Monday, June 27, 2011

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  • raysaikat
    05-25 03:43 PM
    Apply for AP - 350 bucks. If you application is valid - you will get it.
    Do this before trying to figure out using more money if your application is active. That may result in raising alarms and ultimately may be bad for your application. No one can penalize you for applying for EAD AP.
    Once your husband is back here ask him to reapply for EAD and you send in your application too. If that comes you are all set no need to refile H1B but keep it just in case because of your special case.
    All the best!

    This is not a good advice. Whether or not the GC application is active (not abandoned) depends on the action taken by the primary applicant. USCIS may have the file as active, and may approve EAD --- that does not mean that the legally the application is not abandoned. If and when USCIS starts working on the application and issues RFE, etc., to clarify status of the applicant at various times, they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.

    The right thing for the OP to do is to consult an immigration attorney who will be able to determine whether the application may have been abandoned or not.





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  • lazycis
    08-15 10:15 AM
    Yes and no. Yes it is mandatory by definition. No because there are ways around. You could go join a school to get higher education. You could ask Y to terminate your employment.

    Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!

    It is mandatory by law. Both side have to have a bona fide intention (for company - to hire, for employee - to work for) for EB GC. Employer proves its intent by filing I-140. Employee proves his/her intent by joining the employer. Each situation is unique, but in OP's situation, there is no bona fide intent to work for company Y. Therefore, it will be a fradulent GC which can be revoked. How OP is going to prove that he was going to join Y after GC is approved? AC21 allows for porting, but porting to company X will look fishy as well. If OP can get a letter from Y that position is no longer available, it may help. This being said, there is a possibility to get a GC without any issues.





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  • kondur_007
    03-29 09:12 PM
    Thanks you very much for the reply.I appreciate.
    Yes, Thats perfectly right.
    Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).

    Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.

    I personally think (I am not a lawyer), the delay with your current employer's (employer A) petition for extension is very likely to be "employer" (who is probably under review) rather than "you". (the reason I believe that is the fact that they approved your H1b with another employer; so if it is security check on "you", that would not have happened.).

    So if my assumption is correct, you should not have any trouble in getting visa stamped for "employer B" (new employer, with new H1b approval that you have - the one that came without I94),

    Good Luck. (If at all possible, do one consultation with a competent attorney who can review all the facts, trust me, your money will be worth)





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  • ivrox
    01-29 03:31 PM
    Able/willing!!
    Look how EB process affected our life.. Labor certification terminology now feels so natural to us

    Yep, any qualified person can notice his inability/unwillingness !



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  • sanprabhu
    01-30 09:24 AM
    Don't go by Online status message in USCIS website. It is a bull and often flat out incorrect.





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  • small2006
    08-20 02:38 PM
    I gto the same response last week. They were so adamant in denying me the info that I got frustrated and hung up on her.:mad:



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  • chtting2me
    06-28 08:38 PM
    Is it worth to file premium processing on friday?





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  • kartikiran
    07-31 02:12 PM
    u guyz r funny.
    :)
    Six flags can make lot of money by basing a dangerous and wild ride based on VB dates Graph. :)
    http://immigrationvoice.org/wiki/index.php/Past_Visa_Bulletin_Data
    They will have to put just one warning.
    "Beware: Once you start the ride....
    Only luckiest of you will be able to get out safely.
    Most of you will be on this ride which has an endless loop.
    Only real option for people who would like to end the ride would be to jump from the ride. We are certain there will damages but we are not responsible for them.

    And yes we intentionally put this warning after the start of ride. Otherwise you wouldn't have decided to ride on it.
    "



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  • pragir
    12-18 01:50 PM
    We got our mexican visa (going to mexico on vacation for 10 days) two weeks ago in Raleigh, NC. It was a breeze. I got a list of things that they wanted to see including

    1. passport
    2. US visa or approved I-797
    3. Proof of residence in US (house tax bill etc.)
    4. Air itinerary
    5. Completed visa application form
    6. 2 passport size photos
    7. $36 per person visa fee

    The process was fairly smooth. I was able to get my passport with visa the next day. My friends went a week later early in the morning and were able to get their visa with an hour and half on same day.





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  • tonyHK12
    02-19 01:19 PM
    you may find this helpful. it provides info on I-130 and I-485 and the documents you need to file. if he is clean (no criminal background, issues with legal status etc) then you should not have any problems. Good luck and congrats on your marriage.

    Useful link, however it appears her husband is an illegal immigrant failing the legal status clause.

    @Blondygirl: This forum is for employment based legal immigration and no one would know what to with the undocumented. We generally try to be "Neutral" on illegal immigration.



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  • kaisersose
    11-15 05:34 PM
    No Sir..Management is also included in 15-1031.00 - Computer Software Engineers, Applications. Here is quote from O*Net

    "Supervise the work of programmers, technologists and technicians and other engineering and scientific personnel."

