Tuesday, June 7, 2011

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  • gc_check
    10-07 05:32 PM
    Got an email from HR (Large US Based Tech company) sometime back that there is a possibility representative of the USCIS may come to work location to review an employees immigration petition and this appears to be part of USCIS standard procedure. Employees have been provided with HR contact details to contact, if it happens for anyone. This is not unusual and this could very well happen to any one. Just a routine procedure. Nothing to worry much on this as long as you provide the details and if you have not violated any laws, etc..




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  • thepaew
    09-24 10:45 AM
    It is not possible to switch to F-1 if one has filed I-140. If you wish to pursue an MBA you basically have 3 choices:
    1. US-based part-time program
    2. If you are married, you can attend on H-4, with risks of being out of status if your spouse loses employment and the difficulty in obtaining US-based placements.
    3. Look outside the US - INSEAD, IMD, MBA-HSG, LBS, ISB, etc. etc. There are very good options outside the US too.

    Good Luck!

    -N




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  • gcformeornot
    01-09 04:03 PM
    Is this survey for only "those who lost a job while waiting for GC" or does it include anyone and everyone?

    applies to general legal immigrant population.




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  • lakshman.easwaran
    07-20 02:35 PM
    Folks, I have been reading this. My lawyer send me G325 only. I haven't filed as of yet. Should I file G325A instead.

    Use G325A since it has four pages. Each page will be sent to different places written at the left bottom of each page. My lawyer sent me G325A.



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  • BPforGC
    10-16 03:21 PM
    It really depends on the situation. When your pay stub comes from a different state and your employer is in a different state, your H1B is transferred to a different employer than someone who originally filed your I-140... changing employers... using EAD for a different job than what you claimed in your labor... can amount to more scrutiny. Before you get your green card, they want to make sure you still work in the same area or job that you claimed in your I-140. Hence, big shifts in profile should be avoided.

    H1B renewal with same employer, EAD using for identical job with a different employer, AP shouldn't be a problem since some of them are typically considered interim immigration benefits.




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  • morpheus
    04-02 10:45 PM
    I just did some further reading and research, and it appears that an H1 could do the following if this bill passed tomorrow.

    1. Quit their job
    2. Form an LLC and self-employ
    3. File for 218D status. Once this is approved, you are able to work anywhere. It's not clear if there will be a filing procedure or not.
    4. Wait six years.
    5. File for green card. Note that 218D requires you to work for the entire six years - but it can be full-time, part-time, self-employment or full time study.

    I can't believe it could be that simple. The only downside is that there might be 10 million people in the queue for 218D, so it will probably be backlogged until 2026!



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  • lrindy
    09-27 08:33 AM
    Hi All,

    I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?

    I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
    Thank you very much.

    -------------------------------------------------------------
    EB1 ROW
    PD: 08/2006
    140: approved in 06/2007 (NSC)
    485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
    765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
    131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
    FP notice recieved on 09/24/07
    FP appointment (self and spouse): 10/16/07

    Don't worry about it. When you go to FP appointment point this out to IO. You are correct "usually" 099 for primary & 088 for dependents. The "A" number is assigned at I-140 approval; that is "usually" the number you have on your receipts & GC when issued.("A" number is Alien Registration number and NOT the actual visa. The "A" number will be assigned to a visa once you get approved for GC.) There have been a few people on various threads have this happen to them. Just let the IO at FP know and they will help you OR speak to your lawyer about it. Note: Some applicants actually end up with a different "A" number on GC approval all together. So don't sweat it!

    Cheers,

    LRIndy. I am not a lawyer always consult one before making a decision.




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  • manish1905
    10-06 04:02 PM
    Hi Manish,
    I hope everything goes well with you.
    Did the officials call you or come to see you in person?

    yes the official did came in person at my work without any notice.He even took mu picture at my desk.it was hell of a surprice.He even wanted talk with my Supervisor but he was on vacation that day.



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  • eb2india
    07-13 09:47 AM
    Our Current EAD is expiring on 10/01/2008. So we had applied for extension in june

    This is mistake. I got my EAD last year with validity only between 10/01/2007 and 01/01/2008. I called USCIS. They have asked me to send a new application for a new card with out the application fee. You probably have to do the same. Since it is mistake on their part you don't have pay any fee. Please talk to USCIS, they will let you know how to proceed.




