kumar26fl
09-22 11:53 PM
"Word-of-Mouth" seems to be the most effective way of campaigning! I had sent mails, and left voice to couple of my friends some time back. They became aware of IV, but not yet registered. Talked to them today, and got both of them registered. (kasas & aksrao).
Requested them to spread the word, "IV". I am sure they will read this thread and campaign for "IV".
Thanks
Requested them to spread the word, "IV". I am sure they will read this thread and campaign for "IV".
Thanks
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bkshres
10-20 11:28 AM
Hi
I used AC21 to switch the company. First my new company said I have to use my existing old attorney for my I485 case. So, I asked my old attorney to prepare AC21 documents and mailed to USCIS, which is already done.
But now the attorney from new company is saying that they are again doing AC21 documents and will be sending to USCIS. On top, new attorney is asking me to fill G28 form. Is it necessary to file AC21 document twice or make it too confusing? And this G28 is only for me, not for my wife. I am confused with whole thing. How will this work? with my case transferred to new attorney and my wife's case still with old attorney? I also heard from this new attorney that most of the time G28 and AC21 documents will never reach to USCIS file and in that case, USCIS will communicate with old attorney. On one hand, I have to tell my old attorney that I am changing attorney but on other hand I am not even sure whether USCIS will accept or not. My old attorney has been always helpful and he has all my information and original documents.
Is it advisable to switch attorney when you have I-485 pending? and is this filing of AC21 documents twice necessary or will make more confusion in my case? What is advisable in this situation? What should I say to this new company attorney and what should I say to my old attorney? I am in big dilemma...
Please help. I need your suggestion.
Thanks,
BK
I used AC21 to switch the company. First my new company said I have to use my existing old attorney for my I485 case. So, I asked my old attorney to prepare AC21 documents and mailed to USCIS, which is already done.
But now the attorney from new company is saying that they are again doing AC21 documents and will be sending to USCIS. On top, new attorney is asking me to fill G28 form. Is it necessary to file AC21 document twice or make it too confusing? And this G28 is only for me, not for my wife. I am confused with whole thing. How will this work? with my case transferred to new attorney and my wife's case still with old attorney? I also heard from this new attorney that most of the time G28 and AC21 documents will never reach to USCIS file and in that case, USCIS will communicate with old attorney. On one hand, I have to tell my old attorney that I am changing attorney but on other hand I am not even sure whether USCIS will accept or not. My old attorney has been always helpful and he has all my information and original documents.
Is it advisable to switch attorney when you have I-485 pending? and is this filing of AC21 documents twice necessary or will make more confusion in my case? What is advisable in this situation? What should I say to this new company attorney and what should I say to my old attorney? I am in big dilemma...
Please help. I need your suggestion.
Thanks,
BK
gg_ny
09-12 07:16 PM
Working on "loss of pay" means you are still on the pay roll but cannot sustain keeping up your responsibilities of your job. You are still in status. People who go to home country for visa validation, when get struck there, are supposed to be at "loss of pay" but still on the job; that is the reason they get the visa stamps and come back. If they go into out of status, they wouldn't have gotten the visa stamp. This has happened to a few people from India and China that I know of a couple of years back.
Vacation could be taken under such an understanding with your HR.
-----------
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
Vacation could be taken under such an understanding with your HR.
-----------
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
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looneytunezez
03-30 08:09 PM
Congratulations!!!!:D
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GCDelay
11-30 02:36 PM
xxx
andycool
01-06 04:54 PM
Thanks so much for taking time to respond. I have e-filed my application and am sending all supporting documents today. It appears that the processing time is about 90 days, so I might not be able to leave in Feb afterall. But at least I will have my Travel document ready for any future travel plans.
Best,
Pria
Pria
send 2 photos too, even though the application tells do not send photos ( e filed ) , I suggest you to send photos.
thanks
Best,
Pria
Pria
send 2 photos too, even though the application tells do not send photos ( e filed ) , I suggest you to send photos.
thanks
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Marphad
03-27 10:34 AM
Yes, you should be.
Thanks. I am still waiting for lawyers to reply on the forum.
Thanks. I am still waiting for lawyers to reply on the forum.
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Canadianindian
07-08 09:55 PM
5 star from me too :D
Best of luck.
Best of luck.
more...
pa_arora
03-26 04:38 PM
This sustain act is total BS. They want to increase H1-B numbers without reforming the EB system. They do not want to increase EB numbers. They do not want to do away with country quotas. They don't have country quotas in H1-B. This just creates more and more backlogs for everyone. I HOPE THIS BILL DOESN'T PASS. The companies and lawmakers just want cheap labor without "paying" for it. Just a bunch of self-serving bigots !
I disagree with u, i think this bill should pass which lets the EB pipeline inflates so much that it explodes.
