Thursday, June 9, 2011

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  • Ann Ruben
    02-10 11:57 AM
    Saurin,

    Assuming that your I-140 has been approved and your I-485 has been pending for more than 180 days, you're GC should be approved as long as you can demonstrate that you have a bonafide offer of permanent, full time employment in the "same or similar occupation" at the time your I-485 is finally adjudicated. Note that the requirement is prospective. Where, or if, you are employed prior to the final adjudication of your I-485 is relevant only to the extent that it is one way to establish the bona fide nature of your intent to accept or continue employment in the required occupation.

    Ann





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  • Aah_GC
    06-14 08:35 PM
    This thread may help you. http://immigrationvoice.org/forum/showthread.php?t=18737

    Thanks Dhudhun, your thread was very helpful. Created this one so we could just focus on the Supporting documents for eFile EAD. (USCIS site does not talk about it at all).





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  • immigrant2007
    05-18 07:26 PM
    This lawsuit is about the 140000 visas been given out each year and in years 2008 and 2009.

    There have been many people who received GCs in 2008 and 2009 in EB2 without regard to Priority number. Check Visa Bulletins from August 2008 and September 2008. People from 2006 were given GCs over 2004 and there was total chaos.

    This lawsuit is to bring justice to the last three years of absolute anarchy.

    This lawsuit is to bring in line how this 140000 number is distributed. How does processing of I-485s take place in USCIS.

    I think Indian EB3 will join shortly.

    Why are you stopping at 2007? Issues stared much before that.
    Why do you forget the getting details of each and every VISA that was issued between 2003 and 2007 (days of backlog elimination center)? We hae a right to know that. I doubt EB based guys got benefit out of it....I do not think USCIS /DOS will ever reveal those numbers truthfully and even with 50% accuracy....
    They just put almost every True Employment based applicant in backlog and gave GCs to 245i....I dont think that was justice. That was manipulation





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  • srinivas_o
    08-25 09:46 AM
    Bump



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  • waitforgc1
    04-07 06:20 PM
    Thats a little strange, as employers now a days are suggesting to use EAD instead
    of H1's as the extentions itself has problems. And based on what i know its
    ok to be on EAD instead of h1. Either way there is not much difference.





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  • number30
    07-12 06:07 PM
    THANK YOU VERY VERY MUCH FOR PRECISE REPLY BUEHLER but am I not within my legal right to work for any hospital branch because they are all with one name.


    My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).

    My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.

    What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)
    at the yearend is it single w2? or two w2 from same employer ID? Your ID might be different But employer ID is important.



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  • jsquare
    08-14 12:24 PM
    Thanks for sharing the expericence?

    My question is why they need Biometrics again for renewing EAD?





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  • MerciesOfInjustices
    03-08 09:35 PM
    http://www.cnn.com/CNN/Programs/lou.dobbs.tonight/
    There is no posted transcript yet on the Website - how did it go?



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  • msyedy
    02-05 01:38 PM
    I have a old EB3 PD Sept 2003 with Company A , and a new EB2 and I140 approved from Company B.
    Can I ask my old company to file for I140 so that I may use the Old PD.

    How can I bear the expenses of the USCIS and attorney's fees, given I am not working at company A.

    Any clues would help.

    I guess the old labor will be invalid by now as it has been already been over 45 after approval.
    Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")

    What do you mean by how can you bear the expenses. What a ?
    Do what your company A is asking. I don't think that company A would file it for free.

    Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him





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  • kumar1
    10-09 04:31 PM
    Leave Nov visa bulletin, I am more interested in November pay check, thank to this economy.



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  • CaliHoneB
    02-24 07:25 PM
    I have been reading all the posts and been contributing modestly and been suffering for a long time because of retrogression. In my humble opinion what ever we do if it needs to succeed we definitely need to *distinguish* ourselves from illegal aliens and other professions and prove that us staying here is in best interest of the US. Not to discourage anybody but CIR is a big task and I don't think politicians are really ready to solve this problem because of its magnitude and huge implications it is going to have for deciding to go one way or another. Probably retrogression would have been solvable with relative difficulty if it is not for the timing of CIR.
    and somebody mentioned that allowing to file for 485 with out need for waiting for visa numbers may actually increase the retrogression because of some of the privisions for illegal aliens..I am not totally sure on this but if it is true it just makes all the more important that we need to establish seperate category for high skilled workers.
    I think SKIL bill would be one way to go and another would be to actually lower the limit of investment category visa..I know the second one seems like a long shot because currently it requires $500K in rural areas and generally one million but hear me out
    If we could lower that limit to $100 k and make it investment in any US based companies in addition to having certain years of work experience in the US. We can argue that we are actually contributing to economy in more than one way and us being here helps generate more jobs in the US and it definitely makes different from others.
    I know preapproved labors were being sold at >$25k at one point and if people knew that there wouldn't be any problems with that then a lot of us would have shed that money for a guaranteed GC so if 100k over a period of time would guarantee a GC and that 100k is still going to be with us after certain amount of time then may be it is not that bad idea....



