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  • hope123
    12-21 06:29 PM
    I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?

    1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
    2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
    3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
    4. Does my new company has to give same exact responsibilities as my labor certificate?

    I would appreciate if any one replies to these posts. Thanks in advance.





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  • yabadaba
    03-25 07:45 AM
    nonsenseNumbersUSA.com that provides accurate processes and descriptions refuting the moronic claims of numbersusa which feeds tancredo and his creed.

    i m very well versed with census data and can look at specific refutes to their claims. Also, would it help to show legal immigration levels in the developed countries.

    Canada allows 1/100th (1%)of the population to come in every year as landed immigrants (skilled migrants). 300,000+ out of a total population of 30 million with no country based limitation.

    here employment based migration which is the closest category as compared to Canada's legal migration process alllows 144,000 out of 300 million. (0.05%)

    Australia lets in 120,000 (0.6%) migrants out of which 80,000 (0.5%) are in the skilled worker category out of a population estimate of 20 million

    New Zealand lets in 34,000 (0.9%) migrants out of which 21,000 (0.5%) are in the skilled worker category out of a population estimate of 4 million





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  • chillfakter
    02-19 03:22 PM
    As many of you assured me, the date on the I-94 reflected the date on my I-797 (I received a B, not an A). It did not have anything to do with my passport expiration date as I was fearing. Thanks everyone!





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  • simple1
    05-11 06:49 PM
    desi3933,

    Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"

    In this case they are eligible for FB2A. So it nullifies that.

    again “respective subsection” is not referring to primary’s subsection.
    same status = parolee, denied etc.
    same order of consideration = PD order.
    respective subsection=the respective/related/corresponding subsection of derivative not the primary.

    This point was already discussed on member's and donor's thread with same subject.
    Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
    Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449

    This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.

    Thanks.


    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.


    This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).


    ______________________
    Not a legal advice
    US citizen of Indian origin



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  • raysaikat
    05-30 10:40 PM
    Thanks a lot for the information.
    I am just concerned about the fact that I do not have a job and have been unemployed for more than the 90 day OPT period. I'm not sure what my status is,given such a scenario.
    Thanks!

    You are allowed a maximum of 90 days of unemployment during the 12 month OPT period. After that, you are accumulating out of status days. I do not know what is the penalty for out of status days --- typically more than 180 days of out of status days are bad.

    http://edocket.access.gpo.gov/2008/E8-7427.htm
    2. Periods of Unemployment During OPT
    DHS regulations currently define the period of an F-1 student's
    status as the time the student is pursuing a full course of study at an
    SEVP-certified school or engaging in authorized post-completion OPT. 8
    CFR 214.2(f)(5). They do not specify how much time the student may be
    unemployed, making it difficult to determine when an unemployed student
    on post-completion OPT violates the requirements for remaining in F-1
    status. As status during OPT is based on the premise that the F-1
    student is working, there must be a limit on unemployment, just as the
    F-1 student's period in school is based on the premise that he is
    actually pursuing a full-time course of study, and there are limits on
    how often the student can reduce his course load. An F-1 student who
    drops out of school or does not pursue a full-time course of study
    loses status; an F-1 student with OPT who is unemployed for a
    significant period should similarly put his status in jeopardy.
    Therefore, this rule specifies an aggregate maximum allowed period of
    unemployment of 90 days for students on 12-month OPT. This maximum
    period increases by 30 days for F-1 students who have an approved 17-
    month OPT period. In addition to clarifying the student's status, this
    measure allows time for job searches or a break when switching
    employers.

    http://www.ice.gov/sevis/updates_postcompletion_opt.htm#_Toc174419546
    4.9. Unemployment time

    The time spent without a qualifying job during post-completion OPT. Except as noted in the section on what counts as time unemployed, each day that the student is not employed in a qualifying job, is counted toward the limit on unemployment time. The limit is 90 days for students on post-completion OPT including those with a cap gap extension, except that students with a STEM OPT extension are given an additional 30 days of unemployment time for a maximum of 120 days.





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  • ita
    06-17 02:33 PM
    Do u have to inform USCIS everytime u change job or just first time would be sufficient?

    Thank you.



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  • gc28262
    02-24 12:15 PM
    People may end up populating junk data, if we force them to enter profile details.

    For statistical purposes, no-data is preferable over junk data.





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  • desijackass
    11-02 09:34 AM
    I got my H1 B stamped in Oct 2010 at the Vancouver consulate.

