Euclid
03-19 09:55 PM
Actually, what your HR says makes no sense. You *are* presenting a list A document. According to the receipt rule "the receipt for the replacement suffices (for 90 days) wherever the actual would have sufficed" (I paraphrase).
So you are in effect presenting a list A document.
Get some talking points from the net and argue this out with them.
So you are in effect presenting a list A document.
Get some talking points from the net and argue this out with them.
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santb1975
12-25 04:18 PM
for sure if you go DOL. you can take the help of an attorney to get you the amount based on your past pay stubs.
LostInGCProcess
09-15 12:03 PM
This is truly a great idea. We must show the 'family' face of our struggle. This country is built on compassion (at least that's what they claim in the mainstream media). Each one of us must send one family picture to the President of United States and urge him to take a closer look at the current USCIS process and make it better.
I also urge to send a good family picture with kids. Definitely it must impact someone who would look at the pictures.
Good Idea!!
I also urge to send a good family picture with kids. Definitely it must impact someone who would look at the pictures.
Good Idea!!
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gc_dream07
03-30 10:39 PM
Enjoy the freedom.
Good Luck with next endeavor (citizenship I guess!!:))
Good Luck with next endeavor (citizenship I guess!!:))
more...
satishku_2000
08-23 10:01 PM
Response times are now determined by service centers. Earlier it used be be 12 weeks but now it depends on evidence type
Memo accoring to murthy.com
http://www.murthy.com/news/n_restim.html
USCIS Clarification on Response Time for RFEs/NOIDs
Posted Jun 22, 2007
�MurthyDotCom
The USCIS is implementing changes with respect to the deadlines for responses to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). MurthyDotCom and MurthyBulletin readers were informed of the final rule on flexible response times for RFEs in our May 4, 2007 article, USCIS Regulation on Response Time for RFEs and NOIDs.
�MurthyDotCom
The USCIS now has issued further clarification regarding timeframes for RFE and NOID responses in its June 1, 2007 interoffice memorandum. This guidance was issued to the appropriate USCIS directors in order to clarify procedures that became effective on June 18, 2007. This guidance is intended to establish the proper RFE and NOID deadlines, now that we will no longer be operating under the earlier, standard 12-week response time for an RFE and 30-day response time for a NOID.
�MurthyDotCom
TYPES OF FILINGS FOR RESPONSE WITHIN 30 DAYS
�MurthyDotCom
Missing or Incomplete Initial Evidence
�MurthyDotCom
According to the USCIS's June 1, 2007 guidance, applicants and petitioners can be given 30 days to submit missing initial evidence that the form requires, regardless of the nature of the form. Initial evidence is essentially basic, required documentation that is fundamentally necessary in each case.
�MurthyDotCom
The USCIS can deny a case outright for a lack of initial evidence. The issuance of an RFE is purely discretionary on the part of the USCIS, when, in their opinion, the initial evidence was not provided with the filing.
�MurthyDotCom
I-539 Requests to Extend / Change Nonimmigrant Status
�MurthyDotCom
The USCIS also established a 30-day response time to any RFE issued with regard to Form I-539 (Request to Extend / Change Nonimmigrant Status). The Memo explained that the USCIS determined lengthy RFE response times to be inconsistent with the purpose of Form I-539. Therefore, RFEs related to Form I-539 filings will have 30 days to respond.
�MurthyDotCom
OTHER TYPES OF RFE RESPONSES
�MurthyDotCom
Evidence Available within the U.S. : 42 Days
�MurthyDotCom
If the USCIS believes that the missing evidence is available within the U.S., the RFE response typically will be 42 days. This applies to all forms, other than the I-539, discussed above.
�MurthyDotCom
Evidence to be Obtained from Abroad
�MurthyDotCom
If missing evidence is available only from outside the U.S., then the USCIS typically will provide applicants and/or petitioners with up to a total of 84 days to respond to the RFE. This also applies to all forms, with the exception of the I-539, discussed above.
