Senin, 13 Juni 2011

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  • suavesandeep
    12-19 05:13 PM
    I would agree to this. Only if you live in the US and do not get a pay check you will be in trouble for both H1 extension and GC processing.





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  • copsmart
    02-21 07:36 PM
    I feel sorry for your situation, and I know how difficult it is, because I am pretty much on the same boat (I mean, we have a newborn too, 4 weeks old). Except, I recently lost my job and got some severance pay for February. Plus, I took advantage of the law and collected some money from my employer for the return ticket. I ask them to pay cash rather than buying me the actual ticket. So, I do have some time to breath.

    I am actively looking for a job right now, and the only thing happening is the meetings with the recruiters every so often. If you call a recruiter, they will obviously want to see you in person before they submit your resume. Time goes by so fast, it�s been a month already, no client interviews yet.

    But, I do see some positions open for my skill set, it�s not so dry. So, I haven�t lost my hope yet.

    Anyway, I�ve decided not to look for a H1 sponsor anymore, because it is going to be a total waste of time in this tough economy. I�m only looking to use my EAD. I�m ready to relocate, if the job is in a different location. I�ve also decided to take a pay cut, if at all necessary.

    So, that�s my side of the story�


    BTW, if you have made up your mind to go back to your home country, why can�t you take advantage of the unemployment benefits? Some states like Massachusetts even pay your COBRA premiums when you apply for unemployment. Because, that will give you some more time to survive.

    I hope you will find a job pretty soon. Good luck and take care of the newborn.


    God bless the Jobless!!!


    >>Looks like you are on EAD. Are you still finding it difficult to find a job?
    If I am on H1, I could have already packed my bags.

    Here is the temporary crisis for me.
    With out a job, cash is running out. Needs to pay attention to my newborn. getting interviews are tough. hopefully something comes in another 1,2 moths.





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  • priderock
    05-15 02:13 PM
    Thank you, priderock!!!
    You mean I have to ask somebody to mail me the new extension when it is approved, so that I will not have trouble at the port of entry? Can you check how long your visa stamp valid? Since I have made an interview appointment at US embassy in my country in early June. If it only lasts to June 30, I will cancel the interview. Thanks again.

    But you need a valid visa stamp to re-enter.
    1) What is the validity of your current visa stamp ?
    2) When you applied for visa extension , what is going to be the validity of that visa ?





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  • ras
    06-04 02:34 PM
    This is useful for those singles who have applied for green card but are worried about getting it before being married. And there appears to be quite a number of them.

    Even if it is not useful for all those married green card applicants, this is a huge thing for the singles even if they are in the long Q. This is a long term solution for a section of the IV community. Because it is not useful to married doesn't mean that it is not relevant to IV community.

    I have seen people who didn't apply during July fiasco though they are eligible just because they cannot bring the spouse if they get married. Absolutely it is relevant to all those singles out there in this community.



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  • mambarg
    07-24 07:08 PM
    My attorney uses Fedex and we get receipts on time.
    I would recommend to use Fedex instead of UPS.





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  • ivar
    02-04 05:39 PM
    Maybe i should change the title: Is DOL still working on PERM withdrawals? to expect some responses or i am the only one who needs PERM withdrawal :)

    Okay, Is there anyone who has filed for PERM appeal after refusal and got PERM approved after appeal.

    Thx,
    R.



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  • furiouspride
    04-24 08:01 PM
    Contact an attorney mister. Duh?





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  • willgetgc2005
    04-24 11:47 PM
    dilbert_cal / others,

    I have a EB3 2002 PD . My 140 is approved and is 485 pending for 2 years. I have EAD as well. So my question is if I join a new employer using AC21 and have the new employer file an EB2 and then try to port PD, will it work. Assume my current employer will revoke 140. Will the PD portabilty still work ?

    Thanks

    _________________________________________________


    If your previous company has closed down, there isnt any way you can port the PD.

    PD transfer can be done if you have an approved I-140. Since you didnt reach that stage and also since the company is no longer around ( which kills any possibility of filing 140 with them ) , you wouldnt be able to port your PD.

