Tuesday, June 21, 2011

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  • MSS
    11-28 03:31 PM
    How do I do that,is there a seperate application I need to file or is this something my lawyer needs to handle?

    Thanks for your inputs...

    Thanks
    MSS





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  • DSLStart
    02-08 01:46 PM
    Thats why I mentioned in my post

    Because if that happens, not all the time USCIS would first send NOID, they are also unfamous for straight sending the denial.
    If you search in this and other forums some people have gotten straight denials once a 140 is withdrawn by ex employer. Once a 140 is withdrawn USCIS will usually first check if an AC21 has been filed or not.


    I think the OP need not worry about his I-140 getting revoked as I 485 is already applied and it's been more than 180 days after that. Correct me if I am wrong. Am I missing anything?





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  • pcs
    09-23 07:39 PM
    There is NO good lawyer. They are all the same & you intend to learn the hard way. Read my post again. My current lawyer is all paid by my comapny & still turned out like earlier lawyer I hired.





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  • pmpforgc
    08-23 07:57 PM
    Hi

    I know there was old thread related to Life insurance but could not find it so starting new thread.

    I am 41 yrs of age and smoked cigerates more than five yrs ago.

    I tried to purchase TERM LIFE insurance for myself.

    For 350,000 $ policy - 20yr term - Newyourk Life gives premium of 685 $ per year.

    Where as Prudential for 3,50,000 30 yr term gives premium of 827$.

    Both policies include premium for DISABILITY WAVIER OF PREMIUM rider.

    Does above premiums are too high, too low or OK.

    I tried to talk to couple of americans in my office and they are getting quite low premiums compare to US.

    Please give some ideas if you have bought or tried for term policies before.

    thanks



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  • karthiknv143
    04-16 04:04 PM
    With H1B lottery over and sooner when rejections start to come, when is High Tech Relief Act even going to be taken on floor?
    Answer: NEVER EVER.

    The whole thing is just a mockery. How many bills will be introduced?
    TRY TO ACT ON ATLEAST ONE???????????





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  • meridiani.planum
    04-09 04:10 PM
    Hi,

    My current EAD will expire in September 2008. It is applied through Company A. I want to change my employer in July to Company B. But I would think during
    that time frame I would have already applied for my EAD renewal.

    Can I transfer to Company B during this renewal process?

    Thanks
    AK

    yes you can transfer. EAD Is your own application, not tied to employers. Just make sure you have an approved EAD every day that you are working (either old EAD, or the new one). If old EAD expires and new one has not yet come, you need to stop working. Other than that EAD renewal is completely orthogonal to your employment situation



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  • pappu
    02-15 12:34 PM
    Good effort and the thread.
    we have been appealing members to approach their employers and have them help us in our struggle. We need members helping out with this effort. IV can help you once your company is ready to help. we can then get in touch with your company's senior management to discuss it if needed.





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  • taarine
    07-15 11:25 AM
    The many comments accompanying this story show how uninformed the average person is about immigration processes. Unfortunately, the wrong people appear to have a free run of the media. Ill-informed, poorly researched, and extremely biased reports are being fed into living rooms via cable TV. These are creating an unjustifiable sense of fear even in otherwise thinking minds. Education is the key.



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  • hpandey
    06-03 10:30 AM
    You don't have to do anything. He will be in parolee status but his work authorization will be based on his H1B.


    My wife was on H1 status and she got her H1 extension in March. Then she went to India on vacation and came back on AP. Her lawyer said that her H1 status is no longer valid and she will have to work on EAD as she is on a Parolee status now. The only way to go back to H1 status is to file the H1 extension again .

    I don't know if the lawyer is right or not. Can someone else throw some light on this ?





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  • sweet_jungle
    11-17 04:50 PM
    I know somebody who did this... Went to B-School full time when 485 as primary applicant was pending with a fortune 500 company. His wife was on H1, and he moved to H4 status. Basically he took the risk and did not care about his GC. He got approved this year with no questions asked. I guess if your GC is filed by a reputed company and they wont revoke your I-140, You could be good. But its a definitely a risk as others on this thread pointed out.

