Tuesday, June 7, 2011

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  • wellwishergc
    01-03 08:28 AM
    Contributed 20$ this month; will be making a monthly contribution of 20$ until the SKIL Bill or CIR bill is passed

    My contribution is on way too.
    Confirmation no:5YP659022V963134M





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  • Lasantha
    09-06 02:41 PM
    This is an interesting question. Hope someone would throw some light on this!





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  • mattresscoil
    12-09 07:58 AM
    Hi,

    I filed my I-140 and 485 concurrently using substitue labor by June'07. Still my I-140 is pending. Recently again I filed my Labor with the same company(No change in the compary ). it got approved last week. I am going to apply for new I-140. Can I port the previous PD?

    Thanks
    VK
    Venkatanathen:

    Your previous I140 needs to be approved. If it is pending, I dont think you can port a priority date from it. Again please have this answer qualified by an attorney.





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  • ddanait
    02-07 03:21 PM
    Thank for the reply. I hope the suggestions will be acted on and implemented at the earliest. It's frustrating to see that the priority dates haven't moved by a single day in last 6 months, something really needs to be done and I will do my support IV with anything.



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  • pd052009
    04-18 08:36 AM
    Considering,
    - EB3-EB2 upgrade
    - Slow VB date movement
    - No FB spillover
    - Growing economy (which will further reduce the spillover/across numbers further in coming years)

    Have you ever wondered what are the options you have?

    We know, we are stuck with H1. Some of our problems are
    - Resumes are rejected as many(most) companies prefer Citizens/GC/EAD than H1.
    - Many RFEs and question with H1 Extn.
    - Getting visa stamp at consulates is a (mental) pain.
    - Consider the time spent from vacation for getting visastamps.
    - Problems at port of entry( So many questions). We don't know what is new in store when we comeback from vacation.
    - Pain of planning for a short visit(week) for emergency issues/family functions.
    - Hard time in finding a H1 sponsor for H4 dependants

    We know for sure that we are not going to get GC now. We don't know the exact wait time. What is our interim relief? Have you ever wondered how an EAD and AP will help you in the current situation? Have you ever dreamt the return of summer of 2007?

    If you think/believe that EAD+AP can bring positive change in your life, please join us. Show your support by voting in http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here.html

    Lets gather in that thread for our relief.

    ^^^^^





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  • GCHope2011
    08-10 02:17 PM
    I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.

    Thanks.
    It will be better if you could mention your sources. Otherwise, it is just speculation and wishful thinking.



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  • yabayaba
    11-17 01:07 PM
    Could you update your profile?





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  • otovarm@hotmail.com
    03-03 02:39 PM
    well, that really sucks, I was not aware of the 180day rule. Many thanks for the information.

    So I have no other option than start all over again. One question, can I apply directly to a new LC or PERM or I need to go thru H1B first?

    My Plan B is Canada, already have Canadian Permanent Resident Card, I need to enter before May 2010....I might need to decide between just moving to Canada and in 3 years get citizenship Vs. Starting new PERM process in USA .....I will be aprox 7 years away from citizenship.


    Any thoughts??



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  • JunRN
    12-18 08:07 AM
    AC21 is quite tricky. There is no hard and fast rule that if the ONET number is similar, USCIS will automatically rule in favor of the change. IO's will still look at the details of each job requirements and will check if it matches the requirements in the Labor Certification.

    ONET number will somehow help specially if it falls under one category or number and the new job title is listed as sample. But remember, USCIS will still look at the details and will not rely on just the title.





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  • qualified_trash
    05-17 01:53 PM
    You may try www.shahandkishore.com

    My employer uses them and I have had an excellent relationship with them.



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  • lostinbeta
    10-03 12:51 PM
    You checked it.... now I am just spamming :P

    SPAM

    ::::runs away:::





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  • kriskris
    08-19 11:10 AM
    I posted the following at another forum on this topic:



    It is from this link:
    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9aecd408423b3f800b01aa0c83db a52


    Further research showed that the BSS (Biometrics Storage System) actually went into effect on May 7, 2007.




    This is from FR 17172 which you can find at:
    http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?dbname=2007_register&position=all&page=17172
    Thanks for the info. Good to know abt this.



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  • martinvisalaw
    07-06 04:42 PM
    Hi Martin,
    Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..

    If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

    As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.

