sabbygirl99
07-07 08:57 AM
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???
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???
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nlssubbu
06-20 02:41 PM
I used AP thrice and renewed my H1 twice after entering using AP without any issues.
Thanks
Thanks
bpratap
02-04 03:36 PM
My concern is during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140.
I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.
I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.
its the same co. which filed my I-140 & I-485.
I have put all my WAC/SRC numbers on USCIS website, I could see the LUD date changed against all files except for I-140. which apparently have a different A#.
I m worried, if USCIS would come up sometime in future n say they dont see my I-140 file.
its the same co. which filed my I-140 & I-485.
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zoooom
10-25 10:56 PM
Come on guys...some one..
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JunRN
08-26 03:22 AM
It seems that all those whose application were sent to TSC, directly or indirectly, are very lucky. TSC has a way to fast-track the processing of applications. It is indeed much more efficient than NSC.
inskrish
04-18 09:42 PM
Many of us can run into these situations since we all have a long long way to go for our GCs, it will be helpful if this great secret information can be put in here so that all of us already know what to do when we hit this issue.
Hi,
Sure. I can post the details in a couple of days once I have obtained all necessary information about my denial notice.
Hi,
Sure. I can post the details in a couple of days once I have obtained all necessary information about my denial notice.
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p7810456
06-18 05:59 PM
I am not getting any appointment in June with any doctor within 60 miles from my place. So I took an appointment with a doc 70+ miles away for end of june. The only problem is I need to go twice 70 miles one way. The clinic suggested I do the blood work in nearby county clinic, but the county clinic wants 7-10 days to get results of blood work. I asked them for HIV and Sephallius test to be done. I already got TB Skin test(tested negative) done at county clinic.
Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.
its kinda interesting why there is no appointment available sooner. I am in florida and i heard frmo my attorney on Thursday.. and called 3 doctors Friday morning.. all three said come down right now. Finally went to one of them the same day in the afternoon.. he did some blood work.. gave me MMR and TD.. and did TB test. I want back today morning and got my all the reports.
As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.
Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.
its kinda interesting why there is no appointment available sooner. I am in florida and i heard frmo my attorney on Thursday.. and called 3 doctors Friday morning.. all three said come down right now. Finally went to one of them the same day in the afternoon.. he did some blood work.. gave me MMR and TD.. and did TB test. I want back today morning and got my all the reports.
As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.
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kaisersose
04-16 02:24 PM
hi friends,
what happens if 485 gets denied for some reason like if the record is not clean or communicable diseases etc. does this mean our green card is rejected. actually my wife and myself entered the country on AP. but we have our H1 and H4 extension paper till dec 09. if by any case my GC gets denied r we out of status.
any help is appreciated.
if 485 gets denied due to an error, you can appeal...does not matter if you are on H-1b or EAD.
If it gets denied due to a real problem, then appeals will not help. In such situations with a H1 you can stay until it is time for H1 renewal - if you want to.
what happens if 485 gets denied for some reason like if the record is not clean or communicable diseases etc. does this mean our green card is rejected. actually my wife and myself entered the country on AP. but we have our H1 and H4 extension paper till dec 09. if by any case my GC gets denied r we out of status.
any help is appreciated.
if 485 gets denied due to an error, you can appeal...does not matter if you are on H-1b or EAD.
If it gets denied due to a real problem, then appeals will not help. In such situations with a H1 you can stay until it is time for H1 renewal - if you want to.
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silvinhaphn
05-05 07:01 PM
Hey guys I got the mail today! I'm sooo happy!
Thanks everybody that replied!
Thanks everybody that replied!
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Legal_In_A_Limbo
01-14 05:55 PM
What does the employment contract between your husband and his employer say? This document will be the key to what your husband can or can't do.
The problem is the employement letter does not says anything. We will be looking into the handbook of the company, to see what it says.
Thanks.
The problem is the employement letter does not says anything. We will be looking into the handbook of the company, to see what it says.
Thanks.
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casinoroyale
01-26 10:25 AM
I would also like to suggest to display complete heading in the "Recent forum posts" section.
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abhijitp
01-27 03:47 AM
FYI, I have been in the queue for 6.5 years now. I did write the letter.
Cool... thank you for your efforts. I didn't want to offend you... just in case you got that impression. The point is, as long as the AOS is pending approval, there is the risk that we can be thrown to the back of the queue because of a rejection of the AOS application for a reason beyond our control.
If that happens... and if we need to re-start then we are looking at about 12 years for our next chance, as it will take at least so long for a PD from 2008 or later to become current... unless:
1) a miracle like June 2007 happens
OR
2) the EB GC process is revamped, which is what IV is trying to make happen!
Cool... thank you for your efforts. I didn't want to offend you... just in case you got that impression. The point is, as long as the AOS is pending approval, there is the risk that we can be thrown to the back of the queue because of a rejection of the AOS application for a reason beyond our control.
If that happens... and if we need to re-start then we are looking at about 12 years for our next chance, as it will take at least so long for a PD from 2008 or later to become current... unless:
1) a miracle like June 2007 happens
OR
2) the EB GC process is revamped, which is what IV is trying to make happen!
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mayitbesoon
11-29 01:36 PM
can someone tell me how to find LUD on the online status. Thanks.
