Wednesday, September 14, 2011

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02-16 08:50 AM
1.) The total pay in LCA is most likely for the entire year. If you worked for 6 months, simply divide the LCA per year pay by half and use that as a basis to decide. Since you said that your month-wise wage was higher than the LCA wage, I think you are in safe zone. Did you mean to say that you pay was less than the 1/2 (i.e. for 6 months) of the pay specified in LCA? Please clarify.

2.) You can have an H1 with an employer, but not work with that employer. As long as you were on legal status, maybe on another employer and maintained your legal status, say you were 2nd H1 that was valid, it means your employer doesn't owe you anything as you were not working for him. It doesn't mean that there is any back wage, it just means that you still have valid H1 with him but did not work for him for a duration during which you were maintaining your legal status. As you your employer doesn't owe you back wages.

And since you left your past employer (which could possibly be your future employer), its always good to document that you resigned. You can create a back dated resignation for yourself for your own records, and maybe give a copy of that to your employer. It will help your employer to cover him, and it will complete your records. That should do it for you.

Hope this is helpful.

Hi Everyone,

I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now

But he agrees to let me join his company but at the same time he worried about few things

Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.

Would that be of any problem to both me and employeer.

Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.

It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....

I would appreciate if some could throw some light on this ....

My future is relied on these issues


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05-25 10:40 AM
Called Sen Coryn's office. Kicked out of voice mail to immigration counsel. However, did leave the message with the staff. He was professional and nice. HE even thanked for calling.

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11-01 08:31 PM
Hi willgetgc2005,

I am in same position you are in..i have applied for an extension for my mother in law for another 6 months's been 5 months still waiting for approval...but i took a chance and made my mothe in-law stay back based on pending approval...its your call how bad you need your monther in-law's help during your daughter's treatment..if possible take the letter form doctors office that your daughter is sick and you need her help in this hard times and attach this letter with you extension application.. this will help for extension..this is what i did..

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11-18 01:22 PM
Timeline is from Dec 16 2006(Previous H1B expired on this date) to July 18 2007. This is when my H1B extension was pending due to an RFE. USCIS received my 485 application on July 18.


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08-10 02:13 PM
I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.


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02-07 12:59 PM
Try calling the DOS and explaining then what's going on and see who you can call to check the status next.

The lawyers email is text book response and may not help you much.

If the consulate didn't give you any slip during your interview then most likely it is PIMS related. Call up DOS!


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09-14 04:02 PM
I just _have_ to ask: what game was that?

That is Cricket.

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03-06 11:51 AM
Dear members,

If you have received letters from USCIS asking for $5K for your FOIA request, Please fax a copy of that letter to Immigration Voice.

We want to collect those letters and proceed with some big effort on this issue. It is thus important that we have lots of such letters from members.

Please note the fax number

Fax : (202) 403-3853

or email the scanned copy to info at

Time is short and we need letters in the next couple of days if possible.


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10-03 01:41 PM
Yes... someone should start a SPAM thread...

to let off some agressions that is...

ahh what the h*ll.. we answered his question in the beginning...

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08-19 12:45 PM
Good new... I went to the INFOPASS Washington Filed Office yesterday (walk-in) and told them that my EAD was expiring the same day and will loose my job if I dont get the EAD in next 5 days. The officer was very helpful and emailed the adjudicator to expedite the process. I received an update this morning saying that my EAD has been approved and the card is in production. Hopefully, I will get the EAD by next week and keep my job. Surprisingly the officer called me this morning to inform the same.


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09-14 03:15 PM
call the attorney who is working on your case and ask if it's a good idea to go...

You will be surprised...Most attorneys are of the opinion that this rally is important and people who are impacted by EB GC dealys should meet with lawmakers to discuss the issue.

