Sunday, June 19, 2011

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  • map_boiler
    07-05 04:52 PM
    If your labor cert contains language such as "...may work at one or more unanticipated locations", you should be fine with no need to re-start the GC process.

    However, I would check with an attorney to be on the safe side.

    Gurus, need a lil help clarifying issue in GC process.

    I've a question regarding location of work place for a H1B employee filing GC process.

    I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.

    Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.

    If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.

    I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.

    Thanks in advance.




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  • coopheal
    11-08 04:27 PM
    get real man... 655K is lot of applications
    just by plain math these will be done in Five years. If you add name check and other stuff this may be even more.
    Also this time is on the top of what we have already waited for till now.

    When USCIS isnt even providing simple meaningful reports (seperate EB 485 numbers) working with these random statistics is total waste.

    If this 655K number of AOS is true, then the number of pending EB AOS is NOT big.

    The total number of pending AOS in June, right before the July VB fiasco, is 597K.

    Because DOS controls FB cut off date pretty well, we don�t expect receiving spike and approving spike for FB cases in July VB fiasco. In another word, the number of FB received cases and the number of FB approved cases
    should be about same.

    EB pending cases in September only grows (655K-597K= 58K) compared with the number in June.

    This 58K cases probably are evenly distributed from 2001 to 2007, roughly10K
    every year.

    So, we should see big jump in EB Visa bulletin, since there are no BEC, 245i excuses any more and all the cases are in the hand of USCIS.




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  • FredG
    August 27th, 2004, 08:57 AM
    I'm with Don.. although I have a camera in phone, it's got less resolution that a hungover coke bottle dipped in vaseline jelly peering through the polar ice cap after a three night binge on beer, whisky and crack. ...
    resolution lower than a cockroaches left testicle and more shakey than a sneezing 99 year old geriatric having a seisure.....Rob, What have you been eating? :D




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  • BPforGC
    07-15 10:24 AM
    I am in Houston and if you plan to organize a rally, I am in.

    I believe by the end of this fiasco, Emilio Gonzalez will resign. This will definitely get more attention and lead to more reforms in EB category.

    Guys, its plain and simple. Without techies and scientists like us, they know, that US cannot be world's technological superpower. Period.



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  • Hermione
    10-02 12:34 PM
    My wife has a non-working SSN. Will she need to convert it (or apply for a new SSN) to working SSN once she starts working persuant to EAD?

    Do you mean ITIN or an SSN with a statement underneath? If it is ITIN, then she would need to apply for the real SSN. If it has the statement 'Not valid for employement' then she may get one, too, it would read 'Valid for employment with USCIS authorization'.




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  • Appu
    04-06 10:33 PM
    If the Senate passes an immigration bill, it will be vastly different from the measure the House passed on Dec. 16. The two versions would have to be reconciled if a bill is to get to the president to sign. A bill can be virtually rewritten at this stage.


    That's the whole point. There are a lot of moderate republicans who would vote with the dems in the senate on the legalization provisions. If they can get 60+ votes, that would send a strong signal to the house - they would then negotiate away from the Sensenbrenner position. On the other hand, if Kyl and Sessions and Cornyn are all allowed to chip away at the senate bill and weaken the vote in the senate then the final bill will probably end up much closer to the Sensenbrenner version. When Reid says the WH should intervene, he is probably not baiting, just seeking help.



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  • H1BLegal95
    05-30 01:19 PM
    According to this bill in current form the nonimmigrant should have filed for an immigration peition and the petition should be pending for > 365 days. If not he wont qualify for an extension.

    However nothing is said about if the I140 process itself will continue when the H1 leaves the country (provide employer is still wants the H1b) and he can file for an extension after his I 140 is approved?

    My H1 is due for renewal in Sep 2007. My I140 was filed in Feb 2007. So they wont give me a H1 extension to Sep 2008 since my I140 is pending < 365 days ??




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  • Chicago Desi
    10-18 11:45 AM
    sorry to hear this. There are several instances where employers have been callous or did not take adequate interest in filing the application. My experience with lawyers is also the same, especially if the lawyer is hired by the company. I would suggest members who are yet to hire an attorney to hire their own attorney instead of going with the company attorney. a company attorney will only work in the interest of the company. if you dont have a choice in this matter, then also hire your own attorney as a consultant and run each and every document by him before it is submitted to the authorities. It will keep you safe from such irregularities. Some extra money spent on having your own lawyer as a consultant is always helpful.

    In your case i recommended seeking advice from multiple lawyers. submit your question to our attorney- sonal verma for the confrence call. legal advice for IV members is free in these conference calls. In future try to be on top of things wth HR with your application and be aware of all documents and proccedures instead of depending on HR and lawyers. I am sure there must be a way your situation can be sorted out. good luck.

