Tuesday, June 21, 2011

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  • sidbee
    10-27 04:50 PM
    What are the dates you are travelling. Could you give that Agent's #. May be I can give your referral too.

    That was 1-2 years ago.





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  • fide_champ
    09-16 12:09 PM
    I have received a very good job offer and am considering whether to accept it. The salary offered is 15% more than what I am currently making with much better overall benefits. I will have to relocate to a different state. My GC has not been approved yet and I'll be using AC21. The new job is in the same area as my current job. Both my current employer and the new employer are Fortune 100 firms.

    I am in a dilemma because my PD is EB2 India Feb 02, 2005. It seems to be very close to being current right now :o .. My I140 was approved in Nov 2007 and I485 was filed in Aug 2007. I think that my current employer might revoke the I140 if I decide to leave.

    Let me know your thoughts.

    If i were in your position, i would wait for my green card as it is very close. You don't want to go through the hassles of MTR just in case your I485 gets denied. Get your GC and your opportunities might be greater than what you have now. Don't be stupid enough to get into problems.





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  • pointlesswait
    01-09 05:03 PM
    1) you may not be able to recapture your old PD.. as the job /field of work are different.so when u restart ur GC.. u get a new PD.....recapture is possible only if the new job is same as the previous job for which u have a LC/140 approved. (am i not right?)..

    i dont know how many years of H1 you still have.. if you had couple of years left.. you should have maintained ur h1 in status.





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  • h1bnogc
    08-29 10:26 AM
    The reason I am asking is that my lawyer is telling me that since the I-797 is valid till Apr 2008, I cannot file for I-797 extension. However, since the I-94 is valid only till Sept 2007, I have to file an "extension for I-94" till Apr 2008. Come Apr 2008 and I will have to file for my 3 year extension again.

    I thought its a good idea to get some info from you guys and if there is a link that confirms I can file for 3 year extension based on my I-94 (which was given later than I-797), even though my I-797 is valid for a year, it would be a great help. May be the lawyer is trying to milk me two times ....

    Please give me any web link you know of to say that I-797 extension can be filed even if more time is left on I-797 IF I-94 is valid only for 6 more months or less. ( Given that I-94 is newer than I-797 )

    Thanks to everyone.

    Please let us know what you end-up doing?



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  • rex
    07-27 03:48 PM
    It is good news only if you can file before fee increase. I was one of those who dint send it in with 485 previously becos lawyer suggested it might slow down our sending in of 485. I was confused till now if I should send it in now without proper uscis notice.
    Some people seem to suggest that EAD/AP will continue to have old fees till 17th AUG. I still dont see it written anywhere. USCIS website clearly says the new fees applies from July 30th.
    Assuming we dont have the paperwork all ready to go in the next few hours, ability to apply online for EAD/AP might help people get their application in thru the weekend.
    Can anyone shed light on weather we can as EB3 applicant and spouse file EAD/AP online??? again mixed opinions there also.
    Thanks





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  • rajenk
    10-10 04:05 PM
    Section 240(e) or 205 talks about misrepresentation or fraud in the application. Revoking by a former employer does not invalidate your PD, that is the fact. As I said earlier if USCIS revokes it due to fraud or misrepresentation then is the trouble.

    Are you in H1B? If so make sure you have at least 2+ years before renewal. That will give you ample time to file for labor and I-140 by your new employer. If it is nearing, it is better to stay with your current employer and get the H1B renewed and transfer the new H1B to your new employer.

    Even after you quit the I-140 revoking does not have any effect. Don't assume yourself that your employer is going to revoke. Most of them don't know if that is a process that is standard to do when a GC sponsored employee leaves the company. Revoking I-140 is not mandated by law. Employers are obliged to withdraw H1B after the employee leaves, but not the I-140. Think positive and don't even talk about this revoking to ANY (including your colleague) one in your office!

    I will reply to your other PM.



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  • Dhundhun
    08-03 09:36 PM
    Hi
    My PD is Dec 05 EB2-I. 485 RD 07/02/07. Till now I haven't received my FP notice along with my wife.
    My Approved AP, EAD are about to expire and I have applied for their extension.
    I have opened 1 SR, 1 Infopass appointment and no help for FP.
    My NC and Background check has been cleared.

    What are my chances of getting GC in August. Am I going to considered or blunt no as I never gave my FP.

    Appreciate your thoughts.

    As I understand USCIS (priority date) memo for Aug, they are considering only approvable cases - I mean every thing is done and waiting only for Visa Numbers. Since FP not done - probably not in Aug and Sep this year.

    Sorry about this post, but I thought better to be clear. Hope that someone else throws more light in it.





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  • Vsach
    01-19 04:39 PM
    We shall be mailing the letters to the President with a copy to IV.

