Wednesday, June 8, 2011

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  • wandmaker
    12-19 01:23 AM
    Is it true it is must to use EAD to invoke AC 21? I am not sure but people said I cannot use H1 but EAD to invoke Ac 21........
    if you invoke AC21 means you have to use EAD not H1B......

    AC21: You are letting USCIS know that you will not be working for GC sponsoring employer as you have found a new similar/same job with some one else.

    EAD/H1B: EAD is an work authorization, which allows to you work for any one. H1B is allows to you work for an sponsoring employer. If your new employer agrees you take you on board then do an H1 transfer, your title will be "similar/same position".




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  • thescadaman
    09-10 07:54 AM
    I ordered my IV Texas T-Shirt (regular shipping) on Sunday and this morning I got an email which said that the T-Shirt has been shipped. I think, the T-Shirts should reach by the end of this week.

    See you all in DC!




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  • kondur_007
    09-08 03:44 PM
    Ok.. I spoke to the USCIS customer service. They want me to refile I -131 either e-file or paper based and send the original (wrong picture AP) along with it and also all the supporting documents (passport copies, etc)

    What a pain....

    If I were you, I will definitely do infopass before sending anything. Local USCIS office is likely to be helpful in this case.

    Good Luck.




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  • seahawks
    09-12 11:41 PM
    28 members and counting! yippee...



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  • InTheMoment
    06-29 01:01 AM
    Yabadaba,

    I am in a similar situation with no new stamp or I-94 while last entry into the US from Canada at a land border crossing. This is the date/place that I had mentioned in my I-485.

    See

    http://www.immigrationportal.com/showthread.php?t=158111

    http://www.immigrationportal.com/showthread.php?t=145094&page=1&pp=15&highlight=canada

    http://boards.immigration.com/showthread.php?t=165295

    There is a mighty good probabilty that we will get an RFE to
    establish proof of inspection of entry into the US

    So...start getting together any proofs for that:D that said it is fairly easy to take care RFE



    PART 3

    Place of Last Entry Into the United States (City/State)

    What should i put over here? I did not get an arrival stamp when i came back from canada last month after stamping. all the immigration officer did was tear the bottom portion of the h1b approval and staple it to the passport. he said that was my I-94




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  • sky7
    07-26 10:09 AM
    Dear all...

    I need some advice here...

    Here is my current status:

    **LC filed: Sept 2002, EB2, RIR
    **I140 EB2 is currently pending, Non-Concurrent (filed June 2006)
    ** On 7th yr H1B ext - expires March 2007

    My questions are:

    1) I am considering quiting the current employer and work for a new company. Can i still get H1B extension if the new company files a PERM immediately?

    I actually asked the my lawyer the similar question, this was her response:

    "There is a CIS memo that allows 7th year extensions even after LC is approved. The problem would be if your company revokes the LC after you leave the company. If they don't revoke you can use the LC and get a 7th year with the company, file your own LC thru the new company. If they revoke, and they may given the fact that they are paying for it, you could then be in trouble. The regs and memos do not cover this situation. My interpretation would be TROUBLE upon revocation"

    Can I get a second/or more opinions on this?


    2) When someone leaves a company in good terms, the employer doesn't normally go through the hassale to "revoke" his/her labor cert right? (good or bad assumption?). If they don't revoke my LC and I140, then the new company can transfer my H1B over and get an extension?

    3)And I assume IF my I140 gets denied (or declassified to be EB3), i am still ok as long the new company has filed a PERM for me, correct?

    4) Or would it be SAFER to wait for couple of months (assuming the Nebraska Center is fast!) to get my I140 approved. Then transfer my LC, I140, and H1B to the next company...and have them continue my GC process? And i read somewhere that I can keep my PD that way?


    I need to know the possible risks b4 accepting another job offer. all helps are appreciated... :)


    Thanks in advance for ur help

    Sky



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  • gc_on_demand
    05-20 12:52 PM
    Here is link to full article..

    http://thomas.loc.gov/cgi-bin/query/D?r110:13:./temp/~r110hBM8XT::

    Some one posted on IV that Mr. SESSIONS supported recapture but opposed AgJobs portion. Truth is he only supported EB5 programme where US can make money.

    This post is only for awareness. Please call these guys and let them know what we are and what we are fighting for.

