Sunday, June 12, 2011

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  • mali03
    05-25 08:17 AM
    Called Sen Bingamna's office! funny to call him against his own amendment but tried to put it diplomatically...hope it works!





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  • ashkam
    11-26 01:16 PM
    Hi Guys,

    I am an EB category GC applicant. I am living in US on AOS pending status and working on EAD. I don't have any other legal status in US. My previous H1 expired long back. I also changed my company after filing I-485.

    I am thinking of visiting India now. I will be carrying my I-485 receipt and my AP for this travel. My question is, can I face any difficulty while boarding a flight in India since I do not have any valid visa stamp for US in my passport? If I remember well the immigration counter in India also verifies a person's visa before letting him/her proceed on the journey.

    Also, can anybody foresee any problems while reentering at the US immigration checkpoint in such a case?

    Can somebody who traveled outside US on just I-485 receipt and AP share their experience with me?

    You don't even need the I-485 receipt. Just the AP is enough. However, what you do need to check for is if the airline you're boarding has a changeover stop and if you need a transit visa because many airlines like BA require a transit visa if you're entering the US on an AP.





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  • Photo from quot;Rob Pattinson



  • GoneSouth
    03-15 05:25 PM
    If the first labor is done through PERM, can the 2nd labor be filed? I had heard that there is a policy of one PERM per company per employee. Does that not apply if the new job with the same company is substantially different. That's right. Second PERM can be filed for same employee at same company if first PERM is already approved (not pending) and second PERM is for a "substantially different" position.

    Would you please elaborate on "substantially different". If the job title is different and job duties are very different, would that qualify as "substantially different". I have been thinking about doing the same. This is not well defined. In my case, the second PERM was for a position in a different O*NET category and a different job zone, and this was considered "substantially different" by DoL. My guess would be that if the two positions are different O*net codes, you should probably be fine (this is a guess only - please consult your attorney).

    Is there any issue when 1st labor was not a PERM labor and 2nd labor is going to be PERM labor and both from same employer ?Sorry, I don't have any experience in that area, so I can't comment.





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  • NikNikon
    June 16th, 2005, 03:54 PM
    Hey Anders, I gave a go at lightening your shot. Would be interested in how yours came out as well.



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  • Kristen Stewart Robert



  • glus
    05-31 09:18 AM
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  • thirumalkn
    07-23 07:31 PM
    AFAIK, as long as the core duties mentioned in the LC don't change considerably (by more than 50%), the company can promote you anytime.

    Thanks for the reply.
    So, does that mean the title can totally change if the job responsibilities are 50% same ?



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  • Actor Robert Pattinson (L) and



  • andy garcia
    07-18 10:08 AM
    Hello all, my lawyer is charging $600 for EAD (including uscis fees), I heard from one of my friends that EAD can be applied by yourself.

    Has anyone done that?
    Is it easy to do that?

    Here is:

    e-file 765(180 $)
    Send copy of 485 along with printout of receipt
    Wait for FP appointment
    Done(got cards 40 days later)


    I already did it for wife, son and myself.

    Saved about 1500$





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  • HRPRO
    03-07 11:29 AM
    I haven't file 485 and have no EAD.

    Just an approved 140 with looming layoffs.

    How many years do you have left on your H-1?



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  • Pattinson-stewart-1



  • dealsnet
    12-28 02:27 PM
    We are watching the processing date from Dec. 14 till yesterday. We did call them. You can see my thread for this matter. They talk about Nov. Date till recently. All of a sudden they come up with this with old date. see the link
    http://immigrationvoice.org/forum/showthread.php?t=16229 (http://http://immigrationvoice.org/forum/showthread.php?t=16229)

    Why did u give a negative marking for that?





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  • GCWarrior
    04-16 02:38 PM
    I hope so too. I donot know the difference between MTR or Appeal and heard Appeal gives more rights than MTR. Any ideas on which route to take?

    Thanks



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  • Robert Pattinson and Kristen



  • cris
    08-30 09:42 AM
    first of all let me thank you very much for your quick inputs

    I have a H1B stamp which , as I said, expires march 01/2007 .

    The lawyer will fill for extension first week of september .

    Maybe, the application will be pending for 1, 2 months ( is not Premium Processing ) .

    During this period, can I travel outside USA ? I read some comments stating that petition will be withdrawn if I do so . Maybe is just a confusion .

