Thursday, June 30, 2011

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  • sachya
    08-19 05:30 PM
    Thanks all for your responses.

    He got his passport with a stamped Visa y'day.

    The long wait has finally paid off.




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  • kondur_007
    08-11 08:58 PM
    Yes, it is possible to process your GC through company B while you are working for company A.

    1. You should have "good faith intention" to work for company B permanently once your GC is approved.
    2 Company B should have good faith intention to hire you permanently once GC is approved
    3. An RFE is likely during I 140 process and also during I 485. Company B should be able to respond to RFEs promptly and favorably. Also they may ask company B to show "ability to pay" for the new position and also the business necessity for the new position. These two RFEs are less likely if you are currently working for GC sponsoring employer at the time of I 140 or 485 adjudication (as that would be a defacto evidence that your position is needed and company can pay!).

    Also see my post in the following thread regarding changing employers after GC:

    http://immigrationvoice.org/forum/showthread.php?t=20515

    Good Luck.




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  • h1bjava
    03-13 05:11 PM
    Thank you hpandey for the clarification. If I apply H1B extension in premium processing in apr itself, I will know soon if it will go through or not. My plan is to apply H1B transfer immediately to a new employer in case of H1B extension denial from the current employer, as I will still have valid H1B for few more months till Sep 09.

    One more doubt I have is whether it will raise a red flag for USCIS, if I apply premium processing in apr 09 for extension from oct 1st 09 or will it be fine. Please let me know.




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  • sparuthi
    08-21 05:58 PM
    So guys just off the phone with a very decent IO at NSC . talked to her 30 mins, yes you are right 30 mins..which is unheard off..

    the questions that I asked were very simple

    Q1. Hello Maam, i would like to know the status of my I485
    A1. This is not the place to ask for status

    Q2: But, Maam, I wanted to know where my case stands as people with PDs and RDs later than mine (mine is March 2006 and July 26 2007) are being adjudicated
    A2: Well, we cannot disclose anybody else's case, but each case is different, so we dont know

    Q3: Okay, but can u tell me if my namecheck has been cleared (although i checked a week back and another IO told me it was cleared)
    A3: No, for privacy purposes we cannot disclose this info

    Q4: Okay then can you tell me why there was a LUD on my approved I40 on 7/13. (guess there were lots of us who had this)
    A4: Yes, I can tell you that, what is your Receipt number

    Q5. Here is my recpt number
    A5: Okay it looks like your I140 was filed at Texas and they sent the file over to us. we consolidated that with your I485

    Q6: Does that mean that my case is being worked upon
    A6: No it does not mean that. This step is one of many many steps that are required for 485 processing. so this will not tell you anything

    Q7: Is my case assigned to a IO
    A7: No we cannot give this info, and even if you have this info, it is useless info as the center is going towards Backlog.

    Q8: Then what is the meaning of processing dates as issued by USCIS
    A8: They dont mean much,. they are just a gestimation of where things stand, and as off now the centers are facing backlog. there is lot of restructuring going on within the centers. The place to check is on the website., any change will be reflected there and it is upto date.

    This was the gist of my call with the IO today.. w

    What is the bottom line?

    Sit tight and things will move only when USCIS wants.. nothing will happen otherwise..

    so guys good luck to all of us.....


    cheers



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  • waiting4gc02
    10-12 02:32 PM
    Guys:
    I know this has been asked gazillion times but jsut wanted to make sure I got it right.

    On uscis website for my I-485 it says " On June 9th we recieved you application and ........so forth.
    The date when this is done is June 13th as seen on the LUD.


    So my understanding is that my 6 months period for me to knick in the AC21 rule would be Dec'9th.

    Is this correct ??