    It will not increase GC. which Sessions was saying yesterday. CALL NOW>>

    "It would also increase the number of employment-based green cards that will be given out over the next few years by 218,000. It is called green card recapture. I note that a green card, in effect, gives permanent legal status to a person who has a green card, and a guaranteed path to citizenship, as long as they don't have some felony offense. It would reauthorize the Foreign Investor Visa Program. That program probably deserves consideration for renewal and reauthorization. I just thought we certainly have not discussed it in the Judiciary Committee, where I think it is supposed to be coming forward. No hearings have been held on it. It was stuck in while the appropriators were considering funding our military men and women in Iraq and in other places. It was stuck into that without any real debate. "




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  • optimist578
    11-24 08:02 PM
    I forgot to mention that I also have a valid h1b visa. I don't intend to use my EAD. So in that case if I go back to f1, what will happen to my PD and 485 application?
    or is it better to fall back on EAD and continue with education? Please advice!
    Optimist578 - can you please let us know what you find out from your attorney?
    thanks a lotsxk


    I am planning to pursue my studies part-time, while working fulltime on H1B or EAD. If you move to F1 visa, you will have to forego your immigration application. To apply for immigration later will require you to start all over again. It is unbelievable !! :mad:
    So, depending upon your age and other factors, you should consider studying part-time or wait till you get your GC.

    ------------------------
    EB3 March 2003
    AOS RD: June 22 '07
    EAD, AP Received



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  • shx
    02-12 08:12 PM
    Just to let you know.... I got my labor approved in EB2, with MS + 1 year experience. You can try this option too.




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  • aj2000
    02-23 01:38 PM
    shut up idiot. Do you know how many 485s have been rejected for using AC21? Some people have advised me to stay where I am as long as it takes, but my gut tells me to find another job. So I am just asking for risk and opinions.

    Nice way to talk on forum , my fellow.. btw., I wanna know "how many 485s have been rejected for using AC21?".. really.. an exact number would be very helpful for people like me who are in same situation as you.



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  • cfan666666
    06-28 09:20 PM
    Both of them will work, I believe.

    Good luck to all of us!




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  • CantLeaveAmerica
    04-16 02:09 PM
    not a good place for IT...dallas or austin is better than houston...

    I dont agree..IT is good in Houston too..depends on what ur skillset is though



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  • shanti
    02-23 12:07 PM
    I filed my labor three years ago with a requirement of BS + a minimum of a one year experience (I had 4 years of US experience and 6 ys experience abroad at that time -feb 2005-).
    Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
    My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.

    The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.

    Did anyone hear anything similar?

    Thanks and have a great weekend!




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  • loudoggs
    08-27 05:46 PM
    Email VFS with your question. Everytime I have emailed them, they have replied back within 24 hrs.

    Just curious, why do you want to use the special category? Book your appointment through the normal procedure as there a lot of dates available.

    I just booked my dates online some 2-3 weeks back and after filling in all the forms they automatically put a note on the DS156 form that said "Visa Renewal". I already have a H-1 and am going to get my 2nd H-1 stamped.

    Hope this helps.

    VFS website for booking H1B stamping appointments in India seems to have added a new question when booking a H1B appointment.
    The question is "Are you applying for same visa class that expired in the last 12 months?*" and they have defined the Visa renewal criteria (which I have pasted below) in order to answer this question. Yes- means you are seeking a appointment for visa renewal and No - means your appt is NOT for visa renewal.

    Can somebody advice if me and my wife would fall under the visa renewal category. The last US visa on my passport is F1. My H1b status started in May 2004 and I am now in my 4rth year of H1B. In between I changed employer and my H1 is now valid upto October 2008. But I have NOT travelled outside the country after my H1B status began in May 2004. Hence I am going to get my H1B stamped for the first time. In my wife's case also her last stamp is F1 and she went from F1 to H4 this year so she is also going to get her H4 stamped for the first time. Do we answer YES (appt for visa renewal) or NO(appt not for visa renewal). We are booking a appointment at the Mumbai consulate.

    The below is the visa renewal criteria as defined on the website:
    Visa renewal appointments are available to visa applicants who:
    have a U.S. visa that has expired less than 12 months ago.
    wish to apply for the same category visa (work, business, tourist, etc.)
    are Indian nationals (hold Indian passports)
    are resident in the New Delhi, Chennai, or Mumbai consular districts (this category is not available to Kolkata based applicants).

