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  • hsingh82
    03-09 01:31 PM
    Great. Can you give more details like:
    1. What was your complaint basis?
    Non payment of monies.
    2. Did you do DOL or lawsuit?
    I did both but the DOL officer told me to pursue the lawsuit as I was on OPT and was hourly employee. If I was on H1B then definitely DOL would have been free and better
    3. How long it took?
    It took me close to a year to get the settlement.
    4. Did you get trouble from the desi emplyer?
    No, I gave him troubles as he had to fly as the lawsuit was in different city. Even though the DOL option is better in your case but if you go for a lawsuit and you live in a different state/city than the desi employer, file the complaint locally. It will be great deal of pain for the employer to handle the case.





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  • theshiningsun
    10-08 04:50 PM
    eb2c 01jun06
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  • karanp25
    06-13 10:10 PM
    Looks like you are in a rush .. You filed your labor in 2007 and expect to get a GC before a guy who is waiting in EB3 from 2002 0r 2003 ?

    There is nothing wrong in converting from EB3 to EB2 , if you are qualified . How long you are going to wait in EB3 ?

    By the way I m Eb2 2006.


    Were you qualified to file EB2 on the date your EB3 LC was filed? This is preposterous and i agree with earlier postings that EB3---> EB2 conversion should not be allowed. If you want eB2--then you should get a later priority date when u indeed became eligible for EB2.





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  • Dhundhun
    06-26 02:06 PM
    EAD Efiling was done on Monday 06/23, but haven't used AC21 till now.
    But there is a soft LUD on 485s (both mine and my wife's ) on 06/25.
    I don't know exactly what is, but i think it's related to EAD renewal. Because my PD is Nov/2003 EB3 india and there is no way i'm near the end of road for GC

    Efiling EAD does not cause LUD on I-485. Guess something else.



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  • jonty_11
    11-16 09:13 PM
    News from REDIFF

    http://ia.rediff.com/news/2006/nov/17ndeal8.htm?q=tp&file=.htm

    No one seems to be talking abt it....no news, no discussions..that is what lobbying is all abt...not abt making a hue and cry before lame duck and seeing nothing passed through.....The Caucus of companies taht has kinda threatened to outsource if H1Bs are not increased....might just fall flat.





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  • gconmymind
    08-29 12:33 PM
    My wife's H1 was applied by her Indian company's US office in March 07 and got approved in July 07. She was in India at that time. We got married in July and she came to the US on H4 in Dec 07. Then, she went to Kolkata in Mar 08 (we are from Mumbai region) to get her H1B stamped and got the stamp and started working in Apr 08.

    So, if you are returning from US to get a H1B stamp, you can go to any consulate in India.

    You can go to Canada or Mexico, but chances are security clearance can delay the process. We did not want to take a chance and chose Inida for stamping.



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  • chanduv23
    09-17 01:35 PM
    I saw those guys in the situation room. I will look like their grandfather.:mad:

    Leo Tolstoy
    Mahatma Gandhi
    Roosevelt
    Lincoln

    Everyone looked old - but they were great, they are in every child's text books, bridges are named after them, countries declare national holidays for their birthday

    So Andy - yes - you will very much be assimmilate so no worries :)





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  • edaltsis
    05-06 12:51 AM
    Per the law no matter what:- You need to prove that you have a job and that should be same/similar job that of your Labor. I cant advise you to go with option 3 as it's at your will. I am not sure about option 2 if USCIS will really accept because you are supposed to have a job in hand. Green Card is filed based on Future Employment but it doesn't mean that you can be without job until you get your Green Card.

    I dont have anything against you but just trying to tell what is what. I know it is not easy as said but try to get things solved as quickly as possible. Wish you Good Luck!



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  • anilsal
    07-22 05:49 PM
    from the regional Passport Office? They probably issue a standard PCC.

    I think the idea is a certificate that says that you do not have any criminal record.





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  • sab
    08-12 08:18 PM
    If I renew my EAD would I have to do another fingerprinting. I had done one last year.
    Thanks



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  • chanduv23
    03-31 02:52 PM
    Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.

