Saturday, June 11, 2011

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  • pappu
    06-12 04:09 PM
    This meeting is very important especially in light of recent remarks from Sen. Harry Reid. We have to find out more information on the background discussions on this. There is a possibility that either Administration is serious about it and wants to give time for people to come with a consensus or this delay may cost us this year's CIR.





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  • visves
    12-20 12:03 PM
    I believe the AP needs to be approved before the person leaves the country for it to be used while coming back. This needs to be clarified though.


    From your post, it sounds like she doesn't have an H4 stamp on her passport, but only the approval notice. She can't re-enter the US only by showing the approval notice at the port of entry. She needs to have the stamp on her passport as you already may be aware of.

    Sending AP (or any other immigration document in original) outside of the US (e.g., to India) via courier/mail is risky, if not forbidden by law.

    GG_007

    PS: Not a lawyer, just my personal opinion.





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  • vxg
    07-27 03:10 PM
    Thanks. I will ask my employer if they can provide me one.
    My employer has sent me a copy of I-140 approval and i got a letter from Dallas BEC stating my labor was approved.





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  • GCapplicant
    08-14 02:10 PM
    checked with uscis ...she has mentioned we have to wait 90 days for the great receipt .Thats what shows in their system.

    if receipt takes so much time how about EAD.

    Earlier they mentioned 45 days...now 90 days.No idea.:(



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  • cchaitu
    07-24 04:27 PM
    Hi,

    If I have a permanent offer after 180 days of Receipt date (I 485)...

    Is this offer should be in the same location (state) where my labor got filed ???

    Please advice...

    Thanks





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  • santb1975
    05-20 12:52 AM
    We can do it



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  • looivy
    10-05 12:05 AM
    He needs to wake up and look at the plight of legal immigrants.

    VIA The New York Times

    "Although President Obama has put off an immigration overhaul until next year, the federal agency in charge of approving visas is planning ahead for the possibility of giving legal status to millions of illegal immigrants, the agency’s director said Thursday.

    “We are under way to prepare for that,” Alejandro Mayorkas, the director of the agency, the United States Citizenship and Immigration Services, said in an interview. Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose, said Mr. Mayorkas, who became director in August. The agency’s goal, he said, is to be ready to expand rapidly to handle the gigantic increase in visa applications it would face if the legislation, known as comprehensive immigration reform, passed Congress."


    Continue reading (http://www.nytimes.com/2009/10/02/us/politics/02immig.html)



    More... (http://ashwinsharma.com/2009/10/02/president-obama-advises-uscis-to-prepare-for-possible-legalization-legislation-in-2010.aspx?ref=rss)





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  • shankar_thanu
    07-30 08:03 PM
    Yes, EAD is bassed on the 485 you had filed. But it is very very risky to use the EAD even before I 140 is approved, since if by chance it is not approved or some very difficult query comes, and 140 doesnot get approved, you lose your H1 or L1 or whatever current status you are currently in, if you had begun using EAD(since the 485 is based on future approvablity of the 140 and once 140 gets denied, the 485 and EAD automaticaly gets denied)



    What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?


    thanks.



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  • sammyb
    10-05 04:28 PM
    Sorry for opening a new thread, Please point me to the thread if this issue is already addressed in some other thread and delete this thread.

    I filed my I-485 in July, Still waiting for receipts, Now my company got acquired by another company. My questions are-

    Any actions required from my side? What will happen to my I-485 which is already filed, Do I need to re-file with new company?
    If I get EAD in next few weeks can I use that EAD after 6 months of filing I485?

    Thanks


    I had the same situation when before I apply my GC my company was taken over by my current employer ... there is something called 'successor of interest' .... as I understand the new company will take over ownership of any H1/GC etc that you have with your previous employer ...

    this is just my thoughts .. better you get it verified by your lawer ...





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  • namm80
    04-07 10:18 PM
    H1B extension beyond 6 yrs is possible under 2 circumstances:

    a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).

    b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.

    So CADude should get 1 yr extension is worst case.

    Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.

    ok gurus here's my situation..
    1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.

    2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...

    3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)

    4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...

    so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
    thanks guys..



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  • stemcell
    02-11 11:38 AM
    Albertpinto

    Nice idea actually.

    There have been many articles about economic growth secondary to legal immigrants.
    In retrospect all of us come with couple of suitcases and end up in the top 10% of the socioeconomic strata given a time frame of 5 yrs or less.
    Washington know this but the lethargy to do anything for us is i think is political.

    Now that CHANGE has been elected lets see whats in store for all of us.





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  • Shailesh76
    12-09 10:34 AM
    Here is my letter with names out:
    Dear Senator,
    My name is -------, and I am a highly skilled technology consulting professional from India. I came to the U.S. back in 2000 on employment and since then, I have made an excellent contribution to all the employers that I have worked for. My current work involves consulting in Public Sector for a State Police Agency. I am involved in developing an information system that will increase officer safety, and boost crime prevention and control.

    However, I feel that my human rights are being violated.

    My wife, --------, is a CPA - a highly qualified and accomplished individual. She cleared the NASBA CPA exam with flying colors in first attempt.

    However, she feels her human rights are being violated.

    This is so due to an issue called Employer Based Green Card Retrogression.