    There is this saying, Sometimes You find something when you are not looking for it :)

    Will he not be caught during citizenship?



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  • medexamblues
    07-16 02:38 PM
    This is what I did
    I got an appointment with the local TB clinic for this Wed. I went there with my x-ray. The doctor there said it does not look like TB, but that she would need another set of x-rays to confirm. I then too one side and one front x-ray on the same day, got them read the same day. The doctor was satisfied, gave me the clearance, which I then took to the civil surgeon. That was good enough, end of the day, I had my sealed report!

    No CT scan, no additional tests





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  • suriajay12
    03-14 08:48 AM
    Good one.. I listened to full length and there are some very good points he rasies.
    Thanks Maddipati., though it is not related to our immig issues.



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  • gbof
    12-26 11:25 AM
    I have a similar question. If somebody can reply, that would be a great help. I am currently on H1 and wife and son on H4. My H1 will expire soon and I plan to go on EAD. Will my wife and son also have to go on EAD ? My son is minor and wife does not work.

    Your wife and son will be in AOS even if you donot extend their H4 or apply for EAD.
    It is your choice whether to extend H4 or apply for EAD just incase she/he want to start work in future.





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  • acecupid
    08-05 07:36 PM
    I think we've all questioned the need to withdraw your I-485, but not really answered your question about the implications of withdrawing your application!

    I do think we have to consider withdrawing I-485 as an option, especially when your PD is current and your marriage is planned for a later month and your fiance is in India. It seems less stressful to be able to withdraw you application and re-apply when you are married and can apply jointly with your wife. I would certainly consider that if my PD was current, but just like you, I don't know the implications of such an action. I don't see any good alternatives though - Follow-To-Join doesn't exactly seem like a very good option since it takes atleast 6 months to go through that process. The only other option is to pray each day and just hope your application isn't approved.

    I hope someone with experience in withdrawing their application can provide some input here.

    Well none of the guys who asked this question including myself have the PD current. So I personally consider it foolish to withdraw I-485. If the PD was current I would take the next flight to get married. But since its not, I was curious to know why this thought would even cross anyone's mind. My advice is to not withdraw AOS application.;)



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  • atmercyofdol
    07-15 11:10 PM
    First, that all you hatred spewing folks need to understand is that this article is not about illegal immigration. Its about legal immigrants who are having a tough time. If you equate legal immigration with minimum wages workers, all the pro-legal immigration arguments would be lost on you.

    All those talking about how the government should instead spend on educating the citizens better need to understand that this would not happen even if the government willed it, coz of the citizens of this country, who have had things a tad too easy for them for years now. They did not have to go through what their ancestors had to.

    Your basic elementary education system is broken (and I am not talking about your institutions for higher learning). Its simply not demanding enough. It does not believe in burdening the students. Back where I come from, we don�t get spring breaks, fall breaks, winter or summer breaks. The only vacation we get is about 3 to 4 weeks long, and during which, the schools make sure we have enough assignments to keep us busy. And classes are on 6 days a week from 7 AM to 1 PM, after which you would have to spend a minimum of 2 hours completing all the assignments. Missing an assigment would mean having to hear from the teachers bamboo canes. Punishments are meted out by teachers, as well as parents. We subscribe to �Spare the rod, spoil the child� theory. While you would be learning about multiplication tables in fifth grade, we would be learning trignometry and integrals and derivatives. We don�t get graded. We get ranked as per our scores, and theres always tough competition among the students, starting early as first grade to be the top rank holder in the class and school. While you all are busy playing with your latest gizmos, or posting comments on the internet as to why Paris Hilton should not be in jail, or arguing about why Barry Bonds does not deserve his soon-to-be record, students back home in Asia are burning the midnight oil to be among the top rank holders so that they can get admitted into the higly regarded institutions. It�s the merit holders who are looked upon as heroes, and not the dimwit quarterbacks, or bone-headed cheerleaders.

