Miyerkules, Hunyo 8, 2011

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  • Thursday, January 27, 2011


  • sts_seeker
    07-05 04:24 PM
    Hi All,
    My lawyer waited until the last minute and filed I-140/I-485 concurrently even when the PD was current in June07 for me. It a Labor Substitution case so should I file new I-140 before July 16th with a copy of ALC and write a note or they will take out I-140 from the file and only return the I485? I cut a seperate check for I140 while filing.
    please advice asap.
    Thanks
    sts_seeker




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  • RollingStone12
    04-25 02:43 PM
    1 felony on record;

    no FELONIES...
    and remember this DUFUS it was US from England that discovered YOUR country...not AMERICANS
    So stuff that where it needs to be stuffed

    Dont worry its just a matter of time...already your son would have started the itching for second Felony...yes its getting stuffed in the right place. I mean the ICE.




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  • ImmigrationAnswerMan
    07-02 11:40 AM
    It depends on why your L was denied. The standards for the L and the H are completely different. So usually a denial on an L will not be a factor in adjudicating an H petition. If your L was denied because you had not developed the company enough to show that it was a viable company at this point, then when you file the H they might question whether your company is large enough to warrant needing someone in your position (whatever the position may be).




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  • kams
    08-14 08:13 PM
    Congratulations. Glad to see that a 2004 PD also received the approval!



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  • jonty_11
    02-06 05:57 PM
    Good advice vamsi_poondla. Changing job is always a problem in I-485 stage. Making this more flexible is one of the administrative fixes IV is proposing in the letter to the President. One more reason for everyone to mail that letter, if not mailed already.
    correct please get to the core problem rather than duscussing the cursory nature of AOS status. We need to get a resolution to our problems. Please post the letters...!!




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  • yestogc
    05-11 10:19 PM
    Keep going



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  • go_gc_way
    07-12 03:18 PM
    when you file for the 485 you can use old priority date. priority dates can be transferred if old 140 was approved and you changed the company to restart the process all over again.

    Can you use an PD from an old labour application, that was approved but the labour has been used for another employee?

    I think not as from your answer it appears , labour & i-140 must have been approved for the same person, just wanted to get it clarified.

    Thanks.




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  • go_guy123
    01-06 11:00 AM
    CIR is impossible with the current Congress, any legislator thinking it is a possibility is only misleading!

    "That" legislator also knows it is impossible. He/she is doing it for a poltical stunt so that he/she can go say I did try from my side.

    My belief is that this time around they will try a Dream Act - SKIL Bill combo meal to get some votes in Senate/House



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  • bkarnik
    04-14 08:24 PM
    Call is on April 14th (Sat) at 2.00 pm EDT.

    Please check your emails. If you have not received an email, please email shrey@immigrationvoice.org with your phone number/your id on IV and I will call back.

    Ragz:

    OOPS!! April 15th, Saturday:D See you then.




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  • sankar_203
    09-25 01:35 PM
    My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?

    You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.

    Please advise.

    I am in the same situation as yours, (Actually my H1-B got denied)but i haven't filed for H1-B, i have inquired about it. You can file for H-1B and you are not subjected to quota . Only thing is your time towards on EAD will be counted against your H1-B. say out of 6 years of total H1-B, if you have 3 years of it and 1 year on EAD, when you apply for H1-B, you'll get the remaining 2 years. Your attorney will be able to help you out on this..Please keep us posted about the outcome and good luck..



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  • SL%%
    08-25 09:14 PM
    How do we know if our case is pre-adjudicated or nor, is it only a guess based on PD, that a case may pre-adjudicated.
    Today, I called uscis, and asked if my case is pre-adjudicated or not. I was told that the rep does not have access to my personal info.

    PD - July 2004-EB2
    I 485 RD - Aug 17, 2007 and ND - Oct 16, 2007
    Attended interview at the local uscis on June 25th, 2009
    Spouse alone second FP on July 5th , 2009
    I

    fatjoe,

    There was an article that came out and here is the link to it: TSC-NSC update (http://imminfo.com/News/2009-AILA/TSC-NSC_update.html)

    As the way I understood it, even your PD is not current, they are starting to pre-adjudicate some cases so that the Visa Center would know more or less how many visas are needed and how big the backlog is. This effort tries to eliminate unused visas and utilize most of it. So the way I see it is, USCIS pre-adjudicates cases, then those who are "pre-approve" will be sorted on a different place maybe database which will be submitted to the Visa Center. Now, once your PD comes (Visa Center is the one responsible for monthly Visa Bulletin), Visa Center will tell USCIS that this case is ok, USCIS then sends you your GC.

