Saturday, June 11, 2011

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  • omved
    05-06 02:20 PM
    Thanks every one for your valuable suggestions. Now I feel more confident replying for RFE..

    Radhay..no they haven't asked for any pay stubs..





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  • frostrated
    08-18 12:56 PM
    Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
    Btw, i am on AOS if that is what was meant from my legal status..

    Thanks for all the responses to my thread so far..
    The employer can change the contents of the offer, as long as it does not affect the job functions. GC is just a by-product of the job offer. Since you no longer work for the employer, you do not have any basis for recouping the costs. If you are in AOS status, it requires that there by an underlying immigrant petition by an employer. In your case, the employer on your petition no longer employs you, and therefore, if you go by the book, you are not in legal status. Rather than try to get money from your old employer, I'd suggest that you look for an employer who will take over your GC process. If you keep pestering your prior employer, they can revoke your I-140, which then invalidates your EAD and your I-485 application. So tread with care.





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  • small2006
    08-08 01:39 PM
    :(
    Hi folks,

    Here's my situation:
    Currently applied for 485 and waiting for receipt
    Will be applying for EAD/AP this week.
    I am working Company XYZ, in State A, City A currently and will be transferring to State B, City B within the same company, with the same job designation/description etc., absolutely no changes on that front and virtually no change in salary but in compliance with prevailing wage etc. for State B, City B.

    Also the transfer is not going to affect my 485 because of my 140 which said "relocation within the US may be necessary" and this was expected when I started my GC.

    The issue is with a technicality - my PERM was for XYZ, Inc and the same company in State B is called XYZ Engineering Inc, technically 2 different companies and that's because every state has its own rules as to how a national company can be registered/operated.

    Coming to my question re H1B:
    My corporate attorney says that due to this technicality, my H1B needs to be AMENDED which according to my GC attorney is the same as applying for a new H1B but not having to wait in line. My question is whether this will have a negative impact on my pending 485/EAD/AP in any way.

    Please advice. Anything will help.

    Thanks in advance.





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  • gc_buddy
    11-19 12:17 AM
    Hi All,

    My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..

    Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.



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  • swartzphotography
    May 23rd, 2005, 10:55 PM
    since this i believe is just a test shot i think most of what j said is spot on probably easier to just use a fill flash the 550 digital flash by cannon works great for that outside when you have shadows. in the future i would try composing with your subject off center some or filling the frame more to instead of hide her facial imperfections bring them out in high detail older people are far more interesting when you can see the wrinkles and imperfections of course these are all just my oppinions





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  • vdlrao
    05-11 04:35 PM
    smuggymba / getgreensoon1 / vdlrao

    While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers

    EB1 Spill Over --> EB2 with oldest priority dates --> EB2 ROW --> --> EB3 with oldest priority dates(India & China) -->EB3 ROW.


    Believe me, stopping EB1C fraud directly helps EB3 India.

    .



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  • Jennifer Aniston wedding



  • nirajnp
    09-05 08:41 PM
    Hi,

    My Wife is currently on H1B, but for personal reason she wants to quit her job and take a break from work for some time. She plans to quit some time in october 2007. But she wants to start working again sometime next year around June 2008. So here are my questions:

    1. When she quits her job in october 2007 is her status automatically changed to H4 or do we need to fill up an application to USCIS ?

    2. When she applies for H1B next year i.e. June 2008 will that be considered against the H1B cap ? If not, then can she apply around june next year to get her H1B, as opposed to applying early in April when the H1B quota gets full. Also if we apply in June 2008 will her start date be Oct 1'2008 or can she start working as soon as she receives her WAC/LIN number ?

    3. When we apply for H1B next year will they require some H4 stamped on my wifes passport ? We dont plan to go out of the country for a couple of years so we will not be doing any stamping (H4). Currently she has her H1B stamped.

    Appreciate your help.

    Thanks





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  • yogirajd
    11-09 09:02 PM
    Mine was EB2 before and after first RFE my attorney changed it to EB3.

    I don't understand Logic behind this.



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  • Jennifer Aniston and Vince



  • imm_pro
    05-15 11:15 PM
    This is awsome..also on the newsdesk..:):):):):)

    Feinstein, Lofgren use Iraq spending bill to push for guest-worker program


    05-15) 19:18 PDT Washington - -- Two of California's most immigrant-dependent industries - agriculture and Silicon Valley - are pushing narrow measures through Congress in an effort to employ foreign workers at opposite ends of the labor market, people who pick vegetables and the postgraduate engineers and scientists of Silicon Valley.

    Sen. Dianne Feinstein attached a farm guest-worker program to the giant Iraq spending bill today in a last-ditch effort to remedy a shortage of workers in California's produce fields as the federal government continues to crack down on illegal immigration and the political climate proves hostile to more sweeping measures.

    Rep. Zoe Lofgren, D-San Jose, teaming with Republicans, is pushing several bills to give permanent residence to top engineering talent.

