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  • ghost
    02-07 10:54 AM
    Thanks for the update !
    I am watching this... looks pretty interesting :)

    and by this time all of you must have heard that Sen. Schumer is reaching out to Sen. Graham and Sen. Murkowski and other stakeholders to revive the legislation....please support IV lobbying plan in the first week of April by your presence or contribution or spreading the word! These things don't happen out of the blue - there is a strategy and methodical approach to everything IV does!




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  • JunRN
    08-21 11:51 AM
    I've never done AR-11 myself because atty. is doing it for me...but when I looked at the on-line AR-11, Change of Address...A# is optional, meaning you do not need to input something on it. I think it was pretty easy to do it.




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  • manja
    06-29 02:34 PM
    My employer does not pay for dependent health insurance and I want to buy insurance for my wife. Does anyone know of any plan that covers pregnancy? So far I could not find one. I'm living in Texas.

    Thanks.




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  • gc_kaavaali
    05-21 02:37 PM
    Hi,
    I had sent an e-mail to my attorney...below is his reply...looks like i will get my renewed EAD before current EAD expires.


    USCIS typically issues new EADs within 90 days. If they don't, you may make an Infopass appointment to appear in-person at a local office to request that they process an interim EAD. The local office will not issue an EAD. Rather, they will contact the Service Center which will typically issue the EAD within two weeks.



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  • GCHope2011
    05-15 11:25 PM
    Current Status: H1 (visa stamp expires Sept 2011)
    Citizen-India
    Current: Company A (Has filed for h1 extention on May 1 under normal processing)
    Future: Company B (Has filed for Transfer under Premium Processing as of May 6)

    Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).

    I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
    >Can i travel abroad even if my tranfer is under process
    >When i enter, what documents do I need to show at POE?
    > Can i enter with Company A visa stamp
    >Any issues if current employer informs USCIS about my resignation?

    Its a emergency travel i cannot avoid. What needs to be done to make my trip
    Please do confirm with a reliable attorney as some interpretations of the rules indicate that leaving the country while an application is pending for adjudication implies abandonement of the application.

    Not sure if it applies in the case of H1 transfer pending case or not... so it is best to check with someone reliable.




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  • Nil
    07-21 09:50 AM
    Very Potent topic.
    During the downturn, company decided to dissolve local satellite office and have everyone in the region work from home.
    DOL audited labor application asking 'why home and work addresses are the same: is the candidate related to employer?'
    Go figure.
    Lawyer mentioned there is no provision on the labor app form to indicate 'home office'. Also, in this case, where to do the labor for - the region where the professional is living or the main office (opposite coasts in my case) is unclear.
    If the residing city is tested for labor, which is rational, how do you ensure 'the ad must be displayed at the workplace'?
    What if DOL denies application due to lack of clarity on such issues?

    IV leadership pls comment as possible.....



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  • karthikgk
    02-19 12:54 PM
    All,

    Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(

    My employment scenario:
    - Been with the current employer since Jan 2001
    - Less than 5 years experience before I joined the current employer
    - Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application

    My GC scenario:
    - Applied for GC in July 2003 under EB3
    - Applied for I-485 in July 2007
    - Approved I140 and EAD in hand
    - Even though I have EAD, I continue to use my H1

    My new role in the job:
    - After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA

    My questions:
    1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?

    2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.

    3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?

    Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,

    Regards,




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  • h1bnogc
    08-28 10:03 PM
    Hi Martin,
    Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..

    If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.

    As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.

    san3297: Please share your experience, it will be greatly helpful to many.



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  • Jaime
    09-14 03:56 PM
    Whats the 30,000? I'm not listening




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  • blizkreeg
    01-27 02:39 PM
    I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.

    Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.

    My question to some of you is - what will you do if skilled reform doesn't happen this year?

    My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.

    What will you do?



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  • kalwinhobbess
    08-28 06:16 PM
    Its writern in the RFE. I got an RFE and in that letter its clearly mentioned by when you need to submit the required docs.




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  • peer123
    04-04 09:02 AM
    bumping it up... Friends I would like to hear from others.. thanks in advance...



