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sanju
09-09 12:11 PM
On your previous post you mention about salary hike and %ges...can you please clarify if a person continues to work for same employer (who filed PERM and 140) and salary hike is (base salary or bonus) 10% or more per year and AOS application process takes 2-3 years (so, total 30% difference in 3 years)...is that a negative on your application? or can it be a reason for denial?
Thanks
Rahul
This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".
But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it’s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.
Thanks
Rahul
This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".
But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it’s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.
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senthil1
04-09 01:44 PM
One other solution is counting of Cap should be based on starting of employment. Then companies will not apply thousands at a time and they will apply only genuine cases when it is required. Implementation is difficult but there should be a way.
Or instead of lottery some other criteria can be applied like qualification,salary and company
Guys n Gals,
I feel your pain with regards to consulting firms, but do not blame them for your issues. I know quite a few people from top tier universities in India/US who work for consulting firms and make at least 2-3X times money than minimum required for h1b. What is wrong with working for consulting firms? Such over generalizations only display ignorance and I would advise you to stay away from it.
Best of luck with visa lottery. To alleviate your pain I think you should join hands with IV and try to make the GC process a lot faster that way you don't have to worry about H1 at all. If the provision of admin fixes where one gets to apply for 485 without visa numbers being available goes through, you can go directly from Student OPT to 485 EAD.
Or instead of lottery some other criteria can be applied like qualification,salary and company
Guys n Gals,
I feel your pain with regards to consulting firms, but do not blame them for your issues. I know quite a few people from top tier universities in India/US who work for consulting firms and make at least 2-3X times money than minimum required for h1b. What is wrong with working for consulting firms? Such over generalizations only display ignorance and I would advise you to stay away from it.
Best of luck with visa lottery. To alleviate your pain I think you should join hands with IV and try to make the GC process a lot faster that way you don't have to worry about H1 at all. If the provision of admin fixes where one gets to apply for 485 without visa numbers being available goes through, you can go directly from Student OPT to 485 EAD.
paskal
12-20 11:41 PM
http://www.washingtonpost.com/wp-dyn/content/article/2006/12/20/AR2006122001910.html
both Rajiv Khanna and Shusterman have fought these kinds of high profile cases
wonder if they might be interested in something like this.......
both Rajiv Khanna and Shusterman have fought these kinds of high profile cases
wonder if they might be interested in something like this.......
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looivy
01-21 12:43 PM
Mailed letters for me and my spouse today to both IV and White house....
IV members, please don't delay - send yours as soon as possible.
IV members, please don't delay - send yours as soon as possible.
more...
vallabhu
04-02 02:00 PM
sent both faxes #10 & 11
Carlau
06-19 10:17 PM
I think u r in a trap here. I recently talked to a HR of a desi company and he clearly told me his boss does not want to file for 485 for all eligible applicants and is working on strategies to fool his employees into prolonging things till dates retrogress.
U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.
Don't fall into ur employer - lawyer trap
Sats123, Chanduv23 is correct, also reading that with the paystubs you can avoid the employer letter saying that you work in such position and for such salary, finding out what position they used to file your labor (did you find it in the database on my previous post) and considering that you are about to get ripped off, it would be advisable that you go through that lawyer that someone was saying charges 1000 to file your papers and 500 for your spouse;
Did you get the medicals? I know it takes time now to get an appointment, and if you want to file the I-485 on your own, please ask if you have questions, I think you can get out of this trap and before the immigration rates hike on July 30th.
U can choose ur lawyer, u don't have to let employer know u applying for 485 at all. Do not link ur lawyer and employer for any reason. Keep them both away. U already have 140 approved and u have nothing to lose.
Don't fall into ur employer - lawyer trap
Sats123, Chanduv23 is correct, also reading that with the paystubs you can avoid the employer letter saying that you work in such position and for such salary, finding out what position they used to file your labor (did you find it in the database on my previous post) and considering that you are about to get ripped off, it would be advisable that you go through that lawyer that someone was saying charges 1000 to file your papers and 500 for your spouse;
Did you get the medicals? I know it takes time now to get an appointment, and if you want to file the I-485 on your own, please ask if you have questions, I think you can get out of this trap and before the immigration rates hike on July 30th.
more...
natrajs
08-22 10:58 AM
Let us wait , It will be soon discussed openly
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santb1975
01-11 08:37 AM
Real threads have to stay on top
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glus
06-01 09:53 AM
Voted YES.
