Friday, June 10, 2011

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  • add78
    03-12 10:48 AM
    Sandeep is a batch mate.. Yeaaa Sandeep !!

    I personally know Sandeep from his BE/Work days.
    Good job.. Yeah!





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  • mohanrajgoyal
    06-02 04:42 PM
    Hi,

    I also went through similar scenario with my WIFE EAD. We didn't receive the receipt notice for her. When we called Texas Service center, CS told us he can't regenerate it again. We got the approval email on Saturday night.

    Filed on April 7, 2008
    Approval Email on May 31, 2008





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  • jsb
    01-08 10:22 AM
    Folks,
    As many of us get ready to use AC21 to switch from current employers, i wanted to get your feed back on a very common contartual obligation.

    ...
    ...
    Now my employer had nothing to do with me getting my clients, i do my own marketing and negotiationas, but of course the employer signs on all the papers. Will i still have to change clients when i switch employer?

    Whatever work related activities you do, including finding new clients, while employed, belongs to the employer (unless you have an agreement to the contrary, which you don't). Therefore, when you leave the employer, as per agreement you have, you can not take those clients with you.





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  • no_more_anger
    02-06 05:46 PM
    > If you are promoted as IT manager having significant overlap of job functions, you should be fine.

    No. That is incorrect. A manager is responsible for managing people (besides other
    duties). That is a totally different job description and different category for labor.

    Some useful info:
    * If you are on H1 and job description changes (like u become a manager), H1
    amendmend MUST be filed.
    * If you are using EAD, then company doesn't need to file anything. If a RFE comes,
    you are required to show proof of job position with job description corresponding to
    that of approved labor. If your company is ready to do that (or u can get that somehow),
    you are good.
    * If you don't follow the rules, you WILL be fine as long as a RFE does not come :-)
    * Lastly, I know people in many companies where for HR purposes they are still a
    developer (or whatever) and for real, they perform totally different job functions (like
    marketing). If your company allows this, then it's an option (not legal, but practiced ).

    Disclaimer: I am not a lawyer.



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  • extra_mint
    01-21 04:49 PM
    even I am aware of the same thing.
    I think u got it right.

    The fact that you are moving to a new employer using your EAD is in essence using the AC-21 portability provision. This new employer will now have to support your AC-21 claim.

    You don't have to do anything further. In case employer A revokes your I-140, then USCIS might send an NOID. This can be easily reversed by sending in your AC-21 documents via the new employer.

    There is no such thing as "continuing your GC process with your old employer" in your case. It is only true if you are working for your new employer using H1-B or other type of a visa, NOT EAD.

    If anyone has doubts about what I said then please correct me.





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  • snathan
    02-25 10:58 AM
    They normally will give time to pack up. Last month one of my friend's colleague got rejected (I also knew her) and they give her 10 days to pack up. She is working for HP and she moved back to India.

    Even if you want to try transfer, you can do but you will have to go out of the country and get stamping and come back. Since you are not in status they wont extend the I-94 rather they will approve the extension.



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  • kc_p21
    06-16 05:58 PM
    Chi_shark for your response.

    According to my lawyer, I can go on vacation (paid or unpaid) during the gap.

    Thanks





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  • ItIsNotFunny
    11-05 05:40 PM
    After july fiasco, uscis and dol are very very cautious, in opening up the gates and calling everyone current. (They dont want another 1-2 million applications being sent).

    It is defintely not going to happen in the near future.....

    So even finding a pattern may not help as its not going to be current for all for EB3 atleast.

    I don't think it will become current for atleast couple of years.



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  • chakdepatte
    03-27 09:09 AM
    Hi Everyone,

    I learnt recently that my parents have started showing early signs of Alzheimers. They have a 10 year multiple visa. For now I have them staying with me and their 1-94 date is coming up next month.

    I wanted to know what options do i have and what would be the repurcursions.
    1. extend thier stay. if so, whats the process.
    2. let them fly back to India. stay for month and revisit for anothe 6 months. any catch or restriction on this.

    Its just that they have no one in india to take care of them and people are cheating on them due to thier medical condition.

    Your opinions and suggestions will be greatly appreciated.