    In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).

    So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.

    Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.

    Godspeed to all of us.

    Yes - this seems like pre adjudication as we see so many RFEs and denials and soft LUDs even though the dates are not current.





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  • moolchand_2002
    03-24 04:11 PM
    Hello

    My name is Moolchand Tanwar, i applied for GC got my I-140 Approved and few days back i got my I-485 Denial Notice. I here write the letter which i received from USCIS. Please go through the letter which i received and suggest me what should i do and where i can find a better help full attorney.
    -------------------

    DECISION ON APPLICATION FOR STATUS AS PERMANENT RESIDENT
    Upon consideration, it is ordered that your I-485 be denied for the following reasons:
    On February 4,2008, you filed an application to register permanent residence or Adjust status (form I-485) with USCIS (" the service") based upon an approved petition for Alien worker(I-40) with filed on your behalf by you employer, ABC COMPANY INC ( name not disclosed here) ( hereinafter as " the petitioner"). In doing so you sought to obtain an immigration benefit pursuant to section 245 of the immigration and nationality Act, as amended (the Act.)

    On June 8, 2010, you appeared for an interview at the USCIS netwark Field office in connection with your I-485 application.
    Service records revealed that entered the United States on August 15, 1997 as a nonimmigrant B2 Visitor with permission to remain in the United States for a temporary period not exceed 6 months, February 14, 1998. At the time of the filing of your form I-485, you were no longer in a lawful status. Therefore, you must satisfy the requirement under Section 245(i) of the Immigration and Nationality Act (INA) in order to adjust status in the United States to that of a lawful permanent resident.
    Section 245(i) of INA further states, in Pertinent part that:
    (1) Notwithstanding the provisions of subsections (a) and (c) of this section, an alien physically present in the United States----
    (A)WHO-----
    (i) entered the United States without inspection: or
    (ii) is within one if the classed enumerated in subsection (c) of this section:
    (B) who is the beneficiary (including a spouse or child of the principal alien, if eligible to receive a Visa under section 203(d) of---------
    (i) a petition for classification under section 204 that filed with the Attorney general on or before April 30, 2001; or
    (ii)an application for a labor certification under section 212(a)(5)(A) that filed pursuant to the regulations of the secretary of Labor on or before such date; and
    (C) who, in the case of a beneficiary of a petition for classification, or an application for labor certification, described in subparagraph (B) that was filed after January 14, 1998, is physically presented in the united states on the date of the enactment of the LIFE Act Amendments of 2000;
    may apply to the Attorney General for the adjustment of his or her status to that of an alien lawfully admitted for permanent residence, The Attorney General may accept such application only the alien remits with such application a sun equaling $1,000 as of the date of receipt of the application.....

    8 C.F.R Section 245.10(n) states in pertinent part that:
    (n) Evidentiary requirement to demonstrate physical presence on December 21,2000.
    (1) Unless the qualifying immigrant visa petition or application for labor certification was filed on or before January 14, 1998, a principal grandfathered alien must establish that he or she was physically present in the United States on December 21,2000 to the eligible to apply to adjust status under Section 245(i) of the Act. if no one document establishes the alien's physical presence on December 21,2000; he or she may submit several documents establishing his or her physical presence in the United States prior to and after December 21, 2000.

    Section 245(i) of the INA provides that certain individuals may still adjust status despite the ground of ineligibility listed in section 245(c) of the INA, if the priority of their underlying immigrant visa petition is on or before April 30, 2001 and they can establish physical presence in the United States on the December 21, 2000.
    As evidence of you eligibility under section 245(i), you claimed that you were grandfathered by the approved I-140 petition filed on your behalf by ABC COMPANY INC ( name is not disclosed here) the petitioner which has a priority date of April 18, 2001 under section 245(i) of the INA. As said petition was filed after January 14, 1998, you were required to provide evidence that you were physically presented in the U.S. before December 21, 2000.
    In response to a Request for further Evidence (REF) issued by the officer on your Interview day on 6/8/2010, you appeared at the USCIS network Field office on 7/9/2010 as scheduled. You submitted the following document:
    (1) Supplement A to the Form I-485 along with the $1000 penalty fee pursuant to Section 245(i) of the INA;
    (2) An employment letter from a ( name not disclosed here) the president of ABC COMPANY INC ( name not disclosed here)
    (3) Your attorney's statement regarding the employment portability under the American Competitiveness in the 21st Century Act;
    (4) A Letter from an ( Person name not disclosed here) testifying your tenancy from 1/2000-12/2003 as the proof that you were physically presented in the United States around December 21, 2000.

