Wednesday, June 8, 2011

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  • sgorla
    01-29 07:16 PM
    logic,

    I checked with my immigration attorney about this situation anticipating job change few days ago. According to him one can enter as long as s/he can show new H1B approval notice provided the old H1B visa is still valid (not expired).

    As always, we can express our own interpretation, and its always a good idea to contact an immigration attorney to get specific answers.




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  • srikondoji
    07-27 03:26 PM
    What you said is true.
    Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
    Gurus, any body know how USCIS will process 485 applications?




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  • kannan
    04-11 04:28 PM
    I lost my job.My 140 is approved and I 485 is over 180 days.I have 2 yr EAD .I was laid off on 6 th April and I see LUD on I-485 on 9 april.I am so much worried that I may get RFE.
    What are my option if I get RFE on Employment before getting new job.How can I get my RFE from company lawyer becase Lawyer address is on my 485 Receipt.




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  • dilbert_cal
    02-09 11:08 AM
    If you have a choice of LOA, you should go ahead and take it.

    RFE is not a must - if you do get a RFE, it need not be necessarily for paystubs. You should take LOA, start your job search and try to get a similar position asap and if you do get RFE, you will have a choice of going with AC21 or not depending on your RFE.

    Dont think that you will get your GC in a month or so - this process is very unpredictable and the more you be prepared for it, the better it is.

    Best of luck and hope you get your GC soon.



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  • hmehta
    09-11 10:43 PM
    If the incumbents really care about being re-elected, they really need to do something over the next 30-40 days. All major news channels are already touting the current congress as a "do-nothing congress". And probably not only their re-election is at stake, if we look at a bigger picture, for some of them even their political career might be stalled!

    Ofcourse, there is no gurantee that some kind of immigration bill will pass, but we should not lose hope at this point.




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  • Canadianindian
    07-22 01:38 PM
    I am moving/transfer to another state within the same company in same position within US. My 140 is approved and 485 filed on July 2nd, 2007 My question:

    Would my transfer affect my 485 processing. If yes, is there a solution?



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  • desi3933
    06-13 08:22 AM
    PD is always LC filing date.
    Incorrect. It is not always.
    In most cases, LC filing date is the Priority Date.
    A Priority Date is the date that a Labor Certification is filed with the State Workforce Commission or the date that an immigration petition (I-140/I-130) is filed, whichever comes first.

    He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140.
    Incorrect.
    There is risk involved if the old I-140 is revoked or canceled. Please check with your lawyer/attorney.

    There might be a little risk if the old one he got was a substituted one.

    .




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  • ganguteli
    06-02 11:31 AM
    Recently, I made my own PP photos using http://www.epassportphoto.com/

    This is a great service - It creates a jpeg file from a picture that you upload, and you can choose the "free" option in which you can save the jpeg file with 4-6 pictures in one frame (A 4" x 6" photo can yield 6 pp photos of 2" x 2"), and take it to Walgreens/Costco/Kinkos for a printout for $0.25 each. Otherwise you pay about $8-$12 for 2 photos at the same stores!!

    For a family of 4, this equates to savings of ~ $40!!!

    The site has all the tools for meeting various types of visa/pp/etc photo requirements for various countries.

    Wow that is so Great!!!!!! You saved $40.
    Now how about contributing it to IV?



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  • life99f
    05-21 07:34 PM
    Support!!!!



    We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy




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  • ajay
    08-16 11:23 AM
    I just wanted to confirm that it is ok to travel on AP via Dubai from Emirates without H1B stamp. Has anyone done this recently and can you share your experience? Thanks.

    - gchopes

    In Dubai when you come back you have to show your AP and supporting docs if they ask you to. I came back this July 18th.



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  • Billboard
    08-07 04:53 PM
    Hi,

    Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.

    1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.

    2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.


    Please help me understand if their concerns are valid and if not what is the remedy.




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  • jthomas
    07-05 05:52 PM
    Most of the active members would have done their calls to lawmakers and the list of provided. What's next. Can somebody keep it moving.



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  • lazycis
    11-29 04:00 PM
    United States Code
    TITLE 8 > CHAPTER 12 > SUBCHAPTER II > � 1154. Procedure for granting immigrant status
    ...
    (j) Job flexibility for long delayed applicants for adjustment of status to permanent residence
    A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed.

    So the 180 days count starts from the I-485 RD. Not even notice date.




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  • Libra
    07-18 10:36 AM
    My attorney says, they sent hundreds of applications and none of them returned. she says we dont have to refile, they are not going to send it back.

    Guys,
    Can any one explain his comments,

    "We presume some folks are still waiting on their July 2nd cases to be returned and are debating refiling new cases rather than waiting. Unfortunately, there is a risk of not getting the package back before August 17th and some people will need to refile without proof of the earlier filing."

    Shouldn't any application rejected on July 2nd have already reached our lawyer's office by now?
    Also, if my appliction, filled on July 2nd, has not been returned yet, shouldn't we assume that it will be accepted?



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  • ajay
    04-11 03:17 PM
    Check this link:
    http://www.germany.info/relaunch/info/consular_services/visa/transit.html




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  • riva2005
    05-21 05:32 PM
    Immigration Voice has taken a position against the bill in its current form. .

    And that is the position of everyone in this country except 20 insider deal senators.

    You offer amendments after you take position on the bill - for or against. Everyone does it. There are people who would oppose the bill both before entering the amendments and after their own amendments are passed.

    In the current position, the bill is unacceptable to us and it would be foolish to say "Thanks for screwing us with 90K, we accept it and support your screwing us".

    Have some dignity man...



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  • GCHope2011
    09-07 04:33 AM
    Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.
    I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.

    If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.

    Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.




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  • H1B-GC-NY
    03-10 05:16 PM
    Any I140 recent approvals regarding 3 years degree Education RFE?




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  • iptel
    10-17 01:28 PM
    Hi All,

    I have got fingerprint notice and appointment is after 3 weeks in Charlotte NC. I will not be available on that day and do not want to postpone the appointment.

    I would like to prepone the appointment and I tried to find Charlotte USCIS local phone number but could not find anywhere. The only number is general 800 number and that was of no use.

    Does anyone have any experience with Charlotte office? Can I just go there and will they do fingerprint any day before actual appointment? Charlotte is around 4 hours drive. It will be painful to drive there and find that they don't do fingerprint before appointment day. What day is normally good if I want to take the chance? Have anyone actually called them and prepone the appointment? What is the local office phone number?

    These are two many questions. But all are related. Sorry for being so long and thanks in advance for your response...

    rangeela....

    I from California so no idea about Charlotte office.

    Notice of Action that you received tells you things to be done in case you want to change your biometric appointment. Though I am not sure but vaguely remember you have to contact USCIS directly if you want the change. Hope this helps
    Good Luck




    royjonny
    06-19 01:16 PM
    Well the lawyer representing the new company believes that without a copy of 140
    1. that, they cannot do a H1B transfer.
    2. that, I cannot do EAD extension when it expires in October 2008.




    Refugee_New
    06-12 06:30 PM
    Try taking help from local senator office or even one of lead political figure(example first lady). A request from them makes things move faster.

    Thanks for your response. Do you have any idea how to proceed further?



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