Monday, June 27, 2011

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  • yabadaba
    06-22 09:40 AM
    My colleague told me that he took only chest X-ray and not done skin test he got his GC.
    hemasar....dont give wrong information. Just becuse your colleague said that he got it does not make it a law. Please be prudent in providing correct legal information!




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  • sroyc
    11-09 01:24 AM
    I think they are talking about the number of receipts that were issued in September, not the number of AOS filings.

    why more filers in Sept than June? I thought most PDs were better in June than in Sept...




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  • rpat1968
    09-03 11:42 AM
    Still Waiting... Frustrated after seeing so many out of turn approvals for later PD's.

    PD : 08 July 04 ND : 08/09/2009
    Last LUD : 04/14/09 (Aftter Replying to EVL RFE for Primary and Marriage Cerificate for Spouse).

    Be Patient, i do fee that all whose pd is before jan 2005 EB2 India will get their GC.
    Hang on there, you will get it, more than likely by EOD today.




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  • desi3933
    06-25 03:44 PM
    You guys are great. Guys like you are making this world better place to live. I wish you both good luck.

    I decided to apply I485 as future employment. My attorney charged complete GC fees when I got I140 approval. So now I have to pay only application fees but not any attorney charges. Do you guys know info about following?

    I485 applicatio fee:
    I-131 applicatio fee:
    I765 applicatio fee:


    Once again thanks for your advice.

    http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCR D



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  • GooblyWoobly
    07-18 06:56 PM
    I may be wrong on Q2 but on Q1 I am 100% certain that unless you file your 485 under the new fee structure ($1010), you will have to pay the new EAD fee each year when you renew your EAD.

    New EAD is for 340$. So, what you are saying is, I pay 340$ now to apply and 340$ every year to renew? That'd suck big time.




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  • sdrblr
    10-07 10:59 PM
    Since they came to your work location, can you not contact your HR/ Payroll dept and get the payroll journal?

    How can they come to your desk randonmly and ask for pay stubs? Nobody carries paystubs to work everyday.Are these raids authorized by USCIS. Is there a memo that mentions this from USCIS.



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  • Templarian
    11-28 08:49 PM
    Yea, Scythe I think rotating the text made it a bit to complex. :trout:




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  • sam571
    05-08 10:20 AM
    Hey jvs_annapurna
    Congratulation on your approval .

    I have one question for you? Your new Company is direct client company (like Google, yahoo)
    or its a consultant?

    Because I am on H1 with consultant, but not able to find projects for last 6 months, and have a offer for a full-time position with very small start-up company? Should I put my legs in this transfer process ? or should I wait untill USCIS gets soften?

    Please advise Gurus,

    Thanks.



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  • mchundi
    02-16 06:02 PM
    Let us put it this way. Short term we can get some benefits of the 90 k visas that can be recaptured (140k according to the Ombudsman - 50k which went to Schedule A last year) But now 90k , regardless of whether it frees numbers for all countries, is going to be a short lived relief . With so many cases coming out of the backlog, there has to be some long term solution for this. All the comprehensive immigration bills had been talking of raising the per country quota by a couple of % but you have to also see that they are redistributing the allocations to EB1, 2 and 3. So I guess in the long run, there is no other option but to increase the overall quota
    In the long run yes, we need to think big. One reason i brought this up as several of the immigration bills were to be taken up last year, but the Senate is not allocating enough time to discuss this. The house for its part passed a partisan bill with very little benefits for the legal immigrants.
    If the discussion on some of the controversial issues in the "CIR" get ugly things may be postponed to the next year(Not much activity may be planned as we get closer to elections, most house members may go back to campaigning).
    90k is not much, but the way USCIS works is odd. Because they cannot process 90k +140K petetions in a short time, it will allow everybody to file I-485 and get portability.
    --MC




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  • BharatPremi
    03-19 07:59 AM
    I need advice..My project ended yesterday and I have another opportunity to work on EAD. I know my current employer will not be able to find a job for me as has been the case earlier and he will remove me from payroll soon. Can I start working with new employer and do not resign from my current employer?

    I need help on this as I do not want to terminate my job from my side.

    Any advice will be appreciated.

    Thanks,

    You would be resigning not terminating in case of joining a new job. Conceptually termination and resignation are completely different. Termination may have positive or negative meaning whereas resignation generally have positive meaning. Written proof of resignation is always a good. You can not do that what you want to do and if you do perhaps it will lead you towards your own grave assuming your employer and you do not have very good terms and/or relations. wih each other Suppose say if you do that, employer would simply notify USCIS to terminate your H1 as you have not resume your duty since last "so&so dates" and he may proceeding for some legal action for the the loss of so and so dollars as you did not work without notification... I mean to say if you want to play the games then your employer also can play games and perhaps it may be the master since it had to deal with many people having same mentality and might have gained better experience in that so I would suggest not to take that route. If you do not have any problems with your employer , yes certainly you can do that but again it is not advisable.



