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  • amitjoey
    08-05 01:10 PM
    The requirements of the job dictates whether or not you can qualify for EB2. So if you have a PHD or Post doctoral research, will not matter if the job you are doing only requires a Bachelors degree holder with minimal experience.

    On the other hand if the job requires that you have Bachelors with atleast 5 years of experience you could. Also, you have to pass the market labor test. So, the job has to be for skills that are in demand for which there is no US citizen available.





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  • lost_in_migration
    05-15 12:24 PM
    The problem of retrogression hits high skilled immigrants of all the countries and this is specially true for EB3. Hope more and more non-Indians sign-up for IV.

    This poll is highly skewed because majority of people on this forum are Indians, it does not really make sense to do this poll.





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  • what_now
    06-14 03:08 PM
    CPO mail today......





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  • Uncertain
    04-15 02:34 PM
    I am in.
    What do I need to do apart from contributions and convincing other friends to vote on the above thread?



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  • senk1s
    10-04 05:31 PM
    or is it the same question you wanted an answer to?





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  • jnraajan
    04-17 02:12 PM
    Hi All,

    I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.

    Here are my questions

    1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).

    2) What else should i do to make this injustice visible? I will work with DOl and get my money back.

    3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?


    PK

    Who gave you a red dot for the very first post here?



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  • savitri.bhave
    07-06 10:30 AM
    Jayant,

    Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.

    Once again thanks for the advice. Let me rephrase my question:

    (a) At this point can I file for PERM processing (five months left on H1)?

    (b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?

    (c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?

    At this point, I am loooking for extension of one year. Is there any way I can do this?

    Thanks a lot again,
    Savitri Bhave





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  • EkAurAaya
    03-19 10:23 PM
    There are no TAX on selling price as long as you stayed in the house for 2 year , you can exclude up to $250,000 ($500,000 for a married couple)

    If you meet the two-year ownership and use tests for a principal residence, and don't sell more than one principal residence in any two-year period, you can exclude any capital gain tax on the sale - up to the $250,000 or $500,000


    When you close your sale, your real state lawer will pay to your bank, your real estate agent, your reality transfer fee and other misc fee like Attorney fee etc.

    I have sold 2 houses in last 7 years and no real estate lawyer ever asked for 10% tax!!!


    More over are you making any money on the property sale now a days?!



    FED allows

    Thanks for confirming! No i m not looking to sell in this market :D (although if i have to sell i will still break even) i have a rental property that i was thinking of selling early last year and the lawyer mentioned this to me... so i wanted to confirm!



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  • gchopes
    10-04 09:13 AM
    Filed 485 on July 27 at TSC. No CC / RNs. Let me know if any of you receive the receipts. I shall do the same as well.





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  • i99
    09-19 12:39 PM
    ... this means nothing. it might mean "none of the above" in a multiple choice situation and might be put by mistake. might be good to have it corrected though. :rolleyes:

    --a person who does not know what happened to own application at all. :)



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  • kate123
    03-07 01:49 PM
    Hi Smuggymba, very sorry to see you in such a situation...

    It is my understanding that you can get a 3 year H1 (transfer) with an approved I 140. However for a successful transfer, it is required to have 140 in approved state. If for some reason your 140 is cancelled or revoked before you could initiate transfer process, chances are that your H1 transfer may be denied.

    My advice is to you: transfer your H1 as soon as possible before 140 is revoked....

    Coming to retaining your PD, No matter what, PD is always yours... Once you move to a new company you can port your PD even if old company revokes your 140....

    All the best





    6 months.

    Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.





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  • Ramba
    05-22 12:22 PM
    Filing 485 after june 10 may not help much. Because, state deprtment will move the date based on number of 485 approval (already filed before retrogression) by june first week, not by number of new 485s recived by june first week.

    However, it is a good idea. Perhaps this time they may moniter the number of 485 recived on or before june 10. Unlike H1B, one can submit the new 485 on or before june 30. No need to rush.



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  • gc_freedom
    02-21 02:28 AM
    admesystems you can apply for AP but you can not use it because you were out of status for 1 year you will not be allowed to enter US for next 10 years!

    So it's of no use to you.

    gc_freedom





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  • eagerr2i
    12-20 08:21 PM
    IRS does not withhold for salaried employees, the company deducts the Income Tax based on the number of declarations you have mentioned to Payroll department and sends it directly to IRS.

    For businesses, it is the businesses who pay advance tax every Q.

    I am not very clear about what you are talking about??



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  • Marphad
    03-26 06:01 PM
    I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.

    Can this create an issue while IO is working on my 485 application?





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  • pappusheth
    05-02 07:29 PM
    Once you get the I-94 at POE, the I-94 which comes with the I-797 become invalid. Always the latest I-94 counts.

    snathan: In that case my I-94 will be valid thru August 2009 which is the expiry date of current my stamped visa. Then what happens after August 2009? Since my I-94 will be expired, is that considered an unlawful presence? If so, what should I do then?

    We came back yesterday May 1st, my wife's stamp is only until May 31st and mine until Aug 30th but we had the extended approval notices. Both H1s. We both got stamped until the end of the extension date on the I 797. I don't think you'll have any problem.

    mckottayam: did you tell the IO explicitly that you had I-797 extensions approved to get I-94 stamped thru end of I-797?

    Lastly, for my wife, who will be entering on AP will be given one year of I-94. what happens after that I-94 is expired? Is that considered as unlawful presence? In that case will she have to renew her I-94? In general for people who enter on AP, what happens after their I-94 is expired??

    I appreciate your responses on this I-94 expiry piece.. I want to make sure that either me or my wife are not staying with expired I-94.
    Thanks.



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  • english_august
    07-06 08:14 AM
    If somebody wants to create a seperate message, release it, I can dig it.

    There you go:
    http://desicritics.org/2007/07/06/004733.php





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  • justAnotherFile
    08-04 12:57 AM
    July 2 filer, PD 11/2005.
    infopass appt IO mentioned namecheck and FP check cleared.
    No soft/hard LUDs/approval yet.





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  • akred
    06-02 09:18 PM
    Science, Technology, Engineering and Mathematics....

    Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.

    Does anyone have a list of majors included or any other information on this issue?

    Thanks.

    I posted the list sometime ago. Do a search for "list of stem disciplines" on the forums.





    transpass
    07-16 10:19 AM
    I checked with the lawyer's office regarding levels I, II, II and IV on labor certification...The thing that determines EB2 and EB3 is what is written on the approved I-140.

    For example, if it says 'Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2)' it is EB2. So it's what's checked in when u file your 140, and what it is approved for.

    As far as levels I, II, III and IV are concerned, it does not matter regarding adjudication. The thing that only matters is either EB2 or EB3 (which is based on 140 approval as mentioned above) for Indians and Chinese in this case...





    bookmarkmaster
    08-27 06:59 AM
    Hi,

    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


    Please help me understand if their concerns are valid and if not what is the remedy.



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