Tuesday, June 7, 2011

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  • anilsal
    07-17 12:51 AM
    But that idea may face long odds. AILA's Kuck says that current law prohibits green cards from one year to be used in other years. And he thinks there is no appetite in either Congress or the White House for writing new pro-immigration legislation, after the comprehensive immigration reform proposal went down in flames earlier this summer. "I don't think they'd touch the issue with a 10-foot pole," says Kuck. "This issue has become radioactive."

    Which law prohibits usage of unused visa numbers? I guess that is one of our provisions that we are demanding. :)




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  • test101
    07-17 08:24 PM
    I have to agree. WE need to send him thank you flowers. he worked on helping us.




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  • rkotamurthy
    09-16 02:03 AM
    If you ask " Why Am I responsible for low media attention?" My answer is each and every Legal Skilled Immigrant is responsible for this. We are a tribe who do not believe in shouting on the roads. We think this is cheap!

    Trust me, this is not being done in any cheap manner. It is not cheap to ask what you deserve. It is not cheap to express one's opinion in a diginified manner not offending anyone. It is not cheap to explain your problems to your lawmaker.

    If you think that participating in this rally is cheap and only uneducated would shout on the roads, then come to DC to witness PhDs, MBAs, PMPs, CPAs, Attorneys and some of the brightest and the best minds shout at the top of their voice to fix the broken immigration system.

    Sounds unbelievable, come, witness it for yourself on Sept 18th at Washington Monument.




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  • Raj_2009
    01-14 07:50 PM
    Dear Experts,

    Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
    I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
    Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
    Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)

    Questions :

    1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.

    2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
    3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).

    4. Pl. let me know which situation I am in(overlap or Gap)?

    Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.

    Thanks and Regards,
    Raj

    Dear Experts,

    Kindly take some time to read and pl. help me providing your expert advice which will make me take a clear decision.
    I am working in a Company A currently(not yet resigned). My project got over by last december 31st and on bench with Company A now. They will also not process payroll/paycheck for this month as there is no billing for this month. But so far, i have not yet resigned and they are currently looking for a project for me to place me.
    Meanwhile, I got a better placement with Company B and did AC21 with transferring my H1B. H1B visa also got approved with Company B. I started working for them for the last 3 days too.
    Since my current company(A) might not like me moving out, I did not let them know until i started in the new company B. Current Company A has not laid me off and asked me to go on loss of pay vacation for this month which i did by sending mail. Now I want to resign after having moved to the company B(4 days overlap)

    Questions :

    1. Will this create any issue/affect me for being on 2 payroll(overlap) although Company A does not process pay for me this month? I am on I485 after I-140 approved stage.

    2. Since I do not have any pay(bench) this month and after all, resigning in the same month, would it put me out of status From Jan1 - Jan 12?
    3. I am going to India on vacation with New company Paystubs and I797. Will the US consulate in India look into this 12 days overlap/Gap?. I will have W2 for last year. Paystubs with Company A until Dec 31st and for new company only starting from Jan 12(11 days no pay (Jan 1 - 11) ).

    4. Pl. let me know which situation I am in(overlap or Gap)?

    Pl. advise me how to approach this situation as you might have commented on these kind of issues many times.

    Thanks and Regards,
    Raj

    Hi Gurus,

    I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in a senior systems engineer position. This is the typical AC21 case like everyone experienced.

    Now My new company is ready to file green card

    My Questions are ,

    1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?

    2. While filing EB2 for the same job that moved in to the new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?

    3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?

    Kindly answer these questions.

    Thanks,
    Raj

    Hi Gurus,

    I did file I-140 & I-485 in Eb3 category (Labor substitution) through my old company during 2007 July. My desgination was software engineer with Old company. Now my I-140 is already approved(crossed 180 days) and moved to new big company through AC21 portablity mode during 2009 March. Now I am employed with new company in the senior systems engineer position. This is the typical AC21 case like everyone experienced.

    Now My new company is ready to file green card

    My Questions are ,

    1. Can I file the EB2 LC for this new job in the new company(Senior systems engineer)? Does this qualify for the EB2 category? If it requires the company to have proper job description what is the eligible designtation for EB2 category, other than having BS degree with 5+ years progressive experience?

    2. While filing EB2 for this new Job in this new company, can I file AC21 for the EB3(applied from my old company) category as i moved to the new company after 180 days of I-140 approval?

    3. Applying for AC21 for EB3 and new EB2 PERM together is valid or any risk involved in this typical case?

    Kindly answer these questions.

