Wednesday, June 8, 2011

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  • kaisersose
    05-29 11:17 AM
    Gurus,

    I currently have an EAD (Received it in September 07) and my PD is July 2003 and I am on EB3. I am close to getting an offer with another company and I have a few questions:

    1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

    2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

    3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

    Thank You for answering my questions.
    KC Indian

    1. My EAD is up for renewal and will there be any problems renewing it If either I am with a new employer or in between jobs when the application is being submitted?

    -- No.

    2. My current employer will hand me my I-140. Can I restart my GC process with my new employer and still maintain my old PD of July 2003?

    -- You do not have to restart anything if it has been 180 days since 485 filing and I assume it is the case as you have an EAD since last year.

    3. If I restart my GC process, do I have to start my Labor and I-140 as well or do I just re-file my 485?

    -- You are fine as you are. There is need to restart anything. The provision is called AC21 and you can google it for more info.





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  • JunRN
    12-18 05:35 PM
    So USCIS is still reviewing I-140 even at I-485 stage. That is scary if your I-485 is at different service center than your I-140 approval.

    This is really a very scary ride. Hope we can all survive.





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  • Alabaman
    10-11 01:05 AM
    Does it mean that if you get a receipt number in the case of an H1 transfer your case would definitely be approved?? i.e. Receipt number = Transfer approval?? :confused: Anybody familiar with the transfer process should please enlighten.

    It seems you can start working as soon as the application is sent out. This was the advice given to my firend by his attorney.

    He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.

    So to be on the most safe side, wait until you get the receipt number.
    But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.





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  • SGP
    09-27 10:43 AM
    Thanks once again for the reply.

    When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?

    Thanks

    Omi.

    Sailing in exact same boat. Surely will appreciate replies from Raj.



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  • uma001
    11-16 04:57 PM
    Hi,

    My educational background is Bachelor of Engginerring in Computer science.

    I came to United states in December 2006. when i came i was having six years of experience.

    My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.

    I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.

    When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.

    I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.


    "SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"

    I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.

    What will happen now ?

    What type of document i should provide to USCIS for this query?

    Will my I - 140 get approved ?

    Thanks & Regards,
    Raj..


    Is your green card filed under EB2 or EB3?





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  • vinki
    10-27 12:54 PM
    Hi !
    I recently got my EAD. ..but I have not yet got a job..... when should I apply for SSN ? :confused:

    Thank you in advance....

    Vinki.



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  • GC9180
    06-03 08:05 AM
    06/03/2009: Increasingly Hostile Environment in the U. S. Against H-1B Foreign Workers

    H-1B foreign worker visa program has been facing hostility all over lately. Introduction of H-1B restriction bill in the Congress is just one environment that has been widely publicized. However, at the administrative level, the H-1B visa program has been going through a number of problems without much publicity. For Fiscal Year 2010 H-1B program, unlike previous years, there is a short of H-1B petitions to fill the annual cap this year two months after the agency first started taking in the petitions beginning from April 1, 2009. On the surface, the workloads of the new H-1B petitions have been substantially reduced for the agency, but in reality, the employers that filed the new H-1B petitions have been facing tons of boiler plate Request for Evidence demanding tons of documents over and over causing tremendous delays in adjudication of the petitions. The hostile environment does not end with the new H-1B petitions. Report indicates that the H-1B workers are increasingly stranded abroad not being able to obtain the visa stamp abroad pending so-called protracted security checks and consequently not being able to return to the U.S. to resume employment. Should this environment continue, the business environment for the U.S. businesses will continuously deteriorate and the businesses will continuously suffer unless they take out their businesses and jobs abroad to meet the needed workforces in order to stay in business in increasingly competitive global economy. Nothing will be able to stop the offshore outsourcing of the U.S. businesses. This is something the Obama Administration should think about very quick before too late.
    source:http://immigration-law.com/


    Donot be suprised to expect more, one of my friends at IBM got letter (from IBM attorney) asking to state client location etc..I think it could be based on any new USCIS H1B rules or verification ??

    How things change over time..1999 and 2009 opposite in almost most ways. job offers, rates, hostility, length of job contracts etc





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  • Hong12
    02-06 01:58 PM
    Thank you very much for your help. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
    I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:

    Form DS 156
    - Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
    - Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
    - Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
    - Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
    - Question 29 (Have you ever been in US?):
    For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
    Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?

    DS 157
    - Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.

    Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.

    Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.



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  • gaz
    09-02 06:47 PM
    not a red-dotter - but i do believe we should leave the forums open to talk not just about immigration but also immigrant related issues.

    this will help draw more people towards IV who can then contribute to IV core agenda in any way feasible for them.

    also will motivate people to hang around IV even once they get their GCs or Citizenship.



    I got 2 red dots for this .....Crazy people





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  • jsb
    10-24 04:04 PM
    Yes Sir...I am in the same situation...My Checks cleared on Oct 10, 2007 and I got my receipts on 10/16...Those receipts starting with SRC0800XXXXXX are not available online upto 10/22. But when I check status online on 10/22 afternoon...My and My Spouse EADs are approved and Cards Ordered. But rest of the Receipts still not available online.

    My receipts starting with SRC0800xxxx are still not in the system either. It is told that it takes a few days to get them in the system.



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  • zamoo
    09-03 01:41 PM
    Hello Folks,

    I'm Aug-2005 EB2-I.

    Haven't received my GC yet.

    I think, based on various experiences mentioned here, opening a SR, taking local immigration office appointments, etc is a way to get USCIS to look at your file.

