Tuesday, August 9, 2011

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  • pitha
    07-05 12:41 PM
    by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.

    What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.

    Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
    Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?





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  • PD_Dec2002
    07-06 12:52 PM
    ?????????

    Yeah, my bad. Thanks to other posters for correcting this.

    Thanks,
    Jayant





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  • greencardfever5
    08-23 07:56 PM
    I am working as an industrial engineer since 2006. My labor certification approved in 2006 mentioned job title of industrial engineer (SOC Code- 17:2112), My I485 is pending since 2007, I have also kept H1B status alive, six years will expire in dec however current I-797 for H1B is valid till June 2011.

    I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.

    1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
    a. Can one work as an engineer (SOC code 17:2112) and supervise junior engineers. Does USCIS assume that a person is a manager if engineers are reporting to an individual? On the other hand in some cases I have seen managers without anybody reporting to them.

    2. If I can fulfill my employer�s expectation by accepting ENGINEER V position instead of engineering manager, will that be an option? (Few engineers will be reporting to me in either option).
    a. I am positive that I will be able to fulfill my boss�s expectations in either position.
    b. Can I accept the promotion immediately or employer will have to seek some sort of approval from USCIS?

    3. If for some reason, employer can not give me a job title of Engineering V, Can I accept Engineering Manager�s position till my I-485 is pending and go back to Engineer V position upon I-485 approval, I read that in such cases, one needs to go back to original position mentioned in labor certification I-140 for six months upon I-485 approval? In this case how we will handle extension of my H1B petition which expires in 2011?

    4. Can I accept position of Engineering Manager assuming that employer will issue an employment verification letter with a description similar to labor certification (if USCIS issues RFE for any other underlying reason)?

    5. If for some reasons above options are ruled out, Can I accept promotion as a Manager assuming employer can submit new I-140 ( I guess this will be starting green card process all over) .Definitely this is the least preferred option considering current processing time and relative ease in searching a job for my wife ( through EAD).
    In this case

    a. What will be the priority date?
    b. Can I and my spouse maintain the EAD card?

    6. As the I485 is for future job, Can I work at engineering manager position till I receive RFE or I485 is approved
    a. In case of RFE USCIS typically gives 15 to 45 days to respond, Can I change my position during that time i.e. switching back to the position mentioned in labor and I485
    b. Upon I485 approval, can I go back to original position for few months (how much is that required period, is it six months?). I might have to take salary cut in the case; can I informally lead the team in that case?
    c. I guess my interpretation is that what you do when I485 is pending does not matter as long as you switch back to the original position upon I485 approval.

    Thanking you in anticipation.





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  • joydiptac
    03-17 02:31 PM
    I had a friend who was in the same situation as you. Being a nice guy, he waited till they got GC. Then divorced.
    Poor fellow then remarried to a Desi girl after being pressurized by parents on a trip to India.
    He soon realized that he had no hope of being able to get her here anytime soon. He tried to get her on a H1. That did not work out I don't know the exact detail how that got rejected(she is also an engineer). He then got really creative he brought her to Canada then worked the week in US and spent the weekend in Canada. After doing this for some time the Canadian Authorities figured it out and cancelled his Canadian work visa. Long story short, now he stays 6 months in US the other 6 in India with his wife. He has applied for GC for her. Unless President Obama does something he will keep living half life for a long time.

    So the point is, if you are decided then waiting might increase your pain in the long run... On the other hand if you are not so sure, then give yourself some time and see if the issues that you may be having sort out. It is sometimes worth going to a marriage counsellor when you weigh in the loss that you both are about to incur, not to mention the mental trauma. All the best buddy.

    B'Informed... B'Entertained...B'Khush
    www.bkhush.com



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  • nik.patelc
    10-23 06:36 PM
    I m on h1b and my I485 application is pending. Also i have recieved EAD valid till Sept 2010. I m on H1 Visa status with current company. if i get laid off, how do i move my status from H1 to EAD after layoff?

    I m planning to take 2 or 3 months break if i get layoff and then plan to find another job on EAD. Is there any problem to assume ,my status will be automatically change to EAD if i get layoff while on h1.





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  • Queen Josephine
    June 18th, 2005, 05:55 PM
    Boy, you really get up early! I'm still in bed when the sun's rising :p With that said, pretty much all comments have been covered already. The rainbow pic, well, it's like a woman Cox.... it has curves that need to be nudged, and it becomes a different creature! (Did I actually say that!?) I really like the little clump of flowering weeds or whatever they are in the lower right and of course I downloaded them and played with them. The second one, I tried it as Anders suggested, cropping, and again, nudging the curves. Both benefit from just a smidgen of post processing, but the second one becomes a very dramatic photo. Great lighting.



