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  • glus
    04-07 09:03 AM
    There is no law that says that you need to work for your employer for such and such nr of moths after getting GC. However, it is advisable to work for as long as you can for the original employer to avoid issues at naturalization stage.




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  • TomPlate
    02-03 02:54 PM
    I am going to travel to India.

    I am in H1B and have valid Advanced Parole and expired EAD.

    What are the documents needed for Advanced Parole in Port Of Entry. Also my lawyer is going to file the EAD this week.

    1. 485 Receipt Notice.
    2. Copy of 140 Approval Notice.
    3. Employment Verification Letter.

    Anything else? Please let me know.




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  • samuel5028
    04-18 02:56 AM
    Hello Memebers,
    As my H-4 visa is rejected and I am trying to find other options. I would like to know if I can apply for tourist visa and how much possibility is there that it will be rejected. Please advise.

    Thnaks

    It depends upon immigration officer. Make sure you provide all the proofs that you will return to your home country.




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  • When Green?
    07-30 09:05 AM
    Dear Experts and Attorneys:
    Here is my situation:
    My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
    I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
    My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
    After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
    Now I need your expert advice on the following situations:
    1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
    2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
    3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
    I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
    I greatly appreciate your responses.
    Thank you.



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  • GCSOON-Ihope
    11-05 10:35 PM
    When you already hold an H1 and it comes time to renew it/ file for extension/ 7th year etc, or if you want to switch jobs, you don't have to worry about the H1 quota. You can file at any time of the year, regardless of H1 availability.
    Your new H1 will be exempted from the quota, hence called "non-cap".




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  • saroj76
    07-25 02:46 PM
    He handled my case from OPT, to H1B, to Green Card. He is a very professional lawer and very responsible. He replies emails right away and answers phone calls. On the top of that his fees are much less compared to all these big law firms. I was really satisfied and impressed by his service. I would have stayed with him but my company got bought out by another big firm, so I had to switch the law firm. Check out his website.

    http://webberlaw.com/



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  • serg
    05-18 09:32 PM
    The title means ... You r right, not only Indian, but Chineese, Russians and all others ... but title is "Indian immigrants .... " :(




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  • bingl
    04-15 11:47 PM
    My Driving license is expiring soon (the day my I94 expires ) ....I have been on H4 till now ....but my husband is on EAD now . When I went to renew my license they asked me to get EAD since my I94 will expire soon . Is that the only way to renew ? Can I file for AP and use that, since I will have to travel to India anyways ?



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  • shan74
    10-23 07:20 AM
    There is a chance that i might get laid off. I have a pending I485 filed on July 2. My I-140 was approved in June 06. Would like to know if i get laid off within how many days do i have to find a job.


    really need to know this based on the market situation.




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  • cagcwait
    02-21 05:00 PM
    Info posted by BerkeleyBee in a different thread. This should be in the Resources section..


    ************************************************** ********

    BerkeleyBee's post in CA - Meet the Lawmakers thread
    Meeting with Dianne Feinstein's staff

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

    Feb 15, 2006

    Today, four members of IV met with 3 staffers from Dianne Feinstein�s office in San Francisco.
    Two constituent services representatives, who deal with immigration problems on a daily basis (helping people with labor cert, I-140, I-485, security check etc problems) and one assistant field representative who interfaces with the Senator�s staff in DC on a whole host of issues.

    We spent 1.5 hours with them. We went through our presentation, answering questions and giving examples all the way. Then we spent some time talking about how they could help us, suggestions about what IV should do, and how we could work with them. All in all it was an excellent meeting � they were riveted through out � asked lots of questions and were very supportive.

    TAKEAWAYS

    1.Getting the Word Out to Lawmakers

    � They all said they learned a lot from our presentation � the people who deal with immigration problems on a nitty gritty daily level didn�t know the big picture on legal immigration, and the field representative didn�t know anything about the particular problems of legal EB immigrants.
    � The field representative said she had had three meeting with immigration related groups that day already, and that the Senator�s staff has been hearing about immigration a lot BUT this was the first time she was hearing about legal skilled immigrants!!
    � They thought our goals were reasonable and that they would be supportive. They thought we should reach out to as many other lawmakers as possible

    BOTTOM LINE: Do you want favorable legislation not to pass simply because people didn�t know about our problems??? No! We need to get the word out.

