Thursday, June 30, 2011

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  • walking_dude
    12-12 01:42 PM
    According to USCIS field manual for Adjudicators (IOs who approve 485), they should use DOL O*Net Codes, to determine same or similar, while approving. This code is mentioned in your LC.





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  • newuser
    08-01 09:11 PM
    Mine is EB2 June 5th, 2007





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  • MDix
    09-28 09:14 PM
    Twenty Legislative Priorities for Lame-Duck Session, including DREAM. This is our chance to PUSH RE-CAPTURE.

    Democrats to stuff 20 bills into post-election lame-duck session - TheHill.com (http://thehill.com/homenews/senate/121223-dems-stuff-lame-duck)





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  • sk.aggarwal
    05-12 03:03 PM
    Not sure what to say. But I believe in your original H1 petition requested dates of employment were only for one and a half month and I think you will get only that. Unless attorney files an amendment and documentation for additional 3 years. I dont think USCIS will even look at I-140 approval since it was not eve part of the packet

    What is your attorney saying?



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  • hineeta
    05-22 03:17 PM
    Hi,
    Our attorney told us to get documents ready to file I-485 as our PD of Jan 2004 might get current, hopefully. Unfortunately, my birth certificate does not have my name (at time of birth, name was not decided) but rest info is there. This makes for incomplete information on birth certificate. Here is what we have been advised to do (copied from attorney's mail):

    My question is has anyone got Nonavailability certificate in case of missing birth certificate from Delhi (my place of birth), India. If yes, please...........help me out and let me know how to go about it. My parents are not even sure which Municipalty branch to go to.......they are getting the affidavits ready, though.



    "Since your birth certificate is not available, you may obtain a Certificate of Non-Availability: This document is issued by a competent governmental authority confirming that the birth certificate does not exist. There is no set format for certificates of non-availability, but the document must indicate the reason the birth record does not exist, and indicate whether similar records for the time and place are available.



    You may also obtain a Affidavit of Birth: If a birth certificate does not exist, was issued more than one year after your birth, or does not contain all of the required information as stated above, a sworn affidavit executed by both parents (mother and father) may be submitted. "





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  • pappu
    11-01 08:02 AM
    Hello,

    My labour got approved but we still have to file for I-140. My h1b is going to expire on May 2007.

    Can I get H1b extension based on Labour approval? If not, is it necessary to file I-140 soon.

    Thanks in-advance for any update.
    yes, if your labor was filed more than a year ago you can get an extension. However I would advice you to first only file 140. get it approved. these days it is fast. and then apply for h1b extension in january. you will be able to get 3 yr extn instead of 1 year. it will save you much extension headaches and legal fees.hope this helps.



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  • ashwaghoshk
    04-14 09:44 AM
    yes, they are right. if you try to file GC now then they will calculate your stay period and ask you to leave the country immediately (they wont even wait for july 2011). I think it makes sense to go out of country asap for one full year, come back with new H1 and then start the GC process. Alternatively if ur spouse is working and is on valid status then convert to H4. you can start ur GC process on H4 too. Once labor is approved activate your H1 and file for 7th-8th year extension.

    im not a lawyer but my experience with immigration gives me the knowledge to suggest you the above. in such critical time its always worth to contact an immigration lawyer and seek advice.





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  • WeShallOvercome
    01-10 06:43 PM
    Gurus,

    I got my GC on the 30th of Nov. My current project ended on 31st Dec. My employer is not responding to my calls and emails asking him if I'll get paid on bench. He is not giving any clear answers and just dodging the direct questions.

    I have a few very good offers in my hand as of now which I can take but those might put me in violation of some non-compete agreements that I signed. I also signed a 1 year 'bond' at the time of my I-485 filing in May.

    I'm without work for the last 7 days and I won't know if he will pay me on bench before I get my paycheck end of january...

    Some of the offers that I have can wait for a few more weeks...

    What do you guys think I should do in this case..

    Mainly worried about these aspects:
    1. Non-compete agreements
    2. Bond signed at the time of agreement
    3. Leaving employer soon after getting my GC.


    Please don't blast me for being a chicken even after getting my GC... I'm just trying to get the opinion of my fellow IVians...


    Thanks



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  • greencardfever
    03-14 02:11 PM
    Is this still an issue?





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  • nandakumar
    03-27 01:15 PM
    My I140 was originally filed at California service center, on 3/24/2006 it was transferred to Texas service center.



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  • kalyan
    06-15 08:49 AM
    Good thing is after 6 months of EAD ,change the jobs. So the new additional income added to your pot can be used to pay INS if there are any annual renewals till you get the GC.

    INS will have atleast 200-300K 485 Applicaitons from Indians and equivalent from chinese, Mexico by July 31'st.