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  • jkays94
    05-03 11:40 AM
    Understood, I fully concur and if we remain on focus and on target with the message regarding legal immigrants we will get there. I will play my part by sending the reporter an email (as an individual incase the core has something in mind).





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  • mambarg
    07-27 12:45 PM
    If NSC had put all applications from July 2nd to July 17th on hold.
    Did they open and timestamp it ? for received date ??????

    If they did not , then I may be lucky.
    Because my package had signatures and all other dates of June 29th . The day when we were planning to ship the package, but for july fiasco.

    Do you guys think ? they might see this and enter it as received date ?



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  • a_yaja
    10-05 11:07 PM
    yep .. that was my thinking.
    Have seen a lot of posts where people insist that on EAD the job that you do needs to match the one you did on h1 .. at least 50%.

    So am looking for documentation on what the exact rules are related to an EAD.
    Any weblinks on this?

    I think there is some confusion in the way you have asked your question. Your question is really about AC21 and not EAD. AC21, among many things, allows one to change employers 180 days after the filing of the I-485 as long as the new job is same or similar to the job description in your Labor Certification. If this is what you are asking - then this has nothing to do with EAD. You can invoke AC21 even on H1B.

    EAD stands for Employment Authorization Document. It is a means by which a person can work legally in the U.S. Students who have completed requirement for a degree are eligible for EAD, anyone who has applied for I-485 is eligible for EAD, anyone who has applied for refugee status is eligible for EAD. Anyone who has an EAD is not restricted to a job category or classification which is unlike the H1B which is specific to a job, its classification, its location, employer, wage requirements, etc. If your I-485 is employment based and you have an EAD, you can quit your job and work in McDonalds as a cashier. The EAD will not prevent you from doing this. However, your I-485 application is no longer approvabe and it will be denied (this does not mean that you should quit your job and take up a waiter's job to see if the above statement is true - if you do - you are doing so at your own risk). And once your I-485 is denied, then your EAD is automatically invalid.

    What you really need to look up is the American Competitiveness In the Twenty-first Century Act (in short - AC21). This is the one that governs if your I-485 is approvable (a.k.a "getting a Green Card") or not after you change your job. Again, this applies to only if you are the primary applicant for an Employment Based I-485. If your I-485 application is based on marriage to a US citizen or is based on Family Ties to a US citizen or is based on application for Refugee Status (or any other category like finishing 4 year degree or higher in a US university), then the job you take up will not affect your I-485 application. Even dependents like spouse and children of an employment based I-485 applicatant can take up any job with an EAD and it will not affect the I-485 process.





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  • Libra
    08-03 12:36 PM
    Apology accepted and now i ask you to contribute for DC rally.....will you do that?

    Even am not a pro, i joined IV just couple of months back, but i never opened a thread for simple questions. I am not bashing you here....i am trying to educate you on this.....when we have something to ask we should look for appropriate thread and then post it there.

    I got my checks cashed on aug 1st, but i didn't opened a thread to tell everyone that, but i have seen people whoever got receipt they opened a new thread.

    Libra-

    I apologize for upsetting you- I am not a pro at this just joined yesterday- can you give me a break? Next time I will send you a note to see where you think I should post....



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  • sheryn
    09-04 12:20 AM
    I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

    I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

    I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

    Any insight on my current situation is much appreciate.

    Thank you all very much,

    Sheryn:)

    I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

    I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

    I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

    Any insight on my current situation is much appreciate.

    Thank you all very much,

    Sheryn:)

    I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

    I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

    I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

    Any insight on my current situation is much appreciate.

    Thank you all very much,

    Sheryn:)

    I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

    I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

    I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

    Any insight on my current situation is much appreciate.

    Thank you all very much,

    Sheryn:)

    I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

    I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

    I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

    Any insight on my current situation is much appreciate.

    Thank you all very much,

    Sheryn:)

    I am a nurse from the Philippines currently living in northern California, enrolled in university, working towards my masters degree. I currently have a F1 student visa, have already passed the NCLEX and also hold a Philippines RN license. I don't have any work experience as a nurse besides my clinical experience as a student. I wanted to know what my current options are? I have a company willing to sponsor me on the east coast. I was referred to them by my sister-in-law who is currently working for them. I spoke to the companies recruiter but she couldn't answer some of my more detailed immigration questions.

