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  • desi3933
    06-25 02:18 PM
    I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.

    Thanks Elaine.

    My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.

    Could you please share your views on this.


    .




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  • shan74
    01-12 05:57 PM
    bhanurpiya i sent u a pm. please let me know.

    thanks




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  • aph0025
    11-12 09:41 AM
    Hi Gurus,
    It's amazing to see all the good work here! Please keep it up.
    My question is:
    I graduated with a Master's (MBA) from US in Dec. 06, have H1B approved from Oct. 1st 2007, through Comp. A (consultant). However, I have never worked with Comp. A, as they couldn't secure a project for me. Now, Comp. B has come forward to possibly hire me (non-consultant). How do I get my H1B transferred without the pay stubs, considering that Comp. B is a non-consulting company, and would need a very smooth transfer?




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  • admin
    06-01 11:02 PM
    This is a PM from for_ac21iv to me. He couldn't post here as I had closed the thread.


    Hi Admin,

    I started the new thread and poll "Separate bill for legal immigrants from CIR provisions", with the intention to help realise and pursue what appeard to me as a option/opportunity that might help us legal immigrants. It just seems to me from media and other forums that cir may take a long long time.

    I donot have complete knowledge of the process and timing of how legislation and lobbying works. Educating myself from aritles and posts on this and similar forums.

    It has been almost 5 years since I started my gc process and am really looking for ways that might make it faster for people like me and future applicants going forward and I really appreciate what IV is doing in this direction.

    I apologize if my poll, thread or intentions came across as anything but the above. Also, I will change my username, it has "iv" and may have lead others to interpret my messages as from IV.

    Please post this message in that thread for me. It looks like "Separate bill for legal immigrants from CIR provisions" thread is closed.

    Sincerely,



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  • rajeevkaza
    10-30 09:33 PM
    Hi,

    I understand ur problem, let us fix one by one, Ideally you are supposed to apply ur H1B atleast before 1 month, at the same time you can apply ur H1B extension within 45 days after expiry date with a genuine reason. As your Attorney to show proof and have him apply for H1B. Once you receive your receipt number you are still on H1B, if there is a way try to get it done in premium process.
    Now coming to using EAD, once you start using it, as far as my little knowledge goes you should not come back to H1B.

    Good Luck.




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  • chanduv23
    04-13 10:43 AM
    You are very correct. For them immigration issue means, family based greencard system. They will be happy if EB greencard is eliminated so that all greencards are given to their families.

    My friend contacted such organization and they said that they will help us by putting our issue on their website. For that I should ask IV to contribute to their cause. They refused to contribute anything or do anything for IV. They said that by putting IV's name on their site, they are doing us a favor by enhancing our profile and that is a big help. I am now repulsed by such ABCDs.

    This is so much in contrast to hispanic orgs or Irish orgs or jewish orgs who care for their people.

    yes, our community is divided. The main reason is, all these years, majority people used short cuts methods or got lucky or effortlessly immigrated and jumped to the other side. Things were not so tough for them as compared to us and we are competitive. They hate us for being competitive so they influence the law makers and the results is obvious EB green card is 10% and FB system is bringing in 60%. They take advantage of the the H1b system to live on us and influence the policies making it tougher.
    We are better off not seeking their help, but if people think otherwise, go for it. A lot of these organizations are formed for convinience and self interest and they really do not have any interest in the community as a whole.

    Take example of ATA and TANA. ATA is called American telugu Association and TANA is called Telugu association of North America. They say ATA is for Reddys and TANA is for Khammas.

    Look at the Gujjus. They are strongly bound their community only. Look at all the Tamil sangams, Kannada Sangams, ......

    I am not blaming them, but just saying that their agendas are not ours. We may be better off not spending time with these people.



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  • perm2gc
    12-01 06:23 PM
    this info is incorrect. from a murthy chat transcript...... available at :

    http://www.murthy.com/chatlogs/ch102306_P.html

    Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.

    Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
    hmm..its a news for me.thks for correcting me.




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  • brick2006
    04-21 03:44 PM
    well.. my attorney says.. i can be on LOP for 3-4 weeks..at the most..so i may have to change to H4..

    If the company gives a letter of avaliablity of the job..will that be binding?
    i.e. should i work for that firm..after getting a GC..

