Tuesday, June 14, 2011

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  • dionysus
    01-24 11:37 AM
    Filing for I-485 is better as after six months, the employers can not do much. Disagree with this post altogether.


    Of course it is better. I am not denying that. But is it an achievable goal? Is this goal likely to be reached in next one year?

    Asking for greater job flexibility is the goal that IV can reach within this session of the house itself. This is what it should focus upon. This will mean that within a couple of months EB based GC seekers will start getting offers with better salaries and better benefits.




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  • kishdam
    02-06 03:44 PM
    Do you work for saicon.. I also signed something like this.

    No. I work for an established software product company. Did anyone at your employer left and what were consequences. At my office not all signed this and they still continued application.




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  • abhijitp
    01-19 03:47 PM
    NORCAL,
    We have a game plan to give the letters campaign a major boost... now all you guys have to do is show up tomorrow!
    THANKS!




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  • Dhundhun
    07-21 05:59 PM
    I assume he can use the AP after October 2008 for his travel--correct?

    As as dated Oct 12, 2008, on or after this date.



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  • vin13
    03-11 04:28 PM
    The answer to that question would be "no". Would the IO be satisfied with the job description of the new job? Would he ask if I filed AC21? I don't want to sound paranoid, but it would be great if there was anyone on these forums that was in a similar situation and was asked that question...

    You do sound paranoid.

    When the law doesnot require tht a person file AC21 when changing jobs and yet you are not satisfied. That is PARANOID.

    People are going to give their personal experience. If you are not satisfied then get legal advise from a lawyer.

    All Immigraton Officers will not ask the same questions nor react the same way for similar answers.




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  • sbabunle
    05-27 05:12 PM
    Thats not right.. I check in here at least once a day. :)
    Problem with the poll is that only people with not current PD come here, people with current PD do not come here any longer...



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  • nozerd
    09-06 04:39 PM
    Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.




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  • gc_buddy
    07-15 12:46 PM
    Hi Friends,

    My Wife recently switched from H4 to EAD and started working on the EAD. She is currently doing consulting with a small company. Will she require to file a change of status with USCIS indicating that she changed from H4 to EAD.

    Appreciate any assistance !



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  • lyu265
    04-02 02:21 PM
    NOT KNOW HOW TRUE BELOW IS, BUT POST IT ANYWAY

    PLEASE POST BELOW ON EVERY website and different forums within a website (murthy/immigrationportal/etc) YOU VISIT------------------------------------------------------------------------------------------------------
    We are trying to conduct a nation wide rally of faxes/mail to be sent to Concerned authorities on April 3rd and April 4th, if your Labor is stuck in any of the BEC please send a
    - Mail to below address (so that all mail could reach authorities on same week)
    - Fax to below number (so that all faxes could reach authorities on same day)

    Dates: April 3rd (preferable) and APRIL 4th (if you forget)
    MAKE A CALENDER ENTRY

    Please use same subject in all your faxes, no matter how you want to address your content of the letter. Please try to post matter of this posting to all forums you visit.

    Subject: Delay in Foreign Labor Certification application approval process at Philadelphia Backlog Processing Center


    DOL Contacts

    Ms. Elaine L. Chao
    Secretary of Labor
    (202) 693-6000

    Mr. Paul T. Conway
    Chief of Staff
    (202) 693-6007

    Mr. Steven J. Law
    Deputy Secretary
    (202) 693-6000

    Ms. Ruth D. Knouse
    Executive Secretariat Director
    (202) 693-6100

    Ms. Amy Barrera
    Director of Advance & Scheduling
    (202) 693-6003

    Ms. Laura Genero
    Associate Deputy Secretary
    (202) 693-6000

    Address for all the above people
    U.S. Department of Labor
    Frances Perkins Building
    200 Constitution Avenue, NW
    Washington, DC 20210

    --------------------------------------------------------------------------------

    WE SEND LETTERS ON APRIL 3rd or 4th (NOT BEFORE)
    WE FAX LETTERS ON APRIL 3rd or 4th

    Below is the sample draft:
    -------------------------
    Subject: Delay in Foreign Labor Certification Application approval process at Philadelphia Backlog Processing Center

    Dear Sir / Madam:

    I would like to bring it to your attention the delays in LCA approval process at Philadelphia Backlog Processing Center. I have been waiting for almost 2 years since the commencement of Philadelphia Backlog Processing Center and has not received my approval.

    My family and I are suffering constantly due to these delays. Please take necessary measures to speed up the approval process.

