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  • illusions
    04-07 11:13 AM
    Wish u all the best.... wow 6 years...!





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  • gc28262
    12-17 08:22 AM
    Even in today's condition, you are legally clear. Why didn't company cancel the H1 ? That is company's problem. You don't have to worry about it.

    IMO most likely you can get in to the country without an issue. It is worth giving a try.

    Also see this uscis link

    Q : Must an H-1B alien be working at all times? (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD)





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  • thomachan72
    10-19 09:35 AM
    Has anybody done that?
    Questions;
    1) Will the old 140 be valid (for using the PD) even if the old employer withdraws/revokes the old LC/140? Big corporation, so I thought that would be a standard procedure?
    2) Has the new job title and responsibilities be very similar to the old one?
    3) Has the new LC/140 to be filed before the old one is cancelled inorder to keep the PD?
    4) is there any memo/law that allows us to keep the old PD once a 140 has been approved (even if it is revoken)?

    It is clear that a new LC/140 has to be done once you change the job. So any other information is welcome.





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  • ChainReaction
    03-28 06:00 AM
    This is a very good point ,if illegal under guest worker program can pursue a path to a citizenship after 6yrs provided that they can show they have paid taxes, learn English and pass background check...Why can't we ask the same for us, we have entered US legally without breaking any law, are paying taxes and are highly educated let aside learn English. And the senators have agreed about getting in line or behind the line (First in first out) approach for getting Citizenship, we are just asking for GC ;) ?



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  • franklin
    07-05 02:49 PM
    The other thing I don't understand is how come EB-1 and EB-2 which are current (for ROW) atleast can suddenly become U. See my reasoning above. It doesn't matter, the visa numbers were used up. EB3 ROW gobbled up the ROW quotient when retrogression was eased in May and June
    Did USCIS stop paying attention to EB-2 vs EB-3 classification? If you are talking about ROW, it doesn't matter. There were no backlogs in processing EB2
    How about country limits? Did USCIS give India more than 3K visas? I'd imagine so 7% of 140k is 9800
    Also, aren't the visas released quarterly? So, how come the visas that were to be released in July, got consumed in June? Now that is a good question
    See answers in purple





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  • Venkat_175
    04-08 11:40 AM
    It looks my ex-employer us not going to take any action as they are getting some business from the client. Thank you very much for helping me.

    Regards,
    Venkat.



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  • go_guy123
    03-12 03:33 PM
    Surely we know each other then!! :)

    Compared to US, Software Engg position in India sucks a lot. It makes sense only if you are a manager in India. I know batchmates went to work in Texas Instruments in Bangalore and after a year or 2 later, got frustrated with the insfrastructure etc there.





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  • GCDream
    07-13 08:50 AM
    Done



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  • morchu
    04-29 06:14 PM
    I agree, that for most of the cases "approved" is a safer approach.
    But there can be some specific situations.

    Lets say I-140 RFE received, to prove "ability to pay", and the response was not good enough to prove that. And before the I140 is approved/rejected, the employee quits and joins another company (after 180 days pending). The I140 is still portable, even if it is not approved, if the new employment matches AC21 conditions.

    Even if it represents a small percentage of guys in this situation, it is still good to know that if a dieing company cannot support your I140 anymore because of "ability to pay", there is still hope.

    This is a case where, the original employer still want to support your I-140, but "unable to" due to some other changed situations after filing of I140.

    ================================
    Here is the answer from USCIS:
    "Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under �106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it�s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
    post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
    response is received, and if the petition is approvable, follow the procedures in part A
    "
    =============================

    so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.





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  • aniraj
    10-19 07:33 PM
    As per the FAFSA application to be eligible-non citizen one should have a valid I-94 with a valid parole stamp at the time of applying.
    My daughter is in same situation & I have applied for her AP. After she receives it I am planning to go to CANADA with her. she will re enter on her AP.



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  • pmb76
    07-17 07:00 PM
    my lawyer missed the 2nd july deadline even when he had all the papers. Now i am asking him to meet 30th july deadline he is not responding . what are the papers needed to file I485. Can I file it without lawyers help? He does have my immunization papers

    Below is a rough checklist I prepared for myself:

    1. Six Photographs with name on back in pencil. YES

    2. Copy of Birth Certificate with affidavits from Parents. YES

    3. Checks for Filing fees. YES

    4. Completed forms I-485, G-325A, G-28, I-765 and I-131. YES

    5. Color Copies of passports. YES

    6. Copy of I-94 both sides. YES

    7. Copies of F-1 visa, I-20, OPT EAD and H1B visas. YES

    8. Copies of W2s and tax returns for the years 2004, 2005 and 2006. YES

    9. Medical examination Report. YES

    11. Letter of Employment. YES

    12. Copy of EAD and EAD application receipt. YES

    13. Bank statement. YES





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  • WillIBLucky
    06-18 10:44 AM
    But, when the doctor asks you if you having any history of problems then you may have to tell him that.

