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Thursday, June 9, 2011

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  • sundevil
    06-23 04:08 PM
    This is not that straight forward either. Family reunification bills also linked family based immigration to this and very likely run into the same battle between pro-business and pro-family(more so of pro-any-immigration, legal or otherwise) legislators. I spoke to an official in Sen. Cornyn's office and they were of the opinion that he might not support that bill as a whole, while he has been very pro-business STEM bill architect and is ok with the recapture of unused EB visas.
    Also, at that time they did not have a plan to re-introduce STEM bill or any flavor of it.

    We have a huge mountain in front of us and will need a lot of work to get any of these bills to even make it to the floor for discussion let alone pass. Ultimately that is our challenge after CIR dies (or never wakes up) to make these piece meal bills a higher priority in a sea of high priority/publicized legislations.

    I take this as another posiitve.

    Paves the way for the smaller bills like the family reunification (visa recapture) to be passed without the chirkuts putting stops citing a CIR is required then voting against the CIR.

    Agree with u guys lets push for the family reunification bill.





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  • Neocrack
    04-19 11:31 PM
    I had the same situation:
    1. On the application form list your parents name as you want it. They will print the new name on the renewal passport. (I was not asked for any additional documents)

    2.To add your spouses name on the passport you will have to give a copy of the marriage certificate and your spouses passport as part of the application form (I had applied in person).





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  • msyedy
    12-20 09:36 AM
    Masti Gai..

    Dont make fun of him. He is not sure.. that is it. You have labor for H1 and green card.

    Pradeep .. You need to take i-797 and the greencard labor and I-140 papers
    with you.

    All these legal question can be answered by a Lawyer than this forum.

    Ask a lawyer... you will be satisfied





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  • chanduv23
    01-04 12:01 PM
    Looks promising



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  • Pagal
    05-29 01:05 PM
    Hello,

    Good points, but all are already on IV agenda in one form or another... please visit the IV agenda thread to read what all IV is doing...





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  • forgerator
    11-08 05:14 PM
    How many similar positions are in the company? is this the current position you are in, if yes you can not use experience with your employer even in future for this position.
    In either case your best bet would be a different EB2 qualified position with same employer or New employer.:o

    yes I am in this current position. Let's see how it goes. The lawyer is evaluating it right now.

    My EB3 ROW, although better off than India EB3, it's still in bad shape. I'm much better off trying for EB2 ROW (some of my Pakistani friends got their gc in less than 8 months)



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  • Better_Days
    12-01 12:55 PM
    Guys,

    I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.

    Guys please share your experience with me since its important for me to get I-140 approve for future growth.

    Thanks

    To answer your original question, my I-140 under EB3 was denied on the basis that my 3-year Bachelor in Computer Science was not equivalent to a 4-year BCS degree. I appealed to the AAO and attached an evaluation from Sheila Danzig.

    While the AAO was pending, I started the process from scratch by filing a new PERM and my second I-140 was approved. So I guess it is possible to file a new I-140 while the original one is under appeal.





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  • texcan
    02-20 04:10 PM
    Thanks for answering my question. But is it not a huge difference between what I earn and what is mentioned in the LC (almost 40k) ??

    GC is for future job, this pay is for skill set that will be used for FUTURE JOB,
    it has nothing to do with your current job even if it is same job title.

    Donot worry for stuff you donot have control over. It was done in past, you are fine, you cant do anything about it anyways now, or even if you had known about this in past.
    LCA Salary is determined by Labor office, those great folks always come up with salary ...that no one pays.

    Talk to your employer and ask about seeking higher salary. Most folks get huge jump ( in normal market) when they get their EAD since employer knows now they will move somewhere else.

    Donot panic about everyting.
    HTH



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  • redds777
    09-20 08:47 PM
    Hi

    I would suggest you to go with employer B and get the EVL from them and sunbit to USCIS.
    if possible delay H1B filing from employer C if you can
    I also strogly suggest you to talk to an experienced attorney who has experience with AC21 like Murthy , khanna etc.. and respond to the RFE .

    Hope this helps

    Redds

    Someone please help...I have a limited time to respond to this and would be great to hear from someone who received similar RFE and responded.





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  • javadeveloper
    07-20 09:51 PM
    OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?



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  • jr8rdt
    01-07 02:51 PM
    casinoroyale - can you clarify, you are contradicting yourself.

    your first email says: I have done paid consultation with murthy office on this matter. As per them, one can continue to work on H1B even after returning on AP.

    your second email says:
    Ok, after using AP there are two ways in order to reinstate H1B status.
    1) By applying H1b extension after entering on AP
    2) going out of country and entering with valid h1b visa stamp.

    -can or can't we use H1 after using AP.
    -what do you mean by "to reinstate H1 by applying H1b extension after entering on AP". are you saying that though the H1 expiration is say 2010 but since one is using AP to enter now (2008) one should apply for extension right away?





