الأحد، 26 يونيو 2011

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  • lvinaykumar
    08-15 07:54 PM
    good luck with your green...




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  • GCDelay
    11-30 11:38 AM
    xxxx




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  • InTheMoment
    08-20 06:02 PM
    Not exactly yabadaba ... if the call goes to TSC/NSC they are not contractors but full employees of USCIS and are known as Immigration Information Officers IIO, who have nothing to do with actual adjudications of I-485 done by CAO's - Center Adjudication Officers (as you rightly pointed out)

    once and for all.. the adjudicators dont answer calls. its just cust service people...who are contractors. so if u dont call them.. all they will be doing is sitting around doing nothing.




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  • alkg
    09-24 03:43 PM
    don't worry be happy



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  • japs19
    01-07 02:57 PM
    thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009

    As long as you work for the same employer with same title and job location, you don't need H-1 stamped. If you have a valid approval (I-797) you can enter the country on H-1 and not worry about AP or EAD. But just to answer your question, if you use AP to enter...you won't need to use EAD. If you do use EAD then you are out of H-1 status. AP will let you keep H-1 status.

    I am not a lawyer so it would be best to consult one.




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  • eb3_nepa
    06-15 10:49 PM
    Dude i think you have WAYYYY overestimated the processing times!!



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  • solaris27
    03-13 08:32 AM
    no its not true . I have Canada PR and to get citizenship u need to be in Canada for 3 years .

    http://www.freewebdirectoryweb.com/




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  • pt326bc
    10-02 03:54 PM
    r u telling me that other company can apply for perm and I dont have to work for them? is it really possible? i always thought that you have be h1 for the company and then only they can apply for your perm. can a company apply for perm without transfering h1?
    thanks
    That's the fundamental idea behind the green card process; Green Card is for a "future job".
    There is no legal requirement that you have to be employed by a firm at the time the green card process is initiated (Labor Certification).
    There is also no legal requirement you even be in US (ever) before the process is initiated.
    The only legal requirement is that you work for the employer for some time (a few months is what the general consensus of lawyers seems to be) AFTER you receive your green card.
    Regards.



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  • nkavjs
    11-15 09:47 AM
    Tri State Folks,
    You just saw priority dates in Dec visa bulletin. What do you plan to do now?
    I have some answers for you but would like to hear from you first..

    Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
    Thanks




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  • jaggu bhai
    08-10 09:18 AM
    We did the COS from H4 (stamped) to F1 for my wife ourselves. It was easy, no lawyer but we got an RFE on the dollar amount so we replied again ourselves (giving an excel sheet etc). You can do it yourself.



    frostrated & smuggymba

    Thanks for ur replies....
    As I am EB3 - MAY 2009....No question of I 485 soon....
    thats the reason for the F1....

    U said to show the intent that we leave US back....but my I 140 is approved which makes the letter of intent very contradictory (unless they dont see my papers when processing my wife's F1).

    And also, see the pattern She was on B1 - H4 - F1 (all COS), this is the main concern.
    Whether is the letter of intent makes them believable!!!

    Regarding funds availability, We have funds equivalent to 80% of 1st year fee (which shown on I 20), AND ALSO I AM SUBMITTING AN AFFIDAVIT THAT I AM SPONSORING MY WIFE.

    Frostrated: College is only giving I 20 rest of the things we have to do ourselves.



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  • uma001
    05-24 09:44 AM
    Here is my case:

    MS (computer engg) in US
    US IT experience more than 6 years
    No TOEFEL ( what native english speaker??)
    Worked in high growth technology/employer (I assume)
    come under STEM.
    My employer is sponsering my green card
    How many points will i get??




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  • jaggu bhai
    08-10 08:42 AM
    Friends

    This is my situation

    My I 140 approved, my status is F1 COS to H1 B
    My wife situation, B1 (Visitor) COS to H4.

    Now we r planning to change my wife status from H4 TO F1.

    Can anyone with their experience suggest How complicated is my Case!!!!
    Can we file COS by ourself or do you suggest to Hire an Attorney.

