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  • coopheal
    10-23 01:26 PM
    Second, you are obligated to take up employment in your field within a reasonably short time after your green card is approved. I would think that if you had already started a new semester, you could wait until it ended to resume your employment, but not much beyond that.
    --------------

    So is it conditional GC??





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  • Winner
    06-09 12:40 PM
    Welcome Ron Hira.
    I know, you are strict opponent of Employment base immigration. I know, your basic concern for the abuse of H1B system by some people but don't you think huge backlog for Employment based green card is a genuine problem to address separately. Why are you covering H1B abuse issue with Employment based green card? A person born in Indian get more than 10 years to get GC and same caliber person born few miles away in Pakistan or Bangladesh get GC in 1 year!!! Both person have same look, same culture, speak same language. Is it cultural diversity??
    Lets have some negotiation fix genuine loophole in H1B system to prevent abuse and address genuine problem of Employment based GC backlog. If we keep fighting, neither one is going to be fix. Please have your thought.

    This not the real Ron-the-Loser, it's Ron-the-impersonator. But you do have a good point.





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  • mdforgc
    04-29 09:18 AM
    Thanks for your contributions.

    All of IV's funds have been used to pay for lobbying, advertising on rediff(not anymore), organization registration, mailbox, domain name registration mainly.

    Travel, food, rental cars, hotels for core groups members is not being charged to immigration voice's account and its coming from out-of-pocket of core group.

    Just wanted to clarify.

    Thanks.

    I just wanted to thank the core group again from the depth of my heart for the selflessness you guys are showing. We all appreciate it, nor only by words, but also by opening our checkbooks. I know that an amonut of 100K is nothing in trying to bring attention to our cause, but you guys have sure come a long way.





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  • mammoy2k
    09-21 07:11 PM
    Look at the reason why I-140 can be denied:
    a) Ability to pay
    b) Your education
    c) Your past experience, if shown


    Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.

    I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.

    In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.


    You both are right!

    Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).

    However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.



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  • innervoice
    01-20 12:29 PM
    I got RFE for my spouse in August 2008 for I-485 regrading the marriage certificate and stil the status hasn't got update, called several times but no luck.





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  • GreenCard4US
    08-21 10:53 PM
    The RFE is not unusual, they are sending RFE's on all pending I-485 applications in an attempt to pre-process the applications and have them ready before the priority date becomes available.

    Even though the beneficiary does not have to be working for the GC sponsoring company and the offer of employment can be a future offer, i always advice my clients to work for the sponsoring employer, if possible, otherwise the USCIS might raise the issue of the validity of the job offer, they have done this in the past. I also always advice clients to do AC-21 whenever they can, rather than depend on future employment.

    It is difficult to predict what the Officers decision will be and what factors he will look at, and your attorney is not wrong in his response, however if you were my client i would advice you to use AC-21. The USCIS has not indicated that AC-21 has to be invoked as soon as you join the new employer, no deadline for invoking AC-21. However, you should have a GC sponsor at all times to keep your GC alive. In your case, company A was your sponsor until the time that company C has agreed to be your sponsor and invoke AC-21.

    It is also good to invoke AC-21 because at the time of filing for citizenship they will see if you worked for your sponsoring employer for at least 6 months after getting the GC and if you did not, they will ask why dint you.

    Further Questions:

    Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.


    The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
    It would help to answer if you can correct the dates.



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  • lacrossegc
    12-05 09:49 PM
    You mean Visa Bulletin programmer?

    Hillarious !! you the man pappu !:eek:





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  • niles123
    12-26 01:32 PM
    Chantu,
    Thanks for the link.. I looked up my case and the status shows as "CERTIFIED-EXPIRED". Any idea why it shows as "EXPIRED".. I applied for labor on Oct16, 2007, labor approved on Dec 3 07, I140 applied on April 8th( within 180 days ), I140 Approved on July 28. Just wondering if this is something i should be concerned about..

    Thanks

    I think, if you don't have labor doc, you can go to FLCDataCenter.com (http://www.flcdatacenter.com/) and search for MS Access document for the year when you file for the labor. If you have the number from the LC doc, search for that number in the access file and you will find the details of your case.



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  • kmkk2006
    04-09 03:50 PM
    Bumped





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  • GCNirvana007
    04-07 03:40 PM
    Hi,
    My client is a TARP fund received bank.I am planning to go India for 3 weeks in may.My visa expires in Aug09.
    I have new H1 extension for 3 years.

    --If I go for visa stamping will it be a problem as I am workig for TARP received bank.
    --If I don't go for visa stamping and planning to comeback with old visa, will it be a problem at Port Of Entry as my client is TARP received bank and I am on H1B.

    There is no rule in paper yet not to allow H1B workers in TARP to enter USA. Having said that, you belong into the category of every other legal H1B immigrant.



