Sabtu, 11 Juni 2011

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  • kgwithnogc
    05-08 01:48 PM
    One of China'a growth/export strategy is (and was) always to attract Chineese enterprenuers who settled in the west, so that they can bring technology and market(links).
    Now they want all the other chineese to come back, as it is more of country's requirement of quality work force of their own, it seems.
    US will loose the edge slowly, if they don't act quickly in not only in retaining talented immigrants and need to do "lot" other things.

    That is why it is called "Mother Land".

    But in this story it looks like the locals are a little bit suspicious of returnees.

    "Starting a company isn't an option for most of the 20-something haigui. Some end up unemployed and are known as haidai, "seaweed"." :(





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  • duttasurajit
    10-18 12:19 PM
    Thanks everyone for the valued response. One last question:

    I was under the impression that the job title does not matter for AC21 as long as the job duties are similar. For example, instead of IT Manager, say, I get a title of Developement Lead/Team Lead and the Job duties are similar.
    What happens in this case? Is it still risky to pursue AC21?





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  • simple1
    05-11 02:20 PM
    I already did, thanks.

    Kindly note:
    This thread is a question to Lawyer requesting advice from IV forum attorney.

    This is not the original thread for member / donor discussion.
    Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
    Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449#post340449

    http://www.visalaw.com/teleconform.html

    Please post and email this question at the above teleconf..

    I already did.





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  • eb3_nepa
    12-09 05:08 PM
    I agree on this "full disclosure". If I have to leave a comment or a red/green dot, the person writing the comment HAS to be forced to reveal their ID.



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  • pragir
    12-11 01:57 PM
    Mohit, when you invoke AC21 your job profile needs to be same as that listed on the job description on your LC. As long as your new company is willing to declare that your new job profile matches the one on your LC, you should be ok.

    I am not a lawyer, please consult one.





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  • GC Khichdi
    10-24 03:44 PM
    Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.

    Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.

    So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.

    For tips to the other readers.

    Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
    One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"

    This has worked in many cases as doing such bothe employer and employee gets best of both worlds.



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  • liorsal
    01-13 05:36 PM
    does anyone know if uscis need a law to pass in the congress to change the law on the i-485, or thy can decide to change it?





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  • ganesha
    02-20 06:07 PM
    My 140 was filed in Nov 2006. I had to wait 2 full years before my case got approved in Nov 2008.

    My lawyer did not even open a service request. She was against infopass too. Her reason was that these would work for any other case except 140.

    Based on my experience, I would recommend the following:

    1. Ask your lawyer to go through AILA. This is the most preferred way and should work in 99% of the cases (This is what worked for me though it took a lot of time)

    2. If option 1 does not work, try to go through your local congressman.

    Hope this helps. All the best.

    any inputs on how to open a service request or enquiry through senator's office for I-140 processing delay?



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  • manjunathk
    07-18 01:00 AM
    Let's send him "Get well soon" flowers with a letter explaining the REAL problem we (legal) immigrants face.





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  • Joybose
    08-10 04:50 PM
    Guys,
    I am happy to share with you all that I applied my 485 on 1 week of June and it got approved today.

    My PD was dec 2005. eb3. India.

    Thought i would share with you all.:)
    You applied in June 2007 and you got approved in two months? that is awesome, which service center?



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  • ranahosur
    07-15 07:39 PM
    I got an offer from a company, it is not a consulting company. In the offer letter it is mentioned that in case I leave the company or they terminate my employment (there is no time limit for this clause), I will have to pay back H1 cost. (The word H1 cost is mentioned).

    I would like to know if this is something I will have to be scared about? I know that it is illegal to ask for H1 cost.

    Any help is appreciated.

    Thanks
    R





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  • vkotval
    07-17 11:43 PM
    I agree with file485. Blocking the channel is not the answer. Lets put our efforts in getting as many signatures as possible for the petition.



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  • msyedy
    01-12 06:57 PM
    I understand this topic has been discussed ad nauseam, so I'm not raising this issue per se. I do not know where we stand on the likelihood of this provision getting passed by Feb 15th, but I do know that the Core group must be trying their best to get some provisions along these lines.

    But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!

    Some alternatives are:
    (a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.

    (b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.

    (c) If an Labor has been approved for X years
    (d) If the alien has been on H1 for Y years
    or a combination of any of the above

    Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.


    Why are you making it more complicated. People here want to get things done faster and relief for everyone.
    According to your statement .(New formulas). people with I-140 approved for x years can file I-485 and so on......

    If we are fighting for something nice, why not fight and say that we need everyone to be able to file I-485 like it was earlier. Reducing jam in USCIS is not a simple issue.By decreasing the number of I-485 filing the amount of time cannot be accuratly estimated that would take it to clear a case. USCIS can increase filling fees which they are thinking of doing to handle the current log jam they have, so I think we stick to and follow IV core.





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  • averagedesi
    08-23 09:49 PM
    I will be surprised if I am the only unlucky guy



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  • serg
    10-31 11:21 AM
    ...If USCIS takes more than 3 months to renew your EAD, you could visit the nearest USCIS field office and request for an interim EAD after you have accrued 90 days of filing EAD renewal....

    Didn't they stopped issuing interim EADs half an year ago?





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  • mnq1979
    10-23 10:39 AM
    Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?

    In addition to my above question can u please also tell me that if the visa officer told u after ur interview that u would need to come on friday to pick get ur visa stamp or did they jst say that they will inform him? secondly do u remember by any chance that if the visa officer told u that u would have certain # of days to come and stamp ur visa once they inform u that ur visa is ready for stamping?



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  • gsc999
    01-08 10:29 AM
    Heights of stupidity , does the child play with toys or its parents, why do they care about legality of parents !!
    ----
    Albaman & gcseeker:
    I am not an expert on this issue but per my understanding Contract law states that minors can't enter into a "valid" contract except for "necessities." Therefore, the need of their guardian's status. Also, these babies will get the $25K bond money when they become adults. I haven't read the Ts&Cs but am pretty sure about that





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  • koppula09
    01-04 02:20 PM
    Thanks for replying to my message. Even if she leaves the country, she has no H1 or H4 visa stamping to come back. Her COS(H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 and we didn't knew that we have to apply for H4 side-by-side. Bcoz of this situation, she has neither of the status. Even if we want to apply H4, her H4 is already expired in Aug 2006 and I am not sure if we can apply for H4 now. Can we apply for H4 now...??

    Regards,
    -- Venkat





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  • senthil
    02-07 08:48 AM
    folks - this is what ive been told.

    we can file the spouse details and the mariage proof - for AOS ( I forgot the form number ) if you are married but you cant get your spouse into US for some reason. EG you have invoked AC21 using your EAD. which means you have lost H1B and there is NO H4 in scope. So unless you get your GC you cant bring.

    In my case, I was on H1B when i got married, ( already filed 485 too before marriage, but did not use EAD till date ) so I could bring my spouse on H4. But the problem is there is no way you could add your spouse to my AOS process, unless my priority dates are current.

    hope this helps. do you guys have any suggestions / questions





    anilkumar0902
    01-26 12:10 PM
    I read Eden Prairie,MN has been rated the "Best city to live" by CNN Money magazine for 2010. Great schools, affordable living, low unemployment, community oriented life are pluses..Weather is definitely a damper. As the previous post suggests...we will have to trade-in the weather for everything else that is important to us.

    Cheers





    sen
    09-04 09:59 AM
    I have a question for you guys. My wife was pregnant when she took her medicals. So skin test was not performed on her. Do i need to wait for the RFE or is it possible to update USCIS with another I-693 with the TB test?



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