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  • larryking
    10-23 07:30 PM
    Deall All,

    Thanks for your replies...i hope you gurus can shed some light into my situation:

    labor(EB3) priority date 18 jan07.
    I -140 has been approved june 25 2007.
    I - 485 ucsis filing date july 19th 2007
    EAD recvd Oct 16th 2007 valid till 3rd oct 2008
    fingerprinting scheduled nov 7th 2007
    H1 and H4 for me & my wife expires may 20th 2008

    Here are my questions:

    1. My present employer is under a divestiture process. Can i change employers as long as its a similar job? If so, do I apply for a H1 extension or should i work on EAD? (Note: I havent crossed the magical 180 days on the I-485 yet)

    2. I have not received my advance parole docs yet but im planning on visiting india in april-may 2008. Assuming i get my AP can i visit India and return to the states and be working for a different employer (company B) other than the original employer (company A) who was my employer when i applied for my I-140, I485 etc?

    3. Upon my return if the inspecting officer asks who the petitioner is/was do i tell them that, while i filed for the I-485 i was with company A but i am currently working for Company B? How do i handle this scenario?

    4. If I do find another job, but not a "similar" job, then I'd have to file labor again right? If thats the case, will the current I-140 still hold good? Can I file for a second labor while working on EAD / AP? I guess my question really is: Can i file for another labor under EB2 to expedite my priority date? Then can i use my old I-140 which has been approved? What about the I-485? do i need to apply another one?

    Thanks for your replies.




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  • lazycis
    12-25 09:12 PM
    Hello lazycis,

    I have a quick question. Many of our PD were current in July 2007. If our names are stuck in FBI name check for 2 yrs, can we file for WoM? Please advise. Many of us are under the impression that the our PD dates have to be current at the time of WoM and our namecheck should be stuck at FBI atleast for 1 year during which the PD date is current. In other words, the PD date should be current over a period of 12 months at the time of filing WoM.

    Q 2. Is there any limit countrywise, for issuing GC?

    Thanks in advance.

    If you are stuck in name check over a year and PD was current, you can file WOM. Add the Secretary of State (Rice) as a defendant. Check this order where the court ordered the government to issue visa numbers (!) to long-delayed AOS applicants.
    http://immigrationportal.com/showpost.php?p=1838094&postcount=14850

    Q2. Yes, see 8 USC 1151, 8 USC 1153. Check this thread for details.
    http://immigrationvoice.org/forum/showthread.php?t=16266




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  • optimystic
    03-20 01:46 PM
    I talk to USCIS CC/IO last week. She told me that it will take approx 90 days to assign my case to AO. So my case is still getting dust on room and not with officer. It's sucks but wait continue...
    PD: July 2001 (EB-3 India)
    RD: July 2nd 2007
    ND: Oct 10th 2007

    I have bigger problem to worry about. I am process of lay-off from employer whom I am working last 7 years. :)

    Oh..that hurts. I assume you will have to invoke AC21. All the best to you.

    90 more days? Which service center is your case located? I assume Texas? Did she explain whats the reason for the delay? Did she tell you about namecheck status? Are you planning on an Infopass? (sorry too many questions, but I think we are both on a similar boat )

    Looks like our PDs are very close to each other. Lets hope for the best.




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  • ananth_ramkrishnan
    10-14 10:51 AM
    I went for visa stamping in aug 2008 to mumbai consulate and was wearing a t-shirt and trousers. I did not have any problems and the person reviewing was cool and asked very simple questions and did not care for my dress.



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  • Gray_xx
    05-28 10:32 AM
    whatta ? I see such mess first time in my life




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  • moonlight
    06-20 12:54 PM
    Better check with your lawyer. Becuase when you apply for 485 and get approved your wife's H4 status becomes illegal. So don't know exactly about H1 or H4 on advanced parole. Lawyer is the best person for your case.



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  • kondur_007
    09-22 09:58 AM
    I have a pending I-485 application (EB-3) and effective Oct 1, my PD will be current. My application has been pending for more than six months already so I will be covered by AC21. I never worked for my sponsoring employer but will be as soon as I get my GC.

    I have a feeling that my green card is just around the corner. Spoke to my employer yesterday about my employment with them and it looks like they are changing their minds about hiring me.

    I am so worried. Anybody in the same situation? What do I do? Will I lose the green card?

    Well, you have two options:

    1. Use AC 21 (I am assuming your 140 is approved and 485 is filed more than 6 months ago) and move to another employer BEFORE the approval of GC. With this option, neither you nor your employer would have any obligation for the job after GC approval. Your AC 21 employer is now the "new permanent job" for you after GC approval.

