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  • ujjvalkoul
    01-18 12:29 PM
    No
    only the primary applicant needs to take the test
    It is not clearly spelled out on cic.gc.ca.(or at least I couldnt find it)...so I was confused..

    Even if the Spouse is included in the application and may work in canada...even then spouse does not have to appear for test....??

    Can you point me to the website for confirmation of this??




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  • eyeopeners05@yahoo.com
    06-02 12:55 PM
    July 07 485 filer with pd of July 2003 in EB3.
    EAD and AP available and can be used for AC21.
    Current H1 valid till 2010 July
    Got married after filing 485 and so wife does not have EAD etc and is on H4.

    Another company wants me to come to their company using EAD as they dont want to file h1. Can I use EAD under AC21 and switch jobs while my wife is still on H4 ?

    Is the EAD/AOS status change applicable only when going in and out of the country ? If we decide to stay in the USA till we get a GC, does it matter if I use EAD to change jobs though my wife is on H4 ?




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  • karthiknv143
    07-16 01:49 PM
    r there any updates to anything ? :eek:




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  • fcres
    08-14 03:37 PM
    I sent a single check of $745 just for my wifes app, my employer sent the $745 check for me , this included all including biometrics, why would they be crazy to receipt one app and reject another both within the same packet, for reason like 'improper filing fees', i am upset.

    Are you sure you wrote the right amount in numbers and words and sign and date it corrrectly? I have read if the words are not right they might return it.



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  • longwaitneeds2end
    09-16 03:25 PM
    Jediknight,
    Thank you so much for posting this on IV. We really need to stop such people from spreading hatered towards immigrants.

    Signed the petition. :)




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  • gcformeornot
    04-07 01:48 PM
    I hope it doesn't affect Employee (original labor) who have left GC employer using AC-21 with approved I-140 and after 180 days.

    This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.

    it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...

    "applicant failed to establish that the substituted alien improperly adjusted status"



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  • old_hat
    04-27 09:51 PM
    http://www.dhs.gov/journal/leadership/

    * USCIS has increased the emphasis on processing employment-based petitions. Our goal is to complete adjudication on the older I-140 petitions and to process newer petitions within our targeted processing time of four months. We are making progress toward this goal and anticipate reaching this goal by the end of September 2009.
    * USCIS is issuing employment authorization documents valid for two years, as needed.
    * USCIS is working with the State Department to make sure we use every available visa number. In 2007, we had more visas available in the family-based categories than were needed, so as permitted by law, we transferred those available family-based visas for use in the employment-based application process.

    I recognize that this is a difficult and complex situation and USCIS is working hard to make improvements and to increase transparency in our processes.

    Mike Aytes
    Acting Deputy Director, USCIS




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  • saileshdude
    06-25 11:00 AM
    You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.


    Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.

    Please elaborate if you can on this.



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  • mundada
    11-06 04:30 PM
    I did not want to start a new thread for this. But I had earlier last month contacted many senators with the official I-485 pending inventory as proof and asking them whether it was humane, ethical and moral to ask someone wait more than 15 years for a green card! And what they are doing to remedy the situation.

    This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.

    In Response to Your Message‏
    From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
    Sent: Fri 11/06/09 1:00 PM
    To:
    1 attachment
    0A953776.gif (2.8 KB)

    Dear Mr. Mundada:

    Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.

    Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The “Reuniting American Families Act” (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.

    This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.


    Sincerely,


    FRL: mts




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  • bank_king2003
    04-21 12:28 PM
    I don't think constitution allows suing Congress because it has immunity. Based on the their approval ratings you would see thousands of lawsuits everyday if it was allows to sue congress.

    RealClearPolitics - Election Other - Congressional Job Approval (http://www.realclearpolitics.com/epolls/other/congressional_job_approval-903.html)

    In that case we would have to take a number in line to sue congress because it will be big line. In other words there will be backlog to sue Congress and that backlog would be bigger than the green card backlog. :)

    So it seems we cant do much against USCIS on the lawsuit besides making congress to act. why 'Politicians' are not good in any country ???

    Btw, even i am EB2 - i support porting as i have seen EB3 people working with me and they are no where less in skills .... i want to file a lawsuit so that we can bring some lazy asses to justice like USCIS.



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  • sanjay02
    08-22 03:07 PM
    Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.



    I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.

    - Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.

    - If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.




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  • manishgc
    06-08 02:20 PM
    Hi


    I am in 7th year extension. I have PD 'Jan 2004 and my I-140 is cleared. (EB3)

    If I get extension for 3yrs, can I switch to another Company. And since I have 5 yrs of exp, can I file in EB2?