    2.Content

    � They repeatedly said they were impressed with our presentation (go check it out).
    � They liked the fact that we had an easy to read table which showed which of the current bills addressed some of our goals.
    � They liked the fact that we printed and bound two copies of the presentation to give them.
    � We also gave them copies of our tri-fold brochure
    � We also gave them a number tabbed, bound copy of the following

    -Must Read Documents on Legal Skilled Immigration

    a) CIS Ombudsman's Report:
    http://www.dhs.gov/interweb/assetlib...eport_2005.pdf

    b) GAO Report on Backlogs at USCIS
    http://www.gao.gov/new.items/d0620.pdf

    c) Exec Summary of NAS Rising Above a Gathering Storm
    http://fermat.nap.edu/catalog/11463.html

    d) How Visa Date Cutoffs Are Established from July 2000 Bulletin
    http://dosfan.lib.uic.edu/ERC/visa_b...7bulletin.html

    e) President�s Economic Report: Chapter 2: Skills for the U.S. Workforce.
    http://www.whitehouse.gov/cea/ch2-erp06.pdf

    3.Action Items
    � We decided to keep in touch � I will follow up on the feedback they get from the Senator�s DC staffers.
    � They wanted to know more about how our meetings with other lawmakers are going.
    � I offered to act as source of facts and examples for their office on these issues � since I have read the relevant documents and data carefully.
    � They suggested that we keep reaching out to members of the House � especially those who are in states without a lot of tech sector firms � those are the people who are least likely to know about our existence, let alone our problems.

    BOTTOM LINE: I will keep in touch with all three, sharing talking points and getting feedback.

    4. Lessons for future meetings with lawmakers/ Lessons for other states
    � Do not be intimidated by the idea of initiating a meeting with the staffers of lawmaker � they do this all the time, and are friendly, easy to talk to, it is their job to listen to you� just put yourselves in the mindset of someone telling a story to a friendly audience.
    � Get organized, print and bind copies of the presentation and additional docs listed above to give to them.
    � Do a dry run of the talk, so that you build a narrative patter to go with the slides � this worked really well in this meeting.
    � Whenever possible use examples from the experience of the IV members present to illustrate the point in the slide � for example when we were doing the I-485 Life with and Without Slide, we used Ollie and Neha�s experiences with layoffs and partner not being able to work
    � Ask how you can follow up with them, what they would like you to do
    � Write to thank them for their time and reiterate your basic points



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  • chanduv23
    10-09 05:33 PM
    ^^^^^^^^^^^




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  • GCwaitforever
    03-07 04:28 PM
    I saw something like April 30th of this year. Please post your comments opposing this fee increase.



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  • Berkeleybee
    05-24 11:33 PM
    To reinforce our fax campaign, we should start calling the senators and start reinforcing our message to them. Please do not hesitate or be shy of doing this. Now is the time that you can make a difference.

    Please stick to directions and talking points, stay on message and be calm, polite. Avoid sarcasm and rhetoric at all costs even if they disagree with you completely.

    Here are the instructions of what you should do

    Call the Washington DC Phone numbers of the following Senators. Check this post during the day because we may add to this list:

    We want to reach them as early as possible before the vote on the Bingaman Amendments S.A. 4181 and 4182 take place. The Senate reconvenes at 9:15 am tomorrow (May 25, Thursday), we do not know at when the vote on these amendments will take place, so call as early as possible:

    • John Cornyn (TX) - 202-224-2934
    • Ed Kennedy (MA) – 202-224-4543
    • Arlen Specter (PA) – 202-224-4254
    • John McCain (AZ) – 202-224-2235
    • Larry Craig (ID)– 202-224-2752
    • Lindsey Graham (SC) –202-224-5972
    • Jeff Bingaman (NM) - (202) 224-5521
    • Dick Durbin (IL) – 202-224-2152

    WHY IT IS OK TO CALL SENATORS WHO ARE NOT FROM YOUR STATE

    Even if a senator is not from your state and if that questions comes up during phone call, explain the reason for calling by saying that "Since Immigration laws are federal laws and every senator's vote affects us in all 50 states, your time and the senators support would be highly appreciated".

    Once they pick up the phone:

    1. Introduce yourself

    My name is _______ I am a member of a volunteer organization called Immigration Voice which advocates legislative changes for improving the GC processing for legal immigrants.
    I have been a legal resident of the USA for x years and my employer is sponsoring me for a greencard.

