Friday, June 24, 2011

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  • kuhelica2000
    10-18 08:58 PM
    Did you have to change your address while you switched jo?. And if you had changed address, did you inform USCIS. I am trying to find out if address chnge is what triggers RFE for job switch. Also were you on H1B or using EAD with previous employer.

    I changed jobs early this year with a 20% pay cut and with different titles and with different client type (private vs public). Got GC last month. No RFEs. I did not inform USCIS.

    Before switching jobs, I checked with my attorney and made sure that I am covered, made sure that my previous employer will not revoke my approved I-140 and made sure that my current employer will cooperate with the process. Last month my GC got approved.

    Good luck.




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  • immi_2006
    10-09 10:47 AM
    Which document to produce for people on EAD and AP?




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  • vjkypally
    01-26 05:01 PM
    bump




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  • bhatt
    11-21 04:54 PM
    http://cli.gs/De4Z4u

    BTW, what's scary about this memo..

    Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.

    Thanks Chris for sharing this info
    This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.

    It Might be useful for them to get an idea about how many are pending based on the current priority dates. Hope that it will help them to set the visa date for the continueing month instead putting a random number for the cutoff dates.



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  • copsmart
    02-01 09:15 AM
    The worst meter I have ever seen is the Chennai Auto rickshaw meter. :D
    Your electric meter is much tampered than that! Congratulations!!! Your meter broke the record!

    BTW, did you check the meter reading?
    The guy who collected the reading might have noted a wrong number. Probably, he noted the numbers from the adjacent meter. :)




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  • krishna_brc
    07-11 05:47 PM
    Thanks a lot for your valuable input.

    But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?

    Please let me know.

    Thanks for all your input in advance.

    I believe as long as you are getting paid a salary which is greater or equal to what was mentioned in Labor/140 you should be fine.
    There will not be question of Ability to Pay as you will getting paid at the time of RFE and size of the company doesn't matter.



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  • saint_2010
    06-25 02:01 PM
    Wow...we have a winner...HOME DIGITAL photos are way to go...
    I have already used this for my Indian passport renewal...they never objected...Thanks for the input guys.




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  • GC_ASP
    07-20 07:39 AM
    If u r not married, its better to change the job using H1b transfer and use Ac21portability to continue the GC process ( new job should be similar). You don't have to use EAD. Once you start using ur EAD, you loose ur H1B status automatically and it would be hard to bring your wife on H4.

    Here are the answers for ur three questions.

    1. Your 485 will be in good standing as long as you change the job after 180 days of 485 receipt. You don't need any support from your ex-employer. But make sure your I-140 is approved before you leave and try to get the copy of it. If you leave before 140 approval, employer can revoke it and then your 485 will be denied. So chage the job after 180 days of 485 receipt using H1b transfer. (When using Ac21 portabilty you can inform USCIS proactively or wait for the RFE.) Don't use EAD if you are not married.

    2. I think you can get H1B extension using 140 approval.

    3.Yes, your wife can file the 485 when the PD is current. Her H1b doesn't have any effect on this.

    I hope I answered the all your questions.

    one misconception in the immigration community is that you need to use AC21 and EAD to change the job. This is not true. You don't have to use EAD to change the job. People use EAD just to avoid H1b transfer and other stuff.

    Never use AP if you are unmarried.

    This information is based on my research on this issue. For more accurate info, please contact the attorney!!!!



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  • hsd31
    05-12 10:04 AM
    Please search the forums. This has been discussed multiple times (and frowned upon by some multiple times :)). The gist of it is: it is not your qualifications, but the Job requirements that determine if it is EB2 or EB3. Also, you cannot count the experience you have gained with your employer when filing for GC with the same employer. Moreover, since the July 07 fiasco, EB2 filings for tech jobs are been closely looked at by USCIS and can be subject to a Business Necessity RFE, unless the position is on the Managerial side of things. The best advice I can give you is: Consult with your lawyer since each case is unique and there could be justification for a port in certain cases.




