Monday, June 13, 2011

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  • Siddharta
    01-11 09:11 PM
    I dont think u'd be barred from entering that country again on a tourist visa but another PR? For sure u can forget that.

    Why is that? What if I have a job offer from a canadian company and they sponsor me?




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  • milmuk
    02-06 07:35 PM
    Hello experts,

    My situation:

    1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
    2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
    Now using ead for working with the present (second) employer as a permanent employee.
    3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
    In 2011, I used it,since my H1 was also expired.

    4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
    PD July 2006


    Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
    Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
    Using travel visa won't be helpful for longer stay.

    My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.

    Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
    Since I am working as a permanent employee, it will be easy to renew/maintain H1.

    Is it possible to convert ead to H1? What could be the consequences?

    Please advice.:confused:

    Thanks




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  • gc_check
    02-13 09:41 PM
    Do not rush to decission. If you have good realtion with the current company, you can get assurance they do not revoke I-140 and also have the new employer file for H1 transfer under premium process. This will secure a 3 yr entension. Once this is done, see if the new employer starts GC as promissed or if you PD comes current, you can file for I-485 with your current employer for future job, and join him when the GC is approved or switch to the current employer with EAD after 485. It is workable, but there is a little amount of risk, if the new company messes thing with GC. They have to start on time and also make sure the new company had not layoff's recently, this will further delay the PERM filing. Also the current employermust not revoke your I-140. Only you know you status better than any one posting to forum. Make a good choice which is best for you and as long as you have all things staright forward and things done correctly / legally there should not be any issue. With USCIS, inspte of all, a little amount of luck is also requried. :)




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  • guitarzen
    09-13 10:13 AM
    still waiting for a reviews!



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  • shortchanged
    08-17 08:38 AM
    In addition to checking the appropriate response in your I-485 form, you (wife)have to confirm that you are filing as a derivative of the husbands primary petition (Part 2, response should be "b" please make sure again! you may even use highlighter pen) you may include your husbands I-140 as well as Labor certification copies and highlight the Priority dates in these forms with brilliant colors.
    Marriage Certificate is a must.
    Also I would include the last years tax returns for your husband and the sealed medical clearance from your doctor, to make it rejection proof!
    A cover letter as well as a "DO NOT OPEN IN MAIL ROOM" addressing the Service center director, and placing it over a double bagged packaging of the whole thing may also help.Somehow you have to convince the morons in the mail room that it is "RESUBMISSION DUE TO USCIS ERROR"
    Wish you all the best!




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  • skdskd
    08-26 09:32 PM
    I am not well aware of what is to be done. But isn't it a good idea to mail USCIS explaining the situation and possible extension you may need. This keeps USCIS informed about your situation in advance.

    I think so too



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  • lazycis
    01-30 11:23 AM
    Any feedback on this is appreciated.

    The basis for your AOS is approved EB3 I-140. So I do not see a problem porting to another company. That I-140 will remain valid. If you get approval for EB2 I-140, it won't change your eligibility for AOS. I am not sure if you will be able to port priority date. If you worry too much, you can ask employer to withdraw EB2 I-140 application. My hunch is that EB3 with 2001 PD will get approved earlier than EB2.




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  • desiin_va
    01-04 04:03 PM
    Clink on members list, you should see the number at the bottom



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  • Blog Feeds
    01-09 02:20 PM
    AILA Leadership Has Just Posted the Following:


    https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjW2Xh5BUjzJwKppynaGVzTuSrMh9c5TffrvqRRDy5j1WdH5bTAEyjFcgq4R4sQIdqnO5qfCXgKTpYM2ObOsdZMqtjNnFGvlqsC0D9Z_PvAwFFEEAaoTnL_leYaCd60Knhtm_1Qh2P6lV4/s320/2010-01-07+international-business-industry-night.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjW2Xh5BUjzJwKppynaGVzTuSrMh9c5TffrvqRRDy5j1WdH5bTAEyjFcgq4R4sQIdqnO5qfCXgKTpYM2ObOsdZMqtjNnFGvlqsC0D9Z_PvAwFFEEAaoTnL_leYaCd60Knhtm_1Qh2P6lV4/s1600-h/2010-01-07+international-business-industry-night.jpg)By Deborah Notkin, AILA Past President


