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  • rheoretro
    09-25 05:20 PM
    This will not amount to discrimination in any way. If you are not able to show the proof that you are legally entitled to staying in the country for the coming 3-5 years (and many people here are extending their H1 status every year) it will be very risky for a lender to extend a 15-30 year mortgage to you.
    As a matter of fact in a very competitive market lenders most likely won't turn your application down, but will make you pay more in interest, which again does not qualify as any kind of discrimination.

    I was approved a mortgage app. at very competetive rates... you can be asked by a lender whether you are a permanent resident or citizen or not, but you cannot be turned away just because your GC is still in the works.

    And if someone does choose to leave the country for some reason, they sell the property or put it on rent. Hopefully, they would have bought intelligently enough so that in case they need to put the property on rent, the rent would cover the mortgage!





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  • rangakutta
    02-10 11:56 AM
    I have a masters in Electrical engineering. And my job duties is system administration or say system analyst.





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  • pappu
    08-11 01:12 PM
    Immigration Voice would like to thank its members for their continued support and dedication. Your contributions and volunteer efforts will enable us to work towards solving the issues that we all face during our employment based green card process.

    The 2009 Ombudsman report released at the end of June 09, confirms the grim future that we conveyed to our members in the last newsletter. If no action is taken by the legislature, heavily retrogressed nationalities of India and China have an upwards of 10 to 20 years of wait ahead of them. The time to act is now. We cannot sit back and relax and hope for something good to happen. We have to act in order for favorable things to happen. To that end, we would like to impress upon our members the significance of our latest Advocacy Action Item
    ================================================== ====================================

    IV Advocacy Action Item August 2009

    The future is not in the hands of fate, but in ours. The summer August recess is here and the lawmakers are back in their constituencies. This is an opportunity for us to meet with them and address our issues and present solutions in preparation for the upcoming CIR. We must push for our agenda to get our provisions in the base bill as CIR is being drafted currently. If we do not get our provisions in the base bill then it is much harder to get them attached to the bill in the form of amendments.

    IV therefore requests its members, to call up and start scheduling lawmaker meetings NOW. Please take appointments with your local lawmakers of both houses of Congress. You can find more information about how to reach your lawmaker in this guide http://immigrationvoice.org/media/HowTo_Guide_MeetLawmakers.doc
    We are organizing national and state level calls to coordinate this effort. You will be given detailed instructions on how to schedule meetings, what to carry, and most importantly present the IV community’s agenda and present solutions. We have scheduled two nationwide calls on August 11 and 12 to get everyone started on this action item. You can find the details of these calls including the dial in numbers from your state chapter or on IV’s Donor Forum.

    To that end, we have created multiple documents and support material that will go into your “Advocacy Packet” for you to carry for these lawmaker meetings. We have also created a Lawmaker Appointment Book http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemi d=36 where you will post the details of your lawmaker appointment and we will provide you with the advocacy packet. The idea is to at least have 2 or more people when going to any meeting with the lawmaker. More details of this action item can be found on this thread : http://immigrationvoice.org/forum/forum85-action-items-for-everyone/294611-iv-action-item-advocacy-month-august-2009-a.html

    In summary there are three parts to this action item

    1) Please start taking the appointments with your lawmakers now. . Once you take the appointment, update the details in the Lawmaker Appointment Book that is available on http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemi d=36 and you will receive the Advocacy Packet that you will need to take to the meetings.

    2) Please attend any one of the following calls to get more details on this action item. These calls will also provide an opportunity for you to ask questions and get updates on CIR.
    Call 1:
    Tuesday August 11, 8 PM EST

    Call 2
    Wednesday August 12, 9 PM EST

    3) Once you have your meetings, please email the details and feedback to info@immigrationvoice.org to help us follow up with their DC office with your feedback. Your detailed feedback will also help other members in their upcoming meetings with their representatives.

    We must push ourselves harder and stronger in this month if we have to see the light at the end of the tunnel. Advocacy is an integral, essential and important part of democracy and we must exercise our first amendment right to demonstrate that we not only are highly skilled and are high income individuals but we are truly the best and the brightest Future Americans.
    ================================================== ========================================

    Democracy, Advocacy and You

    Each one of you can be an advocate for the change you seek. Advocacy is not just for lawyers and lobbyists. You do not need to be a member of a bar association or hold a JD (law degree). Advocacy is not something that can only be done by the wealthy and the powerful. The power of American democracy lies in the right to petition the government in a peaceful manner to redress grievances and advocate for change. It is a right given to every person on US soil by the first amendment in the constitution. Peaceful and legitimate advocacy is an essential part of a democratic society. There is nothing to be afraid of. Just because you call your local lawmaker’s office or send them an email or a fax or meet them to make your case, your pending green card is not going to be in jeopardy. We must understand that we cannot talk about frustrations and ideas on the message boards and forums without following through on those words by meeting our lawmakers. Words without action are futile.

