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  • krishna.ahd
    11-01 09:47 AM
    I just received my H1B starting Oct 1st. My desi (cheap) employer first decided to not pay me till Oct 15th because I didn't have a SSN. Then after my SSN came they decided that they wanted to reduce my salary, the reason being that the company's economic situation has changed since Jan filing.

    I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.

    Can somebody help? What are my options? I was on H4 and moved to H1. I am really frustrated with their attitude and in this economy it is really hard to find a job.

    Any help would be great.
    I assume this is your fisrt job/assignment and understand your pain.
    May be you are at wrong time and wrong place. Work this out patiently.
    Do they ( your company) have work for you or client's assignment ??
    While try to gain some real work experince working here for a while , Please try to find out another sponsor and switch.
    BTW, how about your skill set ??

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  • sheela
    10-12 02:45 PM
    please, poll your PD here

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  • cygent
    07-02 04:43 PM
    You cannot sue them for any of the above.
    3) See (2)


    I see your point in 1) Ok, I will agree with that. My mistake.

    But from 2) it is very clear injustice. You just mentioned that they made a "choice" not to burn unused visa's, well then that choice obviously excluded the rest of the field, in terms of the rules. Of course, they have the excuse of backlog + 2007 visagate, but that does not redeem their actions. The root cause is because of how the laws were crafted.

    Similar argument for 3) - They must be held accountable.

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  • teachamerica07
    01-30 08:11 AM
    Your priority date is 07 , Eb3 I . How can your daughter's 485 be approved by USCIS?


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  • Lisap
    09-06 02:27 PM
    Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
    You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.

    I agree with fatjoe- that is probably the best way. You could always call customer service and see if they have any suggestions? Good luck to you

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  • franklin
    07-05 01:40 PM
    I guess you mistook my statement... what I said was, where did they get enough EB2-ROW to approve and so fast that they used up all the visas earmarked for EB2-ROW... Its unavailability now that will cause a backlog and thus retorgression after october...

    in other words, if demand is higher than supply there will be a demand side backlog and this backlog occurs due to more demand than supply and thus unavailability of the "commodity"... this "unsatisfied demand" or "backlog" will then cause retrogression...

    my question was, where did so much EB2-ROW demand come from when in reality with country quotas and EB2-ROW being current all along there NEVER was a extrodinary demand and a pending backlog in this cat. to begin with...

    No, I didn't misunderstand your statement at all. EB2 Row didn't have a massive demand. EB3 ROW did.

    So to answer your question - How can EB2 ROW go Unavailable? It is very simple. All the visas were distributed for the year, all the ROW ones (recently) went to EB3 ROW. It doesn't make a jot of a difference whether they were distributed to EB2 ROW (and probably weren't, since as I mentioned, it was never Retrogressed, and therefore never in demand or never a problem)

    You seem to be misunderstanding my (albeit brief) statement. Technically, the numbers available for ROW are much greater (7% x roughly 250 countries). The mere fact that there has been retrogression in EB3 ROW for years shows that demand. It doesn't matter what EB2 ROW has done.

    When the visa numbers are done, they are done. If there are spare visas in the ROW category, they trickle down to EB3. If there are no bottlenecks at EB1 or EB2, the supply is greater than demand and EB3 benefits.

    There is easily enough demand from ROW all categories combined to make up the difference.
    This is assuming, of course, that the 7% country limits were observed.

    btw - my guess is that EB2 will become current again, and EB3 will go back to May date (aug 03)


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  • gc_aspirant_prasad
    07-13 05:24 PM

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  • coopheal
    10-09 10:57 PM
    I compared the 485 inventories from 12/11/09 and the one on 10/1/10, released by USCIS. The net difference (approved) for EB3I is approx 1320, cleared mostly for the 2001 PDs. Don't know what happened to rest of the visa numbers ( ~ 1500) out of the mandated ~2800 for EB3I.

    The reason is faulty data uscis and dos has been publishing.
    And now to fix the issue "releasing faulty data" the solution they have implemented is "not publish the data" :)


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  • bekugc
    04-18 04:15 PM
    the main grey area for n2b is --

    when he used ac21, if he had done h1 trnasfer and started work after getting h1 receipt, then there is NO qn at all that he is OK. he can work at new plc, his GC keeps going fine.

    but in his case, he jumped to EAD (lost his nonimmigrant status temporarily) and is trying to jump back to H1 status.

    im not sure but i think u shud be OK.

