Friday, June 10, 2011

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  • BharatPremi
    07-05 05:00 PM
    http://immigrationvoice.org/forum/showthread.php?t=738&page=9




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  • kaizersoze
    03-21 12:30 PM
    I just posted this on another thread. I'lls et up a conf call, hopefully this weekend. We need to build some momentum and meet as many lawmakers as possible.

    PS: This post pertains to seattle area congressmen. I'll post a contact list of lawmakers in the northwest region. I noticed that someone from portland als posted here.


    Folks,

    As part of the WA state chapter, we have started meeting lawmakers. We met one congressman last week, are meeting one this friday and another next week and more as appointments get scheduled. I just want to share at this point that the initial reaction was very positive. They are very approachable, and very willing to listen. They understood the pain we are going through and noted the suggestions we made and the provisions that we want them to support.

    I want to point out that although they were aware of the ongoing debate on immigration and the difference between H1B issues and GC issues, they dont fully understand the GC process and how long and how much we suffer in the process. Once they realize this, they look at it differently. The only way they will know is if we go and talk to them !!

    I request and urge everyone to take 2 mins out of their busy schedules and just call their congressmen/senators. Help the core team out. They cannot do everything themselves. IV has all the material ready on the website. All you have to do is spend 30 mins talking to the representatives about it. I am speaking from personal experience. IT GOES A LONG WAY !!

    Once we have met a couple more lawmakers, I'll put a detailed post about the takeaways.




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  • rmutyala
    07-14 07:39 PM
    Houston




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  • Rockford
    07-17 02:23 PM
    What's the point of starting a new thread to throw in your opinion?
    Servers and all members are already very stressed.

    To begin with, it is not my opinion. It is an excerpt from other web site and I gave the link.

    This is new thread because it is different info than the popular belief here that there is going to be a definite relief.

    Hope you understand :)



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  • gc007
    11-19 01:24 PM
    I have recently returned using AP. I had 3 APs and the officer took one and returned 2 back to me. Both were stamped and the officer told me that for my next trip I can use the 2 APs with me. And also that I need not submit any AP on my next trip back.




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  • immigrationvoice1
    12-10 04:03 PM
    Please share the information on various Master degrees that you have done/doing/planning to do along with the University/school name and website information...



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  • onemorecame
    06-25 02:51 PM
    send new again. anyways first one is going to come back.


    Why he sent before date?

    Guru's Is it right that after filling 485, USCIS will process application according to PD(2003,2004,2005 like that) ?
    or USCIS will process application with the date 485 application received?
    or i am missing something over here.

    Thanks




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  • ak_manu
    07-23 03:15 PM
    The way EB2 is progressing now, it looks like you might get your GC in a year or two. I would definitely recommend staying with current company. Once you have GC you can choose any job you want and earn more too:-). Also, it might help you spouse with tution and job (in case no one sponsers H1). So, I would think patience is the Key.

    If you really want to switch to Top company then have them sponsor in EB2 by porting priority date. If that company cannot sponsor in EB2 and you are more interesting in career the choose an other Top company that would sponsor you GC in EB2. After all they all are just consulting companies no matter big or small. If it is a client then I might grab the opportunity even though they sponsor in EB3 as at least you might be safe with them (if you are lucky!!) and don't have to travel.

    Makes sense??



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  • Ann Ruben
    05-15 03:53 PM
    In this circumstance it is fine to file an H-1 petition while the L-1B appeal is pending.




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  • smileyslimey
    11-30 09:47 AM
    Thanks, honge_kamyaab.
    Your point is well taken.
    But, my doubt is on the premise that a new H1-B can be obtained based on a previous approved I-140 or Labor Cert. However, if I am changing industries, my job function and description are both changing. In that case, can I use the fact that I had an I-140 from a previous employer in a different industry for a new H1?
    Appreciate your help.
    Regards.



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  • dollar500
    04-09 08:05 PM
    ^^^^^^




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  • Rajeev
    09-23 08:33 AM
    New jobs pitch targets companies that move jobs offshore - Sep. 22, 2010 (http://money.cnn.com/2010/09/22/news/economy/Senate_Dems_jobs/index.htm)



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  • 123456mg
    07-20 02:59 AM
    Immigration attorneys normally send more than required documents to avoid getting RFEs later on. In this case, the reason people send W-2s (though it is not mandated) is to show that you were working and were making approximately equal amount that was mentioned on you H-1B LCA.

    There are various factors to consider here:

    1. If you know that your H-1B LCA had substantially higher amount and you did not make that much (cause you were on bench or any other reason), it would be far better not to send it. By sending your W-2 in such case, you are actually weakening your case and the AOS officer is going to find it out and will have RFE for it and later you will have a lot of explaining to do.

