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txh1b

08-18 11:34 AM

does anyone know to whom should i report the issues i have with my previous employer?
it is regarding the salary and unpaid dues..

Unless you specifically say what your status is, what the dues are for, the agency that could help you cannot be determined.

State Labor Department, US DOL Wage and Hour division or a civil/small claims case are your options depending on your state laws.

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meghanap2000

11-06 11:52 AM

Hi,
How much time did they give you for responding to the RFE?
Also any one has a sample of the affidavit?

Thanks


I DID NOT GET rfe BECAUSE i have submitted all the documents upfront along with 485 application. For affadavit format.. go to this link..and see formats ...

Birth Certificate Unavailable / Affidavit for I-485 - ImmigrationPortal Forums (http://forums.immigration.com/showthread.php?t=144485)

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PD_Dec2002

07-07 09:49 PM

I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?

1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.

What should I do???

I only know the answer for Q6. No, you cannot take bonus and other perks into account to calculate your total compensation or wage for DOL. The DOL wage has to be the annual salary that you will earn...as shown in your pay stubs.

Thanks,
Jayant

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Desiguy786

04-02 03:35 PM

Gurus/Attorneys,

My current 8th year H1 is valid until end of May 2007 from employer A, we applied for 9th year ext and got a big RFE. As a backup, can I transfer my H1 to employer B and get 1 year extension (until May 2008) based on my approved labor from employer A ??

Any inputs/suggestions are greatly appreciated!!

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bestin

06-18 10:15 PM

Thanks Guys.This was what me and my attorney were thinking.The reason why the officer asks my advanced degree is misleading inspite of the fact that my labor (as well as advt)was for bachelors +5 years experience and didnt mention anything about advanced degree.

To answer your question ,yes i had about 7.5 years experience (about 6.5 at Indian Branch office and others else where) before joining current company in US.

Attorney has mentioned we will argue my bachelors degree + 5 years experience is equivalent.

BTB is it mandatory to have Masters in Labour? Wont bachelors+5 years experience be enough?

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jthomas

03-24 07:05 PM

I have a website for past 5 years. I started this when i was a H1B holder. It has a shopping card from 2checkout.com
One has to register the name of the firm in the county and secondly get a sellers permit. To register a fiticious business name would cost you 25 dollars then a adv in a local newspaper for 2-3 times and then you can apply for sellers permit.
Once you have a sellers permit and you are paying taxes there should not be any problem.
I am a sole properitor

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pmamp

03-20 03:31 PM

I think there is something cooking. As always will have to wait .....

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mikemeyers

05-07 02:19 PM

Hi

To my horror, I accidently lost my wife's passport, i am such a stupid...She had the stamps for F-2 and H-4.

We have police report for the lost passport.

I already checked Indian embessy's website, they have instructions for duplicate passport.

My question is what happens to the Visa stamps. Does she have to go back to India to get it stamped? Can she go to coutry's like Canada and Mexico to get it stamped? would that be very difficult to get a new stamp?

plz help..

regards,

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nixstor

09-07 12:18 PM

guys, the OP clearly mentioned that it was off topic but most of us doesnt agree with what he thinks is good for him. Lets not get into the nitty gritty of pretending or being american or what ever. The more you practice accent or try to put accent into your language the more artificial it will appear. Thats what I have seen and felt. Any way, lets stop feeding the thread as this is outrightly irrelevant.

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Chiwere

06-11 03:22 PM

what about the people who are beyond their 6 year H1B term -extending it every year. The USCIS website does not provide any indication for those.

Looks like it applies only to people with 6 year term expiring and labor applied/approved < 365 days. A very small subset of people perhaps but they needed immediate relief.

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chi_shark

06-17 12:52 PM

Hi Chi_Shark,

I didnt get your analysis on "so i could possibly face a 7 day gap in work authorization". I am also eagerly waiting for my EAD but I was curious what makes you think about a gap of 7 days. Is it 'coz you complete 60 days of filing on Aug 17th and urs expires on 10th. But why 60 days, I thought it has to be 90 days before a request can be made for interim EAD. Please correct me if I am wrong.

Thanks!

you are right! i obviously got the application date wrong. I applied on may 17th - not on june 17th as i previously wrote.

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trueguy

08-28 04:07 PM

Good fight guys, keep it going. We need reasons to laugh in this GC mess.

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sbabunle

01-22 06:07 PM

Dear Core Group,

We all understand that IV core group is sacrificing a lot. We all know
that you guys have families, job and thousand other good things to do. But
you guys have chosen to fight this menace.

There are some members who wanted to see the spending or doubt
the motives of core group. But let me assure that, those who doubts IV are a very few.

Thanks a lot core group. You guys are doing a monumental job!!!!!

I request all the members to put a "THANK YOU" to the core group on this thread

babu

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chitra

02-26 02:08 PM

Ok...you are slow...I mean, really slow. I do'nt communicate with this level, so dont bother replying.

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gnrajagopal

08-18 11:43 PM

I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o

Raj

EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007

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04-21 06:42 PM

I filed in Jan 09 and got approved in March 09.

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kothuri

06-10 10:53 AM

I understand your situation. My employee had an issue and I applied Nunc pro Tunc based on advise from my lawyer. We applied H1B for her but unfortunately applied consular processing for which she had to go out of the country to get an I94 and we didnt know about it and she continued working in the country for 5 months at which point she realized what had happened. She was technically out of status because she was not supposed to work.

Lawyer suggested that we apply Nunc Pro Tunc which we did and it was a breeze. The approval came in and there were no issues. Now I can't guarantee that it would be a breeze for you though I can only hope.

Since your GC is tied to it I was suggesting that you go through a lawyer a good one and it will improve u r chances.

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addsf345

12-05 10:46 AM

how wld I know abt all these codes..

do I need to ave access to my approved labour?..

my approved 140 doesn't have much details abt the proposed job instead it's is written as see labour for job requirements...

so where wld I get these codes?

It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.

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InTheMoment

09-23 12:53 PM

Yes... but it also means that your app is out of the storage area into the staging queue, which means an advancement !

USCIS needs to provide a legend/work-flow chart of what they put in their SR's and where that stands in the overall flow.

I got an SR response back saying that my application is "waiting to be assigned to an officer"...whatever that means...isnt every application so? I think SRs are just as useless as any other 'customer service' provided by USCIS...

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gc_wow

07-07 01:31 PM

I have applied 485 during the july07 fiasco,I got 2 eads and aps,they have not even touched my case since april08.Is my case preadjudicated?

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ajju

09-08 12:26 PM

Dear All:

Need your advice. Filed I-485 on July 5th. I-140 is approved. Working with the employer for 6 yrs. Now that I filed for final stage, my employer wants me to sign a contract voluntarily that I should stay with them for 24 months. What are my legal options in state of CA? He wants to get 20K if I leave earlier than contract term. I signed it since he threatened me to revoke I-140. Can I backout after portability law kicks in.

Thanks in advance.

Check with a good attorney like Sheela Murthy or Rajiv Khanna after 6 months... Until then you really don't have any choice... I am surprised to see that you worked for this employer for last 6 years and this is the state of your relationship... Did he paid for all the legal fees or was it paid by you??

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