Tuesday, June 7, 2011

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  • WeShallOvercome
    07-26 12:29 PM
    I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.

    1) Is it safe to change one's residence(different state) ?

    2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.

    Thanks


    It is advisable not to move until you get fingerprinting notice.

    The reason is that you can't update your address before you get receipt notice and FP notice comes very shortly after you get receipt notice. You may or may not get your address updated in time to get FP notice at your new address. Given the workload at the USCIS at this time, try to make things as simple as you can.




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  • milind70
    04-27 06:05 PM
    Thank you amslonewolf but i already had this one with me. At Mandal Revenue office(MRO) people are not accepting this format.

    If there is any other formatt that will be great to me. Once again thanks for you help on this..

    I think I had a birth certificate in native language(devangiri) and it had no name since I was named in a naming ceremony as per the customs and culture. I spoke to my attorney about this.She advised me that i get the BC transalated to english and for no name get affidavites by two people saying that the birth certificate was indeed me and i was named later as per customs and culture.I got affidavtes sworn by my mother and father.
    Also I dont think that you should have names of both father and mother in BC . ninety pecenty of Birth Certificates issued in India only have fathers name on it.
    This is my expereince but i would suggest please consult an attorney.




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  • cmphr
    03-29 02:06 PM
    My friend's PERM got approved in 5 days in Dec '09. His I-140 got approved in 3 weeks in March '10. This could be an exceptional case as I have not seen any other such approvals..




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  • TexDBoy
    09-10 09:32 PM
    I think it is better to file a H1B amendment if there is any issue in the application ... You could get I797A
    and ... It is always least riskier to go to the consulate mentioned in the H1B application ...



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  • learning01
    05-11 01:03 PM
    Audio Link (http://www.npr.org/templates/rundowns/rundown.php?prgId=3) on Internet and Click on Listen.
    A while ago, it used to be that the stream was cut off after one hour. Off late, I am not listening. Also check your local public radio. In CO it is www.cpr.org

    For funding reasons, NPR has veered away from its middle of the road position in the last 5 years. Thus, in my view, it lost neutrality and my listenership.

    can we listen to this program online?




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  • CrazyWorld
    08-04 05:58 PM
    I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

    Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

    Thanks,

    India EB2; PD - Nov 05
    I-140 - Filed Mar '06; Approved Jun '06
    I-485 - Reached NSC July 26'07;



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  • paskal
    11-10 06:32 PM
    to everyone willing to contribute to the efforts
    please hold on, i will get back to you once the structure of the new work groups is finalized. remember to complete your profile!




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  • bkam
    01-31 03:15 AM
    Dear "colleagues in faith" :-), there is only one way to change the things with this immigration trap - we have to win the public opinion!

    Currently 350,000 highly qualified professionals working for this country are in a legal limbo which continues for years. Our current legal status is that of slaves. Yes, slaves! Nowadays it takes anywhere between 5 - 10 years from applying to receiving of a GC. We cannot change our employers within this period, the members of our families cannot work (at least legally) and our spouses lose their professional carrier; if our kids get in college they are treated as "aliens" (full tuition, no student loans, no scholarship); the loans we get are with higher interest rate (for "protection"); at the borders we are treated as "intruders" etc.

    The average Americans are honest hardworking people. If they are aware of the immigration problems faced by 350,000 hardworking professionals in this country, they will raise their voice and will help for resolving of this issue. They just need to know that. I believe that in addition to talking to senators etc., we have to find ways our issues to reach the media - newspapers, magazines and so on. An article in Times may lead to a lot of positive changes in the immigration system.



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  • roseball
    03-29 04:15 PM
    How long the process took before filing? How much time for PWD alone?

    It took almost 6 months.....But typically it only requires around 3-4 months (considering PWD response in 1-2 weeks)....My PWD was filed in the first week of Jan and it took about 3 weeks to get a response back it seems, though I am not aware of the exact dates as I was not involved in this whole process. I only came to know about it due to my frequent emails to my manager and attorney asking for status..:-)......Mine is a large corporation (400k+ employees) so things move really slow process wise....I felt from start to filing of PERM, it should take about 4 months max...But it really depends on the number of resumes received and the time taken to screen them....If candidates are found who have to be interviewed, it could take a little more time....




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  • abhishek101
    05-21 10:32 PM
    Nope the GC came even before I could think about any call.


    lvinaykumar: My PD is March 2003 (from my profile)



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  • bekugc
    12-11 08:00 PM
    as for Mohits qn. i agree with pragirs' answer.

    during AC21, if new job description is similar to orig LC thing, and if the new cmpany can put that on paper in offer or empl letter, this shud be enuf... a colleague of mine, who was a developer had his LC as a programmer, after 485 apply/180days/Ead etc, he lost his client and my company waited for 3 weeks & laid him off...he used ac21 and joined a small company, who gave him a QA job, but on paper it was put exactly as what orig LC said. in the july flood, he got his GC, no qns asked.

    as for difference in salary, i remember in one of the free teleconf calls done by a prominent attorney , he said if u move from one geographic loc to another, then diff in stds of living etc will allow for same job desc to have pretty diff salary ranges. but if u chg in same geography and have significantly diff salary, it may raise eyebrow...but again what significant means is Gray...




