Sunday, June 26, 2011

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  • bluez25
    10-29 07:01 PM
    And I am not a lawyer.. trust your instinct and change jobs...




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  • Daisy
    10-26 10:31 AM
    I have a question: How many months in advance should you apply for H1 extension? Do you get extension from the date you applied or from date when your H1 expires?




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  • japs19
    01-22 11:18 AM
    Red my other posts where I wrote my experience as I was asked the same question. But here's the answers to your questions in nut shell.

    If you have a valid H-1 visa then just stick to it and don't us AP unless you have to.
    If CBP officer don't ask, you don't tell, but if s/he does, be HONEST and tell them that you don't. It will really stir the pot but politely tell them that GC on Employment Base is for future employment and that has been my understanding and in good faith my intentions are to go and work for that employer.
    They can really harass you for hours like they did me for 6 hrs and then was told to go downtown office. BTW just on a positive note, my AP has been stamped and I am good to go.
    There is no law that defines that you have to be working for the original petitioner while your application is being processed but just ethically it's a much better situation if you are employed by the same employer. CBP offficer's argument was that "what's the guarantee that you will go and work for that employer after approval of your GC? or what is the guarantee that they will have that position open for all these years as it may take a very long time?" I told them with a chuckle on my face that if it hadn't taken USCIS 3-4 years to process that application, that wouldn't be the question but they are still processing my file...I mean how many people you gave an offer letter who you want to start after 4 years as a CBP officer?" He gave me a rude smile and walked away to secondary check section.
    Anyways....long story short, be honest, have patience and don't show desperation to enter the country.
    Good luck...
    Looks like Immigration Officers at Port of Entry are asking the AP entry individuals if they are still working from the GC sponsoring company.

    I am planning to travel on AP and is not working anymore for the GC sponsoring company.

    1. What would be the reaction of the Immigration Officer if he finds out that I am NOT working from the sponsoring company?

    2. What documents should I carry to ensure the I will be allowed to re-enter to US on AP with my current non-GC sponsoring company offer letter, pay-stubs etc?

    PLease advise




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  • jonty_11
    01-31 01:49 PM
    I think we need to help ourselves, please contribute to IV and help yourselves.



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  • santb1975
    04-25 12:00 PM
    I am using AC21. I start my new Job on Monday. I have had an independent attorney of my own for the past 3 years from whom I get a second opinion from time to time. I have already hired them for my AC21. I really liked the attorney I was working with through my old employer as well and at this time I do not know if my I-140 will be revoked. My employer will keep me in the loop with anything. My attorney has already prepared an AC21 package. Take a look at Page 3 of the Yates Memo. Here is the link (http://shusterman.com/cgi-bin/ex-link.pl?www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf). Here is an extract as well

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that
    the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under
    the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to
    the office having jurisdiction over the pending Form I-485 that the new offer of employment is
    in the same or similar occupational classification as the offer of employment for which the
    petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the
    alien has not submitted evidence of a new qualifying offer of employment, the adjudicating
    officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR
    103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response
    to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of
    employment in the same or similar occupation, the BCIS may consider the approved Form I-140
    to remain valid with respect to the new offer of employment and may continue regular
    processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has
    not established that the new offer of employment is in the same or similar occupation, the
    adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails
    to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny
    the Form I-485.hello folks,
    I am switching jobs after an approved I140 and over 180 days from 485 receipt.
    I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
    - is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

    one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

    I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

    Thank you

    Rex




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  • chanduv23
    06-07 07:39 AM
    Thanks Chandu! Reasons to relocate are family and weather. At this point, I've a decent job in Chicago. Do you think this may be the right time to relocate to an Atlanta area given the economic climate....Also, how r the overall job prospects..

    Not quite sure. I don't live there anymore. Cost of living is low compared to Chicago and also the salaries are low. Weather is good. It is hot, mild and cold - thunderstorms are common, big city, well connected by delta airlines. City is full of new immigrants and it is lively and bubbly.



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  • PMisYMMV
    09-03 11:55 AM
    I am in the same boat as you.. See SLUD on both bases on 09/01/09 with EAC08** pending at TSC. Waiting.

    Thank you for sharing the boat. Although, it is better than being lonely, I don't want anyone in this dilemma.

    I hope we both get ours soon, hopefully by EOD today as other poster was wishing.




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  • InTheMoment
    06-22 10:01 AM
    Reposting this I-485 Standard Operating Procedure (SOP) link again. This gives us a clue of what is checked when the packet is opened in the mail room and then further down with the AO.

    http://www.imminfo.com/resources/cissop.html



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  • eatpavbhaji
    04-22 02:20 PM
    I lost my major young life on green card (around 9 years) and I can just am pray that my labor will be used only for myself and not others.

    LABOR SUBSTITUTION SHOULD BE ELIMINTED RIGHT AWAY.

