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  • papajon
    06-18 02:39 PM
    I have gone through the same situation. My lawyer appealed with the original paper advertizement and my perm was cleared about one and half years later. I don't see any issue here as long as your employer has followed all the perm steps. Good Luck.

    Thanks. Makes me feel better. Sound like your case is similar to mine - newspaper advertisement issue.




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  • sidd_k2002
    02-11 01:45 PM
    Kederex,
    Were you working on H1 when you sponsored your parents for graduation? Because i am working on my OPT and that fears me most when i think of sponsoring my parents, since OPT is nothing but simply a part of F1 visa




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  • ps57002
    10-10 06:10 PM
    Hi Ps57002 good to see you here.
    I saw you in . I was h12GC in .



    Hey good to see you here too :)

    Your case is a lil different than mine cause you did your I140 first, got online receipt that was sent with your 485. I am assuming one week later, when you had your PERM hard copy, you sent that along with other docs for your I140. I think you will be fine. You did everything right for the I140 and 485 is dependent on 140.

    Me though...my lawyer sent both 140/485 together in the mail, nothing done online. and no perm hard copy was included..just the online approval ETA form, signed by me/employer, along with screen shot af DOLETA approval.

    I will definitely keep you updated. I think mine will take longer than most cause on top of everything my file was sent to nebraska instead of texas....so it had/needs to be transfered to texas (NY employer).

    Keep updating and if you hear about others (i'm trying to stay in touch with others in similar position), let me know...

    as i used to say in ... 'jai maata ki" (god bless)




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  • Coppertop
    10-07 04:27 PM
    Thanks! *insert extra large grin here*

    can a mod please edit the poll as asked by Phat7



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  • roseball
    07-11 12:52 PM
    Hello friends,

    My prority will be current in Aug, next month. I filed I485 last july and my I140 is also approved long back in 2006. After filing I485 i do not see any LUD or anything on my case.

    What will be the chances to get my I485 approve ? Do i need to followup / take appointment ( Infopass) etc ?

    Appriciate your thoughts...

    Well, one of my colleagues with EB-2 India PD of Nov 2003 took an InfoPass appointment as soon as the bulletin came out with his PD being current. IO told him that he is all set and should get his I-485 approved as soon as his application is picked for processing as per the processing dates....He did not see any LUDs...He applied his 485 in Jun 2007...He got the welcome email in the first week of the month when his PD was current...

    So I am not sure if his InfoPass appointment triggered anything or his application was picked randomly..Whatever it is, its worth taking an InfoPass because it is the only thing in your control...Good luck..




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  • singhsa3
    09-28 09:39 PM
    Our appointment was at 9:00 Am but due to NJ traffic we reached at 10:00 AM. We both were worried that we may be turned back but it turnout that they had given 9:00 AM appointment to everyone.

    As soon as you will go on the second floor you will be handed over a cardboard with an application to be filled by you. Fill that application and wait in a line to be called by a clerk for checking your ID and hands. The person will closely check your hand, most probably to make sure that they are good for FP.
    Once she is satisfied, you will be given a number and asked to be seated in a big hall. Your number will be called and the person will take FP for every fingers in your hand. You will also be photographed.
    The whole process took us an hour.
    Just one more thing, plenty of parking is available in front of the prudential building.

    Good Luck



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  • bbct
    02-16 01:53 PM
    If one has not maintained his/her prior legal status, countries other than home country will not give the visa. Instead, they would be asked to back to go home country for getting the visa.

    I am currently on H1-B .My company is doing a lot of layoffs and I can be laid off anytime. So I have decided to go back to H4 but filing I-539 can take upto 3 months. Someone told me that I should go to Canada/Mexico and that process will be faster.
    Can someone plz. tell me what is the procedure and what documents are required for COS from h1 to h4.
    Has anyone any experience with Canada/Mexico.How should I fix an appointment?




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  • Pineapple
    05-02 03:34 PM
    Letter to USA Today (Published today)
    -------------------------------------
    Unlike illegal immigrants, our family, including two teenage girls, followed the legal way to come into the USA. My husband, an IT specialist, was asked to come by a U.S. employer. We are from Holland, where some have had a weak spot for the USA since World War II; we took the step of moving to America in 2001.

