Tuesday, June 14, 2011

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  • meridiani.planum
    06-01 08:01 PM
    I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.

    its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).





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  • antihero
    12-01 12:06 PM
    It's not your airline but your transit stop. If your flight is through London, you'll probably need a transit visa, but check with someone.

    the flights that I have booked fly via doha, qatar.

    i have heard that even in the case of london, transit visa is not required if the passenger has a valid document to enter his/her destination. which means that an indian citizen must have an indian passport while going to india, and must have a valid visa for usa if going to usa. i have heard that many people unnecessarily obtain transit visa for britain where none is required. one can check british govt websites to confirm this.





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  • vgghanta
    05-24 10:01 AM
    I am a Pharmacist. Changed the employer oct 2006. Had my perm filed thru previous employer and also I-140 approved thru previous employer in Aug 2006. My new employer has initiated the process for PERM. What will happen to my case? Will I be under old system or will I go under merit based system.

    If I go under merit bases system what would be my chances? I have Masters in Pharmacy from India and has 3 years of US experience.

    Someone please advise. I guess I have to repent for changing the employer.





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  • GCBy3000
    09-15 05:03 PM
    My argument is it better to take a side on immigration issue or not. Maintaining status quo is better than including some releif for legal immigrants. I bet people in US like legal immigrants to legal immigrants, but how many people is ?. Will this favor any politicians to garner some votes or will it back fire? No one knows and that is why I said at this time of election period, it is better for them to maintain status quo than favoring legal immigrants.

    If they pass something for legal immigrants for sure they are going to lose some votes who are favoring illegal immigrants which is bigger number than people favoring legals. So I dont think they will take a risk at this time to favor legal immigrants in any bills if at all there is one before the election.

    I am not sure if this is entirely true. Yes we can't vote but folks who are pro-immigrant can and they will decide if legal immigration is good for this country or not. Trust me, if everyone was against legal immigration in this country then none of us would be here in the first place. Everyone knows that there is a shortage of labor and migrants are needed to fill the jobs. ............
    .



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  • HereIComeGC
    11-15 03:18 PM
    Nope. Management activities fall into a different job code and you will be breaking AC21 rules by taking up this new role.

    If your employer is cooperative and your lawyer is willing write the new job description to fall into the engineering category and not management, you may be OK. But if it is an "awesome" company as you put it, I doubt they will be willing to manipulate your job description.

    Anyway, check with them and the lawyer before you give up.

    Good luck


    No Sir..Management is also included in 15-1031.00 - Computer Software Engineers, Applications. Here is quote from O*Net

    "Supervise the work of programmers, technologists and technicians and other engineering and scientific personnel."

    Link: http://online.onetcenter.org/link/summary/15-1031.00





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  • kisana
    04-11 07:55 AM
    I have couple of questions

    1. There is question "Have you ever applied for Online Authorization form USCIS". My answer to that is yes. But in the "Date of application" what should I write. It should be the date on which EAD was issues from EAD card, or date which apparead in receipt notice.

    2. Also there is question "Please provide information concerning your eligibility status:", what should I provide in that text box.

    Please suggest.



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  • optimist578
    03-18 01:05 PM
    Most of the pro-immigrant bills donot seem to have cosponsors, whereas, the anti-immigrant/security-enhancing/american-jobs-protecting bills have a lot of support.

    A small list of bills I found somewhat relevant to our issues...
    -----------------------------------------------------------------

    H.R.133 : To amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens.
    Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (5)

    H.R.938 : To amend the Immigration and Nationality Act to make changes related to family-sponsored immigrants and to reduce the number of such immigrants.
    Sponsor: Rep Gingrey, Phil [GA-11] (introduced 2/8/2007) Cosponsors (17)

    H.R.19 : To require employers to conduct employment eligibility verification.
    Sponsor: Rep Calvert, Ken [CA-44] (introduced 1/4/2007) Cosponsors (24)

