Wednesday, June 8, 2011

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  • gee_see
    10-19 11:04 AM
    Could you point out some sites where salary issue is mentioned (impact of decrease in salary for AC21)?




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  • morchu
    08-01 12:09 AM
    There is nothing complicated here.

    Put your wifes status as of the 485 filing date. Means if you are filing in July/August this will be H4.

    You can travel in H4. Also no problem in changing status to H1 after october 1st. (She have an H1 approval doesnt mean she is NOW in H1 status. Her change of status is approved from Oct 1st). Please remember that if she doesnt start working in H1 on October 1st, technically, she will Neither be in H1 / H4 status on October 1st. Means she might fall under "adjustee" status.

    Assuming that your wife starts in H1 status from Oct 1st, there is no problem in travelling in H1. (she might need to get an H1 visa stamp though).

    The other option is she can fall under adjustee status and travel in AP, work in EAD.

    Also after 485 approval H4 status doesnt get "illegal" it just gets adjusted.
    (Well...... nobody can have two statuses at the same time anyway).


    Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.




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  • prince_waiting
    10-17 03:43 PM
    Fellow IVians,
    I was completely unaware of the fact that USPS does not forward USCIS mail to the forwarding address. I moved about a couple of months back and have been receiving my mail to the new address since then.
    My checks were encashed on the 12th of October, so I guess I would be receiving my receipts soon. But if the RN is not delivered to me and goes back to the USCIS will they consider my application to be abondoned? I have already executed G-28 forms and is it OK if my lawyer receives a copy of the RN.
    Also anybody has any idea if the USPS can hold my mail for a certain amount of time. I guess they do but just wanted to clarify.

    Thanks




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  • ramus
    04-27 04:51 PM
    Fond this..
    http://hagel.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=219529&Month=4&Year=2007

    Is this CIR in sanate?



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  • rajnag21
    07-18 05:30 PM
    Hi All,
    My company has filed my 140 and 485 concurrently at TSC. Labor was from new hamshire. Is that ok ?
    EB3 india Nov 2004




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  • ashkam
    04-22 08:51 AM
    Yes, I am 100% sure. One can move from H1-B to H-4 and then back to H1-B within 12 months and not get counted towards cap.

    Of course, if you some one wants legal advice, they would need to pay for it rt through a lawyers? That is given .

    You are incorrect. Please read my prior post. If you have an approved I-140, you can be on H4 as long as you want and still switch to H1B without getting affected by the quota.



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  • Bobby Digital
    October 22nd, 2005, 11:49 PM
    I think the first shot needs more light. The second and third are great!! Nicely done!!




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  • gc28262
    07-16 06:44 PM
    If you have an appointment letter and a relieving letter from your past employer, that should prove that you worked for that employer.

    A detailed experience certificate as mentioned above could prove your experience in the specified skillset.

    Here is another notarized affidavit format
    ------------------------------------------------------------------------------------------------------------------------------
    AFFIDAVIT FROM CO-WORKER

    I COLLEAGUE residing at COLLEAGUE''s ADDRESS being first duly sworn, depose and state that:

    I was an employee of COMPANY NAME, COMPANY ADDRESS from Month-Day-Year to Month-Day-Year.

    YOUR NAME was also an employee of company as a YOUR DESIGNATION around this time and I am aware of YOUR NAME�s responsibilities as we were colleagues.

    His/Her duties during this period included YOUR SKILL SET HERE

    If you need any more information please do not hesitate to contact me.


    Colleagues� Name & Signature

    Sworn to before me this on MM/DD/YYYY

    (Notary Public's signature & seal)
    ------------------------------------------------------------------------------------------------------------------------------



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  • cagedcactus
    11-11 03:38 PM
    In short... this backlog is not going away, until everyone of us participates at state level, and starts making a difference.
    We must stand up and fight this unfair system. they are not going to do anything for us, if we just sit on our lazy behinds....




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  • aamchimumbai
    09-04 11:46 AM
    That means, after the forms signed, you got one year to apply for 485. Once applied, USCIS may request for another medical after 18 months.

    This is my understanding....

    My main question is:

    Comparing two forms there are 4 additional tests recently added in the new I693 form. I needed to know if I can file my I-485 without any issues with the medical completed in May'08 or need to fill out the new form again with new set of medical exams?

    I am trying to understand if USCIS will send an RFE because my I693 (may'08) form does not have these 4 additional tests.