    I just wanted to get some options from some helpful members here. I currently have an appointment with an immigration lawyer next week but wanted to be somewhat inform on my options before meeting with the lawyer.

    I know their is a long wait currently for nurses coming from the Philippines. Does it make my situation a little easier considering I am already in the US on a F1 visa? I was told that if they were to lift retrogression for nurses that I would be process asap because I am currently living in the US legally... I seriously have my doubts about this lol.

    Any insight on my current situation is much appreciate.

    Thank you all very much,

    Sheryn:)





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  • Canadianindian
    07-08 09:55 PM
    5 star from me too :D

    Best of luck.



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  • nozerd
    09-06 01:42 PM
    Can H1 visa stamp be used for travel convenience ?

    I am EB3 India with PD of August 2001. I 140 approved but cant file I 485 due to retro. I have sent in my application for 8th -10th yr H1 extension. I am already Canadian PR landed in April 2005 so basically need to do something in early 2008 if I still need to hold on to my Canadian PR. I have worked for same firm since last 7 + yrs and they are quite cooperative within limits.

    I wanted to know if I can work for my company's Canadian operations and still hold H1 visa and travel on that H1 visa. Please note that I will be on Canadian payroll. Is this legal ? Is it ok for the company to keep extending my H1 ? I know they can keep my Green card case alive but what about H1 ?

    Is it ok to stay outside US and get paid outside US and still use H1 visa to travel ?





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  • amitjoey
    06-18 11:43 AM
    can you guys suggest how to proceed with my cases... where i am totally screwed up.
    When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
    Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.

    Yes, Please work on getting the letter and replying to the RFE, But that should not stop you from filing I-485. Pending I-140 is okay for I-485.



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  • dealsnet
    08-04 02:04 PM
    We cannot keep 2 Social Security cards at the same time.
    They took my card and put into a drawer containing old returned card.
    I have seen an american women infront of me apply for a new card after her name change(after marrige). They took her old card and put into the drawer.
    You can apply for a new card without the old card if you inform the card is lost.

    You can replace your Social Security card if it is lost or stolen. You are limited to three replacement cards in a year and 10 during your lifetime.

    Name change, taking out the restrictions will not count towards the replacement limit.


    Please refer to this detailed experience on SS update after GC:

    http://immigrationvoice.org/forum/showthread.php?t=20610

    Also there is no need to surrender your old SS card or even show it. (maybe good to just keep it with you if asked.)





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  • i4u
    07-26 09:29 AM
    I ported from EB3 to EB2 recently and if its all goes well, my PD of May 06 might be current. Is there any way one can determine if their finger prints, photographs, security checks, etc., are valid and the application is pre-adjudicated and ready for approval.

    Since, I ported recently I didn't notice any LUD's in my I-485 application. Any thoughts. Please share your experiences.

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  • b.rich
    06-06 12:19 AM
    take it all offff... is azzy tryin to seduce us?;D jk.... nice job sofar, very colorful.





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  • kk_kk
    02-03 06:51 PM
    I can say for sure, Canada PR is not going to work because I went through the same situation and I was not allowed to board British Airways flight in Hyderabad with Canada PR and US AP.

    I am still fighting with BA for getting an refund.

    I had to buy an emergency ticket on AI to get back to US because I could not get my vacation extended





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  • HereIComeGC
    03-26 02:54 PM
    That I agree, I should say it was some what an exaggeration when I said I could predict NASDAQ ...

    But son't you guys think that this uncertainty also adds to the excitement of life here for us? Don't get me wrong ... just sharing a perspective here! Even I want my GC as desperately as any of us :)

    I agree. Sometimes I think I will be a little bit sad when I receive the green card because I would miss this daily excitments! As the saying goes "Its the Journey that matters, not the destination"





    chvramana
    04-23 01:57 PM
    I�m in EB2 and My I-140 was approved September 2008 through Employer A. My priority date is March 2008. I moved to Employer B. My old Employer A will not revoke my I-140. He is ready to hire me again, If I want to go back. I am completing 5 years in January 2011.

    It would be great if I get answer the below my Question:

    1. Do I need to go back to my old employer A to apply my I-485. If yes is there any specific time period to go back to my old employer A.
    2. If I stay with my current Employer B. will I get 6th extension and will my old priority date will be considered with new processs.
    3. which one is best choice, like staying with employer B or going back to Employer A.

    Thanks for your help.

    Ram





    kavita_abb
    10-10 02:15 PM
    Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!



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