    I am glad some one else also agrees with my thoughts..Let us continue this discussion on old thread..

    http://immigrationvoice.org/forum/showthread.php?t=600





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  • brentrh
    November 21st, 2005, 02:38 PM
    I like 4



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  • eldrick
    07-31 05:27 PM
    Do you think it would be better if I would file another I-485 on my own? Sorry guys, I'm a little bit confused and worried right now. Thanks for your patience and help.





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  • jaxrad
    02-14 12:27 PM
    Bank denied a consumer loan ,after approval due to immigration status specifically they said no loan unless you are a citizen. i am a permanent resident , leaving in the US for over 15 years. Applying for naturalization this year. Also the same bank had approved a consumer loan 2 years ago and now they say "oh we made a mistake then". Case or no case? I think I have been discriminated against.



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  • psk79
    05-28 12:29 AM
    from my understanding it wil start right away.. which means we will loose some time overlapping between the EAD's.





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  • ivgclive
    05-02 08:31 AM
    I was on I-485 status on my EB3 application working on EAD. My I140 for Eb2 application got approved today while also requesting porting of priority date.

    I believe USCIS would have automatically switched the 485 application to use the new EB2 I-140 instead of old EB3-I140

    Now my question I am ready to renew my EAD. I wanted if there will be any problem with my EAD application since it is now transfered to an Eb2 position.

    My pririty date is still not current....

    EAD is based on a pending I-485, you should go ahead to renew your EAD (as you work in EAD, do not let it expire). Consult a lawyer, send additional documentation along with the package that you have done so-and-so transfer.



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  • jasmin45
    07-31 06:11 PM
    They also didn't ask me to sign form G28. Is this ok? Does this mean that receipt number will be mailed to me directly?
    G28 is to help attorney represent you. Since you mentioned that your employer deal with attorney on all of their employee cases, Attorney will not ask your G28. If you are paying the fees then you have all the rights to ask the status. If your employer is paying for 485, then you should politely ask your HR about the fate of your application. Attorney's may not even respond to your request as they have no established relationship with you but your employer.





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  • sameet
    06-26 04:48 PM
    My I-94 is expiring in a month. I have used Advance parole to enter US after a vacation about a year back. How do I renew my I-94 card? Does anybody know...

    I had the same issue when I travelled last year. My lawyer said we do not have to renew since AOS pending essentially allows you to stay till adjudication of the case is complete. He did however ask me to renew the EAD and AP.
    Just to clarify I have not used my EAD. Still on H1B.





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  • snathan
    08-25 10:54 PM
    Thank you for clarifying snathan. The company will definitely not do anything illegal, in fact it is the legality that is creating challenges. One other question came up today. If a qualified candidates applies for the job (PERM), does the company have to accept the candidate and let me go? All of these questions did not come up while filing EB3 but they are now concerned.

    Yes. thats the law.





    tanu_75
    02-09 03:43 AM
    The only diff b/w these illegals vs legals is education. These illegals r uneducated and dont fear law and can go to any extent as opposed to legals who're well educated. At the same time, the Tri-valley situation brings to the fore the credibility of educated indians too!!! All those students came to US "legally" but started violating the law from the word GO by working at Gas stations, Mc Donalds etc...to make ends meet. Infact some even got in very well knowing that it was not completely legal as the guy from the university who was bringing ppl was a desi who worked for the university and forged fake documents for the students.

    Overall, the Indian immigrant's image is at stake right now and this might lead to enforcing new laws against legal immigrants (read scrutiny, queries etc...)

    Spot on. Pretty sure at least some of the students were complicit, even though on the news everybody claims innocence. How hard is it to get information about a university in the Bay area, seriously? Everyone in India knows someone living in the Bay area. I guess if legal immigrants are getting involved in rackets like Trivalley, then it's logical that either the laws have to be enforced or they need to be changed.





    gc2
    09-17 11:05 AM
    thanks for your response. To clarify

    1. Company A wants me to goto EAD and not do H renewal. Company B is doing H transfer now. Say H transfer notice comes through in 2 months from now and i keep working for Company A (using EAD) untill 2nd Jan. In this time Company B will hold my H visa but i wont be joining them untill 2nd Jan. Thus i will work for company A from now to 2nd Jan on EAD and then switch to company B on H visa. Is this possible ?

    2. i did'nt realize that i cant pay for H renewal.

    Many thanks for your response.



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