Saturday, June 11, 2011

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  • vin13
    01-16 01:28 PM
    You may be right on that.

    But the real question in this case is will the person be subject to yearly cap (lotter system) or be considered as a H1-B transfer kind.





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  • stirfries
    12-02 01:27 PM
    Thanks SS777 !!!

    I am optimistic as well !!! I am just hoping that I receive the documents by end of this week !

    But at the same time, I wouldn't want to sit idle, just hoping !!! :)

    I am going to try whatever options that might be available, to speed up the document receipt, if it is possible !!!

    Probably, I can set up an appointment with InfoPass, sometime next week, and see what they have to say about this...

    The scary part is, I have read several posts by other users who had reported the loss of document once it has been mailed out by USCIS. I hope I do not fall into that category and I want to be aware of the next course of action, if indeed, I fall into that category.

    Cancelling my Tickets is the last option that I have in my mind !!!

    The things that we have to go through to get a GC !!!! :)

    My attorney finally received the AP documents on hand, 16 days after the online status had changed to "Document Production or Oath Ceremony".

    At least, now I don't have to think about postponing my Tickets !!!

    Hope it works out for all you folks !!!

    Good Luck !!!

    Thanks,





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  • apb
    09-14 06:52 PM
    I missed out on this one...





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  • Leo07
    03-31 03:03 PM
    Good Luck!



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  • GCneeded
    05-26 11:20 AM
    Thank you core Team for all your efforts
    Thank you QGA for the great work and helping us out in a big way.
    Thank for all the senators for making this happen.
    Last but not least ,A BIG THANK YOU for the family of core members who had to put their social life on hold when the core team was working for our cause.

    We are ready for the next battle with the core team and QGA in the lead.





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  • rskanth
    08-08 06:19 PM
    And you know this how?:confused:



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  • martinvisalaw
    11-25 01:10 PM
    I can't really answer your question without more details, but here are some factors to consider:

    1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.

    2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.

    I hope this helps.





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  • cris
    08-30 10:59 AM
    now, I'm really confused . Based of the last comments, she or he (I'm not familiar with indian names- sorry ) travelled outside USA while application for extension was pending . and got approved AFTER arrival .

    guys, there is something, somewhere to read or to get a proper information ?



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  • haritha
    02-19 08:54 PM
    Cataphract

    Thanks for the update. This surely will inspire many more. You guys form a Brilliant Team. Good luck.

    Haritha.





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  • raydhan
    05-24 08:24 AM
    Thanks everyone.

    I am just glad to be a part of this effort. Thanks for all the encouragement and support.

    Regards,
    Salil



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  • ysnraju
    07-25 10:45 PM
    So far not come across
    But for Filing only Primary and dependent after that all the dependents and primary applicants will have their own Application Numbers and so.
    So no wonder Dependent may get approval.....
    But lot of questions araises
    Just for argument shake please do not expect to happen but for argument
    if the Primary applicants is not eligible then what they will do ........ :)
    .......





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  • gcnirvana
    10-25 05:31 PM
    Primary and secondary applications are totally independent once its receipted. I got my EAD 3 weeks ago but nothing for my wife. The status says 'Received and pending'. After FP, my LUD got updated but again nothing for my wife.
    Go figure...:confused:



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  • krustycat
    03-11 09:12 AM
    Anyone Know How To Start New Thread?
    Use New Thread button
    http://immigrationvoice.org/forum/newthread.php?do=newthread&f=5
    But if you need to change employer you might open your new thread in this forum: AC21 Portability after 180 days of 485 filing.


    How does USCIS know about salary ?
    They have your previous W-2, taxes or paystubs from your previous applications and extensions (such as H1, Perm, I-140) and they'll ask for your W-2 or tax return if your application is non-concurrent and your I-140 was approved at least one year before. Otherwise they'll ask for your company's tax return or financial statements to check their ability to pay.

    485 non-concurrent check list:

    1. copy of all of the pages of the Passport (valid for 6 months or longer);
    2. Copy of recent I-94, Arrival/Departure Record, front and back side;
    3. Copy of all Approval Notices (i.e., H-1, H-4, L-1, L-2 and etc�) from first entry to the U.S. ;
    4. Copy of I-20 (s), student visa, if applicable;
    5. Copy of Employment Authorization Document (i.e., from practical training while on F-1 status), if applicable;
    6. Birth Certificate or One affidavit and School Leaving Certification along with a Non-Availability Certificate or Two Affidavits of Birth along with a Non-Availability Certificate;
    7. Petitioner, U.S. Citizen�s Income Tax returns along with W-2�s for the period after I-140 was approved;
    8. Alien beneficiary�s Income Tax returns along with W-2�s for the period after I-140 was approved;
    9. Medical Examination including immunizations in a sealed envelope;
    10. Birth Certificate from each applicant (original language and translated if language is different than english), additional to item 6 for dependents, if applicable;
    11. Marriage Certificate (original language and translated if language is different than english), if applicable;
    12. Divorce Certificate (original language and translated if language is different than english), if applicable; and
    13. Photographs (4) from each applicant

    IRS also send the w2 information to USCIS? No.

    whats the criteria of judging the salary? Is it w-2 or pay stub ?
    Either way that fit best for you should be OK, but usually is W-2 or/and tax return. You can attach a note stating if you used personal leave or sick leave. I don't know if that's useful. I think that in some situations less documents you send, less questions they'll ask. Anyway, they'll issue a RFE if they want something more from you.
    The fact is that they don't judge your salary, they just judge your company's ability to pay you in a future employment. They have to prove that ability before approve your GC. If you are currently getting paid as much as the proposed salary, you should be fine.