    ALL OF THEM WHO USED OTHER'S LABOR SHOULD BE INVESTIGATED COMPLETELY AND SHOULD BE GIVEN VISA NUMBERS LAST.


    LABOR SHOULD BE ALLOWED TO CONTINUE FROM COMPANY TO COMPANY OTHERWISE COMPANY CAN PURPOSEFULLY FIRE EMPLOYEE TO GIVE OR SELL LABOR TO OTHERS.

    Below comments have gone to comments for elimination of labor substitution.

    TOP 10 reason to support rule to eliminate labor substitution.

    1> So many years, labor applications were misused completely. Many Companies were filing fake labor and were using for anyone elsewith lower educated, lower experience people who wanted GC within 6 months instead of normal 4 to 6 years. It is like stealing someone's pocket.

    2> One was waiting for years hoping his labor will get approved and after his labor was approved, company used for another person demonstrating complete exploitation of system.

    3> Many company started selling labor applications as key business

    4> Many companies were giving too less salary indicating that if employee joins with minimum salary and if they sign 6 years of bond then company will use USA's approved labor for anyone.

    5> Most of the companies started asking money from employee. So if employee is saving $6000 per year, they have to work for free for entire year if they want GC.

    6> Why one need to substitute labor when they can file new labor for new person anyway.

    7> Companies started threatening employees that if employee don't do what they say, they will use his/her labor for other and he will loose all 2 or 3 years of labor approval. Why not...it was legal to take labor back and use it like playing cards!!

    8> Everyone knew that they can buy approved labor and get their GC in few months and original owner will loose years.

    9> Who is going to audit whos labor was used how ? Nobody in past from government asked or audited as how come one's GC came so fast and others with better capabilities/education took 5 times. Nobody in past from government asked or audited as if employee was important then why company never filed labor for him and all of sudden used pre-approved labor to have that employee.

    10> Companies used to stock labor applications like grocery (actually like
    gold...can buy/sell anytime !)...after all labor application is cheap and shortcut to save 2 to 3 years and sell in blackmarket.




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  • rani77
    03-17 07:57 AM
    I saw your post completely. It looks like that is a no go but you can try two things open a MTR and file an 140 in EB3 .Also parallely start another new case from scratch . You PD is Aug 2006 which may not seem a big advantage now but in a couple of years of time it will be. This may also cost a bit more so apart from financial aspect it doesnt hurt more to do these do things parallely. You got to take the call. Also make sure that you hire a good /well know attroney , your case typically indicates that the attorney made the wrong decision in filing



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  • panday
    11-21 09:44 AM
    HI everybody,
    I hope we get some response form this. One can only hope. Ihave done my part and lets hope others follow on our example.




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  • DesiGuy
    08-17 10:01 AM
    hi guys,

    my first post at IV.

    I got tired of waiting for my GC and so moved to UK last year on HSMP. After end of 11 months being in UK on HSMP, i filed for extension and received a 4 year "Resident Permit" in 2 weeks.

    So in another 3.5 yrs, will be filing for 'Permanent Residency' and after another 1 year for Citizenship. :)

    Here's another forum which i used and is VERY useful if anyone wants to move.

    http://immigrationboards.com/viewforum.php?f=2&sid=631bece76663f12559e81641d0886c80

    From my OWN experience:

    The PROS

    - Simple straight forward process :)
    - definate timeline on residence permit/permanent residency/citizenship
    - spouse gets same level of rights i.e.wife can work & study with any probs
    - family eligible for NHS (even if u dont have a job)
    - 1 month leave is standard; worst employers give only 4 weeks :p
    - kids have fun, get 'british' education (including school uniforms) and most of all, my kids GK has expanded vastly (knows and hear more abt rest of the world)
    - trips to Europe easy and inexpensive (weekend drive to paris is 2.5 hrs and approx 300GBP for family of 4 ;) )
    - excellent public transport system
    - India is only 8 hrs flight and timezone difference only 5 hrs.
    - get to watch and 'play' cricket
    - my british friends love "curry" and eat more 'spicier' then mine
    - having a pint during lunch is 'normal'

    The CONS:
    - VERY expensive place; u make and u spend, have fun but not much savings
    - JOB market is LOUSY - not easy to get a job
    - Jobs are not as high paying compared to USA, plus u are expected to do more (bit like india)
    - smaller houses, cars, roads, etc
    - no real burgers or tacos
    - after some time u start missing USA

    Again, finding a job is very difficult and it does not pay as much as in US. But its not impossible either, i got one ;)

    Cheers



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  • senk1s
    11-09 01:28 AM
    We were not even included in this counting :)
    our ND is in Oct




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  • PHANI_TAVVALA
    06-17 10:39 AM
    it's fifth-third



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  • GooblyWoobly
    07-18 06:14 PM
    I have couple of questions, couldn't find answers in other threads.