    2. If you know that you made almost similar amount as mentioned on your H-1B LCA, then you will have to send all W-2 from the time when you were last inspected or paroled by the US immigration officer. Do not give anymore than what is really required of you. By giving unnecessorily more information, you may cause additional issues later on.




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  • venky08
    08-06 03:05 AM
    capturing visa numbers would put an end to our misery. and increasing the employment based visa will pave way for future immigrants. handling a few thousand more cases is not a big deal for USCIS(there may be performance issues but not like difficulty of hiring more people to do the stuff!). don't get panicky about the number. it should be lot less than you would think.



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  • amsgc
    05-07 10:12 PM
    I wish the USCIS took this out as a requirement for AC21. Then life would be sweet!


    from AC21 memo issued on December 27, 2005

    Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
    Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.

    So find a new job before I-485 is approved.




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  • coopheal
    11-10 05:13 PM
    All,

    IV has put in significant effort in creating this survey to map the strength of our community.

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=95&Itemid=36



    Answered the the survey.



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  • purplehazea
    06-11 04:31 PM
    I dont want your colour to change but media keeps writing stuff,i guess we are intelligent enough to make our informed judgements.
    I do respect your view if you hold that as per your own judgement but I feel the time calls for teaming up with President rather than going after him.
    This will do us good I guess.Rest, its your color,you can decide which one you want to wear:)

    :) Alright lets leave the prez alone :p . Just curious, do you think this can move through senate, house and conference committee by august? I am following this drama for 2 years and my conclusion is that legislative action takes a lot of time from initiation to completion. With presidential politics building up for next year's election it will be very challenging to pass any law with the limited time on hand.




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  • santb1975
    04-25 12:00 PM
    I am using AC21. I start my new Job on Monday. I have had an independent attorney of my own for the past 3 years from whom I get a second opinion from time to time. I have already hired them for my AC21. I really liked the attorney I was working with through my old employer as well and at this time I do not know if my I-140 will be revoked. My employer will keep me in the loop with anything. My attorney has already prepared an AC21 package. Take a look at Page 3 of the Yates Memo. Here is the link (http://shusterman.com/cgi-bin/ex-link.pl?www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf). Here is an extract as well

    Accordingly, if the employer withdraws the approved Form I-140 on or after the date that
    the Form I-485 has been pending 180 days, the approved Form I-140 shall remain valid under
    the provisions of �106(c) of AC21. It is expected that the alien will have submitted evidence to
    the office having jurisdiction over the pending Form I-485 that the new offer of employment is
    in the same or similar occupational classification as the offer of employment for which the
    petition was filed. Accordingly, if the underlying approved Form I-140 is withdrawn, and the
    alien has not submitted evidence of a new qualifying offer of employment, the adjudicating
    officer must issue a Notice of Intent to Deny the pending Form I-485. See 8 CFR
    103.2(b)(16)(i). If the evidence of a new qualifying offer of employment submitted in response
    to the Notice of Intent to Deny is timely filed and it appears that the alien has a new offer of
    employment in the same or similar occupation, the BCIS may consider the approved Form I-140
    to remain valid with respect to the new offer of employment and may continue regular
    processing of the Form I-485. If the applicant responds to the Notice of Intent to Deny, but has
    not established that the new offer of employment is in the same or similar occupation, the
    adjudicating officer may immediately deny the Form I-485. If the alien does not respond or fails
    to timely respond to the Notice of Intent to Deny, the adjudicating officer may immediately deny
    the Form I-485.hello folks,
    I am switching jobs after an approved I140 and over 180 days from 485 receipt.
    I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
    - is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

    one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

    I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

    Thank you

    Rex




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  • ameryki
    03-17 10:47 PM
    Hi,

    My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.

    Please let me know if someone has similar experience with the following:

    1. Is there any salary restriction on increase from current salary percentage wise?

    2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?

    Thanks

    ans 1. it is a fairly gray area. ofcourse salary increase is part of every development and change but if it over the board i.e 50% increase in salary then it might raise a flag (I have read this here in the forum) anything between 20 to 30% is acceptable.

    ans2. AC21 is a fairly common option and has been used by many in this forum and outside after 180 days of filing 485. you should have no problems in renewals etc.




    gcwait2007
    06-29 11:58 PM
    Chanduv23,

    What about RFE without being current? Can it also be taken as Pre-adjudicated? Pls advise.

    Thank you




    srikanthmavurapu
    08-16 03:00 PM
    You have a valid H1 with the new employer (client), so there should be nothing wrong working with the client.

    Have you or your client signed a contract with the parent company? If you have not signed a contract, there is nothing to worry. I would assume your client may have signed a contract with your parent company(old employer). If that's the case the issue is between you current employer (client) and you parent company (old employer).

    You may also want to check with your attorney.

    There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.

    But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.

    Thanks,
    Srikanth



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