Monday, June 13, 2011

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  • jungalee43
    03-05 11:47 AM
    Our friend from AL: - "interested in SAVE act". He wants to see it move in House.
    Looks like there would be some debate. This way or that.
    All the talk about Illegals. So nothing that they discuss apply to us. Though I missed something, they are not saying a word against us.





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  • little_willy
    09-27 01:24 PM
    The priority dates cannot be ported during the I-140 stage. This can be done only during 485 filing where in you have two I-140s approved and a request can be made to use the earlier priority date.





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  • aperregatturv
    05-06 02:32 PM
    Congrats..

    Hey guys I got the mail today! I'm sooo happy!

    Thanks everybody that replied!





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  • kaarmaa
    10-12 05:09 PM
    I saw this article about eliminating the diversity visa program and using those numbers for EB categories.

    Link to Article (http://thomas.loc.gov/cgi-bin/query/z?c111:H.R.3687:)

    Will this do us any good?

    Thanks



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  • desi485
    07-26 07:30 PM
    These Immigration lawyers should all be rounded up and publicly FLOGGED to stop them from making such BLUNDERS!! :p

    we should go to consumer court and ask attorney to refund money as he/she did not provided services properly and made mistakes. Why should one pay?





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  • veni001
    06-18 01:54 PM
    Once you are able/eligible to use AC21 you are safe!

    Thanks Veni001. Yes, I did file for AC-21 when I changed my employer. Are there chances of my old I-140 cancelling even after fillinf for AC-21?

    Thanks...



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  • amit_sp
    08-27 09:04 AM
    Cleopatra is absolutely right. You could use the job experience from your existing employer if your new responsibilities are 50% different than the old one. I have spoken with my company lawyer and he was the one who provided me this info.





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  • waitin_toolong
    10-26 12:49 PM
    her I-485 was filed befoer Oct 1st and she plans to use EAD. She need not have worked a single day or earned a single paycheck. She can enter using AP or H4.
    Withdrawing H1 is a good gesture thats all.



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  • kvrr
    03-20 04:59 PM
    Here is the link from USCIS website:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=34dd9b5d82420210VgnVCM1000004718190aRCR D&vgnextchannel=e7d696cfcd6ff110VgnVCM1000004718190a RCRD





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  • sanju
    11-27 11:36 PM
    Hi,

    My employer "ABC" (Consultancy) based in Ohio made me sign a Cognovit Promissory Note for 'X' amount ( where 'X' is a pretty large amount) on my arrival to US on H1-B visa earlier this year. I've been associated with him for less than an year now.

    Question:
    Does this note have any significance according to US law, esp. Ohio?
    If I plan to move from this consultancy, can this note be held as a Legal Document and any legal action taken against me based on this note?

    What is my way out of this?

    I would be highly obliged if anyone can provide any help on this matter.

    Regards
    Chint001

    If he goes to court with that promissory note, you can file lawsuit in labor court saying that he is exploiting you and making you hostage of the promissory note. If challenged in court, the judge will throw out that promissory note as the employer used his power over you to sign that agreement. If there is any pressure used to make someone sign a document, the validity of that document can be challenged. Also, exploitation lawsuit will expose your employer to summons and checks from USCIS and DOL, which basically means close of business.

    If I were you, this is what I would do. Consult an attorney in Labor law domain and ask him to represent you. Find another employer, change the H1, then tell your lawyer to call this employer for exploitation charges. It is possible that you may be able to get damages and compensation for exploitation.



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  • angelfire76
    03-21 09:59 PM
    "USCIS said EAWA applies to any Labour Condition Application (LCA) and/or H-1B petition filed on or after February 17, involving any employment by a new employer, including concurrent employment and regardless of whether the beneficiary is already in H-1B status."

    Is "employment by a new employer" H1B transfer? What does "concurrent employment" mean?

    Current employees of TARP banks who need to extend their H1B status.





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  • HV000
    10-13 11:07 AM
    Here's the extract from the Transcript of Oral Testimony by Bill Gates to the senate

    http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx

    SEN. GREGG: We also have something called a lottery system, which allows 50,000 people in the country, simply because they win a lottery, and they could be a truck driver from the Ukraine. And last year I offered an amendment, which would have taken that system and required 60 percent of those to be people with advanced degrees in order to participate in the lottery, so you'd have to be a physicist from the Ukraine before you could win the lottery. Do you think that would be a better approach maybe?

    BILL GATES: Well, I don't � I'm not an expert on the various categories that exist, and I don't actually know that lottery system. I know the engineers at Microsoft, nobody comes up to me and says, "Hey, I won this lottery."

    Its so FRUSTRATING to see that people in Congress are sooo IGNORANT!!
    Unfortunately, we are caught between the partisan politics of DEMOCRATS and REPUBLICANS..



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  • snathan
    12-09 10:51 AM
    Dream Act 'Motion to proceed' passes with 59 to 40 votes.

    It goes for cloture vote, which require 60 votes.

