Sunday, June 19, 2011

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  • go_gc_way
    08-15 07:49 PM
    If you are sick of the GC retrogression and Canada is not your cup of tea, UK is another option for you. You can calculate your points online to see if you are qualified for the UK Highly Skilled Migrant Programme (HSMP). It is always good to more than one option.

    http://www.workpermit.com/uk/hsmp_calculator.htm

    :cool:

    Thanks for posting this information, I was looking for it.




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  • anilsal
    01-08 05:15 PM
    the latest passport information once you got it..




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  • skgs2000
    10-14 05:57 PM
    This does not give you EAD status. It is just a pre-registration. EAD is given at actual I-485 filing and not at pre - registration.

    And this rule has been discussed by USCIS over for few years, but never implemented. And implementing it only adds one more additional step to the journey, with no EAD benefits.




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  • GCBy3000
    04-15 07:35 PM
    I agree as long as you have filed your 485 and 180 days is passed. But in my case, I have not even crossed the labor stage. It was pending with BEC when my company asked me to move. I tried a lot to convince my attorney thinking that I might miss the boat of 485 if at all it becomes current, but it did not help.

    THe LPR clearly states that it will become void if any of the below changes.

    1. Job description
    2. Location
    3. Something else, I dont remeber.

    The above will not come into effect, if you had crossed 180 days of 485.

    Also my attorney told that USCIS will not be able to find from where I file from 485, but it is risk on my part when I go for naturalization. Also if for some reaosn a RFE is issued, any company will tell the truth and the beneficiary will be in trouble. So it is always better to file a new labor unless the beneficiary is intened to move back to original location during the adjucation process and stays at that location for 6+ months.

    I dont understand how you got away with this one after changing the location. With your example, the locational requirement of LPR does not make sense at all. Anybody can file LPR anywhere and move anywhere as long as 485 takes more than 180 days. One can deliberately file 485 with improper documentst to delay the approval and getaway. Double check with your attorney on this one and playing safe is not bad idea at all with the current USCIS mess and immigration laws.

    AGAIN, I THINK WHEN YOU FILE YOUR 485 you have to be working in the location as stated in your LPR AS PER THE LAW, eventhough USCIS will not be able to find it. Before PERM, there was a column to state the beneficiary will work anywhere in US. But this not available anymore with PERM. The bottom line is the strongest part of LPR, "THE LOCATION", does not make sense at all.

    By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.

    Here is the deal when changing the location while GC is pending:

    1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.

    So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.

    2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.



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  • gdr_09
    04-19 10:54 PM
    How did it get approved? Did u transfer u'r H1B to another company, after it gets denied?
    Please share u'r experience.




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  • BMS1
    07-19 10:22 AM
    My understanding is that to file for I-485 one needs to be in valid non-immigrant status (which your spouse does not have as of july 17th). After a valid I485 filing, there is a relief of 180 days as per 245(K). I could be wrong. It was a serious mistake not to have filed before July 16th. But nevertheless worth a try. If USCIS does not reject the filing, you need to be careful, not to let your spouse stay inside US beyond 180 days counting from July 16th. Since at a later stage, should the application be denied,a lot more can go wrong.



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  • indianabacklog
    11-10 04:04 PM
    You can volunteer in a role that is always undertaken by individuals who are volunteers, such as in a hospital setting. In reality if you are volunteering for a for profit they are really getting unpaid assistance which technically should be done by an employee.

    If you go serve dinners at a homeless mission or work as a hospital volunteer for example then you are just fine.

    I do have this information from a lawyer incidentally as this question arose in our family.




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  • tyson
    01-11 11:38 AM
    Guys: One way to get involved is to find Congressional candidates (especially Republicans) and educate them. If you really want to push them along, ask can you help with their campaign.

    For example, Eddie Adams in the Tampa Bay Area, is more open to discussion than the current incumbent. And, if he can be found open to backing legislation to expedite the Green Card process; then this movement has a new friend.

    He is certainly (like most Republicans) no friend of illegal immigration. But, he might be open to pressuring the USCIS to move the legal immigration applications along.



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  • needhelp!
    09-16 01:39 PM
    Same thing you used your Cingular minutes for :)
    This will be your second round of calls.

    Calls to ?




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  • lost_in_migration
    11-08 02:05 PM
    Why are number of I-485 less than number of I-130

    I-130, Petition for Alien Relative
    I-140, Immigrant Petition for Alien Worker

    Both require a I-485 to adjust status



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  • cooldude
    07-27 10:06 PM
    My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
    I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
    Please reply. Thanks a lot.


    I am not sure.




