kaisersose
07-20 04:01 PM
As per the rules - I don't think you can use AC21 to work for a company if you are it's member. Also all is fine as long as your I-485 application does not get scrutinized by USCIS as they will ask for all your tax documents which will show another source of income which I believe will make your I-485 application ineligible for AOS. I would suggest you consult an attorney for this issue. I am 100% sure the process for starting a new company is no big deal.
Multiple sources of income are not a problem when you are using your EAD.
But if you invoked Ac21 to work in your own company or a close relative's, then that may be asking for trouble.
This unprecedented window for filing 480 has triggered off Ac21 dreams in almost every applicant. But if you look at it closely, it does not give one much room to maneuver. The benefits will only be marginal. The real benefits of 485 are available to
1. Spouses who can and will work as that will significantly boost household income.
2. People who may get laid off during 485 will not run into a wall due to AC21
Multiple sources of income are not a problem when you are using your EAD.
But if you invoked Ac21 to work in your own company or a close relative's, then that may be asking for trouble.
This unprecedented window for filing 480 has triggered off Ac21 dreams in almost every applicant. But if you look at it closely, it does not give one much room to maneuver. The benefits will only be marginal. The real benefits of 485 are available to
1. Spouses who can and will work as that will significantly boost household income.
2. People who may get laid off during 485 will not run into a wall due to AC21
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pappu
01-08 10:24 AM
Has been approved or still in the making?
---Not yet...they might be still in discussion phase..
Lets Keep fingures crossed..:)
It is in discussions and we had discussed this in our meetings with Administration officials last year. There seems to be positive feedback to this. The letter campaign should help make it happen sooner than later.
---Not yet...they might be still in discussion phase..
Lets Keep fingures crossed..:)
It is in discussions and we had discussed this in our meetings with Administration officials last year. There seems to be positive feedback to this. The letter campaign should help make it happen sooner than later.
ameryki
05-31 03:03 PM
No.
sorry for all the questions. My EAD/ AP was filed on Aug 1st using the new fees $340 +. I am close to 120 days of ead expiration. Can I efile? Will I need to pay again or is it free renewals with the new fee? When I efile will it ask me to pay the fees?
sorry for all the questions. My EAD/ AP was filed on Aug 1st using the new fees $340 +. I am close to 120 days of ead expiration. Can I efile? Will I need to pay again or is it free renewals with the new fee? When I efile will it ask me to pay the fees?
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krishmunn
07-28 12:57 PM
The employer cannot ask you to pay for any part of the PERM process. You can't reimburse, pay directly, get a deduction from salary, or repay in any way. Apart from the PERM, you can pay for the rest.
I think that is only applicable if the PERM started after July 2007. For cases where PERM was filed before July 2007 (i.e. before the law change), it is upto Employee and Employer to decide who pays how much.
It looks like in case of OP it was started before July 2007
I think that is only applicable if the PERM started after July 2007. For cases where PERM was filed before July 2007 (i.e. before the law change), it is upto Employee and Employer to decide who pays how much.
It looks like in case of OP it was started before July 2007
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rheoretro
08-21 04:52 PM
I am not sure you understand the big picture, my friend...perhaps you are in the habit of reading selectively!
Business HIRES you for your skills, but the country LETS YOU IN as a permanent resident not only for your skills! Mind you, your company doesn't grant you the right to stay here in this country. The government grants you the right. THE US also has to consider how many people it is letting in from your country. As I understand it, Congress (yes, they still make the laws, not the board of directors of your company, which I am sure must lobby, but doesnt't quite get to enact legislation in Congress) wants to keep a balance of immigration from a wide spectrum of countries.
Business may sponsor you for a green card, but it doesn't LET YOU In to the country. The nation has designated the USCIS to do that and the USCIS does based on the laws that Congress makes. What part of this ain't clear to ya?
Have a drink or something, and then chew on that one! Cheers!
