Monday, June 13, 2011

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  • mammoy2k
    11-12 05:56 PM
    I wouldappreciate if any of you could shed light on the following scenario:

    If485 i spending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.

    Thanks




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  • ilikekilo
    07-17 02:02 PM
    DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.



    given that u have just joined the group, let me say welcome aboard...
    u made a wise decision to join this effort.. however regretfully I beg to defer , for you to be too quick to ask questions or updates and be more patient..

    please aks yourself..what did u do for IV....what can u expect...

    if u are a very active member and did contribute to IV, please accept my apologies




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  • eb3_nepa
    04-13 08:41 PM
    The following doc, 'How the senate bill becomes a law' does not mention any waiting period after President's sign the bill to become a law

    http://www.senate.gov/reference/resources/pdf/legprocessflowchart.pdf

    My point exactly.

    So then maybe the wait is only the 3 months (90 days) that Sen Sessions wishes to impose, correct?




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  • dpsg
    04-08 01:04 AM
    Please use more professional subject. All this information is in public domain
    & lawmakers like other's if get to read this will have a negative effect.



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  • Waitingnvain
    08-04 03:36 PM
    I believe one will be eligible for SS after attaining 40 credits. There is no residency requirement. WRT 401K, you might ending up paying a penalty of 10% in addition to 30% tax.




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  • gparr
    March 15th, 2004, 11:10 AM
    Steven brings up a good point about those camera phones. I fear them to a degree. Someone told me recently that they had read/heard advice that when you're using a credit card at a store make sure you keep the numbers covered up. Apparently, people with camera phones have been known to take a picture of your card to get the numbers and expiration date.
    Gary



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  • akhilmahajan
    09-30 02:24 PM
    If you dont mind, can you please elaborate little bit more on this?




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  • neoklaus
    11-14 02:19 PM
    As per my family experience: for my husband and daughter they issued EADs without
    FP 3 weeks befor FP app-t, but mine EAD was ordered, as I've been informed by e-mail,
    in a 4 days after FP was done.

    So, even if Biometricals are not mandatory for EAD, but EAD Card has place for FP on it,
    in some cases they(USCIS) may pretend that there are a requirements( depends from officer)



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  • rockstart
    12-07 11:07 AM
    Yes they can qualify in certain cases but the application as well as candidate have to be exceptionally strong. The company should be able to prove that the job needs a guy with EB1 skills and candidate should have proven academic record with publications and patents that support the job description. I had heard of a guy from Texas Instruments who got his GC through EB1




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  • angelfire76
    12-07 04:28 PM
    EB1 is typically for Phds with solid publications behind their belts.

    In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.

    There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,

    complete education at age 22 and join company x as a software engineer
    get promoted to Project manager at age 27 (5 years later)
    come to the US at age 28 ( a year later)
    apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
    get GC at age 29

    you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!

    I know you are being pointedly sarcastic at a section of green card applicants but Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
    in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count)

    Haven't heard of EB1s getting GC in ceremonies. After all the little piece of plastic is not an award of merit or anything (even though lot of us seem to think so :D)



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  • paskal
    12-19 04:55 PM
    midwest folks- where are you
    please post your availability
    the more the merrier....




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  • waitnwatch
    01-03 01:29 PM
    I got my H1-B renewed in November from Kolkata.....I had to submit additional information under 221(g). The consular officer specifically told me that it takes about 2 weeks and that was exactly what it took.

    One advice....try to show how your work and expertise has nothing to do any security related stuff. This is of course my own interpretation.

    I am trying to get a handle on recent 221g processing times..it seems like a routine exercise and we are submitting the requested information..however, if it is delayed for too long, we may use advance parole..



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  • raghureddy
    03-18 06:03 PM
    The reason they said was they are doing the back ground check on the company. But i am on the payroll from the same company since last 4years...




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  • glus
    08-01 10:18 AM
    My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.

    I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?

    any ideas??

    Put her status as H4. She is in H4 until October 2007 (assuming you asked for change of status and change of status was also approved.) No, she will not loose her H1, as H1 is a "dual intent" visa.



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  • nobody
    05-27 02:16 PM
    soul's sucks=)




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  • TheCanadian
    11-25 03:16 AM
    You probably noticed, but that's what he is doing. :dilbert:
    No I sure didn`t :thumb2:



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  • tonyHK12
    12-01 10:01 AM
    Definitely a good idea.........the first thing that needs to happen is for us immigrants to contact our own employers (and if it is a big company - they will have some section that deals with govt affairs/lobbying) ask them to support our cause through action.......
    I work for a small company, but my employer is a very decent man and may provide some funds..........(Christmas season and all!).

    If he chooses to donate would it be the "contribute" link?

    Great! thanks for your efforts. Yes it would be good if he creates an account and logs in before donating, that way it would be credited as his contribution.
    The link is in my signature but you can also follow the link 'Donate' at the top in green or 'Contributions' on the home page.
    Of course other large companies like the ones in Silicon Valley, MS, etc could also directly reach out to our admin/core besides this and also help in lobbying.




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  • immig4me
    04-22 01:44 PM
    try it and let us know how that works out for you :D:DSo basically you are saying you cannot sue the people responsible for greencard problem.

    I think the only option left is to either sue God or sue yourself for your bad luck.




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  • mallu
    02-17 03:40 AM
    There's nothing new in that website. EB-2 India for entire FY is GONE.. FINIS.. KHATAM... KHALLAS.
    ....
    That forum posting by Attorney says " ...Charles Oppenheim spoke. Mr. Oppenheim is the officer within the Visa Office tasked with calculating visa bulletin cutoff dates each month. He offered the following thoughts as to cutoff date movement in the upcoming months:

    In April, India and China EB2 will be set at 12/01/2003
    ...

    So ?




    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.




    LostInGCProcess
    11-10 03:56 PM
    Hi forum users,

    My wife is on h4 visa and we have found a volunteering position for a profit company.

    Is it legal for people on h4 visa to volunteer (meaning not getting paid any type of salary) for a profit making company.

    You may ask why we are doing this, if we dont make money, we are doing this to gain experience here.

    So that once we get our EAD we can use it to work.

    Does any one have any information about this. Because it is not a non-profit company it is a profit making company.

    The field is not IT , it is drug and pharmaceutical related and is mainly bio-tech.

    Thanks.

    The answer is a BIG NO. If that job, for which your wife wants to volunteer, is technically a paying job, then he/she cannot volunteer, being on H4 who can't work.

    Consult an attorney to make sure you are not unintentionally crossing the legal/illegal line and breaking any immigration rules.



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