Sunday, June 19, 2011

ariel winter 2009

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  • n2b
    07-17 01:03 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.




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  • usirit
    11-20 11:37 PM
    There is a good job offer willing to take care of my GC process; my question is: "...being from Venezuela, with my H1B reaching its 6th year on June'29th 2009. Also, with my current employer my LC via PERM has been submitted under EB-3 since 08/06/07 at the Chicago Processing Center and is still "In Process".... I-140 & I-485 has not been submitted yet"

    Should I just wait.... or transfer which means redo the LC (Ads & Wages) around 90 days plus transfer of H1B via premium around 7 - 10 days.

    I just want to evaluate what will be closer and less stressful ...to wait until the actual process end with my current employer or just transfer because time invested is minimal compared to time to go.

    I will appreciate your advice so I can get back to the new employer with a much better perspective.

    Thank you in advance,




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  • anilsal
    12-20 11:51 PM
    I am from IL. I will try to attend. I will request other IL state chapter members to join the call, if they have some free time.




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  • chaituk
    10-21 11:42 AM
    Hi, I am in the same boat as you. Can you please provide your experience with filing the future employment I-485 and if AC21 is possible.

    My question is: Can you continue to work for employer B while employer A files future employment I-485 and can we use AC-21 after 180 days without being employed with employer A?



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  • pkv
    09-13 01:17 PM
    What is this fight all about ??? eb3-->eb2 ... or spillover??? changing any/both of them will not solve underlying problem.. Grow up people

    why not go for real problem??? if you want to ask congress/administration, ask for some real solutions which will help everyone. To name a few...
    1. Capture lost Visa numbers
    2. Get rid of country quota.. how does this country based quota makes sense in EB Category??




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  • brit89
    07-07 02:02 PM
    How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?



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  • jthomas
    06-11 01:26 PM
    people say I support it as if they are in the congress committee and the moment they say "I support it", the idea become a bill and gets passed.

    Writing letters, requesting the lawmakers for a 10 year EAD due to the retrogression would be a easy task for most of the IV members. This would create awareness and those who are afraid of meeting lawmakers would find a chance to do so. Once it create a momentum the group would be active to work on bigger issues.

    Great, if this bill gets passed it gives confidence we can do something. our voice shows strength and then more members would contribute, work on more action items etc..

    thats my thought. We have to constantly work on action plans under a good management leader.

    J thomas




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  • greeta
    04-21 01:20 PM
    Hi,

    I am working in US on L1 and my company would start my green card filling in next few months.

    I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.

    But many of my friends told me that green card processing is faster on L1.

    I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.

    Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?

    Thanks in advance.

    ~Greeta



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  • gc_chahiye
    10-31 03:22 AM
    WTF are you talking about, man??? It was said hundreds times: once one use EAD, h(is|er) H(1|4) is GONE!!! Per my lawyer, if you filed H1 extension before expiration, you are ok, in this case ext. filing date make sense.

    H1 status does end when you use the EAD, but that does not mean that you can never ever go back to H1. By getting a new petition, or your extension approved, and possibly having to re-enter the US, you can reactivate the H1 anytime. Its not all a one-way street.

    See http://www.murthy.com/chatlogs/chat0106_P.html
    Chat User : While in AOS, after using EAD and 6 years of H1B is expired, can the person change from EAD to H1B (1 year extension) if person's EAD extension is taking time?

    Attorney Murthy : Although there is no specific mention in the INS law or regulations on this specific issue, the INS has alluded that a person should be able to file an H1B 1-year extension, even from outside the U.S. or within the U.S. Worst case scenario is that the person may have to travel abroad and reenter on the H1B status by applying for the H1B visa abroad, but we believe even that should not be necessary as long as the person always maintained valid legal status until filing the AOS and thereafter.




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  • pappu
    07-29 11:45 AM
    My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.

    But that petion is based on EB2 :p
    I did not understand your answer.
    How come your 4 year old son apply in EB2 category and sponsor the parents. I know the application is for future employment. But this one is stretching too far? :)



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  • pappu
    08-15 11:24 AM
    See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)

    Second I-140 Allowed without Revocation of Earlier I-140 Petition

    The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.

