Saturday, June 18, 2011

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  • shutterbabe
    11-18 10:21 AM
    Biometrics is not needed for EAD. I received mine with "NO fingerprint available" marked on the card. Please call them back or get another infopass and this time, you might be lucky to talk to somone who knows what they are saying. Or just may be, they changed the rule on the fly a few days ago regarding biometrics and EAD.

    Hi, I didn't receive my EAD after the 90 days and my lawyer caller the customer service center and they told her that it hasn't been issued because I haven't gotten FPed for it even though I have gotten my FP done for the 485. Is this right? I have never heard of a separate FP needed for an EAD. I am really confused and despite several attempts to make an infopass appointment with the local office I keep getting "no appointments available" notice. My another question is can I get an appointment in an office that doesn't service the region? I live in Southern CT and New Rochelle, NY is the service center that I got my biometrics done and since I didn't get a date putting my own zip code in - I put New Rochelle's zip in it and it gave me openings in New York City. So, can I go see an officer in New York City even though that is not my local office?

    Please help, I need to get my EAD soon since my job is waiting for it.:confused:





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  • immigrationvoice1
    03-18 04:49 PM
    I checked with my employer's immigration department. They said, revoking I-140 is not mandated by law however, revoking H1B is. I-140 was revoked primarily by my employers during the labor substitution days to pass on the underlying labor for the I-140 to another consultant once the original consultant left the company.





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  • houston2005
    08-21 11:26 AM
    It is my turn to receive the "Notice mailed welcoming the new permanent resident" today. My depenedents are yet to receive this mail. This forum, Immigration-law, Immigration portal by Rajiv Khanna and many other immigration lawyers' websites like Murthy's etc were very useful to understand the immigration laws.
    I did everything myself (EB2-NIW - India) - I140, I485, AP and EAD and my PD (I140 RD) and I485 RD are 08-30-2005.
    I did make a one time conribution of $100.00 to IV.
    Thanks a lot. All the best to all.

    Congrats.

    Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.





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  • badluck
    06-22 09:41 AM
    TB test should be positive or nigative. does it make any different in immigration

    any responce



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  • ganguteli
    02-09 11:53 AM
    US experience won't count much unless you are from fortune 500 company. These days anyone even with Aptech certificate can get a chance to come and work in USA on L visa for short assignments. So if your experience is in a desi consulting firm, I do not think your resume will be attractive.

    The figures shown are all looking good for experienced people in good companies. But it is not easy to get jobs as senior people in top companies. Also remember you have to work much more than you work here. You also have to work on Saturdays in a lot of companies. If your clients are in USA you may also need work in the night too to interact with your people in USA. Also remember in small companies you rarely get to do cutting edge world class work or new idea or planning. You will hardly learn or get special trainings.

    Grass is always green on the other side





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  • snram4
    06-25 04:49 PM
    what you mean by qualified people? Are you expecting a dynamic person with master degree or above with more than 5 years
    but less than 10 years and those willing to work 16 hours a day and ready to relocate any time and for the QA analyst
    position with the pay range of 30 to 40K? Then you will never get except some unemployed H1bs. I am seeing so
    many unemployed Citizens/GCs/EAD and existing H1bs are available in USA. The slow movement of H1b cap shows that


    That's correct.
    There are many unemployed, but there are not many qualified willing people available.
    Trying hard to recruit IT people for a month. Hardly finding any.



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  • admin
    06-01 04:19 PM
    Question for Foks asking for a separate bill : I understand from Admins answer above , this may not be possible now.

    My question is , separting this from CIR will QUICKEN the proceedings with respect to our issues?

    Question for Admin : Was this poll started by IV?

    BTW I have voted in favor of a separate bill assuming it will quicken things. Thanks.


    This poll was started by one our forum members and not by the organizing committee.

    Repeating my answer, no Senator is even willing to talk to us regarding an alternate bill till the fate of CIR is sealed.

    Look at the necessary steps to pass a bill. We need to convince a senator, have the bill analyzed and discussed in the Senate Judiciary Committe, discussed and amended in the Senate Floor, passed in the Senate, convince a bunch of House Reps, get it introduced in the House, discussed in the House Judiciary Committee, discussed in the House, passed in the house. Only after all these steps will it be at the current stage as CIR.

    So which Senator do you think will be willing to do all of this and then find that CIR with most of the provisions has already been passed.





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  • CRAZYMONK
    08-16 03:26 PM
    There is not direct signed contract with the client and old employer. There are like 3 layers inbetween client and the old employer. old employer have contract with the middle vendor not the client.

    But, one problem is this old employer made me sign the Employee Agreement document when i was going for my visa stamping. He is using that Agreement and using it against me. And also in the offer letter which he gave me he said he will revise or increase my pay every 6 months but never did that and he didn't gave any medical benifits also.

    Thanks,
    Srikanth

    Srikanth,

    It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.

    Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.

    So don't worry.



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  • gauravster
    12-03 09:25 AM
    One more thing that you might look into is the vacations that you hae taken. Generally speaking, if you spend time outside the US, you can exclude that time from the H1B 6 year limit. So if you took an average of 2 week vacation every year, you could get about 12 additional weeks. So your H1B would expire closer to Dec end, instead of 30 Sep.

    You might need to provide documentation to prove this though. The additional time might be valuable nevertheless.





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  • webm
    04-21 02:24 PM
    I wanted to inform the community that our GC is finally approved... I just checked my email hoping against hope that I might see some good news and good news is what I saw...
    This is a tremendous relief to us.
    They have approved and ordered card production to myself and my spouse. But looks like they have not approved our son's GC. Hope they don't delay that last piece of processing any longer.

    Good luck to everybody else and hope you all the best.

