Friday, June 10, 2011

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  • omiboy
    09-24 11:09 AM
    Thanks once again for the reply.

    When you say I can retain the priority date, how does that work? Do I have to file the PERM again? Isn't the PERM what gives us the priority date? And then will I have to file the I-140 or is it that I need to file the I-140 only?

    Thanks

    Omi.




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  • ita
    04-16 02:09 PM
    I'm looking for EAD,AP paper filing instructions from scratch.While I'm digging these threads
    can some one please direct me to the links for EAD,AP paper filing instruction (Nebraska)on this forum if you can.

    Thank you.




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  • Shenner
    06-04 06:19 PM
    We have been seeing a lot of these as of late. For example, I represent many companies who are actually agents; ie, a staffing agency who places speech therapists or nurses. The USCIS is now seeking to show that the beneficiary is actually on payroll and that the staffing company is in existence and that the location where the beneficiary will work is actually in existence. They have also been asking for copies of the contracts between the staffing agency and the place where the alien will work. Although it seems like they are asking for a lot, it does make sense in light of the immigration laws for H-1bs. A lot of abuse went on in the past in this visa categories espcially with staffing agencies etc. They would bring in nurses, etc. and then not place them anywhere! These people would pay and get a visa, enter the US, and when they reported for work were told there was no job for them and then they had no place to go. I believe it is in response to these abuses why we are seeing this now.




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  • coopheal
    04-23 08:17 AM
    Is it not risky to move when your RFE response is pending? I worked for just 2 employers for 9 yrs between 2000 -- 2009
    then since March I have so far been with 2 employers and now 3rd PERM offer.. I am concerned if that can create issues..

    Gave notice for job change - you mean to your current consulting employer right??

    If thats the case
    1) work with your lawyer on AC21 filing. make sure he has done it before and he know what he would be doing.
    2) Its good that you have already talked to your new employer about the GC letter.
    3) More than likely your RFE would be related to medical. Thats what the trend is these days. If thats indeed the case get your medical exam stuff.
    4) Along with your medical RFE keep the AC21 papers as well.

    Check this thread out... http://immigrationvoice.org/forum/showthread.php?t=24601
    Its what I did when RFE came.

    Hopefully this would be it. Good luck.

    PS - This is just a suggestion. Read more and do what you think will be best for you.



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  • sertasheep
    09-15 01:57 PM
    Dear IV members,

    I am responsible for collating questions from members and sending them to our immigration attorney. Please follow the process outlined in the following thread:

    http://immigrationvoice.org/forum/showthread.php?t=1267

    - At this time, we do NOT have enough questions to justify a conference call
    - On the average, we require at least 20-25 "non-frivolous" questions to be able to justify our attorney's precious time (Please refer to the USCIS definition of the verbage "non-frivolous")
    - We have had internal discussions on whether the frequency of the calls needs to be changed from bi-weekly(fortnightly) to monthly at this time.

    Next Steps:
    - Please keep sending in your questions to legal_advise@immigrationvoice.org
    - Also see the thread http://immigrationvoice.org/forum/search.php?searchid=24014 wherein, periodic reminders have been posted requesting members to send in questions. Please keep them coming in so that we can have the next conf. call


    FAQs: I hope the following provides some transparency into the process:

    Q. What happens when a question is sent in?
    A. First level filtered non-frivolous questions are responded to with a unique Question ID that helps track the question through its lifecycle until closure. The questions are then compiled and sent to the attorney, who accepts/rejects questions based on relevance. Based on the critical mass, the next conference call date is determined. Setting up a conference call requires mobilization of several resources- dial in number, availability of a moderator, etc. After the call, the recording needs to be made available, and several volunteers work towards making the transcript available in a MS Word/Adobe PDF form. Considering our other work and social commitments, this process takes around 2 weeks at this time.

    Q. How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?
    A. Sure, but we need more questions coming in. We need a critical mass of non-frivolous questions to be sent in. We have, in the past, requested members to send in questions via the "legal_advise@immigrationvoice.org" route instead of posting them on the forums.

    Q. Who are the people doing all this work?
    A. Coremember "logiclife" has been doing the co-ordination in the past but has been indisposed due to health and work reasons for the next several weeks. I ("sertasheep") have taken over the co-ordination of the question-compilation etc., overseen by waldenpond, stucklabor, vineet among several other IV volunteers during logiclife's hiatus.
    - (I don't want to reveal other names here without knowledge of their IV handles, will do so shortly after I get their IV handles and/or permission)
    - Vineet and/or waldenpond have been helping with the last couple of conf. call moderations due to availability and calendar conflicts.

    Thanks

    sertasheep

    (I've been down with shingles for the past few days, but that shouldn't stop me from collating the questions- so, keep 'em coming, and await announcement of the next conf. call!!)




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  • pappu
    03-18 11:33 AM
    I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.

    I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.

    I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?

    Any ideas?
    Please correct your profile with real details so that it helps everyone. Thanks.



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  • chanduv23
    12-01 06:27 AM
    Guys,

    If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?

    Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?

    Thanks.

