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  1. M

    Help for RFE (W-2 Less than LC)

    Edison, You are right ....but the reason they ask for your past docs ( like W2's ) is to confirm whether you were OK status wise or not ....lets say someone was on beach for say 9 months out of the whole year ....then the W2 will reflect that and they might get suspicious ....What U did in...
  2. M

    EAD renewel question

    dsatish, 1> Good to apply 2 months in advance. When I applied for my renewal .. I applied just 5 days before the expiration date !!! But I advise you not to do this as I was sloppy and forgot to file till the last minute ... 2> Do not waste money on Lawyer for something like this. I...
  3. M

    what are my rights?

    Jan485, When I said BCIS office ... I meant the regional office in Vermont ...not the local office ...the decision making takes place at the regional office ...the local offices are responsible for completing the stamping procedures .... However ...local offices can make decsions on cases...
  4. M

    what are my rights?

    davli024, I am glad you liked the idea ...since no one does something like this ... I am not sure whom to meet and what papers to take .. A good guess about the person to meet would be an immigration officer .. now I am not sure whether BCIS will entertain such a request on phone ....just...
  5. M

    what are my rights?

    davli024, I don;t think your lawyer can do anything about this ...BUT ....there IS something that you could do ( which not many people have done before ) ... GO TO YOUR ( LOOKS LIKE VERMONT ) BCIS OFFICE !!!!!! Sounds wierd ...but if you take an appointment and go there personally...
  6. M

    Critical Question

    I agree with therealCanadian ..actually .. I have seen many many posts from people who are unsure about their status once they file for I-485 .... Before a co. files for a person;s I-485 ...the person is on H1-B visa status .....once the I-485 filing is done and the person recieves the EAD...
  7. M

    I485/vacation/H1

    Oracle_75, Technically ....according to the law ...there is nothing like "bench" period for an H1-B worker .. an H1-B worker has to be paid continuosly as long as he/she is in this country to be in valid status ...in fact ...there is technically nothing like "vacation" either ....the...
  8. M

    Section 245(i), too late now ????

    TheRealCanadian, You mentioned in your previous post :- "take a look at the INA itself" ... Pardon my ignorance ...but can you tell me what is "INA" ? I am not sure where to look for this .... Maxx.
  9. M

    Section 245(i), too late now ????

    Thanx once again for the neat explanation ....it really helped me .... Regards, Maxx.
  10. M

    Section 245(i), too late now ????

    TherealCanadian, Thank you very much for the reply. It was priceless for me ..indeed a HUGE load off my back ..... The case was EB3/NY/IND ..labor was filed in Oct. 99 ...All the cases became current in June '2001 ....hence I am not sure whether the Priority Date WAS before April 2001...
  11. M

    Section 245(i), too late now ????

    Is the form 245(i) still valid ? Suppose a person was out of status at some point in his/her stay and missed the April 2001 deadline for filing the form ...AND BCIS finds this out and makes a strong case to deny his/her GC at the final stage ...can the person redeem himself/herself by filing...
  12. M

    An important H1-B validity question

    Folks, Here;s what happened ... I joined Co. A in March '99 ( my visa with A was valid till 11/1/2001). I left A and joined B in Dec '2000 ( by transferring the visa). Now B closed down and I lost my job on Feb 8 th. 2001. Neither A nor B had yet cancelled my H1-B. A re-hired me back...
  13. M

    An important question before submitting RFE

    I guess it doesn;t really matter whether it's me / him ..... Sure he has internet access ..it's just that I subscribe to this forum and thought I will drop in a question on his behalf ..no big deal ... So it all really boils down to this question ....what is the amount of time one can be...
  14. M

    An important question before submitting RFE

    A guy I know of got an RFE asking for 3 things :- 1> Emp. Letter. 2> W2 's for three years. 3> Last 6 paystubs Looks like a lot of people are getting RFE's like these ... But his case has a lill twist ... He joined the current sponsoring co. ( Company A ) in June '99...
  15. M

    RFE issued 12/26/01 RD, 1/11/02 ND

    Folks, RFE was issued for my case. RFE details :- 1> Original employment letter. 2> Last 6 pay stubs. 3> W2's for the past three years. My case details :- RD :- 12/26/2001 ND :- 11/1/2002. EB3/NY/IND. EAC020835****
  16. M

    why salary needs to be >= LC salary for AC21?

    Abhi123, I agree with Ur. view ....I understand that the AC-21 was introduced to give some relief to the applicant. If BCIS takes say 5 years ...of course no one expects the applicant to sit tight ....move on to other jobs ... You mentioned that AC-21 is on the side of the...
  17. M

    why salary needs to be >= LC salary for AC21?

    Abhi123, The reason why the BCIS would prefer one having the salary >= LC Salary while changing jobs is very straightforward ... The whole purpose of the LC is to try and locate a US citizen who has :- 1> The necessary skills the job 2> Can work for that pay ... Most LC's get...
  18. M

    H1 expired ...do I need to get hired on my EAD ?

    Folks, My H1-B expired this April and I haven't asked my employer to hir e me on my EAD ( I applied for 485 back in Dec' 2001 ) ...I didn;t extend it as anyway 6 years are over on my H1 and also ...my GC is around the corner ...and technically ...my status is adjustment of status pending...
  19. M

    change of employer - portability

    mt68, According the new law ....it is perfectly OK to leave Ur. current employer and join another job as long as the job profile is the same and the compensation is similar ....some people contend that as long as Ur. new salary is above that mentioned in ur. LC ... U should be fine but to...
  20. M

    Is a GC worth the trouble ?

    Folks, Thanx for all the responses to my post. All of 'em were very thoughtful and different points of views were splashed across the board. Most of the people explained in detail the benefits of having a GC ( which I ..like many others am fully aware of ) ..more important ones...
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