    Step 1:
    The first thing you need to get an appointment at Vancouver consulate is to visit their website (Vancouver • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/vancouver.asp)). Instructions on the website are pretty straightforward. Use the online system to enter all your information and fill up the DS160 electronically. Upload a recent photo (within 6 months). I saw a number of people have to produce newer photos when I was at the consulate because the ones they provided were too old. If you screw up on that , don't worry there is a photo booth inside the consulate (that is super expensive) and you can get pics there. There is also a store across from the consulate where you can get pics.,\
    Once you fill up your DS 160, continue the application process for the visa, and at the very last step you can request a date. I did mine a month in advance and I think the system releases dates only 1 month in advance. My appointment was on Oct18 and the system allowed me to change dates upto Oct 15. Pay the online fee using your credit card and make sure you have a printer handy. The reciept they send you is important and make sure you print it out immediately. I did not find another spot where you could print it.

    Step 2:
    Now that you have an appointment , if you are Indian , you will need a valid visa for Canada. Goto the Canadian consulate website for the USA and depending on your nearest consulate send the application. Please remember the Canadian consulate is not as efficient as the US consulate and allow at least 3 weeks for them to process your visa. Mine took over 15 days and they sent the passport back regular ordinary mail. The passport reached a day late , so I had to rebook my airline tickets. If you plan things well , you can get your passport back and book tickets then. I have read online that you can send them an express mail cover , but I didn't see anything of that sort on the website, you can try it, worst case you will be out $20. The Canadian form is a pain , but once that is done, just mail everything in. For Canada I said reason for visit was "tourism" , didnt really talk about the Visa renewal. I included bank documents, and last 3 paystubs. You don't need a valid US visa to go to Canada because technically the H1B document is valid for return.

    Step 3:
    Assuming you have got your Canadian visa, buy airline tickets to Seattle, it is much cheaper than buying tickets to Vancouver. Once there there are a number of ways to cross the border. You can be super cheap and take a bus , or if you have friends and family you can rent a car and drive across. My car rental rate for the whole week was $275. Vancouver has a great public transport system and you do not really need a car there.
    I crossed over at midnight so there was no traffic, the lazy Canadian border guard didn't really care , barely looked and my passport and waved me through. (Makes sense that they don't care that much because the US is so strict, if you are here and crossing over, you are probably legal!) Don't take any food across, thats one of the questions they ask you, and if you do have any , it would probably be a hasssle.

    Step 4:
    Now that you are in Canada, you don't have to stay downtown Vancouver. I pricelined a hotel (Hilton) in Burnaby, which is the next suburb also called metro town. $75 a night , whcih was a great deal for the hotel, right across from a really large shopping mall.It was also 5 mins walk from their sky train system.I would suggest getting a hotel for atleast 3 days. and then getting more if you required. So I parked my car there. Monday morning , interview day, I took the skytrain downtown, I think the stop was waterfront or the one before that, sky trains are empty, fast and efficient <20mins to get downtown and $3.5 for the ticket. 5mins walk from the station to 1075 w pender street where the consulate is located. There are hardly any signs, so you may have to ask around. Hint: the consulate is in the same building as the Starbucks. Don't bother going early than 20 mins, because you will just stand around waiting. 20 mins in to your appointment, make your way to the consulate.
    You will need your passport, supporting documents (just the bar code DS160 reciept), pay stubs, H1B notice etc
    They will do a preliminary check at the entrance,DO NOT TAKE YOUR CELL PHONE or any electronics with you, you will be sent away.
    After that you go to this dull , drab room, where you sit around for about 1/2 hour till they check your docs and wait for finger printing. They are usually very friendly there, any discrepancy , they let you correct it, not like Chennai where they kick you out.
    After 1/2 hour I got finger printed then was taken up to the 20th floor, where I had to wait for 5 mins.When my number was called.
    I then went up to the counter, the lady asked my what I did, where I worked (Usual BS), it was my third renewal, so it was pretty lax. I work for a Big 10 school, so it wasn't much of a problem. I was done in 5 mins, and she said that she was sticking sticker on my passport so I could come back on Wednesday and pick it up, or I could have it sent to DHL, I said , I would come back.
    I was out of there, I then explored Vancouver for a couple of days, went back to consulate on Wednesday when a security guard handed me my passport. I pricelined the same hotel and extended my stay for a few days, then drove back to Seattle.
    On my return, my entry was smooth, they checked my paperwork, american border guards were very efficient and friendly. It was a half hour wait at peach arch, and I was there at 7 am. I did notice lines getting bigger. I had to pay$6 for a new I-94 and then drove to Seattle airport and was out of there.