    H.R.132 : To impose a criminal penalty on an alien who fails voluntarily to depart the United States after securing permission to do so, or who unlawfully returns to the United States after voluntarily departing.
    Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (2)

    H.R.98 : To amend the Immigration and Nationality Act to enforce restrictions on employment in the United States of unauthorized aliens through the use of improved Social Security cards and an Employment Eligibility Database, and for other purposes.
    Sponsor: Rep Dreier, David [CA-26] (introduced 1/4/2007) Cosponsors (24)

    H.R.842 : To provide for enhanced Federal, State, and local assistance in the enforcement of the immigration laws, to amend the Immigration and Nationality Act, to authorize appropriations to carry out the State Criminal Alien Assistance Program, and for other purposes.
    Sponsor: Rep Norwood, Charles W. [GA-10] (introduced 2/6/2007) Cosponsors (None)

    H.R.131 : To impose a mandatory minimum sentence on a deportable alien who fails to depart or fails to attend a removal proceeding.
    Sponsor: Rep Gallegly, Elton [CA-24] (introduced 1/4/2007) Cosponsors (1)





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  • Canadian_Dream
    11-30 02:18 PM
    Can you put the exact working of the status ?

    Is it one of the following ?

    Current Status: Notice mailed welcoming the new permanent resident.

    or

    Current Status: Document mailed to applicant.

    or

    something else.



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  • wa_Saiprasad
    12-14 10:09 AM
    Well you can always get the Equivalence Certificate from know Evaluator. USCIS also uses few Evaluators’ for various purposes. You should find one of those and get the Evaluation done by them. 3 year Indian degree is VERY MUCH equal to a 4 years BS degree in the US. It's very interesting they way these evaluators do it.





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  • priderock
    06-16 01:59 PM
    Once you file for 485/AP/EAD, I guess the rule is that you cannot switch jobs for 6 months.....

    1. can we choose the start date of our EAD or does USCIS decide that date?

    2. can you have separate start dates for you and your wife's EAD?

    3. does the new job have to be exactly the same title or can it be a new title? e.g. if your current role is a software engineer, can the new one be a Project manager?

    thanks

    1) You can stay in your H1 status (assuming you are currently on H1) even after applying and getting your EAD. You can decide when to use your EAD.

    2) Your wife can start using EAD even though you are still on H1.

    3) You can use AC21 provision and change to a different company provided:

    a) Your I140 is approved
    b) Your I485 is pending for at least 180 days
    and
    c) The new job is significantly similar to the existing job. Must be doing at least about 60% same tasks. (Ex : Developer to a Tech Lead or an architect). Developer to Project Manager , I doubt.

    Note: I am not a lawyer , seek legal help in doubt.



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  • vaishalikumar
    08-05 09:33 PM
    Who gets the AP (Advance parole) document from USCIS , candidate or lawyer who filed it ?





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  • unseenguy
    05-16 03:14 PM
    Choosing Consular processing vs AOS is a very tricky question. Lot of things come into picture:

    A) Job security , stability etc. and current & future job prospects.
    B) Personal situations such as whether EAD / AP benefits are required.
    C) Country of chargeability.

    Marking Consular process on I-140:

    1) Benefit is that you can file I-485 any time the dates become current. Those who are long away from their PDs should consider this option. Because by the time your PD gets current you may also get an appointment in Consulate. It takes 4-6 months after I-140 approval for a case to go to the consulate.

    For those from retrogressed countries, this option is beneficial if you are far away from your PD.

    For those from non retrogressed countries , this is not a good option as you can file I485 immediately and there is no need to travel to home country. Today the I485 processing for non retrogressed country is faster than that of retrogressed country.

    Marking I485 on I-140:

    This option is also beneficial for both non retrogressed and retrogressed countries:

    1) In this option, you can file concurrent I140 and I485. Hence this option is beneficial to those who are able to file applications concurrently.

