Saturday, June 11, 2011

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  • desi3933
    07-09 10:30 AM
    could you be more specific..

    If the Labor mentioned as a job location in NY...after we get the EAD..we cant move to Florida and work there..?

    You are ok, if are on EAD and in AOS pending status.

    I was referring to current job location BEFORE filing for I-485 application. A person can be out of H1 status if he/she is working on a location that is different from mentioned in the H1 LCA. This is something not many people are aware of.

    _____________________
    Not a legal advice.





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  • Munna Bhai
    08-28 09:05 AM
    thanks munnabhai. I have read somewhere that if I/140 is approved and visa is unavailable then H1 can be extended for 3 yrs. Correct me if its not true.

    yes, that is true





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  • haider420
    03-04 12:56 AM
    I like your handle though, haider420

    yea bro wish it could be 420/365 ;)





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  • fromnaija
    02-12 10:51 AM
    Hi,

    I am from the Philadelphia region. I should be able to apply for my I-140 in a week or so. Does anyone know approximately how long it would take me if I applied the NON-Premium way?

    Thanks

    This depends on the service center treating your case. Mine took less than three months at Texas Service Center.



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  • jhaalaa
    03-19 04:15 PM
    I guess OKies are lazy guys. Please post your details so we can help do some more than just benefit from the efforts of others assuming Lady Luck would eventually smile anyway so why bother her now!





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  • enqueued
    12-11 01:38 AM
    Hi,
    We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
    She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?

    Thanks!

    I did some research on traveling with AP. AFAIK it has to be approved while you are in US - especially if you are an AOS applicant.

    http://www.murthy.com/news/ukpbadpl.html

    http://www.usimmigrationsupport.org/advance_parole.html

    Good luck

    Thanks



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  • bitzbytz
    07-13 02:27 PM
    nice try jayant





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  • gssh
    07-18 10:47 AM
    CORE team has done an excellent job. Keep it up.



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  • yabadaba
    07-02 03:24 PM
    kumsoft:

    send this to any reporters on ur contact list

    XYZ,

    While the coverage that we legal immigrants received during the CIR debate was abysmal because we were not considered "human interest" pieces by journalists and editors. We have been subjected to another slap in the face by a broken immigration system.

    Please see:

    http://www.aila.org/content/default.aspx?docid=22804

    "Administration Slams Door on Thousands of Legal Immigrants: AILA Condemns Agencies’ Bait and Switch
    Cite as "AILA InfoNet Doc. No. 07070264""

    We hope that this press release is sufficent to now categorize us as a human interest piece. Any coverage will be appreciated.

    Regards

    yabadaba





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  • satishku_2000
    08-27 04:53 PM
    I sumited my wife's & my I140 and I485 together in this July 2nd, 2007. I already got receipt and the requesting for fingerprinting. If i file a divorce now does it going to have any effect on my processing?

    this is very important.

    Depends on who is primary and who is secondary. I asssume its an EB case because you mention 140.



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  • amitk81
    05-01 08:18 PM
    Hi Guys,
    Here is my situation:
    - Labor & I 140 cleared: PD Jan 07 EB2
    - Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.

    - Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent).
    - Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.

    - Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?

    Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.

    Thanks
    Amit





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  • YesWeWillGet
    09-09 06:42 AM
    One of my friend was successful porting his May 2004 priority dated EB3 to EB2. The entire porting process took three months for him to obtain Perm based LC and I-140 approvals.



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  • aau
    07-16 10:36 AM
    In the article. It also says that

    "
    It isn't clear, however, whether the immigration agency will now accept all applications and process them later, accept only those that have arrived, or come up with some other approach."

    So, we don't know...

    Hey,

    Do you have access to the entire article? Could you post it here please..





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  • laborchic
    01-20 02:33 PM
    Superb new look... IV gets a facelift along with the nation..
    :)



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  • gcsucks
    06-17 11:29 AM
    We should set up a webfax/email for all members to be sent to CNN and FOX like the ones we setup for the senators.

    Any comments from Core team ?
    Once the Core team drafts a letter we can send that....





