الأربعاء، 15 يونيو 2011

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  • fshah
    07-13 10:20 AM
    Done




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  • alien2006
    08-08 08:21 AM
    Location: MA
    Job: Software Engineer-Developer

    Thanks for the reply.




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  • redViper
    04-28 08:44 AM
    cybergold




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  • purgan
    12-17 12:44 PM
    For folks who have waited that long, they should not keep them tethered to the empoyer or occupation. They could perhaps do its administratively...for instance, anyone with a GC petition pending longer than 5 years should be eligible for adjucation on the basis of EXISTING paperwork.

    A lot of folks- illegal immigrants especially- are pushing for administrative relief in the Obama Admn and we - legal immigrants- deserve atleast equal treatment.



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  • Dhundhun
    06-26 01:02 PM
    If you paper filed your EAD and have done finger printing recently that could be the reason for 485 LUD. Its my opinion after every finger printing there will be an LUD in 485

    No. FP for EAD is catagory 2, FP for I485 is catagory 3. I have not seen any LUD on I485 for getting FP for EAD.

    As suggested by "mittal_a" it should be due to AC21 or some other routine stuff.




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  • prabirmehta
    03-22 02:56 PM
    Actually the provisions in S 1932 (Sections 8001 and 8002) were dropped when the bill went to the House. The members who handled the fate of the immigration provisions in the house were Reps Conyers, Sessenbrenner and Lamars. It was argued that the Budget Reconciliation Bill (S 1932) should not include any immigration provisions as they should instead be included in future Comprehensive immigration reform. These sections which had already been passed by the Senate were dropped quietly by the 3 member panel in the final conference report. Given the rush to pass this bill among others, members of the Senate may not be aware that these provisions were dropped when they got to the house. While new legislation offers to increase the EB quotas, the provision to allow one to apply for I-485 (GC) and I-140 concurrently upon receiving Labor certification clearance even in the absence of a current visa number ( current priority date) is missing from the proposals, a key measure that would greatly alleviate the suffering of those who suffer from visa retrogression.

    Thanks for the information. I have sent a personal e-mail to Senator Chambliss following up on the phone conversating and requesting a meeting. I have also sent personal e-mails to my other representatives. I will call them on Friday.



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  • sts_seeker
    07-05 04:24 PM
    Hi All,
    My lawyer waited until the last minute and filed I-140/I-485 concurrently even when the PD was current in June07 for me. It a Labor Substitution case so should I file new I-140 before July 16th with a copy of ALC and write a note or they will take out I-140 from the file and only return the I485? I cut a seperate check for I140 while filing.
    please advice asap.
    Thanks
    sts_seeker




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  • bestia
    07-17 03:22 AM
    So it means that if I-140 petition is filed on my behalf, if I renew my non-immigrant visa, it would be denied?

    It COULD be denied or could be approved. The law is vague and consular officers have full right to approve or deny anything, they are not USCIS employees, and even US president can't order them.

    I have played DV lottery for many years (never won as you can guess). Embassy instructed that it is immigrant intent and we should have marked "yes". So, I marked "yes" - and got my B1 without any problem.



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  • dhirajgrover
    10-16 01:42 PM
    ..to both of you (AShkam and tnite)!!. It helps!




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  • pleaseadviseme
    09-22 06:45 PM
    Any advise would be great of help. Thank you so much guys.



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  • kramesh_babu
    09-10 12:04 AM
    No, to re-activate, all that is needed is a h1B extension or amendment petition. An I-94 would would come along with that and that would put you on H1B status again.

    Very true. That is exactly I did a month ago.




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  • sreeni.k
    07-23 12:50 PM
    Not sure what exactly your objective is but usually the severence package is pretty good with big employers- why get paranoid and loose all that money especially when it is something you worked hard to earn. For somebody with 6 years experiance it shouldnt be that difficult to find a job. I say be confident complete your job and go for new job. If your transfer of I485 gets denied what the heck you got H1B and if not homeland india with bunch of money you saved up :). Some times the question should be asked "is it worth it?"



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  • conundrum
    09-19 12:16 PM
    One of friend is in a similar boat. While she was on her F1 she worked without authorization and since then she changed her status from F1 to F2 and finally to H4. Her husbands GC was approved, but hers wasn't. So now the attorney has filed for appeal based on 245K, as he feels that since she has left and country and re-entered it on multiple occasions on a different statuses the immigration officer should only look for inconsistencies in her application only from the time of last legal entry. Does this approach make sense. So what is her status now?




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  • crazymish
    04-13 04:01 PM
    All: I applied for advance parole on Feb -9 , delivered Feb -11. I filed under new fees structure and hence I am exempt from fees. I clearly mentioned that in the letter. However, till date I have received no receipt. How should I handle this?

    Just as a follow up, The receipt notice arrives 30 days after the application; we got our receipt notice approximately 30-35 days after the application was received. Now we are awaiting to see if the Advance Parole is approved. Incidentally fingerprinting was also required and we had been to the ASC center for fingerprinting this past friday. The FP notice came after the AP package was received by USCIS. I believe they are running FP as a normal turn of events when applying for FP for most individuals if not all.



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  • sk.aggarwal
    06-01 08:42 AM
    This is true for most full time positions. I used to work for Wachovia and after merger with Wells Fargo they even withdrew approved I-140s, refused to file responses for perm audits and off course start new GC process. I left after working from them for 5 years. Idea is not to scare you, but just be careful. As someone adviced above, give you best shot in interviews and once you have an offer ask them to confirm in writing that they will process GC in EB2 immediately on joining. Dont join if they dont give you firm assurance. And once you join, start working on this process immediately.




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  • summitpointe
    04-09 04:09 PM
    :)



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  • gcisadawg
    06-25 11:05 PM
    Hi,

    I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.

    I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.

    My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.

    Can any one suggest me on this?



    Thanks
    h12gc

    Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.

    Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.

    Thanks!




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  • arnet
    02-26 04:10 PM
    H4 visa holder can pursue their studies in US but they cannot work while studying.

    he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.

    so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.

    My wife is completing 6 years on H1 visa in Sept 07. She is planning to join school which will isssue her I-20. The school starts in Aug07 and she need to go to India for 2 weeks in Nov 07.

    Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?

    Thanks




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  • vamsi_poondla
    09-10 10:45 AM
    All,
    I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.

    H1-B improvements:

    1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
    2) Remove lottery system of awarding visa. In stead use the following method:
    a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
    b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
    c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
    d. The application received is CP is assigned available visa as follows:
    i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
    ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
    iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
    3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
    a. New LCA is required every year and when consultant changes the client.
    b. New LCA must be based on the client�s job and experience requirement.
    c. H-1B applicant must be paid based on LCA.
    d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.

    Some are good ideas. Did you think of the administrative overhead? What is the need for the special clause? It is too restrictive.

    I think, in long run, increasing the cap, preventing the exploitation/ fraud, faster GC process are workable solutions. I sometimes hear that some companies bring L1B holders and place them as consultants ( a clear violation of L1 visa)..That is the area lawmakers should really drill more. L1 is clearly exploited, it is used like a virtual back door with no cap limits.




    Saralayar
    09-24 12:45 PM
    After 09/18 I got NUD almost everyday until today

    Now NUD = No Updates to Date ..... :o
    Good One.. :D




    iv4yarli
    12-18 12:31 PM
    Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.

    Thanks for your help...



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