    Link: http://online.onetcenter.org/link/summary/15-1031.00

    Nope...this supervision is in the capacity of a senior engineer/technical resource. Once the word manager appears in the role it falls into the manager basket which I believe is is code 11.* It will probably never occur to the IO to consider job code 11 for a manager.

    Perhaps there are some bold risk-takers out there willing to take chances and claim to be in code 15 although they have manager profiles, but I am not one of them.





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  • getgreensoon1
    04-07 04:02 PM
    You mean those passing from the likes of TVU and ITU or those from Harvard/MIT ?? How do you define "reputed" US University ? And why do you think clients engage "underskilled" operators and not "skilled" US graduates ? Lower rate ? But then we see so many US graduates languishing in EB 3 ???

    BTW, why are you still having a hard time getting visa --- the quota was wide open till January at least .

    There is no point blaming on non-US students when US students are making a beeline to desi consultants for H1. May be the law should be -- no consulting job for US graduates.

    A reputed university = very few or no gultis. TVU had only gultis...so did not qualify.....



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  • anirudh74
    03-18 12:09 PM
    Don't count on it.Even if it is introduced it will hit a road block in the house.So go and do what you need to do.Its foolish to base all your plans on CIR. I am sorry to say this , but this is the reality and there is very little that anybody can do to influence this.





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  • jnraajan
    01-18 10:54 AM
    You cannot become a Canadian Citizen, just because you are on H1 in the US. The only advantage is you can apply for Permanent Residency from the US, which is much faster than applying from India. Once, you get your Green Card, you still should maintain residency in Canda, before you apply for Citizenship.

    Ria, You can apply for Canadian Permanent Residency by urself. You dont need to hire people to do it. I did it by myself, and it is very easy.



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  • khans02
    10-03 03:00 PM
    Applied for labor February of 2004 in regular then changed to RIR in September 2004. Got 45 day letter in May. Finally got labor approval letter yesterday October 2nd.

    I have a question - is there any premium process for I 140 or 485?

    Thanks

    Saeed Khan





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  • Ann Ruben
    03-29 08:06 PM
    Yes, if the I-140 has been approved, your brother is entitled to use the 2007 PD on any subsequent I-140.



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  • Sunx_2004
    01-02 04:05 PM
    Congratulations you started the process, Now relax and wait. Without any favourable legislation It can be while before you can apply for your AOS. Meanwhile have labor and I 140 approved.


    Hi Everybody,

    I know that nobody has an answer for my question, but still i would like to get the views/inputs from the seniors here , who have experience with USCIS.

    When do you think a person with PD of Nov 2007 ,EB3 from India, would be able to file for 485??





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  • gccube
    04-11 03:15 PM
    I did add all the dates available with me to my profile but it doesn't apprear on the tracker. That made me think that there could be a separate option for this.

    Thanks for the reply.





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  • eldrick
    08-16 01:53 PM
    Initially, when lawyer sent the documents for signature, they said we should send a $745 dollars check for spouse's form fees. So, my husband asked HR if he's gonna pay for this but HR told him no need they are gonna cover it.

    But just yesterday, after my husband got his payslip they deducted 1245 fee. So, my husband complained that he was told that he's not suppose to pay even for spouse's fee.

    Because of this complaint, Company sent a letter of apology for wrong information.

    My question is , do we really need to pay for this + separate legal fee?

    Sorry my details are incomplete in my first post.

    Please help. Thanks





    senthil1
    03-05 08:53 PM
    We cannot justify the opposition to price increase as INS expects the fees to be paid by employer. So if needed employers can oppose not the employees. Only fees the candidates expect to pay is citizenship fees and all other immigration related fees should be paid by Employers as they are sponsoring gc


    USCIS fees cover none of the activities you mentioned.





    MerciesOfInjustices
    05-23 11:26 PM
    A Congressman named Pence is proposing this 'compromise', which has been posted in a Time exclusive Exclusive: A Compromise Plan on Immigration (http://www.time.com/time/nation/article/0,8599,1196991,00.html?cnn=yes)!

    With the Senate headed toward a final vote on an immigration bill this week, a leader of House conservatives is asking his colleagues to support a free-market plan aimed at bridging the gulf between the versions in the two chambers. The proposal by Rep. Mike Pence (R-Ind.), provided to TIME ahead of an unveiling speech at the Heritage Foundation, is arguably less compassionate than the version being debated in the Senate and supported in principle by President George W. Bush. But it looks to be more palatable to House Republicans, many of whom have opposed creating a guest worker program before new border crackdowns have been given a chance to work.


    Very disturbing is this passage in this article

    His plan includes all the security measures of the bill that has already passed the House, and adds a provision for guest worker visas would be good for two years. A limited renewal would be available if the worker studied English and passed an English proficiency class. Federal law already has visa categories A through V. �The visas will be referred to as �W Visas,� � Pence say in his remarks. �No kidding. I think it is obvious whose support we are trying to garner here.�



    No mention of anything for legals here!

    Hope this does not see the light of the day, and dies its own death!



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