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  • dilbert_cal
    04-15 12:04 PM
    If your employer remains the same , the job remains the same and the job location is only changing by 8 miles, you have nothing to worry about. It will NOT cause any issues.

    Btw - Did you talk with your company lawyer and/or your manager about this ? What is their opinion.

    ps :- You have two threads - please delete one of them or edit the post so that two threads do not go in parallel.




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  • reddyram
    07-18 12:46 PM
    First of consult some American Lawyer who is close to labor law , because even lawyers act at times with some point of interest , which need not be yours . There is no such thing as a "bond" in US ( Unless you are on L1 ) so to BOMK , you are fine.




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  • pappu
    07-14 10:18 AM
    Nobody knows much about when Skil bill will be debated. Webfaxes are a means to influence lawmakers to bring this to the floor of the house. Independent analaysis by a lawfirm based on collection of information from various sources indicates the chance that some business backed bill for high skilled immigrants will be passed this year. There is a 45% chance that it will get passed early next year. You can view details on this link.
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  • dontcareaboutGC
    03-19 01:55 PM
    What I interpreted it as was "for usage towards family based immigration". Essentially if the EB demand is lower then there is not need to use the AC21 towards EB catergories and that can be applied towards Family Based Immigration.

    Technically these are basic laws laid down by congress- The interpretation of those laws is in the hands of the regulatory bodies which execute the laws. For e.g the mis-interpretation of the vertical or horizontall spillovers. It wasnt correctly done till 2007 I think and then all of a sudden they started to interpret it the way it was originally intended to be.



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  • rockets12345
    10-31 05:50 PM
    yes california service center didn't accept my H1B extension application and returned back saying we have to file it in Vermont Service Center that's what my Attorney told me if he is not lying. But the good thing is my EAD shows 10/10/2007 start date and my H1B expired on 10/11/2007.

    But I still am not using EAD and have sent my H extension to Vermont and hoping for good. So for some reason if they don't approve will use my EAD from that point. But will it cause any issues in future or on 485

    But lesson learnt is never hire cheap lawyers most of the time they don't know anything.

    Thanks




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  • sunny1000
    05-14 10:32 PM
    Thanks IV core! Will continue to contribute...



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  • desi3933
    06-25 11:44 AM
    I was working with employer -A till 2006 and got I140 approved (June 2003 priority date) in EB3. In November 2006 I joined employer B as it is good for my carrier. I talk to employer A (body shopper) and he is ready to support for my green card as I worked for him for six long years and still he did not cancel my old H1B. My main aim here is to apply I485 as soon as I can.


    1. I have two options here my old employer (A) is body-shopper. So he will agree for both future or current employment. I have very good permanent job and bright future prospects with new employer (B). In this case what you guys advice me? Apply I485 as future employment or quit present job and join old employer (A) and apply I485 as current employment?

    2. If I do not join old employer (with whom I have I140 approved) now, in this case what are my options for I485 applying? (Only future employment I485/ I can file current employment I485 and not drawing any salary from old employer )

    3. Will I485 as future employment has any problems?

    4. Can I use AC21 after 180 days on my I485 future employment application?

    5. My new employer (B) already applied PERM LC for my GC in EB2 three months back and did not here anything from Atlanta DOL till now. What you guys advice me? Is it worthful to wait for this new EB2 LC or apply I485 as future employment with approved I140-EB3 with priority date June 2003.

    I am in really dilemma and unable to decide. Appreciate your advice in this matter. Thanks in advance to all your replies and wish you best of luck.

    1. Apply I485 as future employment (GC Job Offer from Employer A)
    2. Same as #1
    3. No, as long as you have job offer for open future GC job
    4. Yes. AC-21 can be invoked.
    5. Same as #1 seems to be better option

    Not a legal advice
    -----------------------
    desi3933 at gmail.com




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  • lavanyamohan
    11-20 08:58 PM
    message sent to CBS60 minutes...



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  • GC20??
    08-12 03:26 PM
    As my priority date is current I contacted my local congressman's office for help with my I-485. NSC replied back to the office (see reply below) saying my background checks are still on. But the officer at the infopass appointment said my backgrounds checks are complete. I don't know whom to believe.

    Is this some kind of standard reply that USCIS is giving for Congressman's or Senators case status inquiry?

    Good morning XXXXXXXXXXX,
    Re: I-485s <Applicant Name>

    I have conversed with those in charge of these cases.
    The United States Citizenship and Immigration Services (USCIS) is
    committed to adjudicating immigration benefits in a timely, efficient
    manner that ensures public safety and national security.

