Monday, July 4, 2011

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  • cableching
    07-27 01:52 PM
    H

    Even I changed my address last month. No RFE.

    Now Again I want to chnage. I want to know If I just submit AR11 online, without updating the pending applications ( not expecing any communication for CIS next couple of months). Will they look in to AR11 and issue RFE(If at all).OR it is just a record no one care unless you chnage the pending applications.

    Thanks

    It is a "MUST" to update address on all the pending applications too. Look at the below thread for more info...

    http://immigrationvoice.org/forum/forum72-ac21-portability-after-180-days-of-485-filing/161016-does-ar11-change-of-address-trigger-rfe-for-evl.html#post487007




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  • kondur_007
    05-19 04:50 PM
    To me, it means that they will issue an RFE to ask you about the new (self-employed) job and description of your job duties in the new job, compensation etc. And they should match with original LC.

    I have a personal belief that this is a complicated thing in itself and depends largely on the job title, job descriptions and your qualifications mentioned on LC. It would be a good idea to discuss the specifics with a competent attorney before taking any step that might lead you to a new greencard from scratch. Good Luck.




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  • Rajeev
    07-02 09:36 AM
    Do I have give all I-94s cards on departure from US or only the one attached to the passport? Of course all are having the same number.

    Thanks in advance for your replies.




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  • Blog Feeds
    06-17 08:30 PM
    From the LA Times: A �forgery-proof� worker ID card, secured with biometric data such as fingerprints, is a favored idea of the new chairman of the Senate immigration subcommittee, Charles E. Schumer (D-N.Y.). Schumer, who will lead the effort to craft the Senate�s comprehensive immigration reform legislation, has publicly espoused the card as the best way to ensure that all workers are authorized. �The ID will make it easy for employers to avoid undocumented workers, which will allow for tough sanctions against employers who break the law, which will lead to no jobs being available for illegal immigrants, which will...

    More... (http://blogs.ilw.com/gregsiskind/2009/06/schumer-suggesting-national-worker-id-card.html)



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  • cjain
    07-23 04:17 PM
    bump




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  • waiting4gc02
    02-28 12:44 PM
    Guys:
    I am in my 9th year and have applied for extension (3 yr, based on approved I-140).

    Now if my wife were to go to India and in a couple of months apply for her
    H4-Visa stamping in Delhi. What are the documents that she needs to carry ?

    Thanks



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  • senk1s
    10-14 09:41 AM
    is it an actual check or just a stub with direct deposit?

    Ours is also done thru a payroll company and in the direct deposit and stub our company name is there.




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  • satyasaich
    12-02 09:51 AM
    For sure i can say that one can travel (if needed) just after applying 485. No need to wait until one gets the travel papers.However to enter in to the country again, one should have either a valid visa H1 or H4 visa stamp in the passport OR should present the travel documents related to 485 (which means some arrangements need to be done. say a person applied 485 on dec1st/06. left to india on Dec3rd/06. travel documents usually takes anywhere between 6-8 weeks. so these have to be sent to india sothat the person while coming back to US again, can present at port of entry)

    Lawyers say as a matter of precaution.( For example there is a query to submit a passport copy once again etc;)


    Once a person had applied for 485, till they get advance parole if they had gone out of US, the application will be dropped.
    I did hear that if you are in H1 B then it is not the case, but lots of Lawyers are advising not to get out of country till the person gets advance parole.

    I do remember seeing lots of discussion in one of the portals on this topic, I remember that counselor processing is the option in this type of case.

    This is a complex situation, you should consult a lawyer.



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  • agiridhar
    04-17 12:24 AM
    Looks like from the posts from the main page that its a love-hate relationship between these job-shops. And the problem is analogous to chicken & egg problem, one can never understand who is insane and one cannot survive without the other.

    Also may be this cannot be generalized but must be dealt on case by case basis. As every individual and entity and their circumstantial situation is different.




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  • minimalist
    01-11 05:26 AM
    I probabably know the answer of this question but would still like to confirm, just to be sure:

    - First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
    - First Visa valid from Jul 2004 to Sep 2006
    - 1st US Entry Date from Aug 2005 till present date
    (been to india in Dec 2007 for 1 month for visa stamping)
    - First i-94 valid from Aug 2005 to Sep 2006


    -Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
    -2nd Visa/I-94 valid from Dec 2007 to Jan 2009

    My questions?

    1. Can my H1B Visa be extended again? This will be my 2nd extension.

    2. Till what Date can be extended?
    a. Jan 2010 (6 yrs from 1st I-797)
    b. Jul 2010 ( 6 yrs from 1st visa stamping)
    c. Aug 2011 (6 yrs from 1st US entry)

    Thanks a lot !


    Meaning 6 yrs from 1st US entry subtracting the time you are out of USA for vacaion.
    Meaning Sep 2011, if you were out of USA only for a month.



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  • hebron
    07-07 09:29 AM
    My H1-B is expiring in December 2007. I have approved I-140 now and am hoping to get 3 year H1-B extension based on my approved I-140. Do you think I can get 3 year extension even if the visa numbers for filing AOS is current? Does AC21 apply to this case? Please suggest.




