Friday, July 1, 2011

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  • hemya
    02-12 02:25 PM
    Please ask your lawyer whether the H1 is being filed as " change of status" or "consular processing". If it is consular processing then she will have to go and get the stamping done. As per my knowledge if H1 is rejected she can still enter on H4 since it is still valid. I assume the H1 petition will be filed on 1st April. If she enters after that date then most probably it will have to be consular processing

    However please check with your lawyer since the above is only my understanding

    Good luck





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  • tinamatthew
    07-20 11:55 PM
    I value the contribution of IV a lot, but saying that you will get an answer only if you contribute is lame.. This is a public forum and all contributions are voluntary. Your answer degrades the noble cause of IV. :rolleyes: :rolleyes:

    Good answer Loudobbs!! janilsal pls refrain from making such announcements - it is not nice





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  • redmd567
    12-06 08:34 PM
    Hello,
    I've been working on EAD for about 4 years now as priority dates are backed up a lot. My I-140 has been approved in 2007 and still waiting on I-485 to get approved. My current employer is not my original sponsor. I changed jobs after the "180 days post I-485 receipt" policy. Now, I'm interested to accept an offer (similar job) in another state. How will this affect my I-485 if I'm changing employers for the 3rd time and this time, at another state?

    Thank you very much.





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  • ssdtm
    11-20 11:00 AM
    - If I get a new H1 sponsored (NOT a transfer of existing H1) and join a new company in a totally different job family (New H1 is not an issue because it is from a H1 cap exempt organization)

    AND

    - Also maintain the current H1 (I will continue part time work here to get minimum wage)
    - Will continue my GC process with this co


    I know this is possible but I want to know if there are any potential issues here that can jeopardize my current GC process. I am willing to do this only if my current GC process is not hurt in any way.



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  • krishna_brc
    03-11 05:49 PM
    Hi,

    I was working with company# A as Electronics Engineer from Dec ’03 to Jan ’07 on H1B visa, Company# A filed my GC in May ’05 (as Electronic Engineers (Except Computer), 172072.), then later I got very good opportunity in IT field, I quite Company# A and joined Company #B because I build very good relation with Company #A and there were ready to continue my GC file. In August ’07, I filed I-485 (I got EAD based on pending I-485). Now Company #B giving me lay-off, so my question is –

    Company# A still want to hire me after I got GC (because they were very happy with me, right now they don’t have position to hire me back), In this case can I continue working in IT field on EAD status (right now I am on H1B). My current (IT) and Labor profile are both different.

    Thanks for your time.

    I don't think so.
    Your GC is sponsored by company A for "Electronics Engineer"
    Your new job in IT would be neither 'Same' nor 'Similar' to the GC job.
    So you cant use EAD to work invoking AC21.

    You can find new employer who can sponsor H1 though and work in IT.

    Thanks,
    Krishna





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  • fionaapple20
    11-27 01:05 PM
    Hello, I have read about the 485 180 days rule and how one can use AC21 after 180 days have elapsed. But if one loses their job a 2 mths before the 180 days are over, is there a possibility of continuing the 485?

    - Can one be unemployed and just wait out the 180 days before invoking AC21?
    - Can one transfer to another employer on H1 (but let USCIS know after 180 days have elapsed)?



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  • indianabacklog
    02-13 03:11 PM
    I recently started work with a new employer using my EAD. I have a pending RFE on my 485 which I have to respond to in a couple of weeks. However, today I noticed that my 485 got a soft LUD of the day following the day I started with my new employer. My new employer uses eVerify but I didnt expect that it could be linked with a pending 485. Maybe I am wrong but I see no reason for the USCIS to touch my 485 until I have responded to the RFE.

    Has anyone else noticed something similar when you started with a new employer using eVerify?

    E Verify is a system operated by the social security administration, not the Department of Homeland Security. Cannot imagine your LUD and E verify can be remotely related. Just a coincidence. Relax enjoy your new job and let the I 485 process roll along as it will.