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GC4LI
04-22 05:30 PM
I completely agree with JK...i work here in Phoenix in a construction company, and many of the legal immigrants (including Latinos, indians etc....brown skin people) have started to worry about this bill becoming law....every other person in our company have experienced what this would bring us....
We have been working in various cities here in AZ, and travel is a must for us...
Once, while I was driving to Tucson for a project inspection, i was stopped by border patrol agents at 2 different locations....i mean to say, they were not stationed in a booth or any thing, they had patrol cars just like cops....they just park their car on the shoulder, and wait for any brown guy driving across....
Infact, one border patrol agent followed me for about 2 miles, then drove right next to me, again slowed down to get behind me, and turned on the lights...so, I had to stop....luckily, i had my EAD card, which is always keep in my wallet, even though I am on H1-B....however, he insisted that we (as in legal immigrants) should carry our passports (Original and not a copy) with us when we travel...which is totally rediculous!!!!!
what irritates me is that these guys don't even understand what an EAD is.....he was expecting that I should have a visa inorder to be in the US....it took almost 25 to 30 mins to explain my status (H1-B, but not stamped in my passport)....that an approved H1-B petition is enough to stay and work in the US.....HE JUST DIDN'T GET IT!!!!!....in the end, this guy, as though he was doing a great favor to me, said that he is allowing me to travel on humanitarian grounds and with a warning....f&*k*&^ bull%^&*......
I have traveled many times with my coworker who is caucasian, and not even once have I had a problem with border patrol agents.....
I just don't know what to say!!!!!! is it their lack of common sense, or knowledge, or is it just plain blunt racial profiling???????
We have been working in various cities here in AZ, and travel is a must for us...
Once, while I was driving to Tucson for a project inspection, i was stopped by border patrol agents at 2 different locations....i mean to say, they were not stationed in a booth or any thing, they had patrol cars just like cops....they just park their car on the shoulder, and wait for any brown guy driving across....
Infact, one border patrol agent followed me for about 2 miles, then drove right next to me, again slowed down to get behind me, and turned on the lights...so, I had to stop....luckily, i had my EAD card, which is always keep in my wallet, even though I am on H1-B....however, he insisted that we (as in legal immigrants) should carry our passports (Original and not a copy) with us when we travel...which is totally rediculous!!!!!
what irritates me is that these guys don't even understand what an EAD is.....he was expecting that I should have a visa inorder to be in the US....it took almost 25 to 30 mins to explain my status (H1-B, but not stamped in my passport)....that an approved H1-B petition is enough to stay and work in the US.....HE JUST DIDN'T GET IT!!!!!....in the end, this guy, as though he was doing a great favor to me, said that he is allowing me to travel on humanitarian grounds and with a warning....f&*k*&^ bull%^&*......
I have traveled many times with my coworker who is caucasian, and not even once have I had a problem with border patrol agents.....
I just don't know what to say!!!!!! is it their lack of common sense, or knowledge, or is it just plain blunt racial profiling???????
more...
qtoask
06-20 12:05 PM
please update here http://immigrationvoice.org/forum/showthread.php?t=5379
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Powersa
07-07 06:42 PM
Good news story, kudos.
To me, the message seems like - problems with no solutions (yet). I wish there had been more time for them to elaborate on the emotional roller coaster and money spent with little return for who knows how many people/families.
To me, the message seems like - problems with no solutions (yet). I wish there had been more time for them to elaborate on the emotional roller coaster and money spent with little return for who knows how many people/families.
more...
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Better_Days
04-29 01:36 PM
I was wondering if someone will mention F-22.
First of all, F-22 is not for sale. Period. There is no such thing as a close ally as far as F-22 is concerned. Even the Israelis got a curt NO when they wanted to buy it.
Second, IAF does not want the F-22. It is US$ 150 Million a piece which makes it almost twice as expensive as any of the planes being considered. Also, if you look at the IAF's area of operation: F-22 is an overkill. None of the neighboring countries and this includes China has capabilities that will necessitate something like F-22 to deal with.