    If you are moving to the Tri State Area - we will give you a red carpet welcome into our chapter :)




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  • vin13
    07-14 09:22 AM
    No worries. I have travelled through Frankfort with AP and had no issues. In fact, an officer did ask me for my US visa and i showed him the AP document. Seems to me that frankfort officials do understand the AP document.



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  • webm
    05-29 12:54 PM
    4. Does the answer to (3) above depend on whether you are on an I797 (H1) approval that is valid for a period beyond the paroled date or you are on an EAD?
    ---Yes depends on your H1 validity one can continue working although I-94 stamp paroled for 1yr validity expired ie AOS pending status will let you in and contine the work on H1 or EAD




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  • mjdup
    12-17 07:34 PM
    I attended the event at UMass Lowell. Congressman Marty Meehan and new governor elect Deval Patrick were at the event. The topic of discussion was "global warming". Both governor and congressman took off after the event but I had a chance to talk to their staff.

    One of congressman's staff went through the folder I provided with IV documents but he works for energy related issues and will pass to the staff dealing with immigration. He did provide me the senior staff member who looks into immigration issues. I'm going to email and try and meet him. Congressman Meehan is part of the judiciary committee related to immigration.

    MA members> I'll send out a separate email to you guys and each one of us should contact and educate the congressman though his main focus seems to be the climate change issue.



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  • fullerene
    07-17 06:11 PM
    We shall continue our work by writing letters to lawmakers.
    They shall freeze the VB at May so people come out from LC Backlog can have a chance to file 485.
    They shall allocate all unused Visa numbers in previous years to people stay in backlog for years.
    They shall revise the current Name Check procedure so the process can be done predictably.
    They shall increase visa number cap and soften the country limits.
    They shall pass SKILL BILL...

    We have only a couple weeks before the summer recession. We need to keep our solidarity to make our dream true.




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  • zoozee
    08-14 05:44 PM
    Hi,

    Assuming that one has file for the I-485 - just wanted to clarify that EAD/AP can be filed even if the priority dates are not current. In other words, EAD/AP has no dependency on the priority date being current.

    Regards
    ZooZee



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  • pappu
    01-09 11:56 AM
    Come on fellas, I need your input.

    Could you update your profile please. Your profile says you are from Afghanistan and other details are missing.

    The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push and we can work on it.

    Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.

    Good you posted this thread. Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?




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  • snathan
    03-20 01:04 AM
    Yes



    No. You will need new visa stamp.

    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing somthing here.



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  • chintu25
    09-15 12:38 PM
    I am in

    :rolleyes: Its about time




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  • sreenathm
    10-11 09:11 AM
    :confused: I got very anxious when my co lawyer told me that I got a query from INS.

    I recently transfered my H1 to current employer and started working for him. Even I got receipt number. When I last tracked the number in INS web site it says mail has been sent out asking for more information.

    Company lawyer told me to produce all my paystubs ever since I started to work in US.
    I am wondering will this cause any issue. Is this a normal procedure ?

    Please help me, if any has any kind of information. Please share with me. My Id madhyastha@yahoo.com

    Thanks,

    Sreenath



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  • vin13
    01-15 11:51 AM
    Before you request for your passport and withdraw your H1-B, make sure your AP documents were approved before you left India.

    I have heard from several sources that your AP should be approved before you leave the country. If the approval date is a few days before you left U.S, it can be assumed that you physically recieved it before leaving.

    You may want to check with an attorney to confirm this situation. In these forum, you will get personal experiences, but it may never be the exact situaton as yours.




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  • Leo07
    10-07 01:21 PM
    I was wondering about the second part of the question/answer. Thanks rockstart!




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  • gceb3holder
    02-27 06:32 AM
    I have received my GC on January 28th. My company filled the following with USCIS:

    I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
    I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008

    Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....

    So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.

    I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.

    Please advice.




    japs19
    02-20 01:13 PM
    Q:1. First and foremost - can I change my job as I am entering the 6th year of H1?

    A: I recently changed my job and I am in 6th year of my H-1. Two options you have at this stage. 1 (smartest): When the lawyer of new company applies for H-1 transfer, also apply for 3 years ext as you have 140 approved. My lawyer did and INS was kind enough to approve both(transfer & ext). 2: Have the employer agree to the fact that they will start GC process right away without any catches. Once that starts in 2-3 months you will have LC and 140 approved and then you can apply for H-1 ext.

    I suggest option 1 is the best and works for almost everyone.

    2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?

    Yes. You have to apply LC. There are no timeframe limitations on INS side. The only limitation you may find or want to find now is if your new employer has any. Many employers has internal law that once hired, they wait till 1 year before processing GC. Usually the budget is an issue. In that case, here's what you propose. "I will pay all GC related fees out of pocket, and when I finish 1 year (hoping you have approved h-1 ext) of employment, reimburse me".

    3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.

    If you have smart lawyer, there should not be any issue.

    Good luck ....:)




    ssksubash
    09-29 03:47 PM
    HI,

    My company filed my Perm on Jun 4th 08 but it is not yet approved. My H1B is in its 6th year and will end in July 09. I was wondering if I would get an extension , even if my Perm gets denied for some reason.

    I just want to prepare for the worst case. Can any one please help with some information.

    What are my options to get a H1B extension.

    Thank you,



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