Sunday, June 19, 2011

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  • ImmiLosers
    09-26 12:22 AM
    1)Incase my 485 application gets denied, can I start the process again and use the PD of my current application?

    2) Can I move to and start the GC process with another company and use the current PD (I140 approved, 180 days passed), even if my current company revokes I140 and my Job description is very different --- I'm assuming yes.

    3) What if I leave the country and come back after 2-3 years and reapply. Can I reuse the PD of my current application?

    I was told by a friend that the priority date is mine forever since my I140 is approved. Is that correct?

    Thanks

    YES YES YES - go ahead screw your smalltime employer




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  • VMH_GC
    07-13 11:13 AM
    :) Have every one wear white as the color of peace/silent protest/sadness.


    As he says, Wear a white kurtha/Shirt.
    Suit is also not a bad idea, but whatever be the dress, guys going to rally, pls. ensure your unity in dress code as well.




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  • mayhemt
    04-29 08:16 PM
    If only their future was clear... they would have a tleast bought a house, if not start a business.
    150 000 * 190 000 = 28 500 000 - Assuming 190K is median home price.
    28.5 billion $ went unused.
    This is just the real estate - not even counting other in-direct purchases, cars, furniture, other related services.

    150 000 * 100 000 * (6%) = 900 000 000 : Assuming 100K is their annual salary, US lost earning 900 million $ in SS contributions.

    May be we should show a factor to US Govt, each unused visa equals to XX unused economy dollars.

    Homes purchases lost : 28 Billion
    Social Security unearned: 900 Million
    Effect of guy yelling "Tuk Yer Job": Priceless.
    (If you watch South Park, you would understand the above...)




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  • miami75
    07-03 11:47 PM
    In Miami, as my nickname



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  • chi_shark
    10-16 12:27 PM
    look at your labor app... it states your proffered wage, job description etc. those are the terms and conditions... you can still get an EVL from your employer and have your lawyer (or have yourself) write a letter explaining how the EVL covers terms and conditions on the labor cert. in any case, this is a really stupid and unenforceable rfe... i mean how can the new employer even know whats in the labor and i-140? and without knowing that how can an employer "indicate" any compliance with t&c of labor and 140? i think you should be fine with just a plain evl that matches your job description and salary... at most, you can write a letter saying that "yeah the t&c continues to be valid".

    my 2 cents.

    may be not related ... but can someone explain what does this line mean ...

    The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.

    does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....

    anyone ?




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  • sunny1000
    07-19 02:41 PM
    It was a false positive and your x-ray confirmed it. Your doctor would have given the appropriate determination in the I-693 sealed envelope. If you still get a RFE, follow the instructions and go to the USCIS approved doctor near you.



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  • aquarianf
    07-19 08:45 AM
    my attorney did not ask for w2 or tax return, my company uses berry, appleman and leiden, usabal.com

    wonder why different attorneys have different requirements


    Even my attorney didn't include any paystub,w2s or tax returns. According to them employment letter is enough.




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  • txh1b
    08-06 07:36 PM
    hi,
    I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
    Can I know a few things
    1. Can he take me out of the GC ?
    2. Can he revoke my EAD ?
    3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
    please help...

    If you are on a H4, you can be taken out of the pending 485 if you go through a divorce.

    1. Possibly can with a divorce.
    2. #1, can be considered automatically revoked if divorced.
    3. No



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  • 485Mbe4001
    10-22 05:54 PM
    what is the significance of three ??? in your question. one is used the other 2 are unused.

    You have answered your own question...if Latvia had 2600 visas in EB3 FY 2006 and only 500 visas were used then 2100 are unused. They are transferred to people from other countries.




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  • rajs
    04-04 03:43 PM
    my case is pending from 2004
    visa numbers for PD are current but still no action on my case
    i dint even get a reply for the enquire i made in Jan 2009
    so for me its like a showoff story by USCIS :confused:



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  • pitha
    06-11 06:37 PM
    Even though this is your first post ever you are right, so you seem to understand things much better than people who have been following this forever. There are no favaroable amendments for us, the "good news" so far is proposed amendment from Collins which is going to abolish consulting for H1!!!!!!!!!!!! This is the sort of favorable amendmnets which will keep comming if the CIR comes back and on top of this, the reporter who wrote about this amendmnet, says that this brainwave amendment came after Microsoft CEO Steve Balmer met with Kyl!!!!!!!!!!

