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  • frostrated
    06-21 01:55 PM
    By law: If you take Unemployment benefits => you have become public charge. If you become public charge => you broke AOS condition. Which requires you to be never be public charge. On top of that if you were still on H1b then that would have expired with you loosing your job. So that makes it a good case for removal proceedings if your case gets an audit (which is very likely).
    Lookup a similar thread(removal proceedings) in IV.
    Get legal help before making a decision like that.

    taking unemployment benefit is not public charge. while working, you pay into the unemployment. everytime you work, you and your employer pay for umemployment insurance which is managed by the US government. But to be eligible for umeployment insurance benefit, you have to be a legal permanent resident or a citizen.





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  • cdeneo
    03-26 10:01 PM
    Why would an entry on AP not apply here?

    also gap in employement when on AOS should not be a problem given GC is for future employment and as long as your employer can give an EVL when required with the necessary info. Right?

    Have you gone out of the country and came back to USA on H1B visa after that ?
    If so, you are safe. Status is checked from the last lawful entry into US ( entry using AP does not help).





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  • h_shaik
    08-08 04:18 PM
    You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...

    Can you direct me to the link you just mentioned for pay stub requirment for at least 180 days after filing AOS?

    I think the requirement is there should be a job offer at the time of filing of AOS. Here's an extract from a law firm:

    " If you are able to file the adjustment of status, there does need to be a valid job offer underlying the case at the time of the filing. You do not have to be working for the employer full time, but there does have to be a valid job offer for the position described in the labor certification".





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  • chanduv23
    08-08 08:52 PM
    I'll be there and will try to bring friends.

    U definitely and and will :)



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  • indyanguy
    04-20 03:09 PM
    I would be interested as well. Wife going for stamping in chennai in a week !! Anything I can do to prevent PIMS delay?





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  • buehler
    09-08 12:40 PM
    There is one way in which this service might be making money. Every time you make a call, your phone company has to give a small amount of money to the receiving party's phone company. Freecall2india might have an understanding with their telephone service provider to give them a portion of this money. There are plenty of companies that provide free conference call facilities and they use this business model and have been viable for quite a while.

    Given that a call to India is costlier than providing a conference call facility, will FreeCall2India make enough money from this business model? That is the million dollar question.



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  • wandmaker
    09-18 07:07 AM
    I paid the money to my company who has applied for my H1B.

    Even I have not yet received receipt number for the H1 application filed on 7-April-2009 by my employer in NJ USA. I was also given fedex tracking number for the application that was sent on 7-April-2009.

    I applied for H1B through a NJ based consultancy company for year 2010. I haven't got any receipt number though my employer claims to have fedexed my application on April 6th.

    ......had nicely and smartly enjoyed everyones money and are free without any problems. Now from last few weeks they are not even replying any emails or phone calls. This clearly indicates that it was very well planned fraud. They should really be sent to jail.

    3 x $3,500 = $10,500 is easy money! As long as there are people like you ready to pay for their H1Bs; these companies will continue make money out of you. First, You should stop paying them! Second, file a complaint with USCIS about this company!!





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  • gcwait2007
    07-23 12:28 AM
    For Labor substitution cases, is there premium processing for I-140? Earlier, USCIS announced that from 05/18/2007 to 07/16/2007, it was stopping premium processing for Labor substitution cases. Any change now?



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  • transpass
    07-16 11:42 AM
    Can any one tell what is written on Eb3 I 140. I am assuming it will be
    Sec 203 (b) (3)
    but is there any text associated?

    This is my understanding, when I look the 140 form...

    You can either look into 'Part2 (Petition Type)' what is applied for when you file, OR you can look 'Classification' under "FOR CIS USE ONLY', where the CIS officer will approve what you checked in 'Petition Type'...