    Unfortunately, that's exactly what the Gutierrez bill is. While there are many excellent provisions on important components of immigration reform, especially family unity and legalization, the employment immigration provisions are overwhelmingly negative and geared to eliminate the employers from having any reasonable input on the specific types of foreign employees that are required in an evolving economy. The overarching provision is the establishment of a "Commission" that would determine U.S. immigration policy (numbers and categories) pertaining to temporary and permanent workers. A commission of seven "experts" would report to both houses of Congress annually the types and number of workers that could enter the U. S. Unless both houses of Congress acted to block them (a rarity in today's world), the Commission's "recommendations" would become the law of the land.


    There are a number of reasons why substituting Congress with a commission is a bad idea. First, we don't have the statistical evidence available to make good measurements on an annual basis. Second, government commissions in DC overwhelmingly end up becoming unelected political entities, with their own agendas, often exceeding their original mission. Third, a politicized commission on such a controversial issue would be especially problematic because it would not be accountable directly to voters as are elected representatives. In a debate on the Commission concept that I attended in New York, proponents were struggling to find even a few examples of Beltway government commissions that worked and did not become politicized.


    While the Gutierrez bill should be commended for including provisions requiring employers to take responsibility for utilizing ethical recruiters and providing a few exemptions from the employment based quota for certain types of professionals, it generally negates the legitimacy of corporate needs and lacks any concept of the global economy and the international, competitive personnel market.


    Most egregious is the idea of bringing in a lesser skilled workforce through a sort of "hiring hall" lottery system that would eliminate employers entirely from the selection process. Foreign workers would be placed in a database and assigned to employers based on some computer's or bureaucrat's idea of a match. It reminds one of the unfortunate migrants who are day workers standing outside waiting to be randomly hired. Here, they can just stand in their own countries being assigned to an employer they may not have chosen if given the choice.


    Additional provisions would eliminate the ability of employers to use entry level wages for entry level temporary workers. Forcing employers to pay foreign nationals more than their U.S. worker counterparts is totally absurd. Is this how we think America will benefit from the many foreign nationals who have just graduated from, among other fields, Science, Technology, Engineering, and Mathmatics, programs? And of course, the unworkable cap on H-1B temporary professional workers in a healthy economy is totally ignored, evidently to be left to the gang of seven commissioners.


    It appears that Congressman Gutierrez put his heart and soul into legalization and family unity but left the employment provisions to be drafted by the most anti-employer parties in this debate. Much is borrowed from the Durbin-Grassley proposed H-1B and L-1B provisions and the Economic Policy Institute's piece on immigration, which starts out by labeling all employers using foreign workers as participants in indentured servitude.


    I have only highlighted a few of the egregious provisions that promise to sink an otherwise good piece of legislation. And this does not serve anyone who sincerely wants to find a solution to the human tragedy faced by undocumented migrants in the United States.

    https://blogger.googleusercontent.com/tracker/186823568153827945-4566215004987922662?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2010/01/gutierrez-billa-good-legalization-and.html)




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  • garybanz
    09-28 12:13 PM
    I called up USCIS - Number: 1-800-375-5283, If you don't have a receipt number and want to get one Touch Key options to press are : 1-2-2-6-2-2-1

    You need to say that your application is more than 90 days old, else you will be kicked out.

    If you say that your application is more than 90 days old then you will be transferred to another person who will give you the receipt numbers.

    For the record there should be one receipt number for each applicant (your dependents and you)) for each document (485, 131, 765)



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  • franklin
    07-12 11:42 PM
    Please close this thread, there are multiple threads specualting about this stuff, and some members are trying to focus on organizing the BIGGEST RALLY IV HAS EVER DONE!




