Wednesday, June 8, 2011

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  • delax
    07-16 08:20 PM
    Check this post from logiclife
    http://immigrationvoice.org/forum/showthread.php?p=117422#post117422

    Originally Posted by logiclife
    IV core stands by the information it provided this afternoon about a solution that will be announced soon. If not on Monday, it will be annouced on Tuesday or Wednesday (Latest). These things could take time to process because of numerous departments and agencies involved and various procedures involved.

    AILA has reported that decision has not yet been reached and wont be reached without lawsuit.

    That information is not true based on what we know and we stick to our assertion that a solution that gives us relief has been worked out and a lawsuit will not be needed.

    AILA/AILF is free to file its lawsuit if it feels the need to do that, however we have been hearing about them filing the lawsuit since July 2nd. And if they are so sure that lawsuit is the only way that solution will come out, then why dont we see the lawsuit yet ? After all, private parties and smaller lawfirms have filed lawsuit so what's the hold-up at AILA/AILF if they are so sure that no solution is possible without lawsuits ?


    Logiclife - I think it was a great idea to delete your post above - I truly think that the efforts of IV need to be commended but lets not forget that it was equally a combined effort of ALL stakeholders involved. Lets be humble during this hour of aniticipation.




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  • notes and symbols.


  • kshitijnt
    07-17 01:00 PM
    I am confused with regards to AOS Vs. CP and which one to choose.

    My visa status is L1B with Company A and my green card for future employment is with Company B.

    Since I am on L1B, should I choose AOS (Adjustment of status) or CP (Counslar processing) for my I485 processing. Which one wld be the best for me, since I may be in India when the dates become current or may be here in the US ? The timing is a big unknown.

    IF I choose CP, what are the steps after I140 approval?
    How hard is it to switch from AOS to CP or vice- versa?
    What are the pros and cons for AOS Vs CP?

    I am looking for some guidance from anyone who has gone through this / familiar with this situation. Thanks!

    I initially chose CP on my form but now going to file 485. You can switch it either way

    Switching from CP to AOS:
    Just file 485, nothing else needs to be done. No need (as of now), to wait for I140 approval. If you do not switch to AOS downside is you cant make use of attorney certified I140 and must make appointment through consular process.

    Switching from AOS to CP:
    I140 must be approved. Then you need to file I824. Once I824 receipt notice is received, you can talk to the consulate and schedule an appointment. No need to go through NVC. However, if you have already filed 485, it will be abandoned, at the least all the money paid for it, you have to pay for visa again & travel cost to your home country.




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  • Symbol Bead - Music Notes


  • paragpujara
    10-09 07:10 PM
    I applied on 2nd July and got Receipts on 08/27/2007. Still waiting for the FP notice. There are lot of ppl in the same boat. Take it easy. I called USCIS last week and they opened Service Request for myself and mywife. Call USCIS and ask them to open SR.




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  • Music Notes Symbols And Names


  • waitingnwaiting
    01-19 12:32 PM
    Let us start a thread to list of EB3 Immigrants that have done well in USA.

    We always say Einstein or Noble prize winner names. But those people are EB2 or EB1. What about EB3 that is most backlogged. There will be lot of great people who came in this category. Let us find their names and list here.



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  • kabeer_g
    01-12 12:13 PM
    All,

    Background:
    I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.

    I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.

    Thanks




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  • musical notes


  • doknek
    09-04 11:27 AM
    Yes, if lawyer/employer creates an account for employee OR gives employee username/password to access the system



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  • Lasantha
    02-26 10:38 AM
    If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.


    I really did not get that one. Is it possible to explain that please?




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  • GCVictim
    10-14 04:57 PM
    It is not necessary approve before you leave this country. You can leave before they make decision. But you can not return USA using expired AP.

    http://immigrationvoice.org/forum/showthread.php?t=21855



    You can not return into USA using expired AP. In order to use new AP which you have already applied. It should be approved before you leave USA.

    Other option you have H1B stamping if you are maintaining H1B. thanks



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  • sparky123
    07-18 02:12 PM
    We're running out of time. Any timely suggestions would be much appreciated.

    Please help to expedite Atlanta center.

    We just want to get ours filed too and join the rest of the gang in celebration :p




    images of music notes symbols. Music Notes 2 - #L255
  • Music Notes 2 - #L255


  • pappu
    08-21 10:15 AM
    You must ask the badge number and note down the time of each call. Then file a complaint if you are not satisfied with the customer service experience.