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  • GCHope2011
    10-19 07:03 PM
    Nice idea, but here is what I think...

    Whats the point of donating after you get your Green card? Donate now in place of later and you can benefit from your own donation...and IV can get that money sooner :)
    I am trying to do just that. Realized that I can save $25 per month in many different ways from my current expenditure itself and signed up for $25/month donation.

    Every little bit helps.





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  • maddipati1
    02-04 06:11 PM
    i used to think based on I-131 instructions that, if we leave before AP aprroval, its considered abandoning 485. but my lawyer clarified that, thats true only if u dont have any oher status than AOS. if i leave before AP approval i can use H1 stamp to get back in and use AP for travel next time.

    thx LIGP



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  • akilhere
    11-06 03:02 PM
    #1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.


    On the other hand, chances are that a large number of applicants might not have the exact skillset mentioned in your advertisement as the current market has driven some desperate candidates to apply even if the requirement matches only 10% of their profile. So, it depends on your luck. The general assumption is that, people look to better their salaries, roles when the economy is doing good. So it is not necessarily going to help you a lot even in a good economy. This topic can be argued both ways.

    Be greedy when the market is fearful and be fearful when the market is greedy - W.B





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  • Winner
    10-09 11:03 AM
    I see people cursing, hoping, praying etc. But very few understand how bad the situation is.

    Wake up and get active! Least you can do is sign-up for monthly contributions; at least we will have the money to fight this uphill battle



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  • langagadu
    05-02 08:42 AM
    If I were you, I would explore around the Legal Status from last entry.
    ebizash may be right it won't apply if you enter on AP, still worth exploring that area.


    Thanks for information. To answer I applied my H1b on June 1, 2002.
    My school finished on June 11, 2002. I did apply H1 during school but stupid me did not apply OPT. Then I get approve H1b 7 months later, more like 7 months and 20 days almost 8 months then working. I am out of status more 6 months which very bad.
    I called many lawyers, some do not want to help a few will write letter ( 1 letter 600.00)
    some said I have good chance others said unknown.

    I am still out of status even I applied H1b and waiting more 180 days? I think I am, need good reason to put on letter.





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  • reverendflash
    10-21 02:55 PM
    I promised I wouldn't... =):x

    Rev:elderly:



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  • h1techSlave
    04-16 10:18 AM
    Your employer could be a behemoth and has ironclad policies. But if you discuss your concerns with the HR/immigration dept., you would be surprised to find out how much accommodating they might be.

    I also work for a company which has very strict immigration policies. But we collectively discussed our issues with the management. And they are listening to our concerns and are changing their policies. As long as the changes are not affecting the company FINANCIALLY, many companies would bend even their ironclad policies.

    Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.

    Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?

    Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?

    Thanks.

    Maverick_2008





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  • morchu
    05-04 04:25 PM
    akelkar,

    Your highlighted sentence is again for "grant the extension".
    We are talking about "invalidation" of a granted extension.

    Those are two different things.

    And NO. the memo doesnt talk about that.

    There is no specific law or interpretation available till today for "invalidation of an already granted extention" based on approved I140, even if the I140 itself gets revoked in future.

    Hi Guys

    Please read before giving your opinions: as per memo not my words:


    USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
    A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
    B. Deny the EB immigrant petition, or
    C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.

    The operative words here being "UNTIL SUCH TIME" - which if I am not wrong means when the decision is reached.....so you DO NOT HAVE A VALID H1B IF 485 IS DENIED.



    See links below for more data
    http://ac21portability.com/modules/wflinks/





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  • thesparky007
    04-24 12:09 AM
    i edited it kirupa!!!!





    chi_shark
    12-02 10:11 PM
    ya i replied. I am sure no one is looking forward to paying taxes. Even those who make more than $1 million a year.

    o lord labaku... in this case, i am talking to those of us who have started up a company in recent times and are looking forward to offsetting their incomes by the company expenses and hence save on taxes...





    nirupama.reddy90
    01-21 05:11 PM
    Your post is confusing. If you got laid off, how come you are on job as yet?

    Have you found a new job? Are you working on new H1 or EAD?

    Please clarify before I can answer wisely.
    Hi All, Thanks for comments and suggestions.
    I am sorry while i was writing my initial post i missed adding NOT,

    "As I am NOT on job at present, I can not produce any client letter at consulate in case if they ask. "

    Let me add more on my scenario, I don't know how correct to use the word "laid off", my contract was ended in DEC-08 with client, but still my H1B holding company is paying me and said that they will support sending me all needed documents for H1B extension Stamping, asked me to take a vacation for a month or so (as any way i am going back to India for extension).

    As "LostInGCProcess" said as long as my company is paying me, Will i have chances to get my extension stamping? or Shall I have to be on the job with Client and have to carry a letter of proof showing which client i work for?

    Sorry for getting u all confused with my first post.
    Thank you
    Niru



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