    I would be highly appreciated if you look into this matter as soon as possible.

    Sincerely,
    your name
    City, State, Zipcode
    __________________
    ETA Case Number:
    YOUR PRIORITY DATE
    YOUR STATE
    TR/RIR




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  • GCplease
    07-30 09:16 AM
    Dear Experts and Attorneys:
    Here is my situation:
    My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
    I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
    My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
    After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
    Now I need your expert advice on the following situations:
    1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
    2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
    3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
    I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
    I greatly appreciate your responses.
    Thank you.

    These are just my views. Please do not take them as is. Check with an attorney.

    1. Joining the same company would be ideal because you can continue your 485 process. Pay hike of 15 % will not be a problem. your attorney should be able to explain that in case there is a rfe. but make sure that the job title is the same.

    2. For AC21 after 6 months, you should be in the same profile. Pay hike is okay I think. A normal 5 % will not be a problem, but 15 % may be. But I still think the attorney will be able to explain. Check with him

    3. getting a new job and filing your perm labor and I-140 should be okay. If all goes well, you may reach the 485 stage in 6 months. But the question of retaining your priority date depends on your old company not revoking your current 140. If they do, you lose your old priority date. There will be a lot of uncertainities here. But becasu you still have another 3 years you can try this route.

    4. 2 weeks without a job may not be that big of an issue.


    Again, these are my personal views. Your attorney can explain things much more concretely.

    Good luck.



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  • whiteStallion
    11-10 02:44 PM
    For my recent in-laws trip, I took insurance from ICICI Lombard. As one of the previous poster mentioned they are tied up with United Healthcare and they give you an Identity Card from United Healthcare. I previously used United and they are pretty good. So its a reliable Insurance.
    I took the platinum cover for my in-laws(age:mid 50s) and it came to around INR 16k for both of them for a 3 months stay, which I consider is reasonable, given a $ 250K coverage.
    Previously when my parents came, I have taken ICICI Lombard. Though I was lucky enough that they did not have any medical issues and I did not need to show up at any doctor/hospital.




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  • PHANI_TAVVALA
    10-10 10:36 AM
    When a person is on H1B with a multi-national company, he/she is an full-time employee of its U.S division and has nothing to do with the company's overseas SBU's. Even if the employee has worked at overseas division and later moved to U.S on H1B, USCIS considers the employee to have been hired fresh due to difficulty the company faced in hiring an qualified American in U.S.

    Your husband is allowed to stay in U.S (until validity of H1B) as long as you do not resign your job in U.S. But if you move to India permanently to work at your company's Indian subsidary you are automatically considered to have resigned your job in U.S. At this point your H1B becomes invalid as soon as you leave U.S and thereby your husband's H4 becomes invalid too. If he stays in U.S despite this (without changing to an alternate visa) he will be accruing out-of-status stay which will allow DHS to ban him from U.S for 3-10 years.



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  • chanduv23
    10-09 05:40 PM
    I am in.

    Welcome Amma :), please help "needhelp" - she is really in need of help :)




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  • vadik78
    03-01 12:45 PM
    Hi,

    I saw immigrationvioce discussions on immigrationportal.com and decided to visit the site to obtain additional information regarding the community. I was trying to find a bullet-point list of immigration voice goals/priorities, however i did not find one.

    I am not sure if I missed it or it just does not exist. If it does not exist, maybe it is a good idea to publish the list in the "about us" section or in the FAQ sections. I noticed that there was some info available in the about us section, however it was quite generic.

    What I was thinking is that it would be a good idea to publish short-term and long term goals in a fairly detailed format, for example:

    Short term:
    1) Fight name check delays:
    1a. educate the congress about name check delays
    1b. ask the congress to implement service requrements for name check processing (i.e. 6 months completion for X%, respond to name check inquiry for name check pending for more than 6 months within Y days/weeks, etc)
    2) Fight retrogression:
    2a. Educate the congress about restogression
    2b. Ask the congress to re-capture unsused visa numbers
    2c. Increase visa allocation for EB categories

    I think that such information would be good for new/potential members.



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  • willgetgc2005
    05-24 05:20 PM
    Jay / Logic life /others,

    Does this practically mean none of Sen Brownback/Cornyn amendments we wanted are in the Senate at this time ?

    -----------------------------------------------------








    Mercies,

    This is a house member. They will speak a lot of things. Plus, there is 435 of them. In the course of debate a lot of opinions will come across. I dont know if this guy from Indiana is on the conference, but the only person that really matters from the house side is Sensenbrenner. He will be on the conference. And all the provisions that are friendly to illegals will be thrown out of the bill during conference.