    Without any legislative action from congress, we all have a decade plus wait lying ahead of us. The retrogression is a reality and the nationality doesn’t matter. The priority date of your EB category doesn’t matter. Time to act is now. As the summer recess approaches for the congress in the month of august, the lawmakers will be back in their constituencies. This gives us an opportunity to meet with them as their constituents and make our case for our provisions to be included in the upcoming Comprehensive Immigration Reform. We have prepared an advocacy packet for you. Detailed instructions on how to set up meetings with your members of congress are included in it along with the supporting documents to make our case for Employment Based Green Card reforms.

    Immigration Voice Advocacy is a grassroots effort. Each one of you must become an advocate for the change we seek. Together, we will bring America out of the current economic recession and strengthen the national security. As a highly educated and highly skilled future American living in this country legally, we must petition the lawmakers to address our issues and present the solutions. We hope that you put action behind your words and passion.

    Thank You
    Immigration Voice





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  • dilbert_cal
    04-15 12:04 PM
    If your employer remains the same , the job remains the same and the job location is only changing by 8 miles, you have nothing to worry about. It will NOT cause any issues.

    Btw - Did you talk with your company lawyer and/or your manager about this ? What is their opinion.

    ps :- You have two threads - please delete one of them or edit the post so that two threads do not go in parallel.



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  • WeShallOvercome
    11-07 12:10 PM
    If EB2 PD is 1 APR 2004 then what does the ProcessingTimeFrame Date(August 25, 2006) mean for I-485 in Texas Service Center.

    Can anyone clarify. Guys exuse my Ignorance...I just want to know the rule


    sury,

    What that means is "All applications received before August 25, 2006 AND whose PD is current , are being processed"

    If your PD is 2003 but you filed your I-485 after Aug'2006 your app will not be adjudicated.
    If you filed before Aug'2006 but your PD is after Apr'2004, your app will not be adjudicated.

    If your PD is before Apr'2004 and you filed your app before August 25, 2006, your app will be adjudicated..

    This is to make sure people don't start expecting approvals and calling them left and right one day after filing if their PD is current. they need some time for every application, so they put in this 'processing date' which works in conjunction with 'priority date' to check if a case is approvable at any given time. They normally won't entertain calls enquiring about a case if the filing date does not fall within this processing date.





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  • leoindiano
    07-12 10:04 AM
    DOS chief is a puppet for republican government. He is neck deep on the attorney's firing case.

    They thought they can keep us quite by opening gates. Then CIR died. Then they closed the gates.



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  • cagedcactus
    04-06 11:05 AM
    while it is good to hear from USCIS, who pretends to be running smooth in law makers' eyes, it is also disappointing that nothing is being done to resolve. Numerous amounts of attempts have been made by pro immigration parties, but nothing has passed that can help the cause immensely. They just continue to run as they feel necessary, and regardless of how many senetors I have met, the outcome has been same. Lots of promises and no action.
    This is huge moneymaking machine for USA that will continue to be so. Why the heck would they jeopardise their income on EAD and AP renewals? :rolleyes:
    we are in for long ride.... have been in for a long time, and it is just getting longer....





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  • zj142
    12-22 09:14 PM
    My understanding of "This includes cases where a change of employer has occurred" is alien beneficiary can retain his/her PD in the case of changine employer. Change of employer is not included in "Fraud or willful misrepresentation".



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  • jonty_11
    12-03 02:15 PM
    I cannot comment specifically to ur case...but when me n my spouse travelled on AP...going to India - no one looked at AP...we just turned in our I94 to the airline....

    I think the relevance of AP is only when you re-enter US, hopefully by that time u already have AP in hand for urself and her.





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  • pritibshah
    06-24 08:35 PM
    Hi,

    I recently (one month back) got laid off from the company who filed for my green card. Today i got RFE on my 485 (AOS) requesting "currently dated and original letter from current employerthat specifies dates of employment, current postion, wage, and that the terms and conditions of the empployment petition continue to exist".

    I am not working with the company anymore but I am on their payroll till July 21st 2009.
    I am still looking for a new job so i don't have any prospective employer yet. I have to reply back before July 19th so I don't have enough time left.

    My company said they can't give me employment letter now so my companies lawyer suggested that they will send reply with their own cover letter and my last two months paystubs. 3 years of tax returns.

    Do you think it will work and it won't cause any problems to my petition?
    What other options do I have ?


    Thanks in advance!



