Monday, June 27, 2011

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  • newbee7
    04-12 02:48 PM
    If I were you, I would send a letter with the facts. I do not see a downside to this. On the upside, if the employer decides to settle you could potentially get some of your money back.




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  • desi3933
    06-25 12:34 PM
    You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.


    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    As per this memo -

    Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
    Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
    While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.

    With this, I am not sure, the defense of PD is not current is going to work.




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  • waitnwatch
    05-30 01:42 PM
    Ideally all H1B people who are interested in immigrating will apply for GC around the 2nd or 3rd year of H1B.

    If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.

    The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.

    Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.

    Please see my previous post. I am talking about the new system which does not have the EB1/2/3 classification. Please do not confuse it with the existing system. Also under the new system you have 6 points for employer recommendation and 10 points for experience. So 1st year employees may not get either an employer recommendation or any points for work experience.




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  • estrela21
    02-09 12:03 AM
    thank you,,,,i will..

    have a good night



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  • sanjaymk
    10-19 05:17 PM
    Actually, IMO, stocks is a loosers game. Many have tried it and have lost a "lot" of money(including myself). If you would like to make money through investments(i didn't say *stocks*), you should go with something like mutual funds and have a well diversified portfolio across different asset classes.

    If you really want to get yourself into stock market investing, the best book(Holy Grail for people like Warren Buffet and many other Mutual Fund managers) to get started on is is The Intelligent Investor by Benjamin Graham. There are tons of discussion forums like morningstar.com that has discussions about finance related topics. You could also get started with Mutual Funds for Dummies, Common Sense book on Investing by John Bogle, The Intelligent Asset Allocator by Bill Bernstein etc., There are tons of other ones, but this would get you started.

    But, my 2 cents, have a long term goal, educate yourself on what investing(again, I didn't say stocks) is and get started. Investing is a marathon not a sprint.

    Hope this helps.

    Sanjay.




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  • amitjoey
    03-18 04:24 PM
    Hello
    I have substituted a Labor in 2004, My priority date is 4/4/2002. My I-140 is pending since May 2004 and i renew my EAD every year, EAD expires in July 2008. I got my 9th year H1 extensions till july 2007 from the same company/employer.

    I tried to change the employer and file a new H1 which was denied this month. The reason for denial is USCIS is not satisfied with the place of work, I have re-applied H1 again on the same company. Now can i apply another NEW H1 from a different company.

    I am tensed as my I-140 has been pending since so long....can someone please help me in this matter and suggest me what to do.


    Thanks
    Raghu


    My I140 has been pending for a long time too, without any reason. So finally after many service requests, I have talked to one of the senators of my state. I have explained the situation, ofcourse used the opportunity to highlight IV and EB immigrants problems and then talked about my specific case. There is a routine paperwork that my senators office has that they use to get authorisation from individuals like us to pursue the case with the USCIS. I have filled that paperwork and the request to look into my case. I have a strong notion that it is going to work. The senators office had looked into an earlier case for me with success where I needed to obtain a pending AP in a hurry. I have my own labor (NO Substitute)
    I have no idea what the deal is with the H1- Why it was denied.

    I suggest you talk to your senator's office.



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  • kirupa
    06-04 09:20 AM
    Golgi's site was one of the worst sites I have ever seen - the intro was long and the midi was annoying. Good job! :)




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  • ivgclive
    04-21 01:31 PM
    There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.

    Has anything been done yet?

    This is something like filing a law suite against Manmohan Singh for having inefficient ministers under his goverment.

    Hire a top attorney, paying him half of your earnings to get an answer from the court saying that "thats how things work".



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  • kirupa
    03-05 11:10 PM
    No problem Ames. I have split your entry into its own thread.

    :)




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  • mmaxima
    07-23 09:43 AM
    I got a RFE for employment letter not matching closely to the PERM job ads. My 140 is under premium process. The new emplyment letter has been resubmitted. How long does it take for USCIS to make dicision on my case? Will it be process in priority because it's a premium process? Or there is no premium process after RFE? Thanks.



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  • sobers
    03-01 06:19 PM
    Look at what NumbersUSA has got to say about the effectiveness of its mass faxing/emailing strategy...

