Thursday, June 9, 2011

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  • sdrblr
    08-21 02:33 PM
    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.


    I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
    I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.

    During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.

    I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�

    Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
    I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.




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  • chi_shark
    06-24 04:28 PM
    i dont think the question is about earning a paycheck. The question is about being employed or not. Perhaps it could also be termed as "being working" or not.

    If the EAD does not come in time. I have a strong feeling that you can take leave without pay or with pay.
    Paid leave is a benefit. You earn the leave ( 1.5 day every month you worked legally). The salary you get during paid leave is not the salary of the day you worked. It is a benefit you received when you worked during your legal stay. Hence I do not feel that one have to be leave without pay. For example if you get your tax refund when your EAD is expired. We should reject the refund?




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  • ronhira
    12-19 09:15 AM
    History channel premiered a program "Naturalized" yesterday (12/18). They covered people from so man y different walks of life facing so many different problems to get GC and citizenship. But in the 90 minute program there was no coverage on how our community is struggling and no mention about the plight of the employment based category.

    Makes me wonder if there is enough awareness about our cause.

    other than just wondering ...... what else r u going to do about this lack of awareness?




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  • waitingimmigrant
    10-22 05:19 PM
    Thanks for the encouraging words Admin. We must unite in this journey together.
    God bless everyone !



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  • Vel
    01-21 08:33 AM
    Thanks for your reply and I understand that AC21 can be used for job in same or similar occupation.

    But my questions is that what happen if my GC applied thru Emp A for "programmer analyst" with 60K and now I am planning to change my job with Emp B as "Sr. Program Manager" with 100K?

    Since my Emp A (GC sponsor) agree to continue the GC process, why do i need to invoke AC21 with Emp B?

    Looking forward to have your answer on this... thank you so much in advance...

    Vel




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  • qasleuth
    06-03 04:36 PM
    If you are on H1B then your status is not AOS, IT IS H1B. When you do not extend your visa status and get onto EAD or your dependents' H4 expires without EAD, then the status becomes AOS in which case you need AP to travel.

    I hope I am reading this incorrectly. Is USCIS now saying that any applicant on AOS must obtain an AP for travel, even if they are on H1B... The post above me is infintely correct if this is the case.. I hope I am wrong in my interpretation

    U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they "must" obtain Advance Parole from USCIS before traveling abroad if they have:

    * been granted Temporary Protected Status (TPS);
    * "a pending application for adjustment of status to lawful permanent resident;"
    * a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
    * a pending asylum application; or
    * a pending application for legalization.*



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  • Vic
    10-11 12:42 PM
    Labor was filed in June 2006. The date on my degree certificate is later than that. The hope is that the person who reads the response to the RFE considers completion date instead of date of receiving the degree (official graduation date).




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  • singhsa3
    12-13 11:58 AM
    What would we do without you...
    The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.

    The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply

    EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.


    thanks
    ram



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  • JazzByTheBay
    02-23 01:17 PM
    +1 on that.

    The Hritik Roshan, Govinda and Daniel Craig (James Bond) images in the user profile section of each post in forum threads are quite distracting. What's the point of this feature, anyways?

    I would like to put a face to every alias I come across, but not Hritik's, Govinda's or Daniel Craig's even if the resemblance with you is shocking! :)

    Just removed the small image I had in my signature as well.

    jazz

    I am not sure about others, but since IV changed the look of this webpage, something is discouraging me from being as active as i was before. I gave myself sometime to adjust but that does not seem to happen.

    Admins, please do some stats on hits, number of posts by users etc and see how the new look impacted the site activity?

    Two points that I am not a fan of:

    1) The front page top 10 forum items still need to be improved. We need complete text display (wrapped if long), the tooltip is not working. I do not want to mouse over every thread to read it completely.

    2) User images (i know i have one myself) are making the webpage cluttered and distracting from the real content.




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  • eb3retro
    06-30 10:05 PM
    Eb3Retro, Did you sign G-28 initially for your (previous employer's) attorney to represent? if so how did you change the representation?


    i have not changed attorney so far, just wanted to retain the same guy until i extend my EAD this time, (which is pending and awaiting results anytime soon) , once this is done, i am going to file G28 and self file AP myself. My attorney charges exorbitant fees for doing this, just for the safety sake, just for ead extn i used him...few more days and i will say thanks for all his services..



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  • inskrish
    09-28 12:30 AM
    and tiped around $ 100, suddenly he started yelling at me...


    Well, probably, you might have underestimated the power of JB, I guess. He got pissed off since you paid just $100. :D




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  • fromnaija
    07-26 03:38 AM
    Once you get a receipt notice you could send the correct marriage certificate with a letter explaining the mistake. It will probably lead to a RFE and not a rejection.

    Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.

    What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.

    Gurus any answers on this is deeply appreciated.



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  • me_myself
    12-16 10:57 AM
    why do you say it will become void? I am going to work for the same employer who got my H1.

    Thanks.




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  • snthampi
    05-04 05:52 PM
    Why don't send them an email stating that the project ended after 4 months? Don't forget to CC company B.

    If the project ended, then you are not getting paid for that project anymore. So, that itself is your proof, in case you receive a legal notice. So, stop worrying.



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  • panduputhran
    08-26 11:11 PM
    I assume your pd is Aug 04 with EB2. How come applied for 485 on january. Dates were not current for aug 04 PD.

    Please let me know.




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  • sodh
    07-18 07:56 PM
    Please meet your senator or someone influential.



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  • singhsa3
    07-25 04:06 PM
    Excellent point, I think, this is exactly the sort of pros and cons analysis we need on the ideas generated on this forum.

    BTW: I thank you for the constructive tone of your message when providing the feedback.

    this is a very good idea..but theres only one problem..we had gone to a blood donation drive to give blood..but were not allowed to because they do not take blood from people who have visited third world countries like India in the past 3 yrs.

    so we can organise a campaign like this..but blood can be donated only by people who havent visited any third world countires in the past 3 yrs.




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  • akhilmahajan
    04-13 12:41 PM
    Diptam, at this moment the best thing will be to get your wife an independent status.

    She can get on to F-1 visa or file an H-1B visa. If your H-1B is being canceled for sure, then you need to move her on to an independent visa status.

    Please talk to an attorney and evaluate all the options. I will say you need to act as fast as possible.

    GO I/WE GO. TOGETHER WE CAN.




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  • willgetgc2005
    04-25 10:07 AM
    dilbert,

    I am trying to change from EB3 category to EB2 category.Will that work if the old employer revokes I-140 ?

    __________________________________________________ _________


    WillGetGC2005 - here is my understanding of your case :-

    You have PD of 2002. You filed 140 and it is already approved. Your 485 is also filed and its more than 2 years on it.

    If the above is correct, you do not need to do PD transfer or start any new labor process either.

    What you need to do is use AC21. When you change employers, make sure that the new employer/lawyer sends a note that you are using AC-21 to transfer your job and your new job is same as your old job. Your GC process will continue normally after that using the 485 you have filed.

    The rule is if you have an approved I140 and your 485 is pending for more than six months, you can transfer employers using AC21. Your previous employer CANNOT revoke your I-140.

    This is my understanding. If you have a new employer and have a job offer , just have a talk with the lawyer and things will clear up.




    iv4yarli
    12-18 12:31 PM
    Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.

    Thanks for your help...




    mdipi
    11-18 03:05 PM
    haha! sucking up to the mod...i see...i understand...



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