الجمعة، 24 يونيو 2011

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  • LloydsApple
    11-11 10:20 AM
    hey all i can't find where to post a new thread so hopefully I can hijack this quick.

    I called the USCIS number for info but can't speak to an operator.

    My wife is planning on traveling to hawaii in december. She will have her drivers license by then. She has her I-485, I-130, I-765 and some other M109109 (whatever that is).

    she wants to know if its ok for her to travel to hawaii (from florida). it's in the united states so i can't imagine there being an issue. she will be traveling to ohio later that month and to me its the same thing. I'm just trying to get the opinion from someone who would know for sure.

    thanks for any help!




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  • innervoice
    01-10 05:57 PM
    My son I-485 application got rejected in Sept 07 and the I resubmitted the application in Oct 07 with correct fees, Check got cleared in Dec 07 and received FP notice with appointment due date in Jan 08, but haven't got my I-485 receipt yet, I talked to customer service and she said it showing the application is rejected on Sep 07, and she will made further inquiry and let me know through email. This thing really scared me, Can someone please shed on light on this.




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  • cram
    03-08 11:44 PM
    What does this mean for EB-3 Philippines?




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  • Dhundhun
    03-30 12:42 AM
    Read AVR rules.

    http://www.ohr.wisc.edu/IFSS/AutomaticVisaRevalidation.htm
    http://travel.state.gov/visa/laws/telegrams/telegrams_1441.html

    Once request for Visa is made, AVR is not applicable. You have to go to home country and try for Visa.



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  • met3259
    10-10 04:32 PM
    Once you get your GC, you can do what you want when you want. You can work anywhere. Your consulting company nor any company has the right to hold you on any contract whatsoever, unless ofcourse your client has non competitive contract that prohibits you from joining them.

    For naturalization, it does not matter whatsoever. You can say that you were offered a better position that matched your skill set and experience and hence you ("on your own free will") joined another company. And hey, congrats. Worry not. U R much better off. Love your job, not the company!!! And you can work 2 jobs that are not even related. No one cares -

    I also just got GC

    I think that in this case this person can "move on". HOWEVER - I would retain STRONG DOCUMENTATION that this is not your choice and that the consulting firm is letting you go!

    We need to understand this as a group and my attorney tells me that: I am being brought into this country to do this job - I can not simply leave the next day after getting GC on my own accord (unless in very similar job -- as in this case); BUT this is a grey area where we must spend "some" amount of time in the job we are being brought in for -- six months? 9 months? 1 yr?

    My attorney has indicated 6-9 months is reasonable to move on to something completly new (as I have been doing this job for 6.8 years and am tired of it).

    Help anyone???????




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  • gc_on_demand
    06-02 06:30 PM
    http://news.yahoo.com/s/usnw/20080602/pl_usnw/u_s__department_of_labor_auditing_all_permanent_la bor_certification_applications_filed_by_major_immi gration_law_firm

    It is also on DOL website and immigration-law firm site.



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  • eb3retro
    09-12 03:40 PM
    Not in the system yet, and no checks cashed.

    Submitted: June 30, 2007
    Reached USCIS: July 2nd, 2007
    Signed for by: J.Barrett @ 10:25 AM

    I have no clue as to what is going on here ...worrying indeed.

    welcome to IV. Please join IV in the DC rally.




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  • das0
    06-22 12:33 AM
    Hi,

    Can you pls help:

    My wife is currently on H4.
    She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.

    Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.

    Questions are:

    1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?

    2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?

    I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".

    Please advise and help - thanks in advance.



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  • Dipika
    08-04 09:07 AM
    Signature is updated.




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  • jags_e
    08-30 02:58 PM
    There is a main article on the reverse brain drain in EE Times and it mentions the IV's September 18 rally too.
    The link is http://www.eetimes.com/news/latest/showArticle.jhtml;jsessionid=314X3PTACJUWMQSNDLOSK HSCJUNN2JVN;?articleID=201802703

    EE Times: Latest News
    Green-card red tape sends valuable engineers packing
    Disenchanted with life in immigration limbo, San Antonio resident Praveen Arumbakkam is abandoning his American dream and returning to his native India.
    A senior programmer at a fast-growing IT company, Arumbakkam volunteered for the Red Cross in Texas after Hurricane Katrina hit in 2005. He worked on disaster recovery management software to locate displaced persons, track donations and organize aid distribution.

