Wednesday, June 15, 2011

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  • rolrblade
    06-26 08:44 AM
    Although you dont realize, in this case, you would be using AC21....Your I-140 is approved and I-485 pending for 180 days, and you are moving from your original GC sponsor to a different employer. That is AC21 for you! The part of law that allows you to port your GC from original GC sponsor to a different employer.

    Think of this scenario. You work for Company A on H1/L1. Company B sponsors your GC. You join B after you get your GC. In this case, there is no Ac21 involved. But in your case, according to my understanding, you would be invoking AC21.

    Thanks!

    I completely agree with gcisadawg. Technically you are invoking AC21 if after your GC is approved, you do not work for the petitioning employer. Also curious, as to why you wouldnt want to send in a letter for AC21, unless your job duties are not "Same or similar", in which case you run a bigger risk.





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  • gc_mania_03
    08-28 02:49 PM
    I am curious: What is Biographic page of Passport? Is it just the first page and the last page where you have all the info about you and home address etc...???

    My understanding is that it is first 4 and last 4 pages. (here pages include the inner hard cover side ).





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  • thuristic
    09-01 09:04 PM
    Thanks so much for your insights. If I migrate south bound again, I will probably not return to my current company as I am fed up being the designated work horse.

    I have permanent residencies in 4 countries including Canada and I am getting tired being victimized by the immigration system. Unless there is a systematic fix up or my PD becomes current, I plan to continue exploring opportunities else where.

    For ladies and gents who are already seeing the light at the end of their tunnels, I wish you the very best.

    cheers,





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  • marwan234
    10-09 09:04 PM
    not yet.



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  • frostrated
    08-18 12:56 PM
    Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
    Btw, i am on AOS if that is what was meant from my legal status..

    Thanks for all the responses to my thread so far..
    The employer can change the contents of the offer, as long as it does not affect the job functions. GC is just a by-product of the job offer. Since you no longer work for the employer, you do not have any basis for recouping the costs. If you are in AOS status, it requires that there by an underlying immigrant petition by an employer. In your case, the employer on your petition no longer employs you, and therefore, if you go by the book, you are not in legal status. Rather than try to get money from your old employer, I'd suggest that you look for an employer who will take over your GC process. If you keep pestering your prior employer, they can revoke your I-140, which then invalidates your EAD and your I-485 application. So tread with care.





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  • sertasheep
    06-30 04:33 PM
    How many of you are willing to share your name and full details of yourselves and application with the media and lawmakers?



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  • sircaustic
    07-20 12:43 AM
    good to hear that it worked out ok in your case!
    One Q: how long did it take for USCIS to get back to you with a confirmation that the MTR was accepted? [from the day you requested it]

    Well.I did not have to request for confirmation. My attorney received the letter the next day after I received the automated email. The online status for my case still shows as "Denial Notice Sent".:(





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  • go_guy123
    03-01 04:23 PM
    Friends,

    I have Canada PR since October 2006. In October this year I will complete 3 years since landing in Canada. The rule to maintain PR is that one should live in Canada for at least 2 years in a 5 year period. Since I have not lived in Canada more that a couple of weeks since landing, will I be allowed to move to Canada after completing 3 years outside Canada or will I be sent back from the border? Has anyone moved to Canada after living outside for more than 3 years since landing? Please advise.

    Thanks.


    At the end of expiry of the PR card that you get, you will need to renew it. At that time you need to show that you stayed for 2 years in Canada and when you cant show you lose the
    PR and cannot renew the PR card.



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  • beautifulMind
    11-27 04:31 PM
    to be fair to USCIS they did try to get out of the fiasco on july 1 by moving the dates back again Eventually they were forced to accept it again..

    They clearly knew this was cash cow so why did they want to cancel it in the first place..

    Its a lot of money and its definitely a lot of work as well..There are also no signs of hiring new stafff..most of extra cash they getting is being pumped into other gov projects so the staff is still being overworked and I am sure will be complaning





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  • resident1374
    02-03 09:59 AM
    Thank you for your help. I will definitely contact an attorney for my case. Hopefully, I will receive an approval without any hassle.