    -------------------------


    From: Roy Beck, President, NumbersUSA
    Date: Wednesday 1MAR06 5:30 p.m. EST


    Day 3-----Media confirm your calls/faxes making a difference in fighting Specter's amnesty


    YOUR CONTINUED PHONE CALLS AND FAXES ARE BRINGING PAIN TO SENATORS WHO WANTED TO PASS AN AMNESTY

    NEWS ITEM
    "Despite the breadth of interest groups
    advocating an expanded guest-worker program,
    the enforcement-only crowd makes considerably
    more noise on Capitol Hill, if the flood
    of mail, e-mail and phone calls to member
    offices is any indication."

    The power of what you are doing has been confirmed in a big story in The Hill newspaper. This daily publication is the community newspaper for the tens of thousands of people who work in congressional offices on Capitol Hill.

    It claims that the power of your phoning and faxing may be countering the power of the Chamber of Commerce, religious lobbies, ethnic lobbies, ACLU and cheap-labor corporations combined.

    With the Senate Judiciary Committee prepared to start tomorrow (Thursday) voting on amendments to the giant amnesty bill of its chairman, Sen. Specter, the newspaper stated that the open borders positions are supported by one of the largest and most powerful blocs of groups ever assembled.

    But the newspaper reported that you all may be more influential:

    "A handful of single-issue groups opposing
    the guest-worker program have effectively
    put the other side on the defensive since
    President Bush first announced his intentions
    to push comprehensive immigration reform, as
    evidenced by the administration's backtracking
    since Bush first proposed such a program in
    January 2004.

    "One of those groups, Numbers USA, has 135,000
    registered activists throughout the country and
    an e-mail list in excess of 1 million subscribers,
    all of whom have signed up voluntarily, said
    Caroline Espinosa, a spokeswoman for the group.
    A link on the Numbers USA website also allows browsers
    to fax a personal note to members of Congress in
    support of increased enforcement of illegal immigration."

    None of this changes the fact that most Senators want to have 2 million to 3 million foreign workers and their families being added to our laborforce and communities each year.

    But we are getting reports from the Hill and from many of you that many of them are starting to show some signs of concern about how their open-borders voting may affect their standing back home.

    We don't like being called "anti-immigration," but we like what the reporter said he found in talking to people in the Senate:

    "The anti-immigration crowd has political momentum
    at this stage in the fight, with congressional
    Republicans wary to cast any vote that could turn
    off their conservative base during this critical
    election year, but members will also have a hard
    time ignoring such a broad cross-section of business,
    labor and social groups with their own self-interested
    constituents."

    Now, if we could just get more Democratic Senators to start worrying about their base.

    Well, we got a little sign of hope on that front today. The AFL-CIO -- which is selling out its tradition and its American members by pushing an amnesty -- has come out against Specter's and McCain's amnesty bills because they have gigantic foreign guestworker programs. That gives hope that some Democratic Senators would vote against these bills. And it is doubtful that the Republican open-border Senators would vote for an amnesty that didn't include the guestworker provisions so sought by the Chamber of Commerce.

    PLEASE CHECK YOUR ACTION BUFFET AND KEEP MAKING YOUR PHONE CALLS AND SENDING YOUR FAXES

    What you have been doing is working. You have kept phones and fax machines ringing since first-thing Monday morning through this minute. Do not let up.

    Click here for actions to take.
    www.NumbersUSA.com/actionbuffet

    WATCH FOR BY-THE-MINUTE ALERTS ON THURSDAY AS WE ASK YOU TO REACT TO SENATORS IMMEDIATELY AFTER THEY TAKE BAD ACTIONS IN COMMITTEE

    Our seven-person Capitol Hill Team of professionals will be in the Committee Room and other key Capitol Hill locations all day assisting our six-person Website Team to provide you with updates and help in where your activism can do the most good.

    The reason you NumbersUSA activists are seen as the primary constituency pressure force on the Hill in pushing sensible immigration policies is because of the work that I know most of you will do tomorrow.
    GET ALL THE INFORMATION YOU NEED ABOUT THE SPECTER BILL AND THE ACTION IN THE SENATE

    Just go to our Hot Topics page, which has links for detailed analysis of the bill.

    http://numbersusa.com/hottopic/specterproposal.html

    Thanks for all you can do. And thanks for all the reports that you have been sending back to us on what you hear when you call. Our Capitol Team makes good use of your reports.

    DON'T LET UP,

    -- ROY

    If you have time, you might enjoy reading some more of The Hill article:

    "Numbers USA also does objective and subjective
    summaries of each bill introduced on the issue
    and notifies subscribers in advance of any
    important actions on Capitol Hill, such as this
    week's markup. As such, the group was expected to
    send an alert asking those supporters living in
    states represented by members of the Senate
    Judiciary Committee to call or fax their members
    in anticipation of that markup.