    "It's an emergency," Feinstein said of the farm worker situation. "If you can't get people to prune, to plant, to pick, to pack, you can't run a farm."

    Her addition to the Iraq spending bill would give temporary legal status to 1.3 million farm workers over the next five years, but it would provide no path to citizenship or permanent residency. It passed the Senate Appropriations Committee 17 to 12 today.

    Workers applying for the program would have to prove they had worked on U.S. farms for at least 150 days or 863 hours, or had earned at least $17,000, during the last four years. They would have to remain working in agriculture for the next five years, when the program would expire.

    The move marks an end for now to efforts to give farm workers a path to citizenship after a sweeping immigration bill crashed in the Senate last June. Feinstein has been trying all year to attach a bill called AgJobs but has met nothing but dead-ends.

    Western Growers, representing California farmers, and the United Farm Workers of American union joined in backing the bill. Western Growers President Tom Nassif said large growers are accelerating efforts to move their farming operations to Mexico. The 15 growers out of several hundred who responded to a survey and were willing to talk about their plans moved 84,000 acres worth of crop production to Mexico this year, twice as many acres as last year, Nassif said.

    "Once the acreage moves to Mexico, it's there permanently," Nassif said. "Much of the remaining open space in California is agricultural land. If it's not farmed, we'd be growing condos or cementing it over with office buildings."

    The tightening of the border has made it increasingly difficult, dangerous and expensive for laborers to return to the United States if they leave, disrupting the traditional circular flow of farm workers from Mexico to California's fields in the Salinas and Central valleys. Most farm workers arrive illegally, and farmers complain that an existing guest worker program called H2A is cumbersome and ineffective. Feinstein's bill would streamline that program's rules.

    Growers are apprehensive about a new administration effort, temporarily stopped by a federal court, that would require employers to match workers with a valid Social Security number or be heavily fined. The Department of Homeland Security is refining the rule to get past court objections.

    United Farmworkers President Arturo Rodriguez said farming is facing "a very real emergency" and applauded the bill as a "critical but temporary fix to a much larger problem."

    Feinstein acknowledged that the chances of getting the bill all the way through Congress, even attached to war spending, is "uphill all the way."

    On the other side of the Capitol, Rep. Zoe Lofgren, D-San Jose, is teaming with conservative Republicans to try to push similar discreetly targeted measures for Silicon Valley. She has dropped efforts for now to expand the controversial H-1B program for temporary high-skilled workers, which again this year ran out of its 85,000 visas on the first day they were released. Lofgren said the program needs changes, given its wide use by Indian offshoring companies.

    Instead, Lofgren has introduced a passel of five small-bore immigration bills, among them one that would allow masters' and doctoral graduates from U.S. universities to apply immediately for permanent residence, skipping the H-1B program altogether.

    "Most people would agree if you get your Ph.D in engineering from an American university, you've got something to offer this country," Lofgren said. "Right now, we have no ability to keep those people here ... we send them home to compete against Americans. It would make more sense to keep them here to help us compete."

    Lofgren has even teamed up on one bill, to "recapture" unused permanent resident slots, with Rep. James Sensenbrenner, the Wisconsin Republican famous as the author of immigration crackdown legislation, never enacted, that was so harsh it led to the nation's first large-scale Latino protests in 2006.

    "What's happened is that with the shortage of very high-level people, multinational companies are sending their project teams offshore," Lofgren said. "Not only the top hot-shot leading the team, but all the support jobs that go with that hot shot. Among the people I've met is a guy who spent four years at Harvard, seven at Stanford's engineering school, then did practical training and has been here six years on an H1B, and he's in limbo. He's an extremely talented person and has no idea what his future is going to be. He's being recruited in Australia and Europe, and he's ready to bail out. What he needs is not more temporary time."

    Members of the Silicon Valley Leadership Group of business executives spent Thursday lobbying Congress on high-skilled immigration and tax breaks for solar energy and research and development.

    "This is no time to say to high-skilled workers in a global economy that we don't want you," said Barry Cinnamon, chief executive of Akeena Solar in Los Gatos. "We're happy to have that argument with anyone."

    E-mail Carolyn Lochhead at clochhead@sfchronicle.com





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  • whitecollarslave
    08-12 02:27 PM
    My I-485 got approved on Aug 7th 2008 from NSC. As far as i know my name check was pending during approval time.

    How do you know that your 485 was approved even if NC was pending? Does your GC - physical card or the approval notice/emails - indicate that your approval is contingent on NC?



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  • ItIsNotFunny
    11-18 06:03 PM
    I hope so.

    May be they are upgrading their systems, there was a post in this forums about uscis plans to merge 3 databases etc... may be its happening at last.:D





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  • walking_dude
    03-05 02:57 PM
    Some details are available here -

    http://www.azcentral.com/news/articles/0304senate-immig0304-ON.html

    Proposed measures -

    A bill by Sen. Jeff Sessions, R-Ala., who is leading the effort, would impose a maximum two-year jail sentence on someone caught crossing the border for a second time.