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  • Ann Ruben
    07-22 12:57 PM
    You are getting mixed info because, USCIS has failed to provide guidance specific to the issue of the continued validity of an approved, but withdrawn/revoked I-140 for purposes of the three year H-1 extension. However, USCIS guidance on related issues strongly supports your eligibility for at least a one year, and probably a three year H extension. (Nevertheless, to be safe, you should also apply to renew your EAD if it has expired.)

    If your employer had not withdraw the I-140, it is clear from USCIS memos and guidance that you would be entitled to an extension beyond six years to work for another employer:

    "Question 7. Should service centers or district offices deny a request for an H-1B extension
    beyond the 6-year limit where the labor certification or immigrant petition from an
    employer who is not the H-1B petitioner was filed for the beneficiary more than 365 days
    ago?
    Answer: No. The statute does not require that the labor certification or immigrant petition must be
    from the same employer requesting the H-1B extension."

    Michael Aytes
    December 27, 2005
    HQPRD 70/6.2.8-P


    USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:

    "If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c)

    Extrapolating from these two statements, and in the absence of any contray written policy, your petition for extension of H status should be approved. Given your experience (congratulations on obtaining the MTR approval!), you probably understand that USCIS decisions can be unpredictable---this is especially true where, as here, no specific written policy exists.

    Both the I-140 approval notice and your I-485 rec't notice should be submitted with the petition for the H extension. Whether you are more likely to trigger an RFE by also submitting the decision granting the MTR, as opposed to not mentioning the MTR is a judgment call. I would probably chose to include the MTR decision as long as it does not contain any incorrect or problematic statements.

    Hope this is helpful.



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  • dixie
    05-19 06:10 PM
    I doubt we can threaten to get sanctions passed on Exceed .. i dont think we have the political clout for that. All we can do for now is plead, reason and educate senators of the unfair treatment we get from the broken immigration system. If our membership keeps growing to a point where we represent most of the affected legal immigrants at the mercy of USCIS (close to half a million), then its a different story, not to mention if we had the numbers and political clout of the illegals. Just my opinion.





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  • Berkeleybee
    04-08 02:56 PM
    Thanks for the effort. Obviously it is not their interest to release the data, that's why we need to figure out a way to force them to discose such data. I think it's possible to get a court order to request such data.

    It takes years and months to get a request fulfilled under FOIA. In this administration, run of the mill govt agencies have been given even more latitude in fulfilling FOIA requests -- forget about the DOS and its response to FOIA requests. Perhaps I didn't make myself clear -- even other agencies within the government who don't need FOIA are unable to make this happen. Do see the magnitude of the problem?

    The only way to break the logjam is through political pressure.


    Again, I'd say, please don't assume the IV people who have been working on these issues are naive or lack information. ;-)





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  • maddipati1
    10-26 02:24 PM
    First, listen to this looking at the video.

    Then, listen with eyes closed or looking away.

    http://www.youtube. com/watch?v=aFPtc8BVdJk





    go_guy123
    05-22 02:37 PM
    Thanks for your Reply.
    My Employer is also threatening me that if I ask him for salary then he will lay me off and immediately send me back to India.
    can he do like this ?

    Yes they need to give you lay off notice officially in paper and give you plane ticket to India.
    You can file the complaint and once they give you ticket to India , you can available that to go to India.

    In fact H1Bs shouldn't have been approved for your employer in first place. Obviously in your case the client is delaying payment but you employers need to have the
    working capital to pay you even if the client is not/delaying payment.

    This was a problem/abuse with the small consulting companies aka body shoppers for over a decade now. It seems that USCIS is eventually cracking down on this.





    Bush
    02-21 12:38 PM
    S. 9: Comprehensive Immigration Reform Act of 2007 Introduced 01/04/2007

    H.R. 572: Comprehensive Immigration Reform Commission Act of 2007 Introduced 01/18/2007


    People,

    I dont want to sound pessimistic but do we think its necessary that we have to have some backup plan if the CIR bill gets into the mess it got into last year because of amnesty given to illlegal.

    The WORST SUFFERERS will be LEGAL IMMIGRANTS who are at the mercy of this illegal immigrants bill.Do you people think that we need to discuss atleast (the IV core group) the back up strategy if the CIR gets into grid lock as it happened last year.

    I think its worth a discussion.People any ideas.?



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