Friday, June 10, 2011

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  • little_willy
    07-25 12:38 PM
    I changed jobs recently and retained my attorney from previous employer even though I had the option of using the current employer's attorney for free. The reason being

    1. I had good relationship with my previous attorney.
    2. I never know when my dates (EB-I 06/03) will be current and in case of a layoff or future job change, we need to update USCIS with the new attorney information which I thought will raise a few eyebrows and was not comfortable with this option.
    3. Even though you change attorney and send the updated details to USCIS, chances are that they don't update the system and any RFE or information may still get sent to the original attorney that filed your I-485.

    Note, that I am not suggesting you one way or the other, these are the reasons for making my decision, hopefully this will help you make an informed decision.

    Thanks.





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  • spec1968
    10-25 09:31 PM
    Hi Seniros

    My 6th year h1b is expiring on April 30, 2008. I applied labor through PERM on October 1, 2007. How to stay legal in this country until approval of 140. Converting to F1 or B2 will cause any problems to green card process. Please advice.
    Thank you





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  • meridiani.planum
    07-09 01:08 AM
    New company lawer is not accepting EAD, even though we don't have written approval confiramtion

    How to conivince him to use EAD unti we got the phisical card?

    Until you have the approval letter in the mail from USCIS or the physical card, they should be able to accept the EAD, as far as they are concerned its still a valid work document (all that has changed is an online status right).

    Otherwise just wait a couple of weeks, you will hopefully have the GC in hand.





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  • everonh1
    07-22 12:32 PM
    What is the basis for applying an interim EAD??
    Can anyone who has not received EAD apply after 90 days without any specific reason to be stated??



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  • gk_2000
    01-04 11:36 PM
    Well you do have to give them some credit for restoring the balance with UK... Maybe this will be good time to bring up social security savings

    On another matter -- birthright citizenship.. there could be a window of opportunity to include provision against country limits, as both use country of birth as the criteria.





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  • jingi1234
    08-19 05:30 PM
    Hi Friends,
    My PD is Mar, 2005 filed under EB2. Me & My wife got an RFE asking status for a particular period [like May 01, xxxx to Feb xxxx]. These dates exactly fall under just one month before graduation to OPT expiration.

    For my case �.. no issues providing evidence and everything is straight forward.

    But for my wife �.we have some issue (I think)

    USCIS wants her status from May 01, 2003 to Mar 01 2006.

    She graduated on May 23, 2003. She used 60 days grace period before applying for EAD.

    OPT from July 31, 2003 to July 30, 2004 [exactly one year and was looking for job�didn't find one]

    We filed H1B in April, 2004 so that she can start working from Oct, 2004 [H1B approved for Oct 2004 to Sep 2007 ..extension approved too�]

    But No status from July 31, 2004 to Sep 30, 2004 [USCIS issued a gap relief for all the F1 students like this]�.

    What are odds that her case might we rejected�any opinions here.

    Thanks,
    Jingi



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  • stillhowlong
    01-28 07:19 PM
    Best is to be open about everything. PERM does not depend much on hiding facts to get approved. Ultimately, with newer checks in place, DOL or USCIS can easily find out. Best is to find out if employer needs EB2 person and can pay enough according to SOC code. Based on your qualifications and the above 2 items, you can ask employer to change your title to satisfy requirements for EB2 classification. This way everything is legal and in the open. Once you apply, no stress.....just enjoy life while you wait for GC. :)

    where can we get the SOC codes?

    Thanks
    SHL





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  • looivy
    10-05 12:05 AM
    He needs to wake up and look at the plight of legal immigrants.

    VIA The New York Times

    "Although President Obama has put off an immigration overhaul until next year, the federal agency in charge of approving visas is planning ahead for the possibility of giving legal status to millions of illegal immigrants, the agency’s director said Thursday.

    “We are under way to prepare for that,” Alejandro Mayorkas, the director of the agency, the United States Citizenship and Immigration Services, said in an interview. Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose, said Mr. Mayorkas, who became director in August. The agency’s goal, he said, is to be ready to expand rapidly to handle the gigantic increase in visa applications it would face if the legislation, known as comprehensive immigration reform, passed Congress."


    Continue reading (http://www.nytimes.com/2009/10/02/us/politics/02immig.html)



    More... (http://ashwinsharma.com/2009/10/02/president-obama-advises-uscis-to-prepare-for-possible-legalization-legislation-in-2010.aspx?ref=rss)



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  • chanduv23
    02-27 09:18 PM
    Hi friends,

    We filed I485 in July.We got our Ead and Ap and my hubby is shifting jobs using AC 21. But we did not get any FP notice till now. In our EAD card, it just says fingerprint unavailable. We called USCIS twice but they said that they haven't yet generated any FP notice for us. Even our attorney hasn't received anything. We have to renew our EAD card in June..will there be a prb during the renewal becos of lack of FP?? Should we get an infopass appt for this..is it necessary?
    Anyone in same situation pls lemme know.
    Thanks!

    I am in the same boat. I opened an SR and waiting for response. I am also looking for an answer on this.

    Anyone ? Please.





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  • webm
    05-05 04:34 PM
    RD is Jun 1st 07, ND is Jun 7th 07 - TSC

    I am in the same boat as yours...Waiting continues..