    He had hoped to start a nonprofit disaster recovery management solutions company in the United States, but now he's decided he doesn't want to wait any longer for his green card.

    When professionals such as Arumbakkam give up on the States, it creates serious economic consequences, said Vivek Wadhwa, lead author of a study on the subject released last week.

    "We've set the stage here for a massive reverse brain drain," said Wadhwa, Wertheim Fellow at Harvard Law School's Labor and Worklife Program.

    By the end of fiscal 2006, half a million foreign nationals living in the U.S. were waiting for employment-based green cards, according to the study, released by the nonprofit Kauffman Foundation. Titled "Intellectual Property, the Immigration Backlog, and a Reverse Brain-Drain," the study was based on research by Duke, Harvard and New York University. If spouses and children are included, the number exceeds 1 million.

    The study looked at the three main types of employment-based green cards, which cover skill-based immigrants and their immediate families. Including pros- pective immigrants awaiting U.S. legal permanent resident status but living abroad, the numbers hit almost 600,000 in the first group and almost 1.2 million in the second.

    The number of available green cards in the three categories totals approximately 120,000. "If there are over a million persons in line for 120,000 visas a year, then we have already mortgaged almost nine years' worth of employment visas," said study author Guillermina Jasso, an NYU sociology professor.

    The report also notes that foreign nationals were listed as inventors or co-inventors on 25.6 percent of the international-patent app-lications filed from the United States in 2006, up from 7.6 percent in 1998.

    U.S. companies bring in many highly skilled foreigners on temporary visas and train them in U.S. business practices, noted Wadhwa, an executive in residence at Duke University's Pratt School of Engineering. Those workers are then forced to leave, and "they become our competitors. That's as stupid as it gets," he said. "How can this country be so dumb as to bring people in on temporary visas, train them in our way of doing business and then send them back to compete with us?"

    Many in the engineering profession argue that American tech employers take advantage of the work visa system for their own benefit. They state that though there is plenty of American engineering talent available, employers use the programs to hire cheaper foreign labor.

    And others counter the concern that large numbers of foreign residents will depart America. Most immigrants who have waited years for green cards will remain firm in their resolve, given the time and effort they have already invested, believes Norm Matloff, a computer science professor at the University of California at Davis. "People are here because they want to be here," he said. "They place a high value on immigrating."

    But while Arumbakkam wants to be here, he has had enough of waiting. And his story is typical of those foreign-born tech professionals who return home.

    In July 2001, the then 27-year-old Arumbakkam arrived on a student visa to get his master's in information technology at Clarkson University in Potsdam, New York. He has a bachelor's degree from the highly ranked University of Madras in southern India.

    Arumbakkam said he "pretty much loved the society and the infrastructure for advanced education" in the States. In the post-Sept. 11 climate toward foreigners, however, he found it difficult to get work. After sending out countless resumes, he took an internship in Baltimore, followed by a job in Michigan.

    That post didn't bring him any closer to his goal of permanent residency, however. He next took a job in San Antonio and insisted his employer secure him a green card. About that time, the government established an "application backlog elimination" center. "My application went straight into this chasm. I don't know what happened after that," he said. "That was pretty much a blow."

    In 2005, he landed his current job, where he's happy with the work environment and the salary. His employer applied for a green card when the government rolled out an online system that was supposed to streamline the process.

    But since then, with two applications in the works, Arumbakkam has been waiting-and waiting. In the meantime, his work status can't change, meaning no pay raises or promotions.
    Page 2 of 2


    Arumbakkam knows plenty of others in the same boat. In early 2006, he ran across Immigration Voice, a nonprofit national group that supports changes in immigration law affecting highly skilled workers. The 22,000-member organization includes professionals in a wide range of fields, from engineers and doctors to architects. Many have families, and all are stuck in the legal process.
    "I heard horror stories," said Arumbakkam. One is the tale of a quality assurance engineer employed by a midsized consulting firm in Oklahoma working with Fortune 50 companies. The Indian engineer was hired at a salary that was 30 percent lower than he expected. This was in exchange for the promise that his employer would file a green card application. He was told the money would go to attorneys' fees.

    For four years, the engineer asked about his application and was repeatedly told it was coming along. The employer blamed the slow progress on the law firm. In fact, the employer had never filed the application. Finally, the engineer found other work and restarted his efforts to obtain permanent residence.

    In another case, a senior strategic projects manager who has an engineering background and is working for a Fortune 100 company has been waiting 13 years for his green card, Arumbakkam said.