    Congrats to you!! hopeful08



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  • saileshdude
    05-15 09:42 AM
    Mishras,

    If your case is genuinely true then you should not have a issue scanning the RFE as is and posting it . You can take out your name and personal info but leave everything else intact if you want to. Also did you contact IV members like Pappu if you really need help. If you indeed got this kind of RFE then you should not hesitate to contact them.





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  • gc_chahiye
    09-23 02:11 AM
    Gurus,

    Yesterday my lawyer received receipts for my spouse and kids (485/EAD/AP) but not for myself. Now my lawyer is insisting upon sending me the copies of the receipts and do not want to send me the originals. With respect to that I have following questions:

    1) Is that o.k having copies only or we should have originals? If we do not
    have originals what bad may happen?

    2) Either my lawyer or I have not received any of my receipts but we
    received all receipts of my family. Is this normal? How long should we wait
    for my receipts before contacting USCIS? By the way USCIS already gave
    me my all numbers for teh receipts and according to USCIS my receipts
    already mailed on Sept 14th. What would be advisable action for me in
    this case?

    3) None of the receipts of my family contain Priority Date. PD field is blank on all receipts. Is this O.K.?

    Thanks.

    - BharatPremi

    1. we also only have the copies of our receipts. Lawyers say the originals are property of the employer. Does not matter I think, as what we needed were the receipt numbers to track status, and a copy in case we communicate with USCIS (if we communicate with USCIS for something, we'll only include a copy of the receipt, dont need original). If you ever feel you need the original receipt (esp. of the 485) you can point them to the regulation that says you need original 485 receipt if you travel when you have AOS pending. there was a thread earlier on IV, and also lots of Google references:
    http://www.google.com/search?q=%22is+in+possession+of+the+original%22+tr avel+adjustment&sourceid=navclient-ff&ie=UTF-8&rlz=1B3GGGL_enUS230US230

    2. people have got receipts (even fingerprinting notices, appointments) weeks apart from their co-applicant. I would say hang on a week before you contact uscis.

    3. our receipt also had the PD field blank. Apparently thats normal



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  • Libra
    08-13 11:03 AM
    Members who became seniors on this forum, if you have contributed to IV so far, then can you guys put that in your signature, and junior members can you please think of contributing to IV.

    Contribute to IV and show your support.





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  • bigboy007
    12-10 04:23 PM
    Pay scale : My initial labor is approved with Company A with Payrange of 48K thereafter i am getting around 79K with the same employer and around the time when my 140 is applied and approved + 485 filed.

    Now new job with be around around payscale of 85k etc how does it effect ? based on following lines i used to get similar amount when my 140 is filed.

    PPL SAY


    The Yates Memo (2005) explained that a difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial, as long as the case meets occupational classification requirement. However, a significant discrepancy in salary may be a factor in determining whether the new job is "same or similar."



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  • desi3933
    07-20 04:53 PM
    I and my spouse both have green card. We have a kid who was born in INDIA. He has not visited USA till now. The kid is about 2 years.
    We are planning to bring the kid by end of this year to USA.
    So what visa should we apply for him we are not sure :confused:

    A friend told that he had a baby born to him in india and came to usa with in the 1st 6 month to USA and since both parents were having green card, at port of entry in USA, the kid also got greencard for 5 years this was couple of years back.

    But in my case, the kid is 2 years AND also not sure what is the procedure now. Is it still true by default the kids automatically gets the green card at port of entry (Is there any age limit I hope may be till < 13 yrs) if parents posses valid green card. Please help me in this situation.

    Thanks in advance, ;)

    Suject to certain conditions, children born abroad to permanent resident mothers are permanent residents. The requirements are that such a child must be brought to the U.S. on the mother's first return trip, and this trip must occur before the child is two years of age. I think, the child in this situation does not need a visa. Please check with your lawyer.

    The necessary paperwork is processed at the port of entry, based on the mother's permanent resident status and birth certificate for the child.


    ____________________
    Not a legal advice.





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  • dealsnet
    07-24 12:44 PM
    If your appeal for I-140 & I-485 in process, you are legal, and if you have unexpired EAD, you can work.

    If you have H1 renewed (less than 6 years) you can work irrespective of I-485 appeal result. If you are more than 6 years in H1B, you have to go back, if your appeal (MTR) is denied. (more than 6 years of extension is based on approved I-140)
    WHAT IS YOUR LAWYER'S OPINION ???
    I have question Need Urgent reply

    I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
    I have renewed my EAD and travel document before I485 denial

    my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
    can some some body help me understand this situation.



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  • krishnam70
    11-20 03:44 PM
    Hi friends ,
    Im planing to travell on AP in december .I have my H1 approved till 2010.
    I heard travelling with Emirates Air line may be a problem because they dont know about AP .Is that true ?
    2-what documents i need to have with me when comming back on AP ?
    Thanks for any inputs .

    Not true, every airline worth its salt knows about these immigration procedures and documentation required. Travelled via emirates twice on AP no issues. It is advisable to carry copies of all of your documents with you when you enter the US so that you can provide the same to the IO at the POE. Ofcourse you need to take the 2 orignals of the Advance Parole and present them. If it makes your case here are what i used to carry always
    - Letter of employment
    - ead copy
    - 485 receipt letter
    - bank statement 1-2 cycles
    - i-140 copy
    - l/c copy
    - passports :)

    good luck
    kris





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  • manderson
    11-09 08:57 AM
    unless you are a European on EB3.

    My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!





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  • Kitiara
    05-27 09:08 AM
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    abhisam
    01-07 06:31 PM
    Thanks Sanjay02.

    Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
    If I use new one(which is valid), isn't it in contra with AOS application?

    Has anyone faced this situation ?

    I would like to know the answer to this question too. does anybody know?

    also pkv..how many days did it take you to get the new passport?



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