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  • knowDOL
    05-19 10:26 AM
    One more thing, never disclose anything with company's attorney, they will be loyal to your employer and not you. Look for soem other attorney.




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  • glus
    10-09 01:07 PM
    I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:

    1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?

    2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.

    3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?


    I shall be thankful to you to get my answer.



    Thanks & regards,
    SU1979

    This is a complicated situation. Technically you are in "authorized status" stay because your H1 transfer is pending. I don't know what happens if and when USCIS realizes you never worked for company A. I assume, they will grant your H1 transfer but will not extend your period of stay in H1 and you would need to re-enter on a vailid H1. I would suggest contacting a good lawyer regarding this quickly. Once you are out-of-status for 181days you should not file I485 as it would not be approvable.

    As for the second question; if you manage to receive AP and at the time you re-enter the US your I485 is pending, normally you will be able to re-enter without any visas in your passport.

    Third question; yes, If you get married after you get GC, it will take much longer; about 4 years at this time, for her to get a GC. If you marry her before your I485 is approved, you can attach her to your GC and she will receive GC at the same time (approximately) as you do assuming all other conditions are met.

    Speak to attorney regarding item 1 as soon as possible or do H1 premium to see what happens.



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  • doceb2
    04-13 06:20 PM
    i also need the answet to this question , how should one respond if somebody gets rfe with different job




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  • sroyc
    08-03 12:32 PM
    There is no box for A#. The fields are - Receipt #, Case Type (I-140), Receipt Date, Priority Date, Petitioner, Notice Date, Page (1 of 1), Beneficiary, Law firm's name and address, Notice Type (Approval, Preference category).

    This was around April 2006. Maybe they changed the format?

    There should be a box for A number, is it blank?



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  • qualified_trash
    12-01 05:47 PM
    You cannot apply the extension for 3yrs with new employer as your labor and i140 are tied to old employer.

    this info is incorrect. from a murthy chat transcript...... available at :

    http://www.murthy.com/chatlogs/ch102306_P.html

    Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.

    Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.




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  • needhelp!
    03-24 12:43 PM
    Call them at: 1-800-433-8850



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  • hebbar77
    09-20 10:03 PM
    Atleast we see the green card at a distant horizon. People who want to start with PERM now are told by a lawyer that it might take a year for PERM alone, and upto 8 years before they see the CARRRRRD.

    I just got my EAD. I will assume its my GC.




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  • aph0025
    11-12 12:24 PM
    it depends on USCIS officer. i had a good lawer when I applied for h1b transfer. i got stuck for one 15 days paycheck. eventually it is cleared after submitting the paper work. having good lawer is not enough. depends on your luck or USCIS officer also

    Thanks for your input. So, the pay stub that you submitted, was it from your previous employer, or the one you got your visa transferred to? Hey, if you don't mind, can I have your lawyer�s contact details?




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  • kondur_007
    10-30 04:06 PM
    In my case - which is little different than you since I'm actually transferring my job to a different subsidiary of the same employer with employer's blessing - attorney advised to file AC21 even though I had just received my GC. It sounds counter-intuitive but his logic behind it was as follows: USCIS will surely reject AC21 letter stating the candidate has already received GC. You can then keep this response in your file and use it to defend your case if there is any problem down the road (for example, during your citizenship processing) since you had informed USCIS and they themselves said it's not necessary. In case they do not reject your AC21 request you will still be fine since it means you invoked AC21 even though you got your GC so it should still be okay to switch before 6 months.

    As always this is one attorney's personal opinion/strategy so please consult your own attorney before doing anything.


    Thank you very much for sharing this information, this is a very good point; I never thought about it.




    webm
    03-19 02:32 PM
    RD is also not a reliable predictor since there are people who have been approved who applied for AOS in July 2007 while those who had applied prior to this are still waiting to see the light.

    It is a random process for sure.

    yes looks like its a random pick..

    There are guys which got and not got (waiting) even PD is current and RD not fall under processing dates.Its kind of mixed possibles!!




    Winner
    05-21 12:31 PM
    Good post
    Pappu, Can this post be moved to "Ask lawyers" area of forum to get other lawyers opinion as well?

    I've seen many companies trying their best to convince their employees to use their EAD instead of paying 10 times more for the H1B extension. This is very valid from company's stand point.

    But it will be helpful for fellow immigrants to know exactly what they are getting into when they decide to when they abandon their H1B visa.



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