Monday, June 13, 2011

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  • pappu
    04-08 05:54 PM
    Is someone working to fix the issues with the IV Tracker? It is such an important tool, but still has bugs to be resolved.

    When you try to restrict by country or Country of charge, it doesnt bring back any results.

    Also, if you try to sory by priority date, the sorting doesnt seem to work.

    Yes we are working on it and will be enhancing it. Please keep adding your details to it.





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  • puskeygadha
    07-17 04:03 PM
    they are not able to say when dol will release their cases.
    I think they will be PUT INTO SUPERVISED RECRUITMENT
    we are screwed





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  • royus77
    06-25 10:12 AM
    My Company is asking me to sign a new 2 year contract with them to get employment verification letter required for I-485. Is this legal?

    if there is any breakage clause,Make sure that you understand the amount of damages. If the company is desi ,you can always negotiate at a later time





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  • kk_kk
    02-04 09:44 AM
    My wife was allowed to travel on BA when she went from US to India. But when we were returning to US, the ticketing agent in India would not issue bording pass because Canadian PR can only be used if you are travelling to Canada and NOT to USA. The ticketing manager even called someone in London Airport to get the confirmation and after that they just denied my request even after showing the document that says Canada PR issues after Apr 2005 does not require transit visa.

    I would say, get the visa to be on the safeside so that there will not be any troubles in the last minute.



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  • GCStatus
    09-15 12:17 PM
    Good to see this

    We all join together in our mission. We will include this in part of confronting first. Check out the other thread as well





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  • chanduv23
    09-15 04:35 PM
    Bump



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  • hanu0913
    10-08 03:12 PM
    Your sentences are confusing. Please no offense.

    You can file your wife's I-485(derivative adjustment) once the PD is current. So just relax and keep on looking Visa Bulletin every month to check if the priority dates are current.

    My case : got GC on June. Filed wife's case in June and she has an EAD.

    All the best.

    so here is exact question , what about if i get GC approval before my PD gets current?





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  • hpandey
    12-24 03:29 PM
    Hi,
    I have a question:
    - H1-B's I-797 is valid, but visa stamping has expired.
    - I use AP document to re-enter.
    - I do not use EAD at all
    After using AP, can I move to a different company by petitioning for H1-B?

    The other question is: Is it worthwhile to go for H1-B stamping when I have an AP?

    -----------------
    Detailed scenario
    -----------------
    My only reason for being on H1-B is to have a backup if there is a problem with my I-485 application. I don't want to use EAD, since it will terminate my H1-B status. With the recent retrogression I think its going to be a real long while.

    My questions are:
    1. If I use the AP (and don't use EAD), I read that I can be on H1-B with the same employer, and get my H1-B renewed with the same company. However, in future can I re-apply for a H1-B through some other company?

    2. If I use my AP, I will be on a parolee status (on I-94), so when reapply for H1-B, and I send my I-94 , would my new H1-B be approved? Any such cases? Links, etc. would be helpful

    I have a appt. in Chennai in mid january and am wondering if its worthwhile to go there at all. I have seen some messages about delays in visa approvals.


    Thanks

    If you are on company A's H1b and file your GC through it and you want to come back on its AP and then after coming back you want to transfer your H1 to another company that is possible. But your GC will be considered abandoned in case Company A decides to withdraw your labor ( assuming your I-140 is not approved yet ) .

    If you I-140 is approved and 180 days are up since you applied for your GC then you can use AC-21 to move to another company . Then you would have to show your new company's employment letter for your GC process .

    What you are suggesting is certainly possible but complicated.

    Easy way would be to go on AP and use your EAD and AC21 to move to another company .

    But consult a lawyer with more details of your case. Your attorney would be able to provide clear answers .



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  • gc28262
    12-19 12:03 PM
    Not before you give yours back. you are a temp anyways. you don't even have to surrender your gc.

    Practice what you preach.
    BTW myself and majority of members on this forum hasn't replaced any American worker.





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  • clif
    07-29 08:10 AM
    Two other issues could be:

    1. You will not be able to travel on student visa. If you enter US on student visa, it is considered as abandonment of I-485 application.

    2. You need recent salary statements for EAD renewal every year.



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  • raydon
    05-12 11:16 PM
    We're all impacted by retrogression and each person comes up with different reasons such as labor substitution or porting from EB3 to EB2 etc. I think that the unemployment rate is a key factor that might be influencing the movement of visa dates. With a double digit unemployment rate for US workers, why will the government want to give green cards to foreign workers.