    1. My I485 was filed on July 9th, 2007 (PD Oct, 2005) without EAD/AP (since my lawyer was expecting a rejection). Now, he will apply for EAD/AP, and cannot do it until we get a receipt for AOS, which will probably take more than a month. Given this, I'll be applying for EAD possibly in August end. Is this a blessing in disguise, as, I'll have to pay new fees for EAD, which would mean, I won't have to renew that EAD every year?? Am I correct in this assumption?

    2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).

    TIA.




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  • paskal
    04-09 08:38 PM
    once you use EAD- for fellowship
    you cannot be on an H1 from moonlighting.

    if your wife is with a reputable firm, i would imagine the risk is low with an approved 140

    i would ask a good attorney though.



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  • rolrblade
    07-20 03:02 PM
    Use G325A since it has four pages. Each page will be sent to different places written at the left bottom of each page. My lawyer sent me G325A.

    I disagree. if you read the instructions on Form I-485 it clearly states nder the inital evidence that you are required to submit Form G325A. No where did they mention GA 325.

    So if i were you, I would agree to the earlier post to submit the G325A along with all your details in a letter or wait for a receipt.

    Consult your attorney.




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  • walking_dude
    01-30 11:38 AM
    Media coverage of the situation faced by Highly-skilled immigrants has been negligible or nil. As a result many of the lawmakers are unaware of the situation faced by us. IV has come forward to make a Press Release on our behalf to educate the media on the impact of the issue on our community.

    Now that IV has done it's part and issued a Press Release outlining the issues faced by highly-skilled employment immigrants in Michigan, onus is on MI members, and others, to call upon the MI newspapers and media to cover our issues as outlined in the press release.

    I request all MI members, and others, to call up and/or E-mail the newspapers urging them to feature a newstory covering the issues faced by our community citing IV PR as the source. We are also in the process of collecting and collating stories from people who were rejected licences due to the new rule.

    If we can get our stories to the media it will provide publicity to our issues and get noticed by Michigan lawmakers while deciding on the new law. Hence it's really crticial for all of us to participate and make this action item a success story.

    Here's a template you can use to E-mail. Put your name and address as newspapers don't normally respond to E-mails sent anonymously. Also customize as required. Please kep the reference to IV Press Release as it's important to get coverage for our issue.



    Dear Editor,

    I'm a regular reader of your newspaper, and would like you to cover the issues faced by legal highly-skilled immigrants due to decision by Michigan Secretary of State Ms. Terri Lynn Land to deny Driving Licences to residents on temporary visa status. This rule impacts thousands of legal immigrant workers in Michigan, like me, by impacting our ability to commute to work. It also affects a large number of International students studying in the state universities.

    As a regular reader , I feel disappointed by the lack of media coverage for an issue affecting thousands in the state, including yours. Immigration Voice (http://www.immigrationvoice.org) , a non-profit grassroots organization working to fix the issues faced by legal employment-based immigrants has issued a press release on the issue.

    http://www.prweb.com/releases/2008/1/prweb661904.htm

    I urge you to cover this issue through a news story. Immigration Voice has been collecting stories from affected members of our community. If your newsreporters need any help in developing the story, Immigration Voice can certainly help you on this issue. Michigan chapter of Immigration Voice can be contacted by E-mailing - vivek AT ImmigrationVoice DOT org

    Sincerely,
    xxxx

    <<name>>
    <<address>>
    <<phone>>





    IV Press Release - http://www.prweb.com/releases/2008/1/prweb661904.htm

    IV update on the Press Release - http://immigrationvoice.org/forum/showpost.php?p=218184&postcount=30

    Contact info for MI Newspapers - http://action.aclumich.org/michigannewspapers




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  • arjunpa
    08-18 11:58 AM
    TXH1B,

    Are you suggesting that I must exit/re-enter with the new H1B (even if the approval accompanies a I-94 or not - both scenarios) ?
    I was planning for that in the worst case, to exit/re-enter through Canada.

    I will keep the 245(k) rule in mind. Again, Thanks for the answer.




    noone2day78
    02-10 07:00 PM
    Has it been 180 days since your 485 was filed. You can switch if YES, Valid H1B is an extra umbrella when using EAD if something goes wrong with EAD. Honestly, I do not see any benefit of H1B over EAD except that it can be valid for longer period of time where as EAD needs to be extended every year ....


    So assuming that I switch to EAD, does this mean that incase for whatever reason our I 485 application is denied, I can re claim the pending time on my h1b ? I am trying to figure out how is my h1b an umbrella?




    franklin
    07-13 04:23 PM
    BEst of luck to you all for the rally. Take lots of photos. Who is arranging video cameras,digital cameras from IV.

    NJ member
    There are multiple people bringing cameras and camcorders :)



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