    Pl advice

    Thanks



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  • patelkirti
    04-19 11:56 PM
    Thanks,

    About paper and email trails, i think i got each and every one of them! I'm very well covered there..

    Will keep you guyz posted!




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  • gc_bulgaria
    10-09 04:18 PM
    http://www.immigration-law.com/

    10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication


    When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
    The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."

    (1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.

    (2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.

    (3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
    Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.

    In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.



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  • alkg
    10-18 06:08 PM
    I am in the same boat:::::::::

    July 2nd Filer.
    Reciept notice received on October 11th on Phone.
    Waiting for EAD,AP.
    FP Not Done




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  • Eternal_Hope
    06-15 04:44 PM
    ????

    The only problem I forsee is that some people think that F-1/OPT is not a dual-intent visa, i.e., one gets a student visa upon expressing their intention of not immigrating. Therefore going from F-1 to H-1B to Green card is the more preferred route. However, some people feel that as a dependent going from F-1 to Green Card is fine.

    Hoepfully, others may have a better understanding on this than me.



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  • Mayra75
    12-31 07:29 AM
    Guys ,
    Is there anyone know whether H1 increasing issue will be introduced again in Congress or not ?




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  • WeShallOvercome
    07-30 02:00 PM
    Many of us are in this situation.
    Can someone throw some light on previous experience s,
    who gets the receipt notice when using G-28.
    #1. Lawyer Alone
    #2. Applicant Alone
    #3. Both lawyer & the applicant.

    --BB


    In all the cases that I've seen so far, only lawyer has received it..




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  • shahuja
    02-05 04:06 PM
    hello all,

    i will really really appreciate your posts..

    its been 23rd day..H1B renewal..New Delhi..still waiting for PP..i got no slip ..no warning to wait ..nothing..

    But now i think its not stuck due to PIMS..it could be anything ?? some admin processing ? some security check ? some name check ??

    How do we differentiate what are our passports held up for..COULD THIS BE CALLED 221(g)..i read in forums..221g can take forever ??

    -Shahuja




    bsbawa10
    08-15 12:11 PM
    USCIS does not seem to be corrupt. It seems to be running by proxy with no accountability, no follow ups on what they do, and they always make excuses to show that they follow rules ...(which are breakable).




    sanju
    03-12 10:52 AM
    Here is another one

    really funny...
    but hey it should go in the "Lighten Up" thread, instead of creating a new thread. just a thought.


    I decide to clean off the front patio. I start to the patio and notice mail on the desk that needs to be taken down to the Post Office. OK, I'm going to the Post Office . . .

    BUT FIRST I'm going to go through the mail that was delivered. I lay the car keys down on desk. After discarding the junk mail, I notice the trash can is full. OK, I'll just put the bills on my desk . . .

    BUT FIRST I'll take the trash out. But since I'm going to be near the mailbox, I'll address a few bills . . . Yes, Now where is the checkbook? Oops.. there's only one check left. Where did I put the extra checks? Oh, there is my empty coffee cup from last night on my desk. I'm going to look for those checks . . .

    BUT FIRST I need to put the cup back in the kitchen. I start to head for the kitchen and look out at my balcony, notice the flowers need a drink of water because of the extreme heat. I put the cup on the counter and there's my extra pair of glasses on the kitchen counter.

    What are they doing here? I'll just put them away . . .

    BUT FIRST need to water those plants. I head for the door and . . .

    Aaaagh!!! Someone left the TV remote on the wrong spot. Okay, I'll put the remote away and water the plants on my balcony . . .

    BUT FIRST I need to find those checks.

    END OF DAY: The patio has not been cleaned, bills still unpaid, cup still on the counter, checkbook still has only one check left, lost my car keys . . .

    And, when I try to figure out how come nothing got done today, I'm baffled because . . .

    I KNOW I WAS BUSY ALL DAY!

    I realize this condition is serious . . .

    I'd get help . . .

    BUT FIRST . . . I think I'll start a new thread.

    Fool its not me, its the AAADD I was recently diagnosed with.


    .



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