Thursday, June 9, 2011

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  • hpandey
    07-03 02:35 PM
    Are you going to Mexico on a personal or official company business. If it is a personal visit I would advise you to wait until the H1b approval comes through.

    On the other hand if its an urgent company work then I would advise you to consult a lawyer and do what they say .





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  • chanduv23
    10-15 07:29 AM
    Recently I came across a different situation where outsourcing caused to lay off GCs and citizens(Ind origins).
    My friend is working in a medium company for 5 years after he got GC.
    Comapany decided to outsource certain piece of project to TCS and in that effect my friend was laid off. I think in future this might more often to us who are waiting in line for GC. May be it is part of life ....
    Most funniest part is company has prepared a official guidlines to employees how to communicate with indian team (which is mostly located in India).
    here are examples...
    1) when they say they understood every thing, do not take it seriously. Ask them explain what they knew.
    2) during discussion do not use any US slangs. Talk to them in simple english.
    3) do not be surprised for few new words like FUNDA, Bouncer, Sixer (cricket), Yaar,
    4) know something about cricket. Indians love cricket game.

    The world is flat. Any job that CAN be outsourced, will be outsourced. Now, it may be India, but other places are catching up. No matter how efficient you are and how much knowledge you have, if your job CAN be outsourced, it will be outsourced. Companies hire specialists who do the ourtsourcing process. Almost all layoffs are a result of moving the jobs out or closure of partial or complete businesses.

    For outsourciong, all we need is a high speed internet connection and a skype software as a bare minimum.

    Yes, this is a constantly changing world, none of the jobs are stable and things keep constantly changing. Read the book "The world is flat" by Thomas Friedman and you will understand what it is all about





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  • kaisersose
    07-26 03:20 PM
    Can one change status without AOS receipt. I saw I 539 (change of status) form and It is written to gove more specifics if you applied for permanent residency

    Just mention you applied for 485 and you are waiting a receipt. Use the bright colored paper option they recommended for such situations.





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  • Milind123
    07-26 12:02 PM
    USCIS - Direct Filing Addresses for Form I-485, Application to Register Permanent Residence or Adjust Status (12/03/09 N version) (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    USCIS Phoenix or Dallas Lockbox, based on where you live.

    I think this box is applicable to you

    Based on a pending or approved Form I-140, Immigrant Petition for Alien Worker. (Note: You cannot concurrently file form I-485 and form I-140 at a USCIS Lockbox facility at this time. Refer to the Filing Instructions on Form I-140 if you want to file the forms concurrently.)

    (You must include a copy of the Form I-797C Notice of Action, showing that your Form I-140 was accepted or approved.)


    Please note the addresses were revised fairly recently (12/03/2009). Your lawyer may not be aware of that.



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  • ksairi
    08-17 04:47 PM
    See all of you in rally !.





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  • godspeed
    01-06 09:19 AM
    very good advice
    thanks for sharing this info
    I just got back from India 2 days ago using AP. I am no longer on H1-B. My port of entry was philadelphia.

    Initially, our finger prints and photos were taken and sent to Secondary inspection.Usually anyone using AP to enter will be subject to secondary inspection. At the secondary inspection after verifying our AP , the officer put a seal saying AOS with a date on the AP and I-94. They will retain one copy of the AP and return one back to you. Passport and un-expired AP(both copies) was all that was needed.

    When you first approach the Immigration officer let him know that you are using Advance Parole.

    Surrender all your i-94s while leaving. Make a copy for your records (both sides).

    I was also prepared with a letter from my employer stating that i am working as .... since ....... Just a 2 sentence employement letter from my HR and carrried copies of my recent pay stubs. Also kept my i-485 receipt letter and i-140 approval letters. All these are supporting documents. Its good to carry them if they inquire more.

    The immigration officers were very friendly. No issues or concerns. Nothing to worry. i have changed jobs twice using my EAD now.

    Word of advise. when talking to the immigration officer, keep your sentences short and to the point. Smile and greet when you meet. Try not using abreviations for example AP. Say 'Advance Parole'.



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  • morchu
    07-26 04:36 AM
    Check the labor laws. Sometimes the 60 days notice requirement maybe voided by law. Also check the exact terminology in the job contract. Binding you to an employment via any kind of contract is not authorized.

    Anyway, even if you send the AC21 letter after this 60 days, it still should be OK. You may not even get an intention to denial letter, because revocation of 140 takes time as well. Even if you get the letter, you can reply to it mentioning your job change, and ac21 invocation, and it should be OK.

    In the worst case scenario, you can always file a new LC and 140 with your new employer and still keep the old priority date (even after revocation of old 140, just keep the copy of old 140 approval letter). That way you will be in same exact state in less than a year (PERM takes around 3....4 months, 140 premiumprocess takes less than 2 weeks, and most probably you may not be too far from current, and can file 485).

    As a whole, my suggestion would be that, don't let a pending green card process stop your career growth. You never know how LONG you might stay in halt state in your career, if you do that, especially because of the whole GC processe's ultimate uncertainty.