    Thanks





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  • CheckRaise
    10-12 11:28 AM
    If I were you I wont try and get confrontational with the employer HR or attorneys as
    you will need their help in the future. They cant "sell" your approved labor(as in the past), it belongs to you and you only. Your priority date would be the day you filed your labor so that doesnt change. Just keep politely pestering them with case info give then reasonable (or more than reasonable time) before you give up. Sorry I cant be much of help here and no unfortunately cant post any screenshot only the HR and attorney has access to the system. Good luck!

    Thanks for the good words. My patience is wearing thin as this has been going on for since the start of the year and I have seen PERM applications filed later than mine getting approved. My concern has to do more with the employer keeping me in the dark about the outcome and at the time H1 expires just lets me GO citing rejection or audit!! You can call me paranoid as the filing hasnt materialized and me in the 7th year just adds to the distress.



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  • HumHongeKamiyab
    12-17 08:28 AM
    Appreciate your response. Thank you so much.

    There is on Ajay chaudhury in houstan.





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  • prem_goel
    08-16 07:03 PM
    Don't worry Matt_Peru, if you have a fedex confirmation that USCIS has received it then you are good to go. USCIS these days is pushing the H-1b transfer/extension petitions to its extreme. Be prepared to expect a reply from USCIS only near to the 14th/15th day deadline for your petition. It'll take them approximately 2 weeks just to acknowledge your petition, and then your 15 day premium processing timeline will begin. Further, they might issue you a RFE on the 14th day after that. When you reply to the RFE petition, they'll give you a decision only after 14 days or so, not before that.

    Gone are the days when PP H1b petitions used to be processed accurately in a weeks' time. Now even though you'll send the petition by overnight fedex, its upto USCIS's discretion to acknowledge whenever they'd like, and then the premium processing timeline will start.

    I don't mean to discourage you here, but just to let you know of the ground realities as I recently faced with my own PP petition. People using regular processing are even more poorer with the total processing timeframe(including RFE) nearing about 4-5 months. In your case, if you were to get an RFE it'll be 3 months or so, if you don't it'll be about a month or so.



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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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  • vedicman
    01-05 08:20 AM
    New Jersey Sen. Robert Menendez plans to reach out to a South Carolina Republican to craft a bipartisan immigration reform bill in the next Congress.

    But it's not clear that Sen. Lindsey Graham will want to work with the top-ranking Hispanic Democrat on Capitol Hill.

    Graham spokesman Kevin Bishop said last week his boss wants Congress to pass a 10-point plan to boost border security before attempting to overhaul the immigration system.
    Menendez introduced an immigration reform bill just before the Nov. 2 elections that he said takes a middle-of-the-road approach, incorporating ideas that Republicans such as Graham, Sen. Jon Kyl of Arizona and Sen. Orrin Hatch of Utah have presented in the past.

    Menendez said in December that Graham has expressed interest in writing a bipartisan bill.

    "If he is, then what I hope to do is to draft something together that will have some level of bipartisan support," Menendez said. "If that doesn't happen in a reasonable time period, then I'd like to introduce the bill again (in the next Congress) as a foundation to get something moving. If there's nothing to have hearings about, nothing to debate over, you will never move forward."

    But Bishop said Menendez and Graham haven't discussed working on an immigration bill.

    The Menendez proposal, co-sponsored by Sen. Patrick Leahy, D-Vt., would eventually legalize illegal immigrants, improve border security, crack down on employers who hire illegal immigrants and make it easier for legal residents to bring family members to the U.S.

    Graham has a history of working across party lines and often has been the only Republican willing to buck his party to strike political compromises. But that approach may be politically risky now that the GOP has turned more conservative under the influence of the Tea Party movement.

    In 2007, Graham joined Republican Sen. John McCain of Arizona in pushing hard for an immigration reform bill that Menendez helped write. But the measure died in the Senate, with Menendez ultimately voting against it because some of his proposals had been stripped out. The measure never reached the House.

    In 2010, Graham collaborated with another liberal Democratic senator, Chuck Schumer of New York, on an immigration reform plan that called for legalizing about 11 million illegal immigrants and improving border security. The two discussed the proposal with President Barack Obama at the White House.

    But Graham quickly ended that partnership, accusing Democrats of politicizing the issue and citing his opposition to the Democratic health care reform bill.

    Aggressive GOP opposition to Democratic immigration plans was evident during the lame-duck session when Republican senators -- along with some Democrats -- teamed up to kill the DREAM Act, which offered the children of illegal immigrants a path to citizenship if they completed two years of university or military service.