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  • chanduv23
    03-15 02:11 PM
    You meant, getting residency on h1b is extremely 'difficult' in recent times? Anyways, if your wife has once got a residency on H1, getting a fellowship on H1 should not be that difficult. Hospitals are much easier on physicians that are already on a H1 status...its the same as its the case with IT employers...once on a H1, its easier to move around on a H1..

    Just like my wife, your wife too now has sufficent H1 years to get through both residency and fellowship, I guess, so running out of time is not a problem either.

    Only thing, people like you and me need to worry about is what if the residency is pursued at a non-profit (quota exempt H1) and wife decides to pursue fellowship at a for-profit (quota H1).

    In that scenerio, fellowship on a H1 might be a bit of a problem...

    I suggest, if your wife has already started residency on H1, avoid thinking of getting onto a J1 ever.

    You will unnecessarily complicate her immigration profile...

    Well Mihir, I was not talking about getting back to J1, but just correlating his experience on j1 with a possible scenerio on h1b and wanted to know if people do fellowships on h1b. I have not come across any, but have come across J1 fellowship candidates, so I was wondering that maybe it is actually difficult to get it on h1b. Anyways, I will find out as we have already started to enquire about fellowships on h1b.



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  • techbuyer77
    06-20 03:18 PM
    if they revoke the petition after 180 days that you filed i-485 nothing will happen you can invoke ac21, if before you can not




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  • GCcomesoon
    03-14 01:20 PM
    Hi

    Are there any updates to the Bill that is being discussed right now ? I mean we have updates saying that they are discussing illegal immigration, border security, etc. I guess all of us are waiting to see & hear if something about us is getting discussed there. Something which would benefit our own community.

    Please don't get me wrong, but many people hopefully look at the posts everyday thinking that there might be an update which might benefit thier case.I would urge & request someone from core members to give continuous updates.That would also eliminate lot of doubts especially amongst groups who are not very clear on the immigration voice activities.

    Thanks
    GCcomesoon



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  • nk2006
    04-17 03:36 PM
    As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!

    I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
    The contract is rather stringent � working for 5 years after getting the greencard and not able to work in same industry??? You are right it may not even legal � and may not stand in any court.

    Having said that, I can say that it is very common in IT industry to make the visa candidates sign a contract. Generally these contracts ask you to work for the employer for at least 2 years �after� getting the green card; and if you leave before 2 years then you have to pay all the legal charges that employer incurred for the GC processing. Many employers require this before starting the process � but I heard many big companies don�t really enforce this. Also there are other couple workarounds: the contract (even in your case) says �after� getting the GC, so if you are eligible to apply for 485 then sign the contract and apply for 485; after six months you can use AC21 and leave the employer � technically you havn�t yet got the GC card and so the contract is not violated. I know a couple friends did this exactly in our company.

    If you are not yet eligible to apply for 485 (retrogressed country) then try to collect some documents like a copy of your approved I140 and if possible a copy of approved labor (this may not be required). Then find a new job now and transfer your H1B there; during transfer ask for three years extension based on your approved I140+not able to apply for 485 status. With new employer start fresh PERM+I140. If you have copies of I140 you might be able to get you priority date too. I know there are lot of ifs and buts here but I think this is the best case scenario for you especially if you don�t like your present job (Disclaimer: I am not a lawyer).




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  • sac-r-ten
    01-30 10:30 AM
    Sorry to hear about your cases. I can understand how the feeling would be right now. I had applied for my 1st H1B renewal and was just crossing my fingers and praying since i have a denied I-140 (Education issue, MTR opened for last 3 months).
    Luckily my H1B renewal got approved on 1/27/09, in just 20days after recieved date(1/7/09) Ironically i had similar documents sent for my original I-140, the MTR and the H1B renewal. So we can imagine how it works in USCIS.

    BTW, TwinkleM, gr8 job in helping the fellow IVian.



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  • gotgc?
    08-06 11:27 AM
    Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.

    What can we do about this? It is way outside the processing time. My lawyer submitted an inquiry to USCIS in Jan 07. In Feb 07, they came back and said it requires an additional review. No updates since then except an LUD update last week with 07/28/07. When I spoke to my lawyer, she said she can file another inquiry in august..because she says we have to wait for 6 months before we file another inquiry..

    Just curious, whether you are doing anything different to follow up on this case...?




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  • gcisadawg
    08-11 04:14 PM
    bump

    done. EB3-I Oct 2003




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  • reddysn
    06-07 07:34 PM
    This has been discussed umpteen times , about the effective date stuff.. Look at archieve threads and keep visiting IV ...




    ajcates
    10-13 10:33 AM
    oh.




    lusuresh
    07-17 09:27 AM
    I am also in somewhat same situation. My Employer didnot pay me for one month and didnot provide paystubs for 4 months. ANy way I sucessfully joined a large corporation as they were willing to listen to my situation. When I ask for pay they say they will suit me as I have joined the client.



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