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  • ashmeetk
    07-12 03:21 PM
    says you are exempt from cap if you held H1B status anytime in the last 6 year


    Are you exempted from cap if you were on H1B in last 6 years or your received your H1 B in past 6 years?


    I was on H1B from feb 2001 to Aug 2004 and then moved to F2 and then H4 Will I still be exempted from cap though my initial H1 has been more than 6 years old.

    Thanks for help





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  • Hinglish
    01-08 12:44 AM
    Thank you qasleuth ..... ..... ..... ..... frack you
    Just read your post and you will see the same dastardly mistakes that I supposedly made.

    Can you phrase a single complete sentence without '.....' ?
    Dastardly means cowardly. What does "dastardly atrocious english" mean in the context of Neha's post ?
    Sentences start with capital letters, need to have commas, and there should be proper usage of articles. I can point out atrocious mistakes in every sentence of your post.
    Apart from your atrocious English, your profile is incorrect, your presumptions/tone is even more atrocious (addressing the poster as 'Miss', using words like 'hell'). Best of luck.





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  • REEF�
    06-06 06:10 PM
    Oh I see it :). Evil is over it and too much grass covers it up.





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  • Green_Always
    09-22 10:18 PM
    Any News about how is Real Estate Prices / Home Prices in Indian Metros now ?

    Will we see problems over there ? or Problem is already there ? Look forward to hear some views in this regard.



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  • 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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  • MYGC2008
    01-20 08:30 PM
    I renewed my Passport at NY. and they are accepting valid EAD. It is not true.

    But Initially they gave for 1 year when I renewed on July 1st week 2008.
    Later on 2nd Junary 2009 I went and they gave me full 10 year.

    I am on EAD abd travelled using AP. I even did not show my H1B I797. The Stamping on Old passport was expired way back in 2007.

    Let me know if u need more info.
    Also I met lot of people and they were given 10 years (may be 1year first and later renew for 9 more)


    Hi friends,
    My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
    They said that they will NOT accept
    - valid unexpired EAD
    - valid unexpired AP
    - valid 485 receipt
    - even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
    ...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
    In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.

    I will appreciate if anyone has a solution to this problem. All answers appreciated.

    I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.



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  • s_r_e_e
    08-15 11:53 AM
    instead of sending my application with fedex he went in person and filed it in person to be sure. (he filed 211 cases in all). I am asking him for the proof of filing and he is telling that since he handed applications in person, he didn't have any acknowledgment from USCIS.

    Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.


    I wouldnt create a confusion with a second app, unless there is a solid reason to distrust the attorney.





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  • hpandey
    07-03 02:35 PM
    Are you going to Mexico on a personal or official company business. If it is a personal visit I would advise you to wait until the H1b approval comes through.

    On the other hand if its an urgent company work then I would advise you to consult a lawyer and do what they say .



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  • nashim
    04-07 02:55 PM
    thanks gcisadawg,





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  • copsmart
    02-20 06:47 PM
    I think your wage is high, because you are in EB2 category.

    In other words, the job for which your labor was applied required a higher education or experience. Your employer has to come up with such strong requirements to put you in the EB2 category. But what it does is, it will bump up your prevailing wage.

    I had a similar situation where my boss gave a big list of requirements, which smacked my prevailing wage to a higher number. My attorney tried to talk into my employer, that GC is for a future job and they don�t have to worry about it now. But my employer said, they can�t promise to pay that salary, even if it is going to be after several years. Although, in my case the difference between the GC wage and my current salary wasn�t very high.

    So, my attorney and my boss went back and forth several times before they came up with a job requirement that works for me and my employer.

    In your case, at least your employer agreed to pay the salary or they have no concerns. So, you don�t have to worry about it now, because GC is for a future job.

    BTW, do not jeopardize your job by asking for such a huge raise in this tough economic times. If you are still so worried, try to find a job that pays your GC salary and use AC21 to change your job.

    I would say, just hang in there, because the job market is really tight.

    All,

    My PERM labor was filed in Dec 2006. I didn't know much about all the technicalities in that process. I found today, from the flcdatacenter website, my labor petition number and was shocked to see the wage mentioned in there is "50.34", "Hr". I assume thats the pay I would get if I get the GC. My current pay is 60K/year. I have approved I-140 and have also applied my I-485 in the July 2007 fiasco.
    I am now heart broken since I am not sure if I would ever get the GC cause the wage mentioned in LC and what I am getting right now has huge difference.
    What can I do at this point of time? Any suggestion would be helpful to me.

