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Monday, June 27, 2011

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  • reddysn
    05-29 06:15 PM
    ramus you got good sense of humor man ....I could not stop laughing ..

    After reading this I am not sure if I can ask you send web-fax..
    Thanks.





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  • lazycis
    12-18 02:41 PM
    Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
    Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:

    "Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."

    So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.





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  • malibuguy007
    09-16 09:47 PM
    Applied: July 30th
    FP: August 15th
    Approval Email: September 16th

    Total time 47 days for approval for me and my wife.





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  • KanME
    07-19 04:24 PM
    I have been in this country for almost 10 years and I have never felt more stressed about these status issues than I did today. I even stopped working from this afternoon reading forums for similar cases, finding info here and there etc. :(

    This is confusing..I have a similar situation(not paid for 2 weeks)..

    When i talked to my lawyer she said that employement verification is done in I-140 and since that is approved I dont need to worry abt it for 485??

    What does your lawyer say?



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  • onemorecame
    08-21 02:39 PM
    I agree that labor belongs to the company, but I paid all the fee for the same. They can always use that, but they are not supposed to screw up me In this case, they didn't talk to me and told me that my 485 was applied, which turned out to be a lie.


    Please tell the name of that employer, so nobody will join that guy.
    atleast sent the private message

    BTW how you came to know that whether your case filled or not?





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  • gc_chahiye
    12-18 08:11 PM
    That will be a big issue. You do have to show that I-485 has been pending for 180 days before you changed jobs.

    https://ecf.dcd.uscourts.gov/cgi-bin/show_public_doc?2006cv0584-10

    "Thus, it is beyond dispute that Mr. Mawalla�s job change occurred on or before September 17, 2004 � 141 days after he filed his I-485 application. Because he changed jobs before his I-485 application had been pending for 180 days, Mr. Mawalla�s I-140 did not remain valid under AC21. USCIS therefore correctly denied his I-485 application on the ground that he did not have a valid and current visa to support his adjustment of status."

    that was a very interesting read. Another scary part is that it took USCIS 6 months to revoke teh I-140 from the time it was requested. Meaning when he actually left his employer, if he had called up USCIS to verify the status of his I-140, it would have come up as still-valid.



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  • GCAmigo
    12-21 07:55 AM
    I think there is goin to be a mad rush for H1 filing.. com e April & the 2007-08 quota will be over in a jiffy...





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  • indio0617
    12-20 01:41 PM
    Hi everyone,

    I read the memo in details as it directly applies to my wife's ability to work and my ability to extend H1. Here is the analysis (I have excluded L visa part). But before that, I would like to acknowledge the works of this "the" person. They dont know how much their post means to others. Thank you so much for digging this out.

    1) Husband H1, wife H4 (or vice versa) in 7th year. Wife can now work on a new H1. Her H1 will be valid for a new six year period. She can start work on 1st October 2007 if this is her first H1 and is aproved.
    2) If wife had old H1, and say she worked for 1 year and stopped after completing 6 years on H1+H4. She can now transfer old H1 and work for 5 more years.
    3) Say, wife starts work and husband loses job. Wife is now H1 and husband is on H4 - they can continue like this till wife's H1 validity period or till the family's GC is approved.
    4) Husband H1 + wife H4 in 7th year (assuming GC in progress) and leave the country and stay outside USA. Husband gets transfer back to USA OR gets a new job in USA. Husaband or wife not in any H or L status at this time. They can still use the old H1 and GC process dates to get H1 extension for old H1.
    5) H1 employee worked for 2 years and left USA. At any time (not just October), he can use old H1 for transfer and continue for 4 more years OR he can opt for a new 6 year period after 1 year stay outside USA.

    Other provisions are for L1/L2 (which I skipped) and for preventing fraud when a person gets H1 and parks his family in US but the person remains outside USA. The memo states that H4 members should be in USA only to accompany the H1 member (provided H1 is in USA and in valid state).

    Hope this helps to all. If you have read the memo and if you have anything to add please do so. This is probably the only positive news for H1, H4, GC this year.

    Nilcritz:

    Very precise analysis. Thanks for posting this one.



