Sunday, June 26, 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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  • 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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  • ruchigup
    08-22 03:03 PM
    I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.

    - Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.

    - If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.




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  • sush
    07-09 01:06 PM
    Mine is TSC peding since May 2006.
    Upgraded to PP on Jun 19th 2007, no updates yet.



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  • Pineapple
    11-07 10:41 AM
    My lawyer did NOT fill up I-765 again. That is not required in case of obvious typos or mistakes done by USCIS. She just wrote a letter explaining the error, attached two copies of my wife's photos, and included a copy of proof of identity. (Drivers license copy). No need to write a check, obviously. Also, the letter has to be sent to the service center which issued your EAD card.
    I has been about three weeks since the lawyer sent out the letter.. no replacement EAD card yet, but got a couple of LUDs in the past few days.. so I'm hopeful.. let us see..
    Will post when we get the EAD card, so other's in the same boat can estimate how long it takes to get EAD cards corrected. Hope his helps..




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  • ash27
    04-02 10:20 PM
    It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.

    My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.



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  • pappu
    11-25 10:10 PM
    Next year is also critical for our lobbying efforts with the new administration and going through the bill cycle all over again. For that it will be very helpful if members sign up for monthly contributions. The monthly contributions help us plan future events and lobby efforts.

    I urge all new and old non contributing members to sign up for monthly contributions to strengthen your organization.




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  • seahawks
    06-27 01:18 AM
    yes was filed by lawyer, but in his defense, I had to review all the paper work, I did not do a good job either.



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  • desi3933
    08-26 02:32 PM
    She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D

    PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...

    She can not get an H4 though... thats seen as abandoning your AOS status...

    Hope this helps...

    >> She can not get an H4 though... thats seen as abandoning your AOS status...

    Totally Incorrect.


    ________________
    Not a legal advise.




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  • ssdtm
    02-08 08:11 PM
    NCR Region

    Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
    Project Manager (10-15yrs exp) - 10-20 lakhs

    Above this level, the jobs are far and few, but some are
    Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs

    Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.


    Information based on many well placed contacts at these levels.



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  • nozerd
    11-29 03:16 PM
    The fees keep changing and should be checked on the website of your nearest Canadian Consulate/Embassy.

    Since now CAD is greater in value than USD, CAD fees will go up. Please see link below from Canadian Consulate Buffalo of various fees in US $. PLEASE SEND THE FEES LISTED HEREIN.

    http://geo.international.gc.ca/can-am/main/visas/fee_schedule_us_dollars-en.asp




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  • mihird
    07-12 10:17 AM
    This is beginning to look more and more like a organized and deliberate attempt to block people from filing for AOS.....

    Dude, the whole system is setup and organized wrongly deliberately..
    In the guise of fairness and promoting racial diversity, the system is deliberately setup so that countries that supply most labor backlog all the time....

    Phillippines for healthcare workers
    Chindia for technology workers
    Mexico for low skilled workers

    This gives businesses that employ the imported labor the opportunity to exploit the employees at will.

    There are always unused visa numbers and oversubscribed countries in the system all the time...this gives politicians the leeway to throttle immigration as they want...through the DOS bulletins...the July fiasco was just an extreme example of this practice....

    Even if a point based system is brought in, the per country fixed quotas will not go away....and thus the retrogression will continue....yes, you qualify through the point based system, but since a lot more from your country qualify too...you go the end of the line...



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  • psam
    03-09 07:31 PM
    Hopefully you get a different officer. In my case they officer stamped I-551 on passport which was valid for six months for travel purpose and 1 year for employment.

    Other online links suggest to talk with your congressperson so see if you get lucky.
    Green Card Lost in the Mail - What to do When Your Green Card is Lost in the Mail (http://immigration.about.com/od/greencards/a/GreenCard_Lost.htm)




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  • aviv
    10-01 11:46 AM
    Once your Priority date of a category is current and namechecks are cleared, it is First in first out within the country quota. At that time, earlier priority dates do not matter at all. What matters is how early you applied for your I485 (date the application was physically received by the center, and not the date a notice was sent).

    Not sure how much, but PDs do matter. My is EB2 / India /July 2003 and thimgs are moving fast. I am a TSC 2nd july filer. Got my EADs, AP, fingerprint doen, LUDs etc

    Also, they messed up my first EAD appl by putting down Country of Birth as USA so I reapplied on 9/14, checks were cashed on 9/19 and Card production ordered on 9/28. I'm no expert but looking at others in the same scanrio mine seems to be moving, maybe its because of the pirority date?



