воскресенье, 26 июня 2011 г.

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  • rolrblade
    10-08 09:57 AM
    Hello Friends:

    I have a I-485 pending (receipt date 7/19/07) with the USCIS. The situation is my company (Company A) has now officially laid me off and my last date is on November 16, 2007. I have spoken to them about the possibility of extending this date till Mid January 08, but it is NOT GOING TO Happen. Nov 16 will be my last date.

    I have an offer from a different employer (Company B) for a SIMILAR job. I have an approved I-140 from the original employer and have assurances that they are NOT going to withdraw the I-140, since this is a company layoff and no fault of mine.

    My questions are the following:

    1. What is USCIS view when they see the new H1B transfer petition? Will they reject my I-485?
    2. If I take a job with Company B, starting Nov 17, can I use AC21 and send in the letter after January 15 (180 days pending).
    3. Do I have any other options here (I dont have EAD yet, just applied last week)

    Your responses would be greatly appreciated. Please help.




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  • dollar500
    08-02 11:39 PM
    ....bump.....




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  • GeetaRam
    06-14 03:47 PM
    very useful link... even I didn't get why they mentioned foreign consular processing... what exactly that mean ? I also have question
    I am working with my employer from 2005 to till date. My green card was filed in EB3 cateogory with in 2007 and priority date is March 2005. Before I started working for my currently I have worked for more than 5+ years in India with real experience from companies like IBM, Knabay. My employer is ready to file my GC in EB2 category considering those experience as my current experience with him doesn't get considered if for EB2 Bachlors + 5 + years. I have BE in Computer Science + total 10 years of experience. As I hear mixed review for the same that porting between EB3 to EB2 with same employer... I am considering option to change employer but my question is. I have my I-140 approved thru current employer but my I-485 application hasn't been filed. What if my current employer revoke my I-140 can I still use the same priority date.... Please advice/help.




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  • thirumalkn
    07-26 05:11 PM
    Thanks for the info vxg. Thanks for sharing.
    So, did you notify USCIS at any stage about your promotion ?

    My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.



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  • shaikhshehzadali
    07-11 11:35 AM
    No big deal man...mine was approved in 2 days from NSC..;)




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  • Motivated
    10-27 09:22 AM
    to Motivated...

    Seriously, .... Are you really thinking about getting this guy :p

    Good Job!

    at least there is some action involved, you should join too....especially if you are from WI

    just saying meragcdedobhai - won't get it.



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  • desi3933
    03-04 11:58 AM
    >> Do you have a Green Card?
    This is not a legal question. If question is posted on web-site, that can be reported.


    The questions should be
    1. Do you have the legal right (i.e. appropriate documentation/work permit) to work in this job position?
    2. Can you (the applicant), within 3 business days of employment, submit verification of both your identity and your authorization to work in the U.S. pursuant to the U.S. Immigration Reform and Control Act of 1986?



    ________________________
    Not a legal advice.
    US citizen of Indian origin




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  • GCNirvana007
    04-02 04:00 AM
    Babu Moshay, control your temper. As it is we dont have many non-indians in our group. You are putting off stray non-indians who come here to seek advice. (This guy is from Romania).

    Why you will get GC quickly if you have more non-indians? OR
    You are trying to be nice to them coz you are insecure of yourself in your subconscious mind? OR
    Is it that he yelled at a non-indian which broke your sensitive heart?.

    Whats your point?

    Would have been better if you stopped at temper. Doesnt matter if its indian or non-indian. Try to treat all people the same in your mind first irrespective of color and culture. Stop selling yourself short.



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  • Rajwaitingon140
    12-18 12:21 AM
    Buddy

    When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.

    Thanks
    Raj

    I am planning to visit Mexico (not for H1 stamping - plan to use AP), I had called up their consulate in Philly and was told that they are not issuing visas at that location until Jan first week. The person I spoke to suggested that I go to the consulate in New York. I tried calling the consulate in NY, however, I could not get to speak with anyone there. They had an automated message that lists the things required for the stamping, the visa fee ($36), etc.,

    However, no info if I have to schedule an appointment, how long they require to process the application.

    Does anyone here have an experience with the Mexican tourist visa stamping?

    Thanks in advance.




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  • terpcurt
    January 6th, 2005, 09:00 PM
    of the technique....

    on the back layer, use gaussian blur, then erase, getting a sharper than background coloured bit.

    add some saturation....

    whadddya think?

    Robhttp://images8.fotki.com/v146/photos/1/173093/1080432/2flower-vi.jpg


    I see what your getting at...... yep... I do like that too.... still have a lot to learn :D



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  • onemorecame
    03-26 01:09 PM
    I Wish "C" for all category




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  • EB3_SEP04
    07-01 07:37 PM
    Hi All,

    I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.

    Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.

    Preferred Vendor X > the Client C

    Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?

    Let me tell you one thing, "You've got guts, buddy", Congrats on the bold move. not many people dare to do that.

