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  • morchu
    05-14 12:09 PM
    Thanks for pointing this out (Hernandez letter).
    It is new information to me.

    H-1B is approved from Oct/1/2009. Currently I should be on L-1B. As per this article, I think I can travel without jeopardizing my future status. They call it the 'Hernandez letter'. Is this true?

    http://www.murthy.com/news/n_cosapp.html

    Thanks..




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  • smuggymba
    08-13 01:48 PM
    Total H1Bs sponsored by the dirty 4 Indian companies are 12000 multiplied by $2000, gives 12 million if you add same no of L1 visas its only 24 million not 600 million. Obama requires a calculator .

    ROFL....obama needs a calculator




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  • gcpool
    08-23 04:01 PM
    Why are they different for different years




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  • ashkam
    08-07 10:44 AM
    if my wife is already in US on H4 do i need to file a I-134 ,I-864 too ??

    Also do i need to add my tax return, my I20 and my paystubs with application. She just came into country so she does not have any tax rerurn of her own nor any I20 or any paystubs of her own.. Please suggest.

    Thanks
    -M

    The tax returns, W2s, paystubs etc should be yours, not hers, since she is filing as a dependent. I'm not sure if you need to attach your I-20. I'm not sure if you need to file an I-134 but my attorney recommended me to file an I-864 although I-485 instructions are not clear on whether its inclusion is necessary or not. But I would say why not file it just to be safe.



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  • desi3933
    07-07 06:18 PM
    Gurus, need a lil help clarifying issue in GC process.

    I've a question regarding location of work place for a H1B employee filing GC process.

    I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.

    Incorrect. Current location has NOTHING to do with GC job location which for a future job that one need to start AFTER I-485/CP is approved. One can be doing job in NYC and have GC job for Chicago. Probably the best case is when LC mentions "anywhere in USA".

    Is this true? I might be wrong about the information above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.

    If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.

    I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.

    Thanks in advance.

    The current job location should be same as stated in LCA for your current H1. If your LCA says Chicago and you are in Dallas then you are NOT in valid H1-B status and consider consulting an attorney for legal advice.

    Out of Status > 180 days is one good enough ground to dny I-485 application. For more details on "out of status" scenarios, please refer to my old posts.


    _________________
    Not a legal advice




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  • Anders �stberg
    September 27th, 2004, 11:41 AM
    I did hear, however, from a reliable source, that Canon will be upgrading the next 1D Mark II to have an in-camera phone.
    What a nightmare... just when you're about to take that photo of the bride-groom putting the ring on the bride's finger your camera rings with a loud polyponic hip-hop melody ... :)



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  • Pagal
    07-24 04:57 PM
    Hello,

    If I read the USCIS news, then these are the questions I would ask myself and see if there is any serious legal concern...

    1. Was I in non-pay status while working for VSG?
    2. Is my job and location same as in my H-1B labor certification?
    3. Are there any false documents submitted on my behalf to USCIS to support my visa petition?

    If you answer no to all these questions, then legally you should be safe. However, as a further precaution, I would suggest to use AC-21 and move to another company. File a fresh labor (you can still claim the priority date from your old labor) and distance yourself from the fraudsters.




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  • invincibleasian
    02-21 12:26 AM
    invincibleasian :

    Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
    Also, what all document you need to apply for it ?

    I am planning to do that since my employer denied me for getting I-140 copy.

    Appreciate your resposne.


    Fill out the G-639 form and follow the instructions. Write a covering note clearly indicating the documents yu need and include information like lin numbers etc if available. get it notarized and mail it to the address in the instructions. yu recv a application recvd note within 20 buss days. this contains a number which you can use to track yur request. I am still waiting for my request to be completed since it has been placed on the complex track!



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  • desi3933
    02-18 06:39 PM
    If you could post some official documentation that would help rajesh1972

    If the child is under 2 years old, and is accompanied by LPR parent upon their first return to the U.S. of the parent who is applying to re-enter as LPR and the parent is admissible, then the child should be issued an I-181 upon his/her first entry as a lawful permanent resident.

    I-181 (Memorandum of Creation of Record of Lawful Permanent Residence)

    I will get official links for that. It is recommended that LPR parent has travel document that allows LPR to be outside US for upto 2 years and preserve green card status.


    **** Not a legal advise ***




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  • gman
    12-22 11:07 PM
    Unlike H1B, at the time of layoff, if 485 is pending more than 6 months, you are still in legal status, (in h1b case there is no grace period). There is no time limit to find a similar job. You can stay at home for till your 485 approval, with legal status. Having said that, if INS asks for a eveidence of full time-permanat job you should be in a postion to show the job offer. In simple terms, tou should have a vaild job offer at the time of approval of your 485.

