Sunday, July 3, 2011

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  • wandmaker
    08-26 10:49 PM
    My limited understanding about the GC process is that from the day I-485 is filed, a person may change his/her job only after 180 days or more, and of course by filing AC 21.

    Yes, you are correct.

    Also, in case the I-485 does not get approved within the 180 days after filing, then how can a person change a job without having an EAD.

    You can file for EAD along with 485 or after you file 485 - EAD will be issued within 90 days (as of writing w/ current processing times) from the date of filing. You can change job only after 180 days filing 485 - In order for you to work for another employer you need EAD

    A person can EAD only once I-485 is approved? Is that correct.

    You will get GC itself once 485 approved, there is no need for EAD - EAD is a temporary work permit set to expire in 1 or 2 years from the date of issue




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  • gc_kaavaali
    07-09 12:45 PM
    thank you very much for all your replies.




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  • jsb
    07-20 01:37 PM
    scroll down the page to see chart

    Let Them In Page 2 of 2 - Forbes.com (http://www.forbes.com/forbes/2010/0628/special-report-immigration-opening-borders-mexico-let-them-in_2.html)

    As per this chart, wait for getting a GC in the US is as follows:

    6 months wait - 75 yrs old Kenyan, son a US citizen
    3 yrs wait - 24 yrs old Iraqi, translator, US military
    6 yrs wait - 35 yrs old South African, computer programmer
    6 yrs wait - 25 yrs old Venezuelan, student, father a US citizen
    10 yrs wait - 31 yrs old, Chinese, a factory worker
    20 yrs wait - 25 yrs old Filipino, student
    35 yrs wait - 35 yrs old Indian, computer programmer
    131 yrs wait - 30 yrs old Mexican, H.S. diploma, sister a US citizen

    Source: Department of State; US Citizenship & Immigration Services




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  • pappu
    06-03 10:49 PM
    get a zebra.

    No wait. Tell your friend to get a zebra.

    :d



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  • chikusri
    07-14 02:54 PM
    Hi there!
    Do we need to submit the documents for H-4 Visa renewal (expired in the last 12months) before the actual appointment date?

    Thanks




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  • smisachu
    09-04 05:16 PM
    If the company is moving within the same county then no issues.

    If it's moving to a different state (or) to a different county within the same state, then refer the following thread

    http://immigrationvoice.org/forum/showpost.php?p=158508&postcount=7

    Remember, the prevailing wage differs from county to county even within the same state.

    How about if the company moves with in the same state but different county. My company is moving to a bigger facility as we have outgrown the current facility. I have applied for I-485 on July 3rd and my I-140 is already approved.
    Seeing that under AC21, they give flexibility to move to a different employer and different state, I think the law would be flexible enough to accomodate moving of the work location within the same state with same employer.



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  • dhesha
    04-15 04:24 PM
    LC Sub/EB2 with PD June 2001 filed on July 27 with RD of Sept 8 got approved y'day. 140 filed on July 5th was approved on jan. no RFE, all were smooth.

    I was afraid because of my last years on L1B and filed H1b though this year quota and not sure if i'm lucky to have a number lottery. This gave me major relaxation.

    Best of luck you all.

    Had 1 Soft LUD on Jan 31 on 485 application.

    USCIS is doing a great job thank to IV to make these possible.


    NJoy the USCIS broken system of LC SUB buddy.
    We (Non-LC-SUB) are not so lucky and are stuck for more than 8 years in it and still no hope.
    Nothing against you -- its just that you need to be lucky to take the right decision otherwise you will be punished like many of us.




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  • mrdelhiite
    10-19 01:38 PM
    H1, H4 (spouse) and H4 (kid) living happily.

    File 485 and gets EAD/AP.

    H1 doesn't use EAD.

    H4 uses EAD and hence looses H4 status.

    I-485 is denied.

    Now, my understanding is that spouse has to go out of country and come back again on H4.

    What about the kid?

    When does the kid loose his/her H4 status? (When both mother and father use EAD)?

