD, while maintaining your H4 status.

    I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.



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  • aau
    08-08 10:37 AM
    I have filed for my EAD and 485 in july 2007. I have not got my EAD due to Name check (dont know why they cannot issue EAD bcos of name check).
    Well in my case USCIS did not give me any information.
    So i had to call the senator office. Their office contacted the TSC, and got the information that my case is pending Name check.
    Now i know my case is pending name check, whenever i call USCIS, they submit a request to provide me an update and ask me to call after 1 month, 2 months and like that.
    So i have stopped calling USCIS and directly call the Senator office.
    Infopass does not show any appointment dates in Altanta region. So i am relying on the Senator office.
    So may be you can try calling the Senator office and ask them to followup with your case.


    Should you call your Senator or Congressman - and does it matter? Thanks in advance ppl..





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  • JSimmivoice
    01-23 12:28 AM
    Thks for the response, but what I read on other sites for e.g murthydot.com and some other site in the Internet it is used even for situations where one did not realised their I-94 has expired and thought its not an issue, also for example such as employer forgot to file and its not application mistake as he was not aware about employers miss and etc. So based on a approved LCA one can get H1 approved and even get the unauthorized employment convert it into a valid employment for any period (based on conditions). I'll do more research on this and update this thread.

    Meanwhile anyone with any other opinion is welcome here. Thks all



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  • appusheth
    03-19 01:50 AM
    I have already started procedure for filing a new PERM. Nothing will work the lawyer said. We have to file a new PERM.





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  • mjdup
    01-24 11:41 AM
    dionsys> How much have you contributed thus far? May be you should involve in one lobbying effort and see what the core goes through, walk the talk please !



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  • LostInGCProcess
    01-08 12:54 PM
    LostInGCProcess, Since you used AP to enter do you now loose your H1 status? just curious to know.

    I read in other blogs that your status would be AOS if you enter using AP and not H1-B. If you need to retain H1-b then your I-94 needs to be stamped as that at the port of entry.

    Any comments......

    No. One can continue to work on H1 if its the same company.





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  • arihant
    03-14 02:09 PM
    My parents came on Jan 10th on Luft from Bangalore and they did not need a transit visa. I hear that the only time you may need a transit visa is when you are traveling to India on an expired US Visa. Even over this there is confusion.



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  • p_kumar
    11-30 02:24 PM
    Can you put the exact working of the status ?

    Is it one of the following ?

    Current Status: Notice mailed welcoming the new permanent resident.

    or

    Current Status: Document mailed to applicant.

    or

    something else.

    Canadian_Dream

    Does the status 'Document mailed to applicant' mean a RFE?.:eek:





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  • satishku_2000
    06-15 11:10 PM
    Thanks for the reply.

    But i filed GC 6 times i had three approved I 140's with different priority dates.
    I missed filing my 485 couple times.


    thanks,


    I asked because how much sanity would have left in a person if someone is in the game since 2001 ...:D :D :D :D

    Good luck



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  • Geiranger Fjord, Norway



  • JunRN
    12-17 03:49 PM
    New job must match the LC...that's the trick. If it doesn't, it will get rejected and potentially, GC denied.

    Career progression from Junior Programmer to Senior Programmer is possible. But to manager with less technical stuff and more management stuff, then it might get rejected because of huge difference from LC.

    Always remember, get a job that is according to your LC because that is the one certified.





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  • pkv
    04-13 05:35 PM
    For a medical REF how many days do we have to reply?

    Thanks,
    RabiS

    Doesn't your RFE letter says it clearly? They mention a "reply by date" also on the letter.



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  • validIV
    03-18 11:13 AM
    C-Corp is the best way to go. You can register your corporation name and EIN number online with both the Business bureau in your state and the IRS. It takes an hour at most. For me in NYC, I used OPAL: http://www.nys-permits.org/

    From my experience, it is better to take commission (to pay yourself) than salary. Basically making your salary project-based like a consultant. That way you can always offset any big expenses with your commission (salary) whenever you incur them. But your method of accounting is up to you.

    Get quickbooks or accountedge to maintain a ledger. Excel is pathetic at this.

    For C-Corp you file an 1120 annually and a franchise tax (varies by state). NYC has a franchise tax (its called NY Corp Tax) which requires you to pay even if you have no profits for the year. If you are selling tangible objects like software online or merchandise, please note you need a Sales Certificate with your state to collect sales tax. This must be filed quarterly. Sales tax is now being enforced nationwide (Please lookup Amazon / Overstock.com's recent loss to a federal ruling regarding not charging salestax).

    Apart from that, keep receipts, make a business account with your bank of preference and try as much as possible to offset all gains with expenses.





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  • ashwinicool67
    04-27 07:18 PM
    Hello,

    I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.





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  • americandesi
    08-11 05:39 PM
    That is not a flaw in the system and in the USCIS manual, they know it. Since the previous I-140 is already approved and you've stayed more than 6 months in that I-140, then there's no need for the ability to pay. USCIS is treating your case as if you already have a GC, it is just that it is pending.

    If one has a GC, he can transfer to another employer. It is your risk if your new employer has not the ability to pay you. The same is true with portability, USCIS doesn't care anymore if you transfer to an employer with no ability to pay you because the first I-140 is already approved and you worked for it already. They are concerned now about your I-485 (AOS) and your qualifications under it.

    What you say holds good only if employer A had already paid the proffered wage during those 6 months.

    Suppose employer A is currently paying 70K and the wage for the proposed GC position is 80K and if employer A is able to prove that his Net Income or Net Assets is >=80K then it’s sufficient to prove ability to pay. In such a case, he is bound to pay 80K only after I-485 approval.

    Going by above, the employee wasn’t paid 80K at anytime. Even then, USCIS approves his I-485 if he is able to provide an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A, though the abilty to pay 80K by employer C is in question.





    skd
    06-03 02:44 AM
    then suggest what you like on text pkv





    texcan
    02-21 12:03 AM
    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

    Lawyers are the sole reason for these confusion, you cant have lower pay than what is mentioned in LCA; you cant have higher pay than what is mentioned in LCA....
    I bet you a lawyer can and will justify both rules, why because this is what they do....;-)
    USCIS rules are such a mess.....god help us all.

    on lighter note...
    One other easier solution is "you promise to pay extra money to "desi_hydrabadi"
    issue solved...your salary matches LCA...desi_hydrabadi gets more money his salary matches LCA....

    both get GC...
    relax and live hapily....

    Just kidding man, donot think too much about it...i was worrying about this issue ( higher pay than LCA)...i did worry for quite a while and
    a good friend said donot worry ...something will take care of it...
    needless to say he was right...(economy did take care of issue for me...).



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