Tuesday, June 7, 2011

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  • purgan
    10-04 01:31 AM
    There are many people on this forum who have been waiting for 5 years or more. No one can predict when you will get the GC- such is the beauty of the EB Immigration System.





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  • jthomas
    04-03 03:03 PM
    Answer to question 1 :- You cannot work for two employers and take pay checks from both of them at the same time.(being in H1B)

    Answer to question 2 :- When you are looking ot switch jobs and do a H1B transfer. The receipt would take around 2 weeks. Unless you get the receipt you cannot move to your new job. Your new employer has to file the petition. Some fees such as fraud fee $500/- and another $1500/- needs to be paid by your employer and not by you. Attoneys fee can by paid by anybody. Take any average immigration lawyer. my suggestion, Its worth paying to a good lawyer than taking any stress down the road.
    I had consulted Visa pro and asked them couple of questions.Their consulancy fee was not expensive 4 years back.
    3. I would wait till the H1B receipt. I don't know this answer.

    Thanks





    Hi there,
    this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....

    Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:

    - Can you work for 2 employers at the same time while making the switch?
    - How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
    - Is traveling to my home country OK while filing the petition or is it better to wait until I come back?

    Thanks a lot!





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  • 485Mbe4001
    05-14 07:09 PM
    Thanks guys for all the hard work and continuing efforts.

    When i started jumping up and down, my lawyers gently reminded me that my PD will be current on June 1 and not as of today :p





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  • sobers
    02-15 02:38 PM
    http://www.miami.com/mld/miamiherald/13874198.htm


    We all know about the McCain_Kennedy, Coryn-Kyl, and Hagel Senate bills. Apparently, Sen Frist, Majority Leader, is also compiling his own bill.
    Not sure if this contains any EB-relief provisions, but it would certainly be an important, welcome, addition.

    � The Frist Bill. Being prepared by Senate Majority Leader Bill Frist, R-Tenn. Aides say no decisions have been made on content. But sources say it may feature tougher immigration and border controls.



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  • va_dude
    03-22 08:37 AM
    I did travel back in Dec-Jan to India and back, and just like you we used the AP to re-enter.

    I also am working using my EAD and not H1b. And have switched employers using AC-21. I did send in papers to uscis regarding my Ac-21, but none of that really came into play at the washington dc airport.

    We weren't asked anything related to our employment - no letters, pay-stubs, etc. All they looked at was the AP and that's it.

    I think it is safe to travel for you too. The fact that you have switched employers is completely legal. It might be wise to take the AC-21 memo and old and new pay stubs along with you.





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  • leo2606
    07-29 01:09 PM
    Old Pork Chops asked:
    Has anyone heard of cases where immigration lawyers have successfully petitioned on behalf of parents of a US baby (way before the age of 18) to become GC holders or citizens?

    But he didn't ask if the application is through Baby or Not (he just asked petitioned on behalf of parents of a US baby).

    So I was just saying My application is filed in EB2 through my employment being parent of a US baby.I tried to be funny but I got red square for my reputation:(

    Any way I would like to be out of this thread.

    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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  • kondur_007
    08-11 09:47 PM
    Dear Friends

    One of the USCIS IO at NSC told me today that processing date of August 10 2007 for I-485 is nothing but a guess work. She said, in reality the processing date is far behind that. When I said I may have better luck predicting Power Ball numbers, she said that could be very much true than predicting what USCIS does.

    Remember, in 2004 then USCIS director along with Bush unveiled a grandose plan in which they said by 2006, they will reduce I-140 petition processing times (for that matter any petition processing time) to 180 days. Four years later, things have became worse. Did anyone take responsibility? No. They give excuses.

    For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.

    My friend applied in June 2007 and his I-140 got approved in December 2007 when their online processing date shows November 2006. So, they processed a petition that was filed 11 months ahead of their processing time. Great....

    My colleague who shares office with me applied in October 2006 and still waiting to hear until today. Service requests did not do any good to him. Infopass is a pass. They all said he need to have patience... (lots of it).

    Many many instances like this. Online processing dates or what the customer service tells you doesn't mean a shit.

    The only thing that is good about online posting of processing dates is, we can file a service request which in many cases, after secondary request, tend to accelerate your case. You still need luck.

    How many of you hear "your case is with in normal processing time"... I have been waiting for 18 months for my I-140... what the hell in the world normal about it? Only USCIS seem to understand it.

    In the nutshell, its a funny and most idiotic agency and you cannot predict what it does. Do the same treatment to US Citizens, USCIS will be dragged into courts and torn apart in talk shows. Since we are non-citizens who are suffering, no body cares.

    See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.

    If you apply for 485, you get finger prints done. After a month, if you apply for EAD, you go again. What? Are your finger prints going to change every one month? What a waste of resources and time? USCIS do these kinds boneheaded things all the time.

    Only thing that will get you green card faster is "Luck".

    Good luck to all of us.

    This is exactly why this is the perfect time to structure our agenda for the upcoming CIR next year and try to introduce it in the bill to streamline this mess for everyone in future.

    It is very clear and everyone knows that with current structure and resources, using current procedures, USCIS will never be anywhere close to be "efficient" or even "effective". What is needed is radical change in the procedures and the structure of this agency. I dont think it is the fault of "a person"; the whole system is the problem. I would not be surprised to see a "frustrated" USCIS employee over these inefficiencies.