    Hey don't get too hasty here.
    You are lucky that you are on extended LOP. Try to stay as long as you can on this. This is 100% legal. In parallel look for a job.

    Here are my answers:


    BTW are you from IT BHU?



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  • roseball
    02-28 04:33 PM
    Can anybody please help in answering below questions on my case? I really appreciate your help. This is urgent for me.

    #1: I am working for Company A (current company). My GC processing details (with current company):
    1. Labor Approved.
    2. I-140 Approved with priority date of Aug 2006 (Category -EB2)
    3. I-485 - NOT filed
    #2: I am on 6th year of H1-B. My current H1-B is valid till Jan 29, 2011 (less than 365 days from today).

    I want to change job and join Company B (new company) for excellent offer and life long stability.

    As per my understanding, for continuous H1-B extension & GC approval on existing priority date, I must stay with existing company(A). But attorney of new company(B) is saying he will be able to handle my H1-B extension and may be able to save my priority date also by filing new PERM & I-140. I am not sure whether attorney of new company(B) is correct or not. Can anybody please help in answering below questions?

    Ques : If new company(B) transfers H1-B and USCIS will grant H1-B for 3 years based on approved I-140 with current company(A):
    A. Can USCIS revokes extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
    B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
    C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?


    A. Since the law is unclear, to be on the safe side, you can have the new company file H1 extension in premium processing and resign/leave the current employer only after extension is approved

    B. Yes, new company can start a new PERM and port your earlier PD during I-140 process

    C. PD can be ported even if old employer revokes I-140, provided the revocation was not due to fraud.

    Also, I am sure all IV members would really appreciate if you could tell us the name of this company which is offering a life long stability..:-)




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  • jettu77
    11-19 10:04 AM
    I also received only 2 AP papers. Does it matter.

    I checked my case online on 11/09/07 and found that AP of my spouse and
    myself have been approved.

    Today my attorney sent the document and on my spouse's AP document
    the Date issued is //199 at the top right corner. It should have been a correct date and not //199

    and in the paragraph below

    .....presentation of the original of this document prior to //199 allows a customs....


    I think it is the mistake of USCIS and I will follow up with my Attorney and also USCIS on monday.

    If anyone had this same issue please reply as to what needs to be done.

    Thank you...



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  • boreal
    09-23 01:02 AM
    09/22/2008: USCIS Ombudsman Assistance Available for EAD Delay Cases

    If your EAD applications are pending more than 90 days and you need ombudsman's assistance, the following steps should be take:
    Step 1: Call USCIS National Customer Service Center (NCSC) at 1-(800) 375-5283 and record the time/date of the call and the name/number of the customer service representative: Explain to the customer service representative that your EAD has been pending more than 90 days and ask for a �service request.� You should receive a response to your service request within a week.
    OR Ask the customer service representative to request an interim card for you. You should receive an EAD or response within a week.
    Step 2: If you choose to visit a local USCIS office, schedule an INFOPASS appointment to visit that office on www.infopass.uscis.gov. At the appointment, ask to apply for an interim EAD. Note that USCIS local offices no longer issue interim EADs. The local office can review your case and determine eligibility. The local office will forward your request to the USCIS service centers. You should receive an EAD or response within a week.
    Step 3: If you have tried both Step 1 and Step 2 and have still not received your EAD or an interim card, please email the ombudsman's office at cisombudsman.publicaffairs@dhs.gov with the details of your efforts. Please include the date and time of your call to the NCSC and the name of the customer service representative. If you visited a USCIS office, please provide that information. The office will look into your case and review how we may be of assistance.

    Source: www.immigration-law.com

    Wish they had something similar for AP too...anything? anyone?




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  • neverbefore
    06-30 02:05 AM
    I have used AC21 replied to all the RFEs about it. Laast year my attorney delayed renewal of my EAD and immediately 485 petition started moving and landed in National benefits Center for scheduling an interview.
    In 60 days after receiving the case the NBC has scheduled this initial interview, only for me.
    Additionally what is worrying me is that they are vague on what documents they want.
    They say if this is marriage based GC your spouse should attend. Or of parent-child based GC the petitioning parents or child should attend.
    They have specifially mentioned medicals if not already submitted, birth certificate, returns, employers letter, EADs, travel documents, I-94 and then they say all supporting documents submitted with the application. What do they mean? Is this because they don't know what they are looking for? on top of this the words "initial interview" have confused me.

