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  • arnet
    11-16 01:49 PM
    any one had this experience? thanks and sorry to post this again.





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  • JunRN
    12-18 02:49 PM
    Chumki, although it is not required by law, there is a risk of not filing a memo. That is why I am saying it's your decision. Are you taking the risk or not?

    You don't "have to", right! But are you willing to take the risk?

    In your case, there is no problem even if you join the new company BEFORE 180 days as long as your I-140 is not revoked or should there be an RFE for I-140, the original petitioner will respond to it even though you resigned already.

    USCIS does not care if you join the new company before or after 180 days. AC21 rule said that the I-485 is pending for more than 180 days. As long as your I-485 is pending for more than 180 days, it doesn't matter if you worked or not for the original petitioner, you can invoke AC21. USCIS will also not look if you're working for the new employer. ALL USCIS need is an employment offer which is similar to the original LC. "Offer" means you have work AFTER getting the GC.





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  • dvvb
    03-01 01:53 PM
    My case:

    Worked with Co. A from 2000 - 2005
    Labor filed in EB3. Priority date May/2003

    Worked with Co. B from 2005 - 2008
    Co. A Labor approved in Feb 2008
    I-140 filed and approved in Mar 2008
    I-485 Filed in June 2008 as future employee

    Working with Co. C from Nov 2008 on EAD.
    Now Co. A filed for chapter 11 and closed their shop.
    Atty. from Co. C said to file AC21.

    What are my options ? Should I file AC21 immediately or wait till my case comes up for processing ?

    Anyone in similar situation or have an idea next steps.





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  • irrational
    06-18 08:28 PM
    My I-486 Receipt Notice was lost in mail. So I don't have the Receipt notice to send.

    This is for an EAD Renewal.

    Is it ok if I don't send the I-485 Receipt copy ?

    -Bipin



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  • va_dude
    02-17 05:06 PM
    I wonder why they even need new FPs, its not like i shed my skin and grew a new one with a new finger print.

    Just another wasted step in "the" process i guess :)





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  • va_labor2002
    06-16 09:07 AM
    You guys are too quick. I assume this is not an act out of impatience?

    Let us contact CNN News team. If everybody can send a letter same day,they will definitely hear us and listen to the issue. Can we do that ?



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  • chanduv23
    01-09 05:20 PM
    Try asking an Attorney and see if your wife can invalidate her h4 status by traveling and re-entering through AP at POE?

    A quick trip to Canada can solve this problem?

    This is not an advice, as I am not sure if this would work, but talk to a lawyer or as some suggested try another DMV.





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  • snathan
    03-20 01:04 AM
    Yes



    No. You will need new visa stamp.

    I was told if you have valid stamping you do not need get new stamping even if you changed the employer. All you need is to give the new approval notice at the POE.

    am I missing somthing here.



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  • gcisadawg
    01-09 11:44 AM
    marty,

    That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.

    Thanks,
    Seyed





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  • theoyilma
    09-10 01:01 PM
    Thanks sbmallik

    If I was already on H1B right now, I know I would be able to extend my H1B visa until I get my green card. But, right now, I am on TN visa. And also I have finished the 6 years quota on H1B. So, I was just wondering if I can apply again for H1B. I have been on TN visa for about a year and half. I was just wondering, the fact that I haven't been on H1B visa for more than a year, would qualify me again to apply for H1B.

    Thanks again!!

    Theo



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  • Blog Feeds
    11-30 03:21 AM
    Department of State Visa Office provided explanation of its monthly determination of employment preference cut-of dates and data used in determining employment based cut-off dates for December 2010.

    Each month, the State Department subdivides the annual preference and foreign state limitations specified by the Immigration and Nationality Act into monthly allotments based on totals of documentarily qualified Immigrant Visa applicants reported at consular posts and Immigration Offices, grouped by foreign state chargeability, preference category, and priority date.

    If there are sufficient numbers in a category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example: If the monthly allocation target is 3,000 and there is only demand for 1,000, the category will be "Current�. Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for the particular month, the category is "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.

    For example: If the monthly target is 3,000 and there is demand for 8,000 applicants, then it would be necessary to establish a cut-off date so that only 3,000 numbers would be allocated. In this case, the cut-off would be the priority date of the 3,001st applicant.