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  • chanduv23
    06-17 10:57 AM
    way to go snathan "u da man :) "





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  • lvinaykumar
    11-26 04:28 AM
    Looks like i need to find a new job to file under EB2 :D



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  • dilvahabilyeha
    07-02 05:07 PM
    Medical: 200
    Photos: 25
    Lawer: 2500
    Fees (if app accepted): 1450 (Fees later if not accepted now but later: 2500)
    Travel + Certificates + photocopies: 150

    Total: 2875+(1450 or 2500)





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  • thakurrajiv
    07-02 03:10 PM
    My company paid for attorney fees. I dont know the amount for that.
    My pocket expense
    $380 - medical tests
    $60 - photographs
    $50 - mailing fees.

    Obviously, no money can account for the mental torture I and my family have been going through once we learned about visa bulletion revision rumors.



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  • karanp25
    08-05 02:34 PM
    I understand the informational part of your post, but i don't understand the bad news part of it. How does getting a 2yr EAD change your I-485 processing? It will get processed whenever it supposed to be processed next.

    There are ppl like me - EAD is pending for over 3.5 months and there's no decision. Be content with the fact that yours was approved in time and it's icing on cake that it's 2 yrs validity. the way i see it, it's all good news. Point me to the bad news please.

    First off its only informational, so other people know that even with PD being current you can receive 2 year EAD.
    Well, good news because i don't have to worry about renewing it for another 18 months, bad news because does it mean my 485 is nowhere near processing.

    Either way im not fretting about it, when its my turn i will get it. It was just a statement.





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  • abcdalways
    12-20 10:22 PM
    NY consulate is not the greatest but compared to Houston, it is fantastic. Recently I sent my papers for PIO to NY and they took their time but i did get it in 4 weeks time (their website says 2 weeks). I had to make multiple phone calls and if i used the automated system, it would take me to a phone that no one ever answered. If i went through the operator I was invariably forwarded to a wrong department or was told there is no one in the PIO department on that day!! But eventually, I did manage to reach the right person, who told me when to expect the passport and it did arrive in due course. I did send them multiple emails as mentioned at their web page that promised faster responses but till now I have not received any reply till date!

    My friend had to send her papers to the consulate in Houston and it is absolutely horrible. Firstly, no one ever answers the phone at any of the listed numbers. An automated response asks you to wait in line and then after an extended duration, you are bumped back to the start of the line. No one replies to emails. Then they send back your passport on flimsy grounds without giving proper reasons. When you send it back, they find a new reason to send it back as my friend had to endure. Eventually, she had to find an 'agent' who charged her $1100 to get her PIO card which he did within a day. When asked to give the breakup of the costs, he said he has to bribe people in the consulate to get the job done.
    So this in essence is the real reason why no one answers the phone in Houston or people are given the run about ..corruption. They want you to use the services of these agents who in turn bribe them and get the work done.
    NY consulate is slow and tardy but Houston is corrupt, probably all the way to the top. Unfortunately, there does not seem to be any way to address these issues!! somewhere i saw a petition doing the rounds on the web complaining about the Houston consulate but I doubt if it will change anything.



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  • gsc999
    07-27 03:03 PM
    Guys, don't take ownership and don't judge what other can do or can't do.
    It is their discretion to call or not to call. They called and they are passing information.
    Here everybody is showing bossism for nothing.
    ---
    Can someone explain to me, why should we call USCIS and inquire about receipt notices just weeks after filing AOS application when USCIS clearly states that it takes 30 days to process a receipt. Can we at least respect that piece of information and wait for 30 days before calling?

    Did I get that 30 day receipt processing period wrong?





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  • gdhiren
    08-30 09:43 PM
    We live in NJ and my husband was not ready to take a day off initially, I was going to come with friends and now after bugging him for days together I finally showed him this message about people flying in from CA and well he is motivated to come, he plans to work remotely on the 17th the lobby day, we are bringing some friends visiting from India too;)

    Congratulations! Though I don't know why it took you so many days, I could understand if it was the other way around (him explaining you). You should meet my wife and get some lessons. :) just kidding. Thanks for bringing in the whole team, great spirit.



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  • logiclife
    03-23 03:59 PM
    I have set up a meeting with the staff at Congresswoman Kathy Castor's office in Tampa on March 27th at 2.00 PM.

    Anybody interested in joining please PM me.

    I am sure you will find someone from Tampa, but please feel free to go alone if there is no one in your district.