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  • anishNewbie
    09-11 11:38 AM
    @vsuri , @prasadn, @eb2_mumbai

    Thanks guys for sharing your exp.. this is what i was talking about.. it gives me some confidence starting my GC...Any1 out there please share your experience on EB2 filed as MS + 0

    Could you guys tell me that ur advertisement/job requirements -- had any alternate education in it..like BS +5 as per the norm..

    If yes, then it would be gr8.. if u can have a look at ur LC/9089 form and let us all EB2 aspirants know that..what did you specify in your H section..at 4(as min requirements-- MS or BS +5) and what as alternate requirements(8-A,C)

    Did any of you guys, or any1 here had to prove Business Necessity when they filed EB2..

    Thank uuuuuu.....:D (P.S. looks like we are going to beat NZ todayy)



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  • willgetgc2005
    03-28 01:39 AM
    Hello,

    My PERM ad was placed and the lawyer said there are responses and company will have to take recruitment steps before he can file.

    Company say he has done recruitment and sent report to lawyer. Lawyer says no, I have not received recruitment report. What is this recruitment report ? Is the PERM application not strong if there are responses.

    I am really struggling between lawyer and company. Any thoughts. They seem to be dodging me after taking money. If i have some details from experinced gurus, I can talk to them. Else, they just delay after taking legal fee.

    Please help





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  • chanduv23
    03-04 11:36 AM
    The answer could be
    "I have unrestricted employment authorization that allows me to work for any US employer just like green card holder" [example]

    Employment can ask for valid employment authorization, but not for kind of employment authorization.

    U.S. Department of Labor - Find It By Topic - Equal Employment Opportunity - Immigration (http://www.savingmatters.dol.gov/dol/topic/discrimination/immdisc.htm)
    [From the link]
    The Immigration and Nationality Act (http://www.savingmatters.dol.gov/cgi-bin/leave-dol.asp?exiturl=http://uscis.gov/graphics/lawsregs/INA.htm&exitTitle=Immigration_and_Nationality_Act&fedpage=yes) prohibits employers (when hiring, discharging, or recruiting or referring for a fee) from discriminating because of national origin against U.S. citizens, U.S. nationals, and authorized aliens or discriminating because of citizenship status against U.S. citizens, U.S. nationals, and the following classes of a aliens with work authorization: permanent residents, temporary residents (that is, individuals who have gone through the legalization program), refugees, and asylees.



    ________________________
    Not a legal advice.
    US citizen of Indian origin


    Well - we all know this but if the question is "Do you have a Green Card? Yes or No ?" if you give the above answer, you have not provided a specific answer.

    If you notice - job sites like dice etc... have drop downs that make you choose your work authorization (GC, EAD, H1b .....) and your work authorization is automatically visible there.

    Monster, careerbuilder and some job sites do the right thing by asking "Are you authorized to work for any employer? or do you need sponership" - which makes sense to ask. An employer always has a choice to sponsor or not because additional costs are associated.



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  • GcInLimbo
    11-18 01:22 PM
    Timeline is from Dec 16 2006(Previous H1B expired on this date) to July 18 2007. This is when my H1B extension was pending due to an RFE. USCIS received my 485 application on July 18.





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  • nixstor
    08-30 01:19 PM
    You are doing a pledge right now. So go ahead and pledge what you have and try to bump them to 25K. Some short flights need only 15K miles. For example United charges 15K miles for trips between IAD and ORD often.

    Here is a link on how you can add 5k more miles if you would like to.

    http://www.continental.com/web/en-US/content/onepass/earn/default.aspx





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  • ziggy7bs
    03-18 12:23 PM
    I am having the same problem. i did not know about the 180 days rule until my LC had expired. what did your lawyer tell u to do? did he call uscis to explain? did he call DOL to see if they could extended the LC? please reply to this. i am going to lose my PD of 020106 if i can"t get them to accept the LC.





    Lydia
    06-18 11:26 AM
    perm2gc,
    Thank you for ur suggestion... I am planning to reply to my RFE stating the same(employer denying with his and company details) and additionally another coworker of the same company reference letter.





    prioritydate
    07-23 11:32 PM
    She must have had any idea before getting married. What was her consideration and how she thought of bringing him here to U.S?



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