    Also for PD transfer through approved I140, your job responsibilities, your location of work etc do not play any role.



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  • imh1b
    02-25 10:47 AM
    Guys,


    Also, I see there is a suggestion to NOT count Dependants in the VISA numbers, since they are not counted for other visa (H1) status. Its a very good suggestion. We just have to be ready with the counter-argument, if we are told, H1 Dependant is H4 and not eligible to work. However, once GC is approved, that spouse gets equivalent benefits and hence its counted.

    H1B is temporary visa.
    Green Card is permanent.

    On H1B you can even come to USA for 1 day and go back. But on Greencard you are asking to say here permanently with family. You are also asking for family be given all Green Card benefits like ability to work etc. So it makes sense to count dependents. On H1B the employer is only giving you the job and calling you. So you get work permit. Wife and children do not. You are being called only because USA needs your valuable skills and they cannot find Americans. There is no I485 stage on H1B visa. Wife coming on H4 is only to stay with you. This is understood even before she applied for the visa. So there is no reason for wife to complain that she cannot work on H4. On Greencard I485 stage, once the employer has established no American is available to work, you petition USCIS to allow your wife to stay with you as you also will stay permanently. in I485 you ask for the benefits of permanent residency for wife and children.

    So it makes sense for counting dependents in the quota. What we should focus on is removing country limits. Country limits are discriminatory. It is morally wrong.





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  • rajenk
    09-20 05:39 PM
    Just got a word from our attorney that my case was approved on 09/08/2010. In my case USCIS did not update the website with the approved status! Not even a soft LUD.... I don't know their operating standard!

    Thanks for many of you reading my post! So now you know even with out USCIS website update there is a chance that ones case would be approved.

    Lesson learnt: Always check with attorney!

    Now on to the final hurdle! I-485.

    Raj:)



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  • Ramba
    09-16 01:20 PM
    The GC is based on good faith intention to have a permanent long term employer-employee relationship between sponsor and beneficiary. There is no prescribed time period to define �permanent� or �long term� in any law book. Each lawyer has their own interpretation. As most of the GC is thro sponsors, the sponsors has more power. If sponsor can able to successfully demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship, used employer just to get GC, then it may be a problem that leads to revocation of GC too. This is mostly possible in future employment category peoples. If any one worked for long term with sponsor before (or after) getting GC, then it is difficult for sponsor to demonstrate to USCIS that beneficiary had a bogus intension to have a permanent emeplyer-employemet relationship. Further, as AC21 gives 180 days as a time period for changing employment, 6 month period (either before or after getting GC) may be sufficient to work for sponsor.





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  • chantu
    07-14 04:46 PM
    Moved residence couple of weeks back. Changed address online for my 485 case and added for spouse and child as weel?
    Is it ok to continue and add spouse and child cases for address change along with my case or do i need to start from scratch with their A numbers? Any idea.

    It should be new procedure for each person.



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  • bsbawa10
    12-16 07:21 PM
    A million dollar question is : What order are they following ? I am having PD of April 14th , 2004. Still waiting.





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  • jasmin45
    06-06 09:35 AM
    This is what I got from the below link

    http://www.tradingmarkets.com/.site/...0News/2359471/

    Chairman of the Asian Pacific American Caucus, Rep. Michael Honda, will hold a press conference on Thursday, June 4, at 12:00 p.m. on Cannon Terrace, or in case of rain Cannon House Office Building Room 441, to present key components of a comprehensive immigration package, in preparation for President Obama's reform agenda. Joining the Congressman will be other Members of Congress and supporting advocacy organizations. Rep Honda will discuss his Reuniting Families Act, to be introduced in Congress this week, and the need to reform America's family-based immigration system to end lengthy separations of loved ones, promote family stability and foster the economic growth that immigrant families have provided throughout our history.

    Provisions related to Employment based Greencards:
    *Recaptures unused family-based and employment-based visas previously allocated by Congress which remain unused.

