Monday, June 27, 2011

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  • reddymjm
    05-16 01:53 PM
    Sent an email to 20 of my friends @ work to that and following up with them.





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  • zexunzhou
    09-17 12:54 PM
    do not know what to do yet.





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  • joshraj
    10-03 11:46 AM
    Starting the thread for tracking the receipt notices recd by applicants for applications recd by the center on July 27 2007. Please update the thread with receipt dates, issued center. Also highlight if your I-140 is approved or pending with the center name





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  • mrajatish
    05-25 08:52 AM
    Jazzy2, please talk to staff if you can - they like personal interaction. Best of luck. Called Sen. Graham, and Sen. Alexandar. Also, call the business friendly repubs and immi friendly democrats more. Called patty murray, maria cantell, Harry reid, Sen Lieberman, Sen. Salazar, Mccain, Cornyn, Martinez, Obama, Leahy.



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  • gotgc?
    02-04 09:52 AM
    My wife was allowed to travel on BA when she went from US to India. But when we were returning to US, the ticketing agent in India would not issue bording pass because Canadian PR can only be used if you are travelling to Canada and NOT to USA. The ticketing manager even called someone in London Airport to get the confirmation and after that they just denied my request even after showing the document that says Canada PR issues after Apr 2005 does not require transit visa.

    I would say, get the visa to be on the safeside so that there will not be any troubles in the last minute.

    Thanks deba and kk_kk...for sharing your expereince...based on what you guys say, the cheap deal i get with BA is not worth taking this risk. I am giving up on London transit..i will take Lufthansa or pacific route....thanks a lot again....





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  • gapala
    12-16 10:43 AM
    Please provide more info.

    I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.

    I am kind of confused as to what you have said. Did your boss fired you or you yourself left the company? I do see both the statements in your post. Its indeed sad that these employers churn the employees

    If you were fired, Do you have any emails / mail to support the claim that your boss has fired you from the job? If you have them, preserve and will be useful in case he takes you to court.

    Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.

    What are the aligations? If he fired you from the job, thats the end. Am I missing something here? Is there more to the story? Do post the details so that we may try to understand the situation and provide any assistance we possibly can

    1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?

    2...by submitting any paperwork to them can he hamper my proessing?

    3...Do i have anything to scare about?

    4...what should i do now?


    This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.

    What did you ask him which lead to this mess? 6 years is too long a period and a good part of life. I would have quit in few months in such situation :)

    I need help.....please let me know what should i do....please people help me....



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  • Marphad
    03-27 08:47 AM
    AP:

    Earlieir link provided ( http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf) has that info too.

    An alien, however, who entered the United States pursuant to an advance parole document is not �lawfully admitted,� because the parole is not a final act with respect to admission. Thus, reentry based on a parole or advance parole does not start the clock over for the purpose of section 245(k).

    Yes, on AOS you are always in status. Gap in employment should not be an issue on AOS as long as you can produce an EVL.

    Status violations are a problem only when you are on H1B.

    I entered on H1 not AP. Hope this is safe :).





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  • GCwaitforever
    11-06 11:59 AM
    Concurrent H-1Bs are always non-cap.:)



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  • eb3retro
    07-16 01:27 PM
    Thanks Raj. I am sure this will be helpful to many other people here too. Appreciate your time to write it as points.

    The porting of PD is during I-140 filing. So there isn't any day limits as to when you can join the new company. If you leave your current company the only thing that you can carry over is the PD from your approved I-140. So this is what you should do.

    1. Join the new company (the client of your current company)

    2. Have them file labor certification.

    3. Once labor approved while filing new I-140 your attorney need to request port of PD from your previously approved I-140.

    That is all it takes. This is a standard process.

    Make sure to get a legible copy of the approved I-140, not the courtesy copy, you need the actual I-140 approval. On Courtesy copy they clearly say that, using that copy you cannot claim it as a proof of approval/any benefit out of that. So that is important.

    Also get all your experience letters. The new attorney might ask for it at the stage of filing labor itself.

    Hope this clears your hold up.

    PM me if you need further clarification.

    Good luck on your new job.

    -Raj:)





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  • SNLive999
    06-05 06:20 PM
    Can someone please respond to my question. Thanks.



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  • sertasheep
    05-24 01:52 PM
    Great job, Salil. Can you share your experience working with the press? Was it easy getting the newspaper to carry this article, or did you have to pursue this for a long time? The reason I am asking this is, its hard for one to determine what the media will print. They may take one quote from you but might use it in a different context. I came very close to quoting on Seattle Times but stayed put as the reporter wanted my opinion on the "other" current debate that's going on, and she was not willing to carry an article on Legal immigration alone.





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  • meridiani.planum
    06-02 12:13 PM
    Unless I am mistaken, this was true only for non-PERM scenario if you were already employed for the firm that sponsored your GC.

    In the case when your sponsoring employer is the same as the H1B employer, under PERM, you are supposed to be paid no less than 100% of the prevailing wage that is mentioned in your LC at the time the LC is filed.