    There is always ways out (AC21, newGC process but same priority date etc.)
    And in the worst case it may get a bit delay for your final GC approval. But I tend to think, that is OK when compared with a steady career growth.

    If you tend to stuck with the same employer, in halt state of your career growth, merely because of GC process, in the end, after getting the GC approval, you will realize that it was foolishness and getting GC a bit earlier was not that important.

    Well the above is my personal opinion. Ultimately it is your choice.

    -Morchu


    My question is:
    My I-485 is pending for more than 180 days and I have I-140 approval as well.
    I am planning to change job as soon as possible but I have to give 60 days notice before I resign my Job as per our Employment terms and conditions.

    If they withdraw my approval I-140 status between 60 days, what is going to happen my I-485 Status? Still is valid my I-140 and Can I use Ac 21 as per UCCIS memos.
    �Do I need to send AC 21 first before opting by the New Employer?
    Thank you.





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  • insbaby
    07-31 01:13 PM
    Dream:
    EB3 I - OCT 2004 - CURRENT (Long long ago.../Once upon a time...)

    Happened:
    EB3 I - OCT 2005 - 01/JAN/98
    EB3 I - OCT 2006 - 22/APR/01
    EB3 I - OCT 2007 - 22/APR/01
    EB3 I - OCT 2008 - 01/JUL/01

    Expected:
    [Deleted as people take it seriously]


    Here is the updated content:
    EB3 I - OCT 2009 - God Only Knows
    EB3 I - OCT 2010 - God Only Knows
    EB3 I - OCT 2011 - God Only Knows
    EB3 I - OCT 2012 - God Only Knows
    EB3 I - OCT 2013 - God Only Knows
    EB3 I - OCT 2014 - God Only Knows



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  • glus
    02-19 01:54 PM
    Hello, I'm wondering what steps I need to take in order to help my husband become a US resident (eventually a citizen but one step at a time). I have figured out that we need to fill out an I-130 but I keep seeing everyone talk about an I-485 and I'm curious if we need to use that one as well, and how many others???

    Really quickly, our history: I'm a 19 year old US citizen by birth, and my husband is a 27 year old undocumented alien from Mexico. We just got married on Valentines day 2011 and I'm pregnant also which is why I would prefer to do this quickly as to prevent a possible deportation although he is an amazingly wonderful guy who's never had a run in with the law, it's just a constant concern of mine. =( He also has a 5 year old son from a previous marriage with an American woman (she cheated on him, and then divorced him) who we eventually would like to get custody for since his mother is a very bad person but that's another story.

    I realize this is a complicated process that most people would suggest using a lawyer for, but I know there's people out there that have accomplished this without one and so that is my goal to do this on our own but I'm thinking that some advice from experienced individuals would benefit me greatly in this task. =) Any help you're willing to give would be greatly appreciated!! Thanks so much <3

    hi,
    Congrats on your marriage. If you are a U.S. Citizen and Husband entered the U.S. in a legal fashion (with a visa or any other LEGAL way) and can prove this, and if he has never been deported, or deported in absentia and has never committed a crime that would cause him inadmissible to the U.S, then you, the petitioner would file form I-130 for husband and at the same time he would file form I-485 to adjust status to a U.S. Permanent Resident. Both petitions would go together in one envelope to one location. Alternatively, you can file form I-130, wait for its approval, and once approved, your husband would need to file form I-485 to adjust status. I hope this clarifies a little bit? Good Luck.
    Once again, if your husband has no criminal history and he entered U.S. legally, this is a straightforward case, assuming you can show the necessary income. Both form instructions explain how to do it and how to submit the applications.





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  • karthikgk
    02-19 07:01 PM
    Thanks guys for making the effort to understand my situation.

    i now need a couple of clarifications:

    pune_guy, you are spot on in your interpretation that it would be a hard sell for an EB-2 application with the current employer.

    So now, if I do change a job, I would have to use my EAD and hence I would have to join as an engineer(Because my understanding is, even though my current role is Business Development, my GC application is for an Engineer role and hence any new job based on EAD would have to be that of an Engineer).

    Is that understanding correct?

    Further, the new Eb-2 application from my would-be employer would be for an Engineer position.

    Are my assumptions correct?

    Thanks much



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  • i4u
    07-28 08:57 AM
    Thanks for your response. I have not tried the infopass yet. But my PD is not current and will that be an issue for scheduling an Infopass apointment.

    Also, is Infopass same as Service Request (SR).

    Service Request is for those who are waiting for more than 90 days for check clearance or to report a problem. Also check IV wikki (http://immigrationvoice.org/wiki/index.php/Technical_Terms_on_US_Immigration)





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  • rb_248
    03-31 08:54 PM
    What about you? your PD is current right? any chance that you will get it soon?

    Already got it....last September. Thanks for asking.



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  • BornConfused
    07-03 10:21 AM
    u talk like a kid in class II.

    In the second grade you mean? And yet you're the one using "u" and in lower case letter. Chill and use your sense of humor if you have one.