    After a visa, heaps of paperwork and an extension of the visa after three years � the employer still needs my husband's skills. He also offers his skills to U.S. workers via training. No other experts are available. So, we decided we wanted to stay. Despite legal hurdles, we like it here.

    But, for the past year and a half or so, the Department of Labor has stacked applicants in backlog centers to see whether it is true that no U.S. citizen is available for the job. Officials promise a lot, but we are all waiting and waiting.

    If the immigration legislation adds some millions of guest workers to that stack, what will happen to us legals?

    That's why I was glad to see the commentary �Stingy immigration policy stifles U.S. innovation.� I hope it raises awareness. But couldn't we legal immigrants get the front page for once?

    Betty Innemee

    Livingston, N.J.
    --------------------------------------------------------------------------
    Web Link:

    http://www.usatoday.com/printedition/news/20060502/letad02.art.htm

    Looks like another potential IV member, if she could be contacted.



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  • beautifulMind
    10-08 04:43 PM
    Came across the same issue and was reffered to a top immigration lawyer who advised as posted by me above

    Thanks GCPool. i will probably go with the 485 EAD to be Safe plus logically it makes sense too to sue 485 EAD because once applied for 485 that is your current status...Infact if you contact the school and tell them you are a 485 adjustee they may cancel your EAD OPT




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  • Sunx_2004
    10-04 10:32 PM
    Sorry for opening a new thread, Please point me to the thread if this issue is already addressed in some other thread and delete this thread.

    I filed my I-485 in July, Still waiting for receipts, Now my company got acquired by another company. My questions are-

    Any actions required from my side? What will happen to my I-485 which is already filed, Do I need to re-file with new company?
    If I get EAD in next few weeks can I use that EAD after 6 months of filing I485?

    Thanks



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  • latbsol
    10-01 06:03 PM
    Hi guys,

    Sorry, I was absent for a long time. I am back now!

    @ Hebron:
    Yes, I am planning to file the EB2 with the same employer. Of course that is what prompted my questions in the first place.

    @ veni:
    Thanks for the suggestion. Yes, my employer applied for the H1B amendment and LCA and got them approved. So I hope that is good.

    @ JamesSingham:
    James, is your case the same as mine? i.e. you converted from EB3 to EB2 with the same employer (for a different job title & responsibilities) and are using the experience you gained with the same employer? Have you filed for EB2 PERM already? What is the current status? BTW how do we prove that the job responsibilities are 50% different. Obviously reading the EB3 job description and EB2 job description should make it clear. But I guess the DOL expects some formal proof about this? What kind of documents/letters/evidence has your current employer included in your application to prove that the two positions are > 50% different? Is there a standard procedure for doing this? Too many questions...sorry. But I hope you understand my situation :(. Please provide you responses. That will greatly help.




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  • gcformeornot
    08-29 12:36 PM
    I saw many 2nd July Polls but doesn't have full proof information.
    So thaught creating New Poll.
    Hope everyone will participate in the Poll.

    not full proof.



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  • akela_topchi
    01-15 06:13 PM
    Friends,

    Looks like Obama and his administration is serious about fixing things.
    There are several polls on various immigration related issues at change.gov.
    Some are "pro" and many are "anti".

    Lets cast our vote, write messages, make yourself heard.
    Lets convey what we're going through, and we want relief.

    We are in it to win it.

    Here are some immigration/Green card/Visa related polls. Lets vote!
    ____________________

    Green Card related polls : Here (http://citizensbriefingbook.change.gov/search/SearchResults?searchType=2&str=Green+Card&search=Search)

    Immigration related polls : Here (http://citizensbriefingbook.change.gov/search/SearchResults?str=immigration&search.x=0&search.y=0&search=Submit)

    Visa related polls : Here (http://citizensbriefingbook.change.gov/search/SearchResults?searchType=2&str=visa&search=Search)


    ____________________
    Some pro-immigration polls
    - Please help the Immigration System (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004lrV&srPos=0&srKp=087)


    Some Anti-H1B polls
    - Reduce the H1-B cap for 2009 (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004nli&srPos=0&srKp=087)
    - Replace India's Talent with US Talent (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004spJ&srPos=1&srKp=087)
    - Reduce H1 Visas: Jobs for Americans (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004p5a&srPos=3&srKp=087)
    - H1B Fraud & Legal Immigration Issues (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004wtD&srPos=12&srKp=087)




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  • kanta80
    04-03 11:20 AM
    Yes, you may apply for multiple visas. However, the rule of latest application of the attached I-94 applies. If you get your H4 first, and then your H1, it would mean your H1 would be valid.

