Wednesday, June 8, 2011

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  • chanduv23
    07-05 12:50 PM
    Anti immigrants alerted politicians that giving EAD will flood job market and they must do something to stop this.

    Politicians do not want to lose votes in election - so they place orders to agencies to do thiss. Agencies though it is unethical must listen to politicians. Thats why they take the shot.





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  • vgayalu
    01-24 11:33 AM
    Please do not raise old hot topics.
    The confusion created is enough. Do not confuse more and more.
    Let IV work on one issue which ever is under consideration.

    We need not to scare any body by mentioning H4 and nonsense.

    Let everybody get some drink first. Then everyone wait for solid stuff.





    [QUOTE=dionysus]My view is that IV must reassess and realign its goals. The goal of I-485 filing without a current PD is too ambitious to start with. Remember, I-485 is the most time-consuming and lengthy stage of a GC, what with security and background checks, tax records checks, prior legal stays in US and medical tests to name just a few. CIS is swamped with many I-485 applications as it is. If it opens the flood gates for 485 filing, its system will simply collapse under the stampede of estimated 1 million GC seekers. There is no chance in hell that CIS will throw open the gates of I-485 filing for all and sundry.





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  • dbevis
    July 15th, 2004, 07:45 PM
    I hope they are, too. Some birds seem to feed the young much longer than others, even after they've left the nest. I'd suggest taking a large *Do Not Disturb* sign with you tomorrow. Or perhaps "Approach at Your Own Risk*.
    :)"Be quiet, or I will bash you with this big lens!" (the people, not the birds!)





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  • desi3933
    05-21 06:40 AM
    My past post on this issue
    http://immigrationvoice.org/forum/showpost.php?p=322561&postcount=11

    Thread on that topic
    http://immigrationvoice.org/forum/showthread.php?t=5450



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  • bfadlia
    05-27 08:09 AM
    My son and wife too had EAD's expiring in Aug, 2010.. Had no option but to get the DL for three months and applied for another renewal of EAD's.. What a crap..$ after $.. Did the letter from USCIS you got after infopass help or not??


    I don't think the letter was of any help, it said my case is still pending, and as I mentioned above DMV told me they already knew that, they had access to USCIS database.





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  • Green_Always
    03-12 11:45 PM
    So now Parents can visit you right ?


    Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
    :):):):):):)



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  • wandmaker
    11-30 05:38 PM
    I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.

    Yes, it is still true.





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  • das0
    06-16 09:50 PM
    InTheMoment,

    Thanks for your thoughts.

    H1B is dual status.

    Currently my wife is on H4 but will be on H1B status on Oct 1 2007. Her H1b and H4 status is just non-immigrant status while her I-485 (though me) is pending.

    Question is:

    If EAD is used for 1 month only (Sept, 07) , will that make her H1B null and void?

    I thought EAD (though I-485) and H1b are independent ?

    Pls advise



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  • gc_peshwa
    04-15 01:51 AM
    Spread the word about this campaign with ure friends,colleagues, lets 'DOS proof' our future :-)





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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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  • martinvisalaw
    06-15 11:46 AM
    You should have no problem filing a 2nd 485 even though you already have one pending. This happens often, especially when a foreign national marries a US citizen while an employment-based 485 is pending. I've prepared this type of case many times. the faster 485 will be approved (hopefully), so the slower one will be denied because you already have permanent residence at that point.





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  • kumar1
    10-06 11:52 AM
    I disagree a bit, he can very well work in McDonald's as a burger flipper on EAD after 180 days of filing of I-485. However, He must show a good faith job offer in the LC category (same or similar) at the time when his I-485 is about to be approved i.e. dates are current and his file is in IO's hands.
    After 180 days of I-485 filing and before his petition is ready to be approved, alien can work anywhere. He has no burden during that period.
    My 2 cents.



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  • gantilk
    04-27 11:02 PM
    I see the following in the USCIS website:

    "Filings made Pursuant to Visa Bulletin No. 107: As previously announced, all forms I-765 and I-131 applications based on employment-based adjustment of status applications filed pursuant to Visa Bulletin No. 107 that are submitted on or before August 17, 2007 must be filed under the fee structure in place prior to July 30, 2007. On or after July 30, 2007, those applications may not be electronically filed and must be submitted to a Service Center via regular mail or courier service."

    Can somebody clarify this please? I applied 485 during the July 2007 fiasco and want to renew my EAD now? Can i e-file with $340 fee?





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  • indio0617
    12-31 07:52 AM
    Guys ,
    Is there anyone know whether H1 increasing issue will be introduced again in Congress or not ?


    YES. I believe that will certainly be re-introduced as one of the measures in 2006



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  • chanduv23
    12-25 11:30 AM
    Great Idea!
    I'm thinking of printing some and leaving it in local worship places mostly visited by immigrants(in my case its a hindu temple)

    You can post it on the notice board. Generally temples charge $2 or $5 for putting up a notice.





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  • laksmi
    01-07 04:02 PM
    http://immigrationvoice.org/forum/showthread.php?t=14154



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  • GCwaitforever
    01-24 11:27 AM
    Filing for I-485 is better as after six months, the employers can not do much. Disagree with this post altogether.





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  • santb1975
    12-24 09:33 PM
    ^^^





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  • raamskl
    07-12 09:35 AM
    a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?
    -M

    Yes, you can. You can switch to H4 and back to H1 without worrying about the Cap limitation. The only point that is little hazy is how long can you stay on a H4 before you can get back to H1 without the cap limitation kicking in. As the H1 is given in 3 year installments, would you have to get back to your H1 before that 3 year period ends, if in the middle of that period you had switched to H4?
    Say, you had obtained your H1 in Jan 2007 and is good until Jan 2010 (3 years allotment), and you switched to H4 in Dec 2007 using up 1 year of your H1. I think that you can switch back to H1 without the cap limitation ONLY until Jan 2010 and your new papers will give you another 3 years of the remaining 5 years of your H1.
    Let me know what you find. Good luck.





    Project_A
    05-16 08:17 AM
    May I know if H1 transfer has any affect on parent�s arrival during the transfer? I sponsored their visa using company A's employment letters and they have a valid visa. Do I need to get a letter from my new employer to avoid issues at POE? At the time of parent�s arrival, I would be working for company A, but by the time they return, I will be switching to company B and moving to a different city. My H1 transfer is already in process.





    snowcatcher
    05-22 08:02 AM
    I believe this is the transcript of the article that was referred above. It says March 2006 on it and it was done for House Subcommitee on immigration. Hope this link works.

    http://www.nfap.com/researchactivities/articles/Testimony033006.pdf



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