    * Increases the per country limits of family and employment-based visas from 7% to 10%: Right now, each country only has a 7% share of the total cap of visas that Congress allocates each year. Increasing each country's percentage of visas would eliminate the absurdly long wait times for individuals to immigrant from certain countries like the Philippines, China, and India.

    This bill is similar to S 1085 introduced in the Senate with regard to employment-based visa provsions - basically recapture and increase per country limits from 7 to 10%

    This report has been removed from that site.. :)



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  • rgpr
    03-29 08:42 AM
    During my first entry to the US I had been on an F1 visa for my MS studies. I took an OPT corresponding to this level of education and had a COS to H1B within the US (academia, quota exempt). I never had this H1B stamped in my passport as I never left the country.

    In order to pursue my PhD, I had another COS from H1B-F1 within the US. This time I had a 221g invoked on my application but it was cleared and I could re-enter US. So I am in my first year and due to some reasons I would like to discontinue the program and go back to work.

    I may get employed by either academia or industry. The October 1st start date would correspond to the industry job whereas there would be no such start date for an academic job.

    I will surely not quit PhD but wait for an employment opportunity and to have my COS to H1B approved within the US. In the interim can I register for 1 credit over the summer and fall semester respectively in order to remain in full-time student status?

    Any other thoughts on the wait time around the COS period?





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  • sudiptasarkar
    09-14 02:51 PM
    I am trying to apply my AP (I-131) renewal. My current AP will expire on Oct 17 2009.
    I had few questions about the form. Can someone please answer my queries?

    Part 1
    Q#3. Class of Admission: I used my AP to enter the country on Sep 7th 2009. I am currently working on EAD. What should I enter for this field?
    Part 3
    Q1. Date of Intended Departure: I do not have any trip planned right now. What should I enter for this question.
    Q2. Expected Length of Trip: What should I enter for this question?

    On Part 7 it says that
    "On a separate sheet of paper explain how you qualify for an advance parole document, and what circumstances warrant issuance of advance parole."

    Thanks
    Sudipta



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  • looneytunezez
    04-16 01:09 PM
    Per The California State Supreme Court, non-compete clauses in employment contracts are not enforceable in California, except under certain conditions.

    so it all depends on your state.





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  • jonty_11
    12-13 11:06 AM
    That is provided the dems are in pursuit of CIR.
    Pelosi never even talked abt CIR for her agenda 100 day or otherwise.....





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  • h1techSlave
    01-05 11:57 AM
    Is Eb3 --> Eb2 porting a wide spread phenomina?

    Tough to predict due to porting done from EB3 to EB2. All old EB3 PDs that ported to EB2 will have priority over newer EB2 PDs





    piyu7444
    09-01 06:52 PM
    Did anyone get their GC Approvals from USCIS Local Offices which are pending after the interview is complete? If anyone is waiting for local office cases what is the process they are following and how is the approval process?

    I am waiting for my approval of my EB2 India with PD Nov 2004. it is pending in San Jose Local office

    I guess applications pending at local office are unlucky guys :-(

    Anil

    I respectfully disagree with the statement that people who get interviewed are unlucky.

    If you get an interview atleast your case is processed (FBI check and all are done prior to interview MOSTLY but not for all cases). Instead of that your file is s'h'itting at a bigger USCIS location it just sits in a local office. The concern that there is no way to find out where the file is when dates are current is true if your file is at a national ctr or at any other office. You cant do much.

    In the case when file is at a local office you atleast know where it is and can try various things with the help of infopass and attorney. (Ask your lawyer and he/she should be able to tell you how to get GC when case is just waiting for a damn visa # and is at a local USCIS office)

    Instead of not knowing where the file is, what has been processed or not its better to know that all you need is a VISA # and you can always prepare to get the real thing when you see the VISA BULLETIN and know that you are current for the coming month.........

    If it does not make sense I probably wont have stamina to re-write....just too busy at work.........so I am hoping this helps.





    arc
    10-04 02:29 PM
    Receipt date Jul 2

    Transferred from NSC>CSC

    Receipt Notice Aug 23

    Got EAD/AP

    485 Transferred from CSC>NSC

    Waiting for FP notice



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