Your question and your answer, which I tend to agree with:D
Business HIRES you for your skills, but the country LETS YOU IN as a permanent resident not only for your skills! Mind you, your company doesn't grant you the right to stay here in this country. The government grants you the right. THE US also has to consider how many people it is letting in from your country. As I understand it, Congress (yes, they still make the laws, not the board of directors of your company, which I am sure must lobby, but doesnt't quite get to enact legislation in Congress) wants to keep a balance of immigration from a wide spectrum of countries.
Business may sponsor you for a green card, but it doesn't LET YOU In to the country. The nation has designated the USCIS to do that and the USCIS does based on the laws that Congress makes. What part of this ain't clear to ya?
Have a drink or something, and then chew on that one! Cheers!
Your question and your answer, which I tend to agree with:D
snathan
09-21 12:55 AM
What desi3933 said above seems to reverberate a lot whenever this question comes up. But I have not found an official statement/legislation number referenced by anyone yet. The limited time I spent trying to search for it did not yield anything.
Does anyone have the legislation?
What I do not understand is, when one is allowed to have two different H1s and be working for both the petitioning employers while maintaining each of them, why can't someone work a different job (using EAD for I9 form) while he/she still maintains their full time position with the H1 petitioning employer? As far as I know, the restriction on a H1 is that the beneficiary should use it to work for the petitioning employer only; that it can't be used for any other work.
I know a lot of attorneys also seem to say that "if you use EAD, you lose your H1".
And a lot of attorneys say that it is a grey area.
Are you sure one can work for more than one employer in H1. Assume that I am working for company A in full time and I have another H1 for company B. Now if I get any part time work like 10-12 hrs work per week for company B/B's client, Can I work without any issues? Is there any restriction for number of hrs or anything else...if you have any link please provide the source...
Thanks.
Does anyone have the legislation?
What I do not understand is, when one is allowed to have two different H1s and be working for both the petitioning employers while maintaining each of them, why can't someone work a different job (using EAD for I9 form) while he/she still maintains their full time position with the H1 petitioning employer? As far as I know, the restriction on a H1 is that the beneficiary should use it to work for the petitioning employer only; that it can't be used for any other work.
I know a lot of attorneys also seem to say that "if you use EAD, you lose your H1".
And a lot of attorneys say that it is a grey area.
Are you sure one can work for more than one employer in H1. Assume that I am working for company A in full time and I have another H1 for company B. Now if I get any part time work like 10-12 hrs work per week for company B/B's client, Can I work without any issues? Is there any restriction for number of hrs or anything else...if you have any link please provide the source...
Thanks.
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karanp25
05-21 10:48 PM
Pandu: Did u see LUD/update on your I-485 after filing AC-21/G-28 docs?
I also filed G28 and AC21 with my attorney 2 weeks back and there is no update/LUD. I called USCIS yesterday to know if they have updated information for my attorney. First time they replied they personal details they only can provide at local offices and not on phone.
They also mentioned that G28 does not have any return receipts, it needs to be sent through registered post/courier. Although, my attorney mentioned to me that we will receive a confirmation for ac21 which normally takes weeks!!!
I also filed G28 and AC21 with my attorney 2 weeks back and there is no update/LUD. I called USCIS yesterday to know if they have updated information for my attorney. First time they replied they personal details they only can provide at local offices and not on phone.
They also mentioned that G28 does not have any return receipts, it needs to be sent through registered post/courier. Although, my attorney mentioned to me that we will receive a confirmation for ac21 which normally takes weeks!!!
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immi_2006
03-04 09:22 AM
Hi immi_2006,
Thanks for reply, If you dont mind can you give us more details on how the interview went, like what did VO ask in H4 interview and Trivalley interview.It will be very helpful for all in similar situation.am planning to go for stamping too.
Thanks
My SIL had the same complicated case and had the ditto experience as mentioned by indigo10 at Hyderbad consulate
Thanks for reply, If you dont mind can you give us more details on how the interview went, like what did VO ask in H4 interview and Trivalley interview.It will be very helpful for all in similar situation.am planning to go for stamping too.
