Wednesday, June 8, 2011

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  • poorslumdog
    10-11 04:05 PM
    :=)





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  • admin
    09-29 09:43 PM
    IV has already contacted Author David Heenan. In fact the author endorsed our effort. Check out his letter to IV - http://immigrationvoice.org/index.php?option=com_content&task=view&id=24&Itemid=43

    Also as per the letter, his book has already been sent to the influential senators.





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  • IneedAllGreen
    09-21 02:31 PM
    Your story looks similar to mine. Before I go for my side of story let me tell you that going for premium is always good idea. I got my new I-140 (EB3) got approved within 2 weeks after we applied for my third green card process. Now with your labor and approve I-140 and remaining H1B visa you can go to new employer. I think you have plenty of time to go to new employer and transfer remaining time in your H1B. In between you can ask current employer not to revoke I-140 once it processed. This way you can later transfer dates from current GC process to new one. I think you are quite secure at this point of time to move to new employer. Just take in confidence with current employer for not to invoke I-140 until you transfer your date.

    On my side of the story I did same thing (as explained above) in 2006 because of lay off . I had almost 1 year of time remaining on my H1B and had already crossed 6 years limit on H1B.). I did transferred my remaining H1B time to new employer (where I am right now) and started my GC process (2nd green card. I did not complete labor process or I-140 at my earlier employer so could not get transferred date). I got my labor approved for 2nd GC within few days of filling in late 2006 so my attorney filed for my H1B extension in 2007 for one more year based on my new labor. I don't know you call it luck that I got my extension of H1B for 1 more year based on new labor. As of now we have filed for 3rd GC for me because my I-140 got denied based on my education (A year ago we have appealed for the same)

    In short what you can do is to go for premium proc for I-140 and transfer remaining H1 to new employer and try filling extension of H1 at new employer after it expires. Its little risky but like you said you might get laid off sooner or later. As always above information is from my experience but attorney can give you right advice. I did pay $200 to Murthy for advice on what to do while I was in your kind of situation in 2006.

    Good luck.



    My six year term of H-1B ends on 15th Nov 2011. My present employer is filling my I-140 ( as I am paying all the expenses) and the lawyer tells me that she will be able to file in 30 days in EB-2 ctaegory. However , now my job does not look very secure and I am afraid I might be laid off while my I-140 is pending. Thats why I am considering filing under premium processing by paying money out of my pocket.
    My reasoning behind this is:
    1) If laid off, with an approved I-140, I can apply for 3 year extension on a new H-1B with another employer and then work towards capturing my PD when time permits.

    I realize I might have to go to H-4 to avoid getting out of satus while I am looking for new employer. Can anyone please guide if I have my bases covered or if there is a flaw in my reasoning. Should I go for premium processing or not.
    Thanks





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  • JunRN
    12-17 06:57 PM
    Almost always, AC21 can trigger an RFE or interview. There's always a risk in filing AC21. First, your new employment may not match your LC therefore your GC will be denied. Second, the new employer is banned by USCIS and that is not in your knowledge. Lastly, AC21 rule may change anytime because the standing rule is just a memo from previous USCIS chief. If that changes and you're in the middle of it, you might find yourself ineligible.

    If I were you, I will not change employment. If that is not an option and you have to for some reasons, file AC21 and make sure that your next employer is not banned by USCIS, willing to go through AC21, meaning provide you with documents, and be ready to receive an RFE or request for interview.



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  • shree772000
    06-09 04:00 PM
    Delete this useless thread!





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  • jonty_11
    07-17 06:25 PM
    thisis actual USCIS RELEASE

    now its official from USCIS

    http://www.uscis.gov/files/pressrele...ate17Jul07.pdf



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  • kanyewest
    04-22 10:16 AM
    Thank you for your comments.

    For the period, I was on valid H1, employed, and not paid by my employer - I have a WH4 complaint registered and an acknowledgement from DOL that they have received the complaint.

    I understand that this situation requires premium processing of H1. In case the COS is denied, which as pointed out is more likely, I understand that I will need to travel abroad to obtain a new I-94 with the new H1 approval.

    1. If the COS is denied, can I use the unexpired H1B visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H1 approval notice.

    2. Is it wise and practical to make the new employer aware of my DOL complaint against previous employer during the H1 transfer process? Unless it is needed, I would prefer not disclosing that information to the new employer.

    Thank you again for your time and recommendations.





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  • eb3retro
    01-08 01:27 PM
    Hi, this is my situation:

    - I have L2 Visa, because my husband has L1B Visa. This year, the visa expires and we have 3 new options: extension for L1 and L2 Visa, H1 and H4Visa or Green Card.
    - In the other hand, I have my own business. I have and EAD (work permit) and SSN.