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09-15 12:52 PM
Hi All,

Pardon my ignorance, but after seeing the initial steps of the CIR, I feel there's some hope for the Employment based immigrants, but no one seems to be discussing anything positive about it. Am I missing something here? :confused:


I think you are new to EB issues. EB reform has been tried since 2004 and it has failed each time. CIR has been tried since 2006 and it has failed many times. CIR has almost no chance given the political realities that Democratic party/Obama is getting tied up with healthcare.


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06-22 09:36 AM
3b) But just because you pretend to be engrossed in solving all the these world problems , why will you not vote for CIR . Either you support CIR or you do not . Why will not vote for CIR if there are other issues this year and will vote if you have no issues next year is beyond my understanding .


You speak as if there is a CIR on the table and all that is needed is a "yes" or a "no" vote.
You know that that is not the case. There is no CIR yet. Creating one that is acceptable to the majority is the key task. That would take time, effort, resources and ultimately "votes"! At the end of the day, CIR will not reflect the need of the hour. It only reflects the politics of the day!


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07-27 02:45 AM
I just tried the phrase "Change of address", for the heck of it, and it was spot on.

Non-tech guys like me can never figure out how you guys do all these cool things :)
Very good work.. very useful.. I've added it to my bookmarks now. Thanks a lot.


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07-30 02:54 PM
but we do get the original FP notice , right?

That is correct. I meant Lawyers get copies. we get the originals.

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04-06 06:30 AM
Hello all,

Anyone knows if there is a certain length of time that I need to be employed with my GC sponsor after 485 approval?

I have heard 3-4 months, but I am wondering if there is legal time limit or if this is a "good faith" limit.

Appreciate responses.

The time limit is 6 months. But if 6 months have already elapsed after filing I485, then you are free to go anywhere.


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January 4th, 2005, 11:34 PM
nice work. the technique works well. I like to make these moodier.....

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06-29 09:46 AM
My friend

What else we lose if we stand up the plate to express some legitimate concerns?

Most of the members of this forum (and so many more) have already lost the prime time of their lives because we just followed the path of playing by rules.

Unless some compelling personal reasons, i do not see any thing wrong to raise the voice

Yes, once "They" identify "You" the consequences can be severe.:rolleyes:
Beware! Big Brother is watching.

That is the reason I didn't support the US soccer team at World Cup.
US team is so unpopular in Europe :p Given a choice between popularity and doing the right thing, I guess popularity always wins :D

Hilarious! Couldn't resist :o

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04-21 03:11 PM

I went to infopass today. Last time when I went infopass in Oct 08, I was told that my namecheck is pending. I wanted to see whether any progress has been made on that,so took an infopass. When I asked the IO about the status of my namecheck, I was told that one namecheck is clear but the other is pending. I specifically asked her to look by my A # as I thought she might be referring to dependants namecheck status. But she replied back stating that there could be multiple namechecks for an individual and it is not unusual for some individuals to have three, four namechecks. And in my case as one of them is clear, they probably will go with cleared one.

Now I am confused. Can there be multiple namechecks initiated at around the same timeframe? I was told both the namechecks were initiated in 07.

If you think the infopass was not very helpful and need more information - usually you can try going through your congressman's offiice. You can either visit them or call them and write a letter explaining your problem and confusion. Some of these offices will ask you to fill out a form that deals with privacy act. These offices can help give you exact status of your case.

Alternately, if you thhink IO at infopass was not being hepful, you may want to contact the Ombudsman's office, they also try to help in such cases.

08-10 05:22 PM
guys, this kind of proposals have been raised million times in last 5 years. These guys are passing their time till next election. Nothing is going to happen till next election. So do not build any hopes. None of the proposal is going to be a law before election.

11-24 03:41 PM
Go for SBI Global link ... best exchange rate and cheapest. They take 4 business days though. I never had any problem sending to any bank in India through SBI Global link. You (or your parents) do nto need an SBI Account to use this

Yes, as I said that SBI is the best compare to others, I am using their service from past 3 years, I have no issues so far....evry time they are accurate with exchange rate....yes no cheating at all, I have used ICICI before, but most of the time they are not reliable....

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