    Thank you for doing this.





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  • GCBy3000
    07-27 04:47 PM
    Read the two stories for break.

    THE BEST LAWYER STORY SO FAR

    One afternoon a lawyer was riding in his limousine
    when he saw two men along the roadside eating grass.
    Disturbed, he ordered his driver to stop and he got
    out to investigate.

    He asked one man, "Why are you eating grass?"

    "We don't have any money for food," the poor man
    replied. "We have to eat grass."

    "Well, then, you can come with me to my house and I'll
    feed you," the lawyer said.

    "But sir, I have a wife and two children with me. They
    are over there, under that tree."

    "Bring them along," the lawyer replied. Turning to the
    other poor man he stated,

    "You come with us, too."

    The second man, in a pitiful voice, then said, "But
    sir, I also have a wife and SIX children with me!"

    "Bring them all, as well," the lawyer answered.

    They all entered the car, which was no easy task, even
    for a car as large as the limousine was.

    Once underway, one of the poor fellows turned to the
    lawyer and said, "Sir, you are too kind. Thank you for
    taking all of us with you."

    The lawyer replied, "Glad to do it. You'll really love
    my place. The grass is almost a foot high


    STORY 2:

    Mom comes to visit her son Kumar for dinner.....who lives with a girl
    roommate Sunita. During the course of the meal, his mother couldn't
    help but notice how pretty Kumar's roommate was. She had long been
    suspicious of a relationship between the two, and this had only made her more
    curious.

    Over the course of the evening, while watching the two interact, she
    started to wonder if there was more between Kumar and his roommate than
    met the eye.

    Reading his mom's thoughts, Kumar volunteered, "I know what you must be
    thinking, but I assure you, Sunita and I are just roommates." About a
    week later, Sunita came to Kumar saying, "Ever since your mother came to
    dinner, I've been unable to find the silver plate. You don't suppose
    she took it, do you?" Kumar said,"Well, I doubt it, but I'll email her, just to be sure."


    So he sat down and wrote :

    Dear Mother:

    I'm not saying that you 'did' take the silver plate from my house, I'm
    not saying that you 'did not' take the silver plate.. But the fact remains
    that it has been missing ever since you were here for dinner.

    Love, Kumar


    Several days later, Kumar received an email from his Mother which read



    Dear Son:

    I'm not saying that you 'do' sleep with Sunita, and I'm not saying that
    you 'do not' sleep with Sunita. But the fact remains that if she was
    sleeping in her OWN bed, she would have found the silver plate by now
    under the pillow...

    Love,
    Mom.



    Lesson of the day:
    Don't Lie to Your Mother...........especially if she is Indian !





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  • mammoy2k
    09-09 07:04 AM
    I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.


    Requirements to change employer when GC is pending:
    - I-140 should be approved
    - More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
    - Approved EAD

    Significance of 180 days barrier
    If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.

    After 180 days, you cannot change jobs, you can only change employers
    When you invoke AC-21, you have o fulfill two conditions:
    1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
    2.) You salary should be almost the same as the wages mentioned in GC labor certification application

    This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.

    It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.

    USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.

    Hope this is useful.





    snathan
    02-28 05:39 PM
    I understand you don�t care about the United States and its people and you�re only interested in what you can gain from them but if you weren�t so blinded by greed you�d see this is something else they can give to you. Now I know why I took the route I did, I would have accomplished far less in my personal life with the likes of you. In fact, I may doing to much sharing my expertise with you. I refuse to have my name tarnished any further. Besides, you�re only a beginner. What was I thinking? IV really ought to make it clear to everyone that this is an amateur site. Maybe by changing its name to Beginning Immigration. IV definitely is not the voice of Immigration � my voice is different from IVs and I�m dealing with immigration. I may have to contact the internet higher-ups about this farse.

    Basically we dont care or support illegals and drug traficers. if you are innocent, go to court and fight your rights. Now get lost





    axp817
    04-03 09:55 AM
    Thanks for contacting IV with your SOS.
    An IV core member is going to be helping you to fix this with USCIS. Let us know if you need help. He already tried contacting you yesterday.

    As IV grows maybe this is a help IV can extend to all its donor members and help them if they get in such extreme distress situations. This is one of the ideas we are thinking for our members in the donor group.



    +1. That is fantastic.



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