Tuesday, June 14, 2011

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  • lazycis
    12-27 04:53 PM
    Do you have to use / file AC-21 if your I-140 is approved (long back in 2005) and you have passed 180 days of i485 received date?

    You are automatically using AC21 if you are changing employers after 180 days. You may file AC21 letter/employment offer with the USCIS but you do not have to do it. It depends on your circumstances and preferences.





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  • Winner
    04-21 02:26 PM
    This is a grey area subject to interpretations. Talk to an Anttorney - the reason I say this is - when your 485 gets denied wrongfully (your Attorney will tell you if the REASON was wrongful) - say AC21 old employer revoke 140 after 180 days - then an MOTIC whould resolve your issue - which typically takes a few weeks to 2 months or a bit more. Whether you stay here or work here - it is the same - no "Particular status". Once your MOTIC gets approved, you are back in status - so it is a big grey area subject to interpretation and Attorneys have different views based on how conservative one wants to be.

    If you are sure your 485 can get denied for a "right reason" - then MTR or Appeal may not work - so you have to work out other options.
    Thanks Chandu. I'm not in this situation right now, but my comany is trying to force me to use my EAD instead of renewing my H1B, so I'm just looking for some vaild reasons which I can present them and request them to renew my H1B.





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  • psn1975
    11-05 09:52 PM
    no ... I did not use AC21.





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  • pappu
    05-11 01:16 PM
    thanks, it worked.



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  • abhijitp
    07-08 07:48 PM
    I was wondering if we have approached "Consulate General of India" and Ministry for Immigrant Indians (Aapravasi Bhartiya Mantralaya) and check if they can help us in this visa fiasco. Indian statesman and good enough in visiting America to get foreign investment at the state or central level, but where do they stand when the same disapora need their help to find injustice they face on the foreign land. Any thoughts?

    May be we can get their help to gather support from pro India congressmen and senators
    Sounds like a good idea.





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  • atlfp
    04-08 01:55 PM
    They probablly will put one or two into it, but I would think most of the conference member will be from other sectors, which could be positive.

    Also, PACE act is almost guarenteed to go through; We can spend all the energy to push the immigration bill to get it through the conference and then get killed again either in Senate or House because of the guest worker program.

    Don't forget that the House (Anti) Immigration Caucus has 92 members -- be assured that if not Sensenbrenner it will be another equally virulent member. Also, conference committees are nominated by the leader of the house -- nothing to stop them from nominating anyone they want.



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  • eb3retro
    10-24 03:47 PM
    Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.

    Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.

    So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.

    For tips to the other readers.

    Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
    One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"

    This has worked in many cases as doing such bothe employer and employee gets best of both worlds.


    Great advice, I sincerely thank you for your time.





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  • TexDBoy
    09-10 09:09 PM
    If your Opt is till Dec ... why did you get H1B with no I-94 ...

    I thought that only happens if you have gap between OPT and H1B ...



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  • johnnybhai
    11-19 02:10 PM
    You can print the forms and make the changes. I had done this June this year when I had to change the issuing office. No problems at all.

    About the drafts, you have to make separate drafts - one set for each applicant.

    The fees payable at HDFC Bank per passport are: -
    1. Visa Application Fee (MRV Fee): $100 in Indian Rupee equivalent at consular rate of exchange. Rupee amount at current rate of exchange (Rs. 40/-) is Rs 4,000/-
    This fee is payable in cash or by DD/HDFC Bank cheque favouring �US Embassy - Visa Fees�. DDs issued by cooperative banks are not accepted.

    2. Service Charge: Rs.322/- which includes VFS� service charge Rs310/- & Bank service charge Rs12/- (inclusive of Service Tax @ 12% and Education Cess Tax @0.36%)

    This fee is payable in cash or by DD/HDFC Bank cheque favouring �HDFC Bank a/c VFS�. DDs issued by cooperative banks are not accepted.





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  • ramus
    06-07 01:10 PM
    Please contribute to IV..
    Thanks.




    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

    Summary:
    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.


    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:



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  • kaisersose
    06-10 02:20 PM
    You should avoid phrases such as "fast track green card". That is being presumptious.

    Last year when people were campaigning for the rally, some of the campaign slogans were "come to the rally and get gc now instead of 10 years later". That is pushing people's hopes up without reason.

    The problem with such promises and anticlimaxes is, you will not be able to sustain their interest.





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  • CrazyWorld
    08-05 12:30 PM
    Why partial, If I were you I would have asked for a full refund !

    $1,290 is no small amount given for absolutely nothing in return...I would done everything to get that back and given it to a suitable charity, which is the true giving: something just for the sake of giving for the betterment of the world.


    I just want to let every1 know that I'm happy for what I am today and will always think positive and be happy.

    Please understand that $1,290 is not a reason to stay unhappy. Also, it's not a small amount and it can be used for good cause, like Charity.

    Thanks to InTheMoment for bringing it up..... that's what I had in mind too.



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  • justsomeguy
    08-21 10:41 PM
    you said you waited 5 years... i says what's another 3-5 months :)
    hang in there...3-5 months will fly by... heck 2008 is almost over!