    Come on members let's all make effort...i:)


    This information cannot be confirmed at this time. There is no internal memo or information to prove that that it maybe true. Even if this is suspended, it maybe because USCIS does not have enough resources at this time. It seems they are getting lot of pressure to clear the naturalization case backlog. There was a recent hearing on this topic.

    EB immigrant applications have not generated enough pressure on USCIS to adjudicate cases faster. If people think this EB immigration backlogs are important for the administration to clear, they need to send letters in several thousands and not in hundreds.

    Pre-adjudication does will not really have much difference in the current situation. If dates do not move forward, it will be of no use. Even if the cases are pre-adjudicated now, and dates move forward several months from now, there is still a chance of an RFE or an interview. USCIS can issue an RFE for current employment.



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  • gc_dream07
    01-04 05:23 PM
    Dummgelauft:

    It looks like you did not read the full story. The RN did had EAD/AP for herself and her husband. The officer charged so many things which looks so stupid like student visa for kids, smuggling of your own vehicle etc.

    It sounds very scary to me.


    Okay, let us break this down:

    (1) ONE family got detained, that we know of.
    (2) The immigration officer was rude/arrogant/racist/un-knowlegeable etc etc...

    Now, coming to the next step...

    (1) How many of us live or frequently transit through such "check points"?
    (2) If you do anticipate to be in the above situation, how hard is it to keep copies of your I-485 Receipt Notices, I-140 Approval Notices, I-94 cards, first few pages of your passport, and maybe an employer's letter in the glove compartment of your vehcle(s)? An EAD card is very easy to carry in your wallet/purse.
    (3) Have your Attroney's number (his personal line or cellphone, if possible), in your cellphone.

    This is really a non-issue. We have much bigger fish to fry....

    On the same token, I remember the good old days, when we would cross in to Canada, and back, with ONLY a VALID licence......the CBP on US side and Canada Customs never bothered us...a License and university ID was all that we needed....





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  • sheela
    07-14 07:31 PM
    In some other thread I had mentioned that one of my acquaintances from EB2, India with a PD of July 2005 also got his approved last week!


    It is worth noting that before the DoS issued the bulletin update on July 2nd, it issued visa numbers to all approvable "documentarily qualified" - in other words pre-adjudicated petitions. As all PD's were current in July, this happened on July 1 and early morning before the revision of EB visa availabilty irrespective of whether they were from retrogressed countries or EB1/2/3.

    Remember they "updated" the July Bulletin as soon as all EB numbers were allocated. It should not be assumed that they stopped requested visa #'s on June 30th.

    My educated guess: Although visa numbers for FY 2007 were made available -There are large no. of aos piled (including July 2007 applications, ofcourse) and these will be processed as and when visa #s for 2008 fy are available (may be beginning 2008 FY quota begining Oct 07). They will honor and entertain aos filed /received till july 31st. -no body will like it but- they may come up with aug VB showing most catagories U



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  • mani_r1
    06-19 03:59 PM
    2 ways to "utilize".

    1.) Update or provide new I-9 form to employer with EAD deatails.
    2.) At Port of Entry, flash the card ! so the PoE officer will
    void your H1-B and your spouse's if on H4

    any other ?

    Hi,

    Question on the same line. Say I am the primary applicant and my wife applies for her 485 as dependant. We both get our EADs. Can she start working on EAD without me(Primary applicant) switching to EAD? Or does it mean that once she start working on EAD, the primary (me) automatically get switched to EAD and my H1B Automatically invalidates?

    Thanks in advance





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  • obviously
    08-06 01:46 PM
    If parents that are in an EB queue have a US born child = US Citizen, can the child sponsor a Green Card on behalf of the parents and get them the GC?

    ???? Just a thought... there could be a legal loophole allowing this... I dont see any language that talks about the age of the US Citizen...

    Hmmm....



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  • sc3
    08-28 12:48 PM
    Hey,

    I learnt that even after getting GC approved, one should still need to stay with similar kind of job. I read the content on murthys chatting session where the attorney has explained that GC is all about future job and that the GC holder needs to stay with the similar kind of jobs. So, if the GC holder changes his job to a new job with different job duties his GC approval could be revoked during naturalization process. If this correct, what great benefit one would get, besides eligibility to more jobs and easy travel abroad?:mad::mad:
    I guess we do not enjoy freedom until we get citizenship.this might take another ten years:eek::eek:

    Well, you need to work with the employer for some time. It is not that you see the approval mail, and send your resignation to your HR. You need to, conservatively, stay with your employer for around 6 months to a year before moving on. Then again, if you plan your change of job before you get your GC, you are getting your GC on a fraudulent basis.