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  • cgs
    03-15 08:10 AM
    Can you explain?

    And finally, I hope whoever you referred did get a full disclosure from you that you might be compensated for the referral :-)



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  • meridiani.planum
    11-25 10:20 AM
    I would suggest just sending the G-28 forms with the new attorney information. Once this is submitted, call USCIS customer service a week or two later to confirm that the correct attorney information is on file. Later, if you wish, you can send the AC21 documentation. As always, any documents to USCIS should be sent by certified mail or something similar to show the proof if you need it later.

    As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.

    I second this advise. Just send the G28 and confirm in a couple of weeks to see if the attorney address has been updated.

    on a related note for other AC-21 filers: see if you can hang on to your older attorney. You might be able to retain them independent of your old employer (by paying fees on your own). Keeps the USCIS file clean, and also you stick with someone who presumably knows your case a bit better having worked on it from the start.





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  • gcseeker28
    07-28 03:54 PM
    So, I was talking to one of the attorneys and he mentioned that one should contest the denial within 30 days and as long as it is approved, we don't have any problem. But, if the MTR is rejected, then all the days that have been accumulated after the denial will be in illegal status.
    What is the probability of cases of MTR getting approved after the relevant documents have been published?
    For the client letter denial reason, did anybody furnish further documents?
    Appreciate your inputs



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  • Libra
    08-03 12:53 PM
    What made you think like that? did you find anything wrong in my post? anyway, i still request you to consider any type of contribution towards sept rally.

    Thank you for your post:D

    You are a jack ass





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  • hojo
    09-04 09:12 PM
    awesome, thanks for the tutorial, thats mighty handy Jubba





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  • interested
    01-18 01:34 PM
    Humanitarian Parole was specially created for cases like this. You can apply at the US Embassy. Your wife can apply for Humanitarian parole at the same time and it must be decided by the staff at the Embassy. Of course, you can also apply in the US if at the Embassy doesn't work but I hope that you don't have to do this. Contact the office of the Ombudsman at USCIS in your city. They can help.




    Hi, I'm in a desperate situation.I am an asylee and have filed for my LPR.My asylee relative petition has been approved for my wife.
    My problem is: a have a newborn baby who resides with my wife outside US and the US Embassy did not issue him any kind of visa,since my wife went for the interview after the petition was approved.She is all set and done,but my baby got born after I've been granted asylum and couldn't file the asylee relative petition for him.The law says that babies born after the asylum decision are not eligible for derivative asylum.I read that Humanitarian Parole would be a solution for these cases,but the officer at the embassy claimed that I should file a relative petition for him ,or file for humanitarian parole here in the US.
    My question is can my wife file for Humanitarian Parole at the US embassy,or is there any other way
    I read that US Embassies abroad are authorized to issue humanitarian paroles.I think this is the mos inhuman decision I ever heard of and it's about my baby.
    I would really appreciate any help

    (This is what I found on the internet)
    QUESTIONS SUBMITTED FOR NSC CONFERENCE CALL
    REFUGEE/ASYLEE ISSUES
    FEB. 28 2008

    5) I-730 CASE or HUMANITARIAN PAROLE? What can be done for the
    beneficiary spouse of an I-730 Asylee Relative petition if she gets
    pregnant and has a child (from the petitioner, of course) after the
    petitioner was granted asylum �therefore this new child is not considered
    a derivative- but before she completes the Visa 92 process at the US
    Embassy. Does the US Embassy have the authority to parole the
    newborn child for him to join the rest of the family in the US?

    Answer: If the child was in utero at the time of the asylum grant the
    regulations provide benefit to that child as a derivative under 208.21(b). If
    the child was not in utero and the relationship with the child was after the
    asylum grant, then a I-730 petition can not be filed on behalf of this child.
    The U.S. Embassy does have the authority to grant a humanitarian parole
    and that would need to be addressed with the U.S. Embassy.





    roseball
    02-07 12:57 AM
    Hello there

    I am student from Tri-valley university. On Jan 20th the college got shut down. I am working on CPT. I came to know about the shut down through my friends, with whom immigration officers met. Although no immigration officers contacted me by any means, my friends suggested me to look for another college and get enrolled as soon as within 30 days. While I tried to enroll in another college, I came to know that still the sevis is not yet released. Until the college releases our sevis, we are unable to enroll in any other college. We are elible to work only if we enroll into the college, get an I-20 and CPT. Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?

    Thank you
    Chaitanya

    Looks like your only worry is to get admitted to another college so you can continue to work on CPT.....You show no concern what so ever regarding the credits you earned so far (if at all any), courses you are currently enrolled in and the fee you paid......It seems you are one of the students who knowingly enrolled at TVU so you can work from Day1......





    wa_Saiprasad
    12-14 10:09 AM
    Well you can always get the Equivalence Certificate from know Evaluator. USCIS also uses few Evaluators’ for various purposes. You should find one of those and get the Evaluation done by them. 3 year Indian degree is VERY MUCH equal to a 4 years BS degree in the US. It's very interesting they way these evaluators do it.



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