    ... at least wait until the october bulletin is out... that may give you a better idea whether you want to use ac 21 or not

    what ever you end up doing - good luck!





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  • slowwin
    02-22 02:31 PM
    Full time genrally means atleast 9 credit hours per semster (could be more).

    If you are in the same job for the same employer and are performing your 40 hours , it's better to be on that H1-B or AOS(EAD) status. This might not be possible in every university and or every graduate program but some of them have evening classes mostly. so you just get into your program and take classes but your status is H1-B or EAD (some universities even consider you domestic or instate for tuition purposes if you were working in that state for more tan year prior to begining the program.

    AOS in that case is not jeopardised. I am in your exact situation, and this is what I understand. Always consult your attorney before you proceed.
    regards,
    slowwin



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  • morchu
    05-04 12:37 PM
    AR11 is legal requirement. And that is the first step.

    But apparently USCIS system doesnt update your address on pending applications, with a seach by Name. So in the second step, you need to provide the application receipt numbers and update your address on them.

    What is the second step you are referring to? I thought only an online AR-11 is good enough.

    I will be changing my address next month (same zip code and state).





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  • OLDMONK
    06-15 03:08 PM
    ---

    Sorry for a follow-up dumb question:

    Is this the I-94 number on the H1-B visa or the I-94 departure number on the card attached with the Passport?

    If its I-94# whatever is your latest number, from Actual I-94 card or I-94 attached with the latest H1 renewal/extention



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  • jayleno
    11-19 05:18 PM
    I think its scary for people who filed their applications at NSC. Ofcourse like someone said scary for people with attorneys who are not members of AILA. :D

    http://cli.gs/De4Z4u

    BTW, what's scary about this memo..

    Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.





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  • bigboy007
    10-30 07:08 PM
    yes i did , but just asking as i am planning for applying hence thinking whether Drivers License required if so obviously addresses should match isnt?





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  • vamsi_poondla
    01-20 11:56 PM
    I wrote two copies of handwritten letters. I will mail them tomorrow. Now I can bash all fence sitters with no guilt :-) Kidding.

    Folks, please resolve to write the letter at least today Dr. MLK's Birthday. He fought for civil rights and we are fighting for human rights...well not really but still a serious issue for over half million future Americans (or parents of Americans)





    waitingnwaiting
    01-26 11:10 AM
    01/26/2011: Comprehensive Immigration Reform Bill Introduced in the Senate 01/25/2011

    * Yesterday, the Majority Leader, Senator Harry Reid, introduced S.6 bill in the Senate to reform America's broken immigration system, co-sponsored by nine other Senators. This is one of the ten bills he placed in the Senate's priority agenda for the 112th Congress. This has a long way to go ahead, but it symbolizes the Senate Democrats' plan to initiate debate on this key issue. Please stay tuned to this web site for the development of this legislation.
    * Text of S.6:
    o Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
    o SECTION 1. SHORT TITLE.
    + This Act may be cited as the ``Reform America's Broken Immigration System Act''.
    o SEC. 2. SENSE OF THE SENATE.
    o It is the sense of the Senate that Congress should--
    + (1) fulfill and strengthen our Nation's commitments regarding border security;
    + (2) pass legislation to support our national and economic security, such as the DREAM Act, which would allow students who came to America before turning 16 to earn citizenship by attending college or joining the armed forces, and AgJobs, which would help to ensure a stable and legal agricultural workforce and protect the sustainability of the American agricultural industry;
    + (3) implement a rational legal immigration system to ensure that the best and brightest minds of the world can come to the United States and create jobs for Americans while, at the same time, safeguarding the rights and wages of American workers;
    + (4) require all United States workers to obtain secure, tamper-proof identification to prevent employers from hiring people here illegally, and toughen penalties on employers who break labor and immigration laws;
    + (5) hold people accountable who are currently here illegally by requiring them to either earn legal status through a series of penalties, sanctions, and requirements, or face immediate deportation; and
    + (6) adopt practical and fair immigration reforms to help ensure that families are able to be together.





    lostinbeta
    10-04 12:10 AM
    Ok, Hold the CTRL key on your keyboard then click on the layer that contains your original rectangle.

    Like where it says, make sure you have the marquee tool active in the tools menu on the left side, otherwise the rest won't work. The marquee tool is the first tool on the upper left hand side. It is a dotted rectangle.

    Press the up arrow once and the left arrow once (on your keyboard)

    Create a new layer...self explanitory

    Fill it with white... self explanitory

    Hold CTRL again and select the layer with your original rectangle again. Like you did earlier in this step. Make sure the new layer you created with the white fill is still active (it will be blue or something ,you will know if it is selected).

    Hit the delete key on your keyboard (or go to edit/cut or something, it also might be backspace on a MAC).

    Deselect with CTRL+D - self explanitory

    Now the next part of this I don't really agree with. Just keep the lines layer selected and use the down and right arrows on your keyboard to move it into place so it looks like the image in the tutorial.

    Hope this helps. That was only step 2! If you have any questions about the other steps, just post I guess :)

    mmm, photoshop......... its the best. I eat it for breakfast, lunch and dinner:)



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