Friday, June 24, 2011

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  • knowDOL
    05-19 10:26 AM
    One more thing, never disclose anything with company's attorney, they will be loyal to your employer and not you. Look for soem other attorney.




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  • vallabhu
    11-13 04:21 PM
    I receive a confirmation for Address change after submitting online form and which I received some where around that time.

    My EAD and Advance Payrole are approved but I did not receive Adv Payroll yet, waiting on it for 15 days.




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  • gc_bulgaria
    02-12 02:47 PM
    I would think Cross-Charegeability is automatic. I mean if one spouse is birth country India/China and one is ROW, I would think cross charegeability is automatic but then again not a 100% sure.

    Oh no - Its not automatic. You would think there would be a better way than write on cover sheet in BOLD but even though its in their own law, it is not easy to get it applied (especially with TSC).




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  • chanvizgran
    03-05 08:50 PM
    My wife got RFE on her pending 485 case. But that document is gone to old address. Some how address didn't get updated on my wife's file. Now problem is we r plannng to goto india on mar 13th and she is returning back in jun. Can i ask USCIS to send it agian that document and how many days they will give for reply back. Please advice.



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  • CADude
    11-07 07:30 PM
    Please Read the SOP I-485 Section 6: Work Load Distribution (page 134 of 269)

    If all earlier process is completed (NC, G235A, FP, etc, etc..) then you will come to WL Distribution phase. If you Visa# is not available then files will be kept in "visa hold self" sorted by PD. It's reviewed monthly for visa# availability.

    If visa# available for your PD then file will be assigned to Adjustor.

    But to reach WL Distribution, all process haved to be completed which is done based on your Receive Date(RD). I am sure FIFO didn't followed for July 2nd filer(few filer are still waiting for RN). So for all praticle purpose read Notice date(ND) inplace of RD.




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  • imneedy
    02-04 01:33 PM
    There is no need to change to H4. asaik , that is an extra un-necessary step.
    AP should be enough.

    Well..you can fall back to H-4 if something goes wrong with 485. But if you are on AP you will have to leave the country.



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  • cvk90
    12-08 01:40 AM
    Not sure where this is going...Respond with caution folks...posting seems fishy !!




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  • nb_des
    03-17 01:33 PM
    I agree. Remember there were two backlog elimination centers and the processing from Philly center was slow. So a person with a later 2004 EB2 PD application and whose LC was cleared from Dallas must have got his GC where as someone with an earlier PD was stuck in Philly. Most of the Dallas guys got their GC around that time.

    That is so not true. Even though Dallas was faster than Philly, it only cleared labor for 2003 and earlier filers in 2005. Essentially Dallas mostly cleared only those cases in 2005 which were stuck at regional and not state level. My labor was cleared in late 2006.



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  • sheelalann
    05-21 12:55 PM
    we should sue wipro :-)




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  • GCD
    07-27 09:21 PM
    Me, Wife and I signed for Daughter on all applications(485(3)/EAD(2)/AP(3))
    We also sent signed G28 for everybody for every application( 8 total)
    It doesn't hurt to be over cautious.

    I hope we are fine.



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  • jhaalaa
    04-05 09:17 PM
    I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.
    >> Good to know that you want to stay on H1. EAD has its own advantages and disadvantages - Primary 485 applicant should avoid EAD usage unless essential.

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.
    >> Personal choice here. However, it proves that your intent was not correct. If you think you would be stuck for many years, may be you should - you know it better, because the hassle and risk is not worth the little extra money.

    Can someone please answer my questions?

    1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?
    >> You can file as many H1 transfers as possible. Ensure that you have the copies of receipt notice of the present H1 status (renewal Application pending).

    2) Should I let USCIS know that I am changing my employment?
    >> You better do inform the USCIS of your intentions (including AC21) if you want to keep the H1 visa status active. Because if you had registered all your cases (present or old past receipt notices too) at USCIS website, you would have noticed that there are recent LUDs on the first H1/? that you entered the US. Had you known this you would not have asked this question ;-)

    >> However if you go down the EAD route you may inform USCIS at a later date because they do not track how or where you use the EAD - but certain employers inform voluntarily and they would not share this with an employer. (Also remember that when you use EAD : presently it means loosing H1 permanently unless you have some time left from the 6 year limit),

    3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?
    >> You better do that for AC21. Also, try to ensure that you get the same job description - to be on the safer side and avoid the "same or similar" catch in AC21.

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer?
    >> It should be good to check the employee base and financial position of the new employer. The USCIS may deny your H1 transfer and leave you in a tough spot. It may also affect the 485 decision as success of AC21 is also dependent upon this.

    5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more?
    >> You can make more - how much more is not stated but a substantial difference can affect the successful approval of AC21.

    Hope the above helps.

    Best Wishes for all.




