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  • rsayed
    04-16 08:13 PM
    My H-1 started in Oct'03 and is supposed to complete it's 6 yr term on Oct'09. But, my current H-1 (with my current employer) shows an expiry date of Apr'09 (same with the stamped visa on passport) - I don't know the reason for this.

    My labor (EB2-PERM) and I-140 has been cleared/approved; Priority date is July 2006.

    I'm being offered a F/T position in one of the Big 5 consulting firms - nice offer. But, they categorically state that "there is no guarantee of GC, upon completion of one/two year". I've been told that this is standard practice for them to say this, and they normally start your GC after one year if you have less than 2 yrs, left. Even, the HR rep. told me the same thing - just that they don't offer a commitment, due to changing market conditions.

    My question - Is it advisable to change? Any ideas/thoughts on any chances whatsoever of "Immigration Reform" happening this year?

    Should I just stay put (with my approved I-140), or should I change (which seems risky)?

    Also, this "Big 5" firm processes GC in the EB-3 category - I know this for a fact (unless the position offered is of a "Manager", which is not the case with me).

    Pl. advise. Thanks.





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  • san3297
    11-10 07:33 PM
    I called USCIS but they are just saying send all the docs as stated in the RFE. Seems dont have any option other than sending originals. The search for this kind of RFEs yielded no results.





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  • jonty_11
    07-12 12:00 PM
    if u switch status from h1 to h4...i think u willl be subjected to cap next time u file for H1..as its a fresh H1 and not H1-Transfer





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  • lostinbeta
    10-03 01:49 PM
    <FONT FACE="Verdana" STYLE="font-size: 10px">Very Evil:evil:</FONT>
    <div style="width: 300; font-size: 10px; font-family: Verdana; color: #9E9E9E; Filter: FlipV">Very Evil:evil:</div>



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  • chanduv23
    03-04 11:04 AM
    Dear IV Lawyers,
    First of all a big thanks for all the help to the community. There is a new issue cooking up and is happening more frequently these days and the issue is with aceptance of EAD for employment.

    We have been hearing cases where jobs offers are rescinded, because company deicded not to hire EAD holders or the first question a company representative asks is what kind of work authorization do you have? if someone says EAD, then the process never even goes further and doors are shut.

    i - 9 form clearly says that one cannot discriminate against EAD.

    At the most an employer has to verify if it is 180 days past filing 485 and if the job is similar ( which is in 99.99% of cases which is why the candidate applies for the job). After that, all an employer has to provide is a employment verification letter in case of an RFE/NOID/Wrongful denial - which means that employer does not really sponsor the Green card or transfer the process. Employer does not even have to fill out any forms or do any labor market formalities nor has to file any fees.
    A simple employment verification letter is given for a lot of reasons like home mortgage, loans, bank, DMV and veriety of reasons and this is also a reason.

    My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.

    My hiring manager who was helping me with my RFE EVL (few years back) told me that in future he wont entertain such things and will make sure he does not hire anyone with such issues. I guess thats is what is happening everywhere because of the RFEs or wrongful denials and with the tough job market, it is a good way to filter out people.

    Your suggestions and comments are appreciated.





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  • webm
    09-25 03:02 PM
    If spouse apply for Social Security card, will she lose her H4 status. Or the status changes after she starts using the EAD for work.

    After she starts using the EAD for work then only lose H4 status ....



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  • unitednations
    04-04 01:49 PM
    Apologies first. Could not find a link to start a new thread but what I am mentioning below has a direct bearing on people planning/trying for H1 transfers.

    **************
    Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name?
    We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.

    Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?

    Regards


    see the link on posting #124 on this thread. there is a court case that uscis is using to justify requesting this type of information.

    http://immigrationvoice.org/forum/showthread.php?t=24555&page=9





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  • vcurichmond
    08-21 12:35 PM
    JULY 19th Filer Checks got encashed.

    My I-485 checks got encashed on August 20, 2007. I filed at NSC.

    VCURich



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  • aau
    08-08 10:37 AM
    I have filed for my EAD and 485 in july 2007. I have not got my EAD due to Name check (dont know why they cannot issue EAD bcos of name check).
    Well in my case USCIS did not give me any information.
    So i had to call the senator office. Their office contacted the TSC, and got the information that my case is pending Name check.
    Now i know my case is pending name check, whenever i call USCIS, they submit a request to provide me an update and ask me to call after 1 month, 2 months and like that.
    So i have stopped calling USCIS and directly call the Senator office.
    Infopass does not show any appointment dates in Altanta region. So i am relying on the Senator office.
    So may be you can try calling the Senator office and ask them to followup with your case.


    Should you call your Senator or Congressman - and does it matter? Thanks in advance ppl..





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  • gc28262
    01-16 04:45 PM
    AC21: if my new employer is open to do either EAD or H1, what should I prefer? I want to take the least risky route.

    If employer offers H1B transfer, use that and also invoke AC21.



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  • Texascitypaul
    02-23 06:15 PM
    No necessarily protected. Anyone who overstays their I-94 is removable (deportable). However, some people can contest that in removal proceedings. One basis to contest a removal order is because the foreign national is married to a US citizen and/or has an Adjustment of Status pending.

    The problem with VWP entrants is that they sign away their rights to contest a removal order, even if married to a US citizen (unless they claim asylum). Worse - they can be removed without a hearing in immigration court, simply by an order of the local District Director. In theory, a VWP entrant who overstayed could file for permanent residence and be issued a removal order and put in detention when s/he turned up for the marriage interview at the District Office.

    I don't mean to terrify you, and most district offices do approve cases filed by VWP entrants, but please check with a local attorney before filing anything.
    __________________


    Thank you very much for clarifying that for me,ok so first thing is to find a reputable immigration attorney close to me in Texas City.

