Friday, June 10, 2011

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  • WeShallOvercome
    07-25 01:37 PM
    >>>>





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  • gsc999
    09-21 07:00 PM
    Thanks! guys.....All in the same boat then....Screwed.....
    ---
    Harish, you now know the "problem."

    People here at Immigration Voice (IV) are trying to solve that problem by lobbying the Senate and Congress directly. Welcome to IV. Everybody is a volunteer, please spread the word among other H1Bs/ F1s and other potential employment based immigrants about this grassroot effort.





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  • wantMyGC
    09-13 09:24 PM
    Thanks ImmigrationAnswerMan for your inputs.

    1) What if I stay with the same employer for the next 6 months, then take a re-entry permit on family issues and go to India for about 18 months?

    2) I heard this (#1) will break continuity, what if I stay 5 years in the US after I come back (#1), will it cause any issues in the naturalization process?





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  • alex77
    09-26 01:22 AM
    If you have worked with your employer for atleast a year, you can also avail FMLA leave for 12 weeks (unpaid) without any issue. All the employers with 50 employess or more are supposed to follow this law.

    http://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993



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  • poorslumdog
    09-13 11:52 AM
    Hello Attorney,

    My family and I fortunately got the green cards this week after a long wait. But the company where I have been working since
    2001 is not doing well due to cash flow issues. Note that I never changed company since I came to the US in 2001. I have not been paid salary for the last few months. I am the last employee of the company and seems like this company may go bankrupt soon.

    Luckily my wife works as Independent Contractor (Not a full time employee) and I have a part time business which are supporting my family for the last few months. My business is related to finance and investments which is different from the GC approved job profile.

    Can you please help me by answering following questions.

    1) What are the precautions I should take to protect my green card?

    2) Can I leave the present company and start my business by forming an LLC?

    3) My business is online based so I can work from my birth country India for a few months. Can I visit India for a few months until my business is fully developed?

    4) Since my business is different from the GC approved job profile, will it cause any difficulty during citizenship process?

    5) A friend on the forum told that it may be required to work in your labor certified job (even with diff employer) for 6 months. Can I go to India for 6 or 7 months by taking leave from the same company ( i.e without leaving the company) ? I can manage with my part time business income during this time. In this case, just working for the same job profile is sufficient or do we need to show any pay stubs (or w-2) during citizenship process?

    6) Can I take re-entry permit and develop my business from India for a year and come back to the US after 1 year?

    Thanks for your help in advance

    If you are out of the country for six months...you will lose your GC. Dont do that mistake.





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  • number30
    03-30 02:02 PM
    I am not 100% sure about this issue but� I do see couple of emails from attorneys regarding denying port of entry in NJ airport. If you come across of any cases please share.

    Do you know which attorneys sent this E-mail? Can you please post those E-mails after removing personal details?



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  • veni001
    12-28 11:07 AM
    To get H-1 extension you need to have one of the following
    Approved PERM labor (not expired)
    PERM labor pending for 365 days or more
    Pending I-140 or
    Approved & "Valid" I-140

    If you can not produce any of the above then "no" H1 extension beyond 6th year.

    On the other hand once AOS is filed and 180 days passed, if you change your employer( assuming same or similar job), AC21 will protect that pending I485 even if approved I-140(assuming approved before move) is revoked by the original employer.


    Background OF Myself
    ----------------------
    a) Worked for Company A from 2003 to 2008.

    b) Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it

    c)September 2008 I have Joined employer �B� by transferring H1B (Valid until Aug 2010).

    d) Employer A revoked 140 which triggered 485 denial in October 2008.

    e)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.

    f)Applied AP & EAD renewal ,got a EAD card September 2010

    g) Since EAD extension got delayed I have applied H1-B Renewal August 1st week of 2010 and got a RFE now asking for proof how beneficiary qualify to extend beyond six years?

    Question

    I think the I140 revoked and 485 denial back in 2008 triggered the RFE. (Though MTR approved and 485 is pending)

    1)I have EAD approved and it�s valid until 2012 September .Is it possible can we withdraw HI-B Petition application when they request RFE?

    2)Can I have any chance of explain USCIS, by this rule below?

    ��USCIS has also specifically stated that if an approved I-140 is withdrawn after an I-485 has been pending for more than 180 days, the I-140 remains valid for purposes of AC21 � 106(c) portabilty:

    "If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation." AFM Sec. 20.2(c) ��

    Thanks
    KPR





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  • snowcatcher
    01-28 08:57 AM
    Hi Viva, Great positive attitude. Just dont give up. And dont ask me why the delay so far? Here goes my contribution after the challenge from you and a nudge from my friend Bhaskar_s. I pledge $27 every month. I am going to use the bill pay from my account and send in the funds. Thank you and again don't give up.



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  • gc_maine2
    04-27 12:55 PM
    I also has same question but
    my H1 is ending this Dec, and already got ext for 7 th year
    Anyone can shed some light on this.

    Thanks





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  • cgs
    02-08 08:57 AM
    Is there anything like this, if yes can you throw some light on it.
    As far as I know for any L1 to become H1 needs to apply in the new H1 quota.


    L1A is for managers and you actually have to work atleast one year outside the US to apply for a GC (L1A - GC)

    L1B is most commonly used (abused). There is no minimum required pay and has no cap. Moving from L1B to H1b is a nightmare.



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  • bharol
    06-16 12:59 PM
    Ouch, that hurt.

