Saturday, June 11, 2011

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  • When Green?
    07-30 09:05 AM
    Dear Experts and Attorneys:
    Here is my situation:
    My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
    I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
    My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
    After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
    Now I need your expert advice on the following situations:
    1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
    2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
    3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
    I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
    I greatly appreciate your responses.
    Thank you.





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  • atumalla
    09-26 04:33 PM
    Could you post your case details ? I called USCIS they say you have to wait 90 days. How did you get past that ?





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  • santb1975
    12-24 09:33 PM
    ^^^





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  • raj7480
    05-24 02:58 PM
    I think Quinn Gillespie will also opine on that and IV can take it from there.

    I have some exp doing this for my company. If you need any help...let me know.



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  • abracadabra
    06-15 01:43 PM
    It is law that he has to give the experience letter from previous employer





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  • delhirocks
    05-31 01:21 PM
    This is the least we can do...



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  • rskanth
    08-08 06:19 PM
    And you know this how?:confused:





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  • bathuzp
    11-11 02:30 PM
    where can i find this free attorney on net and do u have a number that i could call at.



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  • reddog
    07-08 01:25 PM
    Though it is not of my concern - I see that you want to file a divorce with your current spouse and then remarry another person - while I don't know your personal specific situation - I would suggest that you must try and work it out with your current spouse

    I see a lot of divorce cases these days among the immigrant community and when we look into it further - many cases divorces could have been avoided if spouses were more accomodating.

    Once again - I have written this with a good intent. Please do niot shoot me down. Admins can delete my post if needed.

    wb, agony aunt
    and stop watching those Karan Johar movies.





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  • h1b_tristate
    07-27 08:02 PM
    Hi everyone,

    I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?

    A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.

    Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.

    Thanks



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  • martinvisalaw
    06-15 11:46 AM
    You should have no problem filing a 2nd 485 even though you already have one pending. This happens often, especially when a foreign national marries a US citizen while an employment-based 485 is pending. I've prepared this type of case many times. the faster 485 will be approved (hopefully), so the slower one will be denied because you already have permanent residence at that point.





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  • ilwaiting
    06-15 02:52 PM
    I see your PD is 2004? there are thousands of people whose PD is probably before you waiting to file 485. I guess they would get there GC's first. I don't think there is a way to speed up the process. It should be FIFO.

    Friends,

    Like me, many of you have filed I-485 before Sept 2005 and got stuck due to priority dates getting retrogressed. Now that that the PD is current what action should we take to get the cases approved and not get stuck again.

    PLEASE POOL IN YOUR INPUTS so that a collective thought will put us in the right direction to get the GC approved before the PD move back.

    TIA.

    Please see my Signature below for info regarding me.
    EB3/VSC/India
    PD July 2004
    140/EAD/AP/485 file RD:11/05/2004 ND:11/09/2004
    EAD1 Approved:11/22/2004
    AP1 Approved:11/23/2005
    140 Approved:2/1/2005
    EAD2 RD: 10/06/05 AD: 10/25/05
    AP2 RD: 10/06/05 AD:10/31/05
    EAD3 RD 7/7/2006 AD: 7/27/06
    FP1 - 03/10/05
    FP2 4/25/07
    SELF Name Check Cleared!!!: Dec. 2004 & Jan 2006.
    SPOUSE Name Check Cleared!!!: Mar. 2006



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  • malibuguy007
    02-06 05:38 PM
    I don't know where you are but as far as California is concerned, most non-compete clauses are not enforceable.





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  • Shootist
    June 9th, 2004, 07:35 PM
    I like it when things happen serendipitously - they are much more fun. I like the first shot. Shortlived and fragile, bubbles are fascinating things. You find yourself willing them to last longer but they never do - unless you shoot them.



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  • Sakthisagar
    09-08 12:10 PM
    Ban in private company out sourcing also is very much necessary for USA. These so called multinational companies are minting money and this is not benefitting any one except the higher executives and board of directors of those companies. and of course Politricians.

    PS:- If I am in India I will never say that OS is necessary, India should grow on its own pace with her talent and brains. India should have their own economy and techonology and not OS money going around.
    Great OH, baan Private OS also.





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  • wandmaker
    08-14 06:44 PM
    Congrads. Did your dependent got approved I-485?

    Yes, we received everything together (email, welcome notice and card).



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  • akred
    03-26 12:45 AM
    My information is 12 years old, but something you might want to check into. Back then Emirates would put you up in a downtown hotel if you wanted to break your journey. And you didn't have to get a Dubai visa if you were staying less than 24 hours.





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  • eilsoe
    10-03 02:03 PM
    hehe, I hear ya! :P

    Have fun... :evil:





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  • adusumilli
    09-27 09:34 AM
    from tracitt data it looks like NSC is going by Notice Date than recipt date. looks like NSC is processing aug 13- aug 15 ND cases now.





    s416504
    11-16 01:30 PM
    After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee ??????????

    Inform verbally/New I9 Form? I haven't done this in past. I did used AP 2-3 times in past & haven't informed employer. What employer is going to do if we inform that we are on parolee status? Any USCIS law tells this to do?

    Can any lawyer comment on this situation?


    If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.





    imh1b
    12-03 02:09 PM
    Why do we need Recapture more than DREAM ACT or with DREAM ACT?

    What makes recapture an important issue as mush as DREAM ACT issue?

    Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.

    I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?



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