    The moral of the story is, such "good" amendments will keep comming if tech industry keeps lobbying for us :mad:

    Lets hope cir dies and if not then start opposing CIR

    I seriously doubt if they will introduce favorable GC amendments in the next round.The focus is on the illegals and we will get negatively affected in the process. Our best course of action would be to oppose this bill and hope for it to fail. My 2 cents.

    PS I do hope I am proven wrong though :-)




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  • martinvisalaw
    08-18 12:46 PM
    The RFE as per my employer is about Vendor/Client Details and a latest paystub from the current job. Since I started working already and was getting paid, my employer generated a paystub and supplied the same.

    I would be surprised if CIS wanted a paystub from the current employer. They are more likely to have asked for one from the previous employer to prove that you were maintaining status.

    I would normally not advise someone who was already out of work to use H-1B portability to start working for a new employer. I always recommend waiting until the new H-1B is approved. Given the gap between ending the old job and filing this H-1B, there is a strong chance that CIS will not approve the change of employer petition. This means that you have been working without authorization.

    See this blog posting for more details: Law Office of Elaine Martin - immigration news: Consequences of layoffs on H-1B workers - Part 1 (http://martinvisalaw.blogspot.com/2009/02/consequences-of-layoffs-on-h-1b-workers.html).



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  • newuser
    05-14 07:48 PM
    There is a live debate going on CIR

    Currently Rep. Charles Gonzalez ( D-Texas, 20th District, San Antonia) supporting the CIR.




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  • scorpion00
    10-06 02:43 PM
    Hi Manish,
    I hope everything goes well with you.
    Did the officials call you or come to see you in person?



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  • WeldonSprings
    05-27 12:44 PM
    You probably won't get a FP notice if you have done biometrics done before for I-485.
    So may just have to wait for approval.

    I E-filed on Apr-13th. Sent doc's on Apr-19th. LUD Apr-21st. No Photo's sent with doc's.
    Waiting for FP/Approval.




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  • new_horizon
    04-22 09:56 PM
    I think this banned person was only against the illegal people here. He/she mentioned that US should not welcome uneducated poor people who would be a drain on the US resources. But what he means is that US should welcome educated people like us who have contributed tremendously to the US economy. I think he's somewhat aware of the differences between illegals and legals.



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  • diptam
    02-10 10:25 PM
    Keeping H status for the Primary applicant (H1B) may sometime act as 'failover pair' ... But in these days of Highend Retrogression (specially if you are from India/China/Mexico) getting a GC would take 7-10 years - does it makes sense staying in H1 even for the Primary ??? .... I mean personally i've lived ( read 'did slavery') in US for sponsoring employees in H1 for 8 years and i wish to keep H1 as 'failover pair' but doing another 2nd term of slavery of 8 years till GC approval/denial comes - that makes no sense at all. Its a 'No-Brainer' ....

    Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play... Advantage :- One advantage of EAD is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)


    I agree, you should stay on an H1b as much as you possibly can. The H1b is already approved and you can transfer an existing H1b to a new employer (don't have to get a new H1b). But if you invoke the EAD status, you will forever lose your H1b. If anything goes wrong with your pending I-485 and you are still on an H1b, you still have time to appeal and to work through the issues. But if you are on the EAD at this time, then thats it, you have no time left because your EAD is issued to you as conditional approval of your pending I-485. You need to weigh the risks and benefits in taking a job with an employer who will not sponsor you on an H1b.

    Best of Luck




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  • ashkam
    08-07 10:44 AM
    if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??

    Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.

    Thanks
    -M

    The tax returns, W2s, paystubs etc should be yours, not hers, since she is filing as a dependent. I'm not sure if you need to attach your I-20. I'm not sure if you need to file an I-134 but my attorney recommended me to file an I-864 although I-485 instructions are not clear on whether its inclusion is necessary or not. But I would say why not file it just to be safe.




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  • ita
    01-23 01:26 PM
    Thank you very much for all the replies.

    Online we filled D-156 form (I guess you meant D-156 right?) but where is 157 (D or I but where do you find 157 form).?

    Thank you.




    hotbread1
    07-16 01:11 PM
    Please click one of the Quick Reply icons in the posts above to activate Quick Reply.




    jungalee43
    06-29 06:44 PM
    Sanjay,
    Thanks for your reply.
    Was your interview an "initial interview"? was the spouse with you?
    I am taking all documents, but what specifially they look for? I am confused by what they mean "Originals and copies of all supporting documents submitted with the application"? Does this mean documents submitted with I-485 or labor certificate?
    Can you post or PM your esperience?



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