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  • bmoni
    08-19 09:25 PM
    Thanks LT. I have to be in india for a wedding in the second week of sept. I thought being valid is good enough. Where did you find the six month passport validity needed for travel. I can get it renewed while I'm in India but I'm not sure how long it will get it to be renewed in India. I'm planning to be in India for three weeks. Thanks again.



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  • fromnaija
    07-30 10:20 PM
    This is insane and scary at the same time. So, the child will have to depart the US at that time as he will no longer be able to get any valid non-immigrant visa (except probably an H1). As immigration intent has been expressed such a child will not be able to get F-1 visa. I would have to research this further as the prospect of my child having to depart the US after the rest of the family gets a GC is just too much for me to bear at this time! I'll pose the question to my lawyer and hear her opinion.

    Yes assuming after the deduction of the time it took to adjudicate the I140 the child is still over 21. If this occurs the childs application will automatically be transferred to the respective family based category and processed that way and we know how long the waits are for those dates to become current.




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  • jnraajan
    03-27 11:56 AM
    I am celebrating the good news from IV by pledging $100 to IV. Any one care to up the ante on this?

    My Receipt ID: 54118296K6578915K



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  • ujjvalkoul
    06-30 05:10 PM
    IT is a shady practice, if you file for a completely different person, file a new application. How come you can jump the line.?




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  • ashkam
    06-25 11:35 AM
    The question is, did you earn any money at all in 2007? The information you provided is a bit vague, in one place you say you received paychecks till December 15 2007, in another place you say you did not get paid in 2007. It is simple really, if you did not earn any money in 2007, then you do not have to add your W2 to your tax returns. If you did earn money in 2007, then the company has to supply you with a W2.

    Of course, not earning any money in 2007, while keeping you okay with respect to the IRS, might get you in trouble with the USCIS.



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  • burnt
    06-21 10:34 PM
    Instead of entering (c)(09) on the EAD renewal form, I entered (c)(0)(9). Friends please let me know if this is going to cause any issue for my EAD application?




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  • GCStatus
    09-03 10:26 PM
    My PD is current - Going for consular processing a good idea?



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  • immuser
    11-01 06:26 PM
    I have seen many discussions were people talk about going to Canada, UK etc.

    It is good to know what your options are other than US.




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  • krishmunn
    05-25 10:49 AM
    I have I 797 valid til July 2011. Stamp is valid for same time. but my passport was expiring in June 2011 so I got I -94 valid until Nov 2010. My company is planing to apply for ext soon so I will get new I 797. with labor and I 140 approved I am hoping to get 1 or 3 years ext.

    Anyway so I will get ext from Nov 2010 to atleast Nov 2011. ( Worst case if I get one year only). I am full time with this company and never changed company in last 5 years. So my question is if I get new I 797 in Nov 2011, and old stamp which is valid until July 2011 can I travel india and come back with old stamp , new I 797 and new passport ?

    everything is from same company. Or Do I need to get new stamp since I will get new I 797 ?

    I am in the same boat -- I am travelling with new 797 and old stamp (expiring within 10 days of my return).
    I have checked with a number of attorneys (including Rajiv Khanna) and everybody says I will get a new I-94 based on new 797.

    Also visited local CBP office (airport). I explained the question and if I will get a I-94 per my Approved 797 end date or per visa end date. The CBP guy just asked if I am with same company or changed company. When I replied I am with same company he just said "You are all set" --- whatever that means !




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  • hpandey
    06-09 09:10 AM
    Really sorry to hear about your loss . You do not need a visa to go back to India. Only to come in. The I-94 is important if planning to come back since you have to submit it while leaving to show that you left while still within the legal period.


    P.S - Can you change your subject line to " Stolen ..... " . There is no word called Thefted .




    FinalGC
    04-28 09:00 AM
    That is encouraging news, after heari ng all bad news of people getting stopped and being sent back........




    pappu
    12-16 01:25 PM
    There is a possible solution to this. I do not wish to post it as everyone may try to misuse that route and thus block the avenue for deserving people. If you have been denied, you can contact IV.



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