    I was going through this forum and I have read some instances where the officer on the phone will or will not tell you if your case is pre-approve. So what they do is call back again and hoping that officer will divulge such information to you.




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  • morchu
    05-04 02:42 PM
    No the H1B doesn't become INVALID.
    You just may not be eligible for another extension.

    All:
    What happens to an H1B (based on 3 year extension derived from approved I-140 & pending I-485 with dates not being current). Does I-485 denial result in the H1B also being invalid?



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  • gc_check
    02-13 04:34 PM
    Hello All,



    I am on a 6th year on H1-B with my 140 approved. I am due for renewal on June 2010 with my employer who is a desi consulting company.. My employer has around 100+ employees.



    I am recently moving over to a new consulting opportunity which my employer has showed me which is corp – corp with prime vendor in between…

    I also have another Full time offer pending with a Big 5 consulting company who promised me to sponsor my H1 and re start my GC process since my 485 is not approved… I need couple of suggestions if somebody could advice



    � Is it better to stay with my desi consulting company because my GC is in process with them? I am little afraid with respect to this new USCIS Memo( Employee – employer relationship in terms of H1 processing and travelling to india

    OR

    � Is it better to move on with the full time offer with top 5 consulting company . This from my career perspective would be growth but only disadvantage is that I need to re start my GC process . Hopefully I should be able to port my PD date…..



    I am little torn up on what to choose ( full time or stay on corp to corp ). Can anybody advise if its better to compromise on GC and take the Full time offer because of all this scrutiny that USCIS is doing with ..



    Thanks,

    What do you mean 485 not approved, Have you already applied 485 and pending. If that is the case, you can join using EAD and continue GC process, no need to restart GC. Also you had mentioned restart GC, if 485 has not been filed, in this case, you had mentioned you will be doing H1 transfer /use AC21 to get H1 extension for beyond 6 years based on your approved I-140, As long as all goes well, you will be fine, H1 transfer + start new GC right away and you can retain your PD since the I-140 is approved. But, if the new company delays GC / Perm filing for some reason and if the old company revokes I-140, then you will be in trouble. Also any future H1 transfer / extension will entirely depend on the mew labor pending beyond a year or approved I-140. Not to discourage you, but you need to consider all facts and have a plan B, if your long term goal is migrate permanently to US as well as, progress in your career. This might sometimes means, taking calculative risks and also compromising on some.




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  • smuggymba
    05-11 04:34 PM
    OP is busy, International Manager got a call from her TCS Manager.

    Please don't insult OP by calling her Intl Manager - they are called "Global Program Manager" and "Executive Engagement Manager". These companies are coming up with new fancy names for these PM's with 70K salary, 6 yrs of experience and 10 college freshers reporting to them.



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  • crystal
    07-11 12:07 PM
    ^^^^




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  • andy_traps
    03-20 03:20 PM
    The Orange County Register has an article about Immigration related policy making (CIR?) that is going on behind the scenes.

    http://www.ocregister.com/ocregister/news/nationworld/article_1624369.php

    Agreed that this is no New York Times or Washington Post report, but hey some news is better than no news at all, don't you agree?

    Andy

    The text of the article:

    Kennedy says immigration bill will happen
    California's Assembly Speaker meets with veteran lawmaker as part of Washington lobbying trip.
    By DENA BUNIS
    The Orange County Register

    WASHINGTON Just because a comprehensive immigration bill has not yet been introduced in the Senate that doesn't mean the issue has gotten off the track, Sen. Edward Kennedy said today.

    The Massachusetts Democrat said bipartisan negotiations are continuing both among the members of the Judiciary Committee and with the White House. The veteran lawmaker has made the calculation that it's better to get as much agreement on the elements of what is likely to be a complex and controversial bill before it gets introduced than after.

    "It is the judgment of those who want the bill that the way we are following is the fastest way of getting the legislation,' said Kennedy. "Obviously we have to consider it on the floor in May or no later than June.''

    Kennedy spoke to reporters about the status of an immigration bill this afternoon after a meeting with California Assembly Speaker Fabian Nu�ez and Assembly Republican leader Mike Villines. More than 30 state lawmakers are spending three days in the nation's Capitol, lobbying federal officials on issues ranging from education to the environment to immigration.

    "We believe states like California are disproportionately affected by immigration since we have such a large population of undocumented in our state,'' said Nu�ez. "But we also believe these undocumented immigrants, whether they come here legally or not are a contributing factor to California's economy. We have hundreds of thousands of families that are looking forward to a comprehensive solution to immigration reform. "

    Villines attended the meeting with Kennedy but skipped the following news conference.