    As long as primary stays in H status any derivative who does not change his H4 status will stay in H4 status. the only way a H4 can loose H4 status if he/she uses EAD. In your case if i have understood it correctly ur Kid will never use EAD and if you never used EAD ur H1 status is active thus ur kids H4 is active .. also i think ur wife can change her status back to H4 but would require her to file some paperwork .. she might need to geta visa stamp when she tries to re-enter into us..

    -M



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  • permfiling
    07-29 02:41 PM
    If H1 for your spouse is already approved, there should not be any problem provided you carry all necessary documentation. If it is under processing (not yet approved), and you have your H1 approved, your spouse should not have problem for H4.

    Jsb,
    thank you for confirming. My wife's h1 is approved but once i took the appointment at calgary, the appointment letter mentions that first time COS conversions are strongly urged to go to their home countries as they cannot verify the academic qualifications. I think this is mainly for ppl going on desi consulting companies unlike universities.

    Thanks




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  • belmontboy
    04-12 02:54 AM
    Hi all, I need help in explaining my situation if someone can help me . Here is my info that I know
    EB3 ROW
    PD : April 6, 2006 (PERM)
    July Filer.
    i140 and i485 July 2007 (Received by USCIS Texas Center September 10, 2007)
    AP and EAD received September 2007

    I want to understand the process so I can know the meaning of the Visa bulletin based on my situation.
    I am guessing that right now I will have to wait for my i140 to be approved first before I can talk about i485. I checked the processing time for i140 at TSC and it is August 15, 2007. Any crazy estimate when I should get the approval?

    Once my i140 is approved then I can look and match my PD with the visa bulletin EB3 ROW for adjustment of status.

    I know there would be some more steps than these above. But are these statement above correct/incorrect?

    Thank you very much

    you can check the status of ur I-140 on uscis by providing ur receipt #

    you would get more information on processing steps by going through the posts in this forum.



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  • needhelp!
    10-11 05:36 PM
    ^^




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  • jchandra
    02-26 12:56 PM
    Dear sir/Madam;

    I have worked in my organization for over one year in the US and abrod in the subsidiary for one year. My organization is trying to apply for L-1A (managerial category) visa for me to come back to US again.

    How easy is to obtain L-1A through immigration lawyers?

    What forms do I need to submit for applying this visa

    Our company attorney does not provide complete information, therefore I would appreciate your help on the above.

    Thank you,
    John



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  • suavesandeep
    12-12 10:12 AM
    My wife renewed her license showing 485 receipt as the evidence. I think the PA DMV Manual says that if your AOS application is in progress , You can renew your license for 1 year. We did not need to show the EAD.

    Check Section for parolees http://www.dmv.state.pa.us/pdotforms/fact_sheets/pub195nc.pdf




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  • Blog Feeds
    09-24 03:20 AM
    Federal Reserve Chairman Ben Bernanke said that on September 15, 2009, the worst recession since the 1930s is probably over, although he cautioned that pain - especially for the nearly 15 million unemployed Americans - will persist. Bernanke said the economy likely is growing now, but he warned that won't be sufficient to prevent the unemployment rate, now at a 26-year high of 9.7 percent, from rising. The recession, which started in December 2007, has claimed a net total of 6.9 million jobs.

    With expectations for a lethargic recovery, the Fed predicts that unemployment will top 10 percent this year. The post-World War II high was 10.8 percent at the end of 1982. Some economists say it will take at least four years for the jobless rate to drop down to a more normal range of 5 percent.

    Analysts predict the U.S. economy is growing in the current quarter, which ends Sept. 30, at an annual rate of 3 to 4 percent. It shrank at a 1 percent pace in the second quarter, much slower than in previous quarters. While many on Wall Street have been encouraged by early signs of stabilization in U.S. home prices and hope the housing market may have hit bottom, others aren't so sure.

    Still, Bernanke's declaration that the recession likely ended marked his most optimistic assessment yet of the economy. And his remarks came on the same day that the government report that retail sales jumped 2.7 percent in August, the most in more than three years. All this helped to lift stocks on Wall Street. The Dow Jones industrial averaged gained nearly 57 points to 9,683.41, its highest finish since Oct. 6. He said that the economy is coping with "ongoing headwinds," including hard-to-get-credit for consumers and businesses, and households saving more, spending less and trimming their debt. Those forces can weigh down the recovery, he said.