    In these years, we have earned top notch dollars, paid taxes, made charitable contributions, visited numerous craft fairs and bought American products, and participated in the cultural diversity of this country. Highly skilled and accomplished as we are, we don't have a life.
    We don't have a life, because we don't have security and peace of mind. We don't have peace of mind because after toiling for more than six years, we are still temporary workers. We don't have a green card yet.
    Because we don't have a green card, life has come to a hold. Here's how.
    For the longest time we didn't participate in my employer's 401 K plan because we weren't sure if we will get our green card and become permanent residents and hence be able to enjoy fruit of our labor after retirement. I didn�t buy life insurance, or make long term investments for the same reason - unless we get a green card it seems like we are living in an exotic refugee camp. We haven't bought a home because our H1Bs have always been tied to a particular employer, and there is always this chance where if for some reason one of us loses our job, then we will not be able to afford the mortgage and may also have to leave the country in a matter of days, leaving no time for us to sell the house.
    Senator, where is my American Dream? Why has America created a temporary workers' program which is completely unfavorable to the worker's quality of life and long term welfare?
    My wife's H1B visa is expiring this February 2007, and since her green card was not filed and mine has no chances of showing up in that time, she will have to quit her job and sit at home - almost under house arrest. I can't even imagine what it would do the morale and self-confidence of a dignified woman who has earned her living through her hard work all these years.
    Senator, we are in a crisis.
    EB Green Card backlogs have resulted for individuals coming from high-demand countries, even when the overall cap has not been reached and regardless of the fact that these high-demand countries are often the only source of individuals capable of filling high-skilled jobs. Those caught in the backlog are forced to spend up to seven years waiting, unable to become true stakeholders in this country, putting their lives on hold in the hopes that a green card will eventually become available to them. Not surprisingly, these talented professionals often tire of waiting and leave the U.S. to put their knowledge and skills to use in other countries eager to compete with and surpass the U.S.

    But this need not be the case.

    By passing legislation that provides H-1B and EB green card backlog relief, you will be showing your support for enabling the best and brightest from around the globe to contribute their skills and knowledge to the U.S. economy, which is good for American workers, American businesses, and the country�s long-term economic health.

    I request your support for the High-Skilled Immigrant Interim Relief Act of 2006 bill introduced in the Senate by Senator Cornyn. This bill provides relief to legal high-skilled immigrants waiting patiently for their permanent residency and gives required impetus to innovation and competitiveness in the U.S. A similar bill popularly known as the Securing Knowledge, Innovation and Leadership (SKIL) bill was introduced in the Senate by Senator Cornyn and co-sponsored by Senators Allard, Allen, Bennett, Enzi, Hutchison and Lott. This bill has also been introduced in the House by Rep. Shadegg and co-sponsored by Reps. Conaway, Doolittle, Flake, Hoekstra, McCaul, Pence, Shimkus and Tiahrt.


    I am a member of Immigration Voice, a national grassroots organization of legal high-skilled immigrants. Our organization is committed to helping the United States maintain economic competitiveness by retaining the world's best and brightest talent in the United States.

    My family and about 500,000 others are in urgent need of your action in this matter.



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  • krishna_brc
    05-21 01:20 PM
    i did it myself too..pretty straightforward..they hv all info on their website..

    Hi Pandya,
    Can you please provide their website link. I appreciate your help.

    Thanks,
    Krishna





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  • SGP
    12-09 02:15 PM
    Good to see at least some movement in EB3-I



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  • ramus
    09-08 01:05 PM
    rpulipati,

    If I remember correctly, I think you starting from Greensboro, NC..

    Do you plan to ride our bus ? Are you in touch with raleigh folks?

    Please send me PM if you interested in riding bus..

    Thanks.


    internet, i updated my signature to indicate: attending for rally. can you please do the same. If you dont know what extactly IV is asking law-makers in rally, please do not worry to answer.

    JazzByTheBay, Thanks for your response. I read the mission statement & website, but I'm still not clear on what we want from this rally (other than showing support for IV).

    If you look at few months back, when supporters of illegal immigrantion did the rally, they wanted CIR to be passed.

    1) Is there a bill in congress, that we are supporting? If so, please share the details.

    2) Are we proposing a new bill? If so, is it not wise to propose a bill ASAP before rally? Law-makers are going to ask, what do you guyz want? Are there any benchmarks for rally? Having a solution (a bill) in hand will help to represent and to join more people for rally.

    Law-makers may not understand, if we just say, expedite our GC applications. They understand bills.

    As mentioned before, I have good faith in IV & attending rally. So, people dont drag around it.





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  • jvordar
    04-07 07:40 PM
    thnx CADude... did you had to provide job description used in your labor or your last H1? if not then did the new employer used their own description?



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  • maverick6993
    09-01 02:49 PM
    You should be ok to come back with an AP.





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  • H1Girl
    08-16 07:19 PM
    I was told by my attorneys para leagal (so who knows if this is true or not....) that the ITIN number is the same number that will be issued in the form of ssn.

    Fire your Paralegal, if you can...





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  • zCool
    05-17 07:27 PM
    you are going to have to do some type of litigation.. which court and how are questions for your lawyers.. This forum is probably not right place.. start with attorny.. make sure it's not your attornies who screwed up..
    have proof of documents for all the facts
    and then go file in one of the federal courts..





    x1050us
    06-26 05:03 PM
    My attorney says the real problem is, chennai wants a copy of primary applicants valid visa stamp if applying separately. Which means I have to get out of the country to get a visa stamp for sake of my spouse. I am thinking of flying to India and get my visa stamped along with my wife (don't know if vfs will allow me to add an application now). Any other suggestions?





    ars01
    01-19 08:52 AM
    Filed I-140 in October 2006 in EB3 category.



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