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  • GC_Applicant
    07-31 01:54 PM
    Is your approved PERM (I-140/I-485 applied based on that PERM) and your earlier LC (in BEC) are from the same employer??




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  • bibs
    05-11 02:45 AM
    Thanks Morchu.
    I will go ahead and will apply EAD with $180/ as filing fee.




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  • augustus
    05-12 02:59 PM
    Well, his job responsibilities are now more than before. I am not sure if this new position requires a masters degree.

    It is the same employer but just a different job. The lawyer we have is always scared. We tried to do EB 2 about 2 years ago, she filed everything but retrieved the whole process when she felt we may have an RFE.

    I don't know. I am so confused.




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  • MunnaBhai
    08-10 05:07 PM
    This dude will never reply back. I am sure



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  • neerajkandhari
    06-04 10:22 AM
    You really need to ask that question of a tax or employment law expert. It's not an immigration issue so it's not my area of expertise.

    My I 140 was approved in Aug 2007
    I have a 485 pending
    Do i need to be in working for all the years till i get a green card
    I will be able to provide a job offer letter in the same position in which my green card was sponsered with same or higher salary
    Will it be enough to get my 485 approved ?

    Your Advice will be appreciated




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  • kerstbrd
    07-04 06:16 PM
    I am from Bosnia, so yes I guess it's ROW (rest of the world).
    I whish you all the best resolution of this crisis. Trully. I really feel your pain and the pain of many of my friends who are affected by this.
    I know when I first came on this site, it was devastating to read about so much negative stuff, so many cases in a limbo for years. I wanted to read som positive stories too. So, I hope that cases like mine give some people hope.

    Thanks for the positive update.



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  • MYGCBY2010
    07-27 02:33 PM
    Hi All,
    Has anybody used this Freedom of Information Act to obtain the information. I was going over the Form G-639 and it looks like they are asking for couple of information which I don't have and I am not sure if my employer will provide (Thats the sole reason why I want to use this act).The form is asking for the Alien Registration # and Petition #. I dont have them. Also for the information needed to search what needs to be mentioned if I need to get a copy of my Labour certification (Not sure If I could get that ) and my I-140 related documents say (Receipt Notice/Approval Notice). Any advise/input on this is highly appreciated.

    Thanks.




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  • lfadgyas
    01-13 09:42 AM
    Assuming (but hope not) you will be laid off:

    1) If I get laid off and my employer cancels the h1b, Am i out of status?

    No. First of all your employer will not cancel your H1b � i.e. as far as I know they do not have to report this. Of course as of your employment is terminated your H1B is useless since it is connected to the old employer. So in a simple way you can not use it for new employment (unless you find other employers willing to help you transfer your H1B � it is possible but probably hard to find one at this time, and I guess you need to initiate this while you are still employed�-not sure)

    As far as your immigration status: since your i485 is pending you are not out of status. Unfortunately you are in an inconvenient status � if between jobs they ask for Employment verification or some other stuff and you can not proof that
    i) you are working for your sponsoring company OR
    ii) working for an other one (certain rules here see EAD/AC21 topics ) OR
    iii) have an offer letter for some company who willing to employ you when you receive your CG
    well, then you will have issues�

    2) Can they cancel my approved i 140?

    I believe: no they can not. They can of course report that there was some fraud and you misused them to get a GC and so on � and this case i140 will be revoked. But why would they do this? If this is a layoff situation they will not care about your h1b/labor certification � whatever. They �costsaving� and they let you go � any other thing will incur extra cost for them�

    But before you go: try to get the approval letter from the company (and ALL other documents they might hold regarding your case, Copies etc.).

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?

    Not sure � as I mentioned before you are not out of status (until your application is pending) so in theory you can be here without a job and use your savings till you run out cash or they will request some evidence about your employment�
    So in practice you need to find a job as soon as you could. If you have valid EAD it should not be an (immigration) issue.

    So here it is:
    -Collect your immigration papers;
    -Check your EAD exp date! If it is close (120days) try to renew it with your old company right know!
    -Check your AP exp date if you have one and renew it while you are employed/ apply for one if you do not have it.
    -Search for a job: make sure you go by the AC21 rules (need to be same or similar job etc ).
    -If you are the primary applicant do not apply for unemployment benefits (Could be that you can and will receive some benefits � but somewhere I�ve seen this warning)
    -If you move: report your new address!



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  • Saralayar
    05-14 06:28 PM
    Hello friends,
    On May 01,2009 my wife's I-485 status changed online that they requested additinal evidence. I have not received RFE letter as of now and also I am touch base with my attorney, my attorney's office also not received RFE letter. Please advice me what steps I have to take in this regard.
    Please provide all your GC personal details in IV so that you will get better answers.




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  • crazyghoda
    02-23 06:36 PM
    Its really bad out there.... take it from someone who was just laid off. It took me around 2 months to get a new job and that too at a lower salary and in a neighboring city where I am now faced with a 2 hour commute each way. So no, its definitely not as rosy as you think.