    Can he do so? - Theoratically yes, practically: highly unlikely.
    if he is a typical consulting guy with less than 50 emps, he won't do it, because such employers almost always make "adjustments" that puts them in extremely weak spot during such law suits. here are some examples:
    - a guy was laid off, his new employer sent him on a project even before filing for his H1 transfer
    -many consulting companies do not pay salary while the guy is on "bench"
    - they many times knowingly/unknowingly commit tax/accounting fraud or regulatory mistakes that can cause serius consequences

    - a friend of mine was interrviewed by a client and when the result was positive, his new would be employer called him at a McDonalds and asked him to sign the contract right there (within 30 minute of meeting), and my friend did. Now most people won't see anything wrong in here. but a lawyer told me that my friend was not given enough time to read/understand a legal document and to talk to a lawyer ideally enough time is about 2 weeks. How many small consulting companies give 2 weeks when the interview at client is clear?

    In your case, the end client is not your employer's client. Ask him to show the contract between him and the end client.

    bottom line of the story is: there are many defenses that one can play and win the case and/or even put the employer in trouble. That's why most small employers don't do much beyond sending a lawyer's notice (just to scare you enough to write down a check). A real nasty guy can even go one step further and file a law suit only to withdraw it later if you decide to fiight it.

    Good luck buddy!



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  • psaxena
    06-22 04:04 PM
    I was thinking on how USCIS may be working.. heres my thought.

    Boss come out of the cabin and a clerk approaches and says, Saar ji need vacation kids are getting bored in their summer vacation, boss being in a good mood announces okie everyone go on vacation for 2 months, also ask the internet guy to make the dates "UNAVAILABLE"

    Then some seniors are planned to visit the USCIS office, since the dates are not current all the clerks are chit chatting, playing games on computer, texting..etc etc.. boss comes out of his office and says, what all you guys are doing ?? Get back to work.

    Again a clerk comes to the officer and says :D saar dates are not current what do we do, nothing is there to do. Boss turns really angry and says go and preadjuducate the preadjudicated cases and send RFEs. Show that you are working, make some calls threaten people of fraud, send finger printing notices.

    To check if this huge force is working or not he logs on to immigrationvoice.org and and start browsing the threads and then he find people posting question about the RFE on medical TST etc etc.. He is happy and satisfied that his clerks are working and may get an appraisal from his who is likely to visit the office anytime.

    :D:D:D:D:D:D:D:D:D




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  • H4_losing_hope
    02-13 04:33 PM
    H1B or not to Be is the question ?

    join IV for the answers ;)

    I like this one!



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  • ramnadhan
    12-13 04:49 PM
    January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2

    India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.

    I hope this info useful for our fellow members.

    Thanks,
    Ram




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  • learning01
    05-22 12:48 PM
    It is their level of competence and their best.

    Who are you (or we) to label them otherwise. LOL.
    No mention on incompetence on part of DOL?



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  • martinvisalaw
    06-15 04:52 PM
    Dear Ms. Martin:

    Hello. Thank you for your timely and to-the-point reply. I will file for I-485 petition (family-based) as soon as my PD becomes current. A couple of questions:

    1. I know for family-based I-485, my sponsor (my father) needs to show financial support through I-864 (Affidavit of Support). What should I do in unlikely case that my father lost his engineer position in his company? My parents actually own their house (no loan, about 250K house) and have decent amount of money for retirement. Is this enough to convince USCIS?

    2. National Visa Center sent my father a notice when USCIS transferred the approved I-130 application to NVC. The notice stated case number was assigned and asked us not to make travel arrangements. Obviously, NVC still believes I am aboard because in the I-130 form, my father stated that I was aboard. Should I inform NVC that I am in the country and would like to do AoS instead of CP?

    3. I assume that I can apply for EAD/AP along with the family-based I-485. Am I right?

    4. Do you have an estimate family-based I-485 processing time? I was told about six month. Is it true?

    5. Please give me a fee quote for I-485/EAD/AP?

    Thank you so much. I am looking forward to your reply.



    Sincerely

    1. See this blog post for details about how to satisfy the Affidavit of Support requirements: http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support.

    2. You can file the 485 without directly notifying NVC. CIS will request the file back from NVC, though this might delay the 485 approval a bit.

    3. Yes, you can apply for an EAD and AP with the 485.

    4. The processing times for I-485s depend on where you will file. Please see this link, since I don't know where you live: https://egov.uscis.gov/cris/jsps/ptimes.jsp;jsessionid=acbL_QZGptL4VhpFeDXgs.

    5. I will send you a private message re fees. Thanks for the inquiry.




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  • zCool
    03-21 12:20 AM
    I think relevent part here is Q 1.
    Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under �106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it�s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
    post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
    response is received, and if the petition is approvable, follow the procedures in part A above.
    Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected
    by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
    --------------------------
    If that isn't risky.. I think you are all set for that week-end bungy jump from golden gate bridge!




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  • mytrix76
    01-10 01:50 PM
    She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.

    Thanks

    Thank you guys.
    So you mean when you came back on AP some time ago, you continued working for the same employer without switching to EAD and then were able to extend that H1 at later point without any problem?




    GCDelay
    11-30 02:36 PM
    xxx




    walking_dude
    12-21 09:39 AM
    First we need to contact the madam @ 10 Janpath. Without her choreography Papa singh won't dance and neither will the daughter.

    ( Papa Singh isn't helping us much! It would be naive to assume his daughter will help us because of who her Papa is)

    I just read at TOI that Dr Manmohan Singh's daughter Amrit Singh is a staff attorney at ACLU.

    http://timesofindia.indiatimes.com/PMs_daughter_puts_White_House_in_the_dock/articleshow/2639327.cms

    Can she be of any help to IV's Agenda. Has IV core considered contacting her.



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