Tuesday, June 14, 2011

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  • mchundi
    03-15 12:30 PM
    hi Super_Moderator,

    Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...

    just to know whey we need to wait for later to add this...

    Guys,
    This is a complex issue. That one point may have been the reason S-1932 did not go thru. It gives an impression as if 1/2 million employment based G.C's will be dumped into the market, but in reality the USCIS is able to process around 200k G.C's per year.
    The current provisions in the CIRB target several areas and likely to keep the dates current for EB-1,2,3 current for a couple of years.
    Our consultants have advised us well in this regard, if they have done so.
    --MC




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  • rsrikant
    08-09 08:59 AM
    i filed my 140 on july 12th. Received receipt notice from TSC on jul 23rd.
    My attorney filed for 485 on aug 2nd. But he filed with old fee and old 485 forms. He says i fall under july visa bulletin, so i can file with older fee.

    Is he correct? Will there be no problem with my application?




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  • gc_on_demand
    11-20 12:13 PM
    I think the Core team should try to contact her ASAP to make her aware of your situation. Her schedule will me more tight after January, and it might we very very difficult to get her attention for few months after that.

    Harivinder ,

    WE are core here. Right now given economy environment only few members are insterested into this forum. Rest are enjoying life with EAD or busy replying RFE's ... We need to wait for sometime becasue no matter how loud you cry right now no body is there to listen. ( Lame duck session is short and 100 % no hope for us. )

    I dont think we can push something to congress untill Feb 2009. So enjoy time with family in holidays.




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  • LostInGCProcess
    03-03 11:24 AM
    I did AC21 from a Consulting company into a big financial company and moved using EAD. My old employer requested USCIS to revoke my 140 and as a result I got a NOID from USCIS asking details of new employment. I gave the details and my case processing resumed.

    AC21 issues can be resolved. So don't worry about it.

    Chanduv23, When you moved to another employer, did they give you a permanent offer letter for your GC process that you would attach with the Ac21 documents or did you use the employment letter that they gave for joining the new company?? Am I confusing you? I meant to ask, since GC is for future employment, did thay give you a separate employment letter for the future job?



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  • BimmerFAn
    05-29 09:34 AM
    I am posting this so that others may benefit from my experience and also not repeat the same mistakes that I made.

    I originally came to the United States when I was 9 years old in 1996 as a J-2 Dependent. I finished my grammar school, high school and college here. I started working on OPT and tried to figure out a way to get an H1-B visa since I knew that I was subject to Sections 212(e) � 2 year home residency requirement, which prohibited me from obtaining H or L status or pursuing permanent residency.
    It was only after I consulted with a top tier immigration attorney that I found out that in certain circumstances J-2 dependents can apply for a waiver separately of the J-1 principal. The waiver for a J-2 dependent falls under the same procedures as an Interested Government Agency (IGA) waiver, except that if selected for a waiver, the Department of State will act as the IGA on your behalf. The attorney told me that the process to obtain a waiver could take anywhere from 3 months to a year, with 6 months being the projected average.

    To apply for the waiver I had to send the DOS mine and my family�s visa history, complete photocopy of my passport, translated copy of my birth certificate, a printed copy of the application I had to fill out online through the DOS website, and a statement of reason (SoR). The SoR is the most important document since it gives you a chance to persuade the Waiver Review Board that you should be allowed to remain in the United States. Basically, since I came here when I was very young, I wrote about my academic, charitable and professional contribution to American society over my 14 years here. I mentioned that I had no ties to my former home country and was financially independent from my parents. I also wrote about how my career as a CPA benefits US companies and US economy, and how US financial reporting standards are vastly different that those of my home country etc. Moreover, I submitted other materials supporting my SoR such as my academic transcripts, employment offer letter, paystubs, CPA license, letter supporting my involvement with various charities, and a letter from the J-1 principal explaining their program and my relationship to them.

    The Department of State recommended me for a waiver in just 2 business days after they received my documentation. The USCIS approved the waiver a week after receipt. The attorney submitted an H1-B petition for change of status (premium processing) as soon as the DOS sent the Favorable Recommendation to the USCIS. In most cases, to apply for an AOS all you need is a copy of the favorable recommendation the USCIS will adjudicate both simultaneously under premium processing. The USCIS took 14 nerve racking days to process it, but ultimately they approved the petition.