    Thank you for your time it is very much appreciated,

    Paul





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  • 485Mbe4001
    11-03 06:34 PM
    short answer Nope
    a) because immigration is not high on Obama's agenda.
    b) the economic downturn will be used by the the anti's to thwart any measure to help us
    c) We are still very low on everyone's plate, democrats will want to get the illegals and all will use us as a pawn.
    d) The trend is that the right will become hard right and left will become hard left...wait and watch.
    the guys who will post bad comments, please remember that i had posted something similar when the democrats got majority and we have multiple threads singing the lords praise and showering flowers. It will be politics as usual.
    We need lots of active members to make ONE strong case and keep hammering away at the lawmakers, instead we get a daily dose of self motivated threads which divide the already small group into smaller groups ((petitions, cases, class actions, EB3 Vs EB2, masters Vs 'grand'Masters etc:rolleyes:) .


    Do you guys think this 2008 election will have any impact on the immigration process?



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  • stirfries
    01-29 10:10 AM
    My AP is approved on 27th, but I did not receive it so far. I already booked my tickets and have only one day left for my travel.

    Would it be safe to travel now? Are there any risks involved in doing so?

    Please advice.

    Thank you

    Hey nrakkati !!!

    congrats on your AP approval. I was in the same boat as you are now, a while back...Your situation is very dicey...You can travel now provided someone can mail you the approved AP when they receive the AP at the specified address...The only risk is, if it gets lost in the MAIL, YOU ARE SCREWED !!! USCIS, as a matter of policy, will not reissue a lost AP and would require you to start the AP process from the scratch...

    Ofcourse there are alternatives when you get SCREWED that way...:)

    If you already made the trip assuming that you would get the AP on hand and if the AP is lost in mail, You can go to the US Embassy in the country that you are visiting,( not US Consulate) and show them the proof of the AP approval and request temporary pass to return back to US...More details on this can be found on researching this forum...

    Thanks,





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  • BPforGC
    06-23 04:12 PM
    Guys,

    Lets focus energies on "Reuniting Families Act". Use this word. Its important. Visa recapture is part of it, but emphasize "FAMILY".

    We need this bill and 350,000 VISAS that come with it. We have to make sure that those VISAs don't need to used 'per country' basis. Those VISAs must be distributed to whoever is in line, no matter which country they belong to.

    IV core, please focus on this. We need this bill and all those recaptured VISAs can be used for anyone in the line, pre-adjudication complete and held-up because there is no VISA, irrespective of the changeability.



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  • blackberry
    07-30 01:59 PM
    Many of us are in this situation.
    Can someone throw some light based on prior experience,
    who gets the receipt notice when using G-28.
    #1. Lawyer Alone
    #2. Applicant Alone
    #3. Both lawyer & the applicant.

    --BB





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  • reachinus
    08-25 09:38 AM
    Hi There,

    If ur 140 was sent to the processing center before 07/21/2008 you should be fine. The receipt notice may take 2 - 4 days to be generated some times and some times it has taken nearly 3 months(last july VB Fiasco). I think if you labour has expired you wouldn't have got the receipt notice, but not sure.

    Hi,

    My labour was approved on 23-Jan-08 and its expiration date is 21-Jul-08.

    I recently got my 140 receipt notice with receipt date as 24-Jul-08.

    I am wondering is my 140 is filed with in the valid time.
    Is there any rule like do we need to file 140 with in 180 days of labour approval.If so will my 140 get approval or denial.

    pl give me the response.
    Thanks for looking this.



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  • immi_enthu
    12-28 04:39 PM
    Why did u give a negative marking for that?

    just for the record. I did NOT give you any marking. why do you assume things and make assertions based on those assumptions ?





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  • TO BE OR NO TO BE
    05-18 12:14 PM
    Great work IV core team! EB immigration will be benefited by the work done by IV core team sooner or later. Keep it up!!

    One will wonder that Indian Government will do something as the India and her economy are benefited by EB immigration big time in last decade. In the global economy the overseas workers are the greatest strength India has and as usual they are completely ignoring the problems faced by EB immigrants in the USA.

    Just a thought,





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  • Motivated
    10-26 01:38 PM
    Irrespective of political parties or the issues, I am proud of this Indian guy standing up against "fair and balanced fox news"

    he must be a citizen (since he is chairman of Milwaukee, WI, Dem party) - wonder if IV members from the area could approach him to stand up for us too..........

    Fox News Crew Gets Scolded At Democratic Meeting (VIDEO) (http://www.huffingtonpost.com/2010/10/26/fox-news-wisconsin-democrats_n_774164.html)





    dealsnet
    09-08 11:22 AM
    If you don't have free long distance phone, call to this number will be charged. If you are calling from cell phone, the minutes will be reduced. It is normal for using calling card. But this is free. No toll free number for calling.

    On the website it says...


    * Calls to Access numbers will be charge by local operator.


    Any ideas what these charges are?





    walking_dude
    10-19 02:58 PM
    Thanks for the clarification.

    I would greatly appreciate if any future outages in check collections are posted on the Homepage page at least one or two weeks in advance.

    Reason - if member opted for "Bill Pay" (to make payments recurring )Bank deducts the money from the account as soon as the Paper check [from the bank] gets sent . This is done to ensure that the Bank has the cash to pay the check it mailed to payee (IV). If check never gets encashed that money is lost and wasted!

    I don't know if this is feasible or not, but if IV can provide a bank Account Number and Routing, "Bill Pay" can be set such that Bank will send the amount Electonically to IV account (as E-check). E-checks get cashed in 2 days compared to Paper checks (sent by the bank) which takes 5 days [per my bank]. It's just a suggestion as I have no ideas on the issues and the logistics involved.

    This is only temporary. We will accept the checks after some time and will update the page.



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