Monday, June 13, 2011

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  • gcadream
    03-12 12:57 PM
    In addition to the above questions:

    USICS had stopped the movement of EB2/EB3 dates by not allotting visas and on the other hand they had also added too many restrictions on H1 extension [like valid Purchase Order for all visa extension], no matter you have approved I-140. These days they give H1 extn for only that period of time till PO is valid. That means if the PO is valid for 4 monnths one gets H1 extn for 4 months only and if it 6 mths then extension for only 6 months. This means that after 4,6 months one again has to apply for H1/H4 extensions and again pay all those fees.


    This really sucks !!
    Is the intention of all these laws is to catch fraud or kick out all immigrants from this country ?
    :mad::mad::mad::mad::mad:





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  • rameshk75
    08-15 08:59 AM
    Here is my situation:

    My sponsoring company 'A' was acquired by company 'B' last month and name changed to company 'B' with B's pay stubs.

    Am on H1 now and i applied my 485 in August 2007 with 140 approved in May 2007.

    Company B informed me that they informed USCIS regarding the acquisition(i don't what they mean !!).

    Questions:
    1. How is my green card process proceeds with company 'B'? Should the company 'B' file I140 amendment or is there any thing they have to take care?
    2. Can i join with company 'C' by invoking AC21?

    Please share your thoughts and experiences.





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  • abracadabra
    07-06 11:50 AM
    Asked seven so far. There are live discussions till 2 pm today. I am going as any number of times cheers





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  • baskarans
    10-08 02:15 PM
    PIO card is valid for 15 years and no need to apply for visa every time you go. You just present it with the passport when entering/departing in India. it takes about 20 days to get it they say 15 working days which is about 3 weeks. if you do in person they will check all documents and let you know if there is some thing wrong so you can correct it and submit it and no issues when issuing. they give you date to pick up or even you can ask them to mail back for 15$. i would say get poi if you have time and also if you are local do pio if you are not getting it by the time of travel you can always go and get visa the same day. http://www.cgisf.org/ is the sfo counslate website can get all the infor and download application there. even you can email them they are very prompt in replying you will get a reply the next day if you have any questions



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  • a_yaja
    01-02 01:52 PM
    Guys, I am in the same boat with my passport expiring in 2007. I will have to get a new passport since the current one was already valid for 10 years (issued in 97).

    Does any one here have any experience / ideas on how long it takes to get the new passport from the consulate here ?

    Thanks !

    It took me just three days to get the passport from New York. I sent it by "Next Day" USPS on Monday (there was an option to get it delivered by "Next Day" USPS) and I got it back on Thursday by 10:00 a.m.





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  • xlxoel
    06-08 01:06 PM
    lc03:

    The RFE came with a YELLOW PAGE with the following information:

    SRC XXX-XXX-XXXX

    PLEASE RETURN THE REQUESTED INFORMATION AND ALL SUPPORTING DOCUMENTS WITH THIS PAGE ON TOP TO:

    USCIS / TSC
    P.O. BOX 279080
    DALLAS, TX 75227-9080

    So I sent the two pictures with the yellow page on top last tuesday June 2nd 2009, my current status online is CASE PLACED ON HOLD.... I'm waiting for them to change the status.



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  • GC_ki_daud
    03-13 03:21 PM
    Any body ..Any good suggestion/Advise





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  • ksircar
    01-26 09:05 AM
    Thanks ksircar;
    Want to explore on Caribbean options too. However a question is how can we file for Advance Parole as it requires the applicant to be in US at the time of application, otherwise AOS gets invalid. And if at all we choose her to be here for AP application, it would hinder the education.
    Thanks
    Venu

    AP remains valid for one year and you need to apply for AP in such a way so that for AP renewal your daughter will be in US during vacation etc. In the worst case, she has to fly from Caribbean to Miami (or any nearest US port) just to apply for AP and go back. These are the hassels you need to overcome if you want to send your daughter to MED school without a GC. I did the same with my daughter. You can PM me if you want to discuss in detail.

    Good luck.



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  • sravankind
    01-11 03:35 PM
    Clearly Explaining

    I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status

    what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues

    I stayed with them only one month and one more month

    when can I Use AC21 for safe side





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  • glores1970
    09-23 12:06 PM
    I am in the same boat, changed my mind to apply for AP in the last minute and mailed my application on Aug 16th, USPS messed it up and couldn't deliver it on Aug 17th, tried delivering it on 18th but didnt since offices were closed finally delivered it on 20th.