    Frankly, the amendments like orange card amendment of Feinstein was a waste of time. First of all it didnt even pass the senate, but had it been passed, provisions like Orange card would be something that Sensenbrenner would ask the Senators to leave it outside the door before walking to the table in conf committee.

    Cool down yaar. Let's wait for tommorow to see and hope that Frist and Reid dont start another pillow fight over the number of amendments.




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  • vybe3142
    07-24 10:52 PM
    Good news is that I'm working again. While I was out of a job, I converted from H1 to EAD under my previous employer (consultancy).

    Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .

    Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?


    Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.



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  • GCOP
    04-21 11:10 AM
    It took 5 weeks to get it renewed because our old passports were issued in India. So they might be sending letter for confirmation to the passport office in India (Where it was originally issued) and once they receive it, they issue the new passports. For old passports issued by the Embassy in USA, it is faster.
    Regarding contacting them, keep dialling (202) 939-9888, you might be able to talk with them, in one of the attempt. I was able to talk with them, the same way.

    How long did it take for you to renew the passport. My appointment date is on Apr 03 and they received my documents on March 31st. I did not get the passport yet. Do you have a number to call them. I called all the numbers listed on the website and no one answers.




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  • optimystic
    04-06 11:41 PM
    there is no difference between using AC-21 or not. When you get your GC, the general line of thinking is that you stay with the current sponsoring employer for 6 months or more. AC-21 is merely a way of changing your 'current sponsoring employer'.

    I can't say how much weight this statment holds...

    I mean, there are ongoing discussions in other posts about some employers reluctant to accept EAD holders (willing to use AC21) since they may have to do some amount of 'sponsorship' for such people and suggestions that these people claim that they don't need any 'sponsorship' theoretically from the employers ...they can file EAD extensions themselves.....

    In light of that it seems as if once you invoke AC21 you can choose to support your I-485 status & EAD, attorneys etc completely yourself, and thus the concept of 'sposoring employer' totally vanishes.

    Its possible that USCIS can still hold you to the (diluted)intent of "continuing to work in the same job role as originally claimed in I-140/I-485" for a general period of time after getting GC, but not necessarily stick with the same current employer. The AC21 invokers already cut themselves off from the original sponsor....doesn't make much sense to force them to stick to current employer, who may or may not have sponsored anything at all towards the employee's GC.


    So AC21 invokers get a degree of freedom ( --can't tell what level of freedom though, with the impending restrictions possibly in future in AC21 -- ) regarding showing the *original intent* after getting GC.

    And since people stuck with same original sponsoring employer and get GC while still with them, can not invoke AC21 after getting GC to port their "original intent", it seems they would continue to be stuck with the same employer for 6-12 more months (unless fired/laid off of course, in which case one becomes a free bird :) )

    [Not sure if I put my line of thiking properly in the above paragraphs...if you get confused, please ignore the post :) . It would definitely have been worse, if I tried to speak , rather that write this :D )




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  • stueym
    07-08 04:21 PM
    Wonderful support. Thank you. So far we have over 850 viewings and have been rated 76 times and 23 comments. That has managed to push us to #6 in the News and Politics stories of the day. This morning we overtook a Ron Paul story. If you have not had a chance to check the video out, please rate it by clicking on the stars or leave a comment as that will push our position even further.

    Thank you once again. My son is beginning to get quite optimistic that CNN might just pick this one :-)




    jayleno
    06-19 09:32 AM
    I applied for my 485/AP/EAD last year. Got my AP and EAD.

    Last week I applied for renewal of my EAD and AP. They sent back both of my applications saying they need a 485 reciept notice. I have attached an explanation saying I did not get my 485 reciept notice and I gave the reciept number. Also attached last years approved EAD stub and EAD reciept notice with the EAD application. I have attached last years AP reciept notice with AP application as proof of my 485 application.

    I dont know why they could not check with my A# or SSN. Sometimes they are moody or Some of them are crazy.

    I think your attoney/employer put their address on the 485 app and they should have it. Lot of insecure consulting companies(you know what I mean) do that and make us believe that our 485 reciept notice was lost in the mail.




    roseball
    11-14 10:43 AM
    If you are coming back to US to work for the same H1 employer, then re-entering on AP does not invalidate your H1. Yes, after coming back you can file for a H1 COE petition.



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