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  • gccube
    03-19 04:14 PM
    Its unfortunate that you have a very recent RD. I talked to an IO at NSC yesterday and i was told that they will process the case based on the order they recieved. So they go by RD. If this is true then i guess you will have to wait some more time. Because thousands of people applied I-485 between June first to July 30.

    May be this is the general process, but I know of a case with RD in June last week and PD in 2003 Mar got approved last Nov/Dec area. It is an EB3 India case.



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  • GooblyWoobly
    07-18 06:25 PM
    Wrong! Yes, you will be the new fee but then you will pay the same fee each year you renew your EAD. No fee payment only applies if you file your I-485 with the new fee structure.



    If you are not planning on using EAD and she won't either then she needs to change status to H4.


    Can someone else confirm this too? For Q2, I think you are wrong. Take this case....
    Primary is on H1, derivative on H4, both apply for AOS, primary goes on EAD (thus invalidating H1, and in turn spouse's H4). So, the spouse just has AOS receipt number, and no H4. Is she out of status? Of course not. This is a very common scenario.


    Also, for Q1, I765 is a completely different entity in the pay schedule http://www.uscis.gov/files/nativedocuments/FinalUSCISFeeSchedule052907.pdf

    So, why wouldn't I get the benefit of the higher fee if I pay that? Any source of information for you to say I will have to pay each year?




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  • amitga
    02-15 11:29 AM
    The best way to generate Revenue is to attract Advertisements on IV website. There is lot of traffic in IV from Indians and Chinese and some people from ROW.

    IV can create a job board which where employers who are willing to Hire H1B can post the jobs and pay a fraction of Fee compared to other job boards. That will increase the membership also. Also we can charge a fee from people who want to search and find Jobs.



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  • pns27
    06-28 04:34 PM
    Please don't create any new thred.. Please close it .. We already have 4 threds going with different rumers.. No need to put another one..

    My answer is - No body knows what will happen.. So just chill and enjoy..

    Hi ramus can you point to the others threads going on this subject?:o I did check other threads to put this info. In fact I don�t want create any new threads. After looking for one that is appropriate, which I did not find, I started this one. The closest one would be the �June 1st filers - receipt � which is a diffrent subject.

    This is not a rumor, this a fact and I thought I should share with all so that every one will chill, take it easy and will not stressout in anticipation of 485 approval.

    thx.




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  • reddymjm
    12-04 04:52 PM
    I am also flying to Chennai in 2 days.



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  • nozerd
    01-10 03:10 PM
    I know of 2 ppl very close to me who have been laid off. However they both already have GC.




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  • paskal
    12-20 11:10 PM
    /\/\/\/\/\/\/\/\/\/\/\/\




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  • qasleuth
    05-06 11:02 PM
    Dear IV Members,

    I know this is an immigration forum but I thought if I can get some valuable advice.

    A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.

    Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.

    This is just horrible that you had to go through such an ordeal. In my opinion: There is no need to educate anybody. If they disrespected something you believe in, then shame on them.
    If you are innocent the most important thing to remember in such a situation is giving consent to 'search'. Once you give consent then you might lose the right to fight against such an infraction. If you did not give consent and they 'forced' themselves into your apartment then it is against your fourth amendment rights. Now the next question you might want to ask yourself: Now that the incident happened, what do you want to do about it? If you do not want to spend money on a lawyer, contact your local ACLU or NAACP chapter and seek advice. You have every right to do what needs to be done to feel better after being abused. And more importantly, when you lodge a complaint (after seeking advice from ACLU guys and/or lawyer) it triggers action, hopefully those officers will get some kind of training on respecting other cultures.




    hopefulgc
    05-12 08:03 PM
    thanks gconmymind!

    IV leadership indulge us here for a min...
    if we were to be able to raise $1million somehow..
    How much would you say it improves our chances of getting the IV missions accomplished?

    If there can be some certainty & improvement of possibilities, i have feeling .. people will step forward.





    You have noble intentions and I salute your spirit but it does not make practical sense to try and raise $1M when on the other thread, we have not even touched $15K!! At least, this will not happen with a donations only campaign. If a corporate were to sponsor, thats a different thing..

    Again, I think all (ok, most!) the members would donate $2000 if there was assurance/certainty of positive outcome. A lot of people are sitting on the sidelines, hoping for a positive outcome, without contributing time and/or money.

    People, please contribute time and money towards IV to help yourselves!




    Appu
    04-02 12:40 AM
    You guys probably verified this already but -

    if you read (the intended) Sec 218D (amendment to the INA) and Sec 602 of S.2454, they do not exclude legal aliens.

    All that is required under 218D is that a person must have been in the US on or before Jan 7, 2004 and have proof of employment.

    Why shouldn't a legal nonimmigrant visa holder apply for AOS under 218D?

    What am I missing here?



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