    Having reviewed the evidence you submitted, the service determines that you failed to establish that you were physically presented in the United States on December 21, 2000.
    Thus, the service concludes that, lacking any evidence of Physical presence, you are statutory ineligible to adjust status under Section 2459i) if the Act. Therefore, your I-485 Application to Register Permanent Residence or Adjust Status is Denied.

    USCIS is not initiating removal procedures against you at this time. The decision resulting in the denial of form I-485 leaves you without lawful immigration status and you are presenting the United States in violation of the law. You are required to depart the United States within thirty days fro the date of this decision, or be subject to removal proceedings. Remaining in the United States beyond this time will also affect your ability to return to the Unites States, Also as of the date of this notice, any employment authorization granted based on the pendency of your application is hereby revoked.
    ------------------

    Please suggest what should i do now. Can i appeal for it, If i appeal how long USCIS to take for decision. Will i ever get my GC approved.

    I am really very depressed and tensed please help.

    Thanks



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  • geniousatwork
    04-07 05:10 PM
    Definetly good news in these times...and gives hopes to others!





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  • Steelers
    04-22 10:19 AM
    My H1b and my wifes H4 extensions were filed on 2/10 and approved on 4/1.

    Depends on your job, company etc. I work in non-IT, big company and have been working there since 3 years.

    Good luck.



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  • snathan
    05-04 06:21 PM
    According to your post, according to the agreement between you and company A, you need to pay $2 per hour until the project ends. Why did you stop paying after 4 months of his cut. I guess the project is still going rt. So Company A wants to make sure that project ended. Company A is right. If your project is still going, you need to pay him $2 per hour until it ends.

    May I know on what basis you are recommending this. Do you have any legal basis.?





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  • gparr
    July 18th, 2004, 06:12 AM
    Brandon,
    Welcome to dphoto. Nice images for your first posts. dphoto is a place where there are lots of great people who are more than willing to help you create better images. Keep posting photos and feel free to ask questions.
    Gary



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  • payur
    07-14 03:35 PM
    what do they mean with "USCIS expects to provide in time-compliance for receipting of form types listed below:" and then lists the date 7/18/07 for I-485 in Nebraska Service Centre.

    I filed my I-485 on 06/25/07 (my PD is March 04). I have not yet received any confirmation, receipt or anything else from my application. I just hope that my application did not end up with the July applications.

    Is yours EB2?

    Receipting is slow in NSC, I am not sure how, that is where I am confused. There are chances that cases could be transferred to TSC.

    Will have to wait another 2 weeks to know the facts.





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  • sweet23guyin
    04-21 02:53 PM
    Apreciate if any one could shed light regarding USCIS doc/memo that allows moonlighting on EAD and still work full time on h1b with GC sponsoring employer.





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  • thesparky007
    04-16 10:10 AM
    thanks for the comments guys and dean
    i dont get waht your argument is about





    newxyz100
    07-25 05:27 PM
    You can apply for a duplicate with the form I-824.

    http://www.uscis.gov/files/form/I-824.pdf





    l8A
    10-05 11:09 AM
    I found an article that explains the 180 day rule a little better. I believe it is called section 245(k). You should definitely get advice through an experienced attorney to make sure.

    http://64.233.169.104/search?q=cache:kryvq9A7YjkJ:www.murthy.com/adjsta.html+section+245k&hl=en&ct=clnk&cd=1&gl=us

    Thanks a lot. I'll definitely see my lawyer today, but section 245(k) as you pointed out does look promising.