    Once we have a proof of hundreds of such written complaints, IV can also follow up. We need people to file 'written' complaints in order to help improve the service.



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  • notes and symbols,


  • gc_chahiye
    07-20 03:49 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?

    1. Can I apply EAD myself?


    yes, once you have the I-485 receipt. You dont need anything from your employer for filing EAD.


    2. will I get in trouble if I do not have EAD and my H1 expires?


    status-wise you will be ok since your status will be 485-pending. However you will need to stop working if they have not applied for your H1 extension by the last day of your current H1 (ie. by Jan 2008). They can apply for your H1 extension even on the last day of your current H1s expiry and you can then continue working for upto 240 days after expiry of your current H1 while waiting for approval of that extension request. Filing 90 days in advance is ok, if you are paranoid ask them to do in premium processing when they file it (offering to pay the $1000) if that makes you more comfortable.

    Not sure why you want an early H1 extension filing...




    3. Can I move to new employer using AC21 without EAD?

    yup. You can transfer H1 and invoke AC21. In fact that is recommended (try to maintain your H1 status while your 485 is pending so if you get a denial you atleast have some status to work out your next move.




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  • All+musical+notes+symbols


  • fromnaija
    08-04 03:27 PM
    She applied for second AP before travelling. My question is does she have to return before first AP expires OR can I mail her the second AP when it gets approved?

    The requirement is that AP must be applied and approved before the applicant leaves the US. So in this case it is better your wife comes back on the old AP before it expires.

    PS:

    Because Form I-131 is used for multiple applications, many people confuse the instruction on the form as it applies to the different application types. For instance while for a reentry permit, the applicant needs not be in the US for its approval; for AP the applicant must not leave the US until the application is approved.



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  • GCBy3000
    04-15 07:35 PM
    I agree as long as you have filed your 485 and 180 days is passed. But in my case, I have not even crossed the labor stage. It was pending with BEC when my company asked me to move. I tried a lot to convince my attorney thinking that I might miss the boat of 485 if at all it becomes current, but it did not help.

    THe LPR clearly states that it will become void if any of the below changes.

    1. Job description
    2. Location
    3. Something else, I dont remeber.

    The above will not come into effect, if you had crossed 180 days of 485.

    Also my attorney told that USCIS will not be able to find from where I file from 485, but it is risk on my part when I go for naturalization. Also if for some reaosn a RFE is issued, any company will tell the truth and the beneficiary will be in trouble. So it is always better to file a new labor unless the beneficiary is intened to move back to original location during the adjucation process and stays at that location for 6+ months.

    I dont understand how you got away with this one after changing the location. With your example, the locational requirement of LPR does not make sense at all. Anybody can file LPR anywhere and move anywhere as long as 485 takes more than 180 days. One can deliberately file 485 with improper documentst to delay the approval and getaway. Double check with your attorney on this one and playing safe is not bad idea at all with the current USCIS mess and immigration laws.

    AGAIN, I THINK WHEN YOU FILE YOUR 485 you have to be working in the location as stated in your LPR AS PER THE LAW, eventhough USCIS will not be able to find it. Before PERM, there was a column to state the beneficiary will work anywhere in US. But this not available anymore with PERM. The bottom line is the strongest part of LPR, "THE LOCATION", does not make sense at all.

    By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.

    Here is the deal when changing the location while GC is pending:

    1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.

    So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.

    2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.




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  • Musical Notes Symbol Tattoo


  • viva
    01-31 10:44 PM
    United Nations, Pls help Immigration Voice.
    we know your capability.

    BTW, sorry for some members rude behaviour towards you.
    Probably they may not know about your role in
    immigrationportal.com and they may not even know how you helped lot of guys with I140 ability to pay issues.

    Hi Guys, pls encourage good people like United Nations to help us.
    He will be good asset for us to utilize his time and service.
    He has an amazing knowledge in immigration matters.

    Need not to say, knowledge is power, in present era.


    What's your point? Ok, this person is knowledgeable and has helped to answer a lot of questions, I get that. What else can he do for IV? Does he have any influence with lawmakers? Can he help us increase our fundraising? If not, he is just one regular member and therefore, you need to stop wasting time trying to focus so much attention on him.