    Here is a posting I found from a while ago on this..

    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=1621048341

    afaik it still does not matter. As long as the job is a future position, then salary can be anything. PERM made one change in LC wage requirement, and that was to make it >= 100% of the prevailing wage in that area for that position (used to be 95% earlier).



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  • seahawks
    09-23 04:22 PM
    I applied in early August too but haven't received mine yet. I had delayed applying for my AP and current one expired last week, in the meantime it is possible that I may have to visit India since my dad has suddenly been hospitalized. Is there a way to get an Emergency AP?

    Many thanks

    yes, go to the local USCIS office to request an emergency Travel Parole. I haven't done it myself, but when they lost my approved AP in the mail, I tried the route of going to the local USCIS office to get a duplicate one. They said there is nothing they could do and only could issue an emergency one. I expect you will have to provide some supporting documents to show your emergency.

    In my case, we had to apply for fresh AP again and we are still waiting. That was a loss of over 600 dollars and counting. This system is painful!





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  • surge
    02-12 07:17 AM
    Hi everyone.

    i entered usa on j-1 visa. it expired on october 1, 2007. i got married a little before that - in the first week of september.
    in november i filed i-130, i-485 together with AP and EAD. a week ago i received my AP and EAD. as i planned a trip to Europe for 3 weeks to see my parents - my wife consulted a lawyer (a friend of a friend). the lawyer said that i should not leave the country since i have been out of status since october 1st and it is now dangerously close to 6 months and if i leave i can get a 3 year bar and will not be admitted back. my i-130 and i-485 are still pending. my j-1 does not have 2 year rule.

    PS. i did use search and didn't find a similar situation. my wife is freaked and i just wanted to hear second opinion from others.
    will be very grateful.
    thank you.



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  • morchu
    05-21 09:39 PM
    1. No
    2. ??? don't do any amendment. Just file a new eb2-140.
    3. No as long as you leave your EB3-140 as it is.

    Attorneys or Gurus please:

    I have a bit different situation than Raj (rajivkane), so please suggest/answer following queries:

    1. Is it advisable to file amendment I-824 or other (requesting an amended approval notice with retention of earlier priority date) instead of filing a new EB2 I-140 once EB2 Labor will get clear? My 485 is pending with EB3 I-140, where as EB-3 I-140 got approved before filing I-485 in July'2007.

    2. Or it�s compulsory to file new I-140 with EB2 and once I-140 after that amendment.

    3. Will it impact my pending 485 in regards to any of the above cases, which ever is correct?

    Regards,
    Raman





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  • lostinbeta
    10-03 12:03 PM
    I don't use Actions unless I write them myself. Sometimes I don't feel like doing effects over and over so I write the action and use that.

    Styles are great and you can come up with some really nice effects with them.... like in my phio miral wallpaper right eilsoe:)



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  • uma001
    05-24 10:14 AM
    you may get 100 points it does not matter, We are still going to have country caps ...

    How can i get 100 points, i dont have TOEFEL score and no relatives in US.





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  • renupond
    10-04 05:02 PM
    My self and my wife both are on H1B. Both are working for different companies.

    I filled I 485, EAD and AP through my company, for my self and my wife.

    Questions:
    1) I am the primary person. After getting the EAD, Is it possible, If my wife can open a consulting company with her name?

    2) After opening a consulting company on her name, Is it possible, she can leave her H1B employer and run her own paystubs on her own company.



    Your help will be really appreciated. :)





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  • validIV
    06-16 11:09 AM
    Thank you Ms. Martin for your replies, it has been very helpful. As a follow up to hiralal's post, I have a question regarding H-1 status, totally unrelated to the original poster.

    If one has a valid H-1, already extended beyond 6 years and is valid till 2011, has a pending I-485: what happens when that I-485 is denied? Is the H-1 status lost immdeiately as is the EAD/AP situation?





    jasmin45
    08-08 04:49 PM
    Employer not revoking your I-140 itself proves "employer intention" to hire him back on adjudication. You may have intention to work for sponsoring employer but if you are laid off its not in your control, right? Adjudicator always looks by law and there is no law which says if you are laid off within 180 days your I-485 can not be approved.

    There you go now.. You are correct in saying that "laidoff" thing. If you decide to sit at home as you said earlier.. there are chances that you get doomed by IO during 485 adjudication. I already mentioned about employer initiated termination and protection under AC21 in my previous post.

    There's already a thread for "laidoff" related issues.. if you have further questions or suggestions you may drop it in there. why do we have to have several thread for same issues?





    Leo07
    07-21 10:02 AM
    Taking the emotional quotient and any other 'angles' out of the issue. Fragomen is correct and so is your manager.

    If it comes to that, it's not worth the risk for you, your manager and your company to do anything other than what's suggested by your attorney.(Fragomen)

    Normally my wife is the one who is used to post or follow up on the latest here.

    This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.

    Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.

    Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.

    Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.

    One other point the fragomen lawyer said is - this is going to be the case for all thier clients.



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