Thursday, June 30, 2011

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  • marzelan
    01-23 11:51 PM
    I am almost at the same situation.I have been here for since July 2000.Instead of getting married for american citizen I decided to go the long way.I have been changing visas from B2-H2b-F1 and now recently I apply with I140/I485.After having Masters degree in civil engineering from my country I went to school to become a nurse.After 3 years and many school I did finished and I passed the National exam for nurses but just when I was about to file for Schedule A the visa number finished and there was no chance of getting new once.Thank god they open the EB3 in July,or so I was thinking.USCIS did not separated my I140 from I 485 so I had no answer for 5.5 months.Only after I ask senators for help the thigs started moving.Finnaly I got my EAD and I can go back to saving life,which by the way I love.My advice is to marry US citized ASAP.Will save you a lot of trouble and if you love that person even better.;)




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  • rajiv404
    12-09 06:06 PM
    I recently found a new job and they filed for my H1 transfer in premium processing. I am still working for my old employer. Now I have got an RFE questioning why my salary (in 2009 W2) which is less than what was mentioned in my previous petition. Even though I have all my paystubs I was on bench for few months between march - may 2009. I have a leave letter for 4 weeks vacation in may and my salary was reduced when I got new project. Which explains why it is less but may not be enough to prove it to USCIS. Salary in W2 could also be less that prevailing wage. Right now I have following scenarios
    1. WIthdraw application - not sure repurcussion of this.
    2. Respond to RFE with mentioned reason which can have following outcomes
    a) Appoved - (good i will be more than happy)
    b) Approved with consular processing - (I dont want to travel at this point of time outside US)
    c) denied - (not sure)
    3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?

    Here are my questions
    1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
    2. Senario 2.c. If I get "Denied" what will be my current status?
    3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
    4. Scenario 3, Can this happen?

    Any response will be appreciated. Thanks!




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  • mirage
    07-08 12:59 PM
    Guys,
    I think we should start a new campaign be it a flowers campaign or a simple card or Fax/letter campaign. But we need to start this ASAP. We should a 'Seek information' campaign. Each of us write letters and faxes to DOS and USCIS and request them for this.

    In May'07 the DOS moved forward the visa dates by 2 years for almost all categories. What if USCIS received more than 140,000 applications enough to exhaust 2007-2008 quota in that case Visa dates will either won't move or may move 1-2 months through out the next year. And we like fools will keep watching the Visa bulletins just to be disappointed each month.

    Now since USCIS have already receipted (or will soon do it) all the June applications, they should be in a position to release the infomation on how many applications they received for each category and for each country. We will request both the agencies to work together and release some kind of statistics some predictions like what they expect for Sept visa bulletin and further. We are living in dark and information like this will give us some insight and will let us plan our careers. Until we press them for information they won't release anything.

    Guys please think about this seriously, I think this is the need of this hour.

    Thanks




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  • marcom10
    04-23 12:49 PM
    LOL..ight kirupa. Thanks for the compliment~!.....

    later



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  • laksmi
    01-24 02:35 PM
    http://immigrationvoice.org/forum/showthread.php?t=4118




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  • frostrated
    02-09 10:29 AM
    yes, your employer can file for a new H1B, but you will have to leave the country and get a visa to work on the H1B. An easier process would be for your new employer to take over the sponsorship of your GC by using AC-21.



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  • sk.aggarwal
    05-13 10:42 PM
    if you upgrade to premium rfe can be sent over fax.




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  • srikanth003
    04-01 10:10 AM
    @sac-r-ten - thanks a lot for you quick response... sounds similar to what i've been hearing so far...hope nothing changed recently...

    if any one with recent experience on this, please post ur reply. highly appreciated.



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  • rajiv404
    12-09 06:11 PM
    I recently found a new job and they filed for my H1 transfer in premium processing. I am still working for my old employer. Now I have got an RFE questioning why my salary (in 2009 W2) which is less than what was mentioned in my previous petition. Even though I have all my paystubs I was on bench for few months between march - may 2009. I have a leave letter for 4 weeks vacation in may and my salary was reduced when I got new project. Which explains why it is less but may not be enough to prove it to USCIS. Salary in W2 could also be less that prevailing wage. Right now I have following scenarios
    1. WIthdraw application - not sure repurcussion of this.
    2. Respond to RFE with mentioned reason which can have following outcomes
    a) Appoved - (good i will be more than happy)
    b) Approved with consular processing - (I dont want to travel at this point of time outside US)
    c) denied - (not sure)
    3. This case goes to DOL and there may be investigation or indent of revoke sent to my employer. Can this happen?