    That being said, if you are good at what you do you will find a job. It may take a while but if you are truly good then you will be ok. I completely understand the need to maintain salary levels to ensure career progression. That was the main reason I left my original GC sponsoring employer who while being great with everything else, just wasnt a good enough paymaster and that led folks to believe I wasnt really that good when I would mention the work I was doing. In hindsight, I wouldnt have had to scramble like this if I had stuck it out at my old place. But c'est la vie.

    As some folks mentioned, try and get a feel of the market. Attend as many face to face interviews as you can and refine yourself as you go along. And dont accept anything in haste. A good thing is that a lot of recruiters told me that when the market gets better all the folks who were forced to take paycuts will easily be able to justify the lower salaries they were forced into accepting at that time. So, even if you do have to take a paycut, it wont hurt you for long as long as you change jobs when the market gets better.

    Good luck!



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  • nlssubbu
    12-05 03:22 PM
    Hi,
    I have my AP approved and H1B approved until 2010 but have an expired H1B Visa and I plan to extend my H1B visa some time next year.


    I am planning on some business trips and would like to re-enter US multiple times using my Advance parole. Any issues with this?

    Once I re enter using AP, can I go back to India and apply for H1B visa extension based on the approved H1B.


    Appreciate your responses on this.

    Thanks,
    Bitz

    Multiple entry AP allow you to enter many times. You will get 3 copies, of which 1 will be retained by the Airlines, 2nd at the POE, 3rd after stamping back to you by the Officer. You can use the 3rd one for the subsequent trips and do not hand it over to anyone. (Request the Airlines and Officer to take copies of it, if they want).

    If you have time and money during your trip back home, you may get your H1 visa stamp, but it is not necessary.

    Thanks




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  • rb_248
    03-30 11:02 AM
    If he is ROW EB2 he will get his greencard soon. I485 processing times are reduced to 4 months average per USCIS Director.

    A former colleague of mine from B'Desh got his GC in 14 weeks.

    ROW EB2 are talking in terms of weeks, not even months. We, on the other hand are talking in terms of decades, not even years.



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  • immilaw
    09-27 09:00 AM
    Hello,

    I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...

    Ask the lawyer to give you a copy of the RFE.




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  • ujjvalkoul
    08-10 05:14 PM
    Un-freakin'-believable......................



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  • Domino
    04-25 12:12 PM
    I actually did chose the safe option and was approved for the O-1 for 3-years. Hopefully during that time something will happen to help me in the future (like a University Teaching position, or at least proving additionally valuable to the US, etc.)
    So, for now resting from all that..




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  • whattodo21
    05-03 10:24 AM
    Right.

    But Mr Gutierrez thinks otherwise. Hispanic Democrats know very well that if Legals get any reprieve, then the fate of undocumented provisions is for sure dead. That's why all legal provisions have been held hostage.

    Unfortunately, legal immigration doesnot have any representation in the senate to work for our interests.

    Suprisingly, majority of the Americans favor legal immigration over undocumented, and any legal provisions will have public support. A few senators are playing dirty politics and holding thousands of legalites ransom. If CIR fails, I would hope/pray these Hispanic Democrats don't get elected in mid-term so that we can move forward

    catch 22 both ways! One way or the other we are joined at the hip to the Hispanic community.



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  • thamizhan
    07-17 10:15 PM
    http://www.washingtonpost.com/wp-dyn/content/article/2007/07/17/AR2007071701582.html




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  • gopi246
    03-20 02:43 PM
    IMHO: That's not how it works. SSA doesn't contact USCIS, it actually searches a simple Database which has I-94 number and work status. When you change the status in US, USCIS updates the status associated with your I-94 as "eligible to work". Similarly after obtaining the first I-94 on H1B at POE, ICE updates the status as eligible to work. In each case it is done automatically by using machine readable I-94 numbers through OCR. These updates generally take a week or two.
    If for some reason SSA can't find you information, only reason I see is the I-94 number that they entered came back with "No Match" meaning not eligible to work. Since everything else is automated the only manual entry is at SSA, if I were you I would check that first. The only other thing that could go wrong is ICE failed to update your status for some reason after your first entry. If this doesn't get resolved contact you congressmen immediately for hardship because of no pay checks. They might be able to resolve this bureaucratic logjam faster than you.

    Hope this helps. Good Luck.

    Thanks a lot. Your inputs are very informative. I will try it out again. Thank you once again.




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  • nozerd
    01-28 07:25 PM
    Yes, same thing happened to me also. My nephew who applied got OCI but when I applied for my daughter the application was rejected and sent back. I then got PIO.
    Per the rules to get OCI at least 1 of the parents nationality has to be non Indian. The logic is that if both parents are Indians even if kid is born in US and travels on US passport as kid they have until the age of 18 to choose.




    abracadabra102
    12-19 11:29 AM
    My Friend, My Friend' Friend and Friend.. and the story goes on. I am sure you Friend has access to net and can express himself... ask him to post here and I am sure he will get ton's of first hand advise..

    I second this post. Your "friend" should learn to fend for him/herself and post directly here.




    seahawks
    06-10 01:27 AM
    http://www.murthy.com/news/UDisster.html

    It is possible but I don't know the time line.



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