    Until you see the same happening across American schools and homes, better skilled and educated workers would continue to enroll into American universities for their Masters, PhDs, and avail of the job opportunities here, and live the American Dream, and work towards being an ideal citizen of this great democracy that is truly a beacon of freedom for the world.





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  • abhijitp
    11-20 03:36 PM
    Considering the fact that the Congress may not pass any legislation to give a relief to the current employment-based immigration system until 2009 after the national election is over, we indeed do not see any light at the end of tunnel. People will just have to learn survival tactics for the long journey, overcoming any potential obstacles that can develop along the way.

    Source: www.immigration-law.com

    This is not a fact, because the game is not over!
    Act now and join your state chapter, contribute, volunteer, meet your lawmakers, make this your campaign. Don't take things lying down!



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  • centaur
    02-07 06:50 PM
    Exactly. I think its always better to bear all the legal cost yourself than to have employer do it. Lawyers know who is signing the check and who can fire them. It's worth the cost in the longer run. You might be able to get the cost re-imbursed, but as far as lawyer is concerned , you sign the check.

    That is an employee retention scheme created by your employer in order to stop you from quitting and joining a better company and taking that priority date with you. This way, you will stick with them and keep working on their terms with little or no power to negotiate better pay. The lawyer is following the orders of your employer who is squeezing you.

    Let me make wiiillllddd guess here....

    You work for a desi employer. Dont you?

    If the answer is yes, then you should not be surprised. They do this all the time. You are not the only victim of "X belongs to employer" where X is H1 approval notice, or labor approval notice or 140 approval notice. Take your pick.

    The reality is, yes, the petition and its approval belongs to them, but it doesnt mean that they cannot give you a xerox copy of approval letter. And if you obtain the xerox or original of the approval letter (h1, labor or 140) that doesnt make you the owner of the petition.

    Take an example. I own a car. However, I give photo-copies of the title of my car to you. Do you become the owner of the car? No. Exactly the same thing. By giving you a xerox copy of 140 approval, you dont become they owner of that 140. And they know that. But still the immigration lawyers (who are basically the pimps of exploiting employers in 99% cases) will peddle this nonsense and they have done it for so long that it has now become conventional wisdom that "X petition belongs to employers and it property of employer so they cannot give originals or photocopies of that X approval letter".

    However, by peddling this BS that "X belongs to employer", they get away by not giving you a xerox copy that doesnt give your ownership of that petition but gives you ability to either change jobs or to retain priority dates and switch jobs more easily.

    Please refuse to accept this conventional wisdom that really runs in contradiction to common sense.





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  • GCPagla
    02-08 12:38 PM
    My I 140 is approved in 2008 and yes, I have the I 140 approval with me. Moreover, I was laid off by my original filer and they had promised me that they would never revoke my I 140. Also my the then orignal filer company's immigration lawyer is my current personal lawyer handling my case. It has been 2 years since I left my original filer company and no issue whatsoever. So I guess I should not have any issue from the I 140 basis.

    My only query is about NOID. If I get that my new employer said that it would support me by giving me a employment verification letter. Also I would have my pay stubs with me. My only question is do the new employer need to spell in the supporting letter that they "support my petetion"? I guess they might not do that.





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  • vagish
    05-05 01:14 AM
    Basic problem is immigration numbers. If they give 12 million immigrants to green card then they will bring multiples of millions by marriage and family based immigration. That is the main reason for making illegal immigrants to wait years and cut down the family based immigration. That is good reason for Bush to get some more republican support. But Kennedy and other hardcore democrats does not want to consider the restriction in family based immigration. It is going to be tough decision.

    In case of legal immigration meaningful debate was not done. Though everyone accepts the skil bill but the current form is going to be changed when they serious about passing it. Right now they accepted all the proposals of Corporation and pro immigrants in the skill bill as they know it is going to be changed.Here also immigration numbers matter. For them passing skil bill with Durbin bill to put restrictions so that it can satisfy both immigrants and anti immigrants.