    The complication occurs if the extension is approved while you are outside the US, and you only show the old visa on returning. In that case, your old expiration date will govern, because it will supersede the extension approval based on the CIS "last action rule."





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  • gdilla
    07-29 02:44 PM
    Actually, if you apply for an F1 (fulltime student visa), it will be denied. Why? Because F1 is considered a non-immigrant visa, and USCIS knows that because you filed a 485, you DO have the intent to immigrate. I believe you can just go to school and be jobless on EAD without need for F1. The burden is on you to show that your gc employer sponsor will hire you when you get your gc (if it ever comes up - they can take away your gc anytime at the border/POE, and one question may be are you still working for the sponsor).

    This is just my understanding - i talked to a lawyer about it some time ago and i certainly could have some details wrong.


    Hello everyone,

    I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.

    Thx,
    Prabhat



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  • rb_248
    07-23 01:51 PM
    If 15 months has passed since your last FP and your GC is still pending then you will receive an FP notice again. It does not mean things are moving and/or someone looking at your AOS file. If you EFILE the EAD - you will receive a FP notice each time for thumb and picture, this is different from 485 FP.

    Oh...ok so I guess there is nothing to get excited about. Thanks





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  • Prashanthi
    02-11 04:14 PM
    Note: A receipt for an application for an initial or renewal USCIS
    Employment Authorization Document (EAD) filed on a Form I-765,
    Application for Employment Authorization, is not acceptable for Form
    I-9 verification purposes.

    Also for immigration purposes you cannot start working until you have the approval in-hand.



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  • kumar07
    09-14 04:45 AM
    thnks immiusa, ur answer is really helpful!...

    but, how do i give more evidence that the job offer is genuine..I will have the project report document and other docs sent by the company..how else can i be assured that they will be convinced??

    Appreciate for your help.





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  • USDream2Dust
    07-27 01:20 PM
    I am liking the answers. Also looks like my PD is sept 2006 and it would be a while before they approve my case. Meaning I can take off for couple of month go on vacation, come back, look for job, find a decent job and start working.

    when in far future they approve me I need a letter from my new employer stating that I am working (not from original employer right?)





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  • miguy
    06-25 10:22 AM
    I though such contracts are illegal in US?....It is employment at will.....that means they can kick you out anytime or you can leave anytime....maybe someone can clarify





    kris04
    11-25 08:06 PM
    Hello,

    I joined company B in April and prior to that I was working for company A. Fragoman was company A's attorney. Through company A I had my labor certified, I-140 approved and my 485 was pending for more than 180 days and hence I was able to switch my job using AC21. My job was in the same and similar job classification. The AC21 documents were sent to USCIS in early April by company B's attorney.

    Last week of October, I received my finger printing notice as part of my I-485 process. When I contacted company B's attorney, they never received any courtesy copy for my finger printing notice. Today I called up USCIS customer service to find out the attorney on record for my file. They mentioned that it was still company A's and the courtesy copy was sent to them. I mentioned to the officer that AC21 was filed which had the change in attorney information. She said that they do not have any records of it. She advised me to send a copy of the AC21 forms again along with the G28 documents.

    My question is if company B's attorney send the AC21 documents, will USCIS question why the documents are being sent after 8 months of switching jobs?
    Will this trigger an RFE?

    Please advise.

    This is my personal experience, I filed AC 21 with new G 28 form through a lawyer to update change of attorney on file plus change of employment notification. Later I called customer service several times after 2 months to see if USCIS updated my file, but turned out not updated. Fortunately in August 2008, my I 485 was approved without any RFE and the welcome notice meant for Attorney's was sent to new attorney, the old attorney did not receive it. Bottom line is USCIS is slow in updating your AC 21 request and definitely not update their computer system accessible to USCIS customer service about AC 21 request, however it looks like they add the document to your physical file. Now I am sure in my case USCIS have taken note of AC21 request during approval.


    Good Luck

    HTH

    kris





    vikram_singh
    07-26 08:31 PM
    Guys,

    I just created a search engine (http://immisearch.blogspot.com/) to help all people looking for a better way to search topics around immigration related activites. The search engine came as a result of my countless hours that I spent searching to answers around the web.
    Try searching for any information with h1b, h4, Green Card, I-485, I140, citizenship etc, and the engine should give you a better result.

    Leave a comment at the blog and let me know what else could be improved.
    http://immisearch.blogspot.com/

    Also suggest any sites you may want to add to improve the seach engine.


    -Vikram



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