    Is there any hope for us...





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  • perm2gc
    08-30 12:53 PM
    I think for EB2 it is appx 113K USD when GC is approved.It depends on your state wages...



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  • sands_14
    04-04 02:01 PM
    I e-filed,got my EAD in 2 months,AP in 5 months
    My wife efiled,got EAD and AP in 5 months.

    We went for FP for sure!


    So it can be a long process even when you efile.
    All you need is luck:)





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  • glus
    11-19 01:06 PM
    Hi All,

    My wife entered US on H4 Visa. Her H4 is valid until Oct 2009. Last year, she got her EAD and started working on EAD. If she has to travel out of the country and come back, can she do it on H4 until 2009 or will she need an AP now that she has used her EAD..

    Could anyone please share..Apologies if this is a repeat. Could not find any info on the forums.

    Generally speaking, it is always better to re-enter on nonimmigrant visa than on AP. This is because when one re-enters on non-immigrant visa, one receives a non-immigrant status, which is great. H4 is not dependent on EAD or vice versa. Remember, to loose H4 visa status you need to brake immigration law or do something that violates the immigration law. Technically speaking, if one works on EAD, one does not brake any law due to the EAD being valid. So yes, she can re-enter on h4, receiving H-4 status, and still work as long as EAD is valid. This is a gray area, but as per my attorney it is allowable due to the vague nature of the INA (Immigration and Naturalization Act), which states, that one looses non-immigrant status when one "works without authorization." However, think about it. If one is on H-4, one works on EAD at the same time, one does not loose non-immigrant status because such a person performs "authorized employment" through valid EAD.
    Regards,



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  • LONGGCQUE
    05-16 09:42 AM
    what you got from is correct. Here is info from Ron's article in which he refers FAM's and INA clause. This is a copy paste from Ron's article. Do check with your lawyer before proceeding. I am getting a Non avail of birth cert from India and then adding two affidavits from parents in my wife's case.

    +++++++++
    Often, applicants will find that they are unable to produce required supporting documents. The immigration regulations specify how applicants may deal with unavailable documents:

    �8 CFR 103.2(b)(2)(ii) Demonstrating that a record is not available. Where a record does not exist, the applicant or petitioner must submit an original written statement on government letterhead establishing this from the relevant government or other authority. The statement must indicate the reason the record does not exist, and indicate whether similar records for the time and place are available. However, a certification from an appropriate foreign government that a document does not exist is not required where the Department of State's Foreign Affairs Manual indicates this type of document generally does not exist. An applicant or petitioner who has not been able to acquire the necessary document or statement from the relevant foreign authority may submit evidence that repeated good faith attempts were made to obtain the required document or statement. However, where the USCIS finds that such documents or statements are generally available, it may require that the applicant or petitioner submit the required document or statement.�


    The following advice from the Department of State�s Foreign Affairs Manual with respect to a missing birth recordis typical:

    �In cases where birth certificates from the authorities are unavailable or contain insufficient information regarding the birth or the parents, a sworn affidavit executed by either the parents, if living, or other close relatives older than the applicant, may be submitted. It should set forth the relationship between the deponent and the applicant, how well the deponent knows the applicant, date and place of the applicant's birth, the names of both parents, and any other related facts. Such an affidavit, when a birth certificate is unavailable, should be accompanied by a document from a competent governmental authority confirming that the certificate does not exist, or no longer exists.�


    The following, also from the FAM, is typical advice regarding an unregistered marriage:

    �If the marriage has not been officially registered, then two sworn affidavits giving the names, dates and places of birth of the bride and groom, and the date and place of marriage, as well as the names of the parents of both parties are acceptable. The affidavits must be executed by one of the parents of each party, or if the parents are deceased, by the nearest relative of each party who was present at the wedding.�


    Applicants must keep in mind that before they can offer secondary evidence, such as affidavits, they must first prove that the primary evidence does not exist or is otherwise unavailable. Once this is done, the applicant may then provide sworn affidavits from people who have personal knowledge of the facts.
    +++++++++





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  • dvb123
    01-15 11:49 AM
    This procedure is called follow to join where your i-485 will be approved and your wife will receive your green card after 1 year in India. She has to go to a US consulate in India for an interview before receiving her immigrant visa which converts to green card when she enters USA automatically. Pls pm me your email id.





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  • cleopatra
    02-07 10:57 AM
    We did check that. What we wanted was I.T project manager, but it got classified as CIS Manager.

    We cannot change the job from Project manager to Computer systems analysts.

    I am going to be promoted as Project manager, so we need to get a PM role.

    Is there anyone who got "Project Manager" in EB2 classification?





    amsgc
    02-19 12:50 AM
    Count me in.





    angelic
    February 26th, 2004, 11:13 PM
    Ok, I did it..but now I have to go whip myself for exibiting the sin of pride :(

    Really..it's a good idea. My last boss had me bring in a photo every time I worked to be critiqued. I learned a lot.



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