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  • watzgc
    09-18 05:41 PM
    That is not true. Once you have EAD on hand, you can chose to work using your EAD. I-140 pending or approval has nothing to do with working on EAD. The risk is, if his I-140 is not approved, then it would automatically trigger a NOID for I-485 and his EAD becomes invalid....thats the risk factor. But one can work if one has EAD.

    yes, thats what i heard from attorney this afternoon. thanks LostinGCprocess.





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  • fide_champ
    06-25 02:28 PM
    It looks like my lawyer has already mailed the application to USCIS. The priority dates becomes current only on July 1st.

    What are my options here? Does anyone has faced such a situation?



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  • FinalGC
    12-02 02:55 PM
    I heard that if the labor is approved and h1b is about to expire, I can apply I-140 under premium processing due to a recent rule change>>>
    >>This is not true for your case, since you did not apply for GC 365 days prior to completion of 6 year h1.....

    You cannot transfer to H4, since the 6 year limit is for the "H" category.

    I dont think you can work on OPT immediately after applying for F1.

    As I think you have another option. I am giving you the conceptual idea, but check with your lawyer to see the exact details....
    => Apply for GC and also apply for F1 (check with lawyer the details).....Keep working with company until H1 expires, then jump into F1 status. Go on an extended vacation from work, maybe without pay. As soon as 140 gets approved apply for 3 year h1 (check details with lawyer), then jump back with company and continue on your new H1 and GC process....who knows you might change your mind about US in a couple of years, after earning all the $$$ and the GC might help you stay for ever...:-)





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  • LostInGCProcess
    08-25 12:31 PM
    Best thing to do in this case is, simply use your AP. No H1b stamping is needed. You can still remain on an H1B even if you use the AP for travelling.

    As per my lawyer, the H1B has 2 aspects to it. One is the fact that it maintains status, the second is the actual stamped visa which allows entry/re-entry into the USA. You dont HAVE to have the stamped visa, if you have alternate means of re-entry.
    I work for Company A, applied i-485 and both got EAD & AP.She is the dependent.
    My Wife works for Company B which sponsored her H1.

    So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?



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  • girijas
    06-13 04:17 PM
    It's suprisingly difficult to get people to make calls - most of them think it is silly or wrong to lobby, when the fact of the matter is that, the louder ones are those who get heard - not necessarily the ones who have a stronger case :(

    Anyway, since it has been some time since I made the calls myself, I will go ahead and make the calls again. I guess others who have called before can do the same.





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  • harrydr
    01-06 08:05 AM
    Please advise if 5.5+ years of experience and an Advanced degree in Electronics would qualify me for porting me from EB2 to EB1. I have been waiting to file for my I-140 over an year now but things aren't looking anywhere near to it.

    So just wanted to understand if this was even legally possible.



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  • gimmemygreen
    01-07 12:14 AM
    I recently quit Wipro in United States after servicing two weeks notice period. Wipro didn't want me to stay longer as client was not willing to pay longer than two weeks. I have not signed any service agreement with them when I came onsite on H1B. However, they insist that their deputation letter sent through email is legally binding on me even though I didn't sign a hard copy of the letter. They are asking me to pay $10,00 or serve 6 months notice period which is no longer possible as I have already joined another company. I am seeking legal help in India and planning to sue them as they have withold all my PF, Gratuity, Leave encashment and other dues, experience/relieving letter. Is it possible to sue them in United States as I currently do not stay in India? Also, can I complain to DOL, USCIS about these issues. If yes, how do I go about it?

    Sue them buddy. It has potential to become a class action. Wipro is the worst employer with third class management. Managers at Wipro can't even spell Management correctly. Couple years back interviewed with and was sitting on a bridge waiting for these clowns to call in for 35 minutes. After talking to them for first 5 minutes, I hung up my cell phone and never picked their call again. Azim Premji should go back and sell his cooking oil. Managers responsible for this kind of fraud should do 20 years in federal penitentiary and then deported back in plane full of shit to their native country:D.





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  • bekugc
    03-18 12:41 PM
    while we use Ead to chg to a different company during ac21, is it possible to first chg the company using ead and then later apply for h1 transfer ?





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  • rongha_2000
    10-02 11:23 AM
    Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?


    Yes it will be Pending Adjustment for all of you if you use EAD .

    But as backup and if not required just be on H1B visa and do job for same company again if possible .

    or if you are changing company file H1B extension as backup.





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    new_horizon
    05-07 08:36 AM
    I don't think you should make it a big deal. I know it hurts you and your family to see PD question you, but they were doing their job based on someone's complaint. Moreover you don't want to complicate matters, and put you in the spotlight for nothing.
    I am sure the gods will be more forgiving on these ignorant officers, and so should you.



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