Monday, June 27, 2011

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  • hibworker
    07-15 05:37 PM
    Hand in all I-94 that are in your possession since last entry in to US.

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  • willigetagc
    08-15 09:06 AM

    If I am working with X company & Y company is ready to file GC.
    (Assuming Y has no objections even if I do not join the company at all)
    Is it mandatory for the candidate to join company Y at certain stage which has file GC?
    I would appreciate your comments.


    Yes and no. Yes it is mandatory by definition. No because there are ways around. You could go join a school to get higher education. You could ask Y to terminate your employment.

    Better still. AFter your GC is approved, get a letter from Y that "unfortunately the position is no longer available. You are most welcome to try for jobs in other areas". Then submit your resume and go for an interview or two, if called. Keep all records, emails. Then you are completely off the hook!!!

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  • chanduv23
    02-17 11:09 AM
    Back in 2007, we did a lot of PR work, we pleaded, begged, motivated, requested ... we kept on doing it consistently.

    There is a lot of work that needs to be done. The active folks must motivate the passive folks.

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  • vts31
    10-22 04:23 PM
    wtf! u guys are fast!


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  • sheela
    08-15 05:51 PM
    Couldn't resist opening a new thread and sharing this with fellow IVians.

    We got our green cards today. It is actually green (in the back).

    Another announcement is that I recently relocated to northern Mississippi. Would like to join up with other state chapter members. I am willing to coordinate with the group in Memphis TN.

    Thanks IV. I and my spouse benefited a lot from the July 2007VB and the work IV did concerning it. So, I will do more than just stick around but continue to be active as usual. The system is still broken and we will have to work to fix it.

    You said relocated- Did you invoke AC21 and if so, did you inform
    USCIS about your new employer/job? Please, let us know on this

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  • sheela
    08-22 11:26 AM
    I applied on June 12 (paper file) at TSC , Notice date June 18th , RD June 13th and received EAD cards on Aug 18th (CPO mail on Aug 15th).

    Hope this info helps.

    e-filed EAD renewal on 5/27 TSC
    still waiting....

    EB2 i
    PD:10/05, I140 approved 2/06


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  • chanduv23
    03-26 08:58 AM
    I used jet last week... 1208$ great food and service.. and the inflight entertainment was awesome !:D

    Can u define awsome :D:D:D some thing like hooters airline :D:D - take it easy, just kidding

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  • glus
    03-19 11:47 AM
    My LCA was approved in July 2007.

    My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.

    The USCIS returned the application asking us to re-send the application with a new check.

    My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.

    I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.

    Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.

    All suggestions are highly appreciated.

    Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.


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  • vladdrac
    06-11 06:01 PM
    the question may be, why did 'someone' do it

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  • smuggymba
    07-28 01:14 PM
    Came to US in 2004. But never was after GC. Applied in Feb 2008 EB2. So does not look like will get my GC in next couple of years.

    'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.

    Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.

    40SS credits won't get you SS after retirement if you're not a US Citizen then. Just so you know. India does not have a SS act with US and vice versa.


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  • krustycat
    03-09 07:33 PM
    if you have your I-140 approved then you should be ok, provided your earned more than the prevailing wage for that year.

    Even if you have I-140 approved, if the salary at the time you filed I-485 was less than the prevailing wage, they will examine again the company's ability to pay.

    My I-140 was approved in 2006 and back then my salary was enough to prove the company's ability to pay. However, I got a NOID in my I-485 and the officer is asking to prove ability to pay again.

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  • VivekAhuja
    02-20 03:45 PM
    GC and LC Wage is for FUTURE job offer and has nothing to do with what you earn now. However, massive difference can raise questions as to how you can justify such a big raise. Hope that the question does not rise.


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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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  • fide_champ
    04-07 09:37 AM
    AC21 allows you to change jobs after 180 days of filing before getting your green card. I do not think that you can invoke AC 21 after you have got your GC.

    Greencard is usually for future employment. But with the EB immigration, the same employer who you work for applies for your greencard. With this AC21 law, they allow you to change jobs if your 485 is pending for more than 6 months which means that after you get your greencard INS don't expect you to be back working for the employer who applied for your greencard.

    Eventhough there is no fixed time period specified, if you work for 6 months they should not have any issues.


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  • raydhan
    05-24 08:24 AM
    Thanks everyone.

    I am just glad to be a part of this effort. Thanks for all the encouragement and support.


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  • mdforgc
    02-17 08:39 PM
    Great job, wish u good luck, We will do our stuff in nY/NJ and meet lawmakers here


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  • black_logs
    05-01 01:20 PM
    You can't get an apointment for June, until you can prove you have an emergency. Also you should make your appointment at the post according to the permanent address on your passport.

    I have to visit India in June and I need to revalidate my visa that expired in April. I received my H1B extention last week, so that's no problem.

    Do I have to go to one of the 4 visa application centers (mumbai, delhi, calcutta, chennai) Or can I just drop by any of the other centers (drop centers I believe, there is one in Bangalore). Website is not clear about this. There is an alluding reference in FAQ that says :

    Qn: I am a returning H1-B/L-1 visa applicant, how do I apply for a revalidation?

    You need to schedule an appointment for a visa interview through our website or at a visa application centre nearest to your area of residence.

    Has anyone done this before? How long is it going to take? Is it similar to the drop-box that existed before?

    I got an appointment in Delhi last year (7th year extention in New Delhi) But this time I can't get an appointment in any of the 4 centers.

    ps: I can't get appointments before June in Canada or Mexico either. :(

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  • harrydr
    09-01 03:02 PM
    I have given you the link. What else do you need. This is ridiculous level of spoonfeeding/babysitting. You don't deserve to get information if you cannot fill a simple form out to request a copy of your I-140.......................

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  • rajenk
    08-14 05:18 PM
    Thank you all.

    Today I called USCIS and the CSR (Customer Service Representative) said, to receipt applications USCIS might take 90 days. And he said I am lucky to get my receipts!!! (I filed on July 2nd!) My wife's receipts will be sent once they enter her application and validate it. He cannot track my wife's application status based on my receipt number. It looks like USCIS needs good DBAs to design and normalize their tables and Data base!!

    I'll wait, and will check with my lawyer to see if they can verify with the cashed check.


    06-19 09:42 PM
    Before posting, please ask yourself if it is worth taking the risk when all you have to do is to wait for months to get travel documents. It is a personal decision!!!

    Michael chertoff
    04-07 07:33 PM
    Hmm. Another kela. Don't worry MC, your time will come.

    Bhiyaa aapkee baat samajh me nahee aayee...aap kahna kya chahte hai.

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