    Maybe, he is a valuable addition in terms of answering other members' questions and nudging them to contribute. Beyond that, what more can he do than what the IV core team is doing with the lawmakers? Before you waste everybody's time with multiple posts singing the praises of a person, please carefully analyze how they can benefit the whole organization. Use your brains and don't just be awed by his knowledge!



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  • mps
    06-04 11:26 AM
    I had used 6 months of previous bank statement (original) and had mentioned the same in the letter written to consulate officer.

    Using that my parents did get 10 year multiple entry visa.




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  • Music is composed by serveral


  • aranya
    07-01 11:42 AM
    Thanks for your replies.

    I understand the use of AC21 and I think I am fine as far as GC process goes. My main concern is the continuity of the H1B visa. Since the designation and the location of the employment will change, will there have to be H1B amendment, since the employer is same so there won't be any H1B transfer.

    I am eventually going to contact the employer's lawyer, but wanted to do my own research ahead of that. I couldn't get very clear answer from online sources and blogs. Any suggestion here would be very help full. Thanks!

    Only yesterday I had a converstion with my compnay lawyer on this topic.
    Her view is that I would have to amend the H1 for any location and/or responsibility changes.



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  • freakin_gc
    02-01 12:25 PM
    NSC,I know they are really pain in the ass...my wife recently completed her PHD...we are now seriously thinking about filing another I-140 in EB1 category at TSC. I believe they are much faster than NSC. Again we are not sure whether we can able to file another I-485

    If your i-140 reciept mentions 'Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)' Then you are good to go.....dont worry about it was applied as skilled worker.... you should not have any problem in getting the approval again if you company financial status is good..

    All the best..

    BTW what is your service center, NSC or Texas ?

    Thanks
    sb




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  • music notes symbols. music


  • meridiani.planum
    04-21 05:09 PM
    Hi,

    I am working in US on L1 and my company would start my green card filling in next few months.

    I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.

    But many of my friends told me that green card processing is faster on L1.

    I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.

    Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?

    Thanks in advance.

    ~Greeta

    GC in L1 is not faster than H1. Its just that L1-As are typically multinational managers who qualify for EB1, and H1s typically are engineers/worker-bees who qualify for the longer EB2/EB3 Process. So first find out what your category is going to be, EB1 or one of the other two.
    If you qualify for EB1, your GC process will be fast (~6 months), if its EB2 or EB3, hunker down for a long (5?10 years?) wait. This is irrespective of whether you are in L1 Or H1.

    advantages of H1
    - can be extended indefinately past 6 years in 1-3 year increments; once you have a GC going (LC >365 days old or I-140 approved).
    - can change employers in the US.

    advantages of L1
    - if your spouse is on L2, he/she can get an EAD and work.

    so main issues with your current status of L1:
    - If you have not filed your 485 within your L1 time, you need to change status to something else or return to home country. You cant get the extensions that you can get with H1.
    - if you lose your job, if you already had an H1 In the past you can move to that status, otherwise you need to go to home country and then get lucky in next years lottery.
    - there are no salary restrictions, so the employer can potentially legally underpay you. With H1 you must atleast be paid the prevailing wage.

    So unless you have a spouse that is currently on an L2-EAD, I would think moving to H1 makes more sense. (time in L1 counts agianst your time for H1 and vice-versa)




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  • Two Eighth Notes or double


  • fundo14
    10-15 02:08 PM
    Hi All,

    I received an RFE on my pending 485 application:

    Here is my case:
    I am a derivative applicant working on my own H1

    Here is the content of the RFE:

    1. Please submit a properly completed form G325A. Submit all the documentary evidence to support your employment history listed in form G325A.
    2. Clear copies of form W2 wage and Tax statements
    3. Complete copies of properly filed Tax returns (IRS Form 1040)
    4. Any additional document which confirms your employment history.
    5. You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your pre-offered position (if different from your current one) , the date you began employment and the offered salary or wage. Form letters are not acceptable. This letter should be in original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.

    I can easily provide all the docs above (from number 1 to 4) but I am surprised why I am asked to provide a letter from my intended permanent employer since I am derivative applicant.

    Anyone else in the same boat? please share your experience/ suggestion.

    Thanks!




    pcjandyala
    07-22 10:14 PM
    Shana,

    Once you take the infopass appointment, you can go to your local office (indicated on the appointment) and wait in the line/queue and ask your questions them when they call your number.

    It's simple process.

    Thanks




    anu_t
    07-20 10:10 PM
    I would definitely choose carreer over GC. Infact I myself did it.



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