    I also read, if there was a pending EAD renewal, your case might get looked at and instead of renewing your EAD, USCIS will rather give you GC - provided PD is current and there are no other issues.

    I know none of these 2 things have a documented backing...apart from people's experiences (which, I value a lot - don't get me wrong there).

    My EAD was also up for renewal - filed in June. Got the "card production ordered" e-mail @ that yesterday. And, no change on the AOS case.

    So, should I take other steps @ my AOS case - like, opening a SR, taking IO appointment, etc ?

    Thanks





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  • pappu
    07-22 10:50 AM
    It is a bit early. No checks will be cleared except the legal fee checks. :)



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  • antwoods
    07-06 01:57 AM
    I'm a little confused about my options in starting my H1 extension process and applying for my wife's H4 application.
    Here is my current status :
    6 yr H1-B period is ending on Dec 22, 2009. I'm getting married in India in October and will apply for my wife's H4 immediately after. Here are my questions :

    1. Will there be any problem with my wife's H4 application if there are just 2 months of validity left on my H1 visa?
    2. I could potentially start my H1 extension process now. I'm eligible for a 3 year extension since the Priority date of Jan 3, 2006, on my EB2 application is not current. If I was to start my extension process now, my approval may not happen before October and my lawyer says there may be some problems if I travel outside the country on a pending H1 application. Should I apply for my H1 extension now or after I come back to the US in November?
    3. If I was to apply for H1 extension in Nov and don't get an approval by the time of my current H1 expiry in December, will I be out of status?

    Thanks.





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  • Ann Ruben
    01-12 10:15 PM
    You raise an excellent question--and one to which, at present there is no authoritative answer. The statute and regulations are silent on the issue and USCIS has not addressed it in any policy memo.

    I would argue that because the purpose of AC21 is to protect protect foreign nationals (and the US employers who depend on them) from the uncertainty and disruption resulting from lengthy and unpredictable quota delays, denial of the I-485 should not result in revocation of an approved H-1 extension. This is especially true if a non-frivolous motion to reopen and reconsider the I-485 denial has been filed. I am not aware of any AC21 H-1 being revoked by USCIS based on an I-485 denial.

    Moreover, an I-485 denial does not invalidate the underlying I-140 which would remain valid unless revoked for fraud or misrepresentation. For example, if the I-485 is denied because it was erroneously filed at a time when the PD was not current or because the medical indicated that the applicant had infectious, untreated tuberculosis, consular processing would still be an option.



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  • SGP
    09-28 03:32 PM
    Thanks once again for the reply.

    When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?

    Thanks

    Omi.

    Omi, Mr. Raj would be having a free conference call in which you can ask questions. The call as of now is set for Oct 7, 2010 at 6.45PM EST. Follow the thread "Next Free Attorney Call" on IV for details

    Thanks.





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  • Macaca
    07-17 11:11 AM
    Here is my classic quote:


    Please accept my humble and sincere "Shame on You" compliment, if you fit all of the following:

    Have IV ID OR visit IV as guest.
    Been visiting IV forums for 1+ month.
    Have not contributed a single penny to IV. [MOST IMPORTANT]
    Will benefit (and/or ARE BENEFITTING) from IV.

    I wonder how you can live with yourself benefiting from the sweat of others.

    Please help yourself by contributing asap.



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  • pappu
    04-12 01:16 PM
    Please add Immigrationvoice links on other related topics in it. I tried doing that some time back but then saw them removed.

    Any wikipedia experts here?





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  • kaisersose
    07-27 12:57 PM
    There was a joke on something similar. I hope no one finds it offensive. It is just plain funny.

    This guy walks into a sex doctor's clinic and begins with "My friend has a problem..."

    Doctor: Ok..Take off your pants and let us have a look at your friend.





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  • jskumar
    09-05 10:33 AM
    I received RFEs from my attorney and mine is on BC and my wife's is on Marriage Certificate + marriage photo and USCIS requested me to submit non avialability ceritifcate. I do have a BC with all the details but registered date is oct,2007 (That's when i applied for BC) instead of old date.

    Is it a problem ? Do i have to submit anything more

    Please advise

    Thanks in advance

    It needs to with in 1 year. Can we get a non-availability certificate stating there no BC registered with in 1 year of birth date?.





    cox
    January 2nd, 2005, 06:27 PM
    Hi Gary,
    I don't do studio stuff, so I can't advise on lighting, and you already have a lot of expert advice there already :)
    My observations are; I think the glass itself looks great, but the red ornaments in #2 are distracting. Obviously a matter of taste since jpreston likes them. The background, keeping in mind that you improvised, has horizontal folds that I found distracting. A piece of black velvet or similar material would fix that, and isn't too expensive if you stick to one or two. I think the backgrounds become expensive when you buy a variety and have the means to move them around quickly to increase paying studio throughput. I think both images look good in general.





    vallabhu
    11-29 03:26 PM
    My attorney received a letter saying "Intent to Deny" reason being not having Mats in graduation.

    But the fact is I have Maths and I did 4 Math courses in graduation and provisional clearly shows maths1, Maths2, maths3, maths4.

    Letter says Vallabhu has done Courses in Sanskrit,English, Physics and Geology but nothing in Maths.

    and This how each year of transcripts look like

    Physics1
    Maths1
    Geology1

    Physics2
    Maths2
    Geology2

    Physics3
    Maths3
    Maths4
    Geology3

    I don't know how can he miss Maths from this.


    Does any one else heard/faced a similar issue in the past.



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