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  • pappu
    12-19 02:07 PM
    I thought that we should call one senator or(and) congressman every day.
    I guess IV core doesnt want to do it for some reason.
    We will use our community energies when it is needed and matters the most in the coming months. Pls. help us with other action items.





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  • Libra
    07-05 12:50 PM
    CNN is asking us to fix our(India) country first before asking for justice in this(USA) country..............

    http://www.cnn.com/2007/WORLD/asiapcf/07/05/damon.india.widows/index.html

    that is what CNN is doing now.........



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  • Googler
    02-20 08:15 PM
    Just food for thought. At this time there are 28600 EB1 visas. Most in the EB1 category are current or pretty close to it.

    As a matter of fact, EB-1 annual limit = 28.6% of 140K = 40,040 and it has been current for a while.





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  • waitingnwaiting
    10-05 10:34 AM
    I am planning to go to India with my family in december. Please suggest some tourist spots across India.
    Not the usual ones like tajmahal or gateway of india etc. Thank you.


    Your ID is offensive, TelanganaINDIA

    So here is a lesson for you
    Go to Calcutta and visit Missionaries of Charity. Donate some of your dollars there for a good cause.

    Then go to Bombay Dharavi slums.

    Then go to villages in India and live with poor.

    Your family will understand the reality of this world and become better human beings with you. Or they will think Andhra is a country and Andhrites are the only people in this world. It is typical of some Indians who only care and mix with their own state. (Begalis, Andhra, Marathi to name a few). India is declining due to such people who do not believe in being an Indian.



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  • vactorboy29
    02-19 06:55 PM
    Also, how USCIS knows I am working on EAD and not H1B (assuming I have valid EAD and H1B)

    If you change from h1b to EAD you have to file one form (name i forgot) and your employer will send it Immigration office.





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  • bank_king2003
    06-04 02:03 PM
    but in this case the H1b stamp on my passport is still valid and not expired.

    i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.

    port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....



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  • uma001
    07-21 06:47 PM
    OP (greenmonster)

    Read this thread, If you apply H1-H4 transfer it will be easy or go to india and get H4 there,
    http://immigrationvoice.org/forum/forum106-non-immigrant-visa/23801-urgent-help-on-h1-b-to-h4.html





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  • calif
    11-10 01:27 AM
    Have you done a fulltime MBA from India?

    I140 RD- March 02, 2007.
    RFE received date? - Aug. 16, 2007.
    EB2 or EB3? - Before RFE it was EB2 & requested EB2 change to EB3 while providing education evaluation in RFE response.

    Service center? - TSC





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  • masti_Gai
    03-09 01:10 PM
    If they are paying u for the 5 month gap, its not termination you are still on their pay rolls so u will have no problem coz u are gettin pay check for the 5 months. No need for LOA too if you have pay stubs





    Wendyzhu77
    09-29 07:17 PM
    I don't think you need to worry about the number on w2. Wages on W2 do NOT necessarily represent your actual wage. Lots of pre-tax deductions can be deducted from the W2 number, which means your W2 wage can be significantly much less than your actual wage. Your pay-stub will be a better evidence for your wage.
    Hi Everyone

    I got an RFE for my I140 filed in September 2006. They asked me to show my W2 for 2006 and also show that the employer had the ability to pay the offered wage in case my W2 is less than the offered wage.

    My W2 has 8k less than the offered wage. My company has not yet filed 2006 Taxes. Can you tell me whats the best thing to do? My employer has good revenue, but I guess he has been showing a net loss every year.

    Please help me out. Tell me if any of you have gone through similar issues.

    Thanks!





    rockstart
    08-12 01:35 PM
    There is a memo released by USCIS dated in 2008 that covers all these scenarios about 245(k). They have defined the condtions that can be defined as unlawful status, Unlawful presence and violation of status. So you need to look at what category you fall under. Also the only way to wipe out your previous violation is to Re-Enter on a valid VISA. Not AP not any other method but on a valid VISA.

    Once you do that the previous violations are wiped out and new accrue from last valid entry on VISA. Hope this helps. Please google for USCIS 245(k) memo for details



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