    2) You can switch from from this option to consular processing pretty quickly. Most consulates around the world accept Attorney certified I140 approval. Once you file I824, the consulate will accept your "AC I140", and I824 receipt notice. However if you marked consular processing on I140 to start with, the consulate will not accept AC I140 and you will have to wait till it reaches the consulate.

    So this option is beneficial to those who are perennially from retrogressed countries and have seen wide swings in visa bulletin. At opportune times, you can file I485 if the PD is current by using concurrent filing and then you can ask for AC I140 appointment as soon as dates become current.



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  • Savi
    07-07 09:47 PM
    And here is the answer (unless I haven't digged back far enough!)

    http://immigrationvoice.org/forum/showthread.php?t=5990


    BTW, I am curious as to who first proposed this idea.





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  • nat23
    03-14 02:19 PM
    hello,

    My mother has 10 yr multiple entry visa. She is planning to travel from Bangalore India to USA through Lufthansa Airways. She has a stop over at Frankfurt airport for about 3 hrs. Does she need to get a transit visa for that. Any recent experience or suggestion? Thanks.

    When is your mother coming over? Whats her port of entry? My wife will be coming from Bangalore on May 20th through Lufthansa.

    To answer your question: You DONT need a transit visa if you have a valid US visa.



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  • dealsnet
    08-05 11:36 AM
    The sequence you mentioned is correct.
    I did received 3 same paper welcome notices !!!!
    Next paper notice received contain GC.


    Gurus / Recent GC Awardees:

    Can you clarify if the following Sequence of GC Issuance PRocess is correct, once Approval process is going on .

    1) Online LUD on Cases "Card Production Ordered" and subsequent Email.

    2) Online LUD Change as "Welcome Notices Sent" and Emails.

    3) Receiving the Paper WelcomeNotices (Are these Notices are deemed to be I485 approval notices ?? I have not yet received them)

    4) Receiving the Cards.

    Then What is "ADIT Processing" ? they mentioned in the Welcome Notices sent email.

    Any Info or guidance from Peers is highly appreciated . :)

    Thanks,

    My 485 approval process is going on. and above Two Steps were done. :) after a wait of 5 years.





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  • aviko21
    10-06 01:31 AM
    nah i did call my lawyer who told me that i will recieve the AP and to fax him a copy for his files when i eventually do get it!



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  • raysaikat
    01-20 07:47 PM
    According to federal law, if you've had coverage for 6 months prior to changing your coverage to the new insurance, they can't refuse to cover pre existing conditions. They may try, I just had to fight this out with CIGNA. They lost. However if you let your coverage lapse, you can get hit with this.

    If you are talking about HIPAA, then that generally applies to group plans (offered by your employer), not individual plans that we are talking about in this thread.





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  • LostInGCProcess
    01-08 11:21 AM
    LostInGC,
    Why did you use AP if you had a valid H1-b?

    Because I did not have H1 Visa...just H1 document. I went on a very short trip to India and I didn't want to make trips to Chennai consulate and who knows if I got stuck with some kind of verifications...or other delays...Thats why I opted for AP.





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  • arunmohan
    03-06 11:19 PM
    I will fax it on Monday.





    JunRN
    05-16 02:55 PM
    My friend is in the I-140 stage of green card processing
    She needs to choose between Counselor Processing or I485

    Which one is better Counselor Processing or I485 ?

    Your feedback is greatly appreciated

    It is easier to convert from Consular Processing to Adjustment of Status (i-485) than the other way around. So, she can choose Consular Processing for now if PD is not current and then, once PD becomes current and she's still here in US, she can submit I-485.





    miguy
    06-16 12:18 PM
    Once you file for 485/AP/EAD, I guess the rule is that you cannot switch jobs for 6 months.....

    1. can we choose the start date of our EAD or does USCIS decide that date?

    2. can you have separate start dates for you and your wife's EAD?

    3. does the new job have to be exactly the same title or can it be a new title? e.g. if your current role is a software engineer, can the new one be a Project manager?

    thanks



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