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  • vicky007
    10-03 06:49 PM
    We need to start recruitment process. For this it requires job advertisements for 5 weeks in a row, complete the recruitment process.

    Isn't it done before LC filing?

    Guru's please answer this query:

    I have been reading that the BEC would give recruitment instructions for pending cases.I have filed at the Philadelphia BEC in Dec 2004 ,the lawyer had advertised before filing, so will re-advertising still be required?? Please clearify its very confusing.





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  • kaisersose
    04-16 03:11 PM
    Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?

    Thanks

    This is jut my opinion, but I would do exactly this. She should not be quitting her job. If you file an MTR quickly, then she is not really breaking any rules.

    Even if you get a 485 rejection notice, it is still OK as long as you file an MTR in a timely manner. The case status will change to "under process" and then you will be fine again as long as your lawyer takes care to extensively document your case so that an IO cannot make a mistake about your EB category again.

    In short, just keep your jobs and file an MTR ASAP with correct documentation.





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  • tejonidhi
    11-27 01:20 PM
    My friend is in India during the July 15 period. He is being told by the consulting firm that they have applied for Labor Substitution. All I know about labor substitution is that you have to apply for I 140 along with the approved labor sheet that company gets from DOL. The company Lawyer kept saying that they have sent it to DOL for substitution. I just want to clarify that there is no other way of substitution other than applying I 140.
    Thank you





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  • fromnaija
    07-18 06:41 PM
    I am in the same situation. I have read through the 485 Adjudicator's Manual and would infer that if you are working for the petitioning employer, the employment letter may be RFE. I am still searching for more information on this issue and will post if I find anything.

    Hi Gurus,
    I filed my 485 application on July 2nd. But my employer/lawyer did not attach the employment verification letter in the package. Is USCIS going to reject my application because of that or they will send an RFE. Please advise..



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  • tikka
    05-29 08:17 PM
    It saves you money because a I140 denial will result in 485 denial. You save the filing fee of 485.

    Hi kaisersose
    can you please take a few mins and send web faxes?
    for tonight we are trying to reach a goal of 2750 faxes......

    your efforts will be highly appreciated

    thank you





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  • reachinus
    12-24 11:07 AM
    Nope - it does not legally bind you though it hurts your credibility.

    As per H1 rules he must have paid you all the months since you joined him. If he is not going to give you the pay stubs then it will be a problem for you when you apply for your GC. Ask him politely to pay what even he owes you and that too with paystubs. If he creates any problem then tell him that you are going to file a complaing with DOL and also since he will not give you the correct pay stubs that you will report to IRS and will use subsititute W2.

    Hope this helps.



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  • lotsofspace
    02-14 12:54 AM
    Find yourself chocked up with G.C delay ? find your voice here.
    - Immigration voice





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  • Hinglish
    01-07 09:21 PM
    Hello miss neha ,

    Based on your post ....somehow I seriously doubt that you even got accepted into a premium university for MBA in the US of A ... are you sure its really premium? ... How the hell did a premium university accept an essay with such dastardly atrocious english???

    your question is interesting .... and a premium university MBA person should be able to decipher the basic H1B regulations ....

    The short answer ... yes if you already have a H1B visa and started work on it , you will be "cap-exempt" for subsequent "transfers" ...

    Regards
    Hinglish

    I did my MBA in one of the premium university in USA.
    My OPT was ending in May 2008, However since I was in cap-gap, I got a new I-20 from my school till 30-Sep-2008 and I continued working on my I-20 with my previous employer.

    I applied for H1-B in FY 2008 under master quota from a small consulting company B.

    My case went into RFE so I left USA on 30-Sep-2008.
    I got a approved petition on 23-Nov 2008 . I went to New Delhi consulate for H1-B stamping. However I got a Blue 221 G slip. I never submitted any document as the consultant who applied for my visa , needs lots of time to process the documents. In the mean time I got another offer from one of the fortune 500 companies in USA. I am just exploring the possibility of H1-B transfer in this case. Ofcourse they will file a new H1-B application but would I be cap-exempt in this case?