    Thanks,
    Raj



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  • gconmymind
    11-14 11:59 AM
    I just received all the receipts for I-140/I-485/I765/I-131 from TSC.
    As some stupid questions:
    - I noticed a number above my name: A0xx xxx xxx. Is this an alien number?
    - If so please someone explain since I have my PD on 04/24/2001 I never noticed this number (I might be wrong). It is something good or bad or what this number mean?
    - Also, just to have an idea, after all are approved (hopefully without unexpected delays) how long until I have that plastic card GC in my hand?
    - any small clue will be greatly appreciated.
    Thanks.
    - The A0XX XXX XXX is the A number or alien number
    - Nothing good or bad. It is sometimes there on the 140 approval notice also. It is there on 485/765/131
    - No one knows when you will get your GC. Your PD is old so you may get lucky soon...




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  • gchopes
    11-05 01:41 PM
    Files Jul 27 w. TSC. No RNs yet. Called USCIS. Not in the sytem.



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  • kiran24
    06-23 04:05 PM
    If a person tests positive for TB and the chest X-Ray also shows signs of TB the USCIS doctor will send us to the county doctor's office. If they also determine positive result we wil have to start the medication.

    1) So with the dates becoming current on July 01 2007 can a person apply for I-485 or wait till the medication is completed?

    2) Also how long does the medication take?

    Thanks




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  • EB3_SEP04
    01-28 09:21 PM
    I'm not sure about about the queston you asked here, but I was wondering you are EB-3(India) 2004, why is USCIS even reviewing your file ?

    485 MTR acceptance letter is dated Dec 11, RFE is dated Jan 13, and FP notice date is aboout same(did my first ever FP last Friday). Could the MTR or FP have caused the review of my file? :confused:



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  • EB3_SEP04
    07-16 04:40 PM
    No it is the same company

    First of all congrats!

    My understanding is that as long as the new job/title falls in the SAME O*NET code(lower right corner of your labor appplication), it is considered SAME/SIMILAR job and hence OK. e.g. O*NEt code for Computer Programmers is 15-1021

    http://www.onetcodeconnector.org/ccreport/15-1021.00

    The good news is that YOU think that the new job duties are 50% different, which may not be the case as per AC21. That happened to one of friends, his old job was at a bank and his labor had a lot banking related words, then he joined a CISCO which is defiintely not a bank so new job duties were 70-80 different (if you compare word to word), so he was worried, but his lawyer said "you were a DBA (15-1061) and you are still a DBA, so it is a SAME or SIMILAR job". He got the GC last year.

    Also how would USCIS know that you have been promoted? since you are not changing employer, you are not using AC21 and does not have to inform USCIS about this change. So technically you could be promoted every year still have no effect on green card (unless you get an RFE and USCIS asks for a emmployment letter, pay stub etc, which will show a change in title).




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  • SREE_485
    08-13 04:31 PM
    My employer asked me to send my 485 application directly to NSC instead of attorney Since there was a wide spread rumor last month( june ) end that USCIS going to accept the applications that are going reach them only on July 2nd and I did exactly the same thing. NSC received my application by July 2 at 7:30am.

    I properly signed my set of applications (485,765,131,134,325a,g28) and my wife did the same with her set.

    I didn't give attorney info on any of the applications except on G-28 FORM.

    BUT there is no attorney signature on G-28 FORM since I filed on my own and Is going to create any problem, I mean is there any possibility that USCIS GOING to reject My application? Your help greatly appreciated.



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  • rexjamla
    08-07 03:01 PM
    I did it successfully in Toronto.
    While entering Canada I showed them my Canadian Immigration papers and told them I will bring my stuff from US in second round. I did not tell Canadian Immigration officer that I came for US visa stamp.
    However You can tell at US consulate that you landed in Canada as Canadian Immigrant and while coming back in US at the border. They won't mind.

    Good Luck!:)




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  • rdx0
    01-09 06:57 PM
    Hi,

    I am in a unique situation, any advise/help would be appreciated.

    My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).

    However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.

    So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?

    Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?

    Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet



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  • bijualex29
    05-26 06:51 AM
    Analysis of Visa prediction if Bill passes in senate in current form


    90,000 visas to clear backlog, 10% county limit.

    9000 visas per country limit, India get 9000 visa (EB-1, will get additional 10000 visas ).

    Can some one interpret the law whether unused visa will be spilled to oversubscribed countries?


    Current law EB-2 and EB-3 only 40,000 visas for EB-2 and EB-3 out of 7% goes to each country 2800 visas for each country.