    Click here for a detailed chart with to demonstrate the above examples. Download file (http://www.visalawyerblog.com/visa%20allocationnumbers%20explianed%2011-22-2010.pdf)





    More... (http://www.visalawyerblog.com/2010/11/visa_bulletin_how_employment_p.html)





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  • Administrator2
    05-08 04:59 PM
    Juliana Barbassa from Associated Press reporter is writing a story about legal immigrants with ITIN holders being denied economic stimulus checks. Please contact Ms. Barbassa to speak-up about this extremely important issue. Here is a message from her requesting members of Immigration Voice to contact her for in interview.

    ------------------------------------------------------------------------

    Hi --

    I am an immigration reporter for the Associated Press, and am currently reporting an article about the economic stimulus checks that will be going out soon. I'm writing about how a lot of people won't get them because their spouse doesn't have a social security number _ chief among them green card holders with spouses who are stuck in the backlog, and haven't been able to get a social security number.

    I'd love to talk to people in this situation all over the country -- and at least one person, ideally, in the San Francisco Bay Area/Silicon Valley, so we can also have a picture taken. I hope to reach folks today, Thursday, because the article has to be done by Friday.

    I can be reached at this email address: immigrationreporter@hotmail.com

    Thanks much for your help,

    Juliana Barbassa

    ------------------------------------------------------------------------



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  • diptam
    08-20 01:06 PM
    Its true that Consulting companies take a good part of your BILL-RATE but other stuffs may not be THAT bad.

    I'm working thru such a small company for last 3 years and this is my 4th client... 3 of the 4 clients were provided by them, no bench so far. They dont give me BillRate share but we work with a Negotiated Resonable salary based on the Cost of Living of the City where i work/consult for.....

    Discuss the Terms and put in email as well as Paper before Joining - Be on Top of them even if they want to change a single spelling in that Terms Paper. You got to be very tough , aggressive as well as resistive with them for any changes they want to script against you.

    I have been working for state government from past 3 years (approx) under a non-caped H1b with EB2 2006 labor cleared and i-140 pending and 485 filed in aug.
    Considering the constraints of non-cap h1b , I asked a consultant to apply for my caped h1b in april. At that time 485 was not current and according to my estimation my PD would not have become current for 2-3 years more, so I thought of moving with a caped h1b to private firm. You all know what happened in july regarding 485.

    Recently my caped H1b got approved. Since I have already filed for 485, I have decided to be with present firm for 6 months then think of changing using the new caped h1b and AC21 to private firm through consultant.

    But I have heard that when one works for consultant, its easy not to get paid for certain months during project transition or while looking for project. With the result�.its affects the H1b status. Now that my immigration status is clean, is it worth moving to consultant and risk my clean status�??? Is working for consultant a big compromise against immigration status�??? Also i need to look for a job identical to my labour. I� m basically into web and database application in sql server 2005 , asp.net with ajax. What�s the market for these skill looks like�????

    Any words of wisdom�.





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  • sanju_dba
    02-13 12:14 PM
    You guys mean "ONLY" when your PD is current? right? :rolleyes:



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  • rameshk
    03-16 12:43 PM
    Here is an article from yahoo.co.in

    US start-up visa bill to boost entrepreneurship - Yahoo! India Finance (http://in.finance.yahoo.com/news/US-start-visa-bill-boost-ians-3069398975.html)

    ===========================

    Washington, March 15 (IANS) Two senior senators have introduced a bipartisan legislation aimed at slowing down the outflow of skilled talent and boost entrepreneurship in the US 'to drive job creation and increase America's global competitiveness'.

    Introduced Monday by John Kerry, Democratic chairman, and Richard Lugar, top Republican on the Senate Foreign Relations Committee, the bill adds provisions to last year's draft Startup Visa Act to allow foreign students in US universities and workers on H-1B visas to start companies in the US.

    The StartUp Visa Act of 2011 will allow an immigrant entrepreneur to receive a two year visa if he or she can show that a qualified US investor is willing to invest in the immigrant's startup venture.

    Under the updated version, the pool of eligible immigrants would now also include holders of H-1B visas and entrepreneurs living outside the US with a market presence in the country.

    The new legislation provides visas to the following groups under certain conditions:

    First: Entrepreneurs living outside the US - if a US investor agrees to financially sponsor their entrepreneurial venture with a minimum investment of $100,000.

    Two years later, the startup must have created five new American jobs and either have raised over $500,000 in financing or be generating more than $500,000 in yearly revenue.