    Even if you get the green card, you could lose your job and apply for unemployment benefits. The US government does not want increase in the numbers of those claiming unemployment benefits or welfare programs. These benefits are not available to workers on temporary visas.Social security and medicare are also going to be tapped out within the next 10-20 years. These factors could have made them influence the USCIS/DOS to roll the dates back and make it U for all EB3 and to past 2000 for EB2 India. EB2 is current for other countries due to low demand.

    Until the unemployment rate falls to reasonably low (in their view) levels, they have no inclination to act on immigration reform.

    Notwithstanding the DOS explanation for the retrogression, there might be political factors in the background that are not made public.How do we know that this wasn't happening behind the scenes?





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  • sapota
    08-31 11:33 AM
    believe that American companies are telling the truth when they claim there is a lack of qualified talent in the U.S. for the high tech industry?

    Even though the disclaimer says unscientific poll, this is outrageously biased.

    Please forward to all hi tech companies. Let it come from the horses mouth.



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  • thomachan72
    03-31 03:31 PM
    Congrats. Don't lose it. Enjoy your freedom.

    What about you? your PD is current right? any chance that you will get it soon?





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  • gc_chahiye
    12-10 12:40 PM
    Please look at the below links, it says that one can move jobs after 180 days even without 140 being approved.


    http://www.murthy.com/news/n_yatmay.html


    Any comments / suggestions ?

    To be safe, either your I-140 needs to be approvable right off the bat (as filed) or your employer needs to co-operate with responding to RFE etc...
    Safer to wait for approval...



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  • hanu0913
    10-08 02:05 PM
    If the GC is approved prior to your marriage and if your spouse is here, you are golden. You simply apply for I-485 (family based). If your spouse is not in USand you have GC, you will need to file for follow to join visa and it will take some time (I dunno how many years).

    i think you didn't get me,here is my question , if a person got married after applying i-485 and not able include his wife due to PD current date issue before his GC got approved, is there any way to get out from this situation , please let me know you one





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  • indio0617
    09-21 04:53 PM
    Currently since labour is progressing really slowly and considering that it looks like fresh labour will get approved quickly .. but folks will have to wait 4-5 years to get into the 140/485 stage, are there are efforts being made by IV to get dependents say an interim EAD, so that they can start working, rather than be a victim of the process.

    I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.

    Wouldn't it make sense to lobby for an interim EAD in following cases:
    1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
    2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?

    Not sure if this issue has been debated before.

    vivache:

    Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.



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  • Ann Ruben
    02-23 04:44 PM
    Even though you entered under the VWP, and even though you remained here after your I-94 expired, you can file for AOS based on your marriage to a US Citizen.

    Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.





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  • sanbaj
    02-20 10:12 AM
    Your lawyer or any competent lawyer should be able to interfile your application. The lawyer has to write a letter to USCIS along with the original approval notice of the newly approved but older PD I140. As per today's EB2/EB3 PD scenario, interfile is the best option for you. Earlier PD transfers ruled when EB2 PD used to be ahead of EB3 PD. Now, EB2 PD is Unavailable. Again, get a competent lawyer who has extensive experience in this particular issue.

    The following thread has most of the information and knowledge you would need: http://immigrationvoice.org/forum/showthread.php?t=912&highlight=transfer.

    Best of luck !!





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  • adi787
    12-11 08:15 PM
    hi,

    sorry to hear the denial.

    Was this beyond 6th yr extn based on approved 140?

    Or due to small company?





    rsdang
    07-23 10:41 AM
    What I have heard from others having the same issue is that they would put your given name as the last name (as it is the index in their db) and put the "FNU" (First Name Unknown) under the first name. I know, this is ridiculous as you have a first name ! Hope they have something like a "LNU" as well

    FNU - also stands for Family Name Unknown...

    Hope this helps...





    peer123
    04-04 04:20 PM
    1. Did you find have any issues when getting 485 approved.
    ---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
    2. Did you file AC21.
    Yes
    3. Does the job responsibility has to meet 100% word by word.
    Not necessary
    4. Has any one you applied for EAD extension on your own.
    I did not apply for extension. But when my time comes I will do it on my own.
    Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
    5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
    No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.

    Thanks for your input, If other who have done it earlier and gotten their 485 approved please advise...



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