Saturday, June 18, 2011

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  • graylensman
    11-25 02:15 PM
    * Due to my mistake, graylensman's votes weren't counted in the final poll.

    For what it's worth, four of my five selections did indeed make it into the final balloting.




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  • va_dude
    03-09 03:01 PM
    kminkeller....

    I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.

    Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.

    Thanks.




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  • kishdam
    03-20 12:39 PM
    And law firm is right, they protect their clients. Search this forum for I-140 revocation by USCIS. I-140 was approved and then revoked by USCIS itself. In that case AC21 does not help, 485 will be denied.

    I didnt understand your point: Is revoking an approved I140 is mandotary for the employer when an employee leaves? Per most lawyers it is not mandotory. Yes ofcourse employers "can" revoke but the question is it necessary for their interests and how?

    Revocation of an approved I140 by USCIS is may be for other reasons like incorrect info when its applied or something like that.




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  • ujjvalkoul
    01-17 06:08 PM
    2 months is another long wait....I guess it cud be more ....

    Was your at Nebraska Service center too?



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  • fcres
    12-10 02:40 PM
    What matters is a permanenet job offer letter and duties should match the
    labor.

    Rajesh Alex


    rajeshalex: Where does it say job duties should match? I was under the understanding that the occupational classification should be same/similar.




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  • dealsnet
    02-26 01:24 PM
    Don't answer to this person. He is started many threads and make funny questions. He is wasting our time. All contradition. See some of his postings below. One question he talks about receiving GC posted to his parents. Another talks about his sister. Admin................Please take care of this guy.!!!!!!!!!


    Originally Posted by nirdlalegcade
    yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..
    Today, 01:37 PM
    nirdlalegcade
    Junior Member Join Date: Jan 2008
    Posts: 15



    what if
    ________________________________________
    what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?


    01-20 05:08 PM
    nirdlalegcade
    Junior Member Join Date: Jan 2008
    Posts: 15



    leaving US without greencard but has H4 visa.
    ________________________________________
    Hi to all. (questions are in BOLD, RED / GREEN words)

    Actually, I don't have any idea on this but I just want to ask if I can leave & go back to the US with just my H4 visa? Cause I'm still waiting for my green card cause it's still in process.
    My parents are here in the US and the reason why I want to go back to my country is because I want to continue my studies there.
    Another question is:
    If I go back in my country with just the H4, what if while I'm in my country and my green card is sent in my parents (in US), Can they just send the green card to me and use it if I go back to US?
    PLEASE HELP ME.
    I appreciate any help. Thank you.
    cause i'm kinda desperate. he-he-he.
    ________________________________________
    Last edited by nirdlalegcade : 01-20-2008 at 05:41 PM.


    what if my I-485 is July 20, 2007 (it is processing), how long will it take before they can send my GC to me?


    Hi one question,,,if I go home to my country to study using H4 while my GC is pending,then suddenly the GC was sent to my sister here in US,can my sister just mail my GC to me in my country so that if i go back here in the US,i can present my GC to the US immigration???uh!im confussed!thanks!



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  • gc4me
    07-05 09:02 PM
    Please let me know if anyone/your friend has port PD using receipt#. Logically it should be possible, as USCIS should pull everything from DB using receipt#. The question is has anyone successfully done this?




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  • sheela
    09-23 09:39 AM
    Gurus,

    Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:

    1) Is that o.k having copies only or we should have originals? If we do not
    have originals what bad may happen?

    2) Either my lawyer or I have not received any of my receipts but we
    received all receipts of my family. Is this normal? How long should we wait
    for my receipts before contacting USCIS? By the way USCIS already gave
    me my all numbers for teh receipts and according to USCIS my receipts
    already mailed on Sept 14th. What would be advisable action for me in
    this case?

    3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?

    Thanks.

    - BharatPremi
    1) For our point of view, only RN number should be okay-this gives us liverage to track and see updates on your filings. Frankly, I never bothered even that as I received FP notices before RN from attorney and FP notices carry RN numbers.