    Buddy, it does seem you are being pre-adjudicated, as the other guys are saying. We had an interview last December for exactly this purpose and the reason was two consecutive failures of clear biometrics on our part. It was for the better though because now our case is just waiting for a visa number unless something changes rather drastically. However, we did not encounter the term "initial interview".

    Do indeed take all your documents. I am pasting here the list of docs our attorney asked us to take. These are rough notes I took over the phone so you might find some incoherence. Some of these docs were significant to our case and may not be applicable for you. I would always prefer to go for an overkill in immigration matters, so if anything seems remotely significant, take it along. If you like, you may want to read the account (http://immigrationvoice.org/forum/all-other-green-card-issues/21138-my-aos-interview-experience-5.html#post304806) I posted here at IV immediately after our interview. I remember a lot of people advising me to take my attorney along. I didn't because they were asking for a lot of money. You might want to take a call on that.

    And just chillax! You have done everything right, so why should anything adverse happen.

    What will happen: Oath->Demand for driver's license->Demand for passport
    Medical does not expire once filed
    Officer will review the file along with us
    We need to post a sticky note on file saying we are a family of 3 so we are seen together

    Docs:
    Appointment notice demands
    Paystubs
    Employment verification letter from employers
    Mortgage papers
    Education transcripts and degree
    Tax returns
    Marriage certificate
    Birth certificates

    Will be asked to get a police clearance certificate after the interview, so take it beforehand from the cities you have lived in previously

    They might give us an I-792, send a copy to attorney. Always get the officer's name!
    A copy of July 2007 visa bulletin
    Arrival/departure record to/from US
    Pictures (passport) and marriage and family
    Driver's licenses
    H4 and H1B Notices of Action



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  • carbon
    09-19 12:46 PM
    Looks like the article is coming straight out of NumberUSA's mouth!




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  • desidas
    01-22 12:30 AM
    Looks like Immigration Officers at Port of Entry are asking the AP entry individuals if they are still working from the GC sponsoring company.

    I am planning to travel on AP and is not working anymore for the GC sponsoring company.

    1. What would be the reaction of the Immigration Officer if he finds out that I am NOT working from the sponsoring company?

    2. What documents should I carry to ensure the I will be allowed to re-enter to US on AP with my current non-GC sponsoring company offer letter, pay-stubs etc?

    PLease advise



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  • ganguteli
    04-08 05:14 PM
    Winner - Thanks for the recommendation. You should have stopped right there. I ask questions to understand how it functions and whats going on. If you dont know the answer. Just be quiet. Stop making smartass comments. I dont have time go back and forth on it.

    You don't have time but you expect others to have time to read your smartass posts? Huh




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  • desi3933
    08-25 01:01 PM
    Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.

    There is one more thing you should consider -

    One is allowed to enter on AP, as long as the I-485 application remains pending. The risk is, if the I-485 application is denied while person is outside USA, then the Immigration Inspector can deny the person's entry on AP into the USA.

    _________________
    Not a legal advise.



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  • nousername
    04-07 01:56 PM
    gcformeornot: In your previous post you stated that "substitution is no longer valid".. I apologize as I am not very good with law jargon and definitions and no clue since when substitution was kicked out of the immigration law book.

    Additional details will be greatly appreciated.

    Thanks.

    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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  • waitin_toolong
    07-30 03:41 PM
    some 15-25 yrs back this used to be possible. I know of someone whos mom was air-hostess, and delivered the baby here and all of the family members got GC based on that baby.

    But they closed this loophole sometime back.




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  • GooblyWoobly
    07-18 06:25 PM
    Wrong! Yes, you will be the new fee but then you will pay the same fee each year you renew your EAD. No fee payment only applies if you file your I-485 with the new fee structure.



    If you are not planning on using EAD and she won't either then she needs to change status to H4.


    Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
    Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.


    Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf

    So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?




    vinayskadam
    11-24 01:22 PM
    @lj_rr:

    Thanks a lot for the quick reply, its really helpful.




    anilsal
    08-02 12:46 AM
    it is not luck or wishful thinking, it is legislation that is needed to get things our way? For this to happen, IV has to continue its efforts and for that to happen, all of you (if you already are, ignore) should consider becoming contributing members of IV and share some of the advocacy efforts of IV.

    You up for the challenge? If not, please wither away ;)



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