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  • alterego
    06-21 10:27 PM
    You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
    From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.



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  • stxvr
    07-09 04:37 AM
    During the stage of 485 in how much details they look your your current status. In what all things they look except last 3-6 pay stubs and W2s.

    I have following questions:

    1. Dose any one has experience that they have asked for the details for the H1B LCA to verify the satus during the stage of 485(like your location specified in LCA). (-not talking about LC).

    2. Another good question. If your LCA filed with the petition was for the some location of California. Now if you relocated to NY. Now you worked in NY for a year and now your W-2 will have the sate as the NY. IF you submit this W-2 at the 485 stage then they can easily figure out that your LCA was for some city of california and you are paying tax in the NY. Means in such cases they can easily find out that you are out of status. Don't they look into such details?

    Asking this because I have not read a case like where they have traced back to the LCA level. Also many are doing the consultancy job means staying to one state for 1 year and another on second year. Eventhough not heard about any RFE on LCA to verify the current status.




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  • we_can
    12-29 12:46 PM
    Hi

    In this line Can H-1 B or H-4 can Invest in Shares and Mutual funds DIRECTLY? not through ORP or other company institutions as there is no direct involvment of H-1 B employee.

    You can invest in stocks, mutual funds, real estate or other investment vehicles with no problem and even receive the income from them. The restriction is only with you working, not investing.



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  • Raj Iyer
    09-22 04:38 PM
    Go for premium processing.




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  • kittu07in
    08-20 05:46 PM
    I was with with Company A and my H1B approval notice was until 2011 and my wife H4 approval notice was also until 2011.
    Recently I changed to Company B, where this company applied only H1B transfer and received a receipt number for that and it is in pending status. And they are saying H4 transfer also applied at the same time but we didn't received the receipt notice yet.
    In this H1B transfer process I got query on that petition, now Company B is saying I will not submit any documents for above query.

    I have an EAD when I was with Company A and it is still valid. I am planning to move onto EAD.....

    Can my wife change her status to F1 (Student) even her H4 transfer receipt is not available?
    And the old H4 approval notice is still in approved status when I check in USCIS website.

    Please help me in this situation, let me know all your opinion about this case.

    ~Thanks in advance.




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  • newyorker123
    09-27 09:21 PM
    Recently I filed FOIA for the complete set of documents on my I-485, becaz my employer didnt share any documents with me.
    Now I got my I-140 application and Receipt Notice and all the documents submitted for I-485, but there is no I-140 approval notice, is anyone out there filed FOIA just to get the I-140 approval notice? or should I file I-824 to get the I-140 approval notice?


    -------------------------------------------------------------------------------------------------------
    Contributed $200 towards advocacy.




    ca_immigrant
    04-15 08:20 PM
    So I have sent them 2 applications
    one for my daughter (add OCI to new passport) and one for my son (get new PIO)

    All have same documents and so have sent proof of address for both the applications.

    My son's got flagged for missing proof of address and so sent them the DL copy (mine, do not have wife's will try sending them the AP as you folks have mentioned, thanks !)

    Intrestingly my daughter's got flagged for missing photo copies and have been charged $20 for 10 pages :mad: which by the way I am sure I had sent to them...

    and now they are saying I have not sent the old passport that has the U visa.
    Now this is a new requirement and was not there previously , before they were asking only for copy of old visa. I have a print out of the requirements from the day I filed.

    Apparently, the indian consualte keeps chaing requirements every day is what I was told over the phone.
    and reaching them seems to be a very painful wait :( 30 minutes to 1 hour at the least


    So far I must say I am not impressed with thier service...but anyways why will they care

    just venting out !!




    rajivkane
    12-08 04:10 PM
    Hi!

    I received my GC in first week of September'09. After receiving GC I have continued with my sponsor till now - & they continued giving me pay (after the usual big cut from my rate). During the I-485 petition filling my employer has given a letter to USCIS for "future" employment with a fixed base salary. They never gave me this after the GC & now if I go on "bench" they are refusing to give me any salary (since I am using GC & they are not bound to give me the H1B minimum wage!).They may continue my medical insurance (for family & me) provided I pay the whole part! I wanted to continue with my sponsor for six months after GC but under these circumstances is it OK to leave them now & if I face any issue at naturalization will this be a valid reason to convince the officer(in case they ask this question)- although I do not have anything in writting from my employer(except the "future employement letter" & paystubs & e-mail replies to my queries for this)

    I am leaving many opportunities just to be with my sponsor for this six months!

    Please guide.

    Thanks,

    Raj



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