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Friday, June 24, 2011

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  • Dhundhun
    07-10 01:43 AM
    .. X made appeal and you continued working with X. Why do you think this to be illegal?

    .. Y applied for H-1B transfer and it got approved. So why do you think problem in joining Y?

    .. I think passport validity of six months used to be OK for Visa Stamping. Check this one. Preferably it is better to get new passport - people are getting some times stuck for months in PIMS.

    .. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.





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  • jonty_11
    07-31 01:54 PM
    u have to file 140 for ur old labor..once that get approved....u can interfile the approved 140 onto ur pending 485..(filed with PERM labor/140) and request USCIS to use the PD of the old Labor/140...

    Confirm with lawyer...





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  • vactorboy29
    02-21 11:06 AM
    My son's PIO card and my renewed passport were arrived in less than two weeks time.
    Applications were put in at Chicago consulate on 24 Jan in person. We had received my renewed passport and PIO card in mail on 06 Feb.

    I would give five star feed back to Chicago consulate people.





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  • DDash
    10-27 10:18 PM
    Folks - everyday I go to sleep I wish that tomorrow the sun will rise in the west. When I wake up I see that nothing has changed.



    Why do you wish that Sun should rise in the west??? :eek:



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  • JunRN
    11-05 08:26 PM
    I guess one option is "follow-to-join". Go back to home country and apply for follow to join.

    But you should not miss that period when your PD becomes current. It usually takes one whole month for PD being current so I don't see a reason why they cannot file in time.





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  • visa_reval
    12-12 11:41 AM
    couldnt upload the pdf. Here's what you can do.

    1. Airport error. If an error on an I-94 was made by an immigration officer at the airport, upon the alien�s arrival in the United States, she may go to any deferred inspection site or to any port of entry to have the document corrected. These posts are controlled by Customs and Border Protection (CBP). The alien does not have to return to the same airport where the error originated.
    It is a better policy to try the nearest deferred inspection site first because these are usually more accessible than ports of entry. A list of deferred inspection sites, with hours of operation and telephone numbers, is provided on pages 5 - 8 of this RAPID Answers. A list of ports of entry is available on the website of Customs and Border Protection (CBP) at www.cbp.gov. Click on �Ports�. The alien or her representative should always telephone ahead to make arrangements. Some CBP offices at ports of entry may be inaccessible to walk-ins.

    Check with the nearest international airport to see if you can do a deferred inspection. Or else, they could point to an airport which can.



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  • Ennada
    01-13 10:21 AM
    Hello Immi Gurus,
    Our Division is in very bad situation and we are expecting some lay off's in next few weeks. I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far. following are my question:

    1) If I get laid off and my employer cancels the h1b, Am i out of status?

    2) Can they cancel my approved i 140?

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?

    Thanks so much for all your help, Thanks ...

    I was in the same boat in 2009. I got laid off in Feb without a job for 4 months and found a job in June. Had no problems from USCIS, no RFEs. My H1 was revoked. My employer said that they won't revoke 140 and is not required for them to do so. I used my EAD in my new job. And one fine day in Sept got my GC. It was a roller coaster ride that ended well. I hope and wish you get a job soon and GC soon too.

    In my opinion, you are OK. My understanding is that the rule says that you need to have a job at the time of adjudication of your GC.

    Good Luck.





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  • Ramba
    10-17 05:28 PM
    Hi,

    My LCA Job title is "Computer and Information Systems Manager" , O-net Job Code 11-3021.00. Can I take a job of "Computer Systems Engineers/Architects" , O-net Job Code 15-1099.02. Is it not considered as similar occupation?

    Thanks,

    In conservative view, though both are in same field, both are not similar occupation becuse one is "engineer" and other is "manager". Engineer skills and responsibilites and duties are different than manager. So it will not qualify to AC21 portability. For similar occupation classification, both should be in same family in Onet or it should have first 2 numbers in the code should be same.



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  • mdmd10
    08-03 01:31 PM
    My EB2 I-140 is pending at NSC since 1st May 2007. I have a PD of 5th May 2004, which is current as of August, but looks like until my I-140 is approved, I would still have to wait.





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  • raamskl
    07-22 12:28 PM
    Hi,

    What happens if a EAD is obtained for a person on a h4 visa and the person does not work or works partially? Is that an issue, like bench period being an issue while on H1.