I disagree with u, i think this bill should pass which lets the EB pipeline inflates so much that it explodes.
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_shoonya
11-14 10:44 PM
Deleted
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kaisersose
04-16 03:11 PM
Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?
Thanks
This is jut my opinion, but I would do exactly this. She should not be quitting her job. If you file an MTR quickly, then she is not really breaking any rules.
Even if you get a 485 rejection notice, it is still OK as long as you file an MTR in a timely manner. The case status will change to "under process" and then you will be fine again as long as your lawyer takes care to extensively document your case so that an IO cannot make a mistake about your EB category again.
In short, just keep your jobs and file an MTR ASAP with correct documentation.
Thanks
This is jut my opinion, but I would do exactly this. She should not be quitting her job. If you file an MTR quickly, then she is not really breaking any rules.
Even if you get a 485 rejection notice, it is still OK as long as you file an MTR in a timely manner. The case status will change to "under process" and then you will be fine again as long as your lawyer takes care to extensively document your case so that an IO cannot make a mistake about your EB category again.
In short, just keep your jobs and file an MTR ASAP with correct documentation.
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mmaxima
08-21 04:24 PM
From http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
That's provided that India gets 7%. ROW is in retrogression as well. The visa number is divided among all country. 7% rule only apply when visa number is abundant otherwise it's shared.
"The annual limit for EB visa numbers is 140,000. This number also includes the dependents of an EB applicant. In addition there is a per-country limit set at 7% of the total."
That's provided that India gets 7%. ROW is in retrogression as well. The visa number is divided among all country. 7% rule only apply when visa number is abundant otherwise it's shared.
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dealsnet
11-12 01:18 PM
Usually I didn't recomond any one. But for cheaper option this is the man.
If your case is complicated, go with Murthy, Rajiv Khanna, Ron Gotcher etc...
He is the cheapest and good attorney known.
H1B charge is $650 (renew) $750 for new, no charge for filing H4. GC process PERM , I-140, I-485 all for only $2000. Citizenship application $250.
No charge for any RFE. He will respond in detail. I don't know about AC21. May be $250.
HIGHLY RECOMENDED. New York based. Young man in his 30's. Respond emails with an hour.
He is a British guy like one of us came here in the USA as a student F1, H1 and greencard and pass the Bar license to become a lawyer.
So he have first hand knowledge of all the process. So this make him diffrent from any Immigration lawyers.
Andrew Dutton, Esq., P.C., lawyers in Franklin Square, NY, New York (http://www.immigrationcounselorlaw.com/)
Telephone: 516-308-3670
Fax: 516-308-3669
http://www.immigration-counselor.builderspot.com
immigrationcounselorlaw.com
email.
immigration_counselor@yahoo.com
If your case is complicated, go with Murthy, Rajiv Khanna, Ron Gotcher etc...
He is the cheapest and good attorney known.
H1B charge is $650 (renew) $750 for new, no charge for filing H4. GC process PERM , I-140, I-485 all for only $2000. Citizenship application $250.
No charge for any RFE. He will respond in detail. I don't know about AC21. May be $250.
HIGHLY RECOMENDED. New York based. Young man in his 30's. Respond emails with an hour.
He is a British guy like one of us came here in the USA as a student F1, H1 and greencard and pass the Bar license to become a lawyer.
So he have first hand knowledge of all the process. So this make him diffrent from any Immigration lawyers.
Andrew Dutton, Esq., P.C., lawyers in Franklin Square, NY, New York (http://www.immigrationcounselorlaw.com/)
Telephone: 516-308-3670
Fax: 516-308-3669
http://www.immigration-counselor.builderspot.com
immigrationcounselorlaw.com
email.
immigration_counselor@yahoo.com
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anilsal
12-21 12:02 AM
Hi Msyedy,
Thanks for clarifying. What I know is I did not need a labor approval as my case was national interest waiver (NIW, EB2). I have I-140 approval notice, I-797 (Notice of action for H1b). For H1b also, there is a similar 'labor approval', but I do not have any papers to show that. I was told to take my waiver approval (foreign residency requirement- waiver), and I-797, and I-140 approval.
Thank you,
pradeep
Pradeep, can you post your credentials that entitled you to NIW(EB2). Just curious. You have a PhD?
Thanks for clarifying. What I know is I did not need a labor approval as my case was national interest waiver (NIW, EB2). I have I-140 approval notice, I-797 (Notice of action for H1b). For H1b also, there is a similar 'labor approval', but I do not have any papers to show that. I was told to take my waiver approval (foreign residency requirement- waiver), and I-797, and I-140 approval.
Thank you,
pradeep
Pradeep, can you post your credentials that entitled you to NIW(EB2). Just curious. You have a PhD?
more...
