Tuesday, June 7, 2011

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  • txh1b
    08-18 12:21 PM
    To be safe, do it even if you get an attached I-94 as you began working. You never know what sort of a minor infraction can lead to a huge trouble later on. Good luck!




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  • gee_see
    10-19 12:06 PM
    As i mentioned in my first post, new job offer salary is more than prevailing wages for that location.

    My concern is how USCIS will interpret AC21 cases where the salary is more than prevailing wages for the new location but less than specified in LC.

    Does it help if we include a letter explaining salary difference and prevailing wage information for the new location from DOL site

    Please advise




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  • gee_see
    10-19 12:06 PM
    As i mentioned in my first post, new job offer salary is more than prevailing wages for that location.

    My concern is how USCIS will interpret AC21 cases where the salary is more than prevailing wages for the new location but less than specified in LC.

    Does it help if we include a letter explaining salary difference and prevailing wage information for the new location from DOL site

    Please advise




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  • syzygy
    07-21 10:41 AM
    This is smart idea. Will convey the message to right people.

    This idea was floated a few years back, but then we did not have the win of a flower campaign behind us.

    We now have a senator to focus our energies on - Dick Durbin.

    How about everybody with a US degree send a copy of the diploma in a packet to Sen Durbin with a message - Dont hold us hostage because of a few bad apples..something to that nature?

    Alternatively we can send it to Sen Obama asking him to please let the senior senator from illinois, sen Durbin, know we are high skilled immigrants - dont hold us hostage because of a few bad apples.

    maybe we can send an apple too :D

    sending to sen obama will make sure the issue is played in media because of the presidential coverage.



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  • rahulpaper
    11-09 10:04 AM
    We have a very similar case as yours...No FP and RFE on AP....
    our 485 is NSC>CSC>NSC ...hence it is slow...my lawyer asked to wait for another month (60 from notice days)
    RFE on AP is processed at NSC>CSC...

    which means my 485 is back in NSC and AP is still at CSC....no connection between two applications.




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  • franklin
    06-15 02:52 AM
    H1 B extension under current laws (if on H1B for 6 years)


    3 years extension if I140 approved and PD NOT current

    1 year extension if LC approved and PD IS CURRENT


    EAD or H1B - both RIGHT NOW are only 1 year extensions...

    As I understand it, as long as you don't travel using your EAD, you can maintain H1B status. If you use EAD, you lose H1B

    btw - as a side note, having multiple questions in 1 thread is almost impossible to track and answer. Ever heard of thread hijacking?!



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  • Radhika
    07-09 01:12 PM
    upgraded on June25 to PP got status changed on 30th. Received approval notice by attorney on July 6th




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  • andy garcia
    07-17 10:26 PM
    I-140 was from TSC; I filed on July 2..but the employment letter was addressed to NSC. Will that be a problem?

    You are OK. This is taken from the 485 instructions.
    File all employment-based AOS applications at the following address:

    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    This includes an employment-based Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an employment-based Form I-485 filed based on a pending or an approved Form I-140. To facilitate acceptance and processing of Form I-485 when Form I-140 has already been approved, submit a copy of the I-140 approval notice.



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  • jayleno
    12-02 05:44 PM
    For H-1 extension based on Labor, the filing date is considered. The filing date has to be more than 365 days.
    I have a question..
    Applying labor before 365 days of H1 expiry is enough
    or
    Approval of labor before 365 days of H1 expiry is required
    for getting extension of 1 year on H1 visa ?




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  • bmoni
    12-22 08:42 PM
    I thought the same thing when i read it first time ...
    see the very next sentence after that statement

    once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. "This includes cases where a change of employer has occurred"


    If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.

    once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.

    So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.



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  • hope2007
    04-18 11:32 PM
    I spoke to company attorney they said as long as job description is same and it is commutable distance then you can change job location. There will not be any problem and you do not have to come back to original work location.