    Even if Durbin bill passed the impact is going to be minimal for current GC waiters. Because if skil bill is passed then everyone's PD will become current and they can file 485 and get EAD. But Durbin bill is going to be bad for future H1b aspirants. But I bet still cap is going to be reached even Durbin bill is introduced as our Indian skilled persons will overcome the conditions and survive.
    the numbers are going to come down drastically, if at all it comes to final negotiations, there is no way people are going to support these numbers. but
    big question is whether they are going to even come to the table for negitiations.

    thanks





    shanti
    07-28 03:37 PM
    My question was replied in a very clear way by Sonal L. Mehta Verma and I (because of my lack of knowledge) still have some doubts.

    My situation in a nutshell is: I am about to start my 7th year H-1B, my 45 day letter EB3 RIR was replied three months ago and I want to use EB2 because in worldwide is current so that I could file I-485 not too long after filing for PERM EB2.

    Now EB3' I-485s are being accepted for PDs of Oct 2001 so with my PD of Feb 2005 I expect my I-485 to be filed end of 2009/ or start of 2010. I am decided to refile EB2 so my question at the Conference call was, (in case my employer is ready to spend time with the newspaper ads and filling the forms) if it was convenient to refile paralelly to my EB3 process another EB2 PERM or it was better to wait that I-140 is filed and approved and then restart with PERM EB2. The answer was that I should first get my Labor approved (EB3 Dallas BEC) then apply for I-140 and after I-140 is approved (and while I wait forever for the I-485 turn) to file at this point for EB2 PERM with a new labor and once it is approved I file for a new I-140 recapturing my PD of Feb 2005.

    Now comes what I do not know about the process, when do I ask to recapture my PD of Feb 2005? The moment I file the second I-140? (at that time I plan to file concurrently I-485) or do I mention that at the I-485 filing? or do I mention taht while filing labor certificate under PERM EB2?

    My immigration lawyer says that he filed EB3 because my position didn't require extensive experience but since I was promoted this year to a managerial position he says that now it fits BUT I cannot recapture the EB3 original priority date with the new EB2 PERM because my position description has changed! He explained that it is not possible to recapture a priority date for a different position which requires more years of experience when the original priority date required less experience and wasn't managerial (is this true? :rolleyes: )





    Shenner
    06-04 06:30 PM
    You should try to see which visa is best for him to come with and can be obtained quickly.

    If he has a bachelor's degree, H-1B visas are still avaialble and you can expedite this and have him here on October 1, 2009 if his job will wait for him

    Other options may be a training visa (h3); a J-1 Cultural Exchange Visa; or other visas. The issue with anything other than an H-1B (or L1 or O1) is the immigrant intent issue. They may give him a bit of trouble at any Consulate knowing he is married to a US citizen. They will think or presume that he will not come back to Canada after coming to the US and may not want to issue him a visa.

    Here is an option; being that he is Canadian citizen, maybe a TN visa may work for him? Painless and easy. You would need to see if his job description falls on list of TN categories.

    The R-1 is an option, but it may or may not be approved by August. The USCIS is also very difficult in this category and may ask him lots of questions. Even if visa is granted, once he goes to pick up at Consulate in Tel Aviv or elsewhere, the question may arise about him being married to a USC again, and he may not get the visa stamp.

    If you file the I-130 for him now, he would not get the K-3 visa for about 8 months or so. So this is a long wait for you both.

    Once he is here, since you are married, yes, you can file for adjustment of status and I-130 for him.

    The issue will be however, how to get him here legally. With the TN he will not have to apply for an actual visa at a Consulate so the questions about his marriage may not even come up. Then later, after he comes on the TN, if you decide here is where you want to live, you can file for him and you to both remain here and he would be able to file for adjustment of status in the US.

    Hope this helps you!



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