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  • sonia_sd
    01-17 12:05 PM
    First of all everyone should understand that this is an Interpretation of law by USCIS, and in memo at the bottom it has been clearly stated that this only applies to case workers at USCIS processing centers not for others. I think based on this memo they decide each case whether to approve/reject. However I see this as "targetting only perticular group of people".

    Also he mentioned that they arrived the "Employee-Employer" relationship based on 2 distinct supreme court judgments, I am not really sure what judgments the mean there.

    Please correct me if I am wrong.





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  • smodekurti
    10-12 10:25 AM
    Friends,
    I too have received an update from CRIS about reopening my old H1B from my previous employer which is a large multi-national organization. I have changed the company since then and I have already received my EAD with the new company. I am a bit worried about the outcome of this review. If in the event of revoking the H1b of my previous employer, will my current H1B will also be revoked or am I safe irrespective of the outcome. Would really appreciate if someone can provide any feedback.

    Thanks





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  • johnamit
    07-16 10:09 AM
    signed.





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  • diqingshen
    01-31 01:04 PM
    could it be that ppl will not be able to sneak in with pre-approved labor now? if there is a significant number doing that, the PDs will move faster. Congrats IV on this achievement!

    to relieve some retrogression!



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  • americandesi
    09-12 01:30 PM
    Your attoney should be able to defend your case based on you salary more than PW.

    The GC process is for future employement, your bosses ability to pay exists since he has paid you more salary than PW.

    Your employer may be making loss every year, but he is paying you more than PW. Now your salary in itself is an expense for employer, so the fact that he is paying you may be making his financials look a little weak in term of profit loss.


    Look at other threads on RFE issues, and talk to your lawyer.
    I think you are fine.

    When it comes to "employment of beneficiary" in proving ability to pay, the employer should prove that he had paid the proffered wage from the time PD is established continuing until the beneficiary obtains permanent residence.

    It doesn�t matter if he�s getting paid the proffered wage now. The employer should prove the same from the time PD is established.





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  • gc_bulgaria
    11-09 09:36 PM
    Using H1B makes one safe. but how many years we want to do the safe job. If I-485 gets denied do u have enough patiences to file another green card. One thing is believe is "We are here to make money, most of us are in our thirties and we have short time remaining to reach our goals. I think we all have one year EAD. wait for 6 months then go on job hopping, learn whatever you can, get into whatever you want. Start a business, do something.... Anything you do will help you in future. Sitting with H1B in pocket may take 4 years cream of your life.
    If you have the talent you can get great salaries anywhere in the world. Because of your talents and hard work you guys are here. World is not small.

    I will use EAD soon.
    :-)
    If something goes wrong, I move to Europe!



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  • Dalai Lama
    02-01 12:30 PM
    All Indian owned desi companies are cheaters.





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  • singhsa3
    03-13 01:06 PM
    Folks,
    This my copyright and very much pertain to our situation:
    *********************
    I left my world in search of prosperity
    The prosperity is taking an eternity
    My struggle is long and daunting
    Making it more and more frustrating

    Life at times seems uncontrollable
    Flowing with the time unstoppable
    Graying hairs testify for the feeling
    Fat belly making me further unappealing

    Sometimes I think of going back
    Try to gather the courage that I lack
    But the world I left is not the same any more.
    And the world I am in, has lost its lure.

    I am on the crossroad of my life
    One is forward, one is left and other is right.
    I don’t like the choices shown
    May be I would have to create a world of my own

    ***************
    Thanks



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  • spdy_mn
    06-14 01:36 PM
    Long as you are married before your 485 is approved you should be ok. What is your PD and category?

    One hint they give you is when they send the fingerprinting (FP) notice. You can't be approved without that. And after FP it takes any where from 3 - 6 months.
    My PD is OCT 2006 and category EB2

    Thanks





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  • rkumar18
    07-18 12:06 PM
    USCIS doesn't use postmark date. Don't sperad incorrect info and don't make other members anxious needlessly.

    July 2nd filers are fine. Don't worry. Just wait for your receipt notices. We have been through a lot of stress in last month and its time to relax now (for those who already filed).

    :D True we've had enough of this BS already.



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  • jjava100
    04-18 05:03 PM
    Congrats jimytomy !





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  • Dhundhun
    11-10 12:03 AM
    Now that you are on EAD, what is your plan of action if your I-485 is denied (for a valid/invalid reason)? What do you think of (1) above?

    AS I understand : After 6 years, the moment I-485 is denied H1 becomes invalid.

    Employee-Employeer can be in agreement to use "Unauthorized work protection - 245(k) - six months", continue to work and immediately apply MTR.