    "If is doesn't happen it isn't going to be for a lack of effort,'' said Nu�ez. The Assembly leader plans to meet today with House Speaker Nancy Pelosi and he said he will make it clear that this is a top priority for state lawmakers.

    When asked, Pelosi has said she supports a comprehensive bill but it is not an issue she often mentions when enumerating her top goals. A bipartisan group of House members are working on their own immigration bill, which could be introduced as early as this week.

    That measure, as well as any bill Kennedy is a part of, will likely include increased border enforcement, a new guest worker program, and a computerized program to verify employment status and a path to legalization for the estimated 12 million illegal immigrants here now.

    President Bush supports such a plan despite vocal opposition from members of his own party.

    Kennedy has spent months negotiating a broad overhaul bill with his partner thus far in this effort, Sen. John McCain, R-Ariz. But last week, after it became clear that there were still significant details the two could not agree on, Kennedy said he instead planned to bring back the bill that was voted out of the Judiciary Committee last year.

    Also complicating the deal making this year are separate talks among a group of GOP senators and the White House. Several of the Republican senators involved in the talks are known not to be willing to vote for a bill that includes a path to citizenship for undocumented immigrants.

    Asked whether he is concerned about such a proposal, Kennedy indicated that such a bill wouldn't work.

    "If the constituency groups and the stakeholders are not interested in this then the legislation isn't worth the paper it's printed on,'' he said.

    Sen. Dianne Feinstein, D-Calif., recently said she believes the best route to take may be to pass a bill that would affect the five million agricultural workers and do that as a first step towards a broader solution.

    But Nu�ez said he doesn't favor such an approach.

    Nu�ez said the labor needs of the inner cities in California and around the country wouldn't be taken care of if just agriculture is addressed.

    "If you take care of the ags piece I fear it will be a long time before you get comprehensive reform in the other areas,'' Nu�ez said. "Our hope obviously in California, is that we can solve this problem in its entirety and do it in one effort."



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  • chantu
    06-20 03:11 PM
    I am also planning to do that. I think we can do that but I will clarify with my attorney next week.

    Please let us know what he says!




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  • kaisersose
    06-26 09:01 AM
    Hi,

    I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.

    I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.

    My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.

    Can any one suggest me on this?



    Thanks
    h12gc


    If you are working for A, but respond to a RFE with an offer letter from B - for whom you have no intention of working - then you are breaking the law.

    Your job with A should be similar to your Labor job and you should respond to any RFE with a copy of your offer letter from A.




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  • jthomas
    03-27 12:00 PM
    Thats not the case. USCIS will revoke employment based AOS since mariage based AOS has higher priority. So the process would be, they would call for a normal interview and then hand you a paper that
    " since you have a second petition (employment based) so they have to combine both of them and then they would issue a green card."
    Its just because you were in this country legally for a long time they will go through all the required paper work. IT MEANS DELAY in processing or may be RFE to get more details.




    Hi there-

    I think you have already paid fees for EB 485? So revoking it wont get those fees back to you. I would suggest, you get married first, then file I-130. If by that time your EB 485 is not approved, you can still file FB 485, whichever comes first take it. You can file both in parallel. Its only a question of few thousand dollars. Attorney Rajiv Khanna has extensive documentation in this regard. You can see his website immigration.com




    desitechie
    07-17 01:49 PM
    Traveling for the 1st time on AP (used H1 stamp previously, now I am on ead), wanted to know how the experience at SFO is. Do they always send you for secondary inspection? Anything else to know beforehand?

    here's the list of docs I have from earlier post:
    (http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24709-good-to-carry-documents-for-ap-travelers.html)
    - All copies of AP
    - EAD
    - Passport, of course
    - 485 receipt notice (Good to carry)
    - 140 approval notice (Good to carry)
    - Labor approval notice (Good to carry)
    - Company identification card/badge (Good to carry)
    - Current employment verification letter (Good to carry, I never did and I was okay)
    - Old stamped APs, if you have used AP to travel in the past (Good to carry)

    anything else?

    Also, when leaving Bangalore, any issues if you only have an AP and no H1 stamping?

    thanks.

    I came in Jan and secondary inspection took only 10 mins. Just gave the PP and AP doc.




    arnet
    10-24 01:16 PM
    thanks janilsal for letting us know abt this program and please let us know if you receive any reply.

    IV members should follow this program and ask lawmakers abt this retrogression issue if yahoo brings more lawmakers to this program.


    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 #170 at:
    http://news.yahoo.com/b/judy_woodruff/j_woodruff11183?rf=166#comments

    In the future, there will be more law makers.



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