    Now my AP application got rejected citing that I should have applied with new fee of $305 starting July 30th.

    What is confusing is where does it says post marked by Aug 17th? I thought USCIS had to receive it by Aug 17th.

    write the following on the envlope using marker
    DO NOT OPEN IN THE MAIL ROOM

    and address the package to director of the service center also include the evidance that you have applied when the visa bulliten is current

    Thanks, pathmaker and averagedesi...i will resend the application according to your suggestions.



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  • TO BE OR NO TO BE
    10-21 04:19 PM
    I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
    Possibly the new job will not be 100% aligned with the job desc that was put during the LC.

    Do any one can help me guide what are my options?

    I am not a Lawyer, just advising based on my knowledge / experience:

    You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.

    The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).

    The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).

    The new employer is not required to prove ability to pay.

    There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.

    You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.

    And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).

    Hopefully this is helpful!





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  • summitpointe
    04-27 02:24 PM
    Six years in US complete


    I-140 approved
    Not able to file I-485 because of retrogression
    Wife not able to work
    Moving around for jobs with family
    Cheating Employer
    Frustation with H1B Extension and stamping
    Not able to Plan to go to India because of Interview dates
    Not able to plan on good school Child's education
    Not able to spend more money on good health insurance
    Lot of money spent on H1B Extension and stamping
    Sick with the current employer


    Don't want my employer to take lot of money in between. Can we switch employer and file a new H1B with new employer.

    Do you guys think the retrogression will end soon? frustration everyday.



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  • fatjoe
    09-06 01:41 PM
    Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
    You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.





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  • desimass77
    05-11 01:30 PM
    Hi,
    I am in your stage. I am in AOS stage with EAD. I applied for FAFSA and I do qualify under 'Qualified Non-Citizen.' But, the school financial aid office was not aware of my situation and it took more than a month for me to educate and make them aware of this.

    The FAO people only know about GC or Citizen. You will have to talk to the
    School's International Office to evaluate your situation and ask them to talk to your FAO to explain about your immigration status.

    Hope this helps.

    If you need more info, PM me.

    Good Luck.



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  • JEESEE
    05-11 12:06 PM
    My Wife wanted to join a school for some course. We decided to apply for FAFSA to pay for School fees. I am not sure whether she is eligible to apply for FAFSA or not.

    Can some Guru shed some lights on this?

    By the way, she is on H4 but we have our EAD. She has not started using her EAD as of yet.





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  • ndialani
    11-19 03:42 PM
    2 weeks back , An agent from Homeland security came to visit my office and spoke to my Employer and me . He wanted to make sure , i work there and everything is true.
    He also saw all the H1B documents and took photos of our dental office.
    So ,yup! it is true. I m working there since 2003 and just got another extension till 2012 on H1B. Still waiting for GC!!!



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  • gcpain
    05-20 03:59 PM
    1. If ur attorney is an AILA member, Check ur status through AILA
    - My attorney sumited request today. Same time will there be any reference number for this request to ask my attorney? Do you guys know how much long time it takes to get status?

    2. Call the USCIS customer service and submit an SR request
    - What is USCIS customer service number? what SR request I have to submit? Please elerobate little more.


    All you Immigration gurus, please advice. Thanks in advace fot you all.





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  • new2gc
    02-16 01:56 PM
    These time- pass threads are better than EB2 Vs EB3 threads.

    If you are passing time on IV website...sorry.. either you may be a dumb .... who doesn't know what mess you are in (per your id EB3-Nov5) or an even more dumb anti guy...it is as simple as that... Since you are ignorant..I don't want to argue any further with you...





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  • chanduy9
    07-05 11:47 AM
    Hi Guys,

    We have do it in a smart way. We need to get the atten of media.

    Send the flowers on july 10th. If lot of people do this the media will cover this.

    Just my idea.

    Thanks,
    Chandra.





    anilsal
    10-24 10:49 AM
    Yahoo has a program to basically field questions to various congressmen and senators (most of them are prominent).

    On Oct 26th, Rep. Tom Davis is going to answer questions.

    I have comment around #169 (look for a comment by janilsal) at:
    http://news.yahoo.com/b/judy_woodruff/j_woodruff11183?rf=166#comments

    In the future, there will be more law makers.





    pcs
    07-19 03:44 PM
    As long your affidavit of language competency is notarized... you are fine



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