    "Illegal immigration is a nightmare for America," Graham said in a December statement after the DREAM Act died. "Giving a pathway to citizenship without first securing the border is an inducement to encourage more illegal immigration. This is nothing more than a political game by the Democrats to try and drive a wedge between the Hispanic community and Republicans."

    The DREAM Act's failure lessens chances that a broader immigration bill will pass a deeply partisan Congress, Menendez acknowledged.

    "These are . . . children who came to this country through no decision of their own," he said. "They were brought here by their parents. Overwhelmingly, they only know America as their country. . . . If you can't get (the DREAM Act) agreed to, then I think the rest of it will be a lot more hard sledding."

    In April, Arizona enacted the nation's toughest immigration enforcement law, which allows police to detain and question people about their immigration status. The administration is challenging the law in court. Several other states are likely to pass similar legislation.

    In response, Congress approved legislation -- which became law in August -- providing $600 million in emergency funding for 1,000 new Border Patrol agents, 250 new Immigration and Customs Enforcement agents and unmanned Predator drones to patrol the border.
    NJ Sen. Robert Menendez seeks support for immigration reform bill | APP.com | Asbury Park Press (http://www.app.com/article/20110103/NEWS03/110103074/Sen-Menendez-seeks-support-for-immigration-reform-legislation)



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  • yabadaba
    07-09 04:26 PM
    yea.. i did not read ur first post correctly..sorry





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  • jest_1
    08-12 11:04 AM
    What about a scenario like this.. If you had some gaps (less than 180 days), but left and re-entered and then filed your I-485. Would it still be an issue or does 245k cover this scenario ?



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  • nviren
    04-19 02:26 PM
    I don't have the experience.

    But I am planning to go for visa stamping. I was seriously contemplating to go to New Delhi consulate. My district is Mumbai. It would have saved me a logistic step of sending docs to VFS Mumbai in advance, also the appts seemed to be readily available.

    But after going thru the posts at immigrationportal.com forum, I have decided to go to my own district. Don't want to take the risk of that 221g or admin review and run around messing my already tight schedule.

    In your case, you already have an appt. If it is very difficult to reschedule it, you may want to take a chance and go to Mumbai. If you can reschedule it easily and fits your itenarary, do think of going to your own district.

    BTW, if you think that IV is a help in your immigration journey and have not contributed yet, please contribute to the cause. You can find the required details on the homepage.

    Thanks,





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  • gc_aspirant_prasad
    07-13 05:24 PM
    done





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  • jonty_11
    02-06 05:57 PM
    Good advice vamsi_poondla. Changing job is always a problem in I-485 stage. Making this more flexible is one of the administrative fixes IV is proposing in the letter to the President. One more reason for everyone to mail that letter, if not mailed already.
    correct please get to the core problem rather than duscussing the cursory nature of AOS status. We need to get a resolution to our problems. Please post the letters...!!





    ImmigrationAnswerMan
    07-08 10:37 PM
    Anil:

    Yes your company can file an H-1B for you even if you choose to appeal the denial of the L petition.

    You will continue to be in Unlawful Presence while your L appeal is pending. If the appeal is denied and you have accrued more than 180 days of unlawful presence you will not be able to leave and apply for a new visa abroad.

    I cannot answer the questions of whether you should appeal the L or whether you would be eligible for an H-1B without having a full consultation with you and seeing all your documents.





    myan88
    03-29 10:29 PM
    I need help on my 140 filings. My situation is:

    02/2004, applied EB3 LC, pending until 02/2007

    10/2005, applied PERM EB2, LC & 140 approved, but unable to file 485 due to retrogession

    in 02/2007, my EB3 was certified. I asked attorney to file EB3 140 to capture this earlier PD to my EB2 case.

    But the attorney hired by my company refused to file another EB3 140. His reason is: it may be questioned by USCIS to file a EB3 140 after EB2 140 is approved -- my job position is downgraded. And back and forth I will still use EB2 to apply 485, then it may bring the company to a potential fraud issue, blah, blah...

    I know that the company is reluctant to let me get gc quickly, so the attorney found this excuse. I did not find strong proof to refute this excuse.

    Is there any legal proof (like USCIS memo, AILA Liasion meeting minute, etc) to refute this excuse and convince the employer to go ahead to file 140 for me?

    Thanks



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