    "Battling with groups like Numbers USA is an
    uncommon experience for many members of the business
    community because they do not regularly work on
    such socially sensitive topics.

    "We don't usually end up on the other side of single-issue groups," Gay said. "That's unusual for us."

    * * * * *

    "The National Restaurant Association usually does not join forces with the National Council of La Raza, and the U.S. Chamber of Commerce rarely, if ever, aligns itself with the Conference of Catholic Bishops.

    "But those organizations and many others have come together in support of a comprehensive immigration-reform bill that would expand guest-worker programs and offer undocumented workers already in this country a path to citizenship. They are up against an aggressive cross-section of single-issue organizations that favor increased enforcement of immigration laws and have condemned any legislation that would allow undocumented workers already here eventually to become citizens.

    "With the Senate Judiciary Committee expected to mark up its version of the immigration bill Thursday, groups on either side of the issue have geared up for a hard fight, and the vehemence and intractability of either side should make compromise particularly difficult for lawmakers on Capitol Hill.

    "A unique coalition of divergent interest groups have rallied in support of a bill introduced by Sens. John McCain (R-Ariz.) and Edward Kennedy (D-Mass.).

    "he fact that the Chamber of Commerce needs comprehensive immigration reform is very good," said Flavia Jimenez, an outreach director for the National Council of La Raza, a Hispanic advocacy organization.

    "Members of the business community also appreciate working with groups such as La Raza because it allows the overarching coalition to communicate with Republicans and Democrats alike on Capitol Hill.

    "It's nice actually to get to work with these guys," said John Gay, a senior vice president for government affairs with the National Restaurant Association, which co-chairs the Essential Worker Immigration Coalition (EWIC), a group of more than 40 business and trade associations seeking comprehensive reform.

    "Because the many groups within this broad coalition have slightly different priorities, they must communicate regularly to push common themes. In the end, these organizations are all fighting for what they consider the best interests of their dues-paying members.

    "Despite the breadth of interest groups
    advocating an expanded guest-worker program,
    the enforcement-only crowd makes considerably
    more noise on Capitol Hill, if the flood
    of mail, e-mail and phone calls to member
    offices is any indication."


    This may be a good time for you to make sure that you've let us know all of the areas you are interested in. In order to further customize the type of alerts you receive click here http://www.numbersusa.com/survey?action=longlist

    As a NumbersUSA subscriber, you will receive occasional emails about immigration-related opportunities. If you want to increase or reduce the frequency of these emails, click here and choose from Total Activism, Moderate Activism, or Limited Activism at the bottom of your registration form: http://www.numbersusa.com/user

    NumbersUSA - relies upon individuals like you to reach its goal of an environmentally sustainable and economically just America.




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  • neodyn55
    07-30 11:45 PM
    If you don't know the answer, please don't reply. Just because this person asked about getting GC through his/ her baby, it does not mean the person is here illegally or if even this person is in the US. I friend of mine died in an accident in Mumbai and he is survived by his wife and two kids (the kids were born here in the US). His wife asked me the same question and after asking my lawyer, I had to tell her that there is no way she can apply for GC through her children unless her children turn 21.

    Oh don't be such a sourpuss. This is an internet forum, and the last I checked, there was no forum rule stating replies had to be relevant, to the point, and incredibly boring. What are you, a Hitler wannabe? No one's holding a gun to your head and forcing you to read the replies anyway. If it's that important, then the OP should ask a lawyer instead of posting in a free internet forum.

    Lighten up.



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  • desi3933
    08-25 01:01 PM
    Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.

    There is one more thing you should consider -

    One is allowed to enter on AP, as long as the I-485 application remains pending. The risk is, if the I-485 application is denied while person is outside USA, then the Immigration Inspector can deny the person's entry on AP into the USA.

    _________________
    Not a legal advise.




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  • walker15
    02-15 10:55 AM
    Also your immigration attorney's involvement is very crucial in regard to your case.



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  • thandan
    03-15 03:29 PM
    Background:
    My wife and I are currently working on EADs obtained through my previous employer filing for my green card (eb3 India, pri date: dec 2005), my wife is a dependant on this greencard petition. We last re-entered US using our AP. Two years ago, more than six months after my I-140 got approved, I changed my employer (to a similar position in the IT field itself) and my new (and current) employer filed for AC-21. They have also obtained a I-797 for me as a backup which I have used. Also prior to getting my EAD, my wife worked on an H1 visa for a year and then we got EAD, she has been working on that ever since. Our EAD was recently submitted for renewal and will be valid for the next two years.