    Else, you should be fine. Good Luck



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  • kaisersose
    07-02 03:26 PM
    Guys,

    I want to sue them for 3 things -

    1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
    2) Approving 2008 cases before 2007, ie., no FIFO
    3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.

    You cannot sue them for any of the above.

    1) Most people do not understand the processing date concept. If the date says July 2007, then it is a guideline saying most of the cases before that date have already been processed. It does not mean that they will *not* process cases later than that date.

    2) FIFO? If they had not dropped Eb3 cases and focussed on EB2 140s, then a lot of approvable 485s would not have been approved this year, resulting in unused visa numbers. So they made that choice. It is a temporary situation due to the huge backlog of 2007.

    3) See (2)





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  • raysaikat
    07-13 11:05 PM
    Hi Everyone,

    Is it really necessary to inform USCIS of change of address.

    Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.

    Will appreciate your views.

    It is the law that you file AR-11 within (I think) 10 days after moving to a new address. If you do not do say, technically they can deport you. So send the AR-11 form with proof of sending. You can also submit AR-11 form online.

    You should also change the address on the USCIS site. This operation is different from AR-11 submission.



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  • nlalchandani
    01-11 11:55 AM
    My wife has her name changed in the local county (Judge's order and a name change certificate)
    She may start a job on EAD (has maiden name)..

    Any clues on the process to make similar change in EAD, AP +passport (We would travel soon too), Pending 485 (so that her GC approval comes with the new name)

    Has someone changed names for EAD, AP, 485..





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  • seahawks
    10-30 08:58 PM
    Calling all Washingtonians.. please make it a point to attend the meet and greet event!



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  • HRPRO
    02-07 10:56 AM
    Thanks for the response.

    The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.

    So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.

    I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.

    To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.

    So my question remains. How do we get classification as Project manager under EB2 with proper wages?

    Make the Job Description sound more generic and remove the CIS terminology as much as possible.





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  • gc_chahiye
    07-09 04:25 PM
    ok.. what about july 2nd filers...have i filed or not filed?

    no. Do not count any I-485 filed in July 2007. Perhaps I should have changed that to "Filed 485 and have receipt" :)





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  • asdqwe2k
    07-04 04:40 PM
    Another possible example here: I heard a case where one labor led to TWO green cards. My understanding this is not possible and might have happened because of the rush USCIS was approving cases.

    A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.

    Who knows how many more irregularities happened there during last two weeks.

    There is nothing wrong in people getting approvals on july 2nd or for that matter entire this week or this month.. That is because, eventhough people get approval notice e-mails as july 2nd or any date after that, the actual approval happened 2-3 weeks before..

    For example, for most of NSC approval in june 18th week, people have indicated that there Green card physical copy showed approval as June 4th. They got approval notice, and actual green cards starting only in June 3rd week. There has been flood of approvals, at least in NSC region.. Just ask any last month GC approved person, to tell what is the date for "Resident Since" on the green card..





    ArkBird
    10-04 08:34 PM
    How did they pull it off?

    We have been waiting for data like this since umm..... last ice age??

    Something is drastically wrong. Either they have MUCH MORE influence than us(IV) in USCIS/DOS or someone knows right handshake and wink....

    We can't even get official clarification on AC21 rule from "babus" at USCIS forget influencing "netas" for recapturing & CIR!!!

    In 2007 PD fiasco, we take too much credit for so called "Flower Campaign" and think that because of that USCIS reversed the decision and accepted all the 485. DEAD WRONG!!! It was because of Congresswoman Zoe Lofgren (D-CA). She wrote letters to Michael Chertoff, Secretary, U.S. Department of Homeland Security (DHS) and Condoleezza Rice, Secretary, U.S. Department of State (DOS)

    I have been long time member, may be one of the first few members and I will keep supporting IV in whatever way I can in the future also but I am convinced that unless we gain critical mass, nothing is going to happen.


    Let the Reds rain!





    khukubindu
    08-17 07:21 PM
    My priority date (July 06 ) and EB3-ROW . I got couple of LUD ( 4 after June 30, 2009) recently on my I-485 application. In fact I got a LUD today also. I am wondering whether you also got any LUD recently.



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