    2. If you have good terms with the employer, ask them to hire you for at least 1-2 months after GC approval and then "fire" you. This way you would be safe. (it was not your fault but the employer fired you). Also if the employer does not pay salary mentioned in LC, you can leave them giving that reason (save the pay stubs for evidence later on, if asked for).

    3. If your employer simply do not offer you a job after the approval of GC, it still would not be yoru fault. In this scenario, likelyhood is that, you will be safe. However, this technically would be a sort of misrepresentation by the employer and on that grould USCIS can revoke your GC saying that "employer falsified the initial job offer and there was really no job ever for the position mentioned on LC". While this is a possibility it is a remote possibility.

    I would suggest option 1,2 and 3 in that order as "desirability" of your situation.

    Again I am not a lawyer, but this is what I can suggest as far as I know.

    Good Luck.




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  • krishmunn
    01-18 10:06 AM
    If it is a big company, the lawyer fees is not small, they charge about 15K for the whole process and if they add liquidation damages(marketing efforts), it might be bigger.
    Talk to them if you have not started work, you might just have to pay the H1B fees

    15K for filing H1 ?????



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  • perm2gc
    11-06 10:33 AM
    Dont Think only big companies will enforce NCA..now NCA's have become a source of revenue of consulting companies.If you are going to loose the case ,you will only pay their legal expenses.. Two of my friends are have done that and it took them 2 yrs of time and cool $30,000 dollars(from their own pockets) to settle at the end...

    So Dont be over confident.Pay few hundred dollars to good attorny and get his legal opinion.




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  • sabr
    09-18 03:37 PM
    If I work little less than 40 hrs will it be considered as part time? Can I use EAD at that time ?



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  • LostInGCProcess
    11-17 03:40 PM
    Hello Gurus,
    If I get my AP approved before I leave then NO Issues, I will again use my AP to re-enter USA in Feb 2009.

    But let's assume I don't get it Approved before I leave.

    a) Am I allowed to travel outside USA while my AP is Pending ?
    Yes, You can travel.

    b) If allowed, Can my AP get approved while I am outside US (i.e in India) ? Or will they Cancel my AP application?
    It is very unlikely they would cancel your AP

    c) I know I should get my H1B Visa stamping done while in India to re-enter on H1B Status. Do you see any problems that the consular officer/POE officer can create like
    why did I leave the country while my AP application is Pending ?
    No, you are perfectly alright to get H1B visa.
    Why are applying for H1B Visa while you could have used your AP?
    No, In fact applying for H1B is the right thing to do. Since you want to maintain your H status.

    ...




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  • gc_buddy
    01-08 07:36 PM
    He can send the I-94 to the nearest consulate by mail and a brief letter with all the details.

    My friend while leaving US he did not surrender the I-94 card. Actually he forgot it at home and the airlines allowed him to board plane without surrendering I-94. What should he do now? Guru's does any one have any experience with such situation? Please help



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  • manishcp
    09-21 07:00 PM
    Thanks for information.
    Manish




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  • sobers
    03-01 06:19 PM
    Look at what NumbersUSA has got to say about the effectiveness of its mass faxing/emailing strategy...

    -------------------------


    From: Roy Beck, President, NumbersUSA
    Date: Wednesday 1MAR06 5:30 p.m. EST


    Day 3-----Media confirm your calls/faxes making a difference in fighting Specter's amnesty


    YOUR CONTINUED PHONE CALLS AND FAXES ARE BRINGING PAIN TO SENATORS WHO WANTED TO PASS AN AMNESTY

    NEWS ITEM
    "Despite the breadth of interest groups
    advocating an expanded guest-worker program,
    the enforcement-only crowd makes considerably
    more noise on Capitol Hill, if the flood
    of mail, e-mail and phone calls to member
    offices is any indication."

    The power of what you are doing has been confirmed in a big story in The Hill newspaper. This daily publication is the community newspaper for the tens of thousands of people who work in congressional offices on Capitol Hill.

    It claims that the power of your phoning and faxing may be countering the power of the Chamber of Commerce, religious lobbies, ethnic lobbies, ACLU and cheap-labor corporations combined.

    With the Senate Judiciary Committee prepared to start tomorrow (Thursday) voting on amendments to the giant amnesty bill of its chairman, Sen. Specter, the newspaper stated that the open borders positions are supported by one of the largest and most powerful blocs of groups ever assembled.