    If i-485 has been pending for more than 6 months and I suddenly get laid off can i leave the country and come back when it's approved? Or can I leave the country and come back in a few months with or without job offer?



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  • makemygc
    01-07 06:59 PM
    I had the same scenario and got my EAD renewed using the new passport number without any issues. What USCIS is mainly concerned about is your A# that you fill up in your EAD form.

    Thx
    MakeMyGC

    I would like to know the answer to this question too. does anybody know?

    also pkv..how many days did it take you to get the new passport?




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  • seahawks
    07-02 12:07 AM
    Guys,

    Can some read the SOP in the above quote and figure out what they are trying to say?

    I read it and it does mention that if you came prior to an year from filing, your G-325A does not count. I wonder why that is because Finger printing is triggered by G-325A was what I thought and its a form with 3 copies so to speak so I thought it goes to 3 different offices, who knows how it works.. anyways here is what I am doing for now..
    Wait until my attorney gets back to me
    Go for the FP and probably explain to them and see if anything can be done.
    Wrote to my district congressman's immigration specialist who I had met before while campaigning for IV goals on CIR. Well I won't sweat it out, will see what happens I guess.



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  • satyasaich
    09-23 06:29 AM
    Well instead of going back after H1 expires, the people can chose to be illegals. Then their Kids will get GC under the DREAM ACT.:D
    though hilariously said, you have a point indeed.




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  • CADude
    11-08 12:46 PM
    per USCIS released information approx 655K AOS pending application as of end of Sept 2007.

    It's also has 281K EAD & 188K AP pending applications.


    So long way to go for GC journey...

    Source: http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf



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  • immigrationvoice1
    02-27 01:08 PM
    Hope this documents appears in the sites run by the "anti-employment based immigrants" supporters.




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  • yabadaba
    06-21 09:50 AM
    we can only guess

    i would assume cases that are not substitute labor, porting priotity date, cross chargeability, clear birth certificates, clear employer verification letter, no namecheck issues, no fingerprinting issues, etc



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  • dilbert_cal
    07-05 03:09 PM
    Hello,
    I am in desparate need of some advice. I have an approved I-140 (11/28/2006) and my 485 was filed under my wife's GC application in June 07. I would like to leave my current company A and join another company B asap. I have 3 days to accept the offer.

    a. Is it possible for me to port my I-140 to company B?
    b. If its possible will i be able to keep the PD?

    I did some research on the AC21 act and it seems that its ok to move companies after 180 days of getting the EAD card. But I could not figure out if the I-140 could also be ported over to company B.

    Thanks in advance.

    If you have a copy of the approved 140, you can try to port your PD to the new company. To do this, you would need to file a new labor with Company B and then when you file your 140, you would be using the old approved 140 to port PD.

    However, you mentioned that you have filed 485 as a secondary applicant. Your wife is the primary applicant. AC21 is applicable to primary applicant - i.e. your wife can only change her job after 180 days of filing 485 ( and not getting EAD ). You can change your job as many times as you want on your EAD ( but probably you havent received your EAD yet ).

    To be on the safe side, it doesnt hurt to file a new labor and port your PD.




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  • arihant
    10-26 08:20 AM
    Hi guys,

    My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
    a) is it possible to transfer now?
    b) how long will the transfer take?

    Thanks a lot for your advice/information :)




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  • arihant
    05-23 06:54 AM
    As many of you have been following, there are some provisions that benefit folks with advanced degree in STEM from US universities by exempting them from the Visa quota. I think CIR in its current form has a provision and the Cornyn (4005) and the Brownback (4058) ammendments that are yet to be introduced also have some such provisions.

    My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.

    Any thoughts or comments?




    luckylavs
    09-25 02:47 PM
    Because there is little certainity about the Green card many people hesitating to buy houses. There is good chance that the housing market will definitly improve if the Green card waiting period decreases.




    tyson
    01-11 11:38 AM
    Guys: One way to get involved is to find Congressional candidates (especially Republicans) and educate them. If you really want to push them along, ask can you help with their campaign.

    For example, Eddie Adams in the Tampa Bay Area, is more open to discussion than the current incumbent. And, if he can be found open to backing legislation to expedite the Green Card process; then this movement has a new friend.

    He is certainly (like most Republicans) no friend of illegal immigration. But, he might be open to pressuring the USCIS to move the legal immigration applications along.



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