    So INS will have a good beer party with Billions of Dollars and fixed royalty income from renewals from the potbellys of Indians, chinese,mexicans. This is a ballgame in no mans land.

    Some one in INS did a good math to have good money. With these money, if the new bill et al is passed, can be used to build next gen systems.

    Good Luck to everybody including me. I am also in the same race to get GC but i am far distant.





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  • rachnaj
    03-02 07:19 PM
    Hello
    We have a situation and need your advice on this:

    We have approved I140 with company A. Company A merged with Company B, and created a new company. Our amendmant was filed for new company and is still pending. I have also a copy of my approved I140 with company A.

    My I485 has passed the 180 days.and I have my EAD, and AP, and done FP.
    I have an offer from different company from the same industry sector where I have been working for past many years and same job profile.

    I have the following questions:
    1. Can I use AC21 portability and take up the new job?
    2. Do I have to wait for the amendmant I140 approval?? Or can I change with the approved I140 of company A, and 180 days past after amendmant has been filed.
    3. is it true that the employer doesnt have control over pending I140 after 180 days past for 485?

    Please help with your information....It will help us decide.

    Thanks



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  • gc28262
    12-30 02:42 PM
    Please see my answers below.

    Hi - I am on 7th Year of my H1. My I-140 has been approved. My I-485 is pending for while plus my PD is not current as of Jan 09. In this case...

    a) Am I eligible to apply for H1 extension (I don't want to use EAD)?

    Yes, you can apply for H1 extension when I-485 is pending

    b) If Yes, will I get 1 Year or 3 Years?

    Once I-140 is approved, you will get an extension for 3 years.

    Thanks for your help...





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  • sunny1000
    01-14 04:44 PM
    I got approved H1-B notice on 30th Dec 2008 from CSC. My previous expired H1-B date ends with 02/14/2009, but my current newly approved one starts with 02/26/2009. So there is a gap of 11 days between those. Currently I'm on job. Does it really means out-of-status?. Do I need to run February pay check with less hours and officially in vacation?.

    Please advice me.

    :confused:

    I think that is a mistake either on the USCIS part or on your attorney's part (he/she probably filled out the wrong dates in the I-129). Check your filing docs and ask your attorney to see if he/she can get it corrected.

    Since this is a future date, you are not out-of-status yet but, you will be for those 11 days if it is not corrected.



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  • arihant
    04-02 10:58 AM
    I feel bad for you. Given that nobody has responded to you yet, i am guessing not many are experiencing similar problems.

    Try the following:
    1) Talk to your lawyer and see if contacting your local congress person would help you.
    2) Post in other forums as well such as murthy.com and immigrationportal.com.

    Good luck. The whole GC process is very stressful when everything is progressing without a hitch. So, I cannot imagine how much more stressful it must be when things get screwed by BEC and/or USCIS.





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  • mordaut
    04-27 10:02 PM
    Thanks! And yes, those were taken in New York. Brooklyn, to be exact...

    The first one is the 7th Avenue stop on F. That's actually 8th Ave, but the station is really big. :) The other ones are also of 8th Ave and taken from my apartment.

    I'm gonna make some more, as I soon as I upload some other photos.



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  • upuaut
    08-29 02:08 AM
    sorry man.. I don't have anything for you. If I were doing it I'd opt to try to create the maze in Flash, using a/s created lines.. but that's not much help to you.





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  • GCwaitforever
    06-19 10:11 AM
    Here is my understanding after I read the report.

    There is a law that says that I-485 applications will have to be processed within 120 days. According to USCIS interpretation, the clock ticks only after FBI name check, this check and that check. But the supervisors/adjudicators have authority to bypass the check and process the application after 40 days of no reply from FBI or other entities.

    None of the above mentioned can be construed as legal advice.





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  • sandiboy
    07-20 02:50 PM
    maybe this question has been asked before, I just couldn't find the thread.

    These days with tons and tons of I-485 applications received every morning, how is USCIS gonna decide which one to process first?

    If it's strictly on "first received, first processed" base, then it may well be that one guy with 3/07 PD date may have his application processed earlier (thus earlier AP and EAD) than one with 5/06 PD date. Simply because the 3/07 PD guy sent out the package much earlier than the 5/06 PD one.

    Do I understand correctly?

    Is this fair, though?

    There is already a thread open for it. Please read it.
    http://immigrationvoice.org/forum/showthread.php?t=10428

    Moderator, please close this thread





    gcwait2007
    03-22 12:14 AM
    Can you please post details of your PD and EB category and other details?





    PHANI_TAVVALA
    01-19 09:13 PM
    UPDATE: Homeland Security Raid of Ruby Hill House, Tri-Valley University Linked to Immigration, Customs Probe - Pleasanton, CA Patch (http://pleasanton.patch.com/articles/homeland-security-raids-ruby-hill-house)



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