    Second: Workers on an H-1B visa, or graduates from US universities in science, technology, engineering, mathematics, or computer science - if they have an annual income of at least $30,000 or assets of at least $60,000 and have had a US investor commit investment of at least $20,000 in their venture.

    Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.

    Third: Foreign entrepreneurs whose business has generated at least $100,000 in sales from the US. Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.

    'Every job-creating American business started as an idea in the mind of an entrepreneur. We need to keep and bring more of those ideas to our shores where they can put Americans to work,' Kerry said.

    'Global competition for talent and investment grows more intense daily and the United States must step up or be left behind,' he said.

    'We want to establish a way for the smartest and most entrepreneurial individuals in the world to come to the United States and create jobs. Many are already here studying at our great universities,' said Lugar.

    'Helping them stay to invest in their ideas and create jobs benefits all Americans.'





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  • harivenkat
    05-17 02:36 PM
    CLEVELAND � A U.S. immigration court has granted asylum to President Barack Obama's African aunt, allowing her to stay in the country, her attorneys announced Monday.

    The decision was mailed Friday and comes three months after Kenya native Zeituni Onyango, the half-sister of Obama's late father, testified at a closed hearing in Boston, where she arrived in a wheelchair and two doctors testified in support of her case.

    Onyango plans to apply for a work visa and can apply for a green card after she gets it, her attorneys said.

    The basis for her asylum request was never made public. People who seek asylum must show that they face persecution in their homeland on the basis of religion, race, nationality, political opinion or membership in a social group.

    "The asylum process is confidential and she wants to keep it that way, so we can't get into details on why the judge granted asylum or the exact basis for her claim," said her attorney Scott Bratton. He added: "She doesn't want people to feel sorry for her."

    Another lawyer, Margaret Wong of Cleveland, said last year that Onyango first applied for asylum "due to violence in Kenya." The East African nation is fractured by cycles of electoral violence every five years.

    Medical issues also could have played a role. In a November interview with The Associated Press, Onyango said she was disabled and was learning to walk again after being paralyzed from Guillain-Barre syndrome, an autoimmune disorder.

    Onyango moved to the United States in 2000. Her first asylum request was rejected, and she was ordered deported in 2004. But she didn't leave the country and continued to live in public housing in Boston.

    Onyango's status as an illegal immigrant was revealed just days before Obama was elected in November 2008. Obama said he did not know his aunt was living here illegally and believes laws covering the situation should be followed.

    A judge later agreed to suspend her deportation order and reopen her asylum case.

    Wong has said that Obama wasn't involved in the Boston hearing. Obama spokesman Nick Shapiro said Monday that the White House had no involvement in the case at any point in the process.

    In his memoir, "Dreams from My Father: A Story of Race and Inheritance," Obama affectionately referred to Onyango as "Auntie Zeituni" and described meeting her during his 1988 trip to Kenya.

    Onyango helped care for the president's half brothers and sister while living with Barack Obama Sr. in Kenya.



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  • maine_gc
    09-14 03:50 PM
    LUD on my I-140 is 8/5/2007.

    Notice date is April 26





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  • jonty_11
    07-17 01:40 PM
    howlong did the case run for years or months..? taht will decide if lawsuite only works





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  • darkblue2007
    10-13 11:58 AM
    I have a close friend who has floated a company to pursue an entrepreneurial dream.
    My husband is currently working in US and has filed for GC (140 approved status). I have an EAD and am working in a company very close to where I am staying.

    My friend has requested me to help market clients for the product that they are developing.. Is it ok for me to approach companies, as a representative of my friend's company and try selling the product(strictly non-compensational)? Or will there be legal hassles in doing this? Please enlighten me with your thoughts..

    Appreciate your help in advance.

    I dont understand why you are hesitating to do this. Since you have EAD, you can do volunteer work as long as you wont get paid. There wont be any legal hassles in doing this





    LostInGCProcess
    02-05 06:11 PM
    i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.

    Wow!!!! well said and very encouraging. That's the spirit with which everyone of us should move forward, i guess. :)
    Life is too short to worry too much on things (like GC, AC21)...Make the best use of each and every day!!!





    amsgc
    08-21 12:07 AM
    Also wanted to mention that your I-20 will have information on when the OPT was applied (at least that's how it was in my case). I got a new I-20 when I applied for OPT (indicating that it was pending), and then another one when it was approved.

    Another point - they generally approve the OPT and issue the EAD within three months. So now you have the month narrowed down to 3 (from the month of your approval).



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