    Thanks in advance.



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  • bsbawa10
    08-21 10:23 AM
    You must ask the badge number and note down the time of each call. Then file a complaint if you are not satisfied with the customer service experience.

    Once we have a proof of hundreds of such written complaints, IV can also follow up. We need people to file 'written' complaints in order to help improve the service.

    I do not have any ID (She spoke that too quickly) but I know the time (8 am cst) and I am prepared to give the written complaint.




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  • nozerd
    11-29 03:16 PM
    The fees keep changing and should be checked on the website of your nearest Canadian Consulate/Embassy.

    Since now CAD is greater in value than USD, CAD fees will go up. Please see link below from Canadian Consulate Buffalo of various fees in US $. PLEASE SEND THE FEES LISTED HEREIN.

    http://geo.international.gc.ca/can-am/main/visas/fee_schedule_us_dollars-en.asp



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  • vin13
    01-27 02:00 PM
    Here is what my lawyer had typed for AC 21 letter

    Brief description of the job offer with job titile, brief description, and salary.

    A brief explanation of the company

    Inform USCIS that this job is similar to the one applied for GC process and mention about using AC 21 as it has been more than 180 days since 485 was applied.

    Attach copy of I-485 receipt, I-140 approval, EAD




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  • BMS1
    08-21 06:37 PM
    are you in EB2?
    Yes I am.



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  • Berkeleybee
    02-14 01:21 PM
    Thanks for that Iptel.

    Will include it in our lawmaker materials list right away and incorporate it into our presentation as soon as I can.

    best,
    Berkeleybee




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  • amulchandra
    02-22 06:35 PM
    Unless its absolutely necessary that you go out of the country I would not advise you to leave. In recent days I have heard of people with even valid H1 stamps and with projects on hand being turned back from POE by IO's despite getting assurances from the employee's manager that the position is critical. The question from the IO was they could find ton's of people here in the US who have similar skills and there is no need for a H1 guy to do it.

    Do not want to spread the panic but ....Be careful..

    - good luck
    kris

    Can you please give some specific examples? If the IOs at POE are going to decide the admissibility of a person based on his/her job demand and availability of US citizens for that job, what the heck is DOL for? Why we need LCAs at all?

    To the best of my knowledge the IOs at POE do not decide the admissibility of a person based on his educational back ground ,demand for the job he/she is doing or the availability of US citizens. That job is done by USCIS,DOL and the genuineness of the candidate is checked by the visa issuing consulate. Th IOs at POE check whether the person is otherwise inadmissible into US (Visa validity,Candidate's intention to work for the same employer and criminal/background checks).


    Please stop spreading rumors.


    Thank you
    amulchandra




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  • optimystic
    03-19 02:44 PM
    Well...my PD is current and my RD at Nebraska is also current as per thier processing times. But still no LUDs or any other updates so far :( (its been 19 days since my PD became current)

    I already spoke to USCIS IO one week back, and was told its a bit too early, and wait for 45 days and call back if nothing happens until then. They weren't willing to give me the status whether my Namecheck crossed 180 days.

    Just going to wait until April 1, and then call them again. Or get an INFOPASS . What do the gurus suggest?

    [EB3 - I , PD May 2001, RD July 30 07, Nebraska ]




    chapper
    11-08 12:54 PM
    From the pdf:
    Major volumes of pending applications at the end of September 2007 include:
    1,383,975 I-130 spouse/relative petitions;
    654,864 applications to adjust status;
    281,122 I-765 employment authorizations;
    188,559 I-131 reentry permit/advance parole;
    63,083 I-90 Green Card renewals/replacements.

    654,864 - see below - any thoughts? 320,000 to 350,000 primary applicants!

    According to I485: AOS includes - K1, K2, asylum, native or citizen of Cuba, refugee, living before 1972, spouse and minor of Cuba native.




    snram4
    06-25 04:49 PM
    what you mean by qualified people? Are you expecting a dynamic person with master degree or above with more than 5 years
    but less than 10 years and those willing to work 16 hours a day and ready to relocate any time and for the QA analyst
    position with the pay range of 30 to 40K? Then you will never get except some unemployed H1bs. I am seeing so
    many unemployed Citizens/GCs/EAD and existing H1bs are available in USA. The slow movement of H1b cap shows that


    That's correct.
    There are many unemployed, but there are not many qualified willing people available.
    Trying hard to recruit IT people for a month. Hardly finding any.



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