    But the newspaper reported that you all may be more influential:

    "A handful of single-issue groups opposing
    the guest-worker program have effectively
    put the other side on the defensive since
    President Bush first announced his intentions
    to push comprehensive immigration reform, as
    evidenced by the administration's backtracking
    since Bush first proposed such a program in
    January 2004.

    "One of those groups, Numbers USA, has 135,000
    registered activists throughout the country and
    an e-mail list in excess of 1 million subscribers,
    all of whom have signed up voluntarily, said
    Caroline Espinosa, a spokeswoman for the group.
    A link on the Numbers USA website also allows browsers
    to fax a personal note to members of Congress in
    support of increased enforcement of illegal immigration."

    None of this changes the fact that most Senators want to have 2 million to 3 million foreign workers and their families being added to our laborforce and communities each year.

    But we are getting reports from the Hill and from many of you that many of them are starting to show some signs of concern about how their open-borders voting may affect their standing back home.

    We don't like being called "anti-immigration," but we like what the reporter said he found in talking to people in the Senate:

    "The anti-immigration crowd has political momentum
    at this stage in the fight, with congressional
    Republicans wary to cast any vote that could turn
    off their conservative base during this critical
    election year, but members will also have a hard
    time ignoring such a broad cross-section of business,
    labor and social groups with their own self-interested
    constituents."

    Now, if we could just get more Democratic Senators to start worrying about their base.

    Well, we got a little sign of hope on that front today. The AFL-CIO -- which is selling out its tradition and its American members by pushing an amnesty -- has come out against Specter's and McCain's amnesty bills because they have gigantic foreign guestworker programs. That gives hope that some Democratic Senators would vote against these bills. And it is doubtful that the Republican open-border Senators would vote for an amnesty that didn't include the guestworker provisions so sought by the Chamber of Commerce.

    PLEASE CHECK YOUR ACTION BUFFET AND KEEP MAKING YOUR PHONE CALLS AND SENDING YOUR FAXES

    What you have been doing is working. You have kept phones and fax machines ringing since first-thing Monday morning through this minute. Do not let up.

    Click here for actions to take.
    www.NumbersUSA.com/actionbuffet

    WATCH FOR BY-THE-MINUTE ALERTS ON THURSDAY AS WE ASK YOU TO REACT TO SENATORS IMMEDIATELY AFTER THEY TAKE BAD ACTIONS IN COMMITTEE

    Our seven-person Capitol Hill Team of professionals will be in the Committee Room and other key Capitol Hill locations all day assisting our six-person Website Team to provide you with updates and help in where your activism can do the most good.

    The reason you NumbersUSA activists are seen as the primary constituency pressure force on the Hill in pushing sensible immigration policies is because of the work that I know most of you will do tomorrow.
    GET ALL THE INFORMATION YOU NEED ABOUT THE SPECTER BILL AND THE ACTION IN THE SENATE

    Just go to our Hot Topics page, which has links for detailed analysis of the bill.

    http://numbersusa.com/hottopic/specterproposal.html

    Thanks for all you can do. And thanks for all the reports that you have been sending back to us on what you hear when you call. Our Capitol Team makes good use of your reports.

    DON'T LET UP,

    -- ROY

    If you have time, you might enjoy reading some more of The Hill article:

    "Numbers USA also does objective and subjective
    summaries of each bill introduced on the issue
    and notifies subscribers in advance of any
    important actions on Capitol Hill, such as this
    week's markup. As such, the group was expected to
    send an alert asking those supporters living in
    states represented by members of the Senate
    Judiciary Committee to call or fax their members
    in anticipation of that markup.

    "Battling with groups like Numbers USA is an
    uncommon experience for many members of the business
    community because they do not regularly work on
    such socially sensitive topics.

    "We don't usually end up on the other side of single-issue groups," Gay said. "That's unusual for us."

    * * * * *

    "The National Restaurant Association usually does not join forces with the National Council of La Raza, and the U.S. Chamber of Commerce rarely, if ever, aligns itself with the Conference of Catholic Bishops.

    "But those organizations and many others have come together in support of a comprehensive immigration-reform bill that would expand guest-worker programs and offer undocumented workers already in this country a path to citizenship. They are up against an aggressive cross-section of single-issue organizations that favor increased enforcement of immigration laws and have condemned any legislation that would allow undocumented workers already here eventually to become citizens.

    "With the Senate Judiciary Committee expected to mark up its version of the immigration bill Thursday, groups on either side of the issue have geared up for a hard fight, and the vehemence and intractability of either side should make compromise particularly difficult for lawmakers on Capitol Hill.