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  • misha
    07-21 10:53 AM
    Hi,

    I have absolutely the same story happened to my wife.
    I'm July 2007 filer, she is a dependent. She never received AP which was approved and mailed on September 2007.
    Called USCIS on October, November and December 2007. No results.
    Took Infopass on January 2008. We were told that we have to apply for a new one.

    On April 2008 we applied for NEW AP. I attached a cover letter, explaining everything and asking to put approval start date from the actual approval date and not the date of expiration of previous AP, which is September 2008 because it was lost. They ignored the letter!

    On June 2008 we received new AP with Start Date September 2008.
    My wife need to travel on August 2008.

    I made infopass appointment on July 2008. I do not have any hope. At least I can try. Going to ask about FBI Name Check.

    I read, somebody got AP issued by local CIS office during the infopass. But I think it's rare.

    Any suggestions?

    Misha

    I485 EB3 filed on July 2, 2007
    PD: December 2005



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  • needhelp!
    10-10 11:37 AM
    perks included..





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  • gcisadawg
    04-12 08:18 PM
    This is correct. Only your attorney will get the RFE.

    That is incorrect. USCIS would send a copy of RFE to you as well.

    My wife got a medical RFE and I'm looking at the letter from USCIS as I type.

    Yes, We did sign the lawyer form. Lawyer first got a copy and informed us. He also told us that we would be getting one. And we got one.



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  • nixstor
    04-09 03:42 PM
    Ideas are dozen a dime irrespective of whether they are good/bad. As you observed that this is a good idea and IV has already approached websites like rediff/sulekha, only to be asked for enoromous amounts of money for featuring IV on their website. So we need $$$ via contributions or the situation should get so worse that media will write for free.

    There are people who come out, say something, throw out an idea and vanish. By challenging their posts and providing them with the right information, we can streamline the zeal and enthusiasm to do something (if they have any). Its not meant to dampen the OP's spirit to work on anything. I feel that the repsonse to OP was lacking information about what IV has done already in this regard. asking for contribution might have made you feel that the response was blunt/heckling. He explained why we need money, like lobbying. IMHO, To get on to the hill and get an amendment the most important thing is $$$. Period.





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  • Queen Josephine
    June 20th, 2005, 02:45 PM
    Wow, a pdf! You should start a service! I'd love the step-by-step if you don't mind. I'm not getting the knack of this too quickly. Thanks!

    I'll post it tonight when I get home from work.

    EAD Expiring; 245k rule? --- Urgent help! [Archive] - Immigration Voice

    View Full Version : EAD Expiring; 245k rule? --- Urgent help!




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  • aug2007
    02-24 12:02 AM
    I'm in sixth year of H1. Also have EAD for more than 2 years but not used. Also, have valid AP (approved in Dec 2009). My I140 is approved more than a year back and I485 is pending since August 2007.

    I'm going to lose my job next week. So, I've sent I9 to switch from H1 to EAD.

    I'm looking for new job. But couldn't find any matching job so far as per my EB3 labor (PD oct 2004). But there are lot of full time positions that matches my EB3 labor. My employer is saying that he will cancel the I140, if I go to another company using AC21. What should I do to avoid any issue with my pending I485, if my current employer withdraws/cancells approved I140. Should I not inform my current employer about the job change till I file AC21? Or is it not a good idea to move to new employer as my current employer will cancel approved I140?

    I dont have the copy of I140 approval notice. Is this required in the future for rest of the GC Process?

    Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)? Please advice.





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  • p_kumar
    11-30 12:22 PM
    As the IO officers explained to you, instead of approving some other document(s), USCIS wrongly approved your I-485 application.

    Regards
    K

    I wish the USCIS would wrongly approve my citizenship application even though i dont have GC yet:D





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  • luckylavs
    07-17 04:58 PM
    one silly question. How weeks do we have in hand to file 485?





    vxb2004
    11-24 08:09 PM
    Hello,

    I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.

    Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.

    My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
    Will this trigger an RFE?

    Please advise.





    amitjoey
    10-23 02:05 PM
    -------------------------------------

    I'm sorry, few details.
    Yes, the lawyer said that he will file to Nebraska.
    One small detail I did not understand: PD-priority date- is about the PD when I filled for LC or will be another PD for this I-140?
    About the fees:
    U.S. Government Fee: I-140- $475.00
    U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00
    U.S. Government Fee: I-485 (includes I-765 and I-131) �$1010.00 - wife.

    the lawyer's fees are very high but I'm stuck and afraid to make changes at this last stage. I'm wrong?

    PD: Date when you filed your labor. Stays throughout untill 485 is adjudicated.
    Untill you get GC.
    Processing time of 140 is based on when you file it.
    I-140 Should be filed with Lawyers help (My advice) since the intent is to show that the employer has the financial muscle to keep paying you and it is really the employers petition. I-485 is your application to adjust status, and a lot of people have done it on their own without lawyers help.



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