    Thanks,
    Neha



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  • murali3000
    03-04 12:09 PM
    I do a short term stock trading with great profits , if you want I can share my stock picks , PM me.





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  • guru76
    12-01 02:34 PM
    Hi Guru,

    So did you have any other US visa in your passport, or were you carrying just AP document?

    Yeah I did have an expired H1 stamp in my passport. I also had an approved I797 (till 2010), but I did not show that.



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  • extra_mint
    04-22 11:49 AM
    I got the exact same RFE and I am with the same employer (though company name changed due to merger) since start. I got RFE last week only so I am working on the response

    Based on my research the response should be
    List of job duties (this should match with what was in your Labor) and if the title differs then you can give details that new titile has same job duties as the old job title

    Also I checked this is pretty normal RFE (many people get it)
    Check the link below
    http://immigrationplus.blogspot.com/2006/07/i-485-rfe-employment-verification.html[/URL]





    Sorry, the reason I meant strange was due to the nature of questions - different from the RFE's received currently by many of the IV members.

    Sorry for the confusion. But please do help me if you have any inputs.

    In my response to the RFE should I say that my job title in my LC/I-140 position as being my current position or the one in H1-B visa application?





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  • arunmohan
    11-15 03:15 PM
    bump



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  • Rayyan
    08-04 12:52 PM
    Please http://www.indiacgny.org/
    under Consular services----> passport----> name change.
    It is pretyy easy.
    Thx





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  • sundeep14
    09-08 11:14 AM
    On the website it says...


    * Calls to Access numbers will be charge by local operator.


    Any ideas what these charges are?



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  • espoir
    07-09 03:59 PM
    Nice. Hope this video makes it to the youtube debate.





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  • amitjoey
    07-05 12:54 PM
    Fellow IV fighters, members. I know, it seems like there is always a target for funds and we dont achieve it. Well! that is not true, we set a new target when the first one is achieved.
    Funds, There are more ideas than funds. For every new campaign, plan, we need funds. So it is an ever needed commodity. The reason so many of us are so very aggresive is that we just need more funds, plain and simple.
    Inspite of several hundreds contributing, it is not enough. But we will soon reach a day when we would be okay, (given a lot of us/you, sign up for a recurring contribution).
    Trusting IV with funds is a major stumbling block, but remember IV is a non-profit, so every "naya-paisa" (penny) is accounted for.
    People handling money (core IV) are sincere, honest hardworking people on work-visas, they have much to lose from not being accountable.
    And the most important thing is, please take a look at these hard-working IV CORE PEOPLE, please. Some of them have put thousands of dollars (I mean 5 and ten thousand) into this effort. I am not counting personal expenses, travelling to DC, lost work hours etc.
    So your $100 at the bowling arena wont get you much farther, but contribute it to IV to get your way ahead paved and bull-dozed over.



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  • newcomer
    07-11 10:37 PM
    Good one. Could also add the IV logo on it





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  • chi_shark
    02-18 05:06 PM
    You are W2 or 1099.

    if he is working for himself, he has to be a w2 on his own payroll as the president of the company or employee as it is in his case...





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  • ramus
    05-21 09:09 AM
    This is time to send press release to media and not for this document. Please visit press relese thred.





    delhirocks
    06-17 12:11 PM
    Why do you think the bill will be passed? It is very tough. Even Senate passes it is tough in House. Also it may not be passed in current form. Even current form is passed you will get gc faster than the people who are filing I485 now. Because most of the persons like you already filed I 485 you can file by point system and you will get soon as you have 5 years US experience.

    Now nothing is negative so for but we do not know what tomorrow brings. Do not assume anything till anything is confirmed

    Iam in the same boat, Iam on my 5th year H1. Senthil...I guess the point the original poster is trying to make is there are few of us who will be stuck in the middle. Our LC filing date will be after May15th'07 and the 6th year H1 gets over before Oct'08.





    vxg
    07-25 05:02 PM
    Yes, I had the same question and this is what my lawyer had told me
    Yes that is right the job responsibilities can increase. For my case the labor was filed for engineer position but I am on a manager level now and title has changed. My responsibilities have increased means i have all resp advertised + more and lawyer said OK.



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