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  • sieger007
    05-18 11:13 AM
    Fake ? .......what in the blazes is fake ? Why should i be faking...? Maybe your the mr fake




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  • bkshres
    01-22 12:50 PM
    I am also in similar situation.

    I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.

    Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?

    Thanks in advance.

    BK



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  • HumHongeKamiyab
    11-15 12:46 PM
    You dont have to go for stamping. While crossing the border tell the US officer that you are going to use "Automatic Visa revalidation", and hence dont want to submit your I 94. When you come back to USA just have your I 797 (Notice of approval) ready. I have been to canada in feb this year and came back with the expired visa on my passport.

    You might want to call the US airport where you are first landing after returning back from canada, and talk to the immigration officer there..



    I got canadian greencard and running out of time to land there before my medical examination expires.

    On top of this I don't have any visa left on my h-1b and there are no dates available at American embasies in Canada during Nov and Dec to get h-1b visa stamped.

    Can I land in Canada and expect to return safe with no h-1b visa left. I am worried that my I-94 will be snatched at the border and not allowed to enter back into US.

    Please share your experiences and suggest me the safe thing to do.




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  • benbear
    11-09 09:39 AM
    Let me simplify the EB backlog equation:

    EB backlog as of Oct31 = 655K�(average lead time for FB approval)x50K/month+50KEB in Oct

    Do the simple math, we can get the following table:

    Average time for FB approval EB backlog
    5month 455K
    6month 405K
    7month 355K
    8month 305K
    9month 255K
    10month 205K


    It is safe to say notice date in Sept equal to receipting by USCIS in Sept, because at notice date, USCIS actually open your file then send receipt.

    So,from , EB receipt in Sept vs. receipt in Oct = 2:1

    150k in Sept. include both EB(100K) and FB (50K).
    (Note: assume received FB every month 50K. 50K is a reasonable assumption,
    otherwise it's no way for USCIS to approve 800K AOS a year.)

    Since EB in Sept vs. Oct is 2:1, so total EB receipting in Oct. should be 50K.

    Out of the 655k total, the key is lead time for FB approval, how many month?
    This is the key! If we assume average FB approval takes 6 month,
    then EB out of the 655k is 655K-50Kx6=355K.

    Add the 50K EB in Oct. Total EB backlog is 405K.

    Still the key is average FB approval time, any gurus has any idea.
    I am sure the time is not 12 month. If it's 12 month,
    then EB backlog= 655K-50Kx12+50K=105k. :D:D:D Which is impossible!!




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  • Dakota Newfie
    03-27 09:18 AM
    My immigration attorney said it was OK for my wife to "volunteer" as long as the work was "volunteer", i.e. something a US citizen could "volunteer" to do.
    She volunteered to work at a local library and it was a good diversion until they set a schedule for her and removed a job posting in the same library - then it became both a question of her being exploited and taking a job away from a US citizen, so she had to give it up. So, the lessen is, if it is truly volunteer work, then your spouse should be able to set his/her own schedule; if the schedule is set for him/her, then it becomes a problem.




    jonty_11
    07-05 04:41 PM
    I have got my canadian PR approval for me and my wife and have sent the passports to the Canadian Consulate in NYC for immigrant visa stamping. To get my PR card I have to land in Canada before Dec 19, 2007 when the visa expires.

    I have not traveled outside the US after I got my H1B and am planning to go to Canada for stamping H1B for me H4 for my wife.

    Would there be any problem for me to land in Canada since I will not be landing there with the intention to settle but will return after getting my H1B stamped in a couple of days.

    Anyone gone through my kind of situation before. Please send me a PM.

    I am concerend about being denied entry in Canada and then I will be nowhere because I cannot return to US without a vaid H1B stamp.
    there is a Automatic VISA reavalidation Rule that allows u to visit Canada or Mexico and return within30 days only w/o valid US VISA...google it. or search on these forums...




    ash27
    04-03 02:02 PM
    It is still not very clear if working with companies like TekSystems on EAD is fine using AC-21.

    This question has been asked before. However, I have not seen any specific answers regarding this. Any information will be appreciated.

    Thanks



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