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  • redgreen
    10-08 06:26 PM
    Since H4 is a derivative visa depending upon an H1, as long as the H1 is valid you can be in that status also whether you use EAD or not. However you can not be in H1 and using EAD. You have to get a new H1 to be again in H1 after using EAD. Anyway how does it matter whether it is valid or not? It becomes a problem even for H1 visa holders, only when I-485 is rejected.



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  • immi_seeker
    07-14 01:57 PM
    I have a similar issue, Applied for a EAD that is expiring in Sep08 on June10th08, Got EAD approved from NSC on July7th and saw that the new EAD Card is valid from 01/01/08 to 01/01/09, so in effect its extended by 4 months.

    Planning to call NSC to see what I can do,

    Ok, so it maynot be neccessarily be a typographical error as i thought, unless all the cards that have been approved on july 7th had this erro. pls let me know what you find. Usually7 level1 officers have no info..so try to see if u can reach a level3 customer officer..i will contact uscis again this afternoon and will post the outcome.

    btw, what is ur PD & categoru




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  • Mohit_Malkani
    02-25 04:12 PM
    Guys,

    The I140 processing dates for VSC show as 1 April 2006 and have been the same atleast for the last 1 year. I called customer service but couldnt get a straight answer from them - the standard bs about RD being well within standard processing times etc. Anyway, does anyone have an idea about this issue???

    :mad::mad:



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  • mhathi
    02-25 02:51 PM
    The processing date listed is the received date of the oldest case that they have not adjudicated or pre-adjudicated yet (maybe due to some problem). It does not mean that cases filed after April 2007 are or will not be adjudicated.




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  • smileyslimey
    11-30 08:59 AM
    Hi,

    My current H1 expires in Nov 2007 and I am working in the oil and gas field. I am also pursuing an MBA which will end in mid-2008. My current employers have started the PERM process and hopefully I will have an approved I-140 by mid 2007, so that I can get renewals at that time.

    The question is that if I want to shift to another industry, say consulting or supply chain management, after my MBA is over, can I get a new H1 from my would-be employers? That is while I am on my current I-140 renewal with an oil and gas job description? I will have exceeded my 6yrs by then, anyway.

    Any advice will be appreciated.
    Thanks.
    Regards.



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  • ARUNRAMANATHAN
    06-11 02:23 PM
    bump




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  • srikanthmavurapu
    08-16 04:03 PM
    It all depends if you have a written agreement that prohibits you from working with the current employer. If there is no contract, you are safe. It seems that there is no such contract that either you signed with your ex-employer or middle-men.

    If your employer doesn't pay you the salary that he agreed to (in writing), then you can be sure that DOL will ask your employer to pay a fine and pay you the salary. I would suggest that if he does or does not sue you, you better complain to DOL that you weren't getting paid. This will no way this will affect you.

    In the Employee Agreement which i signed there is clause saying i cannot work for the same client directly or indirectly for one year . I don't think i signed any contract with ex-employer or middle men. I don't even have the copy of contract document(purchase order) when i got this job offer at this client.
    I will complain to DOL just thinking to talk to a Lawyer first but i will complain to DOL this week at any cost.
    Thanks,
    Srikanth




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  • immieb2
    10-14 09:04 AM
    I went to the Chennai consulate in July 2008 with blue jeans and bright colored T shirt and I got my H1 visa stamped. No issues. But I sure felt like the odd man out there, NO ONE else was wearing a jeans and shirt. At the interview she asked me how is the weather in Michigan, that's about it..



    Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.

    Thanks!




    VivekAhuja
    06-04 02:22 PM
    A few months of bank statements (with most recent balance)+ your tax docs for last year+ W-2 and most importantly a letter from your employer saying how long you have been there, salary and benefits, if any - should suffice.




    rajuseattle
    04-27 07:55 PM
    According to USCIS's interpretation of the backlog the pending applicants from retrogressed countries do not count as the backlog because they can not process those petitions until VISA dates moves further.

    I hope once they make this information available on their WEB site or to respond to IV's request to disclose the pending AoS applicants based on country of chargeability and category, we will know how many AoS pending and can judge how long it will take to receive our GCs.

    I am glad atleast they r acknowledging the fact that their is backlog and they are serious about clearing the backlogs. I can imagine the July-Aug 2007 concurrent filers are now receiving their I-140 approvals. In this bad economy one need to have I-140 approval to use AC-21 provision in case of layoffs.

    No hopes on CIR , that debate will be their for a while until economy starts improving, until then no reform or any releif for legal immigrants....people just talking baout US protectionism and bla bla bla...nobody cares few thousand indians and chinese applicant's petitions rotting in the USCIS service centres for years for no VISA numbers.



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