    It will be great to clarify this issue for me . I know you guys are professionals in immigration issues
    thank you





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  • Sunx_2004
    01-02 04:05 PM
    Congratulations you started the process, Now relax and wait. Without any favourable legislation It can be while before you can apply for your AOS. Meanwhile have labor and I 140 approved.


    Hi Everybody,

    I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.

    When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??



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  • pradeep_s
    12-20 11:04 PM
    Janilsal,

    I have I-140 notice with me. Thanks for your tips.
    pradeep





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  • easygoer
    02-27 11:41 AM
    Very logical answer covering all the related issues



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  • Robert Pattinson And Kristen



  • kaisersose
    12-07 12:05 PM
    A lot of folks are planning to leave the original sponsor after 180 days. My question is, is there any harm in quitting after 6 months as compared to say 9 months or a year? Would USCIS look infavorably on my application if I quit as soon as the AC21 can kick in? Would quitting after a few more months be any better?

    Thanks in advance

    There is no gain in waiting longer.

    What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.

    As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.





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  • harikris
    12-05 09:56 PM
    Hi maverick_iv and smuggymba - thanks to you both. between you two, all my Qs are answered.

    I will mail the app and then go visit the embassy after 10 days - i think that will be more effective.

    Thanks.



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  • arihant
    05-23 09:17 PM
    Commend your initiative





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  • chanduv23
    07-09 02:51 PM
    OK. Thanks for your advise. I guess I can not do much about this. I'll try to butter him up to get what he promised. We'll see. Thanks.

    Yes butter them and sound pleasing, approach them as if you need their help. Praise them like anything. Make them feel on top of the world. Just keep kissing their ass till u get the work done.





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  • greencardfever5
    08-23 07:56 PM
    I am working as an industrial engineer since 2006. My labor certification approved in 2006 mentioned job title of industrial engineer (SOC Code- 17:2112), My I485 is pending since 2007, I have also kept H1B status alive, six years will expire in dec however current I-797 for H1B is valid till June 2011.

    I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.

    1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
    a. Can one work as an engineer (SOC code 17:2112) and supervise junior engineers. Does USCIS assume that a person is a manager if engineers are reporting to an individual? On the other hand in some cases I have seen managers without anybody reporting to them.

    2. If I can fulfill my employer�s expectation by accepting ENGINEER V position instead of engineering manager, will that be an option? (Few engineers will be reporting to me in either option).
    a. I am positive that I will be able to fulfill my boss�s expectations in either position.
    b. Can I accept the promotion immediately or employer will have to seek some sort of approval from USCIS?

    3. If for some reason, employer can not give me a job title of Engineering V, Can I accept Engineering Manager�s position till my I-485 is pending and go back to Engineer V position upon I-485 approval, I read that in such cases, one needs to go back to original position mentioned in labor certification I-140 for six months upon I-485 approval? In this case how we will handle extension of my H1B petition which expires in 2011?

    4. Can I accept position of Engineering Manager assuming that employer will issue an employment verification letter with a description similar to labor certification (if USCIS issues RFE for any other underlying reason)?

    5. If for some reasons above options are ruled out, Can I accept promotion as a Manager assuming employer can submit new I-140 ( I guess this will be starting green card process all over) .Definitely this is the least preferred option considering current processing time and relative ease in searching a job for my wife ( through EAD).
    In this case

    a. What will be the priority date?
    b. Can I and my spouse maintain the EAD card?

    6. As the I485 is for future job, Can I work at engineering manager position till I receive RFE or I485 is approved
    a. In case of RFE USCIS typically gives 15 to 45 days to respond, Can I change my position during that time i.e. switching back to the position mentioned in labor and I485
    b. Upon I485 approval, can I go back to original position for few months (how much is that required period, is it six months?). I might have to take salary cut in the case; can I informally lead the team in that case?
    c. I guess my interpretation is that what you do when I485 is pending does not matter as long as you switch back to the original position upon I485 approval.

    Thanking you in anticipation.





    ashismaity
    08-30 10:48 AM
    I travelled outside USA before the expiry of VISA date while 7th yr H1b extension is going on based on my labor.

    Here is the dates for clarity.

    my visa date was upto Oct, 2005. Applied for H1b Extension in May, 2005. Travelled in June, 2005. came back in July 2005. Got approval for 7th yr. after a few days after my arival.





    smuggymba
    03-07 02:15 PM
    Hi Smuggymba, very sorry to see you in such a situation...



    These things happen....cons of working for non consulting american companies. As long as you stay - the benefits are great but a new VP can change things around. Let's see.



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