    Thanks
    PD: Feb'02/EB-3/INDIA




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  • WithoutGCAmigo
    07-12 11:55 AM
    /\/\/\/\



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  • eb2_immigrant
    08-01 05:30 PM
    I called USCIS to check the status of my pending I-485,PD-Dec2005. I was told they are processing applications with ND in July . My RD-2 July 2007 ,ND -28 Aug 2007.
    Since there was no email or online update about my approved AP,I-131, I asked rep to check the status out of curiosity, I was told that case is still pending and they are processing April 2008 applications.

    Here is the weird part; I received my approved AP 4 days back. How did that happen ????:eek::eek::eek: I donno.
    I know the online status is out of sync. My questions -Is this something I need worry about and call USICS to let them know that I have already received approved AP. I donno what�s going on with my other applications. Should I just wait to see the results in the mail and not rely on online status??
    Gurus and thopes pls help




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  • ckpas
    09-23 03:19 PM
    Need some help/advice on PERM LC issue:

    My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),

    On may'09 got a query saying "Discrepency in Alien education and experience".
    Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.

    my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"

    Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."

    thanks in advance, appreciate comments

    UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.



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  • PDOCT05
    07-23 01:04 PM
    I am from Des Moines,IA. I am a member since July'2007.




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  • h1-b forever
    04-14 02:30 PM
    I am currently on H1B, and my current company is not willing to sponsor me for GC. I am in my 5th year. I have found another company who has agreed to hire me and start my gc process, however, I am in a fix. This new offer is in CA and I am currently in NJ (+ my family)

    I don't want to take this option unless it is absolutely necessary. My spouse, has the I-140 approved and not yet filed I-485. PD is Jan 04, EB3.

    What are my options?



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  • purgan
    12-20 04:38 PM
    good job, pribh das. keep it up!




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  • sgupta33
    01-29 01:53 PM
    AC 21 allows a job change after 180 days pending of I-485. Will that allow a job change for a similar job position that is employed by a US company but work internationally (i.e. not working in the US)?

    Thanks!

    My understading is that you can not work internationally. This information is based on one of the attorney conference calls IV organized a few months ago.

    On another note, please contribute to IV's letter campaign - this is one way of helping yourself and increasing your options! It only takes a few minutes - sign your name to one of IV's template letters and stick a stamp on an envelope.

    Thanks.



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  • senk1s
    09-18 09:34 PM
    on ead you may work for (and get paid by) anybody




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  • tg999
    07-19 04:11 PM
    Even i have the same problem. I filed my I485 on July 2nd. I have a another labour from different company. I want to use the new labour. My current employer with whom i have my new labour told me to put stop payment on the 485 checks given to USICS so that they will send the 485 application packet back. I am not sure whether we can do
    a stop payment to USICS. Spoke to couple of employers and heard that they usually do that for H1B(stop payment). Please adivse.



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  • GCeffect
    11-13 09:26 PM
    in case he application is denied, will there be any time mentioned in the denied form or not? thanks for your input

    Go ahead and apply, as long as you get the receipt before expiry date on her I-94, you should be fine. You will have to be ready for her return to India ASAP if her extension petition is denied, as she might start incurring illegal stay, which might create hindrance for her next visit or her next VISA application.

    It would be a good idea to state about her anticipated visit to other states etc. instead of other reason.

    It is likely that she might get RFE, but it should all be answerable.
    HTH
    we_r_d_world




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  • CHHAYA
    01-15 08:14 AM
    It took 8 months for the paper work,running ads etc.
    It was filed on Nov 9th and my HR got approval on Jan 5th.

    EB3 and EB2 from same Company.

    Do you have 3 years bachelors Or 4 years Bachelors + MS? I have 3 years bachelors and 8 years of experience with same employer and 15+ years experience in same field. Am I eligible to port from Eb3 to Eb2? How much is cost invloved approx?

    Appreciate any response.



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  • Blog Feeds
    09-24 03:20 AM
    Most Immigration Lawyers that care for their work are tired of Mr. Dobbs. Mr. Leopold from AILA posted a valid statement about Dobbs' campagin of Hate:

    CNN has a journalistic obligation to dump Lou Dobbs and his campaign of hate against immigrants.