    2. Ask for the Immigration Counsel/ Staffer

    3. Talking Points

    • Very Briefly Express Overall Support for the Bill

    Request the Senator to support the Comprehensive Immigration Bill, especially those provisions that support the highly skilled immigrants. Reiterate that all of us are LEGAL immigrants and have obeyed the laws of immigration at all times. Reiterate the fact that many of us have been waiting here for more than 5 years to get our green cards.

    • Oppose the Bingaman Amendments S.A. 4181 and S.A. 4182

    At present the CIR bill has a provision of not counting dependents against the cap. This is the way it should be because employment based visa quotas are properly meant for essential highly skilled workers, they shouldn’t be wasted on their dependents. After all the American business that is trying to stay competitive by hiring this workers is petitioning to get a skilled worker, not a dependent child.
    The Bingaman Amendments S.A. 4181 and S.A. 4182 try to once again include dependents in the calculations of the annual quota for employment based highly skilled workers. This is harmful for American competitiveness, and will waste visas meant for highly skilled essential workers on their dependents.

    Urge the Senator to vote against these amendments. Remind them that Sen Bingaman’s own PACE Education bill (S. 2198) does not include dependents in the calculation of the annual quota for high skilled workers.

    • Thank the staffer for their time.

    Post Here. Once you have called these senators, post back here so that it will motivate others to do the same.




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  • Green06
    08-15 02:00 PM
    eeeee thats painful. Happend so many times. It is like Lotto but at the end we say Samay se pehle or Bhagya se adhik kuch nahi milta (before time and more than your destiny you don't get anything)



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  • ImmigrationAnswerMan
    06-29 10:35 PM
    The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.

    If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.

    My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.




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  • Better_Days
    11-03 06:20 PM
    I disagree. I think that we will see an another attempt at CIR bill. Dems will want to capitalize on their surge among the hispanic bloc; see the comments by Nancy Palosi [sp?]. An attempt will be made to cast it as an aid for economy: to bring people out of shadows so that they can buy houses etc.

    But then this is just my opinion which, like yours, is just an opinion. Heck even my 5 year old these days does not seem to hold my opinion in any regard :)


    NOPE.

    Earlier democrats had a reason of not getting things done [Bush's veto, filibuster...etc.etc]

    Now nothing will get done, and they will have no reasons.

    Welcome to world of politics my friend :)



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  • xela
    06-03 09:37 PM
    lawyer paper filed april 15th
    receipt received april 27th
    received date april 16th receipt date april 26th

    last soft LUD April 30th

    no fp notice or anything since

    called them 2 days ago to put in a request for fp cus i am tired of waiting hoped that this would prompt them to look at it.... so far no change




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  • meridiani.planum
    09-21 02:15 PM
    sri1309..Thanks for your reply but can we get homes for 300 to 400 k there. How about bay area

    proper bay area in any decent neighbourhood is going to run anywhere from 600K-2million. For 400k I think the only places in south bay would be either parts of south san jose or Milpitas. Neighborhood is not going to bevery nice.
    Another option (depending on where you are working) could be part-way up the bay, say union city, or San Ramon.

    Check ziprealty.com




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  • reddysn
    06-16 09:27 AM
    My lawyer answered that one can work on OPT-EAD till one gets their I-485 EAD. So I guess you dont need to worry. Better check with ur lawyer also.


    My wife has changed her status from H4 to F1 in last
    year. She will be on F1-studies till July mid
    of this year. Few weeks back she got her EAD for her
    F1-OPT, which will start on Aug 15 of this year.

    As I am going to file AOS for her and also EAD, will
    she able to work on her OPT-EAD till she gets her
    I-485 EAD? Or She need to wait till she gets her
    I-485 EAD to work?

    As far as I know she need to wait till she gets her EAD of 485.
    I sent a mail to lawyer he did not respond yet.
    She is going to meet her international advisor on this sometime next week
    , but he does not seem to be an expert in this area.

    any ideas on this one?




    miguy
    01-11 02:27 PM
    My wife has started using her EAD so I understand that she would need to use the AP to re-enter US. But, I am still on H1 working for the same employer that is processing my greencard. Would I need to use AP to re-enter or can I re-enter on H1 ?....my lawyer suggests using AP but I've read at other places where they say you can continue to travel on H1

    confused......




    gcformeornot
    04-09 12:37 PM
    forums... looks like now a days for many people EAD is delayed longer than usual.
    What you guys think? Even simple receipting, check cashing or notification using I1145 is delayed for weeks...



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