Thanks
My SIL had the same complicated case and had the ditto experience as mentioned by indigo10 at Hyderbad consulate
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lskreddy
05-08 12:16 PM
Hey folks,
If the terminology is the following, this almost seems like an open check. Can any of you suggest what steps to take to protect?
If the consultant decides to leave b4 the contract finishes, he/she is liable to pay: applicable GC fees, cost of finding a replacement consultant, and any other damages and/or legal fees and costs incurred by the Company in connection with the Employee�s early termination of his assignment or early termination of his tenure with the Company.
Thanks,
Indra
If the terminology is the following, this almost seems like an open check. Can any of you suggest what steps to take to protect?
If the consultant decides to leave b4 the contract finishes, he/she is liable to pay: applicable GC fees, cost of finding a replacement consultant, and any other damages and/or legal fees and costs incurred by the Company in connection with the Employee�s early termination of his assignment or early termination of his tenure with the Company.
Thanks,
Indra
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immidude
07-19 10:43 AM
I see in IV web site we need to make checks payable to
'United States Citizenship and Immigration Service'
but i got diffrent info from my employer that i need to make it payble to
Department of Home land security
which one is correct?
'United States Citizenship and Immigration Service'
but i got diffrent info from my employer that i need to make it payble to
Department of Home land security
which one is correct?
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cygent
06-25 08:38 PM
We have lot of things to do on our side too before whining at someone.
I think we have introspected enough to whine IMHO. How is this fair for folks in BEC for 4-5 yrs., then apply 140 > 1yr. back & are on their 9-10 yr H1B? you think they wouldn't want to use AC21? C'mon man think straight.
Whereas newbies who applied PERM earlier this year, are free birds when they apply 140 in PP. This is gross injustice any way you slice it.
Furthermore, anyone on 6th year will now happily apply for PERM now this regulation is out & effective!! & will be laughing all the way to the bank at his luck.
I think we have introspected enough to whine IMHO. How is this fair for folks in BEC for 4-5 yrs., then apply 140 > 1yr. back & are on their 9-10 yr H1B? you think they wouldn't want to use AC21? C'mon man think straight.
Whereas newbies who applied PERM earlier this year, are free birds when they apply 140 in PP. This is gross injustice any way you slice it.
Furthermore, anyone on 6th year will now happily apply for PERM now this regulation is out & effective!! & will be laughing all the way to the bank at his luck.
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gcwait2007
02-29 10:52 AM
One does not need to have I-140 receipt number or approval copy as such. But definitely he is required to know the I-140 receipt number and he can show the CRIS approval information as part of the records.
One needs to know DOL job classification code, Job title, Job description and salary offered as approved PERM labor certification based on which his I-140 has been applied by his GC sponsoring employer.
Please engage a new attorney using form G-28 who inturn will take care of AC21, which has been advised as the best strategy by Murthy.
One needs to know DOL job classification code, Job title, Job description and salary offered as approved PERM labor certification based on which his I-140 has been applied by his GC sponsoring employer.
Please engage a new attorney using form G-28 who inturn will take care of AC21, which has been advised as the best strategy by Murthy.
more...
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bcrawl
05-20 06:19 PM
Hi,
I received my permanent green card based on marriage to US citizen, valid for 10 years last month. Now, I am planning to travel to India after close to 9 years, but I am extremely concerned about returning point of entry issues and I wanted to see what would the community suggest.
I came to the US in Fall of 2002 on a student visa. Around aug - 06, I went out of status. Right around then I met my future wife who is an american citizen, we moved in dec of 06 and got married in Jun 07. Due to financial hardship, we couldnt apply for my AOS/GC up untill late Oct last year. [Oct - 2010]. We hired a lawyer and every thing went pretty smoothly and fast.
I had my EAD approved within 45 days and I got my GC interview after a month. We [me, wife, lawyer] went to the meeting and everything went great. Our interviewing officer just took 20 mins to question us and we received my Permanent GC [not conditional] in the mail shortly there after.