First of all, F-22 is not for sale. Period. There is no such thing as a close ally as far as F-22 is concerned. Even the Israelis got a curt NO when they wanted to buy it.
Second, IAF does not want the F-22. It is US$ 150 Million a piece which makes it almost twice as expensive as any of the planes being considered. Also, if you look at the IAF's area of operation: F-22 is an overkill. None of the neighboring countries and this includes China has capabilities that will necessitate something like F-22 to deal with.
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GCOP
07-13 01:56 PM
Congratulations on Getting the GC. You really deserve it after such a long journey.Thanks for your support to IV and IV Members.
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Berkeleybee
02-04 09:07 PM
All,
I'm posting this here since the old volunteer forums are no longer available. Where all have you posted flyers, info in CA?
For those in the Bay Area: Have you contacted the new Indian Community Center in http://indiacc.org/Default.aspx (they have locations in Milpitas and Sunnyvale)? I don't live in the South Bay, but it seems like this is a pretty active space. Wonder if they would let us give a talk, and/or post flyers etc. If no one has been in touch with them, I could try.
Thanks,
Berkeleybee
I'm posting this here since the old volunteer forums are no longer available. Where all have you posted flyers, info in CA?
For those in the Bay Area: Have you contacted the new Indian Community Center in http://indiacc.org/Default.aspx (they have locations in Milpitas and Sunnyvale)? I don't live in the South Bay, but it seems like this is a pretty active space. Wonder if they would let us give a talk, and/or post flyers etc. If no one has been in touch with them, I could try.
Thanks,
Berkeleybee
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hydboy77
06-02 06:30 PM
what the heck happenned. The text has completely changed since I voted. When I voted it clearly stated the unused visas would be recaptured for family based and employment based immigrants. now it only says for family based immigrants. Have we (employment based) been shafted, is visa recapture for us Eb immigrants or not?
more...
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coloniel60
08-15 01:32 PM
Some peoples think that they are the smartest world has ever Produced.
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
If a lawyer is mailing the application and he probably is mailing hundreds of applications, he won't give the applicant's address in the USPS senders address. So there is no way to match a receipt to an applicant. Besides USCIS won't know what the contents of the package are.
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
If a lawyer is mailing the application and he probably is mailing hundreds of applications, he won't give the applicant's address in the USPS senders address. So there is no way to match a receipt to an applicant. Besides USCIS won't know what the contents of the package are.
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GC_ki_daud
07-25 02:32 PM
:confused: I have
EB2 140 Approved Feb 2006
EB3 140 approved June 2004
My Lawyer says that when they filed my 485 in July 2007, they sent both 140 petitions. IS THAT POSSIBLE ?
Now that the dates got current in Aug 2008 bulletin , I asked them to proceed further so that my case could be adjudicated.
They suggested me to wait and see since ,now, my original EB2 is current anyways.
My question is, Is there any way to find out which category (EB2 OR EB3)will USCIS consider my 485 case to be ?
Should I request infopass now or wait ?
EB2 140 Approved Feb 2006
EB3 140 approved June 2004
My Lawyer says that when they filed my 485 in July 2007, they sent both 140 petitions. IS THAT POSSIBLE ?
Now that the dates got current in Aug 2008 bulletin , I asked them to proceed further so that my case could be adjudicated.
They suggested me to wait and see since ,now, my original EB2 is current anyways.
My question is, Is there any way to find out which category (EB2 OR EB3)will USCIS consider my 485 case to be ?
Should I request infopass now or wait ?
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tinku01
02-12 11:22 AM
Initially these facilities not provided to CP filers because it used be fast in comparison of 485 filers but now due to this retrogression CP filers are also waiting in queue with 485 filers and not even getting any reliefe I would say they are in very bad situation compare to 485 filers.
ashishgour
05-29 08:37 PM
Done...
eb3_nepa
01-04 12:10 PM
Question.
If you have one wife and u get divorced you have to give her 50% of what u have.
What happens if you have 2 wives? ;)
If you have one wife and u get divorced you have to give her 50% of what u have.
What happens if you have 2 wives? ;)
