Tuesday, June 14, 2011

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  • kimbhoot
    09-15 09:45 AM

    I just got my I-140 approved, under EB3 I am waiting to file 485, now I got an offer from another department in the same company.. both are tech positions, my current title is Network Specialist although I do web development too, and this new one is programmer Analyst (mostly web programming), the job description matches a little bit, but they're not completely the same..

    I would greatly appreciate if someone can tell me what I'm allowed to do and what not.. I don't want to go thru the PERM process again. I looked around and looks like if the job description is similar then I can but it depends how u define similar.. Please Help.

    Also how do you report (if you need to report) that the position title or salary or responsibility changes to INS. if the new department is willing to change their description to match my current one will that be fine?

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  • michael_trs
    05-13 03:35 PM
    Smisachu, I agree, I need to add alternative education… thank you for your advice.

    What about “requirements normal for the occupation” is this Yes or No for Master's + 5 years ?

    What is your experience?

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  • inskrish
    08-01 12:04 AM
    Love the analogy.

    Thanks Coopheal for leaving the IV wiki effort.


    Just wanted to clarify, is it 'Leaving' or 'Leading'?

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  • willgetgc2005
    05-24 05:20 PM
    Jay / Logic life /others,

    Does this practically mean none of Sen Brownback/Cornyn amendments we wanted are in the Senate at this time ?



    This is a house member. They will speak a lot of things. Plus, there is 435 of them. In the course of debate a lot of opinions will come across. I dont know if this guy from Indiana is on the conference, but the only person that really matters from the house side is Sensenbrenner. He will be on the conference. And all the provisions that are friendly to illegals will be thrown out of the bill during conference.

    Frankly, the amendments like orange card amendment of Feinstein was a waste of time. First of all it didnt even pass the senate, but had it been passed, provisions like Orange card would be something that Sensenbrenner would ask the Senators to leave it outside the door before walking to the table in conf committee.

    Cool down yaar. Let's wait for tommorow to see and hope that Frist and Reid dont start another pillow fight over the number of amendments.


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  • bkarnik
    07-21 04:34 PM
    I had a similar situation at my work place (attorney is Fragomen...what a coincicence). This was in response to recent stepped up H1B site inspections by USCIS. As a reult, Fragomen recommended that "working from home" or "teleworker" status is not allowed under H1B. So, no more working from home for me :(

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  • chanduv23
    09-14 03:44 PM
    Yes hee is going to speak - listening


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  • acecupid
    06-26 10:01 AM
    I jst got an update on my and my wife I-485; i am not sure what it is about as i have not received the RFE yet.....but i think they are asking for our BC as we did not provide them when we applied for I-485;

    I want to know that is it OK if i provide USCIS with the 2 AFFIDEVITS, one for me and one for my wife stating all the information such as Name, Date of Birth, City of Birth, Country of Birth, Mothers Name and Fathers Name.

    Gettign the birth certificate is a very long procedure and i dont think i would have them soon. So i was wondering will it be OK if i provide them with the Affidevits. Will USCIS accept it!!!!

    Lastly, i would appreciate if some one can give me the template that what text should be included in the affedevit !!!!

    Thanks in advance !!!!!

    My dear friend from Pakistan,

    why were you waiting for so long since you applied for I-485 to arrange for birth certificate ? Now you have to scramble due to the RFE end date. Anyways, here is the solution. You can provide 2 affidavits from your parents for each of you (i.e. you and wife) and also a birth certificate from pakistani consulate in US. I am not sure if the pakistani consulate issues birth certificates, but you can try. Keep in mind that the BC issued by the consulate is not sufficient by itself. You can just provide that as secondary/additional proof. You will still need the affidavits. Below is a format for father's affidavit. You can use similar wording for mother. I hope that helps you... Good luck!
    ================================================== ====
    I, <fathers name>, aged XXyears, son of <grandfathers name>, residing at <address> do hereby state that the following is true and accurate to the best of my knowledge:

    1. I am a citizen of <country>
    2. I am the father of <your name>
    3. I was born on <birthdate> in <location>
    4. I was living in <your birth place> in <month and year of your birth>
    5. I personally know that <your name> was born on <birth date> in <location, state, country> at <hospital name> from the valid wedlock of me and my wife <mothers name> and I know the fact of his birth because of my relationship to him.

    I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

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  • RNGC
    01-26 03:49 PM
    The only way to get this CIR is to get full support of Get support of Senator McCain. If we get his support, atleast some republicans will support the bill and it can pass.


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  • krishmunn
    09-21 07:11 AM
    First thing you need to do is setup a 30 min - 1 hour appointment with an experienced Attorney (Khanna/ Murthy/ Ron) You can have a telephonic discussion. Do not think about money and go for the best.

    During discussion bring up the topic of new employment (C) as well .

    If you have the format from your current company attorney , show it to them .

    It might be simpler then you are thinking.

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  • gcnirvana
    07-17 02:34 PM
    IV is a public forum and recently its under the radar from various different organizations. So please do not use profanity in your language. You never know how it might come back and bite us. Please...please...please...

    Murthy is a she...and I would but I'm not single. ;)


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  • mkumar
    10-09 12:53 PM
    Fromnaija and ChanduV-

    I may be moving to California in early November. So, I am sorry I am not able to offer a leading role in AZ. But, I believe it will greatly help others considering such a role, if you could explain what kind of responsibilities and commitments such a position may entail.

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  • go_guy123
    02-28 09:53 AM
    Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:

    The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.

    Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)

    The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.

    Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.