�MurthyDotCom
CONCLUSION
�MurthyDotCom
It is now more important than ever to make every effort to completely document a case before filing. The importance of providing all of the initial required evidence is going to become even more important now than before. Failure to respond to an RFE, with all the required evidence and in a timely fashion, will likely result in a denial. It is important to take the time to file correctly, rather than rush. At the Murthy Law Firm, we believe that it is always better to obtain a slow approval than a quick denial!
Memo accoring to murthy.com
http://www.murthy.com/news/n_restim.html
USCIS Clarification on Response Time for RFEs/NOIDs
Posted Jun 22, 2007
�MurthyDotCom
The USCIS is implementing changes with respect to the deadlines for responses to Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs). MurthyDotCom and MurthyBulletin readers were informed of the final rule on flexible response times for RFEs in our May 4, 2007 article, USCIS Regulation on Response Time for RFEs and NOIDs.
�MurthyDotCom
The USCIS now has issued further clarification regarding timeframes for RFE and NOID responses in its June 1, 2007 interoffice memorandum. This guidance was issued to the appropriate USCIS directors in order to clarify procedures that became effective on June 18, 2007. This guidance is intended to establish the proper RFE and NOID deadlines, now that we will no longer be operating under the earlier, standard 12-week response time for an RFE and 30-day response time for a NOID.
�MurthyDotCom
TYPES OF FILINGS FOR RESPONSE WITHIN 30 DAYS
�MurthyDotCom
Missing or Incomplete Initial Evidence
�MurthyDotCom
According to the USCIS's June 1, 2007 guidance, applicants and petitioners can be given 30 days to submit missing initial evidence that the form requires, regardless of the nature of the form. Initial evidence is essentially basic, required documentation that is fundamentally necessary in each case.
�MurthyDotCom
The USCIS can deny a case outright for a lack of initial evidence. The issuance of an RFE is purely discretionary on the part of the USCIS, when, in their opinion, the initial evidence was not provided with the filing.
�MurthyDotCom
I-539 Requests to Extend / Change Nonimmigrant Status
�MurthyDotCom
The USCIS also established a 30-day response time to any RFE issued with regard to Form I-539 (Request to Extend / Change Nonimmigrant Status). The Memo explained that the USCIS determined lengthy RFE response times to be inconsistent with the purpose of Form I-539. Therefore, RFEs related to Form I-539 filings will have 30 days to respond.
�MurthyDotCom
OTHER TYPES OF RFE RESPONSES
�MurthyDotCom
Evidence Available within the U.S. : 42 Days
�MurthyDotCom
If the USCIS believes that the missing evidence is available within the U.S., the RFE response typically will be 42 days. This applies to all forms, other than the I-539, discussed above.
�MurthyDotCom
Evidence to be Obtained from Abroad
�MurthyDotCom
If missing evidence is available only from outside the U.S., then the USCIS typically will provide applicants and/or petitioners with up to a total of 84 days to respond to the RFE. This also applies to all forms, with the exception of the I-539, discussed above.
�MurthyDotCom
CONCLUSION
�MurthyDotCom
It is now more important than ever to make every effort to completely document a case before filing. The importance of providing all of the initial required evidence is going to become even more important now than before. Failure to respond to an RFE, with all the required evidence and in a timely fashion, will likely result in a denial. It is important to take the time to file correctly, rather than rush. At the Murthy Law Firm, we believe that it is always better to obtain a slow approval than a quick denial!
satya1234
03-29 02:21 PM
Thanks for the Reply.I did send.
more...
ksvreg
02-25 09:55 AM
I started talking to new employer about my joining and I requested for preparing PERM stuff before I join. This is the only this I want the new employer to do on behalf me before I join with him. The employer said Prevailing Wage determination takes 2 months. And the new employer mentioned that he can not do Prevailing Wage determination without joining. Is this right?