    Other bills in the package would:


    � Block federal funding from cities that bar their police from asking about immigration status.


    � Give the Department of Homeland Security the authority to use information from the Social Security Administration to target illegal immigrants.


    � Require construction of 700 miles of fencing along the Southern border, not including vehicle barriers.


    � Impose sanctions on countries that refuse to repatriate their citizens.


    � Deport any immigrant, legal or illegal, for one drunken-driving conviction.


    � Enable local and state police to enforce federal immigration laws



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  • kanshul
    05-07 07:03 PM
    I agree..

    Having one document is (almost) as good as a conditional GC...





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  • gc_on_demand
    12-02 09:52 AM
    duplicate post



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  • meridiani.planum
    06-12 01:35 PM
    Any thoughts why EB2 India hasn't gone beyond Apr 04 for over a year.

    Is this because of EB3 to EB2 conversions? If so then the likelihood of EB2 - I dates moving a lot in Oct bulletin are low.

    Are there any 'guesstimates' out there for the number of EB3 to EB2 conversions?

    Based on posts from a number of reasons, the reason for EB2 India moving slowly are:
    - lots of 485 applications (remember that EB2 India had been stuck at Jan 2003 for a LONG time, and all those people got to file only in July 2007)
    - conversions of EB3->EB2
    - LC substitution ending in mid which caused a lot of dormant LC applications lying around, to get used up and filed





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  • indianindian2006
    08-02 01:43 PM
    >>>>>>>>>>>>>>> USPS Issued MO's <<<<<<<<<<<<<<<<<

    The way you track money orders is , after 30 days from the date u gave them out , pull out the Money Order Sequence "Number" at the bottom of the top slip that you have. Give that in along with $5 to your local post office. they would track it for you and give a report.

    CAREFUL though. USPS , when it goes to track the MO, if it has not been cashed, they will give back the value on that MO (say the face value of the MO is $500 , if un-cashed , they give u $500 ). So, the person intended to cash it cannot.

    If cashed they give you the person's ID who cashed it.

    So, wait for a while before you invoke the process.
    Can I inquire from USPS just the status of the money order and not accept any refunds.



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  • manderson
    11-05 02:19 PM
    and i thought i was alone...

    Friends,

    Looking at this 180 rule. I feel getting through this 180 days is being hell.

    All this becuase we need freedom and going through rough times.

    Good luck to one and all.





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  • SSSarkar
    06-23 10:47 AM
    I wanted to tell that only last year's tax return was needed. Nothing else.

    USCIS can ask for previous tax return any time. you maynot have tofile now but better to clean that. refile 1040X and pay the taxes and interst. you will be fine. IRS is good if you accept your mistake instead of catching you later.





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  • rolrblade
    07-26 09:30 AM
    I 765 EAD Application document.
    Yes, that was my mistake. I unwittingly put the form number for the AP. Sorry about that.





    vinzen
    08-14 10:55 PM
    https://egov.uscis.gov/cris/processTimesDisplay.do

    NSC - I485 - Sep 15 2007
    TSC - I485 - Aug 30 2007

    Cheers,
    Ardnahc

    Hello guys ,

    New member here. I have been watching the forums occassionally. My PD is June 2002 EB3 and here is my situation from USCIS case status:

    1. I first applied for I765 and I485 on 08/10/2007 and got EAD for 1 year. According to https://egov.uscis.gov my status was "APPLICATION FOR EMPLOYMENT AUTHORIZATION".
    2. Then I by myself applied for renewal of EAD exactly after 1 year on 08/19/2008 and got EAD approved for 3 years. According to https://egov.uscis.gov, the form that I applied for was I765 and status again was "APPLICATION FOR EMPLOYMENT AUTHORIZATION".

    These were the only two entries on my status on https://egov.uscis.gov. So far so good.

    3. I decided to log on to this site this morning to check my status and saw a third entry in my case. It says the form number is I485 and they receieved it on 04/20/2009 and the case status is "APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS".
    I didnt do anything on 04/20/2009. So it seems like the I485 that I submitted along with I765 on 08/10/2007 was finally receieved by USCIS on 04/20/2009?. When I click on my case number, it says "On July 6, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case." and that it is with Texas Service Center. I checked TSC timings and looks like they are at 08/30/2007. Is this the date they first receieved my application (July 6, 2007) or the last update date (04/20/2009 .... look at #3 above). If it is the latter, I am still three years behind. If it is the first application date, then I have some hopes.

    Sorry for the long post and to make you read all this. Any help will be appreciated.

    thanks,





    illusions
    07-11 12:39 PM
    Ah Snap. I'm From Sri Lanka and would be willing to go, but i work till 5, then have other arrangements till 7pm. Let me call her in a bit and see if anything can be worked out.



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