    Overall, the process to waive the 2 year HRR and obtain an H1-B visa took me only 1 month and I count myself very lucky. I wish I had acted on it sooner, but before speaking to the attorney�s I had no idea a waiver was even an option and could only think of nightmarish scenarios. I will monitor my post in order to answer any questions you may have. I would want nothing more than for others to learn and benefit from my experience and save themselves the agonizing stress that I went through.

    Please find the complete timeline for my process below. From speaking with my attorney I heard that my timeline is rather extraordinary so please do not think that all processing times are exactly the same.

    Applied for a Waiver with the DOS: 4/22/10
    Received by DOS: 4/30/2010
    Response: Favorable Recommendation 05/04/2010
    Received by the USCIS @ VSC: 05/07/2010
    Waiver Approved by USCIS: 05/15/2010
    H1-B Filed under PP with the USCIS: 05/07/10
    H1-B Received by the USCIS: 05/11/10
    Decision: H1-B Approved 05/25/10




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  • pritibshah
    06-24 08:35 PM
    Hi,

    I recently (one month back) got laid off from the company who filed for my green card. Today i got RFE on my 485 (AOS) requesting "currently dated and original letter from current employerthat specifies dates of employment, current postion, wage, and that the terms and conditions of the empployment petition continue to exist".

    I am not working with the company anymore but I am on their payroll till July 21st 2009.
    I am still looking for a new job so i don't have any prospective employer yet. I have to reply back before July 19th so I don't have enough time left.

    My company said they can't give me employment letter now so my companies lawyer suggested that they will send reply with their own cover letter and my last two months paystubs. 3 years of tax returns.

    Do you think it will work and it won't cause any problems to my petition?
    What other options do I have ?


    Thanks in advance!



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  • TexasGC
    07-21 03:21 PM
    Why does USCIS want TB test done? Many countries like India have BCG vaccination administered at childhood thus preventing TB. However, such people will show a false positive if administered a skin test for TB.

    This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.




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  • satyasaich
    08-28 08:36 AM
    to tell you the truth, DO NOT make silly statements at all. like someone said in this forum, we ARE professionals and dignified individuals with a wide array of qualifications by virtue of which WE are doing jobs in this country. some of us are here working for more than 8 years, some others may be 3 years, some others may have just begun.
    Don't waste your time.if this country wants to loose wizards like who created hotmail or google, please let your lawmakers know that. and let me know the response you get.


    I hope you all boycot the work and do a rally. That will help those Americans replaced by you, to finally get their job back. Or even better that will help the millions of tech workers in India, who wants to get your job, a chance. So go for it.



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  • mhtanim
    07-21 08:07 PM
    In rare cases RFE has been issued. My doc also wrote that I need to follow-up with my PCP for INH treatment on my medical form. I visited my PCP and they sent me to a Infectious Disease specialist. The ID specialist said that there is no urgency for treatment although it is recommended to have the treatment. But said I can my take my own time to think if I need to go through the treatment.
    Asked what if USCIS sends an RFE, the ID said that they usually do not ask for it for younger people but for someone over 50 , they may ask. In any case he said if I received any RFE he was willing to provide me a letter that INH treatment is not urgently needed.

    You actually have active TB? Or you are saying your TB skin test came out positive as you had BCG?

    If you had given BCG and your skin test came positive, that's very normal. If your doctor here wants to treat you because your skin test came positive although your chest x-ray is clear, then you probably should change your doctor.




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  • xyzgc
    10-13 11:10 PM
    how abt dressing up as a mickey? they'll love u for it..;)



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  • amitga
    02-09 08:01 PM
    One day we will also get notice to leave US, just like doctors in UK have got.




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  • BMS1
    11-08 12:50 PM
    It appears that this 655K includes family based I485 cases too who are in a different queue.



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  • thepaew
    09-24 02:45 PM
    Hello Seba

    If you are from EB3ROW, you may be spared the endless wait that some of us have to endure. You could file for your green card and go to business school in the US after your green card application has been approved.

    Another option could be that you can file your labor certification and hold off on filing I-140 until you hear back from B-school about the status of your application. If you are admitted, you can attend. If denied, you can continue the processing of your GC.

