Saturday, June 11, 2011

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  • asdqwe2k
    07-04 04:40 PM
    Another possible example here: I heard a case where one labor led to TWO green cards. My understanding this is not possible and might have happened because of the rush USCIS was approving cases.

    A friend of mine got 485 approval on June 29th. He was not expecting it to be approved for a specific reason: his company applied his GC using a pre-approved labor. The original labor was with a differnet person who left the company after his 485 was pending for six months (during retrogession time). That person later joined a company and eventually got his 485 approved. Meanwhile the company applied for the I140 withdrawal and simultaneously went ahead applying for I140 and 485 for my friend (he played along since nothing worse going to happen to anyone; and he had a complicated visa situation). They were not hopeful of approval but suddenly they saw the approval on June 29th.

    Who knows how many more irregularities happened there during last two weeks.

    There is nothing wrong in people getting approvals on july 2nd or for that matter entire this week or this month.. That is because, eventhough people get approval notice e-mails as july 2nd or any date after that, the actual approval happened 2-3 weeks before..

    For example, for most of NSC approval in june 18th week, people have indicated that there Green card physical copy showed approval as June 4th. They got approval notice, and actual green cards starting only in June 3rd week. There has been flood of approvals, at least in NSC region.. Just ask any last month GC approved person, to tell what is the date for "Resident Since" on the green card..




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  • RandyK
    02-16 10:57 AM
    How is the FBI check different for H1 Vs I-485/CP ? Don't they look for criminal history at both times ?




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  • veni001
    06-18 01:53 PM
    Remember I-140 is Employer's not yours, only safety net for PD is I-485 +180 days (AC21 rule).


    I 'm no expert. But what Veni001 is telling is incorrect. Even though you didn't apply for 485 you still can use that 140 and use that date.
    There might be a little problem if the 140 is revoked. But you can certainly try.




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  • jnraajan
    04-09 04:52 PM
    My friend, who applied (during June 2007) for his EAD renewal around 60 days before his actual EAD expiration date, haven't got it renewed in time. After the expiry date, his employer asked him to come to work only after obtaining the renewed EAD. He has been told that in case of EAD it is not legal to work just with receipt.

    Your Friend's employer is correct. Receipt Notice for EAD is NOT ENOUGH to start working. You should have a approved EAD Card to continue working.



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  • sidbee
    01-05 10:59 PM
    Following is the Employee Agreement
    EMPLOYEE agrees and undertakes that EMPLOYEE will continue in the employment of XXXX for the Minimum Period. "Minimum Period" means the period commencing from the date of XXXX applying for the Green Card and ending on the expiry of one year from the date of EMPLOYEE being granted the Green Card.
    EMPLOYEE therefore agrees to pay XXXX, before the last day of EMPLOYEE�s employment with XXXX, the aforesaid amount of US $10000 as Liquidated
    Damages in the event EMPLOYEE breaches Clause hereof failing which XXXX shall have the right to charge such aforesaid amount from the final settlement of the dues to EMPLOYEE.


    So If the employee does not pay at the most Employer will do is not give any of the Employee's remaining salary,leaves,Experience Letter etc?
    What else he can do?
    Does this Agreement is Legal? It is specifically referring to Green Card.

    Why dont you send a complaint to DOL, I have seen Indians are really afraid to do so.




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  • transpass
    07-22 11:16 PM
    You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.

    As far as I-9 form goes, it is my understanding that it is not filed with any agency. The form is retained by the employer only.



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  • meridiani.planum
    04-21 01:12 AM
    But will the remaining time not depend on H1 period left. Example, if first 3 years of H1 used followed by 1 year EAD use then one would still get additional 3 years for H1 without being counted against the cap. But you would still have to do consular notification instead of change of status as there is no status to change once you use EAD.

    thats my understanding also. he will get 3 more years (the 1 year on EAD does not count against the H1 limit). he wont be counted against the cap. He will most likely need to leave and re-enter the US (consular notification to get a new H1 stamp) to 'activate' the H1.




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  • babydiams
    04-20 04:22 PM
    The work you do in your OPT must be in your field of studies. You are likely violating immigration rules during your OPT period as well unless your degree was in secretarial work or real estate (I do not know of any such degree ...)

    USCIS - Questions and Answers: Extension of Optional Practical Training Program for Qualified Students (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)

    "Optional Practical Training (OPT) is temporary employment that is directly related to an F-1 student�s major area of study. Under the prior rules, an F-1 student could be authorized to receive up to a total of 12 months of practical training either before (pre-) and/or after (post-) completion of studies."

    Thanks for the input



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  • desiron
    08-13 11:20 PM
    As per Murthy web site today:

    Update : USCIS Website States Previous Editions of 485 FORM Accepted AILA Liaison has confirmed that prior editions of the I-485 are acceptable, as indicated on the USCIS website, and that USCIS will be issuing an FAQ with a revised answer to Question 33 imminently.
    Posted Aug 10, 2007 (1:45pm ET)

    Thanks
    Ron




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  • gc_on_demand
    01-05 12:44 PM
    seems like it. A lot of people seem to be doing it which is why EB2 is not moving fast enough

    there were 400k application pending for AOS as of last year. 50% Eb3 would make them 200k..

    can anyone know how much of 200k ported to Eb2 ? if no is above 50k then its an issue. under less than 50k will justify by slow economy and new labor rule ( no more Eb2 for Software Engineer ).