    Here are my questions
    1. Senario 2.b. If I get "Approved with consular processing" do I have to travel to India for stamping immediately or just get new I94? What will be my current status then? What if I decide not to join the new employer?
    2. Senario 2.c. If I get "Denied" what will be my current status?
    3. What should I do so that I am not out of status and I dont have to travel to India for stamping?
    4. Scenario 3, Can this happen?

    Any response will be appreciated. Thanks!




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  • jthomas
    11-06 03:06 AM
    It was very good. One should have told that even kids of skilled immigrants are counted on the quota. (Even a 1 year kid is counted as an skilled immigrant)



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  • johnamit
    06-30 01:01 PM
    is there any EB related amendment attached with War funding bill which got passed?

    http://news.yahoo.com/s/afp/20080630/pl_afp/usiraqafghanistan_080630152552




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  • zappy
    01-26 03:46 PM
    My status on I-140 changed to "Request for Additional Evidence". Notice was sent only on 25th, so I don't have any more details yet.

    Just wondering if anybody has any idea what it could be?



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  • strafforddude
    12-14 03:54 PM
    Hi,

    I am working for campany A on H1B visa. Company A sponsored my GC. My I-140 & I-485 are pending. I am offered a full time job at company B. Company B is not willing to apply for H1B, so i have to use my EAD. My current employer (Company A) agreed to let me go and supportive of my decision.

    Question: If i use my EAD to join company B without informing USCIS, and at later point join my sponsoring employer (Company A) on same H1b which i have right now will it be a issue ?

    Is there any way USCIS coming to know that i switched employees in between.

    Thank you !!




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  • achu
    05-06 08:33 PM
    I had similar situation few years back after my I-140 approved, but before applying I-485.

    As long as your job title, description and place of work won't change, then you are ok. When you apply I485 or H1B ext, then your attorney must submit a document (successor of interest or similar document), telling that your role and place don't change.



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  • pappusheth
    04-11 12:27 AM
    Ask your company if they can do your H1 extension under CORP thus the legal entity does not change and there should be no issue.

    It seems like for your initial H1, it was a mistake on their part that they filed you H1 under CORP while you were actually paid by the BANK. Can you ask them why they did that in the first place?

    If it's a mistake on their part, there's no reason why you should suffer and they must take every effort to help you out. Work with them, talk to your manager, his/her manager and explain them the issue. It's an internal thing and I'm sure can be worked out.

    Hope this helps.


    ----------------------------------------------------------------------------------------
    I'm not a lawyer. My posts are simply my views and not a legal advice.




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  • vxg
    08-22 10:29 AM
    I deal with the lawyers in Morgan Lewis for legal work in my company though not related to immigration but related to Fedral laws in Energy sector, very professional.
    appreciate any feedback or comments on law firm www.morganlewis.com
    for Ac21 and GC etc..



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  • purgan
    05-08 07:32 PM
    I dont' feel there is anything wrong with posting it...after all he has not written it (and even if he did, there is such a thing called freedom of speech)...he has only posted it.




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  • cr52401
    02-21 05:52 PM
    Requiring experience in addition to MS degree is considered "normal" for positions in Job Zone V. Whether it's more likely to trigger an audit or not - I doubt anybody will be able to tell you. For that somebody has to have experience of filing two PERMS, almost identical except for the experience requirement. I doubt many people have such an experience

    Styrum, thank you for your help. Do you know the situation to apply two perm witht the same company but different position? There is a lot of discusion around and we are really confused.

    Thanks.




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  • masala dosa
    01-13 12:42 PM
    I have EAD that is valid till Dec 2007, but I will be on leave of absence overseas from mid Feb to October , 2007. ( my Travel parole also expires in Dec 07)

    My I-485 is pending with PD Jul 2002 ( EB3 india)

    Will this time off destroy my Green Card application?

    ( does the EAD lose its validity if I stay overseas for >6 months and will this impact my GC process?)




    ektha123
    12-10 02:41 PM
    Hi
    we applied ap in octoer and we got receipt on oct 24th but we found a typo error on my daughters receipt instead of 'ekthasruthi sakala' it was ektha sakala' will it be a problem at the port of entry . please suggest me.




    samirpatel08
    09-09 01:16 PM
    My case was approved on Aug 19, 2010. I received my card on Aug 26, 2010.

    Unfortunately, The EAD card had a wrong start date. I have sent my cards back for correction on Sept 2, 2010.

    (I do have approval e-mail of my cards and the case.)

    So, Question is, Can I work while my cards come back with the correct date. I don't have receipt of the replacement cards in my hand yet.

    Please let me know.
    Thanks,
    Samir



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