    That manager, also Indian, applied for permanent residency in Canada at the same time he applied for it in the States. After 18 months, Canada offered it to him and his family. His wife and children moved to Vancouver, B.C., where he visits regularly while waiting for a change in his U.S. residency status.

    Indians in the United States often have too much trust in their employers and lack knowledge of resources that could help them understand their immigration options, Arumbakkam said. He plans to attend an Immigration Voice rally in Washington on Sept. 18 to urge congressional action on immigration.

    But he isn't optimistic. "I just feel that I'm getting pushed further down as far as my career is concerned," he said.

    ...................



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  • krishna_brc
    07-06 11:18 AM
    I just received this RFE on my spouse's I-485 application. It states that while the applicant's name is spelt **i**** on the application it is spelt **ee**** on the birth and marriage registration certificate. The RFE states that they require some sort of document to show that name was officially changed. In a following note the RFE states that the document (I would assume the green card) that the USCIS will issue will be issued in the name on the birth certificate instead of on I-485 application if sufficient proof of registration of name change is not provided. Only a copy of the passport will not be treated as sufficient proof and supporting documentation that the name was registered with authority has to be provided for the USCIS to accept the name change.

    Did anyone face this type of issue. What did you do. Any information would be appreciated as I have no clue about how to deal with this. I will ofcourse consult a lawyer at the beginning of next week but would like some advice.

    Not to panic. As said by "trump_gc" prepare an affidavit explaining the correct name and ask the attorney to send an amendment request on 485 if name has to be changed along with all supporting documents and explaining the current situation.

    Also please let us know your Priority Date and Receipt Date of I-485 and service center, this helps members of IV understand what PD and RD currently uscis is reviewing.

    Thanks,
    Krishna




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  • asanghi
    03-23 02:37 PM
    I live in South Bay. Please let me know how can I help?

    THanks



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  • Gravitation
    09-11 10:05 AM
    If you are on H1B status your employer has to cancel your visa once they lay you off. You need to transfer your H1 before they cancel it, otherwise you will be out of status.

    This is a common misconception. You can extend your H1B even if the previous one has been canceled. The only time you cannot transfer H1B visa (and have to apply for new one) is when you went out of US for over one year. Check out the H1B faq on immigration.com.




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  • India76
    07-16 04:58 PM
    I am also in same situation. My lawyer told me that he will file our application seperately without including each other as dependant. This doessn't make sense..... any input from others?



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  • ek_akela
    09-11 10:34 AM
    Is there some clause where you need to be on a constant payroll once you apply 485..One of my friend who recently got laid off and thinks it might take him another couple of months to find a decent project..and during that time he won't be paid




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  • looneytunezez
    04-24 01:58 PM
    "date of actual move"

    Thanks,
    LT



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  • mhathi
    03-20 12:14 PM
    What EndlessWait meant was, more the number of employees in a small company, the chances of RFE with ability to pay will be higher...

    Overall true, just one clarification... More the number of employees that have applied for a GC, chances of RFE are higher.

    Am I correct?




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  • snhn
    10-23 05:09 PM
    Hello all,

    is it normal for someone to get their EAD approved before the AP. I just got my EAD approved yesterday and my wife got hers approved today. However, out AP applications are not approved yet.

    I have some co workers who got their EAD and AP approved on the same day.

    so just wondering if there could be something wrong or is this normal.

    Our cases are in Texas.

    Thanks!




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  • vxg
    07-27 03:10 PM
    Thanks. I will ask my employer if they can provide me one.
    My employer has sent me a copy of I-140 approval and i got a letter from Dallas BEC stating my labor was approved.




    transpass
    07-13 11:53 AM
    Thanks for all who replied...

    Did anyone travel to India, by landing at Delhi Intl airport, and then proceeding to other destination city through a domestic airline?

    Never been to Delhi, and I have no idea how Intl and domestic travel works in tandem...

    Thanks




    immigrant-in-law
    04-24 08:50 AM
    The same happened in my case. Got informed by the lawyer yesterday that my wife's 485 has an RFE and that USCIS has asked for a copy of marriage cert and some pictures of the ceremony/celebrations etc. I do remember sending them this stuff when we initially filed 485.

    My lawyer just informed me that I received an RFE on my wife's 485
    USCIS is asking for "Memorandum of marriage"
    Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.

    Why do they need this additional proof Not sure. Has anyone faced this RFE?
    Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
    I have been given just four weeks to respond.



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