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  • rameshk75
    04-07 10:20 AM
    Ron's answer for "Leavng petitioning employer after the I485 approval?"

    http://immigration-information.com/forums/showthread.php?t=4764




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  • Photoman
    March 26th, 2004, 08:22 AM
    I have just joined this forum and collected my D70 last night. Used for the first time tonight took about 200 photo's with my SB-80DX flash.
    I had to use camera on A or S priority with flash set on Auto. Quite a backward step after TTL metering with the F100.
    The only Nikon flashes which provide full interaction with the D70 are the SB-800 & SB-600. Only these provide auto zoom head function, ISO from camera and TTL metering.
    Hope this helps.PM

    SB-26 will be a problem. You cannot use TTL flash mode with any Nikon digital camera. It would be like going back to an old thyristor auto flash. Only the DX series flashes work with the digitals.



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  • beautifulMind
    08-08 08:44 PM
    Universities are non profit organizations hence not restricted by h1b quota..Try to find a job in a non profit organization till then stay in school ...you can also consider getting married :) which will open up more options for you




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  • americandesi
    08-11 03:44 PM
    I noticed a flaw in GC process with respect to “Ability to pay” and “AC21”

    Here are the definitions

    Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

    AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

    Let’s consider the following scenario

    1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

    2) I-140 gets approved and I-485 is pending for more than 180 days.

    3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

    4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

    5) I-485 gets approved.

    Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

    What if company C is running in loss and not in a position to pay the proffered wage.

    Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?



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  • ski_dude12
    09-26 06:50 PM
    You can do the following to get your case to be picked up-

    1. Open an service request that your case is beyond normal processing times. However it is very likely that since the visa numbers are over for 2010 you might get a response that no visa numbers available and you will have to wait 30 days before you can open SR again.

    2. Contact local congressman
    3. Send email to SCOPSSCATA@dhs.gov giving your case details.

    Mention in all steps above that there is no update to your case even when 2006 cases are getting approved.

    Hope that helps. Do what you can to ensure that your file is picked up.

    This is disheartening...




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  • sac-r-ten
    03-22 11:03 AM
    Thanks Sac-e-ten,
    My husband will talk to lawyer soon ....but he's very depressed and me too...what are the options do we have ...do we need to file appeal through lawyer ...my company is not showing any interests. Sir ..please advise..ur help will be highly appreciated...

    Yes, i think you have to appeal through a lawyer.

    1. BTW what questions were asked to you during interview?

    2. Also the denial says " the petetioner does not appear to be either able or willing to provide qualifying employemnt for the principle applicant in the united states in accordance with a appropriate laws and regulations". Do they mention what law? Does it mention employee-employer relationship?

    If employer is not showing interest, then you have to talk to the employer about hiring your own lawyer and filing appeal and/or new h4 petition for you.

    Also, there is free-attorney sessions every 1st 3 thursdays of the month here on IV. check with ivcoordinator@gmail.com for that.

    Also, don't call anybody Sir out here. we are all in diff sections of the same boat called Immigration sailing against tide called USCIS.

    Hope things get resolved for you.Good luck.




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  • GoneSouth
    07-11 10:57 AM
    Hi Folks,

    Just thought I'd share with the group, I recently received my I-140 approval. I did it premium processing through the Nebraska service center (I think) and the application was approved in 3 days (!) - submitted 06/25, premium processing fee check cashed 06/26, approval 06/29.

    Now if only they had premium processing for I-485s ! (I was impacted by this recent visa bulletin thing unfortunately ... my PD was current in June but now I have to wait till Oct to file I-485 ... sigh).

    - GS




    eb3_nepa
    03-28 12:02 PM
    Doesn't matter.


    What do you mean it doesnt matter??

    PD and country of date are the FIRST & FOREMOST things that matter when it comes to getting ur GC. Just coz his friend got his doesnt mean anything. The friend could be from a different country or having a MUCH older PD.




    harrydr
    03-29 11:06 PM
    What all documents are needed in this case to port the I-140 provided the job description stays the same and in the same category code.

    We all know that no employer shares the approved I-140 copy as that is the company's property and my understanding is that a copy of approved I-140 is required in order to port the priority date??



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