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  • WaitingGame
    11-26 09:58 PM
    Usually I get my Visa stamped in Chennai. I have enough info to survive in Chennai.

    This time it is not going to help much as I am going to Mumbai. It is a pain from the first step. I finally got the appointment for 10th Dec. I have to have some body hand deliver documents there in India..Oh well..

    I have the appointment at 9:30 AM and was planning to fly out of Mumbai Airport same day at 1:30 PM. Now it looks very ambitious! What do you think? :confused:

    I have no idea about lodging near consulate. I tried my luck near the airport many times. It wasn't pretty.

    Any recommendation on Hotels and area near consulate ? I am not going near Five star / Rs 10,000 per day.
    I am looking at ~ Rs 2,000 for 7 hours..

    Any help is appreciated..:)



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  • harryom
    04-10 11:16 AM
    Gurus:
    I am into 8th year of my H1b and getting it approved every year becuase of pending I-140/I-485 application.

    Situation1-->I recently I noticed my I-94 number with new I-797 approval notice does not match with the one I had only passport. New I-94# does belong to me in tha past I-797 approvals.
    Q1: Is it major problem and do i need to fix it right away or I can wait to apply for extension for next year? My immigration depatment is silent on this , may be because they made a mistake in I-129 petition form.

    Situation2: Even my paspport in I-129 has typo...but I have recetnly got new passport from NYC as it was due for renewal.
    Question2: Do I need to update USCIS with new passport#, if Yes..how?

    Situation3: While submitting I-129 form my immigration dept also did not put in Alien number and I noticed that its not showing up on my I-797 approval notice.
    Question: Is it something that also need fix or shall I wait form next year extension. Is it required in H1b notice as I have pending I-140/485.

    Any suggestions/advice..please share it if any one had similar experience..

    Thanks




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  • I have 1 child amp; 1 angel baby


  • desi3933
    02-21 08:29 AM
    ......
    My concern is (1) that when the time comes to adjudicate his 485, someone might look back and say err, ten years ago there was a problem... I hope it won't happen, but I just want to be safe and my understanding is that returning with a stamped H4 would cure this and (2) that if we decide to go for the stamping, whether someone in the embassy would dig up the records and cause us problems.

    Thanks for the insight.

    For employment based I-485, out of status is looked only since last entry into US on visa. Even then out-of-status (since last entry) for upto 180 days is forgiven as per section 245(k).

    Here is my old post dated 09/09/2008 on this topic
    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/21386-ead-status-when-ead-renewal-delayed.html#post286704

    .....
    Section 245(k) allows adjustment of status if person is out of status for less than 180 calendar days since last legal entry into the US. Entering US on AP does NOT count as legal entry.
    .....


    And, my last point, out of status rule applies ONLY to applicants 17 years or older. so your son is ok.

    In short, aal izz well.


    _______________________
    Not a legal advice.
    US citizen of Indian origin



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  • gccovet
    05-08 02:31 PM
    :confused:
    I am changing job and moving to EAD from h1b. My 140 is approved and 485 has been pending more than 180 days. I am in EB2 category.

    Question 1 - New employer wants to inform USCIS about job change and I dont want to do so as it just might delay AOS process? suggestions/thoughsts?

    Question 2 - New employer wants to apply for EAD and AP via corporate attorney and I prefer that my attorney do that but if i will have no choice I will have to give up BUT can corporate lawyers apply for my EAD and AP without me changing my legal rep with USCIS?

    Question 3 - The job title was "Sr Systems Analyst" and now it would be "System Quality Analyst 5" 5 is the highest level in this company after which it goes to Tech. Manager. I dont see issue with the title...do you see any issue? (job description are similar-I would say about 70%)

    Question 4 - Salary at the time of filing 140 was 60k offered for the Sr. System Analyst position and now with the new job is 100k. Can that be a problem?

    Hi, I am not an expert, quoting from things I have read in the past.