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  • friend99
    08-11 11:25 PM
    I did submit copy of my BC which had 20th August as the date. :(





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  • shreekhand
    04-28 07:34 PM
    Go Utah! ... Go Texas !



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  • Jaime
    03-29 11:07 AM
    Read the Murthy article, looks like DOL is stepping up PERM approvals for non-audited cases (now let's just pray we who are waiting for PERM don't get audited!)

    Best of luck to all!

    MurthyDotCom : Stepped-Up PERM / LC Processing (http://murthy.com/news/n_stepup.html)





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  • newbee7
    07-05 01:00 AM
    Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS’ data. Through these discussions, the Ombudsman learned that accounting and processing methods differ at the Nebraska and Texas Service Centers (where USCIS processes employment-based petitions).



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  • pcbadgujar
    01-22 03:18 PM
    No you don't need to be on payroll before filing the PERM. That is what I did. GC can be applied for future employment.





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  • srikondoji
    08-14 02:16 PM
    When will i read this as
    "Special Immigration Relief Measures for non Cubans & non mexicans"
    --sri

    Congratulations my cuban friends!

    You no longer have to wait in this friggin' green card line

    http://www.miami.com/mld/miamiherald/15256657.htm

    Perhaps the most important measure is the decision to parole into the United States thousands more Cubans with close relatives here, thus reducing a backlog in family-based immigrant visas. While Homeland Security did not say how big the backlog is, it's said to be in the thousands.



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  • katrina
    01-04 03:34 PM
    koppula09 please read the statement from below link.

    http://www.lbl.gov/LBL-Work/HR/irss/FormI539.html

    Contact your lawyer ask what they request when they fill the Form I539. If the request your wife h4 extension she should be OK but if they request to change your wife H4 status to H1b I don't think they made a good decision, you should find another lawyer :eek:

    get a second opinion of what to do. My suggestion your wife should apply for her H1b ASAP (premium processing). I believe it possible for her company to apply her H1b but again find a good Lawyer ASAP.

    remember not all lawyer is a good immigrant lawyer. Even a good immigrant lawyer could make a mistake too. It's your life you can't rely to anybody.
    so act quickly to find out how to get out from this problem before too late.

    Good luck. :o





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  • bindas74
    05-15 05:04 PM
    To Bindas74,

    Did the e-file process ask you to pay the biometric fee? I ask because my attorney informed me this afternoon that I do not need to pay a biometric fee, or send in a G-325A form, when sending in my EAD/AP renewal. Do please let me know if this is not the case.

    On the Advance Parole justification, I would put in a note stating that I maintain close ties with my family in <country here> and travel frequently to see them. Additionally, state that you wish to travel abroad on vacation on multiple occasions through the year, and request them to grant you an Advance Parole for these reasons. This document request seems to be in lieu of the covering letter that's usually sent with an AP request. I'm sure they don't need you to send them ticket receipts.

    Thanks,

    Hi X-Wing,

    Thanks for the response.
    I dont think it asked me for the $80 biometric fee during the E-filing process. Someone else had answered to my quesiton on a different thread as well that I dont have to pay it.
    I will make sure I put in the reasons you suggested for the AP in my documentation. Thanks again.

    Another questions is that since I files EAD and AP concurrently, can I send both the documents in the same packet? ( I am guessing it's ok since the attorneys usually send everything in a single packet , right? )

    -Thanks



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  • san752000
    07-11 10:02 PM
    Your wife should NOT have any problems if she is still in her 6 years of her first H1B. My wife had the same case and she got her H1B in 15 days and it was NOT counted against the quota.





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  • suman
    12-17 09:45 AM
    Hi
    If i-485 gets denied then what should i be doing?
    Should i call the USCIS to find the reason for denial or Should i visit a lawyer?

    Is their any way that i can get my I-485 reopen?
    In how many days should i get my I-485 reopened?

    Please help i am in need!





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  • aka
    10-23 08:48 PM
    Hi prom2, thanks for continuing this thread. Could you rename it to early-June filers or something more broad? Or maybe even the same name as the previous thread? That way, the same members can simply join this thread. Your present title is way too specific and with all the other similar threads out there, we might be missed by some members.





    h1bemployee
    06-23 05:47 PM
    if I apply for a new H1 transfer , can I start working after getting the receipt?





    Akia
    03-25 08:48 AM
    Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).

    You must also look at the "actual wage."

    Elaine, thank you very much for the information. Can I ask for one more favor? Where can I find the memo or official document regarding the "filing fee -- actual wage" issue?



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