    Toward that end, USCIS requires extensive background checks for every
    application or petition it adjudicates. While background checks for
    most applications or petitions are completed quickly, a small percentage
    of cases involve unresolved background check issues that result in
    adjudication delays.

    Background checks involve more than just the initial submission of and
    response related to biographical information and fingerprints. When
    checks and/or a review of an administrative record reveal an issue
    potentially impacting an applicant's eligibility for the requested
    immigration benefit, further inquiry is needed. The inquiry may include
    an additional interview and/or the need to contact another agency for
    updates or more comprehensive information. If it is determined that an
    outside agency possesses relevant information about a case, USCIS
    requests such information for review. Upon gathering and assessing all
    available information, USCIS then adjudicates the application as
    expeditiously as possible.

    We have checked into your constituent's case and have been assured that
    the agency is aware of your inquiry, and is monitoring progress related
    to it. However, unresolved issues in your constituent's case require
    thorough review before a decision can be rendered. Unfortunately, we
    cannot speculate as to when this review process will be completed.


    We realize that your constituent may feel frustrated by delays related
    to his or her case. As an agency, we must weigh individual
    inconvenience against the broader concerns of public safety and national
    security.

    We hope this information and assurance are helpful. If we may be of
    assistance in the future, please let us know.

    I hope this information is helpful to you. At this time I am closing the
    inquiry on this matter.

    Thank you,

    <Officer Name>

    Immigration Services Officer

    NSC Congressional Unit




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  • Libra
    08-10 02:58 PM
    thanks another_one



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  • joydiptac
    09-30 05:33 PM
    AILA Leadership Has Just Posted the Following:
    Dear Director Mayorkas:
    Last week in a speech you ...
    More... (http://ailaleadership.blogspot.com/2009/09/rfe-hell-and-increased-uscis-filing.html)

    What is AILA complaining about?
    The fee increase? really??:D
    or Increased business that they are getting because of RFEs or that USCIS has become efficient and has pre-adjudicated most of the waiting applications by interviewing, RFEs and actual site visits.
    Oops! Did I just say that. My bad! Sorry! I should probably have said "Naughty USCIS!!!" USCIS is closing files that AILA wants to remain open forevverr so that the juice keeps flowing.:D
    AILA - consider rephrasing your statements these are too transparent. And ... Speak for yourself.

    READ THIS:
    We the immigrants (customers of USCIS) are perfectly fine with RFEs and interviews and site visits as long as it leads to PRE-ADJUDICATION and green card. Most of us don't even mind paying extra to end this wait. If AILA is really concerned about us please try to do something in that direction so that we can get relief by recapture or thru new legislation or admin fixes.




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  • bigsky
    10-17 06:43 PM
    I received a letter from BEC and it says
    This Notice of Findings is the Department�s statement of its intent to deny the application.

    The following reasons were attached in the document:

    1. - The job opportunity has been and is clearly open to any qualified U.S worker.

    The case file indicates that telephone calls were placed made to U.S. applicants but the calls failed to reach the following applicants: A,B,C (name of the applicants)

    Although telephone calls were unsuccessfully places to the three U.S. applicants, no certified mailing or other attempts were made to contact the applicants. An employer must prove that its overall recruitment efforts were in good faith.


    The employer may rebut this finding by:
    Providing documentation that certified mail was sent to the four applicants which demonstrates the employer made the minimally acceptable effort to recruit U.S. applicants.


    2. The department of labor requires that when submitting an Application for Alien Employment Certification the case file must contain two sets of original ETA 750�s Parts A and B. your case file contains only one set of original ETA750�s. The other set of 750�s in the case file are photocopies. ETA 750�s with photocopied signatures are not acceptable for processing. In order to continue processing the Application for Alien Employment Certification you must send an additional set of original ETA 750�s.

    A copy of the Form ETA 750, parts A and B, have been returned in the event that any changes are necessary. The amended copies must be returned with your resubmission. Any amendments made to the ETA 750, Part A, must be initialed and dated by the employer: and any amendments made to the ETA 750, Part B, must be initialed by the alien, as appropriate.

    It is the employer�s responsibility to submit the rebuttal in a timely manner directly to the certifying officer.


    I got already my 7th year extension and it valid till Nov 2007. I spoke with my attorney and he seems to be positive, but he could only able to find two of the three candidates email correspondence.

    Please let me know if you have faced similar situation or any suggestions. What is the possibility of my case gets approved?



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  • maine_gc
    02-02 09:08 AM
    Thank you all.