Now I am planning a visit back home for one week, because I couldn't get more days off.
I am just worried about my return step to US at the port of entry. I have been reading and I learnt that I just have to present my country passport and physical green card to the officer who will then scan and ask questions.
What kind of questions can I expect from the officer?
Will he be asking me questions about my past as in when was the last time I came to US?
Why I was illegal/out of status of close to 4 years and questions about our marraige etc?
When applying for GC we collected lot of documents to provide to the USCIS that our marriage was in good faith such as joint bank accounts, pictures, leases etc. Should I take all those documents with me when flying?
Will taking a certified copy of my marraige certificate beneficial along with the supporting documents?
It feels like another "meeting" with USCIS where I have to show proof but I am really concerned that I dont get denied at the port of entry.
Also, after I got my EAD, I moved to another state to work on a contract position for couple of months. I consider my actual address as the address I applied my GC which is in another state, since this is just temporary job. I already mentioned this to the officer at my interview and he noted my current location/job title etc during that time....should I do something about it?
Sorry about such a long list of questions. Its just that I havent travelled out of country in such as long time and I dont know what issues I could face and what I need to carry with me so that I can be allowed back into the country upon return?
Thanks.
I received my permanent green card based on marriage to US citizen, valid for 10 years last month. Now, I am planning to travel to India after close to 9 years, but I am extremely concerned about returning point of entry issues and I wanted to see what would the community suggest.
I came to the US in Fall of 2002 on a student visa. Around aug - 06, I went out of status. Right around then I met my future wife who is an american citizen, we moved in dec of 06 and got married in Jun 07. Due to financial hardship, we couldnt apply for my AOS/GC up untill late Oct last year. [Oct - 2010]. We hired a lawyer and every thing went pretty smoothly and fast.
I had my EAD approved within 45 days and I got my GC interview after a month. We [me, wife, lawyer] went to the meeting and everything went great. Our interviewing officer just took 20 mins to question us and we received my Permanent GC [not conditional] in the mail shortly there after.
Now I am planning a visit back home for one week, because I couldn't get more days off.
I am just worried about my return step to US at the port of entry. I have been reading and I learnt that I just have to present my country passport and physical green card to the officer who will then scan and ask questions.
What kind of questions can I expect from the officer?
Will he be asking me questions about my past as in when was the last time I came to US?
Why I was illegal/out of status of close to 4 years and questions about our marraige etc?
When applying for GC we collected lot of documents to provide to the USCIS that our marriage was in good faith such as joint bank accounts, pictures, leases etc. Should I take all those documents with me when flying?
Will taking a certified copy of my marraige certificate beneficial along with the supporting documents?
It feels like another "meeting" with USCIS where I have to show proof but I am really concerned that I dont get denied at the port of entry.
Also, after I got my EAD, I moved to another state to work on a contract position for couple of months. I consider my actual address as the address I applied my GC which is in another state, since this is just temporary job. I already mentioned this to the officer at my interview and he noted my current location/job title etc during that time....should I do something about it?
Sorry about such a long list of questions. Its just that I havent travelled out of country in such as long time and I dont know what issues I could face and what I need to carry with me so that I can be allowed back into the country upon return?
Thanks.
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perm2gc
09-29 10:51 AM
Hi Perm2gc,
if you have or know about any experience please share...thanks I didnot come across any issue with your scenario but one of my friend was denied 7th year extension based on his 3yrs degree+1yr diploma.
if you have or know about any experience please share...thanks I didnot come across any issue with your scenario but one of my friend was denied 7th year extension based on his 3yrs degree+1yr diploma.
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sathishkrish
07-02 04:03 PM
Hi all,
Really surprised but pleased to say our green card got approved today !
Details �
PD � Oct 2001
485 RD � Mar 2004
EB3 - India
We had seen worst of the GC process:
labor got remanded back to state then send back to DOL again and got approve.
FBI name check stuck for around 2 years,
485 filling during pregnancy,
Fingerprinting notice sent wrong address,
2 RFEs for 485 (one for TB test one to get current employment letter)
and finally retrogression!
