Wednesday, June 8, 2011

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  • sbabunle
    09-05 05:38 PM
    I have a hypethetical situation

    1. Say in the election Dems get both house and Senate AND
    2. No compromise happens in CIR at Lame Duck Session too. Also
    no SKILL passes too AND

    3. New winners Sworn in and its congress controlled by Dems.

    Now what is the status of the CIR that was passed in the senate and
    that house bill passed? Does it expire or go annul? Or can these
    new members come a compromise on that? What could be the attittude of the congress member towards it? It would be really interesting to know the
    legal sides and political attittude of lawmakers to it.

    thanks





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  • pappu
    09-08 12:24 PM
    One big question:

    Who runs this free calling service?

    There is no contact information or legal disclaimers. It is just a one page website.

    BTW I tried and it worked. But these questions are important to know this is not a fishy site or what their true goal of providing this free call is.





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  • wandmaker
    04-04 11:47 AM
    The work location in LCA was company headquarter in Houston. H1 petition was submitted with LCA from Houston.
    I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.

    Violation of visa terms. One can not predict the success rate of h4 stamping, it is upto the consular officer. Getting a H4 just gives you an option to make a lawfull entry and live in the US, does not eliminate the risk of 485 denial because one should have maintained the proper status until the filing of 485.





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  • satishku_2000
    06-15 11:08 PM
    Dude i think you have WAYYYY overestimated the processing times!!

    I think I might have ....I will not be surprise if they establish BECs for all of these ...:) BECs for AP, BECs for EAD and BECs for 485 ...

    The guys who dint have experience with BECS in labor stage will see what BEC means. People like me have to experience more than once ...

    If CIR passes in its current form forget about GC for 15 more years ....:D :D :D :D :D :D :D :D :D

    This is what an american friend of mine mailed me back when I told him that I can finally apply for my 485..

    "Glad to hear.

    but.... correct me if I'm wrong but that doesn't really mean anything does it?
    doesn't that mean that you're just moving from one line (where you can somewhat see your progress) to another line (where there is no update)?

    I'm not sure what the 3rd stage means. it's waiting for another 5 or 10 years or something right?
    any benefit or anything?"

    Afte that I explained him I will get certain benifits like EAD and AP blah ... Here is is response

    "well that's cool then. :-)
    glad to hear.


    So... this means another 3 to 10 years of checking a website every day or... do they not let you do that?
    :-)
    Just wondering if you'll have any sanity left by the end of that time.
    "



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  • sk26
    04-13 03:46 PM
    In my Query it states as 30 days...

    This is my first post, in this website.

    I recieved an RFE on my I-485 .

    This is a brief summary as to what was asked,
    if I am still working for the current employer, or for an intended future employer.

    1. Specific Job Title
    2. Duties of the offered position
    3. Minimum education or training requirements
    4. Start date of the employment.
    5. Offered salary or wages.

    Mine is EB-2 PD APRIL -04.

    I did not change my employer, and all the quries asked were already answered during the labor and I-140 stage.

    Did any one get similar RFE , plase let me know more in detail

    My concern is why would USCIS want to know these details at this stage?

    Thanks
    SK26





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  • engineer
    06-03 02:10 AM
    I didnot like the webfax as it doesnot cover wishes of many people like me. People who have approved Perm should be allowed to file I140 and I1485 under old system even if Point Based system becomes law.

    engineer



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  • somegchuh
    09-22 04:39 PM
    Is it possible to include "allow filing 485" if labor has been pending for 2+ years?

    Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.

    I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.

    But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.


    vivache:

    Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.





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  • MYGC2008
    04-13 10:06 AM
    Now a days RFE is very common. I got RFE on sept 2008 even though I am EB2 2006.


    Thanks guys for all your responses, much appreciated. not sure whats the RFE about, still waiting for the document, little bit tensed ....



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  • Bogdan
    06-02 11:26 AM
    Science, Technology, Engineering and Mathematics....

    Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.

    Does anyone have a list of majors included or any other information on this issue?

    Thanks.





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  • ram04
    10-20 08:43 PM
    If your new company is paying the fee use company attorney else stick with old attorney.

    Make sure the new attorney is good and capble of handling your case.

    I have followed first option in my case which is similar to yours and ofcourse my new corporate attorney is equally good.

    Hope this helps to decide further.



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  • xyz2005
    10-23 02:43 PM
    the problem is my company is not willing to give me any documents unless i loose my job. Also when you mentioned ASAP, do i have to get a job within # of days

    any suggestions.