    Thank you.



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  • ayazali17
    12-18 07:08 PM
    One more question. Does a person with EAD (I-766) considered a permanent legal resident? The reason why i asked is because i was filling out a form to open a Scottrade account, i was stumped on this question, so i thought i asked someone here to verify.
    Thanks for answering.





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  • gcpool
    07-08 10:37 AM
    Apart from informing others about them legally what can he do.

    Post his name & nobody will hire him.



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  • amdee
    09-22 02:14 PM
    I asked 6 other H1B ppl today to register to this site.

    Hi all,

    Since we have close to 6000 members now, let each one of us make a goal to bring one new member to IV. Bringing just one new member by each of the existing members will double the IV membership. Simple Math, huh :D
    Time: Sooner the better. Keep a goal to take a week to bring one new member.

    Now the new members make a goal of bringing one additional new member. That will be their goal. Create a ripple effect. Apply compounding theory. We then sure are going to reach great membership numbers.

    No one will believe if you say that you cannot bring one new member being in USA. No excuses. Not asking too much, please just bring one new member and enjoy the results!

    Thanks





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  • kisana
    04-10 12:13 PM
    Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
    Als one more thing "Which USCIS Office?" section which date I need to put there.



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  • intheyan
    07-17 05:17 PM
    Murthy ji and Rajiv.S.Kanna are very good lawyers. Please don't use any bad words. You will really be in trouble.





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  • komaragiri
    07-28 12:18 PM
    My prediction for this year..

    EB1 = Current
    EB2 = Jan 2003 (Because of BEC cases coming out, chance for them to file I-485 in October)
    EB3 = U



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  • thescadaman
    07-26 08:40 PM
    I used your website to search "USPS Express" and I got the answer I needed very quickly. Thanks for the website..

    For everyones else benefit...

    for cases that has to be filed by overnight courier that is by the USPS Express Mail the center will only pick up mails from the U.S Postal Service once a day and in the morning. Therefore any mail that is not picked up in the morning will be picked only the following day and is given a next day receipt date.

    link
    http://www.immigration.com/fromtheagency/nsc112006.html





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  • deecha
    07-16 03:02 PM
    Thanks deecha.. I will keep the gang in loop... The future role will be of a chief architect. So I believe it is aligned with my current labor application. But can I even move using an EAD (hence dropping my H1) and then file my EB2 in the new company? The reason I am confused is, we used an H1 b visa to file the labor, not sure if a labor can be filed using an EAD.

    I don't believe H1B has anything to do with filing a Labor Certification for a EB Green card. An employer can file LC for a position even when a candidate is outside the country. they are two separate tracks.

    What you may be thinking is the answer to the question about a candidate's status. In your case it's simply AOS (Adjustment of Status). You will definitely have to consult a good lawyer.





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  • msp1976
    03-31 08:55 AM
    Hello everyone,

    My LC was filed in Perm process and even got approved but the hard copy got lost in mail handling. Can I have another LC filed from the same company? Furthermore, can I reuse my first LC's postings-advertisements that the company does before filing the LC?

    Please any suggestions would be greatly appreciated

    Thank you.

    I believe that you do not have to refile just because you lost the hard copy...
    This is not a lottery ticket that if you lose, you are left with nothing..
    There must a procedure to get the same certificate reissued from DOL..
    Please do the research and let is know...





    a_yaja
    06-25 10:34 AM
    I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify
    It is "at will". But employers can have what is known as a "termination" clause. This clause can be anything (as long as it is legal):
    - You cannot quit and join a competitor within 2 yrs
    - You have to return all money paid for relocation if you quit within one yr
    - You have to pay all costs associated with GC processing if you quit within 2 yrs

    It looks like "2 yrs" is the max. time allowed by the law.

    As long as the terms are reasonable, it will stand in the court of law. However, stuff like "you cannot do any programming for 2 yrs after quitting" will not hold in the court of law, because the agreement is preventing you from earning a livelyhood - which is illegal.





    us-alien
    06-16 04:58 PM
    I guess the initial question my miguy still remains unanswered.

    His question was about the validity period of the card and the start date of that validity period that is printed on that card and not the date when you activate the EAD status.

    any answers there ?

    EAD starts on the date its approved and is valid for 1 yr. This will be really bad for EAD renewals where you need to apply well in advance in order to not being out of status.



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