Tuesday, June 14, 2011

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  • smaram1
    08-11 10:44 PM
    It would be great if any one's I485 got approved while their Name Check is Pending?





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  • iv4gc
    07-29 02:15 PM
    permfiling,

    A lot folks want to use AC21 but lawyers suggest not actually filing AC21.

    So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?

    I believe this is the tack Company B lawyer is suggesting.

    Here's something I read on another lawyers website w.r.t. AC21:
    1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
    2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.


    Thanks,





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  • desi3933
    01-14 10:57 AM
    http://www.cis.ctc.edu/pub/groups/ppmsug/ICvEEHandout.pdf


    __________________
    Not a legal advice.





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  • roseball
    08-29 10:27 AM
    thanks for your post. Ya its my sister's wedding. I had decided to go until this H1 revocation email came. I has seen some cases on IV a while ago where people got the H1 revocation email and I-485 denied without NOID/RFE. If this happens when I am in India I am screwed.
    I realize that 80% nothing will happen, but it is that off chance that something happens to I-485 when I am out of the country which has me worried.
    Anyways 2 more weeks of thinking I guess before I board that flight. Hanging by this EAD/AP thread and uncertainities of AC21 etc is really painful.

    Your I-485 cannot be denied just because your GC sponsoring employer revoked your H1. In past, USCIS denied or issued NOID when the GC sponsoring employer revoked the approved I-140. Do you know if your employer is going to revoke your I-140 or has already done so.

    In anycase, like someone else mentioned, you can file a AC21 letter now and take a copy of the letter along with a copy of the offer letter with you. Just go and enjoy your sister's wedding with family and friends.



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  • pappu
    06-27 07:36 PM
    From: National Immigration Forum
    Web: http://www.immigrationforum.org

    Recess

    Congress is out for its 4th of July recess. It has been a while since the last update went out, but not much has been happening—certainly not compared to one year ago, as a major immigration reform bill was being killed by filibuster in the Senate.

    On the one hand, the Forum, and thousands of issue advocacy organizations in politically-gridlocked Washington, are waiting for a new Congress and a new President. On the other hand, there is never a time when we are not defending against the bad ideas that immigration restrictionists and their friends in Congress are trying to slip through Congress.

    There is little chance of having positive legislation enacted this year. There are, however, some proposals being considered. In the House, Rep. Zoe Lofgren, with co-sponsors from both parties has put a couple of bills into the hopper that would offer modest relief for immigrants waiting for visas. H.R. 5882 would “re-capture” immigrant visas that went unused during the years 1992 to 2007, and would make changes in the law to prevent visas from going unused in the future. This would effectively make available an additional 225,000 visas on a one-time basis, with about 93,000 of those visas going to the family preferences.

    H.R. 5921 would eliminate the per-country ceiling for employment-based immigrant visas, and raise the per-country limit for family-based visas.

    In the Senate, we will at some point see further action on AgJOBS, and proposals related to seasonal non-agricultural workers and high-skilled temporary workers.

    Even for these modest reforms, prospects for passage are uncertain.

    Oversight and Accountability

    If there is any good news coming out of Washington, it is that Congress, after giving boatloads of money to the immigration enforcement agencies, is starting to ask for some accountability.

    There have been some hearings, including a hearing in the House on June 4th on the subject of deaths in immigration detention, where some of the egregious misconducts of Immigration and Custom Enforcement (ICE) has been questioned. There have also been hearings to examine immigration enforcement proposals still being considered. Several committees (including the Immigration Subcommittee) have considered mandatory electronic employment verification plans. The Shuler/Tancredo “SAVE” Act, the proposal that has the most momentum (if you can call it that at this point) now has 190 signatures on a discharge petition that, if it gains 217 signatures, will force a vote on the House floor. Since April 1, it has gained just five signatures. We expect there will be more hearings where Congress will exercise its oversight responsibilities over the Department of Homeland Security, and in part these hearings will continue to point to the need to fix our broken immigration system.

    The Appropriations Season

    We are getting in to the appropriations season and, legislatively, the action will turn to the 12 spending bills that Congress must pass by September 30 to keep the various government agencies running. (Given the current gridlock, no one actually expects Congress to complete its work on the spending bills; more likely temporary spending bills will be passed to tide the government over until a new Congress is in place.)

    Spending bills offer the greatest chance for mischief. Immigration restrictionists will no doubt offer amendment after amendment to make life more miserable for immigrants. In this election season, the main function of these proposals will not necessarily be to pass them into law, but to gain material for 30-second campaign advertisements in which anti-immigrant members of Congress will attack their opponents as being soft on immigration, national security, etc.

    There is, unfortunately, always the chance that one of these proposals actually passes, and this will require the vigilance of immigration advocates in Washington in the coming weeks.

    There is also the chance that some good proposals may find their way into the spending bills. In the House, the bill controlling spending for the Department of Homeland Security has passed with a number of reporting requirements for ICE—in keeping with the new interest by Congress in holding the enforcement agencies accountable.