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  • shivapb80
    12-27 06:59 PM
    they will not straightforward deny it...they will send you an RFE requesting proof that you were in legal status during that time. at that time - i am not sure how - but your employer will have to prove that your start date is in fact in january 2007.

    i am pretty sure that is the course of action as i recall reading a couple of cases like that and i think atleast one of those cases was a similar case and the other was related to 245(i) - i hope i get that right.



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  • srikondoji
    06-27 03:47 PM
    Thanks for all the info and i have alreadu sent this question to my attorney and didnot hear anything so far.
    --sri




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  • Blog Feeds
    05-20 11:10 AM
    From Business Week: A report released on Tuesday makes the case that increased immigration is not a cause of increased unemployment in the U.S. The study, �The Unemployment Disconnect: Untying the Knot,� was issued by the Immigration Policy Center, the research arm of the American Immigration Law Foundation, an association of immigration lawyers that generally supports pro-immigration policies. The study sets out with the assertion that if immigrants are taking jobs away from native-born workers, �one would expect to find high unemployment rates in those parts of the country with large numbers of immigrants.� Examining state, county, and metropolitan area...

    More... (http://blogs.ilw.com/gregsiskind/2009/05/study-no-link-between-immigration-and-unemployment.html)



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  • sagar_nyc
    04-28 05:39 PM
    I am getting this error for last two days
    "Multiple duplicate SRs already exist for the customer" i tried creating different account also . any thoughts???

    Received the RFE today. It was asking for my birth certificate copy & translation. My lawyer says this is very common. For me this is stupid, they already got my birth certificate copy and the translation.




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  • suttu
    01-14 01:18 PM
    There have been cases reported in past on this forum where the PERM approval was lost in mail.

    You should ask your employer to download the PERM approval from DOL ETA website, which should be completed and signed by both you and your employer (similar to the PERM paper approval that you did not receive).

    Your lawyer should submit this form with I-140 and also request USCIS to obtain a duplicate copy of PERM approval from DOL. This may help.

    Are you porting to EB2?

    Yes i was hoping to port to EB2.

    The issue is that the lawyer says that they will follow this process of dowloading the cert and request USCIS to get a dupe, but hey say they cannot do this under premium processing and will have to file under regular I140. this adds 6 months to the process and effectively eliminates any advantage since i hope to get my EB3 485 current by that time.



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  • makemygc
    07-24 04:36 PM
    Hi,

    If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.

    I'm assuming you both have filed 2 I-1485 and 2 EAD each. Based on your I-485, it's safe to change job only after 180 days of I-485 receipt date. You can change after 4 months but if for some reason your I-140 get revoked you are screwed. Same thing if you use the EAD obtained using your wife's 485. If you change your job before 6 months but use your wife's EAD and later on your company revoke your I-140, your I-1485 application is screwed up but you will stil be in status if your wife 485 is fine.

    Again, there is risk involved with such a peculiar cases and you might get NOD. I've seen one such case in IV where husband got a rfe on wife's I-485 even though he withdrew his application long back. But that case has some other issues as well so it all depends on case-to-case.

    Moral of the story is, if it is not a do or die situation, keep your case as simple as possible and switch job only after 6 months of 485.

    Please close this thread also as there are several threads with similar questions.




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  • gccovet
    10-07 01:47 PM
    H-1B Certification (http://www.foreignlaborcert.doleta.gov/h-1b.cfm)

    Upon DOL certification, the employer files the USCIS Form I-129 (http://www.foreignlaborcert.doleta.gov/leave-doleta.cfm?www.uscis.gov/files/form/i-129.pdf), the required filing fee, and other supporting documentation (including the approved LCA) to USCIS. Unless specifically exempt under the law, the employer must pay USCIS filing fees.

    Thank you very much. I appreciate your help.
    GCCovet




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  • gc_chahiye
    08-12 01:20 PM
    read the approach called 'bridging' (last paragraph) here:
    http://www.murthy.com/news/n_yath1b.html
    it literally describes your case (H1 transfer to C when a transfer to B is pending).




    gcdreamer05
    09-22 04:05 PM
    I work in a private firm (<300 employees) and they have filed for PERM and is under audit. What would happen to my PERM if a bigger firm takes over my smaller company.

    My H1-B 6 yr limit will expire by January 2010. What are the risks to my immigration status if my company is acquired by a bigger firm?

    1. Will I have to re-file for PERM again with the new company?

    OR

    2. Can I continue under the already audited PERM in smaller company's name?

    As long as the successor company wants you to continue with them , you have no problem. You can ask your attorney to send details about acquisition if there is any RFE and you are safe.

    But you should really try to find out, if the future company would like to support your PERM, because that is more important - company support.

    All the best.




    fatboysam
    02-12 08:33 PM
    Thanks for replying, i have some more questions related to this

    Lets say my current employer is A and next employer is B

    1. Do employers normally revoke I140 when employee leaves ?

    2. If my first PERM and I140 was under EB3 category, then can i switch to EB2 category with the next company ?

    3. Suppose i leave A and Join B, and after 2-3 months i join another company C, in this case will C be able to port my I140 from A ?



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