    Ans 1: Notifying or not notifying about job change should not delay AOS process. It might help that you might not get a RFE. People on IV and RK forum have mixed views on this. Some choose to notify some do not. In case you do not notify, you might get an RFE asking for pay stub and current company. I know Shila Murthy and some other lawyers prefer to notify.

    Ans 2: Your corporate lawyer can apply, they will have to get a G28 filled out and signed from you.

    Ans 3: As of now, using AC21, job title is not a problem at all. What matters is, job description, should be same or similar (definition on same/similar not clear yet- may be very soon). If the job description is very similar then it should not be a problem.

    Ans 4: If salary is more then it is not a problem, should not be less then specified in I-140/LC.


    Again, I don't consider myself an expert. so take this with a pinch of salt.
    Good luck.
    GCCovet




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  • go_guy123
    05-02 09:34 AM
    If you count the taxes these 150K legal immigrants would have paid if they were in US for a year it is more than 2.5 billion dollars.

    There was a recent study claiming that 14 million illegal immigrants pay 1.5 billion dollars a year in taxes (read mostly sales taxes). And thus US should legalize these 14 million people to continue to get 1.5 billion dollars a year.

    Now you can compare 150K people vs 14 million people and who pays more.
    The study fails to tell that these illegals do not have insurance. So they use hospitals for free. They do not pay federal taxes because they do not have a valid documentation. Even if they are allowed to pay federal tax, many will be below poverty line.

    The study did not envision an economic scenario for America if 14 million illegals are legalized. How many will claim unemployment, social security, medicare etc. I can bet the cost to government will be in billions with many zeroes after that. Someone should call the reporter and the pro illegals who created that study to answer these questions.

    It is possible for undocumented to pay teh federal and state taxes. They generally usea fake ssn and once the payroll is run taxes get sent to IRS.



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  • iamlost
    07-24 09:59 PM
    Hi all,

    My I-140 was approved 2.5 years back and I-485 was also approved more than an year back.

    But, today the status on my I-140 got changed to "REQUEST FOR INITIAL EVIDENCE SENT, CASE PLACED ON HOLD". I am not sure, why did they reopen the case again. I checked with my company and they assured me that they didn't revoke my I-140.

    Could anyone suggest me what's happening to my case. Has anyone seen an similar kind of an issue and suggest me how to proceed ?

    Thanks in advance !




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  • obviously
    08-04 12:08 PM
    Thanks for sharing!

    my attorney said When you interfile, even if ur previous PD is current, you cannot file 140+485 together.. you have to first file the 140 requesting the previous PD be ported and then once that is approved..file you 485..!!
    >> I have both the I-140's now, the EB2 and the Eb3. So this is not a case of filing I-140 together with I-485. Qn is can the underlying I-485 EB3 pending adjudication be matched up with the new I-140 EB2 which has the older EB3 PD? If not, is filing a new I-485 to follow on the new EB2 I-140 the only option? Currently EB3 India is Unavailable and EB2 India PD is Jun 06. My new EB2 PD is Nov 02.

    but he said....if ur PD is current you can take a chance and file both 140(requesting porting)+485 ..but then the chances of 485 being sent back are high..
    >> ok, thanks.

    Whew, just when you think this darn thing will be over ... :D

    Cheers!



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  • dixie
    02-15 10:11 AM
    Definitely an idea worth considering. Of late we hvae had too many "new members" who turn out to be 2-3 post wonders - get their questions answered and vanish without a trace. But given the subsidy mentality prelavent among our "educated and skilled" community, I doubt the idea will fly.




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  • DSLStart
    04-28 12:08 PM
    150,000 entrepreneurs in US have returned to India! - Rediff.com Business (http://www.rediff.com/business/slide-show/slide-show-1-over-150000-entrepreneurs-in-us-have-returned-to-india/20110428.htm)




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  • styrum
    02-18 12:22 PM
    I can't recall Democratic senators helping LEGAL immigrants during the CIR debate last year!

    Maria Cantwell (D-WA) introduced the only amendment favorable for us.




    kate123
    09-16 03:02 PM
    Called all the representatives.... guys it took only 15 minutes.. burn all the fone lines!!!!!!!!its our last chance and only hope...




    cram
    09-21 10:21 PM
    I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.

    I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.

    I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?



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