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  • Libra
    09-24 01:58 PM
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  • akhilmahajan
    04-05 10:34 AM
    Thanks a lot for all the information about holding multiple h-1B's.

    First of all there is no point working illegaly, because its not worth it.

    Opening an company can be one option, but i dont know much about it.

    about the contract, my employer does not have anything like that, So i am not going to worry about it.

    I am going to say one thing, after all the different inputs i got from you guys, i think i need to give it a thought.

    Thanks a lot.

    One more thing, even if i get multiple H-1B's, what effect will it have on my GC which is in process with my current employer.

    Can you please give your thoughts on that?

    Regards





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  • laborfd
    08-14 09:54 AM
    Lisap is from Canada, It must have been current for Canada even in June. I am not sure though. Attorney might be right.

    June visa bulletin had priority date of 01 June 2005 for Rest of the world and Lisap prioridy date is of July 2006, so lawyer is definately wrong.



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  • morchu
    08-05 12:24 PM
    180 days is for using AC21. You dont have eligibility for AC21 before your I-485 is pending for 180 days.

    Think of situation below:

    The dates became current before 180 days, and lucky/unlucky your GC is adjudicating, and got an interview. If you quit your employer or more importantly your employer dont have the intend to employ you at that time or even worse.... your GC employer closed operations, your GC is not approvable.


    Do you need to continue with your current job for 180+ days after filing I-485? USCIS says, “No”.

    USCIS Interoffice Mem HPQPRD 70/6.2.8-P dated Dec. 27, 2005 as a guidance to Adjudicators, answers several questions. One of them is:

    Q10: Should service centers or district officers deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis of adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate.

    This translates to:

    (i) I-140 and I-485 have nothing to do with your current job. They are for future prospective job on your getting our GC
    (ii) At the time of filing I-485, sponsoring employer should have genuine intent to hire you, and you should have genuine intent to work for the sponsoring employer on getting your GC. What happens until then (who and in what position you work for, etc. etc.) has nothing to do with it.
    (iii) Filing I-140 by an employer is sufficient proof of intent of employing you
    (iv) There is nothing to suggest that you need to inform USCIS of you job change, as your case with USCIS has nothing to do with your current job. You only need to inform about change of address. Any RFE to sponsoring employer should, however, confirm intent of employing you on your getting GC (no matter what you currently do)
    (v) Then what is 180 days for? After 180 days of your filing I-485, you or your sponsoring employer need not confirm their original intent.
    (vi) Do you need to work for sponsoring soon after you get your GC? You need to have an intent to do that, when you filed your I-485, and following 180 days. Just do nothing which will counter this intent.

    I am not a Legal, but expert Legals may want to comment.





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  • jonty_11
    01-04 10:58 AM
    Problem remains..>The Study at Duke done by an Indian. While everyone knows its true that indians are significant contributors, there is very less recognition from people other than Indians. Call it racism or anything....but that will change sooner or later.





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  • sheela
    07-18 10:31 AM
    It could be the other way around. The new people try to look it up and they may come across the new guidelines. They may actually prove better than the old guys who assume they are the gurus in Immigration and they dont have to look anything up.

    I believe this will have positive effect as the intentions are clearly to 'approve' as many as they can within limits. Being paranoid and question every move of the agency is not in right sipirits.





    gc_chahiye
    01-18 06:31 PM
    My previous desi employer is not sending me the W2. I don't think he likes me after I left him :)

    How do I file taxes? Can I get a copy of W2 from IRS?

    http://www.irs.gov/taxtopics/tc154.html

    Topic 154 - Forms W-2 and Form 1099�R (What to Do if Not Received)

    If you do not receive your Form W-2, Form 1099-R, Form 1099-INT, or Form 1099-MISC by January 31st , or your information is incorrect, contact your employer/payer.

    If you do not receive the missing or corrected form by February 15th from your employer/payer, you may call the IRS at 1-800-829-1040 for assistance. You must provide your name, address (including zip code), phone number, Social Security Number, dates of employment, your employer/payer's name, address (including zip code), and phone number. The IRS will contact the employer/payer for you and request the missing form. IRS will also send you a Form 4852 (PDF), Substitute for Form W-2 or Form 1099-R.

    If you do not receive the missing form in sufficient time to file your tax return timely, you may use the Form 4852. If you receive the missing or corrected Form W-2 or Form 1099 after you file your return and a correction is needed, use Form 1040X (PDF), Amended U.S. Individual Income Tax Return. Refer to Topic 308, Amended Returns, for additional information.





    rockstart
    05-14 07:06 PM
    I was always under impression that everything gets reset when you leave the country and come back and CIS just checks from your Last entry. Can some one please enlighten me if I am wrong.



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