    - in one of rajiv khannas free conf call. one person had used ead/ac21 and had received "intent to deny 485". he was asking rajiv what shall i do if it gets denied?.
    rajiv said, u can fight ur denial for sure, but immediately ask ur company to tranfer ur h1 based on reason that u have an approved 140. and once u get recept u can continue to work and stay here and fight the denial if it happens.

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  • ImmigrationAnswerMan
    07-02 11:40 AM
    It depends on why your L was denied. The standards for the L and the H are completely different. So usually a denial on an L will not be a factor in adjudicating an H petition. If your L was denied because you had not developed the company enough to show that it was a viable company at this point, then when you file the H they might question whether your company is large enough to warrant needing someone in your position (whatever the position may be).


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  • mariner5555
    01-08 01:55 PM
    well but one day or the other you have to change it. it is easy to change on SSN ..is it easy to change on EAD and 485 ?

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  • greatguy
    08-24 05:43 PM
    #2 sorry about the tone. It was actually a copy paste from my email to a paid attorney.

    Can you help with my queries: 1) What kind of queries can we expect from the DOL ? 2) what questions should I ask the potential employer ?


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  • forgerator
    05-06 08:25 PM
    I would be interested in knowing as well.

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  • $eeGrEeN
    08-02 01:28 PM
    >>>>>>>>>>>>>>> USPS Issued MO's <<<<<<<<<<<<<<<<<

    The way you track money orders is , after 30 days from the date u gave them out , pull out the Money Order Sequence "Number" at the bottom of the top slip that you have. Give that in along with $5 to your local post office. they would track it for you and give a report.

    CAREFUL though. USPS , when it goes to track the MO, if it has not been cashed, they will give back the value on that MO (say the face value of the MO is $500 , if un-cashed , they give u $500 ). So, the person intended to cash it cannot.

    If cashed they give you the person's ID who cashed it.

    So, wait for a while before you invoke the process.


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  • psaxena
    05-19 11:58 AM

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  • hopefulgc
    08-19 12:45 AM
    Your concern seems valid.
    gnrajagopal, i would call USCIS customer service and talk to them about this.. better to get it confirmed.
    I am inclined to believe that you are approved.. they just haven't updated their system yet or mabybe the system didn't get updated somehow.

    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


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


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  • jonty_11
    07-06 01:33 PM
    If the allocated visa numbers doesn't get filled in one country does the remainder get assigned to other countries?
    no Condi and USCIS Chief just take those #'s and shove them down the toilet..

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  • rbharol
    09-22 04:53 PM
    You may not be in position to get exp letters from previous employers due to various reasons e.g., company is closed or they give exp letters in a set format which does not mention what you did there.

    In such scenarios Experience letter from X-Colleague or X-Manager from the same company with/under whom you worked will be OK. X-colleague/Manager does not have to be in that company now.

    I gave an experience letter to one of my friends who worked in my group in India.
    He got his EAD.

    Ask the lawyer what kind of language should be there on the exp letter... My friends lawyer gave the language to him.
    The person issuing the exp letter has to mention how he knows the applicant and under what capacity you were working,
    contact information etc etc.

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  • xlxoel
    06-09 04:36 PM
    I sent the pictures last TUESDAY, I was expecting my online status to change to: WORKING ON THE CASE before the do the approval, but nothing.

    I need to leave ASAP for Europe and I dont know how long is it going to take for them to mail me the TRAVEL DOCUMENT

    Anybody did a RFE of two pictures? How long did it take since you sent the pictures?

    Thank you

    10-29 03:11 PM
    There is no TDS for any funds held in NRE savings or CD accounts.
    Sorry for not putting that in. Thanks!
    Update : TDS applicable for NRO / Ordinary type of accounts.

    06-11 03:38 PM
    Do they assume that if you are in 7th year you can use your labor which you used for H1 7th year extension.

    what about if i140 is denied on the previous labor and one cannot use that labor any more.

    are all these bullet point are "ors" or "ands" does one has to staisfy all three conditions?

    I guess this is only for people who are nearing the 6th/7th,etc year extension and their PERM does not have more than 365 days days. In these cases the person will need to get out of the country unless I140 is approved.

    This would be my case if my PERM were to be approved before July. However my labor is audited and ATLANTA Backlog Center seems to be anything but fast these days...