    NOTE:Pls change the title...click on Edit/Go Advanced button and change it.


    ------------------
    EB3-I Oct,2001
    485 RD-June,2007



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  • dc2007
    08-05 10:48 AM
    Any Senior member please help ....





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  • needhelp!
    10-24 10:34 AM
    for gary!



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  • apahilaj
    09-29 10:55 AM
    thank you guys for responding...

    I've called them couple of times but they always say that the FP notice has not been mailed but has been ordered (whatever that means).

    I'll call them again next week and try to open a SR.

    may be they are random again as usual in issuing FP notices as well...they might not be going strictly by the notice dates.

    appreciate your responses guys...





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  • dvb123
    02-10 05:02 PM
    The two categories EB4 and EB5 are disappearing. Both together are around 14% which are 21,000 (7%+7% of 140,000) visa numbers. EB2 will come to 2007 JAN atleast when this 21,000 and last quarter visa numbers EB4 + EB5 ---> EB1 ----> EB2 spillover happens. I think that IV should contact USCIS because these numbers would disappear before march and would not get rolled over to EB3 and EB2.

    http://travel.state.gov/visa/frvi/bu...etin_4428.html
    D. EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES

    First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

    Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.



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  • Immigstories
    01-17 07:17 PM
    Thank you both for sharing your thoughts...

    I have an unexpired H-1B visa stamp in my passport and I have contacted my attorney to upgrade the petition to premium. I plan to re-enter the country with the approved I797 and the unexpired H1B visa associated with the previous employer.

    For some reason, my attorney feels strongly that I need to get visa stamp in my passport from either canada or home country(India), if the petition is approved. Do you see any strong reason why he thinks I need a visa stamp in my passport?

    I have tried to convince him that people do re-enter with the approved I797 with attached I94, as long as they have an unexpired visa of the same class.





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  • sathyaraj
    10-26 12:06 PM
    canmt: pl see the responses below

    sathyaraj:

    * Could you explain which address you sent the AR-11 initially and how did you manage to change to new address using USPS?
    You need to fill AR-11 online in uscis.gov. you do not need to send it any where. You can submit change of address notification with USPS either online or by submitting form available in USPS stores.

    * Did you get any confirmation from USCIS on both occasions?
    Yes. USCIS will send you mails confirming that your address has been changed. But you need to be sure that you are when you submit

    * Did you call USCIS customer service and update them with your new address after sending them AR-11?
    It is fine to do it online. Even if you call and tell them, they will ask you to do it online only.



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  • anilsal
    12-20 12:03 PM
    Recently, Tom Vilsack, Governor of Iowa appeared on Jon Stewart after his announcement as a candidate for 2008 from the democrat party.

    Wonder what is the Governor's stance on legal immigration?





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  • boreal
    02-08 12:38 PM
    In a move that could ruffle a few feathers in the Barack Obama administration, American entertainment giant Warner Bros has said it will be outsourcing jobs to India.



    I think this kind of a thing is going to happen more and more in the future. If you cut-off H1-b supply, choke green card process for legal immigrants (would-be), throw spanners into the wheels of a slowing economy by ill-thought restriction-ist policies, how are the companies going to survive (and rake in the moolah for the investors, get fat bonuses to the CEOs etc)? Its just not possible to hire some citizen who happens to be lying around without work, it just doesnt work that way. Skill-set counts. Otherwise, we would have seen a lot more citizens (whites specifically) around our work-places (software/hardware development). It is not pure coincidental and only to reduce wages that one finds tonnes and tonnes of Chinese/Indian folks slogging around in tech offices. Around 2005 when our company (big storage giant) was trying to hire for our Software development team, we couldnt find many candidates even to interview for regular Network programming (C/C++ types) jobs..so we had to go and hire an entry level graduate (MS), a white guy who had no programming skills (was a Project Mgr earlier, and looking for job) and another Developer from Canada. Ofcourse, I didnt even clear the guy with no programming skills but my manager took him anyway as we were not even finding folks to interview..and the guy left after a couple of months unable to cope with programming related challenges..Long story short, you need the right set of people to work the right set of jobs!

    This is something that idiots like Grasslet/Sessions/King etc will never understand. All they are trying to do is pander to a particular vote base and thats what they will continue to do.





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  • what_if
    01-25 07:36 PM
    Your wife does not have to run payroll to get money from the company. She can just withdraw money from the company whenever she wants. Just make sure that the taxes are paid correctly when you file for taxes.

    I have registered an LLC on wife's EAD. She is the sole owner of the company and working as a contractor for another company and getting salary on her company's name. Before she registered this company she never used her EAD. She is/was on H4 visa.

    What needs to be done to make sure she in on her EAD now and not on H4 anymore?

    How she can become an employee of her own company and get payed every 15 days.

    What needs to be done to run a payroll and pay herself salary on monthly or bi-monthly basis?

    Please advise.





    kart2007
    10-24 06:38 PM
    I have called the IRS for this scenario and the IRS rule is that the dependent has to be present in US for at least 180 days. Also they need to have an ITIN applied for (you can also apply for ITIN while filing your taxes).





    USDream2Dust
    09-24 10:13 AM
    but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.

    also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.

    We had lost 13 valuable days because of address they used in RFE.

    Good Luck.!!



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