    2) Question is should we send the 'Stamped Original FP notice' after finger printing to attorney instead of copies? (As this is a kind of document with proof of FP having done and this is our copy). My attorney asked me for original FP notices -stamped by FBI after FP-I would rather send copies and keep original with me.
    Please, let me your thoughts on this
    thanks



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  • GCaspirations
    10-02 11:53 AM
    Can one apply for Social Security # after getting EAD card ?

    Once you received your EAD card, you can apply for SSN.




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  • cinqsit
    10-07 08:32 PM
    Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.

    As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
    "1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
    "1-A. If Yes, enter the previous filing date"
    "2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"


    Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date



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  • morchu
    05-21 12:45 AM
    H1 doesn't get invalidated on a 485 rejection, even if it was approved beyond 6 year based on the pending 485. You just may not be eligible for another extension.

    if your I485 is denied, all applications/extensions based on your Adjustment of Status also expire.




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  • cgs
    11-21 09:19 AM
    just sent a mail to cbs.



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  • Hermione
    10-02 12:34 PM
    My wife has a non-working SSN. Will she need to convert it (or apply for a new SSN) to working SSN once she starts working persuant to EAD?

    Do you mean ITIN or an SSN with a statement underneath? If it is ITIN, then she would need to apply for the real SSN. If it has the statement 'Not valid for employement' then she may get one, too, it would read 'Valid for employment with USCIS authorization'.




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  • abhijitp
    01-25 01:35 PM
    Volunteers all over the country are helping this effort outside of a local train station in SF Bay area, and members who live within 2 miles of the train station don't even read their mails!

    Thanks Janislal and Kicca.
    Together, we will make the admin fixes HAPPEN!



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  • saileshdude
    06-25 11:00 AM
    You could argue that you don't need to have a job now, just that you need to be in a "same or similar"position when the 485 is approved. if your priority date is very backlogged, you have lots of time to find a job.


    Would this kind of RFE response be acceptable ? If the RFE asks for employment letter and you send a response that you dont have a job and also that you are not required to have one until your Priority date becomes current, I think your AOS can be denied. Based on the memo you can argue that but I am not sure if anyone has actually done this and their AOS has continued to be processed.

    Please elaborate if you can on this.




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  • honge_kamyaab
    11-16 09:11 AM
    Power of internet, thanks for all the input.

    That is right my previous I-94 has expired and I should get the latest I-94 as part of new I-797. My US multiple visa expired last August.

    My question is thoroughly answered that I could use the "Automatic revalidation rule" to come back into US using my I-94 and I-797.

    One more question to the folks who became Canadian PRs. When I exit out
    of US can they force me to give up I-94 as I am landing as Canadian PR. In others words,
    can they override "Automatic revalidation rule" in this case.
    Part of me says they are two different teams one working for US to track I-94
    and the other looking for Canadian PR so they can never rationalize this. If they talk then that could be an issue. Isn't that right?



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  • need4gc
    09-10 11:08 AM
    Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.




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  • guygeek007
    07-22 08:41 PM
    Can a senior member kindly address these questions posted for the last couple days. A quick response will be highly appreciated.




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  • BPforGC
    01-07 02:54 PM
    NO co-sponsors. This bill is going nowhere, even though I will jump with joy if it is passed. DV has no relevance right now and the country is diverse enough. Good idea to eliminate DV and add that to EB, but not going to happen. This congress is going to be a crab jar, one climbing up and others pulling down... nothing will get done.




    santb1975
    02-15 11:45 AM
    After a friendly bump to No.Cal




    gondalguru
    07-08 10:47 PM
    i have heard in the past that you can move jobs in the same area, but never gone into the specifics....
    my attorney does a lot of this stuff, you can get a free consultation.
    pm me if interested.

    btw it;s a good question for iv-physicians, are you part of that group? see my signature.

    I have requested the membership for iv physician group for quite sometime but it is still not approved. I don't know what the problem might be.

    I will pm you regarding NIW thing



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