    The target date for adjournment for the summer is August 8. After that date, the House and Senate will be safely out of Washington until September, after the party conventions.

    Immigrants and the 2008 Elections

    The real action is taking place outside the beltway. In preparation for the upcoming elections, there will be much focus on getting immigrants registered to vote and turned out to vote. This weekend, on June 28, there will be a kickoff in Chicago of the New Americans Vote 2008 campaign, which is a collaborative effort of the Illinois Coalition for Immigrant and Refugee Rights, Center for Community Change, Fair Immigration Reform Movement, National Council of La Raza, NDN, America’s Voice, United Food and Commercial Workers and the We Are America Alliance. The campaign combines training, organizing and electoral civic engagement targeting immigrant communities in 17 states. Speaking at the kickoff will be Senator Dick Durbin and Representatives Luis Gutierrez and Jan Schakowsky. For more, see:

    http://icirr.org/node/2882

    Immigrants are eager to weigh in on the immigration debate, and it is expected they will be doing this in unprecedented numbers in polling places across the country this fall. Building up to the elections, organizations including the Forum will be tracking the story of how the immigration issue is being used by politicians. It is expected that we will see a repeat of 2006—Republican candidates will use the immigration issue to play on the fears of their constituents in the hope of gaining votes, the debate will be ugly, and Democrats may or may not take a more moderate view.





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  • InTheMoment
    03-23 03:40 PM
    You can give your OPT A# but once you're assigned a permanent visa number, they'll give you a different number. Your OPT A# is just a temporary number.

    I think you mean once you are assigned a permanent A# ! It is assigned before a visa number is assigned.

    A number series starting with 1 (eg. for OPT) are temporary. Those starting with 9 are permanent.

    USCIS has a regular A# consolidation unit as well as a column to check for more than one A# on their internal worksheet for I-485.

    Bottom-line: give your OPT A# and they will take care of the rest. This is what I did and worked.



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  • horscorp
    02-09 06:56 AM
    Thanks a lot. I understand the process better now.



    Horscrop,

    Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.

    Ann

    PS-Am enjoying all the snow---so beautiful and peaceful.





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  • indianindian2006
    08-28 02:10 PM
    For some reason I remember this Venkat80 got his GC approved. If he is the same guy and playing with our emotions then this guy must be banned right away from IV. Otherwise I am sorry..

    You are right I remember that he posted that he got his GC recently.



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  • eb2_immigrant
    03-03 06:39 PM
    I left the job last month as I was getting better opportunity. I gave notice period to my employer and he was being cool at that time but then I did not get salary credited in my account for last month when I called my employer and inquired about that, he said he has some dues invoices to client and can not pay until he gets money from client. Can you please suggest me what should I do in this case? My employer said it will take 3-4 months to get those invoices clear.

    Please see I am on H1B and never been on bench or out of status.

    Generally desi consulting companies work that way with exception to few good ones. I don't see a strong reason why they do that, May be they want to wait and see if they can avoid paying.

    In case of last months pay, desi companies pay consultants when they get paid from the client. This is unfortunately how most of desi companies pay. It makes us nervous and at times ruins the relationship with employer.

    If you believe your employer and think he is genuine, you could wait but on the contrast if he is genuine why wouldn�t he pay you the money which he is going to get any way?

    Before you take any step against your employer ask him when he can pay you and if he doesn�t pay you as promised then I strongly recommend you to contact a lawyer, I am sure desi employer will come down on his knees and pay you. You have a strong case against him.





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  • karthiknv143
    02-27 11:09 AM
    CSPAN does not have it on their schedule yet.



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  • upuaut
    09-10 02:28 AM
    I don't think that your footer uses up a lot either. It doesn't bog down my system nearly as much as some of the multiple movie clip effects that some use. I think that's because a) it's not very big. B) it's only one transparency which is actuall on top of another image (the one on the bottem of the layer stack is not moving over another image), and C) The top one is fogged.. (which may or may not actually make a difference. )

    either way.. I don't find your footer to be a problem. Processors can handle a lot. When I say that it bogs down the processor more than another thing, it just means that it does that... not necessarily that it bogs it down to the point where you can actually see it.





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  • nashim
    05-12 09:19 AM
    gangadhargs ,
    Are you primary applicant on both pending I-485 applications? or one is based on your's spouse application? Are both sponsored by same employer? Is it sub LC?
    I am asking these questions because I have 2 approved I-140 from different employers but my attorney told that it is good to file only one I-485 so I did not file second one. I am thinking to file second one also if it is safe to do so. I appreciate your response thanks.