    EB1--
    203(b) (1) (A) Alien of Extraordinary ability
    203 (b) (1) (B) Outstanding professor or researcher

    EB2---
    203(b) (2) Member of professions w/adv degree or exceptional ability

    EB3--
    203 (b) (3) (A) (i) Skilled worker
    203 (b) (3) (A) (ii) Professional

    Just My 2 Cents...





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  • sledge_hammer
    06-02 11:53 AM
    It is not illegal per se if your actual salary is less than that mentioned in LC. It is however detrimental to your GC case.

    I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.



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  • dhiru
    08-03 03:16 PM
    I have similar issue, I have applied for the EAD renewal on May 18th and received the notice on May 24th. My EAD is expiring on August 18th, and still have not heard back from USCIS. I have called the USCIS on July 26th and opened a service request, but it got rejected asking me to wait for 90 business days. What are my options ?

    a. Can I still keep working?
    b. Should I quit my job?
    c. Can I take unpaid vacation?

    Please help...

    Thnx.





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  • rsdang
    07-08 04:41 PM
    Spouse will have to be in relation for 3 years even after getting GC. Or else upon request, GC of the spouse can be revoked by USCIS.

    I asked my company immigration specialist and she said since its an EB GC - the three year stipulation is not valid... Thats for family based GC...

    You may want to ask a lawyer...

    Hope This helps.



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  • ziggy7bs
    03-19 12:17 PM
    I have already started procedure for filing a new PERM. Nothing will work the lawyer said. We have to file a new PERM.

    try your senator. I might work. they have special staff at uscis. i am going to try it and see if they can get uscis to accept I-140.





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  • bestia
    08-08 09:08 PM
    ...you can also consider getting married :) which will open up more options for you

    ... as well as closing down many other... ;)



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  • gc_maine2
    03-26 09:11 AM
    Does anyone have experience flying in Qatar airlines, My mother in law is planing to fly by Qatar airlines. Any info would be great.

    Thanks
    Sree





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  • logiclife
    03-18 02:21 PM
    H.R.133 : To amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens.
    Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (5)



    That law is unconstitutional. INA doesnt say that everyone born in United States is a citizen. Even the Constitution says that. To deny birth-right citizenship to anyone (children of legal or illegal residents) would require constitutional amendment.

    Constitutional amendment is not a joke. This bill is a rhetorical statement, not an intent to legislate it.



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  • go_guy123
    04-15 10:01 AM
    What were you doing for six months and you also co-operated with your employer. Along with your employer you should be thrown into jail. Because of you people only every one is in trouble. Yes, the DOL will and should take action against you also. By the way are you an anti-immigrant.

    You have created six threads with the same question and getting the same answer. Please use your brain.

    snathan, I also agree. This post doesn't sound genuine





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  • gbof
    04-08 03:00 PM
    Couple of related questions.

    1. Which method to use (paper or e-file) if you are filing for your EAD & AP for the first time ?

    2. Where to file, the Service center or Lock Box facility ?

    1). I just mailed (paper filing) I-765 for renewal of EAD. Reason: Last year, because of a tiny/immaterial mistake (in e-filing) my EAD was delayed to close to 120 days..

    2) As per filing instructions (feb,2010) I donot think you have any choice/option as to where to file.

    Make your own choice, good luck.





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  • sreedhar
    08-22 01:35 PM
    Hello Guys...,

    I applied My and My Spouse EAD on July 12, 2008 and Notice date July 15, 2008 and we both got our EADs approvals on Aug 08, 2008 and we did receieved 2 Years EADS on Aug 19, 2008. I am EB-3 I PD SEP-2004.

    -Sree





    eb3_nepa
    10-26 03:50 PM
    Can you talk in english please?

    A better option is to put me in touch with the guy that speaks "tech". English will not solve the problem;)

    Common IV members we are a community of Technical ppl, surely SOMEONE can come up with a solution to this problem?





    waitforgc1
    05-07 11:39 AM
    Me and my wife also have LUD on 04/23/2009. And my priority date is Nov 2004
    I think based on the information on other threads its usually normal nothing
    can be derived of that LUD.



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