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  • we_can
    01-29 04:49 PM
    i just noticed your post. i am from portland, oregon. so count me in also. i had posted a message on the orgon state chapter a while ago and have not had a single response yet. Inspite of the large numbers of members in seattle and portland areas, i too am sad to this kind of inactivity and non-response.

    members from northwest (oregon, washington and idaho): This state chapter initiative is very important for our efforts. We are doing this for ourselves and I am pretty sure that these efforts will not harm your career or work in anyway. So, please do reply so that we could all get active and show that we in the Northwest can work for our situations and for iv's efforts in our own way.

    we_can



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  • txh1b
    08-18 05:11 PM
    If she is here on H4 and while she was here her H1B got approved then there is no problem. As H1B is not VISA and its intent to hire. Infact if she wanted to to Join work on H1B, she will need to apply status change application for H4 to H1B.


    Totally wrong. If the H1b was a COS, there has been a status violation by all means!





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  • hemasar
    06-22 09:57 AM
    hemasar....dont give wrong information. Just becuse your colleague said that he got it does not make it a law. Please be prudent in providing correct legal information!

    I am just sharing the information of one who got this experience. I am not claiming that is the law. None of us are attorneys. We are not giving any legal advice here. We are just sharing our knowledge and experience. What ever legal suggestions you provide here; are you taking any responsibility for that? No right? Just we are sharing our concerns, knowledge and experience. If you have any solid evidence that says USCIS will accept chest X-ray only after +/- skin test please share with us.

    Thanks.



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  • walking_dude
    11-26 11:19 AM
    Thanks. Please consider sending the E-mail to your friends as well. We need as many to participate as possible. If not possible to attend due to excruciating circumstances, at the least please consider contributing monetarily to this effort.

    I contributed $20 to this cause.





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  • leoindiano
    03-17 10:02 AM
    Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).

    Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.

    That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.

    Below are 3 categories left in 2004 as per my analysis....

    1) the applications filed in or after july 2007 OR
    2) applications had a PD after sept 2004
    3) Namecheck delayed cases.



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  • desidas
    01-22 08:01 PM
    What do yo mean by siwtching employer using AC-21 and again H1B status? Do you mean that you have a H1B with the new company? In that case isnt that just a H1B transfer? noa Ac021 switch?

    I am also in similar situation.

    I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.

    Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?

    Thanks in advance.

    BK





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  • admin
    06-04 06:44 AM
    The Heritage Foundation is a powerful Conservative Think Tank based out of Washington DC.

    More at http://www.heritage.org



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  • solaris27
    02-18 12:17 PM
    anything that is work related is tax deductable as per my CPA .





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  • mbartosik
    06-22 05:15 PM
    They charge $2, blimey, that's nothing. They want to increase to $9, hey increase it to $100 and to the job properly!

    If I was stuck in name check I'd happy write them a check for $900 not just $9.

    This is a typical example of how doing things on the cheap is just plain stupid.

    If they are going to do a name check for the 12,000,000 to 20,000,000 then how does that affect them. In computing we have to write systems that scale, I doubt their system will scale to cope with an extra 20,000,000 checks.



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  • hemasar
    06-22 09:38 AM
    Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present

    My colleague told me that he took only chest X-ray and not done skin test he got his GC.





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  • BhanuPriya
    01-13 07:27 PM
    Hi All,

    Thanks for your patience. I was busy yesterday and I would like to provide you all proper information what I sent to FOIA. Here is the information I got from my folders.
    1) You need to fill the form G-639 to get the I-140 documents.
    2) Provide as much Information as possible about your case. Some of you doesn't have the Receipt Number, they may also fill the form G-639 and provide any other information you have. (Ex: Provide with thorough description of your case in a separate paper.)
    3) After filling the form, Notarise it (Your bank will do it)
    4) Attach all the documents with this form and send it to:

    USCIS National Record Center
    FOIA Division
    PO Box: 648010
    Lee Summit, MO 64064 - 5570

    5) There is no fee to submit this form. You will receive a receipt# within a week how they will process your request.

    6) There is no way your Employer/Lawyer know about it. Its in between you and FOIA Division.

    I feel myself proud to provide all these details to you since I know how difficult to stay with a blody sucking parasite Employer. I spent lot of sleepless nights and I decided to fight with bad/rogue Employers.

    Please keep in touch if you have any other details.

    Bhanu





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  • solaris27
    09-28 10:48 AM
    but pay taxes on profets.





    jasmin45
    08-21 10:36 AM
    Go party now!





    pappu
    11-06 10:13 AM
    I see that for EB2 the PD is 01 APR 2004 now. I want to know if I-485 approvals is linked to this PD date or they will work independent to these days.



    Thanks,
    Sury

    -------------------------------
    PD : Feb'07
    I-140 - Pending
    I-131 - Approved
    I-485 - Pending
    Center: TEXAS SERVICE CENTER

    Recieved EAD Card and FP done.
    -------------------------------

    with a PD of Feb'07, be prepared for a several years of wait time. Unless any law passes.
    However there is a silver lining:
    You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.



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