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  • vasa
    07-13 11:55 PM
    done, it shows 2038 signatures now...

    keep doing this folks.. we need a multi-pronged approach...

    let there be "shock and awe"




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  • Pagal
    11-21 04:42 AM
    Hello,

    If you want to go through the process for UK visa, then it is much better to get the 10 year multi entry visa ... it costs you bit more, but then you don't have to worry about transit visa anymore (esp when BA, Virgin, Jet and Kingfisher offer good deals)...

    The 10 yr visa takes 2 weeks flat...



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  • gsc999
    09-01 12:59 PM
    That was a hard working moderator who seems to have disappeared off of the face of the earth in early June 2006. I don't think he was abducted by aliens, because he is one.

    I wanted to start this thread in members only, but it wouldn't let me.

    Thanks.
    ---
    It is good to know that BerkleyBee is doing well.

    Infact, I became a member after watching BB's presentation on IV.




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  • anai
    07-09 07:06 AM
    http://seeker.dice.com/jobsearch/servlet/JobSearch?op=302&dockey=xml/9/7/974f8dfa5aa7d67486264fef13a9dbbf@endecaindex&source=4&bb=1

    Thought the least I could do was to name and shame such pimps. Though I seriously doubt if such folks are capable of feeling any shame.


    Good that you are exposing such cases. But please change the title of the thread to be in English; this is an English language forum.



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  • stucklabor
    07-11 05:22 PM
    Alabaman,

    Legal is referring to me as the stuck moderator who may not like your making fun of a Representative on this forum.

    I deleted a post of his that made fun of Rep. Sensenbrenner's name.

    He doesn't realize that we, the IV core team, now have to go hat in hand to the same Rep. Sensenbrenner to have the SKIL bill passed through the House Judiciary committee.

    Legal wants the rest of us to pay for his freedom of expression - and no value add - on this public forum.

    Enough said from me on this issue.




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  • manderson
    03-05 04:41 PM
    with Hillary winning Texas on the back of Lations and McCain finalizing the nomination, logic says stupidity like this would hurt the GOP. Siskind floated a scenario like that earlier, but if it's supposed to hurt the GOP, why wouldn't the GOP leadership reign in Sessions et. al.? Maybe I am over-analyzing but I saw this a couple of days ago on how Dem leaders may want to go anti also: http://immigrationvoice.org/forum/showpost.php?p=227606&postcount=2049

    oh BTW I agree w/ you that this is going down the drain.

    This is a classic example of election year posturing where republicans want to look tough on immigration. This bill will head straight down the trash.



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  • murkal4
    08-25 03:29 PM
    got similar RFE
    for application original signature
    identity documents

    i efiled my 765 and on aug 3rd i got my rfe , i took print out of efiled copy signed it and wrote a cover letter and attached ead copy,ssn copy and passport copy
    and sent it.

    they received my response but havent updated my case yet...waiting for it..

    please let me know anyone else has similar issues and what was the result..




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  • Caliber
    05-08 11:47 AM
    Did they issue your EAD from the time the previous one expired or from the current date. If current date, you'd have lost about 3 months or validity.

    Some people I know got EADs from the next day following the expiration of their current EAD. I however got from approval date. Its all so inconsistent.

    Next day from the expiration of present EAD




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  • brb2
    04-05 08:24 AM
    ....If there is so much resistance to the bill in the senate, imagine the resistance that it will receive in the house and the various voting processes that it has to go through.


    I think, passage of Frist bill with no 'guest worker' provisions for 'undocumented workers' or a separate bill altogether dedicated to legal immigration provisions are our safest bets.

    Any thoughts?

    This bill if passed in the senate will NOT go to the house. It will go to the house and senate joint conference committee where a sensible common ground is found. This will save house reps who can say that they voted against amenesty while still having a bill passed.

    The danger right now is that Kyle and others who are against amnesty (that is what even I would call it!) are trying to put in amendments that would be the poison-pill that will bring the whole bill down. It is very likely that no bill may pass the senate. If the democrats try to gain the 51% vote to end debate and vote on the existing bill, the only tool with republicans is to use the fillibuster and then the democrats will need 61 votes to overcome it which they don't have.




    PDOCT05
    10-29 11:42 AM
    What does your lawyer say? It is clearly not USCIS error. Therefore, if they stick to their policy, if re-filed case does not have PD current, they will reject it for "PD not current". If they are generous, and your lawyer explains in some tactical way, they may accept it.

    If it is your lawyer's fault, you can take appropriate action with him.

    It's lawyer's fault ..he didn't check the application clearly.He said he is going to deal with it in a tactical way.I will wait for another notice from USCIS and then will take action on my lawyer. I am not going to leave him..:)

    Thanks,




    gunabcd
    07-16 02:30 PM
    PD: Oct 2003
    Cat : EB3
    140 : Approved June 2005
    485 : Applied April 2004 : Pending
    EAD : Approved June 2004
    AP : Approved June 2004
    FP 1 : June 2004
    FP 2 : March 2007

    How is it possible to file for 485 before you 140 was aproved? Are those dates in order?
    You don't need I140 approved to file I-485. My I-140 is still pending(filed in Apr 07) and i applied for I-485 on July 2nd.



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