    This is complex area and I don't understand fully. Please don't give red dots for these tough questions. I already reduced giving answers from 5-6 per day to one in 5-6 day.



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  • Caliber
    04-26 09:22 AM
    Not a bit. If you want I can give you a plenty... L1 is for intercompany transfer. But So far I have seen companies put people only at the client place and their salary is starting at 32K and they are put up at extended staty, asked to share the cab or car. So let me know if you want and I can directly let you talk to those guys.

    Yes, you can work for $8 but there is something called law. I have personelly checked their labor which states 55K. But they are paid only 32K.

    So our common goal is to fix the broken system, remove the employer's undue advantage over the employee. No matter if they are MNC or desi consulting companies. Why the employee is tied to the employer when there is the need/demand for the skill set. Thats the only thing which is driving down the wages.

    I fully agree with this. L1's being placed at Client's place is ILLEGAL. I have several proof's of this. TCS, Infy, CTS and LT do FAVOR their employees with a gift of filing in EB1 because these guys WOULD not complain to any one what they are paid and their benefits.

    Any one want proof's?





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  • kingkon_2000
    08-25 12:44 PM
    Second the idea of using an ATM card for this purpose. You can get an ATM card for your parents or relatives in India from your local credit union or bank in the US.

    ATM is a good idea.. What I normally do is I take or send my US check book signed of course and my name or family members name in pay to field.. No transfer fee or any thing and you can directly deposite it in any bank account with USD amount on it. The catch here is it take 10-15 business days.. but if it is not an emergency I find this is the best way and besides this you get better rate too...



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  • immiblues
    02-11 03:31 PM
    Does it matter whether the 485 is employment based or family based? I have a valid H1 (not stamped) and have just applied for adjustment of status (based on marriage to a USC) and AP. When I return from the planned travel, can I continue working for the company that I am currently employed with?

    My H1 is valid until Q3 of '09.





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  • dcrtrv27
    07-30 01:28 PM
    Matreen
    Did you enquired about Namecheck via email?
    Why you got the email form USCIS mentioning all about pending namecheck?
    I am also stuck in Name Check.
    Please let me know how you can get status by email on namecheck.



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  • boreal
    06-13 05:15 PM
    Called them all, had to leave a VM for Gary Miller, but for all others, i was able to talk to one of the staff, who were glad to pass the message along.





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  • walking_dude
    11-28 12:35 PM
    Dear Mr. Larry Malace,

    As a highly-skilled Employment-based immigrant living in Michigan, I am appalled to know a company like Malace - with a diverse workforce - is sponsoring an anti-immigrant show like "WWJ Business Breakfast" with Mr. LOU DOBBS, which is scheduled to air on Nov 29 between 8 a.m. - 9:30 a.m.

    Mr. Dobbs is known for his strong views against immigrants, including considering immigrants to be responsible for the spread of incurable diseases such as Drug-resistant Tuberculosis, Leprosy etc. From past experience on CNN, he is also highly likely to blame the current crisis in Auto Industry to the so-called "importation of cheap labor from third world countries".

    He is known to make exaggerated statements such as "Four hundred thousand H1Bs granted in a year" where as facts show otherwise. As per government figures, federal government awarded 124,096 H-1B visas in the fiscal year ending October 2005, the most recent annual totals available. That includes renewed visas, which don't count against the annual cap. These dramatic exaggerations distort the reality and provide a falsified alarmist view of the situation; which works against the interests of Immigrants ,businesses and American economy.

    It's not in the best interests of a respected company like Malace & Associates to associate itself with a blatantly anti-immigrant show, that can harm the company's image in the community. I request you to withdraw sponsorship of the show in the best interests of your company and that of the immigrants in the community some of whom may be your workers and business associates.

    Appreciate hearing from you soon.

    Yours sincerely,
    xxxxx





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  • lelica32
    08-13 08:27 AM
    I have a question. My Firm is a really small one, just 1 employer + my = 2. The tax returns are not so good, becouse all the money was invested in a second business. The firm started in June 2005. The Firm has ca. $65.000 in a saving account. My salary will be $2000/month. Will be enough this $65.000 for the USCIS, for the Ability to pay.





    mhathi
    09-17 10:35 AM
    Not started yet.. People slowly trickling in... no body is talking





    kate123
    03-10 05:37 PM
    Why ??

    For EB2 and EB3 dates never crossed july 2007 after July fiasco...
    and in your analsis during 2008 you mentioned 20K for EB2 and 5k for Eb3, which is impossible to happen... does that make sense?