    I am not an immigration expert - so please seek an attorney's advice.

    Wish You the Best

    Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.




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  • dehradoon
    06-14 07:15 PM
    Hi,
    My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?

    Please advise.:confused:


    Yes, you can file for 485 when extension is pending, I did that last year.



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  • meridiani.planum
    04-06 02:34 AM
    inline...

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
    >> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.

    -- there is no issue with intent. He has stayed for 6 months with current employer. After 6 months the law itself allows him to change sponsoring employer, so where is the question of intent?


    2) Should I let USCIS know that I am changing my employment?
    >> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)

    --what are you talking about? A LUD could mean anything from a system update to your previous employer finally cancelling your H1. What recent-LUDs-on-first-H1 are you talking about?

    >> (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),

    --Why? If you have an approved I-140 you can file an H1 extension even if yuou are on EAD. It does require you to leave the US and return to 'activate' the H1 though.

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
    >> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.

    -- USCIS has clarified that abiity-to-pay has to only be proven by original sponsoror. Where does it say that financial position of new employer is important for success of AC-21?
    Here's a link to, and info from the USCIS memo:
    http://www.ilw.com/lawyers/immigdaily/news/2005,0520-ac21.pdf
    Question 7. Should service centers or district offices request proof of �ability to pay� from successor employers in I-140 portability cases, in other
    words, from the new company/employer to which someone has
    ported?
    Answer: No. The relevant inquiry is whether the new position is in the same or similar occupational classification as the alien�s I-140 employment.




    agree with the rest of your post.




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  • TeddyKoochu
    01-06 02:57 PM
    There is nothing called "upgrade". You can file a second I-140 as EB1-A in parallel. Other than the money and energy spent, there is no downside. AFAIK, there is no "eligibility" for filing EB1-A. In the petition, you must demonstrate that you meet the minimum number of criteria described by USCIS.

    USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    Sincerest thanks for the information. Iam looking at criteria 1 to 10 in the list that you have provided. I believe that I can gather evidence to satisfy 2 criteria�s completely and maybe 1 partially, does that suffice or there is a rule that atleast say 4 / 10 or X / 10 should be satisfied as a minimum. Most of the criteria�s are actually meant for distinguished people in research, whereas my profile is more of an IT application developer / designer.



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  • MahaBharatGC
    10-13 11:45 AM
    But ksircar, instead of accepting can't we raise red flags to USCIS?
    This is going to be an issue for lot of folks who all filed for I-485 in the last year July fiasco. We will be forced renew every time. Only by giving 2 years is just a temporary postponement but not solving the real problem.

    It is like Drivers Lincense renewal. If you have your documentation and you have been driving legally should be granted renewal instantly. Why can't they do the same thing with EAD?




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  • CRAZYMONK
    08-16 03:26 PM
    There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.

    But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.

    Thanks,
    Srikanth

    Srikanth,

    It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.

    Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.

    So don't worry.




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  • tyson
    01-11 11:38 AM
    Guys: One way to get involved is to find Congressional candidates (especially Republicans) and educate them. If you really want to push them along, ask can you help with their campaign.

    For example, Eddie Adams in the Tampa Bay Area, is more open to discussion than the current incumbent. And, if he can be found open to backing legislation to expedite the Green Card process; then this movement has a new friend.

    He is certainly (like most Republicans) no friend of illegal immigration. But, he might be open to pressuring the USCIS to move the legal immigration applications along.




    b2visahelp
    07-09 04:41 PM
    1. My parents included their Indonesian bank statement in rupiah. And they went to US embassy in Jakarta, their hometown. Does it make a difference to go to other city after they got rejected twice? If so, which one?
    2. I had never gone back to Indonesia since I got the asylum. I'm not supposed to although I have already got my greencard. In fact, VO asked them if I ever went back to Indonesia. And my parents said no.
    3. I didn't include my US bank statement because my parents self-sponsor themselves. I don't have much anyway to sponsor them.

    Please let me know your advice. Thank you so much.




    siddar
    09-04 11:09 AM
    That means, after the forms signed, you got one year to apply for 485. Once applied, USCIS may request for another medical after 18 months.

    This is my understanding....



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