    This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.

    08/15/2006: Multiple I-140 Petitions: Uniform Policy in Negative Fashion?

    * We reported on August 3, 2006 USCIS lack of uniform policy on multiple petitions on a single EB-2 labor certification application. It appears that the disease has spread to the TSC adopting a similar negative policy of denying EB-3 petition when EB-2 and EB-3 petitions are filed concurrently using single certified EB-2 labor certification application on the ground that "original" of the certified application was not available for the EB-3 I-140 petition since the original had to accompany the EB-2 I-140 petition. Obviously this is a deviation from the traditional INS/USCIS policy in a negative way and we hope that the USCIS leaders are not turning around from the liberal policies under Yates-Divine era to the narrow-restrictive policies.




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  • gc_check
    09-08 08:14 PM
    No, Did not port to EB3, He is EB3, Filed for 485 in July '07 fiasco. He is consulting his attorney to see, what to do about the unusual approval. Also did not receive the FP, after filing for 485 in July '07 until last month, when they did the first FP mid-august. Pretty sure about that, from what I heard from my friend.



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  • Krilnon
    03-04 07:28 PM
    It hasn't even been 23 hours yet, calm down! :P




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  • bazuka6
    09-01 11:41 AM
    I-140 and I-485 are always for future employment. Current employment only assures that employer has future permanent employment on your GC approval (employment on H1 is supposed to be temporary). There is nothing to stop you from working anywhere (or not working at all) until you get GC, at which time sponsoring employer is obligated to give you a job (for which he got LC and I-140 approved), and you are obligated to work for him. If AOS is not approved within 180 days, AC21 can be applied leaving no obligation to work for sponsoring employer.

    BTW, I-140 is an employer filing. They are expected to pay for it. Since July 07 it is illegal for employers to ask employees to pay immigration related fees (or ask to fill a bond to work for certain period).

    You may not use AC-21 AOS portability for future employment green cards. This is because the start date of employment on your AC-21 letter(from I assume your current employer) should be 180 days after filing of your future employment 485. Since you have been working for your current employer prior to that - USCIS will deny your 485



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  • kish006
    12-23 04:40 PM
    To my surprise, we just received both EAD & AP with corrected information. The mail room person did put in a folder and sent it overnight DHL. Sweet!

    Hi,
    I too got my EAD and AP with incorrect pictures. I thought I got my AP and book the ticket on Jan 16.

    I dont what to do now. Please help what to do.
    I f I apply now i will get my AP in time before I leave to India.
    What need to do now.

    Thanks in advance




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  • snathan
    08-18 05:08 PM
    No, not correct. Since she got a new I-94 her status changed to H1 w.e.f October 1, 2008.
    However, because she did not work she is currently out of status. She will have to change her status back to H4 either by going out of country and re-entering with H4 visa or filing I-539.

    She can correct the status by going out of the country. But any time USCIS can ask for the pay stub for that period during the GC process. If you are not able to provide the Paystub, your GC will be in soup. So the best would be to ge the pay stub.

    Thanks.



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  • funny
    09-16 02:54 PM
    Keep those phone lines busy..




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  • chanduv23
    06-12 10:30 AM
    Hi Mr. Singh,

    The whole reason for PERM labor certification is to determine whether there are no suitable US citizens who can do the job and it requires the company to apply for your permanent residency. If your company was able to find American citizens for the job I think you should be more worried about your job rather than filing for GC through this company.
    Legally I would say that since your company has found the American citizens for the job posting then the job should go to them.

    Best look for another job and apply for labor before Oct.

    Best of luck.

    Why before October?




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  • chris
    09-29 07:31 PM
    I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.

    If your name check cleared, you may have some hope.




    ash27
    06-06 10:36 PM
    I'm in Chicago and will like to move to Atlanta area....Do you guys know how is the IT market (Architect, .NET) doing in this area? Looking at dice and computerjobs, i do see the same jobs getting repeated...Any thoughts will be greatly appreciated..




    Aakaash
    10-25 10:38 AM
    I believe i am right when I say that one can work on an expired H1b visa provided his/her extension (I129) is pending approval!! Please correct me if wrong.



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