    The following applicants do NOT qualify for appointments in the visa renewal category:
    Applicants who have never had a US visa.
    Applicants who have a U.S. visa that expired more than 12 months ago.
    Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa).
    Non Indian passport holders
    Applicants applying at the U.S. Consulate in Kolkata.
    First time H4 or L2 applicants under 18 years of age. (If you have recently married a H1b or L1 visa holder but have never had a visa interview for a visa in the H/L category, you may not schedule in the renewal category.)
    Applicants applying for more than one visa at the same time (e.g. F and B1/B2).
    Applicants applying for entertainment/performance visas(P3 category).
    Applicants applying for unskilled worker visas (H2b category).

    All visa renewal applicants should bring the following documents to the Embassy/Consulate Consular Section on the day of their appointment:
    Current, valid passport
    Passports containing previously issued U.S. visas
    As applicable, I-797 (H and L), I-20 (F & M students), DS-2019 (J visa applicants)



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  • drona
    07-12 02:49 PM
    But won't we have right to contribute once we get our green cards. The sooner the better then?




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  • Munna Bhai
    08-23 12:04 PM
    I wish it was like that, but it amazes me how many times I have to give the exact same information to all government agencies. They have no clue or contact between each other unfortunately.
    For example, why do I have to give all my information on all forms, even within USCIS? And why do I have redo my fingerprints every year? My fingers don't change.
    And why can people get a new drivers license or hide in another state from where the drivers license was issued?

    The only thing that should be needed to apply for a i485 should be your social #. The rest of the information they should already KNOW... Why should you give it? Then they will have to check that you gave the right information on the paper, not focusing on if the information is correct... It is just opening up for fraud.
    So until they get their information straight, don't underestimate how much data you have to give them over and over again... and how slow the process will be because of that.

    Swede is correct, you need to have all the documents...here is the classic couple of case:

    a)One person was deported as he was not able to show the document and immigration department didn't had.
    b)One person is in H1b (was in F1) but RMV asked for F1 I-20 as that was what stamped on the passport.
    c)Another case, H1b was not extended to 3 years even though this person stayed outside USA for around 11 months. Even after submitting docs, got only 2 years extension

    So you are free to conclude..



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  • a1b2c3
    09-23 06:07 PM
    same issue nsc rejected one time second time accepted




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  • tish
    06-25 06:01 PM
    Consult a lawyer.
    I personally think putting your canadian vist as the last place of entry might not show up in records as no stamping took place and also the I94 part which is taken by the customs and sent to INS in kentucky did not happen in your case. So when USCIS checks u'r I94, all they will see is the date in 2000 when you came to US.

    In your case since you jumped from F1 to H1B via OPT you might not have had any gaps in chaging status and USCIS did not ask you to leave the country for gettting the H1B stamped(Change of status was approved )

    This situation of yours hinges on technicality and better talk to a lawyer.

    what happens if the passport gets stamped and got a new I94 in the vancouver airport and no inspection after coming back to US.
    what should we enter as last entry into us




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  • FinalGC
    05-01 11:05 AM
    singhsa3:

    You are missing one important point......You are trying to move the way state and federal govt works. State govt work environment is very similar to Indian or Chinese Govt....Logic and ethusiasm to change is missing here....

    You have to work for State Govt to know this fact. The only way you can get them to do stuff, is being at a Director level job in the USCIS or perhaps lobbying with Congressmen. They only understand laws and policies.

    Anyway I do not want to discourage you......Keep up the enthusiam dude!!!

    What you may want to do is, write to the NEW Director, with your proposal and also send a copy to all the senators who have recently proposed new EB related immigration bills. This might make an impact...




    Dhundhun
    07-10 06:30 PM
    On I-797 from Y it doesn't have I-94 number on it anywhere. since its through consular processing.
    In order to work with Y, i have to get stamped first then only pay stubbs are generated. This was the understanding, when owner of Y ,company Y Attorney and myself were in the conference call discussion.


    Basically the H-1B with company Y required Change of Status (COS). I am not familiar with this type of situation - whether you can get change of status done in USA or not. If not I think this is a case, which requires Visa to be stamped in home country.

    Could somebody throw more infromation on this? Thanks




    kaarmaa
    02-10 02:40 PM
    In your sim city you can make these rule. However for the real world support IV initiatives for the best results.

    what initiatives? Never seen any publicized...



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