    --- Very good advice. I have burnt through 'company's lawyer', who is a very good one but since was hired by my employer, acted in their favor and screwed my gc. :mad:



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  • sanju
    02-05 03:58 PM
    Cris,

    I just called teh number and was able to talk to the officer.. he said the case under review.. means.. Any idea.

    Thanks again.

    I guess, thats what Chris was asking :D




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  • Green.Tech
    08-05 10:42 PM
    HR policy says this....
    "An employee who resigns before completing one year with G Inc from the date of obtaining the Green Card or during the application process will have to pay USD 7500 towards reimbursement of processing costs"

    I am leaving them using AC21.... but I am paying this money...

    I suppose its valid contract....

    why mess-up you Labor......

    Thanks for your comments. In your case, they are asking you to stay for at least a year after they begin your GC or else reimburse unlike other companies that say that you will have to reimburse no matter when you decide to leave the company.

    I do understand the fact that there are contracts out there but my points are:

    1) Can the company ask us to reimburse them for the labor cert fee (via a contract) - application and legal, especially since DOL requires the company to pay those dues?

    2) Can the company ask us to reimburse them for ALL fee including application fee, which again is something that they are responsible for?



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  • saileshdude
    07-21 06:41 PM
    In rare cases RFE has been issued. My doc also wrote that I need to follow-up with my PCP for INH treatment on my medical form. I visited my PCP and they sent me to a Infectious Disease specialist. The ID specialist said that there is no urgency for treatment although it is recommended to have the treatment. But said I can my take my own time to think if I need to go through the treatment.
    Asked what if USCIS sends an RFE, the ID said that they usually do not ask for it for younger people but for someone over 50 , they may ask. In any case he said if I received any RFE he was willing to provide me a letter that INH treatment is not urgently needed.




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  • laborpains
    03-18 08:21 AM
    Isn't EAD for unrestricted employment as long as your primary job is similar to what was in the labor application?

    What if the one's priority date becomes current and USCIS asks for proof of employment? Wouldn't the application be denied?


    Hello,

    My 2-cents:

    1. Your EAD is for unrestricted employment till the AOS is resolved (so, it is not tied to your labor petition)

    2. Your AP is a travel document to allow you to travel while AOS is pending (again, not tied to employment)

    As such, for all legal purposes, you should be able to pursue education full time. However, any IO at entry post has authority to ask you questions beyond what is legally required, which many a times, includes 'are you still employed with the petitioner'.

    This is the tricky part... if the IO has good knowledge of the laws, he would let you in 'cause your petition is for the future job, but a wrong IO can twist and turn the laws to suit his/her point of view and land you in unnecessary trouble.

    However, in 99% of the cases, the trouble may mean a few more anxious hours at the port of entry and nothing more. Hope you are able to pursue your education, all the best! :)



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  • logiclife
    04-02 10:15 AM
    Somehow prove that you were undocumented(illegal) before Jan 2004 to claim that benefit.

    If you were legally present and have always been legal then the benefit does not apply and you have to wait for your turn in the line for greencard.




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  • hibhagya
    05-15 12:03 PM
    Great job and hope the current immigrations bill will pass this year.



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  • vandanaverdia
    11-14 10:15 PM
    bump




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  • looivy
    11-19 02:06 PM
    I have H1B visa stamp on passport with my old employer and I have AP, EAD and H1 approval with my new employer. I am planning to travel to India in December. If I use AP on my way back, does that annul my H1 approval with new employer. Pl advise.



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  • yabadaba
    07-13 02:24 PM
    hilarious...my last post was 711

    go apu!




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  • linuxra
    07-22 11:56 AM
    I submitted RFE with all necessary documents from my side everything is ok...
    i got an email that my docs recieved and rfe docs recieved...
    thats it nothing recieved after that and my pd is current next month




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  • sintax321
    05-28 02:56 AM
    Soul you jsut wasted 10 min of my life waiting for your transitons........Good Job!!!

    The most beutiful ugly site ever.




    NKR
    09-21 01:18 AM
    Confused ...i think GC stands for Great Confusion
    Came in 2001....PD 2003......EB3

    Will I ever get my GC? What is it anyway?

    When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".




    srkamath
    07-12 08:52 PM
    Our Current EAD is expiring on 10/01/2008. So we had applied for extension in june. On july 7th our application was approved and today we recieved our EAD cards. I was expecting a one year extension , which is until 10/01/2009. But USCIS send us ead cards that will expire on 01/01/2009.

    What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?

    Service center is nebraska

    Just wondering - it may mean that the USCIS expects to finish processing your case by then !!!!!!



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