Thursday, June 9, 2011

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  • abhijitp
    01-25 02:42 PM
    I am happy to inform all of you in NORCAL that the permit to conduct a signature/letter campaign at Fremont BART is with us!!!

    NOTE: This cannot be used by another member at another station-- this is a non-transferrable permit SOLELY for the campaign at Fremont at the said times, but you can request a similar permit for any BART station!

    Now, I need at least ONE other member to be there on a weekday evening of your choice (I am planning to go there EVERY weekday evening for 2 weeks) and help me conduct this campaign!

    PLEASE.... this is the last call.. don't let us down!





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  • gc_bulgaria
    02-12 02:47 PM
    I would think Cross-Charegeability is automatic. I mean if one spouse is birth country India/China and one is ROW, I would think cross charegeability is automatic but then again not a 100% sure.

    Oh no - Its not automatic. You would think there would be a better way than write on cover sheet in BOLD but even though its in their own law, it is not easy to get it applied (especially with TSC).





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  • breddy2000
    12-08 07:02 PM
    vet04, Unfortunatly I dont have an answer to your question but if you dont mind can u pls let us know more about your current job so that I can start looking at your current job as an option for me incase if I get a green card. I am serious and not kidding. I want to know who is paying
    200k salary in this job market and what is the job requirement for that.

    He/She might be a "Veterinarian" as his handle is named " Vet04".Might be frustrated working with Animals all day and looking for a change,but honestly I do no know whether Vets get paid so much...:D
    Just kidding and no offense meant...:D





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  • oliTwist
    01-10 08:46 PM
    I had gone through the layoff thing during 2001-2002 time. Maybe, I might be mistaken. But I feel that time it was even worse.



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  • lkapildev
    04-15 03:12 PM
    Nothing will affect you. You are at the beinging stage of your GC. Donot get tensed or panic .. all will be smooth. I donot think there is any way to to inform DOL. Contact your attroney for any clarification.





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  • ivar
    02-07 09:48 AM
    How did you celebrate?
    What are your changed plans now in life?

    Nothing much has changed right now, but first thing i want to do is vacation to india to see my parents. I can feel the difference no wasting time and money on H1 stamping as the first benefit :) as far as celebration we had a party this weekend. i wish you good luck.



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  • hsingh82
    06-15 11:26 PM
    Indonesia

    I think your best bet would be that your parents apply for visa alone. I believe this will improve their chances of getting visa and once they get the visa then your siblings can apply. Good luck!





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  • onemorecame
    08-21 04:14 PM
    There were twobiometrics. One was with initial application (probably Nov/Dec 2005) and another was in May 2007 when the first one expired (FP is valid for 15 months).

    are you in EB2?



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  • kookoo
    08-03 07:18 PM
    Thanks

    I will speak to my current and Ex-Employer let see what happens.

    I hope I can get that letter back.





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  • new_horizon
    02-17 07:16 AM
    I have a couple of questions:
    1. In the AP application form, there is a question on when you intend to travel. What should I enter there when I am only applying for some future travel and am not sure about the dates?
    2. I had worked on OPT after my graduation before switching to H1 visa. So when I apply for EAD now, should I apply as a renewal applicant or a new applicant? Is OPT the same as EAD?

    thanks.



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  • suren26
    07-24 12:54 PM
    My LAWYER is saying the same that i am leagal till FEB 2010(compelting 6 yrs). He is asking me to renew the H1B for 1 year based on I140 appeal. and apply for new LC & and I140 based on that and if it gets approved then rebew H1B for 3 yrs based in new approved I140.

    But some threads are saying that if you I485 gets denied then you have to reinstate the H1B, Is that true?





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  • map_boiler
    07-05 04:52 PM
    If your labor cert contains language such as "...may work at one or more unanticipated locations", you should be fine with no need to re-start the GC process.

    However, I would check with an attorney to be on the safe side.

    Gurus, need a lil help clarifying issue in GC process.

    I've a question regarding location of work place for a H1B employee filing GC process.

    I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.

    Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.

    If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.

    I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.

    Thanks in advance.



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  • NKR
    09-21 01:18 AM
    Confused ...i think GC stands for Great Confusion
    Came in 2001....PD 2003......EB3

    Will I ever get my GC? What is it anyway?

    When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".





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  • shirish
    03-26 11:32 AM
    According to my knowledge it has to be after the college. You cannot be fulltime employed and full time student at the same time.

    So in nutshell. B.S + 5 years exp (After completing BS) and also the job must demand for BS + 5 years exp.Else you cannot file under EB2.



    Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.

    What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.

    Dunno ... with USCIS and their rules ...

    I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.

    M.



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  • hopefulgc
    05-12 08:03 PM
    thanks gconmymind!

    IV leadership indulge us here for a min...
    if we were to be able to raise $1million somehow..
    How much would you say it improves our chances of getting the IV missions accomplished?

    If there can be some certainty & improvement of possibilities, i have feeling .. people will step forward.





    You have noble intentions and I salute your spirit but it does not make practical sense to try and raise $1M when on the other thread, we have not even touched $15K!! At least, this will not happen with a donations only campaign. If a corporate were to sponsor, thats a different thing..

    Again, I think all (ok, most!) the members would donate $2000 if there was assurance/certainty of positive outcome. A lot of people are sitting on the sidelines, hoping for a positive outcome, without contributing time and/or money.

    People, please contribute time and money towards IV to help yourselves!





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  • Joybose
    08-14 02:58 PM
    Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
    Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
    Hey, which service center, Texas or Nebraska.



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  • ganguteli
    04-08 05:14 PM
    Winner - Thanks for the recommendation. You should have stopped right there. I ask questions to understand how it functions and whats going on. If you dont know the answer. Just be quiet. Stop making smartass comments. I dont have time go back and forth on it.

    You don't have time but you expect others to have time to read your smartass posts? Huh





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  • eyeopeners05@yahoo.com
    06-02 03:04 PM
    If they know you changed employers to use EAD (your previous employer has to cancel your H-1b by law which also cancels the H-4), then they will know.

    Check some of the RFEs that are coming in these days. They want to see documentation in support of lawful presence right from day one of the applicant's entry, even if it was 10 years ago.


    You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?





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  • amsgc
    04-02 08:43 PM
    The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.

    According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.

    Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.

    Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.

    Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.

    Ams

    Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.





    greyhair
    04-21 11:45 AM
    I did try to get into it so that i can start an effort to file a lawsuit but it seems after spending couple of hundread dollars to talk to lawyers I came across that federal courts have no power to do anything against USCIS if it is ineffeciency due to beurocracy delays.

    So Technically you can file a lawsuit even as an individual but then Federal Court wont be able to held USCIS accountable as USCIS will give excuse as beurocracy delays and lack of resources and that lands on Congress so Federal court will have to get Congress involved.

    Very Sad ... but its true ... this is a clean example how unfair this country is and it still preaches other countries on this planet about liberty, justice blah blah ...

    Look at the bright side. Now you can sue US Congress. When is that lawsuit coming up? Please keep us posted.





    desi3933
    06-25 12:34 PM
    You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.


    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    As per this memo -

    Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
    Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
    While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.

    With this, I am not sure, the defense of PD is not current is going to work.



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