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  • belmontboy
    11-17 02:19 AM
    [source: http://www.jackson-hertogs.com/misc/permdesc.htm]

    The PERM form includes an attestation that asks whether the employer has laid off any employees in the occupation, or in a related occupation, within the past six months. If the employer has laid off workers in the occupation within the past six months, the employer must attest whether it contacted and considered these workers for the job on the AEC application [this step is called "Notice and Consider"]. For some employers, a layoff may mean that a PERM application cannot be filed until six months after the date of the layoff.





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  • rajenk
    08-19 04:25 PM
    All,

    To add to the question of doubt. I have received FP (Biometrics) appointment notice on Saturday!!

    When USCIS will come out of this confused messy Spaghetti handling!!!

    Thanks
    Raj





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  • synergy
    12-03 06:29 PM
    I applied for my green card almost six years back (EB3 Jan 2003) and working with the same employer for more than 7 years on H1B. My 140 was approved in 2007 September. Recently I got a new job with pretty similar title and job descripiton. The job is in a different state . Here is my question...

    Is it better to use my EAD (which is valid until October 2010) or do a H1B transfer? In case my current employer withdraw the 140 application ,whether that cause any issues?

    Do I need to go back to my current employer once I get my green card?

    Is it possible to go back to H1B once I start using EAD?

    Appreciate quick responses.....





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  • browncow
    03-12 10:31 PM
    congrats.



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  • contact
    04-27 10:14 AM
    whether the incident is true or not, IV member is trying caution everybody that all should be very careful when handing over their passport to a third person. We should be fully focused when an officer examines our passport.





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  • BornConfused
    07-03 09:43 AM
    I'll draw a flower and send it, how is that? After all the $$$ spent on the lawyer and this whole fiasco in general, I ain't spendin' a penny more on them:mad:



    Maybe a stinky garden weed. It's the thought that counts:D.



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  • The7zen
    09-29 01:44 PM
    Central Board of Excise and Customs (http://www.cbec.gov.in/)

    Personally we never had problem carrying personal Jewelery.





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  • kondur_007
    03-29 06:06 PM
    Good; So this is what I understand:

    You are working for employer A. Before the expiry of I 94, you applied for extension with employer A and that extension is still pending.
    After the expiry of I 94 (and pending extension) you applied for employer B, that did get approved but came without attached I 94.

    You are still working for employer A and that extension with employer A is still pending.

    If above facts are correct, you may be fine; however question is, why is your extension with employer A still pending; and what can you do about that. Depending on specifics of your case it may be time to make it premium or simply leave the country and return back on employer B's H1B and work for that employer.
    You still need to talk to a good attorney to see which one of the above options are good for you.

    Good Luck.



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  • solaris27
    03-13 09:59 AM
    Congratulations





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  • kondur_007
    09-21 10:45 AM
    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble

    I agree with all of the above advises and add one more thing:

    Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.

    In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
    Good Luck.



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  • perm2gc
    07-27 03:11 PM
    Hello Gurus,
    I am a first timer posting in this fantastic forum.
    I am in a very confusing situation wherein I need your help

    EB2 priority date: April 2007
    I 140 approved.
    I 94 expired in August 2010

    So, I applied for 7th year H-1B extension in February and I got a RFE with the query to prove that I am working at the client's place.
    I submitted all the documents except for the client's letter. Yesterday, I got a denial mail for which I dont know the exact reason.
    I am presuming its related to the client's letter.
    My lawyer said that we can open a MTR within 30 days.

    What are the options and todo list I have?
    1. I have a very good rapport with the client and I can get the client's letter.
    If I get it, how long will it take to approve my case?

    2. I am still working. Is it legal if I work as long as the appication is being processed.
    3. Once I get my EAD, will it matter if H-1B gets rejected?

    Please help me!

    1. MTR process takes one year.
    2.If you have EAD you can work,otherwise you cannot work.
    3.No unless your spouse also has no EAD.