    "A unique coalition of divergent interest groups have rallied in support of a bill introduced by Sens. John McCain (R-Ariz.) and Edward Kennedy (D-Mass.).

    "he fact that the Chamber of Commerce needs comprehensive immigration reform is very good," said Flavia Jimenez, an outreach director for the National Council of La Raza, a Hispanic advocacy organization.

    "Members of the business community also appreciate working with groups such as La Raza because it allows the overarching coalition to communicate with Republicans and Democrats alike on Capitol Hill.

    "It's nice actually to get to work with these guys," said John Gay, a senior vice president for government affairs with the National Restaurant Association, which co-chairs the Essential Worker Immigration Coalition (EWIC), a group of more than 40 business and trade associations seeking comprehensive reform.

    "Because the many groups within this broad coalition have slightly different priorities, they must communicate regularly to push common themes. In the end, these organizations are all fighting for what they consider the best interests of their dues-paying members.

    "Despite the breadth of interest groups
    advocating an expanded guest-worker program,
    the enforcement-only crowd makes considerably
    more noise on Capitol Hill, if the flood
    of mail, e-mail and phone calls to member
    offices is any indication."


    This may be a good time for you to make sure that you've let us know all of the areas you are interested in. In order to further customize the type of alerts you receive click here http://www.numbersusa.com/survey?action=longlist

    As a NumbersUSA subscriber, you will receive occasional emails about immigration-related opportunities. If you want to increase or reduce the frequency of these emails, click here and choose from Total Activism, Moderate Activism, or Limited Activism at the bottom of your registration form: http://www.numbersusa.com/user

    NumbersUSA - relies upon individuals like you to reach its goal of an environmentally sustainable and economically just America.



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  • ash27
    04-01 06:08 PM
    At the time of adjudiciation, can we show permanent offer letter from any employer? For e.g. If 1 filed GC through Employer A. After receiving EAD, 1 switched to employer B. At the time of adjudiciation, can we use permanent offer letter from Employer C for Green Card.

    Any information will be highly appreciated.

    Thanks,
    Ashish




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  • talash
    11-19 01:08 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 .



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  • doceb2
    04-13 06:20 PM
    i also need the answet to this question , how should one respond if somebody gets rfe with different job




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  • larryking
    10-22 05:50 PM
    If I understand the visa bulletin right, EB#3 has 28.6% of the available visa numbers. If this is the case, is the 28.6% of the visas shared equally between the countries? And if they are shared equally between the countries, then do the applications get processed based on the priority date of the applicants for a given country?



    I am just trying to understand the sequence of events here.



    1. Divide total available visa numbers between EB1, EB2, EB3 etc resulting in 28% of visa numbers for EB3

    2. Divide that 28% of numbers from step 1, equally between all the countries including India, China, Mexico and Other countries etc�all getting an equal �X� number of visas.

    3. Once divided, start processing applications based on the priority date of the applicants for a given country. Which means, some countries may not be able to fulfill X number of visa numbers as they don�t have that many applicants Vs countries like India and China � their quota of X gets filled up in a hurry creating a back log?



    If this sequence is not correct � how else can they end up with unused visa numbers?? What is the importance of priority date?



    Thanks,

    Larry King




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  • raj3078
    08-23 10:57 AM
    Stop whining man.... What was done by whom and blah blah is not gonna make a difference... Look at the future.....Just so you know, I am MS holder from US too and I am least bothered by someone getting GC with BSc.... With the same token 1000s of people are getting GC just because their sister or brothers are in this country....and trust me ...Many of them are not even highschool grads.....So just get on with your life...

    Lastly, You came here as a student for studies I suppose or for getting GC? if you wanted to get a short cut to GC by being student for 2 yrs then thats a pity




    chanduv23
    11-09 09:36 PM
    People already sued USCIS couple of years back and lost the battle.Sad to hear about 15,000 people with their futures undecided.I also heard that many doctors are leaving US as they are unable to find a residency program.

    That is correct. In the last couple of years, FMGs from UK started applying for residency programmes in the US and they had an edge over FMG from India or Pakistan and there has been stringent competition. I have heard residencies rejecting FMGs with scores 99, 99, 99 in USMLE all steps on basis that though they have the best possible scores, they do not have clinical experience.

    There is a huge demand for doctors in underserved areas and the supply is far less than the demand but then very little is being done on this side.

    Paskal will know more on the politics involving physicians




    sury
    11-08 09:19 AM
    Many thanks for the information



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