    More... (http://www.visalawyerblog.com/2009/09/us_economy_is_reviving_slowly.html)



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  • clear485
    08-26 02:30 PM
    Hi Guys,

    I have an appeal Pending with AAO for a denied I140 EB3 India 2004, If I withdraw my appeal and refile I140 I know I will loose pending I485 application. but will have ability to extend my h1 in november showing the refiled I140?

    Recently went through the following info....don't know if it helps you or not....

    USCIS Policy on Refiling of I-140 Petition Pending AAO Appeal

    The AILA-USCIS Service Center Operations Office Liaison minute indicates that the USCIS will allow the employers to refile I-140 petition when the denial of I-140 has been appealed and pending before the AAO. However, such refiled I-140 petition will be held in abeyance pending the decision of the AAO for the appealed I-140 petition. It advises that in order to seek the adjudication of the refiled I-140 petition, the employer must withdraw the pending AAO appeal. However, people must understand that such decision should not be made too lightly in that there are a lot of benefits attached to the pending AAO appeal, which will be wiped out once the appeal is withdrawn. Such benefits include AC-21 extension of H-1B nonimmigrant status even beyond the six-year limit. Besides, pending the appeal, the USCIS decision of denial is considered "not final," and there are a number of benefits attached to the situation when the denial is considered not final.




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  • permfiling
    08-14 12:07 PM
    I have my old employer visa and I-94 valid till mid next year. My new employer had filed a H1 extension with CSC which was denied but I got a H1 approval notice without I-94 stub. I was told by my attorney to go to canada and get a new I-94 card as I have a visa stamped which expires july of 2011. Being in west coast, I was planning to go to vancouver. Any one been through this, please post your experiences.

    Thanks



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  • Krilnon
    12-02 01:39 PM
    But it must be� Seb Hughes (http://www.kirupa.com/forum/member.php?u=27016) goes there!

    Anyway, I'll let you get back to your Flashing/Silverlighting. :sure:




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  • skp71
    04-02 11:58 AM
    Some good thing is going to happen for EB3 category or not? I hope all the efforts we put are not goin to waste...




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  • Blog Feeds
    10-26 11:40 AM
    For most Lawyers handing H1B (http://www.h1b.biz/lawyer-attorney-1137085.html)cases, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable.

    Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.

    In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
    problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.

    To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:

    (1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
    Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
    LCA; and

    (2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
    rejected.

    Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.








    More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)




    willIWill
    05-18 11:13 AM
    USCIS and Department of State's Bureau of Consular Affairs Co-Host National Immigration Conference in Washington

    WASHINGTON�The U.S. Department of Homeland Security�s U.S. Citizenship & Immigration Services (USCIS) and the U.S. Department of State�s Bureau of Consular Affairs are co-hosting an interagency National Immigration Conference at the U.S. Capitol Visitor Center from May 17-19, 2010.

    Over 200 congressional staffers from across the country will attend the conference to learn more about how USCIS and the U.S. Department of State work together in assisting congressional offices and their constituents. Keynote speakers include USCIS Director Alejandro Mayorkas and Assistant Secretary for the Bureau of Consular Affairs Janice L. Jacobs.

    �Each and every day we work with Members of Congress and our partners in the Department of State to address challenging immigration cases and issues,� said USCIS Director Alejandro Mayorkas. �We deeply appreciate the Congressional offices� participation in this week�s conference, which provides us all with the opportunity to discuss how we can better serve the public.�

    Speakers from USCIS, the Bureau of Consular Affairs, U.S. Immigration & Customs Enforcement, U.S. Customs & Border Protection, and the Federal Bureau of Investigation will speak on a range of topics including immigration systems; citizenship and naturalization, humanitarian parole, intercountry adoptions, international child abductions, emergency assistance for U.S. citizens, and employment based visas.

    USCIS - USCIS and Department of State's Bureau of Consular Affairs Co-Host National Immigration Conference in Washington (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=823c11fd267a8210VgnVCM100000082ca60aRCR D&vgnextchannel=a2dd6d26d17df110VgnVCM1000004718190a RCRD)




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    01-17 05:16 PM
    What is the Cutomare service No to Contact ( I dont have the receipt nUmber)



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