    I got accepted into a fulltime MBA program in the US, which I am planning to attend. This would mean that I quit my current job and after the two years in MBA I will be joining a different employer in a different field (ie: I will be moving out of IT into something like finance). I am assuming transition to F1 is out of question since I have shown immigration intent

    Questions:
    1) Will it be legal for me to go fulltime to school on an AOS pending status?
    2) Will I have trouble, re-entering the US on an AP if I travel overseas during the time I am enrolled in school?
    3) Can I use this EAD card to go for an internship between my first and second year (the job will not be IT)?
    4) Can I use this EAD card to work fulltime after MBA graduation, provided it is still valid for a few more months (the job will not be IT)?
    5) If my post-MBA employer files for a greencard for me in the new position which is different from IT, will I be able to use my old priority date of Dec 2005?
    6) To mitigate risk, my wife is planning to go into H1 so that I can get an H4 if going to school on EAD doesn't work. Is this strategy to use H1 during school time (and travel overseas and re-enter using H4) and use EAD while internship safe?
    7) If my wife cannot find a H1 job, can she work on her EAD while I am also using EAD to go to school
    8) I am assuming that for any EAD based status to work, I need to have a future job offer in the same category. My current employer will not do that.I can get a future job offer from a small IT consulting firm in the same IT field for which my greencard application was filed for. Will that be good enough to keep my EAD alive while in school?

    Thanks SO much for answering. I have this wonderful opportunity in front of me and I really hope immigration will not be a road block to achieve my dreams.




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  • sintax321
    05-28 02:56 AM
    Soul you jsut wasted 10 min of my life waiting for your transitons........Good Job!!!

    The most beutiful ugly site ever.



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  • desi3933
    07-20 04:26 PM
    AP is a must. If you travel out of the country and your GC gets approved while you're away... your H1 becomes invalid and you cannot use it enter US. The only way to return then is AP.

    Incorrect.

    One is allowed to enter on H1 under deferred inspection if the I-485 is approved while applicant is not in US. Of course, one can enter on AP as well.


    ______________________
    Not a legal advice.




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  • ChainReaction
    04-18 09:09 AM
    I already have two labor certification petition both of which are stuck in PBEC. MY first labor cert has PD of March 2003 and the other Feb 2005 . ON my lawyers advice i filed my second labor under RIR instead of waiting for another month and filing under PERM what a big mistake i made... I am onmy 5th yr on H1b and was hoping to Get at least 3yr ext if i was able to file 1-140 and have it approved before i file for the H1b . :(




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  • gc_bulgaria
    02-12 02:50 PM
    I've been trying to find out the same info for a while now. Has anyone been successful trying to make use of cross chargeability? I had read sometime back that when you file for ur 485 you could provide a covering letter to say "Please consider Cross Chargeability", but isnt there a better way of doing it?
    These are the following I used on top of the stupid cover letter that I am sure they dont see.

    1. Talk to Congressman's office
    2. Letters and faxes to USCIS
    3. AILA liason (through your lawyer).

    In my case the lawyer's connections helped. Even though my PD is current now as per VB, till they reach my notice date, they will not touch it.




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    02-18 12:17 PM
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    lazycis
    04-06 04:48 PM
    lazycis, jhaalaa, meridiani - Thanks for your inputs...you guys rock. :cool:

    I believe Jhaalaa trying to caution me not to take chances and move to another employer, which could potentially cause RFE to my case. If so, thanks for you concern.

    Meridiani thanks for the doc. I will read through it.

    One more question, when I first filed my LC, I made x dollars, then I got a promotion and now making x+10K. When I move to a new employer, should I make x dollars? or x+10K? or is it okay to make x-10K? :confused:

    See question 5 in the memo.
    http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
    Salary discrepancies do not really matter. It's certainly OK to make x+10 on the new job. Come on, some LC were filed 5 years ago. In my case my salary almost doubled by the time I-485 was approved (and I was working for a new company as well). It's good to be cautious, but you should not be overly concerned with these issues as the law only says that your new occupation has to be same or similar to that mentioned in LC. The USCIS never implemented the regulations regarding portability. And I never heard of the case where I-485 was denied because of the portability issue (if it was invoked after 180 days).



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