    These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.

    http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)

    More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)

    In the era of big government and job growth mainly through increased government payrolls, we will see more of such jobs being "created" and "invented" and in case of the USCIS the costs being passed on in term of increased fees etc.

    Unless US is dragged to WTO over these out of control H1B/ L1 fees this will never stop.


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  • sixburgh
    08-13 10:58 AM
    Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.

    Either Change of Status in US or Status when you enter/re-enter to US.

    As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.

    Lets wait until Experts speak.......

    I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.

    Aren't all H status people supposed to have Dual Intent?

    If what you are saying is true, what are the steps I need to take?
    Someone is suggesting that I should revoke her h4.
    What happens of the fact that she worked since the arrival of her h4 renewal.
    Its been less than 100 days....

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  • ragz4u
    02-19 08:12 PM
    I want to Thank everyone for turning up for today's meeting, it was a good discussion and I am glad that we got to know each other better.

    I am summarizing the things that we discussed and the "Next Steps" that we agreed upon.

    These ideas can be applied to any region so any of you guys reading this, feel free to implement them for your region.

    This is what we are planning to do in the next few days:

    Publicize ImmigrationVoice.org in any/all manner possible within the community to raise awareness about our problems and to persuade more people to join. i.e. place materials in grocery stores, temples, or in other high traffic areas

    Always monitor the media for any shred of positive stories about legal immigrants and as we find them, send materials from IV.org to the specific reporter highlighting the problems that we are currenty facing.

    Contact all of your respective Congressional representatives and request an In-person meeting in order for us to present our case. If meeting reqeust is denied take names of senior aides and send relevant materials and then follow up to check on progress as to what they are doing about it. Keep bugging them, that is the only way they will respond.

    Spread the word to your friends who are still waiting to join us, ask them to contribute to the site or devote their time to this cause. I suggest each of us make a goal of sending an email to atleast 10 people in the next week.

    Meet with other resources and networking groups that are sympathetic to our plight (i.e. Indian CEO's council, www.usinpac.com, Indian ambassadaor in DC etc.... ) and ask for their support.

    One of the strategic point that was discussed was about the McCain-Kennedy immigration bill and I along with some of the other members am of the opinion that this bill is such a behemoth and contains some radical; provisions on illegal immigration which may eventually hurt it and it may even die.

    Since some of the relief measure that we are seeking are part of this bill, if it dies we will be hurt as well. We think we need to work with Quinn-Gillespie to strategize about how we can insert (if possible) provisions related to legal immigration to a bill that has a very good chance of passing. i.e. the PACE bill by Senator Pete Domenici - we need to put pressure on him, flood his office with our emails/faxes and also at the same time talk to our lobbyists to insert our provisions in his bill as it is almost guaranteed to pass.

    That is all from me for now. We plan to take action and meet again soon.

    Anyone with other ideas, suggestions is welcome to post them and we can incorporate them as well.

    Thanks Everybody for your support and time.

    It is really encouraging to see regional teams take the initiative and continue the good work locally. Cataphract, thanks for updating us on the progress you guys have made. Feel free to email at info@immigrationvoice.org with any concerns you might have/support you need and we'll be glad to help you in any way possible.

    Hopefully other teams will take a cue from this and get together for achieving our target.


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  • 485Mbe4001
    05-17 06:31 PM
    question along the same lines, any idea how much it costs to get LC via perm?

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  • TeddyKoochu
    06-25 02:21 PM
    Hi Gurus / Attorneys,

    I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.

    Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
    Client was reluctant to give the letter and my H1B got denied.

    Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:

    My Options :

    1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.

    2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)

    I own a home here and now leaving everything in a week is making me worried.

    Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.

    Thanks in advance for all your help and suggestions !!

    I think your best bet is to expedite all documents suggested by Pbuckeye, If its a direct client then your employer must have all of MSA/SOW/PO, they should have been sent at the first place or atleast at RFE time. Also if possible try to capture some of your timesheets and work emails; I know some people have used this as evidence. You may also provide the contact details of your manager like phone / email, I have seen instances that when the letter has not been provided USCIS has contacted the manager and all they have to confirm is that you work with them and how long tentatively in the future (This can be counterproductive as well if the response is cold). Iam not sure but if your H1B extension is denied and you have filed a MTR whether you can work legally assuming I94 expired, please check this with your attorney.

    With your PD you are atleast 3-4 years from filing 485, worst case if you have to go back you can convert to CP assuming the future job offer from the petitioning company is valid. It’s a very sad situation I hope that your MTR gets approved, all the best.


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  • fide_champ
    04-06 06:30 AM
    Hello all,

    Anyone knows if there is a certain length of time that I need to be employed with my GC sponsor after 485 approval?

    I have heard 3-4 months, but I am wondering if there is legal time limit or if this is a "good faith" limit.

    Appreciate responses.

    The time limit is 6 months. But if 6 months have already elapsed after filing I485, then you are free to go anywhere.

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  • GCfast
    09-08 12:44 PM
    Tried it. works quite well..thanks

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  • bluekayal
    03-18 02:50 PM
    I wonder if my child who only has ITIN will get the $300..probably not ...Waste of money to apply for EAD for a 10 yr old!

    07-21 08:02 PM
    Damn I am going to be pissed off if he gets a green card before I do.
    beckham wud have got the o-1 visa for extraordinary aliens and would apply for a eb1 GC whc needs no LC or anything of that sort, all and above he would get his GC done in about a year or less time

    01-02 04:05 PM
    Congratulations you started the process, Now relax and wait. Without any favourable legislation It can be while before you can apply for your AOS. Meanwhile have labor and I 140 approved.

    Hi Everybody,

    I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.

    When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??

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