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  • learning01
    04-13 09:42 PM
    It is a sophisticated game and the stakes are huge. I am reminded of a game in a James Bond movie, in which 007 Roger Moore plays against a villain in a high tech game. Imagine something like that but a thousand times more intense. The existing immigration policy from 1965 is crafted by none other than Sen.Ted Kennedy; yes, the present MA Senator. I have high hopes that he and the Dems will also get it right this time on Apr 24th.

    I personally suspect the present day republicans except President G.W.Bush. If a CIL passes, the republicans are to gain more and Americans will gain the most. Period.
    These attitudes of self doesn't affect me in my objective and scientific thinking and analysis of issues and my posts, which are done on a case by case basis.
    ***** vs. *****. Politics is really nasty.



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  • ramhs
    02-19 09:01 PM
    I know the quota of h1b for 2007 applications start april 1st but is it possible to mail to INS before , or should the applications be postmarked april1st ?
    Thanks





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  • Onesimus
    02-26 02:20 AM
    @NyteStarNyne & Kirupa : Thanks :)



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  • va_dude
    09-24 04:20 PM
    The choice is pretty clear - apply for your GC (labor).

    That way atleast you are in the system and have a PD.

    Later on you might have some options to switch from Eb3 to Eb2 with the same or a different employer. Also if uscis manages to clear most of the backlog by end of 2010, then your wait won't be as bad as it has been for folks waiting since 2003.

    And maybe even the possibility of a CIR bill next year will speed things up for you.

    So the way i see it, things really cannot get any worse for you. So just apply.





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  • pappu
    06-15 03:52 PM
    Everyone:

    This was a GREAT week for all of us. Past three days have changed our discussion topics and we're now more concerned about doctor appointments and certificates. That is a good thing to talk about indeed. But lets not forget this battle goes on and we all need to be together in this journey. No one knows where one will be stuck!! So please continue working with IV agenda and contribute in anyways possible.

    New members, please contribute considering the help you're getting from this IV forum. Remember IV needs money to support all of us. We're using so much IV resource and its our duty that we must suport IV.

    Thanks IV.
    Thanks.
    Yes this is very important for us to continue our work. Let us continue to support IV in good times and bad times and stay united.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44



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  • 485_spouse
    06-07 01:09 PM
    Ignore my question, found answer on following link
    USCIS E-Filing Forms Concurrently (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=714e194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)

    Helpful Hints
    Paying for Concurrently E-Filed Applications � You must pay the fees for ALL concurrently E-Filed applications by a single payment method (e.g., credit card or bank account transfer) at the time of submission. Each form�s fee will appear as a separate line item on your credit card or bank statement.


    Attempting to Attach Applications After Submission � After you have certified and paid for your application(s), you cannot attach another application to that submission. If you submit another E-Filing application, it will be treated as a separate application filing.


    Submitting Supporting Documentation � Supporting Documentation for all concurrently E-Filed applications must be submitted as a single package to the same USCIS processing location identified on the Confirmation Receipt notice.
    - If you E-File Form I-907 by itself or concurrently with any other application, please see the list of Special Mailing Addresses.





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  • engineer
    12-11 08:13 PM
    See below for introduction to Immigrationvoice.
    http://immigrationvoice.org/forum/showthread.php?t=16034

    Many provisions which will help all of us have chance to get into OMNIBUS bill in Senate between now and Feb. Read more about OMNIBUS bill at http://immigrationvoice.org/forum/showthread.php?t=15745

    For this IV urgently needs close to 30k for lobbying efforts. We have collected 27k so far.

    I am coordinating campaign for WI. Please see action item below and I will really appreciate your support and prompt response.

    Three immediate Action items:
    1. Contribute now even 25$ would do.
    See http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44

    2. Be part of IV: To get, inside updates, share what you want us to do, please become member of WI State Chapter of IV. Send me your non-ge email.

    3. Reach out: Send this message to atleast 5 people (and cc me) who are facing Green Card delays and have them talk to me directly.