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  • SAPGURU
    07-13 09:04 PM
    I was searching on internet and this is what i found on Murthy.com.
    --------------------------------------------------------------------------

    Recently, the Nebraska Service Center (NSC) provided instructions on how to notify them regarding an earlier priority date (PD) when filing the I-140 and I-485 for an individual. It is possible to transfer a PD from one employment-based green card case to another, filed for the same individual, if the first case has reached the point where the 1-140 petition has been approved. Similarly, it is possible, in certain limited situations, to transfer a priority date from an approved I-130 petition to a later family-based filing. On occasion, however, it is difficult to make the service centers aware that the beneficiary has an earlier priority date.

    The NSC, on June 14, 2005, provided instructions for a person filing a petition and requesting an earlier priority date based upon a previous case. A brightly-colored, flagged sheet of paper should be included to indicate that there is an earlier priority date. A copy of the prior I-797 Approval Notice of the I-140 petition should be inserted directly behind the brightly-colored sheet of paper. Though the NSC did not indicate where this should go in the filing, it is generally best to put such requests on the top of the filing or directly behind the cover sheet, to maximize the chance that it will be seen and acknowledged. This will avoid a rejection of the file, based on the priority date not being current, and a needless delay in processing the new filing.
    --------------------------------------------------------------------------

    Is that mean i can file I-485 with my previously approved I-140? I have also drop an email to my HR regarding the same. We do not have direct access to Attorney as every thing has to be directed by HR.




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  • minimalist
    04-17 01:35 PM
    you should have been OK to go out and get back in, assuming you get the Visa. Probably you can do the same even now, if you do get the Visa.

    I know one person who was working on OPT and their employer filed for h1. She continued to work while waiting for USCIS approval even though the OPT expired.
    Finally when she did get the decision on h1 that it has been denied, she consulted a lawyer, on their advise, left the country immediately and got back in on H4. However, it was less than 180 days since her OPT expired.

    I am not sure how the o1 works or if this info may be relevant to you.
    Hello,

    Thanks a lot for your answers.

    Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.

    I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.

    Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.

    I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.

    When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.

    I will be very grateful if you can give me your point of view about my case and share your experiences.

    Thanks a lot



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  • pappu
    10-01 11:03 AM
    Once your Priority date of a category is current and namechecks are cleared, it is First in first out within the country quota. At that time, earlier priority dates do not matter at all. What matters is how early you applied for your I485 (date the application was physically received by the center, and not the date a notice was sent).




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  • kumjay
    06-28 03:49 PM
    It's 1947...Now we know not to listen to you :p
    Yeh....1947. Sorry about that.....



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  • psaxena
    06-10 05:39 PM
    wow thats a news.. as your alias is "vivid" write something "different"(vividh) which we dun know.

    USCIS tops any other US pubic office in these 3 qualities
    1. Most greedy
    2. Most arrogant
    3. Most inefficient
    Reason is simple, their customers are mostly non-US citizens. Their prime objective is to earn as much money as they can for the US treasury, if that means 'Screw Immigrants' than let it be, who cares ?
    So any positive things like 10 years EAD/AP are dreams which will never come true...We should certainly put our case for 3 years EAD/AP combined document.




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  • she81
    07-27 08:58 PM
    Can't you upgrade your 140 application to premium (when it becomes available) in that case? Just for peace of mind.

    I 140 and 485 filed concurrently.
    Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)

    will it create any issue for my GC ?



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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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  • pdakwala
    06-26 12:20 PM
    There is expected to be another vote on Thursday evening to move towards limiting the debate on the Bill and a final vote is expected to be by Friday.

    The bill have got more than 60 votes on the cloture motion. Under the "CLAY PIGEON" maneuver the likelyhood of this bill passing from the senate is very high. In order for this bill to pass it needs only 51 votes.

    So IV membes please get ready for the fight. We will need members to be active for next few days and weeks. May be months.




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  • jsb
    01-27 12:53 PM
    Hi,
    If anybody has used a lawyer for AC21, please post the lawyer details and their cost.

    Thank you.

    Question is why do you need a lawyer for AC21. It does not require any action, unless USCIS asks for confirmation of same/similar job offer. In any case, if you choose to take some action, just send copy of new job offer to UCSIC (by your your new employer that they have a job for you when you get your GC). The letter should have job details same/similar to what you were sponsored for.

    When lawyers want to do this, they do so only to make some money.




    ItIsNotFunny
    12-02 03:46 PM
    How about you become core member and involve in overall efforts related to lobbying.

    I promote more direct efforts like rally, mails etc than lobbying.

    I never said current core members are not doing their job. I said that lobbying companies may be over charging where we don't have control.




    LostInGCProcess
    09-04 01:56 PM
    Also, if i-140 is revoked , that should trigger NOID or RFE which the lawyer will handle (hopefully successfully).
    GCCovet

    Remember, the NOID/RFE goes to your Attorney if you have submitted G-28 form. If not, it comes to you.



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