    I will be looking this site every day as i did before.

    Thanks




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  • GCBy3000
    05-19 09:35 AM
    Yes, keep all you honest opinion within your self until your shackles are removed. We all know the visa status H1B is exploting point for some consulting firms and employers. Knowing this I do not understand what is the need of expressing "my desire NOT to stay with him any longer than I need to"

    Keep this desire within your self and keep the GC ball rolling until you get some command. But you have already said so. With my experience, I would say the employers and attorneys have very good relationship which they are supposed to have. With this relationship, they will find all the means to do whatever they desire to do. So be patient and butter your employer and get your job done.

    Patience wins in this GC process.



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  • pappu
    02-16 02:20 PM
    Hi,

    Just saw this thread today. Hence, unfortunately missed the opportunity to attend yesterday's call. I would like to join into this effort.

    Please let me know of the next time we plan to get together about this.

    Thanks
    get in touch with ivuser




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  • posmd
    06-08 07:45 PM
    Guys,
    I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
    As we represent one family can't my wife use my PD and apply I 485 under EB2.
    for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
    Why not in this case ? Just curious !

    Faced with this same predicament. The truth is the US immigration rules were not made to cater for this era of fast paced change and lifestyles.

    When the current EB rules were fashioned, mostly in the early 1960s most families had one working household and were generally migrating in the very highest skills level. Opportunities in the high skilled fields were also not as prevalent as they are today. US was not the knowledge economy it is today.

    In the same sense people if they would migrate did so just once in their lifetime, nowadays people often shift 3 places sometimes even more. Hence your citizenship does not count, only your birth place. Imagine the insanity in a scenario that you are from antigua and you are born in India while your father was serving as the consul general there. If fate and destiny have you wishing to immigrate to the US now in the EB2 category then you would have to have a PD of Jan 2003 as opposed to current.
    Many such combinations are possible, but in my humble view all this country quota stuff for EB based immigration is ridiculous and worse yet when it takes no acccount of population size. Clearly they ought to be more discerning in who they allow in via EB immigration by tightening the regulations as they stand currently, but this insane quota is off base in todays world.
    A quota system for family or any other type of immigration is more reasonable, but once it is deemed you are immigrating based on your skills why should something else matter in this land of opportunity where every man is considered equal and is said to rise or fall on his ability and nothing else. Perhaps others know the answer to this but it befuddles me and makes me realise how antequated the rules really are.



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  • sareesh
    11-18 05:15 PM
    Hello enggr,

    I might have the same problem.
    where you able to convert to EB3?
    Please let me know.

    Thanks,
    SG




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  • gcdreamer05
    01-12 01:42 PM
    best suggestion is go to india, you can easily get flights if you return within a week... go get it done and be back...

    One question to u, what did you tell them or how did they give you back your passport when their background check was in process,, did you explicitly request that your passport be returned or they gave it themselves...




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  • harryom
    04-10 11:16 AM
    Gurus:
    I am into 8th year of my H1b and getting it approved every year becuase of pending I-140/I-485 application.

    Situation1-->I recently I noticed my I-94 number with new I-797 approval notice does not match with the one I had only passport. New I-94# does belong to me in tha past I-797 approvals.
    Q1: Is it major problem and do i need to fix it right away or I can wait to apply for extension for next year? My immigration depatment is silent on this , may be because they made a mistake in I-129 petition form.

    Situation2: Even my paspport in I-129 has typo...but I have recetnly got new passport from NYC as it was due for renewal.
    Question2: Do I need to update USCIS with new passport#, if Yes..how?

    Situation3: While submitting I-129 form my immigration dept also did not put in Alien number and I noticed that its not showing up on my I-797 approval notice.
    Question: Is it something that also need fix or shall I wait form next year extension. Is it required in H1b notice as I have pending I-140/485.

    Any suggestions/advice..please share it if any one had similar experience..

    Thanks




    maverick_joe
    02-12 03:25 PM
    gc_bulgaria, whos is the primary on your application? you or your spouse?and who falls under ROW?

    These are the following I used on top of the stupid cover letter that I am sure they dont see.

    1. Talk to Congressman's office
    2. Letters and faxes to USCIS
    3. AILA liason (through your lawyer).

    In my case the lawyer's connections helped. Even though my PD is current now as per VB, till they reach my notice date, they will not touch it.




    lskreddy
    07-14 08:38 PM
    My wife and I are from Austin. I have a few friends that are in Dallas that will be more than willing to participate in any organized activity...



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