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  • Sheila Danzig
    07-25 10:26 AM
    In all of the years that I have been doing evaluations I have seen only two cases where a GC had a NOIR (Notice of intent to revoke) for education reasons. Both had 3 year degrees. One case was several years ago and approved and the other was recent and just submitted.

    Do you know the reason for your notice?

    Hi all,

    My I-140 was approved 2.5 years back and I-485 was also approved more than an year back.

    But, today the status on my I-140 got changed to "REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD". I am not sure, why did they reopen the case again. I checked with my company and they assured me that they didn't revoke my I-140.

    Could anyone suggest me what's happening to my case. Has anyone seen an similar kind of an issue and suggest me how to proceed ?

    Thanks in advance !



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  • solaris27
    02-24 01:26 PM
    i don't know but he put it there




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  • dixie
    09-19 04:06 PM
    We should just be asking for relief on waiting times, ability to travel freely, and change jobs.

    Unfortunately, this requires a complete overhaul of the immigration system; not minor amendments. For instance, if we want the ability to change jobs freely that is really asking to de-couple the whole H1-B/GC system from our employers. You know very well how things work with current law: EVERYTHING related to our presence in the US; whether that is the work visa, LC or even the PD is OWNED by our employers.

    I do agree that increasing visa numbers does not make good PR for our cause.
    But the only quick and non-controversial fix (without increasing visa numbers) that I can think of is recapture and ability to file 485 without a visa number.

    However, we cannot shy away from explaining how our problems can be solved .. after all average americans have no clue of how their country's immigration system works; if we dont do the explaining the anti-immigrant groups will do that for us with their own interpretation.



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  • santb1975
    02-14 11:02 PM
    We need participation. We know we have committed people in our group




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  • gc_dream07
    06-10 12:53 PM
    I support this move. If it takes 10 years to get the GC after filing I-485, then we should get 10-year EAD/AP. Why should we pay every year throusands of dollar.



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  • chanduv23
    06-16 11:10 AM
    I think we need the list of new congress men/ women to call as part of phase 4 of the campaign.

    Concentrate on your local lawmakers and CHC members. Sometime back, IV experts told us that we need more republican support too so concentrate on republican lawmakers too.




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  • Sandeep
    02-16 05:32 PM
    Let us put it this way. Short term we can get some benefits of the 90 k visas that can be recaptured (140k according to the Ombudsman - 50k which went to Schedule A last year) But now 90k , regardless of whether it frees numbers for all countries, is going to be a short lived relief . With so many cases coming out of the backlog, there has to be some long term solution for this. All the comprehensive immigration bills had been talking of raising the per country quota by a couple of % but you have to also see that they are redistributing the allocations to EB1, 2 and 3. So I guess in the long run, there is no other option but to increase the overall quota




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  • ItIsNotFunny
    01-08 04:53 PM
    IVians
    I applied for I-485 during in July 07 and have I-140 approved.
    I renewed my passport last week, new passport number is different.

    Should I inform USCIS about this change?? is there any process/form for this?

    Please share experiences, I'm sure many of us must have experienced this.

    No need.




    clifford
    02-03 05:43 PM
    Probably 1929 depression and current times are not similar. So BTW were those 400K maxicans holding any type of Visa ? Currently as far I know all the 65K H1b Patitions were approved, I do not know for what reason ? If situation was that bad may be only 10,000 k could have been approved and limit could be dropped to 15k for say a period of next 5 years. I am pretty sure that is not going to happen. The Anti H1 wave was probably started by Nobel Laureate Obama when he pointed to Bangalore and then Lou Dobbs and then Senator Grassley and so on. Now if you look at job boards it is clearly mentioned by many job postings "Please no H1Bs".

    Lets not forget that H1B had been misused by many desi firms as well.




    xgoogle
    08-20 01:48 PM
    I just called USCIS and according to the person I spoke with, it takes approximately 30 days from the date of approval of primary applicant for approval of dependents.

    I doubt if that is the case. I know people where the whole family got it.

    Also check out this other thread:

    http://immigrationvoice.org/forum/showthread.php?p=279578&posted=1#post279578



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