    I am thinking that, that should not be an issue as one doesn't need a visa to get back to the country while on EAD, as AP would be available. And potentially bench period turns out to be an issue in H1 becoz consulates tend to look at ur W2's from previous years while u go for stamping, which wouldn't be the case while on EAD. Am I right?

    Would anyone know?,, bumping up.

    Thank you.



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  • samswas
    05-05 08:41 AM
    Can anyone, who traveled on AP without an original copy of I-485 - Please help!
    I'm traveling on AP, and I don't have the original I-485 receipt. I have a Copy of I-485 Receipt. My Original I-485 is with my attorney.
    I will be taking all 3 Original copies of I-131 (AP's) approved.
    Do I need the Original I-485?

    Any thoughts?





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  • saravanaraj.sathya
    07-26 10:52 AM
    I thot this amendment already was voted down..is it true or not?



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  • sekasi
    08-25 07:12 PM
    I want a smug smiley.

    Also, the 'mad' one, :m: looks more like a steaming bun than an angry face ; )





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  • smc
    07-26 12:47 PM
    This looks like he is trying it again. The older one (which was defeated) was Amendment 2339 of HR 2669, which was defeated on 7/19. This is Amendment 2428 of HR 2638 (which they are currently debating) and has a date of 7/25.

    Hope it passes this time.



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  • sayantan76
    07-08 10:39 PM
    this is BS.

    The interests of indian citizens resident in the USA (all decent taxpayers) are not being taken care of by the US political system. There is a clear pattern of exploitation by employers and neglect by CIS, FBI and others.

    In this situation, the interests of Indian citizens should be taken up by the Indian parliament. If they want to shy away from their duty, it should be taken up by the UN.
    As far as I know - a large number of us in the USA do not need to pay Indian taxes on our US income.......unlike USA - Govt of India does not tax its overseas citizens' foreign income......(for that matter GC holders are also liable to pay US taxes when they are outside USA).

    Under these circumstances and the fact the Govt of India has much more serious issues on hand- I find it very selfish to go ask for their help for a set of relatively well to do, highly educated professionals working for mostly personal gains outside their motherland.......

    Its one thing GoI stepping in against exploitation of labor in middle east or advocating for med students in UK - most of us are established professionals who have consciously chosen our battles - we should not shy away from those battles and suddenly ask for motherland's help.....

    BTW - I am in the same boat......actually a bit worse perhaps..since I am filed under EB1 and was current till last month and only 2 months or so away from GC before current bulletin......





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  • adibhatla
    07-21 02:49 PM
    Has the legal name of your company changed in the recent times. It happened in my case (used to work for a big 4 firm), the I-140 petition was filed with the name "123 extended business services LLC". Later the company lawyers applied another I-140 was filed with a name of "123 Consulting extended business services". Both my I-140's got approved within a gap of 3 months.



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  • ski_dude12
    08-10 11:43 AM
    Do you think USCIS cares who pays for it or where someone lives as long as the check goes through?





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  • simple1
    05-11 02:20 PM
    I already did, thanks.

    Kindly note:
    This thread is a question to Lawyer requesting advice from IV forum attorney.

    This is not the original thread for member / donor discussion.
    Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
    Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449#post340449

    http://www.visalaw.com/teleconform.html

    Please post and email this question at the above teleconf..

    I already did.





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  • prioritydate
    09-21 11:45 PM
    I was in a consulting field with employer taking 30% and me getting 70%.

    He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.

    My question is why not he acted immediately after knowing the error?
    Why should I pay for somebody's mistake?
    Am I going to get any tax benefit now?
    Why not he deducted single penny in last 2 months before I left?
    I didn't sign any paper to pay him back over a period neither did he come up with any plan.

    All this proves that he agreed to waive off while I was working for him.


    In my view, it is his mistake. I am seriously think that he is lieing to you. First of all, deduction 400$ biweekly is too much. You didn't specified if you have any dependents. If you are single, then he is really lieing to you. I say just file a complaint with DOL in your home state.





    lostinbeta
    10-16 05:09 PM
    No problem :)





    raysaikat
    01-10 10:08 AM
    No I am not a research fellow. Just Telecomm Engineer who has Master's Degree from US. I just interpreted Research Item in 221G Green Document as my Thesis work and explained it in the research statement along with the other documents.

    D

    That probably was unnecessary and may triggered the additional check due to export control of high end researches.



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