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jnayar2006
12-28 05:40 PM
Some in this situation are planning to do the full time MBA from the IIMs / ISB under NRI quota
I am not sure how useful doing an MBA from an Indian school would be if one is planning to get back to the U.S. (or the western world in general) I did mine from IIM Ahmedabad, and find it pretty much worthless here.
I am not sure how useful doing an MBA from an Indian school would be if one is planning to get back to the U.S. (or the western world in general) I did mine from IIM Ahmedabad, and find it pretty much worthless here.
more...
black_logs
05-01 01:20 PM
You can't get an apointment for June, until you can prove you have an emergency. Also you should make your appointment at the post according to the permanent address on your passport.
Folks,
I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.
Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :
Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?
You need to schedule an appointment for a visa interview through our website www.vfs-usa.co.in or at a visa application centre nearest to your area of residence.
Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?
I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.
Ganesh.
ps: I can't get appointments before June in Canada or Mexico either. :(
Folks,
I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.
Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :
Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?
You need to schedule an appointment for a visa interview through our website www.vfs-usa.co.in or at a visa application centre nearest to your area of residence.
Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?
I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.
Ganesh.
ps: I can't get appointments before June in Canada or Mexico either. :(
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WaitingForMyGC
06-25 11:18 AM
Thanks guys for all your replies & suggestions. Just to let you know, that I am paying for my whole GC process and I have been with this company since last 3 years. I have already completed one 2 year contract term with them and still they are asking me to sign new contract. To me, this is total blackmailing.
more...
optimist578
12-28 09:51 AM
To my understanding, if a person holding EAD is allowed to change jobs, he is not really tied to any particular employer. But the job description according to the I-485 form should hold true to anything you do till it is approved.
I am not sure if you can take a leave of absence, though. My hunch, would be 'no'. I am also in a similar situation and looking for some advice. Let me know, if you find an answer.
Thank You.
All the gurus on this forum,
I have this questions and I have feeling some of you are considering doijng this;;;;
My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from INSEAD france for classes starting 2007.
IF my employer gives me Pesonal Leave of Abscene for one year....without pay
can I take off for studies without impacting the GCprocess?
Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..
I would love to connect to anyone who is similar situation......
PLEASE respond
:(
I am not sure if you can take a leave of absence, though. My hunch, would be 'no'. I am also in a similar situation and looking for some advice. Let me know, if you find an answer.
Thank You.
All the gurus on this forum,
I have this questions and I have feeling some of you are considering doijng this;;;;
My I-140 and 485 was concurrently filed in Dec2002. I-140 got approved. 485 is pending.
As i decided that this GC process should not hold me captive i went ahead made plans for my MBA education. Now I have an admission from INSEAD france for classes starting 2007.
IF my employer gives me Pesonal Leave of Abscene for one year....without pay
can I take off for studies without impacting the GCprocess?
Since I will be moving out of my residenec should I inform the INS of a new address friends) so that they can send EAD/AP etc..
I would love to connect to anyone who is similar situation......
PLEASE respond
:(
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freddy22
07-20 12:59 AM
what if he is charged with 2 misdemenaors as a YOUTHFUL OFFENDER?
is the law not that these are NOT grounds for deportation proceedings?
is the law not that these are NOT grounds for deportation proceedings?
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nhfirefighter13
June 4th, 2004, 02:16 PM
I hope you don't mind but with about 20 minutes in photoshop...
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needhelp!
02-13 10:55 PM
Thanks to all who responded.
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browncow
03-12 10:31 PM
congrats.
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Michael chertoff
04-07 07:33 PM
Hmm. Another kela. Don't worry MC, your time will come.
Bhiyaa aapkee baat samajh me nahee aayee...aap kahna kya chahte hai.
Bhiyaa aapkee baat samajh me nahee aayee...aap kahna kya chahte hai.
more...
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gcpain
03-29 08:22 AM
I agree although absolute aim is getting GC , But It is too vague to put as a clearly defined objective.
Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
It is more complicated/different and there are forums which knows the issues clearly and are adressing them
We need to work towards all category of Employment Immigration like EB1, EB2 and EB3. Apart from other priorities including getting GC as early as possible, our top priority is applying I485,AP & EAD for all categories when they are not current.
DPSG: Again do not post any messages like for only EB2 or EB1. It has to be all EB categories.
Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
It is more complicated/different and there are forums which knows the issues clearly and are adressing them
We need to work towards all category of Employment Immigration like EB1, EB2 and EB3. Apart from other priorities including getting GC as early as possible, our top priority is applying I485,AP & EAD for all categories when they are not current.
DPSG: Again do not post any messages like for only EB2 or EB1. It has to be all EB categories.
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Macaca
02-26 02:14 PM
Oh Eleanor, I don't even know where to start on this scumbag.
But I do know how to end it.
This slumdog needs a solid, old fashioned butt whipping: open to public, health-care-debate-like telecast, take his pants off, bend him over, highest priority to curry with Z-E-R-O U.S. education.
But I do know how to end it.
This slumdog needs a solid, old fashioned butt whipping: open to public, health-care-debate-like telecast, take his pants off, bend him over, highest priority to curry with Z-E-R-O U.S. education.
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AB1275
12-12 01:01 PM
No I am not......the lawyer said we reapply either with the prevailing rate of EB2 or EB3.
I spoke to another lawyer and she said as my 5th year end in the first week of Feb 09, I dont have much choice.......file another PERM immediately and concurrently find another company that has existing ads.
To add to all this, I just came to know my company wants to transfer the file to another lawyer! I dont know if thats a good idea!
I spoke to another lawyer and she said as my 5th year end in the first week of Feb 09, I dont have much choice.......file another PERM immediately and concurrently find another company that has existing ads.
To add to all this, I just came to know my company wants to transfer the file to another lawyer! I dont know if thats a good idea!
gk_2000
10-20 10:13 PM
he is leading his dem candidate by 30 points in one poll
Hey bhagwan, is budde ko dharthi se tu utha le..
(Oh almighty, summon this old man away from us)
Hey bhagwan, is budde ko dharthi se tu utha le..
(Oh almighty, summon this old man away from us)
naturopathicpt
06-29 04:53 PM
Hi Atty. Ruben, your response has been really helpful and it does makes sense that it would be below the minimum salary required by the LCA. Is there any PDF or citation where I can print out for my records stating this law?
I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:
"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."
So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?
I appreciate your generous response.
NaturopathicPT
I have to clarify something, the contact was made by my recruiter BUT the Employment Agreement states that it is only between ME and my EMPLOYER. Should I breach the contact it states:
"If the employee resigns OR otherwise breaches any of the terms of this Agreement prior to its expiration, Employee shall be liable for ALL of the expenses incurred by the Employer to tmploy him or her, including, but not limited to, COST OF TRANSPORTATION, FEES FOR PROCESSING IMMIGRATION DOCUMENTS, FEES FOR PROCESSING LICENSING DOCUMENTS, AND ANY FEES PAID BY EMPLOYEE TO A RECUITER. EMPLOYEE UNDERSTANDS AND AGREES THAT THESE COSTS MAY BE RECOVERED BY DEDUCTING THESE AMOUNTS FROM ANY WAGES EARNED. If any party shall violate or breach any of the terms or provisions of this Agreement, the party in default or breach, shall shall pay to the prevaling party ALL COSTS AND EXPENSES, INCLUDING REASONABLE ATTORNEY'S FEES, WHICH THE PREVAILING PARTY MAY INCUR OR PAY AS A RESULT OF SUCH DEFAULT OR BREACH."
So Atty. Ruben, I want to know your opinion on this. is this really illegal? Though I signed the contract without knowing about the LAW, do I have the power to dispute this?
I appreciate your generous response.
NaturopathicPT
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