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  • neverbefore
    06-27 10:06 PM
    I dont know how true it is..I found the article at this site

    Photo Feature: Lord Ganesh On Beer Bottle (http://greatandhra.com/ganews/viewnews.php?id=14442&cat=&scat=25)

    Response On 'Lord Ganesh's Pic On Beer Bottles' Issue (http://www.greatandhra.com/ganews/viewnews.php?id=14468&cat=10&scat=25)


    I think this is sick if its real

    No offence meant, but this has nothing to do with immigration issues. This is not a religious forum even though most of us seem to be from a particular country and religion (including me). I humbly suggest we focus on our primary aims :)





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  • sab
    08-19 08:59 PM
    Based on experience on waiting time of recently approved EAD's, on an average how long does it take to renew the EAD.
    Thanks
    Sab



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  • gc_chahiye
    08-26 11:22 PM
    gc_chahiye: Thanks for the technical advice. I'll check with my attorney tomorrow. You said 30 odd days. That is more or less 60 days, and it's more than enough.

    for an appeal they will tell you in the denial notice how much time you have. For a motion-to-reconsider/reopen the deadline is typically 30 days. Again, confirm everything with attorney, and keep them on their toes (check status with them every couple of days).

    I think you will receive the RFE on time (its only been 8 days since the USCIS note about the RFE, it does take upto 2 weeks for attorneys to receive it).
    All the best!





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  • Alabaman
    10-08 11:34 AM
    I am sure you don't even have to be in the US to trade in US stocks. There are people that have never been to the US that participate actively in US stocks and just as Americans participate in some foreign markets too.

    In the final analysis, most restrictions on H1B workers are stupid.



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  • uma001
    05-04 04:40 PM
    I was working on a company A(on H1B visa) and left 7 month back. While working on Company A, I was in a project in Company C through another Company B. I actually joined company B to avoid this chain. Company A released me after agreeing for his cut for 4 month, and then $2 per hour until the project ends. This was agreed by an e-mail between me and Company A. I stopped paying the company after 4 month of his cut.

    Now the company A has sent me a mail that they want a confirmation mail from Company B that my project ended. If no confirmation email, then they will send me a legal notice.

    Not sure what the employment laws are. Could you please advice?

    According to your post, according to the agreement between you and company A, you need to pay $2 per hour until the project ends. Why did you stop paying after 4 months of his cut. I guess the project is still going rt. So Company A wants to make sure that project ended. Company A is right. If your project is still going, you need to pay him $2 per hour until it ends.





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  • jsb
    10-29 11:36 AM
    Friends,

    I am july 2nd filer and for dependant the case has been rejected for missing signature.My lawyer is refiling it today. I have following questions can some one clarify me?

    1) Is there any precautions that i should take while re-filing?

    2) Will USCIS accept the app or should they make me wait for my PD?

    Thanks,

    What does your lawyer say? It is clearly not USCIS error. Therefore, if they stick to their policy, if re-filed case does not have PD current, they will reject it for "PD not current". If they are generous, and your lawyer explains in some tactical way, they may accept it.

    If it is your lawyer's fault, you can take appropriate action with him.





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  • $eeGrEeN
    08-02 01:38 PM
    Can you please explain further - what you mean by "So, the person intended to cash it cannot. " Does it mean that if you make a request to track the MO thru' PO then USCIS will not be able to encash it.


    Your's is thru' a Bank . My response was regarding a MO thru' USPS.

    I guess that is what the person intended to ask >>>

    "I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank"





    blondhenge
    05-22 11:54 AM
    Are you EB-3 or Eb-2?

    I have interview for AOS employment based on June 20th, 2006. The letter simply says get passport and I94. However i am planning to take all documents with me.

    Here are my case details:

    - Labor was filed in 2001 Nov in MI
    - 140 approved in Oct 2003
    - 485 filed in Jan 2004
    - changed employer in 2004 Nov on EAD
    - RFE for employment letter in Mar 2004
    - Case transfered to local office (Newark), May 2005
    - 3 EAD renewals, 3 AP renewals
    - 25 % more salary than old job. Title in old job was programmer/analyst.
    - New job when joined was Systems Analyst.
    - For RFE response, supplied a good letter with same job description.
    - The current JOb is NJ with a well known insurance company.
    - Recently i got promoted to Information systems Consultant

    Now my Qs are
    - What can i expect during the interview?
    - Anyone with similar experience, can you share ur experience?
    - Change in titles, more salary, labor being from a different state etc are
    making me very nervous
    - Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?





    saimrathi
    08-17 08:55 AM
    I recd supplementary forms to I-693 for my wife and I from the Civil Surgeon earlier this week. Along with the supplementary forms I recd two envelopes (one addressed to me, and the other one to my wife) that had DO NOT OPEN written on them. I sent these to my lawyer's office.

    I called the doctor�s office and this is what I found out. Apparently, when the doctor had first given us the sealed envelopes (in June 2007) she didn�t know that the Supplementary form needs to go with the certification she provided us in the sealed envelopes. We sent the sealed envelopes with our Concurrent I-140 = 485 application recd at NSC on 7/2/07 (as per UPS). Now, some of her clients have recd letters from USCIS asking for the Supplementary form, so she has sent the same out to all of her clients regardless of them getting a letter from USCIS. I hope our application doesn�t get rejected due to this; no checks cashed as of today.

    My lawyer's response: No the application should not get rejected because of this...however we will submit the supp doc's report to the USCIS when we get the receipt notices.

    Anyone else in the same boat? Is this something to worry about? See signature for more info...



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