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  • gc_chahiye
    02-10 06:13 PM
    Take a look at this link. As per this, 2010 is the timeline promised by USCIS to clear all backlogs.

    http://news.yahoo.com/s/ap/20080209/ap_on_go_pr_wh/immigration_backlogs

    USCIS has been playing around with the definition of backlog... I believe the recent changes indicate that from now on only approvable cases will be considered a part of backlog. Meaning:
    - if your PD is not current, or
    - if your namecheck has started and is pending for <180 days
    your case does not even count as a backlogged case... When they say they'll clear backlogs by 2010 what they mean is all approvable cases (PD current and Namecheck either clear or 180 days old) will be approved within the published timeframes (12-18 months for I-485).

    For people stuck in retrogression such backlog reduction efforts have almost no meaning...



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  • Madhuri
    06-15 12:16 AM
    I have H1 extension of 3 yrs after 6 yrs of H1 b'cos of approved I 140. Now when I file 485 and EAD, can I still use the H1 till expiry date if somehow 485 application gets denied before H1 expiry date?


    I know if the CIR in it's current form is passed then this question becomes invalid, since I am consulting on H1.

    You have to make a decision on whether you want to use the EAD or continue on H1B. It is dependent on how much risk you want to take. On EAD, you are free to do anything (like extra work/income etc) but lose out if your 485 app gets denied. With H1B, you have to get stamping done at a consulate for travel.




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  • Lacris
    08-09 10:41 PM
    I was wondering if we could have on this site some reliable information about the most important aspects of GC processing. People are posting a lot all the time and asking the same things all over again, and while many answers are pertinent, we must realize not everyone knows the laws and rules.Not to mention how much time it takes to search the threads and find what you want to know. If there was a place where they could lookup the information they need and this information would be provided by knowledgeable persons, like admins or moderators, not other members, maybe we could avoid having so many threads and posts.I understand that would involve some effort, but in the end there would not be so much need to go thru all the posts and make sure people are not misleading others or create panic.
    Of course, this is stil a forum and it's only natural to have people expressing themselves, but maybe in that situation they would not have to post so much and use the space on the servers.

    Thank you



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  • Bimmer740i
    07-26 02:10 PM
    My company is going through a merger and it will be complete by third qtr of this year. I already filed my AOS on July 2nd.

    I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?




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  • va_dude
    10-19 12:25 PM
    You better get a second opinion before taking any such meds.



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  • hsingh82
    02-15 03:43 PM
    If every state was a different country, most of us would not have been here but at the borders fighting each other. India has progressed because of its secularism and diversity. We all would have been either fanatics or supressed by religion as most states would have religious heads governing it.




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  • arnet
    11-02 12:13 AM
    yes, you need passport size photograph (2x2 inch) for AP/EAD. when you file I-485, you will file EAD/AP and for that you need photographs. you need atleast 2 photographs for EAD and 2 photographs for AP. check the photograph specifications in EAD/AP form instructions or in USCIS website. USCIS is very specific about the photograph, I know couple of friends whose EAD applications are sent back when they did meet their specifications. so pay attention to their specifications.

    check these websites for your reference inaddition to USCIS.gov:

    http://www.usvisanews.com/uscisphoto/guide.pdf

    http://www.usvisanews.com/uscisphoto/

    Disclaimer: I'm not an immigration attroney so please consult one for your situations as laws/procedures are changing constantly.

    Are passport photographs needed?




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  • hope_4_best
    05-14 03:16 PM
    Can someone confirm if finger printing required for both paper (by mail) and on-line AP application? Somewhere I read that finger printing is required only for on-line applicants. Is that true?

    It will save me lot of trouble as my nearest INS office for finger printing is about 150 miles away.

    Thanks in advance.

    Paper filed EAD (two times) and AP (one time). Didn't get FP notice. Got approval smoothly.
    No experience with e-file.




    rajnag21
    08-08 10:31 AM
    Hi All,
    I have one question. I have 140 and 485 concurrently applied. If there's an rfe o 140 will they ask for paystubs ? I have some personal problems recently and I dont have paystubs for about two months.

    Please advise.




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    10-29 06:09 PM
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    Your car is slightly different.. It has a gradient; where mine was bright purple.
    Can I view a few of your sigs? Or a website you have previously made?
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