    Questions:
    1. Which of the 3 options do you recommend us to get? Why?
    2. I understand that under H4, I am not able to get a work permit. Do I need a work permit to continue doing business by myself? Or it is required even to run my business?

    Thanks
    Jime

    i think you should ask the same question to your lawyer with the same tone. you would get a huge bill seperately for your tone other than charging you for the answer.



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  • dixie
    10-02 02:46 PM
    If you have an approved I-140, you can port the PD as long as your original sponsor does not withdraw his petition. Since your company is being acquired (as opposed to you quitting on your own) it is highly unlikely that your petition will be withdrawn. So as long as you continue doing a similar job as the one for which the LC position was advertised you should be fine.

    Hi All

    Thanks for a great forum. I am EB3 India (PD Dec 02) with 140 approved June this year. Rumor has it that the small firm I work for, is going to be acquired by a much larger firm with thousands of employees globally. I am concerned about my ongoing GC process. First question

    Q1. What happens to my GC process?

    Considering the behemoth like size of the company that is going to acquire us I am quite sure that the GC process of the few employees from my present employer will take a back seat.

    Q2. What are the things I can do proactively.

    I have read on various threads that it is possible to join other employers and port the PD to them. But considering the fact that company that started the GC process is no longer there, how would this porting of PD with new labor, 140 etc would occur...

    I would appreciate if someone can provide answers to my questions. Thanks for taking the time to read this.





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  • Almond
    07-17 07:47 PM
    Almond I agree with you completely...I am not against questions being asked or answering questions...This community has been helpful to me in the past and I would be more than welcome to lend support....but a little effort would'nt harm....

    There is a saying "SEEK AND YOU SHALL FIND...." No matter how old the information its always possible to dig it out...not only using this forumn search but also google search....I just hope people try and seek before ..that's all

    But, but it feels so much better to come to a community of people who know exactly how you feel and are going through the same motions :). I think we're both right to some degree. I also believe that people do what I do: post the same questions on about 5 different forums and look it up at the same time and then gather as much info as possible. I don't mean to kiss my own butt (Ok I do) but THAT is being resourceful:D



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  • gk_2000
    08-03 09:50 PM
    Let me try to make a humble suggestion here - why don't you try writing a really short and direct letter, so that even the laziest guy cannot help but read it?

    For example:

    Respected Mr. Senator

    I would like to draw your attention to the bill <blah blah> which is very important from the point of view of people waiting in line to be legal immigrants

    I wish that you lend your valuable support to this bill as it will help eliminate the backlogs and delays in issuing green cards to people from retrogressed countries like myself. This is essential to ensure that all people are treated equally irrespective of their country of birth

    ...
    Even if he reads just the first para it will be clear who we are and what we want..

    Or call them up if possible





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  • snathan
    04-13 01:29 PM
    Hello IV Freinds,

    I checked my mail last Saturday, got Cards and welcome approval notices in mail. Status at USCIS website still shows all cases pending. I had called my Senators office for follow up week before as processing dates also had also passed.

    I appreciate IV for providing this website for sharing our immigration issues and concerns in this long journey.

    Good luck to all IV members who are still awaiting for good day to come.

    Thanks,

    Conguratulations...do you consider to donate anything to IV...



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  • langagadu
    03-29 03:49 PM
    Ready





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  • reddy_h
    02-24 09:07 PM
    Sachin is the best!



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  • desi485
    11-24 05:48 PM
    I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.

    http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf

    Guys, any good news to share??? I am still waiting for reply to my letters or email. Nothing received till today...





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  • senk1s
    06-19 12:05 PM
    A quick question:
    I just have the FRONT side copy of the EAD stored.
    Why do we need the BACK side of the copy?

    Responses will be appreciated.

    It is mentioned specifically in the 765 instructions ... see on Pg 6

    http://www.uscis.gov/files/form/I-765instr.pdf



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  • lj_rr
    11-11 03:47 PM
    Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.


    My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
    1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
    House Lease Agreement.
    However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
    Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.

    2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
    Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
    Do I need to notarize both the photos from page 1 and page 4? Please clarify.





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  • needhelp!
    01-11 12:42 PM
    Keep up that spirit and make it your fight!

    Yes. I will look into local and state chapter over the weekend. Thanks. If I have to go down, will go with a fight.





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  • newskb
    10-31 02:27 PM
    Hi krustycat,

    Any update on your I-485 application? I am in the same boat too, my attorney mailed our applications to Nebraska, nothing received so far. I did call the USCIS with the given # below, but they are asking me to wait another 10 more days, and they said they cannot submit Service request. -Thanks!





    Marphad
    11-19 07:57 AM
    I-485

    TSC --- June 27, 2007
    NSC --- July 05, 2007

    :mad:

    Does this make a difference when retrogression is not moving?





    dixie
    12-01 02:11 AM
    The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.



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