    I understand everyone can not go out and protest and meet Congressman/ woman/ Senators but I am certain that these 3 action items can be done very easily.

    thanks,



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  • RollingStone12
    04-25 10:57 PM
    hi, first, I'm not trolling. I have a genuine question and I'm looking for answers seriously. I got laid off in 2009 while on a h1b and then for one reason or another, stayed back for 8 months. My understanding was that I could have gotten a new job within 6 months and then switched over my h1b. I was foolish. My I-94 on the h1b approval letter however had an expiration date of October 2011. By the time 8 months had gone by, I decided it was time to give up hope and return to my country.

    Since I've been here, my parents have started a campaign to get me a bride. Arranged marriages are part of my culture, and people marry based on how good a match it is according to one's birthchart. If I do find a USC who is willng too marry me, will it help me in any way immigration wise? Or will my 8 months out of status stay in USA chase me for the rest of my life?

    Already I have answered your question. the onus is on you to prove that you are not marrying for GC or USC and your marriage is genuine. If the US consulate or USCIS becomes suspicious..they wont give your any chance...no matter what. There are cases where one married to the USC and have US born kids...still not able to get the GC and facing deportation and spending good amount time with attorney and immigration court.





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  • grupak
    06-16 09:46 PM
    Hi All,
    I have my EB2 485 pending (since July, 2007). I have EAD based on that filing. I am also on H1B - so I am not using EAD. But my wife intends to use EAD (based on our current EB2 based 485 filing) from coming August.

    In the meanwhile I have got my EB1 140 approved. My question is if we file for 485 based on EB1 petition, do we lose our current EAD till a new EAD is issued under new filing? Are there ways to ensure that my wife continues with her employment and I move ahead with 485 filing?

    Thanks for help.

    Explore interfiling... no personal experience ... but the idea is that they use the same I-485 but interchange the underlying I-140. Seems like there is no special form for this but to just write to USCIS with evidence for the new approved EB1 I-140.



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  • anurakt
    01-18 12:12 PM
    Thanks ! Bumping as a reminder.





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  • nixstor
    03-12 03:10 PM
    At last my labor is approved and I was to planning to file my 140 under PP. How ever, I am reconsidering the thought as my wife is on H4 and she is being hired on a H1B from Oct1st. If my 140 is filed under PP and approved, her H1 is approved by June/July Can I transfer my H1 to another company to port my PD? What happens to my wife's H4? I am under the impression that she needs to file an extension as well along with me. This will have her H4 approved after H1 and she will need to re validate her H1 status by going out of the country.

    Is it possible that my new employer request my H1 transfer and we chose not to request my wife's extension along with mine if she has 2+ years left from the extension we received based on my previous extension? If we have to file for her extension when I transfer (which I think) PP is of no use as Oct 1st 07 is 6+ months away.

    Thanks





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  • smdfarooq
    06-01 02:20 PM
    Dear Friends,

    I am some one might have gone through this situation. I tried to look for old post but couldn't find it.. Anyways

    I have an Advance payrol, I went for Stamping at Chennai US counslate. They sent for Name check verification(Security Clearence). I have been living in US since 2000 and travelled back and forth many times and got visa stamped many times and they kept my passport and upon mailing they will send my passport.

    My question is Can I use Advance Payrol while my H1B stamping case is sent for Name verification(security Clearence)..Please let me know any one has use AP in this case

    Your response would be highly appritated

    Thanks
    Farooq





    alien2006
    07-14 01:25 PM
    I thought that the ideal time would be before applying for I485, and thus the dependant spouse would automatically get a gc with which ever spouse got the gc first. So I would think that both applying and getting married before either I485 is submitted, and who ever gets gc first their dependant spouse gets it too.

    If the I485 is already filed I don't know if it can be amended.

    I'm no attorney so you need to throughly research this.

    This is true if you are applyinf through employer based. But our guy is applying through family based and he marrying before getting his GC could push him to the next category and a wait of several years.





    silverfishy
    05-06 05:27 PM
    Folks:
    Need advice on my birth certificate matter.

    I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
    My father's name and mother's name is not spelt exactly the same as in my passport.

    Example:
    my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
    my mother's name has only her first name and not her full name. aaaaa

    My passport has thier correct full names.

    What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?

    OR am I preparing for no reason?

    Thanks for all your help,

    Silverfishy



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