    So many options:
    a. switch over to a "similar" job with another company on transfered H1B to new company.
    b. before getting laid off with current company, if you are on H1B and have unused EAD then you can switch to EAD by filing appropriate papers so that before termination you are on EAD and no more on H1B. Under this scenario, if u r laid off then you can look for a job (similar job to ur green card) and that might mean u can take some days to find one. See idea is when ur green card is being adjudicated you should be on same or similar job and you should be able to show salary and title and job responsibilities on new companies letter head. If you think your case is not going to be adjudicated soon ..that means you can change many jobs in between by using your EAD and only by when it comes to adjudication make sure you are with same and similar job.

    Again check with knowledgeable attorney before acting. These are my 2 cents

    best regards





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  • fcres
    07-12 04:43 PM
    I think it is true that once you are counted in the cap you will not be counted again. so you can switch back and forth H4 and H1 without being counted in the quota.

    This is what my lawyer also told me when i asked him about being on H4. I'm on 9th yr ext with approved I140 and my spouse is on non-profit H1.



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  • cbpds
    06-01 07:03 PM
    Please note prefiling allows one to file their 485 papers but will not get an EAD unless ur priority date becomes current.

    Satya & OP. I agree with you. Point # 3 is very significant to many many people who don't have EAD. I believe that nothing also happened to the pre-filing concept which would have allowed this. I also do very sincerely appreciate IV's efforts for the larger cause of CIR, let�s see what happens.





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  • singhsa3
    11-15 09:39 AM
    Simply and bluntly put

    IV is we. If you are not there , there is no IV. We are in agony and pain. Let us scream so loud that even deafs may lend their ears.

    What is at stake is you career. We have every thing to loose by doing nothing. I know, I have lost a whole lot. Probably I were better off moving to India after my MBA. I might have been doing much better there. But I am at the point where I cannot let got without trying. Have you reached that point yet?

    Here is my personal story, if you think you can do better here without the Green Card. Think again! I have been slogging in this mess since 1999, even though I have world class qualifications (Full time MBA from a top US school, several years of work experience, PMP and marching toward CFA). All this are futile , if I don't have that stupid work permit with out any strings attached (Green Card)

    Yes I do have EAD. But it is full of restriction. At least let us work together to remove that restriction..

    I don't want any freaking loosers. Loosing is their nature. I want winners to work with me. Are you the one?



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  • GCSOON-Ihope
    11-05 10:35 PM
    When you already hold an H1 and it comes time to renew it/ file for extension/ 7th year etc, or if you want to switch jobs, you don't have to worry about the H1 quota. You can file at any time of the year, regardless of H1 availability.
    Your new H1 will be exempted from the quota, hence called "non-cap".





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  • ingegarcia
    04-17 09:08 AM
    Hi All,

    I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.

    Here are my questions

    1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).

    2) What else should i do to make this injustice visible? I will work with DOl and get my money back.

    3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?


    PK

    My guess would be to report it with Labor Department instead...



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  • nashim
    05-19 11:53 AM
    Hi,
    Can some body please let me know exactly what documents need to be send after e-filing for EAD renewal.

    Following points are mentioned in the e-filing confirmation Receipts:

    1) DO attached one copy of this Confirmation Receipts
    2) DO keep the extra copy of confirmation receipt for your record.
    3) DO NOT send a copy of your e- filing application
    4) DO NOT include any applications or fee
    5) DO NOT mail photos or copies of identification

    I did NOT find any where like we need to send, passport copy, drive license copy, photo.





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  • nixstor
    02-23 04:22 PM
    AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.

    WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.

    MD doesn't allow instate

    DC has no instate concept at all :)

    VA,NY,CA,MA,IL allow instate as of my knowledge.





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  • seahawks
    09-23 04:22 PM
    I applied in early August too but haven't received mine yet. I had delayed applying for my AP and current one expired last week, in the meantime it is possible that I may have to visit India since my dad has suddenly been hospitalized. Is there a way to get an Emergency AP?

    Many thanks

    yes, go to the local USCIS office to request an emergency Travel Parole. I haven't done it myself, but when they lost my approved AP in the mail, I tried the route of going to the local USCIS office to get a duplicate one. They said there is nothing they could do and only could issue an emergency one. I expect you will have to provide some supporting documents to show your emergency.

    In my case, we had to apply for fresh AP again and we are still waiting. That was a loss of over 600 dollars and counting. This system is painful!





    Oct007
    11-02 11:17 AM
    Sorry if this question has been answered already. I searched and could not find any related threads.

    My H1B is expiring in December (6 years). My 140 is approved and 485 is pending. I have my EAD card but still working on H1B. I can get a 3 year extension for my H1b as 140 is approved.

    My priority date is Feb 2007.

    Is it a good idea to renew my H1B even though I already have My EAD?

    If I get the H1B extension, would I need visa stamping or can I use AP travel document and still be on H1B?

    TIA for the responses.





    amoljak
    05-03 08:10 AM
    nk2006, Thanks for poiting that out. I have stopped thinking beyond I140 :)



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