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jonty_11
07-05 04:31 PM
labor Substitution ....Heloooo!!!!
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string_235
12-05 05:29 PM
Hi,
My company has applied for my wife's L1B to L2 conversion on 28-OCT-2008 at Vermont Service Center. Anyone knows how much time typically it takes for this request?
When we are checking USCIS website, we are getting the following message continuously. My wife called to USCIS and USCIS said, case status is valid only in the system and the person does not know why that error message is coming.
"Validation Error(s)
You must correct the following error(s) before proceeding:
Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to uscis.webmaster@dhs.gov."
We are thinking that probably lots of applications are pending and that could be the reason. Once they pick up, it will be changed to Case received and pending and finally a decision will come.
Do you know if this is something we need to worry about that something might be wrong which might cause a long delay? Actually my wife is pregnant and she can travel back by air only till January 15th, 2008 at the maximum. So we are just worried.
Do you know how much time it takes normally for this sort of application too? Also if at all, a rejection comes, will there be any legal way she can stay back till couple of months as she will not be able to travel back that time?
Greatly appreciate your help in this regard!!!!
My company has applied for my wife's L1B to L2 conversion on 28-OCT-2008 at Vermont Service Center. Anyone knows how much time typically it takes for this request?
When we are checking USCIS website, we are getting the following message continuously. My wife called to USCIS and USCIS said, case status is valid only in the system and the person does not know why that error message is coming.
"Validation Error(s)
You must correct the following error(s) before proceeding:
Your case can not be found at this time in Case Status Online. Please check your receipt number and try again. If you need further assistance, you can either call the National Customer Service Center at 1.800.375.5283, or you can send an e-mail to uscis.webmaster@dhs.gov."
We are thinking that probably lots of applications are pending and that could be the reason. Once they pick up, it will be changed to Case received and pending and finally a decision will come.
Do you know if this is something we need to worry about that something might be wrong which might cause a long delay? Actually my wife is pregnant and she can travel back by air only till January 15th, 2008 at the maximum. So we are just worried.
Do you know how much time it takes normally for this sort of application too? Also if at all, a rejection comes, will there be any legal way she can stay back till couple of months as she will not be able to travel back that time?
Greatly appreciate your help in this regard!!!!
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TeddyKoochu
12-28 10:58 AM
I don't have the I-797A's I-94 which was attached to the bottom since I had to submit that in Jan 2009 when I'd visited India and come back to the US with H1-B stamping. I do have a copy of this I-797A's I-94...would giving this copy be better than not providing any at all? Thanks, Vick
You are actually expected to provide the latest I94, I believe that your employer may have filed an I9 based on your latest I94, just find the I94 # and the local customs and immigration at the airport should be able to issue you a new one. If you have a copy or the number of this one it would help.
You are actually expected to provide the latest I94, I believe that your employer may have filed an I9 based on your latest I94, just find the I94 # and the local customs and immigration at the airport should be able to issue you a new one. If you have a copy or the number of this one it would help.
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ivar
10-05 02:33 PM
Your ID is offensive, TelanganaINDIA
It is typical of some Indians who only care and mix with their own state. (Begalis, Andhra, Marathi to name a few). India is declining due to such people who do not believe in being an Indian.
Stop generalizing and don't hijack the thread. If you have nothing to contribute to this thread keep away and take your frustration some where else.
It is typical of some Indians who only care and mix with their own state. (Begalis, Andhra, Marathi to name a few). India is declining due to such people who do not believe in being an Indian.
Stop generalizing and don't hijack the thread. If you have nothing to contribute to this thread keep away and take your frustration some where else.
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go_gc_way
07-12 03:18 PM
when you file for the 485 you can use old priority date. priority dates can be transferred if old 140 was approved and you changed the company to restart the process all over again.
Can you use an PD from an old labour application, that was approved but the labour has been used for another employee?
I think not as from your answer it appears , labour & i-140 must have been approved for the same person, just wanted to get it clarified.
Thanks.
Can you use an PD from an old labour application, that was approved but the labour has been used for another employee?
I think not as from your answer it appears , labour & i-140 must have been approved for the same person, just wanted to get it clarified.
Thanks.
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vishwak
08-10 07:54 AM
alright..I came back without any problem.
Thats it.
Good to hear, Hope your parents are fine too.
Did you get your GC now?? All the best and thanks for sharing your experience at Dulles.
Thats it.
Good to hear, Hope your parents are fine too.
Did you get your GC now?? All the best and thanks for sharing your experience at Dulles.
praveenuppaluri
02-21 08:02 PM
nmdial and sac-r-ten
thanks for your responses. I am going forward with "do not apply" option for now.
thanks for your responses. I am going forward with "do not apply" option for now.
ksam75
01-08 03:19 PM
Hi Gurus,
I have 2 pending I485's at Nebraska. I got EAD and AP from the first set, but nothing from the second set except the receipt notice. I'm traveling to India on my first set AP. Will I run into any problems at the port of entry since I have 2 sets of I485's pending? Any thoughts will be appreciated. Thank you.
I have 2 pending I485's at Nebraska. I got EAD and AP from the first set, but nothing from the second set except the receipt notice. I'm traveling to India on my first set AP. Will I run into any problems at the port of entry since I have 2 sets of I485's pending? Any thoughts will be appreciated. Thank you.
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