    It is unthinkable that a major network would permit someone to build a career based on fear and hatred of human beings. Why the double standard when it comes to immigrants?

    As Janet Murguia, the President and CEO of the National Council of La Raza pointed out yesterday in her Huffington Post blog, http://bit.ly/Mk0ez, Dobbs disgarded any sense of journalistic objectivity or integrity (assuming he had any to begin with) when he openly participated in an anti-immigrant rally in Washington, DC sponsored by the Federation for American Immigration Reform (FAIR), an organization designated by the Southern Poverty Law Center (SPLC) as a hate group. According to SPLC:

    � FAIR was founded by John Tanton, who also operates a racist publishing company and has compared immigrants to "bacteria."

    � FAIR has employed members of white supremacist groups in key positions.

    � FAIR has promoted racist conspiracy theories.

    � FAIR has accepted more than $1 million from the Pioneer Fund, a foundation devoted to eugenics and to proving a connection between race and IQ.

    � FAIR president Dan Stein once suggested that Asians and Hispanics were engaged in "competitive breeding."

    Of course Dobbs� recent display of hate mongering is just his most recent in a long line of abuse including, as Murguia points out in her blog,

    � His regular use of guests representing hate groups, vigilantes, and nativists as experts on immigration

    � His relentless repetition of stories on immigrants and crime that project an impression far from reality

    � His association of immigrants as carriers of disease that has been both inaccurate and pejorative

    Enough is enough.

    If CNN is serious about responsible broadcast journalism it must put an end to Lou Dobbs' hateful tirade once and for all.




    More... (http://www.visalawyerblog.com/2009/09/cnn_must_dump_lou_dobbs_now.html)




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  • rohiral
    04-28 08:47 AM
    Hey there

    I have been trying to access the donor forums post a paypal donation and I cant access them. Is there a wait period or an activation that needs to occur?




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  • sri1309
    10-23 07:31 PM
    From this link it's sure Obama is going to get CIR taken care of.All those undocumented workers ,who he is so sweetly saying should get into the the end of the line after paying fine ,now will they effect our long queues in anyway?(like the amnesty people did to EB3 in 2000)
    He is not talking about GC's ,though he did skirt around H1B. I'm not able to figure out if this article holds any good new for us .

    Would be nice to read others opinions on this.

    Thank you.

    I feel he will not ignore legal immigrants. There will be action for sure, as it appears. We should take this as positive when he says +ve about H1B. If he said something bad, then thats bad also for others.




    cooldude
    07-02 08:56 AM
    I heard USCIS already retrogressed and rejecting Jul filer? is it true. need urgent help :mad: :mad:
    What's your source??




    sunny1000
    03-28 01:06 AM
    Hi all,

    I am on H4 visa now. Got a long awaited job (with EAD) which will start in June 2011. My I-94 is till september 2010 becoz H4 is stamped till that date. But I have I94 with I-797 till June 2011(6 years of H4). I want to travel to India before i start my job, probably in may. My husband is still on H1 visa eventhough he has EAD.

    1.Can i travel on H4 status as i m not holding a job right now? My 797 is only till june 2011. If i go for stamping, it is more likely to get rejected.

    2. Can i use EAD and AP eventhough i am not working rightnow? Are there any chance of denying my reentry with AP?

    I cannot afford to loose my job and due to personal reasons, i can't avoid the travel. Please give your valuable advice.

    You can use your AP for travel and come in as a Parolee even if you are not working.

    Since you think you will have trouble getting H4 stamped, coming in using AP is the best thing to do.

    Usually, travel with AP is smooth. If the officer asks you the reason for your travel, tell him/her that you went to see your family (don't say that you went on vacation). Make sure that you take the copy of your I-485 receipt notice and your original EAD with you, just in case. You will be sent for secondary inspection but, don't worry, that is normal practice for Parolees.

    Good luck with your travel.



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