    We had an attorney and she did not prepare us for what to expect. However, I should have researched it and am now in a bind.

    Thanks for the advice.


    Come on.
    Do not expect attorney to tell you to renew your passport.

    Dumb -- Dumber -- Dumbest!





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  • widad2020
    08-11 09:55 AM
    Carry the new Approval notice(s), copy of entire application, your h1 approval and a couple of your recent paystubs. Should suffice. at the POE the officer will issue a new paper stub I94 that has the 2009 date.

    graj012 is correct.But apply for I-539 extn of Non-immigration status ASAP once she is back from vacation so that her status is also extended and on to your new emplyer



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  • gcwait2007
    07-07 01:38 PM
    I have applied 485 during the july07 fiasco,I got 2 eads and aps,they have not even touched my case since april08.Is my case preadjudicated?

    If you have not yet received any RFE, you are a lucky person and your I-485 application has been filed perfectly. As per USCIS announcements, they have almost completed (99.99%) review of all pending AOS cases and pre-adjudicated most of them. I will presume that your case has been pre-adjudicated and all set to go Green whenever visa number is available.

    One way to find out whether your case been pre-adjudicated is to call USCIS thro POJ method and talk to a IO (not customer service person) and they will be able to tell you.





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  • Legal
    07-11 06:19 PM
    All I said was stuck could have taken the high road as a moderator and conveyed your concerns politely. I would have respectfully expressed understanding and stop doing whatever I was doing. Instead he keeps sending abusive personal messages.

    What kind of moderation is this.

    Peace:)



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  • nish2006
    04-27 02:19 PM
    Hi Raj,

    Thanks for your advice, it definitely helps.
    I'm currently working with my lawyers on an appeal. If that works (fingers crossed) all well and good, but I'm also renewing my H1B immediately, to protect myself. This is not the time to be selling my house & committing financial suicide, as well as moving my family around.

    My attorney also feels the EAD/AP might continue (under certain circumstances - he's not sure, but is checking) to remain valid until their expiry date. If so, I have until Oct 2010 on my EAD, but its still better to be safe with an H1B.

    My I-140 denial is for a somewhat obscure reason - I used to be in the merchant navy, then worked in various management positions ashore until coming to the US in 2005. My professional certification was considered to be equivalent to a BSc degree by WES, but USCIS now want details of college attendance, etc. When I tried to explain in the RFE that it is only equivalent to a degree, and my job is based on 23 years of work experience at sea and in shipmanagement companies, plus a professional Master's license , they ignored those details. All very frustrating, but there is nothing I can do. Hopefully, someone more reasonable will read the appeal and set things right. My category remains unchanged at EB3.

    I hope your own issues have all been solved by now.

    All the best
    NK





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  • getta05
    03-27 03:06 PM
    I dont understand.
    Why is it limited to 5%?



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  • AUG2005GC
    08-27 10:04 PM
    Hi folks,

    Is there any body out here ported eb3 to eb2 from same employer.
    If so what was the process. I have 5 years of experience and 4 yrs of Bachelors Degree.

    Your help is greatly appreciated.

    Many thanks in advance

    its is definitely possible provided your position has new responsibilites preferably management responsibilities in addition to current responsibilites. I applied in EB3 as a programmer and 4 years later with same employer i appied as Project Manager in EB2. I got my date ported and got my GC last month. Hope it helps. Best Luck





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  • redelite
    08-20 01:54 PM
    "Oh-really?" (quick like almost one word) and "Yah REALLY!"

    ..at least that's how I read it..





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  • hiyer31
    01-26 11:35 AM
    I have been working in US continously since May 2003. I have not committed a single crime other than an occasional traffic ticket. I have a fantastic work ethic and can give tons of references of clients and people who I have worked with. I have paid taxes at the rate 25% to 28% in the last 6 years. I pay property taxes. I have never missed or been late on a single credit card or rent or bill payment. I have excellent credit history. After 6 years now recently I wanted to go to India to see my ailing father who had a heart attack and my attorney warned me that since I am on H1 visa and working as a consultant and am not a full time employee I should NOT go to India since the US consulate in India is rejecting or deffering issuing of visas quoting various reasons. They are basically trying to make life miserable for people regardless of their experience or value they bring to the table. What am I supposed to do? Do you just want me to go back to India - is that the end game here? I will if thats what you want. I will pull my money from the US economy I have invested in. Stop paying county and property and federal taxes. Stop paying license fees every year to the county. I will stop paying the humongous H1B visa extension fees. I hope this is what you want as you build your country's future with illegal immigrants whom you seem to favor more than people who are here legally. I wont even tell you how frustrating it has been to wait for Green Card which seems beyond possible!





    gsc999
    11-17 04:09 PM
    I do not think that the nuclear deal with India belongs at the Green Card retrogression part, unless this is a site for Indians only.
    --
    I am Indian too but I have to agree this post doesn't belong here.
    Diverts attention and divides members.





    factoryman
    06-18 05:56 PM
    what you are looking. Come out of the secret location and give some hints. Are you in Montana? Just kidding.

    I am not getting any appointment in June with any doctor within 60 miles from my place. So I took an appointment with a doc 70+ miles away for end of june. The only problem is I need to go twice 70 miles one way. The clinic suggested I do the blood work in nearby county clinic, but the county clinic wants 7-10 days to get results of blood work. I asked them for HIV and Sephallius test to be done. I already got TB Skin test(tested negative) done at county clinic.
    Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.