    If you get your H1 first, and then your H4, the I-94 attached to the H1 will no longer be valid, requiring you to get the H1 visa stamped in your home country consulate and re-enter.

    You could simply wait out until you get your H4(at the risk of running out of the H1 cap). If you're willing to risk traveling and reenterng the US after stamping in your homecountry, you should be OK.

    There are some attorneys however, who charge a hefty fee for you to get your H1 stamped at a Canadian US consulate if you fear rejection in your home country.


    Regards

    Now my situaion is: I have the receipt for H4 status change from F1, my employer has applied for my H1B in premium processing today (Apr 3), so that means I would be getting the H1B approval hopefully by the third week of April but in my understanding the I-94 for H1B will be valid from October 1 only while my H4 I-94 will be valid right after I get the approval (probably sometime in May).

    In this case, do I still have to go back in my country to validate my H1B I-94 given that H1B is valid from Oct 1?

    Please suggest me. I am getting really tensed.

    Thank you.



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  • tpcool
    05-31 05:21 PM
    Hi,

    I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.

    A short description of this role (for those of you who don't know about this role)

    The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels

    I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.

    All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.

    Appreciate your thoughts on this




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  • eb2_mumbai
    10-16 11:05 AM
    eb2_mumbai,
    Most your recent postings are logical but still so much red here- I gave you green.

    Thanks for the green gbof. Last Friday I was on 3 green's and then I started to write on this thread for H4 work permits and went down to 8 RED's and then now on 6 Red's so I guess its been a roller coaster ride for me. :-)

    Just a warning to folks I have a strong feeling that perhaps EAD renewal might be a good place for IO to demand a fresh EVL. That is based on assumption that it goes to same level/ group of IO who adjudicates 485. If there are different groups that look at 765 & 485 then I guess all they care is to look up the system to see if 485 is pending and then approve 765 (which is normal workflow). I still think this is what they will follow because otherwise every 765 application (proimary) will result in RFE which is additional workload for CIS. They would just add it to required documents to make it easy on all of us.



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  • knowDOL
    05-30 04:00 PM
    Asian, it helps if you are littble bit more straight forward. I am not getting what you are trying to point here. Elaborate and clarify your view.




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  • morchu
    05-31 07:24 PM
    Search for "six-month rule", in "trave.state.gov"
    If you tell me which country passport you hold, I could tell whether you are exempt from this 6-month-rule or not.
    And yes, I mean official requirement for "entry".

    How you think H1B documentation will act as a proof of "permanent residence" intention?

    Thanks for your reply Morchu. I want to have some further clarification here:




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  • GcInLimbo
    02-10 01:34 PM
    The following link from immigration.com forums might give you some mental relief. As every one else said report to DOL if you were not paid.

    DOL obtains $638,000 in wages and debars a New Jersey Company for one year - Blogs - ImmigrationPortal Forums (http://forums.immigration.com/entry.php?266-DOL-obtains-638-000-in-wages-and-debars-a-New-Jersey-Company-for-one-year)




    paskal
    03-03 11:17 AM
    http://www.indiawest.com/view.php?subaction=showfull&id=1204158463&archive=&start_from=&ucat=1




    trump_gc
    07-06 08:19 AM
    I would send in a notorized affidavit from the parents stating that the right name is so and so and that the regitered name in birth certificate was in-correct. you can send in some more supporting docusmnrts like , school / collge graduation cdertificates...wonder why u have the wrong name in marrigae certifcate,,,birth certificates I understand, but why is it wrong in marriage certificate?



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