I was hopeful when the dates became current that this will be all over soon but logged in today on immigration voice and got the shocking news about visa number for EB are now unavailable. Thought that we were unlucky again.
But then checked the status online on USCIS and there it was following message �
�Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On July 2, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.�
Having gone through the worst, I will always support IV and their effort to get justice to all of you. I pray for all of you to get GCs soon.
Thanks for everybody who had responded to my questions.
Thanks IV for the leadership and this forum.
Does it mean that the numbers were available today? If so, How can they not accept 485 applications?
Really surprised but pleased to say our green card got approved today !
Details �
PD � Oct 2001
485 RD � Mar 2004
EB3 - India
We had seen worst of the GC process:
labor got remanded back to state then send back to DOL again and got approve.
FBI name check stuck for around 2 years,
485 filling during pregnancy,
Fingerprinting notice sent wrong address,
2 RFEs for 485 (one for TB test one to get current employment letter)
and finally retrogression!
I was hopeful when the dates became current that this will be all over soon but logged in today on immigration voice and got the shocking news about visa number for EB are now unavailable. Thought that we were unlucky again.
But then checked the status online on USCIS and there it was following message �
�Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On July 2, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.�
Having gone through the worst, I will always support IV and their effort to get justice to all of you. I pray for all of you to get GCs soon.
Thanks for everybody who had responded to my questions.
Thanks IV for the leadership and this forum.
Does it mean that the numbers were available today? If so, How can they not accept 485 applications?
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SandeR2
04-22 04:53 AM
omg how the hell could i miss that big title in the top-middle of the page..
*shun*
Although this topic wasn't really officially closed :P
*shun*
Although this topic wasn't really officially closed :P
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brij523
12-22 07:07 PM
nivedit tyagi - i have pm'ed my phone no. to you. did you get it?
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myimmiv
07-14 06:49 PM
I am just reluctant to let go of my EAD. However, my driver license is expiring 5 months before the new EAD expiry and hence debating on whether to send it or not. If not then I am not sure if DMV will renew it past EAD renewal date.
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bitu72
10-19 10:54 PM
Most likely the second perm will be denied automatically. However this will not affect your already approved perm & I140.
I tried to do the same thing, but it was denied the same day. According to the regulation - this would be allowed - but the perm software is not working this way. The lawyers should know about this - I guess - mine did not know.
However - it looks like the perm software will be changed - so it will not deny automatically, at least this was on Matthew Oh's web site:
from http://www.immigration-law.com/
09/23/2006: DOL Policy on Multiple PERM Applications by Same Employer for Same Employee
The current policy is that when the same employer files a second PERM application for the same employee when there is a prior PERM application filed by the same employer for the same employee which is still pending or approved, National Processing Centers automatically deny the second PERM application. DOl intends to change this practice, but until such change is materialized, the DOL will continue its current policy not allowing more than one PERM application certifications for the same employer and same employee in the following manner:
If the employer has already obtained certification of one PERM application and filed a second PERM application, the National Processing Center will continuously deny the second application. Once the second PERM application is denied such, the employer can file a motion to reconsider the denial, but such motion will not be considered unless the employer first files the requiest to withdraw the first certified PERM application and surrender the "original" certified PERM application form, ETA 9089. If the employer has already filed I-140 petition based on the first certified PERM application, since the employer no longer possesses the "original" certified ETA 9089, the withdrawal of the first certified application may be undertaken in order to save the second PERM application vis a motion to reconsider by submitting proof of the employer's withdrawal of pending or approved I-140 petition. Otherwise, the second PERM application will be denied.
If the employer has already obtained certification of one PERM application,but wants to file a second PERM application, the employer is required to withdraw the certified first application and surrender the original certified ETA 9089 before the employer can file the second PERM application. Otherwise, the second PERM application will be denied.
If the employer has filed a PERM application which is still pending, and if the employer wants to file a second PERM application, the employer must file a request for withdrawal before filing a second PERM application. Otherwise, the second application will be denied.