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  • number30
    04-21 12:50 PM
    Hello Everyone!

    I need opinion on whether one can change location after labor is approved for one area.
    Let�s assume one is working for company X in city A. Labor is approved (I-140 is filed) and company wants you to relocate to city B.
    How does this impact GC process?
    Do you have to start again?
    Or one can carry PD from prior Labor?

    Your inputs will be greatly appreciated. My husband and I are trying to decide the best strategy going forward since our latest fiasco with labor due to negligence on lawyer's part.

    Best


    In future(i.e. after getting green card) if your company has an intent to bring to back to same location and you are intending to original location you are fine.
    Also AC-21 allows you to change the job and location.



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  • JunRN
    08-11 06:58 PM
    True again. The problem will come during naturalization. Reasons why you change employers will be asked and scrutinized.





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  • OLDMONK
    07-27 05:12 PM
    If I-485 is rejected, can you switch back to H4 from EAD without going out of USA?

    As per my knowledge you may be able to change status while remaining in US.. you may do that with Form I539. Check out this form and read through all categories. To make sure consult an attorney.

    http://www.uscis.gov/files/form/i-539.pdf



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  • reddy77
    04-13 05:09 PM
    Does your spouse also recieved rfe on 485, in my case both of us got the RFE, still waiting for the document ...


    This is my first post, in this website.

    I recieved an RFE on my I-485 .

    This is a brief summary as to what was asked,
    if I am still working for the current employer, or for an intended future employer.

    1. Specific Job Title
    2. Duties of the offered position
    3. Minimum education or training requirements
    4. Start date of the employment.
    5. Offered salary or wages.

    Mine is EB-2 PD APRIL -04.

    I did not change my employer, and all the quries asked were already answered during the labor and I-140 stage.

    Did any one get similar RFE , plase let me know more in detail

    My concern is why would USCIS want to know these details at this stage?

    Thanks
    SK26





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  • fide_champ
    03-22 08:17 AM
    don't know where I should put my request. My husband is on H1B visa ...and I was on H4 .I went India but my H4 was rejected. I don't know what to do...is USCIS also going to reject my husband H1B .. please help

    what's the reason for rejection?



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  • morchu
    05-21 09:39 PM
    1. No
    2. ??? don't do any amendment. Just file a new eb2-140.
    3. No as long as you leave your EB3-140 as it is.

    Attorneys or Gurus please:

    I have a bit different situation than Raj (rajivkane), so please suggest/answer following queries:

    1. Is it advisable to file amendment I-824 or other (requesting an amended approval notice with retention of earlier priority date) instead of filing a new EB2 I-140 once EB2 Labor will get clear? My 485 is pending with EB3 I-140, where as EB-3 I-140 got approved before filing I-485 in July'2007.

    2. Or it�s compulsory to file new I-140 with EB2 and once I-140 after that amendment.

    3. Will it impact my pending 485 in regards to any of the above cases, which ever is correct?

    Regards,
    Raman





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  • inskrish
    01-23 10:16 AM
    USCIS posted new processing times today,and dates are as of 11/30/2008.

    Texas I-485: 11th July 2007
    Nebraska I-485: 14th July 2007

    Finally, they get past July 2nd 2007:-)

    Regards





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  • fromnaija
    02-02 09:40 PM
    So as not to burst anyone's bubble, try it and see.
    By the way weren't you supposed to include the original labor certification with the I-140 application? I am sure USCIS will not process an I-140 without the original LC or a duplicate from DOL.





    a2006
    11-29 12:05 AM
    Some Qatar air flight transit through London. In that case you will need a transit visa.


    If we have an AP, then do we still require a transit visa?

    I am thinking of traveling by qatar airlines. I believe they dont have any transit visa requirement.





    Rajeev
    08-10 03:23 PM
    I hope I am DEAD WRONG. But this seems too good to be true!

    You can read the details of the bill at

    Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)

    Apart from the provisions mentioned in my previous post, there are other favorable provisions too.



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