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gc67890
11-16 10:19 PM
IV gurus Please help.
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.
Is it true if a company laid of people it should wait 6 month before it files for labor again?
Is there a way to avoid the waiting period.
My friend is in 5 th year of his H1B
Thanks
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h1bnogc
08-28 10:03 PM
Hi Martin,
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
san3297: Please share your experience, it will be greatly helpful to many.
Thanks once again for your reply with in no time.I really admire your service.I went through your Faqs but the part i dint understood is..
If you don't show the extension approval notice (maybe because you didn't know the case was approved before you returned), you will get just the old expiration date on your new I-94. This will then be the operative end date, not the extension date. This is because CIS has a "last action" rule, whereby the last status they give you is what governs. In this situation, the last action would be your admission until the visa and date.
As i get a new I94 attached with expiration date as my new 797 approval date(Assuming i get approval after my travel when i am in USA) .So my old I94 is valid till My present visa date and after that i have my New I 94 which is valid till my Extension approval date.So iam unable to get what complication i may get into.Only problem i can think of is if i dont get I 94 attached to my I 797 Approval Notice.Do let me know if iam missing anything.Thanks again.
san3297: Please share your experience, it will be greatly helpful to many.
more...
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Michael chertoff
04-07 05:58 PM
Please stop this discussion about US university and Indian university or for that matter about octopus
This thread is about Retrogression, priority dates and Visa bulletins so if someone has seen the May 2011 VB lets talk about it
Agreed. just talk about Bulletin.
This thread is about Retrogression, priority dates and Visa bulletins so if someone has seen the May 2011 VB lets talk about it
Agreed. just talk about Bulletin.
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GoneSouth
03-15 05:25 PM
If the first labor is done through PERM, can the 2nd labor be filed? I had heard that there is a policy of one PERM per company per employee. Does that not apply if the new job with the same company is substantially different. That's right. Second PERM can be filed for same employee at same company if first PERM is already approved (not pending) and second PERM is for a "substantially different" position.
Would you please elaborate on "substantially different". If the job title is different and job duties are very different, would that qualify as "substantially different". I have been thinking about doing the same. This is not well defined. In my case, the second PERM was for a position in a different O*NET category and a different job zone, and this was considered "substantially different" by DoL. My guess would be that if the two positions are different O*net codes, you should probably be fine (this is a guess only - please consult your attorney).
Is there any issue when 1st labor was not a PERM labor and 2nd labor is going to be PERM labor and both from same employer ?Sorry, I don't have any experience in that area, so I can't comment.
Would you please elaborate on "substantially different". If the job title is different and job duties are very different, would that qualify as "substantially different". I have been thinking about doing the same. This is not well defined. In my case, the second PERM was for a position in a different O*NET category and a different job zone, and this was considered "substantially different" by DoL. My guess would be that if the two positions are different O*net codes, you should probably be fine (this is a guess only - please consult your attorney).
Is there any issue when 1st labor was not a PERM labor and 2nd labor is going to be PERM labor and both from same employer ?Sorry, I don't have any experience in that area, so I can't comment.
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shishya
09-02 11:13 AM
When i called last time when my wife EAD got approved, they told me the address on the application. So they should know.
Did you get Soft LUD after you filed change of address? If yes, then it's probably updated.
I did not get any soft LUD. Will all the updates happening, folks getting second FP, I wanted to make sure my case is not getting delayed due to some mistake either on their or my part. If nothing else, upon changing the address using online means, USCIS should have sent me a notice in mail at my new address to confirm the change, which I did not get. Hence the query.
Did you get Soft LUD after you filed change of address? If yes, then it's probably updated.
I did not get any soft LUD. Will all the updates happening, folks getting second FP, I wanted to make sure my case is not getting delayed due to some mistake either on their or my part. If nothing else, upon changing the address using online means, USCIS should have sent me a notice in mail at my new address to confirm the change, which I did not get. Hence the query.
chanduv23
12-25 11:30 AM
Great Idea!
I'm thinking of printing some and leaving it in local worship places mostly visited by immigrants(in my case its a hindu temple)
You can post it on the notice board. Generally temples charge $2 or $5 for putting up a notice.
I'm thinking of printing some and leaving it in local worship places mostly visited by immigrants(in my case its a hindu temple)
You can post it on the notice board. Generally temples charge $2 or $5 for putting up a notice.
moe
02-11 07:49 AM
i lostmy legal in 2002 (b2). during 2003 i won gc lottery . we did al paper work till last step.my lawyer toll me dont go couse deportation. In 2005 my employer apply gc for me (em3) In April 2006 I-140 aproved.now we waiting for priority date..
My question to you .. my lottery case priority date can be use for my eb3 case?
My question to you .. my lottery case priority date can be use for my eb3 case?
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