The foregoing policy has no effect on the certified PERM applications whatsoever as the certified labor certification application can not be invalidated unless there was a fraud. The foregoing policy is related to the second PERM application which has yet to be filed or certified. Accordingly, the first application which is either pending or certified will not be affected even if a second application is filed and denied.
The DOL is currently working on changes in the software logic to launch as early as October 2006 which will change the current practice and policy. Under the new system, the machine will not automatically deny the second application. Once the machine detects the multiple filings by the same employer for the same employer, the analysts will review the two applications comparing the two cases, and if necessary, will launch an audit to learn the reasons for second filing. Consequently, the employer will no longer see automatic denial of second application by the decision matrix once the new system is in place.
but what happens if you have a labor cleared from backlog and then it got stuck in I 140. Now you need a perm labor. will it get cancelled. Can it get tracked back to approved labor from BEC.
I tried to do the same thing, but it was denied the same day. According to the regulation - this would be allowed - but the perm software is not working this way. The lawyers should know about this - I guess - mine did not know.
However - it looks like the perm software will be changed - so it will not deny automatically, at least this was on Matthew Oh's web site:
from http://www.immigration-law.com/
09/23/2006: DOL Policy on Multiple PERM Applications by Same Employer for Same Employee
The current policy is that when the same employer files a second PERM application for the same employee when there is a prior PERM application filed by the same employer for the same employee which is still pending or approved, National Processing Centers automatically deny the second PERM application. DOl intends to change this practice, but until such change is materialized, the DOL will continue its current policy not allowing more than one PERM application certifications for the same employer and same employee in the following manner:
If the employer has already obtained certification of one PERM application and filed a second PERM application, the National Processing Center will continuously deny the second application. Once the second PERM application is denied such, the employer can file a motion to reconsider the denial, but such motion will not be considered unless the employer first files the requiest to withdraw the first certified PERM application and surrender the "original" certified PERM application form, ETA 9089. If the employer has already filed I-140 petition based on the first certified PERM application, since the employer no longer possesses the "original" certified ETA 9089, the withdrawal of the first certified application may be undertaken in order to save the second PERM application vis a motion to reconsider by submitting proof of the employer's withdrawal of pending or approved I-140 petition. Otherwise, the second PERM application will be denied.
If the employer has already obtained certification of one PERM application,but wants to file a second PERM application, the employer is required to withdraw the certified first application and surrender the original certified ETA 9089 before the employer can file the second PERM application. Otherwise, the second PERM application will be denied.
If the employer has filed a PERM application which is still pending, and if the employer wants to file a second PERM application, the employer must file a request for withdrawal before filing a second PERM application. Otherwise, the second application will be denied.
The foregoing policy has no effect on the certified PERM applications whatsoever as the certified labor certification application can not be invalidated unless there was a fraud. The foregoing policy is related to the second PERM application which has yet to be filed or certified. Accordingly, the first application which is either pending or certified will not be affected even if a second application is filed and denied.
The DOL is currently working on changes in the software logic to launch as early as October 2006 which will change the current practice and policy. Under the new system, the machine will not automatically deny the second application. Once the machine detects the multiple filings by the same employer for the same employer, the analysts will review the two applications comparing the two cases, and if necessary, will launch an audit to learn the reasons for second filing. Consequently, the employer will no longer see automatic denial of second application by the decision matrix once the new system is in place.
but what happens if you have a labor cleared from backlog and then it got stuck in I 140. Now you need a perm labor. will it get cancelled. Can it get tracked back to approved labor from BEC.
docp
03-16 11:29 AM
your employer may ask you to pay all the fees except for the $ 1500/750 anti fraud fees, only catch being, it should not lower your salary to below the prevailing wage, they definitely will ask you to pay the premium processing
ragz4u
04-25 09:53 AM
Whether it will be in the interests of USA to identify skills and folks who can bring maximum skills and capital and training to US and the answer is a vehement YES....I love these folks!
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