Thursday, June 9, 2011

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  • brad_sk2
    09-26 12:30 PM
    How long does it take to get EAD card by post after Finger printing is done?

    I don't think both are related. Folks are getting EADs along with FP notices or receipts at TSC. Its just that NSC is slooow.





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  • dpp
    10-27 12:16 PM
    See you Saturday, please see the previous reply to USIRIT as I suggest we meet outside.

    I have searched for US 31 and 146st intersection for 1 1/2 hours, it is very confusing. Actually, there is no 146st and US 31 intersection as such. It is actually Greyshound pass and 146 st intersection. Finally i went to one Starbucks at 11:45, but nobody was there. Also there are so many Starbucks in and around that area. Please post the exact location with address next time onwards.





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  • Mahatma
    08-15 03:41 PM
    Congrats and enjoy the green!

    Thanks for your continued interest.

    Have a great independence day!





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  • Ψ
    06-09 06:52 PM
    there finally got it...after soo many tries....



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  • pom
    09-04 08:52 AM
    What's pixel stretching ?





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  • gc_kaavaali
    12-10 11:52 AM
    In my view changing employer when you have pending 140 is risky...

    any suggestions if 140 is not approved?

    Filed in August 2007......doesn't look like there is much movement based on tracker!!!!

    EAD in hand



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  • indigokiwi
    04-15 12:06 PM
    Thanks coolngood4u80 and Shanmugnathan ....these are great ideas..can you also please post the Facebook link to 485 filing campaign on this thread??

    Here is the Facebook link (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
    (Or search for "Immigration Voice Grassroots Campaigns and the community
    will show up on the search list).





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  • H1B-GC
    05-27 08:30 AM
    As long as a person is meek and weak, that's what we get - Nothing. With AOS pending, every person in most states are bound to get 1 year renewal..Period. Be forceful but polite in expressing it. Take it to the next level - Supervisor.Ask what they mean or definition of "old I-485". Tell them you are Paying all Taxes (Federal, state, Social, Medicare.... ).

    By the time you come hear, mostly probably, the agent might have approved a 1 year Renewal.

    Seems FAIR is slowly creeping into DMV also.



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  • VivekAhuja
    02-20 03:45 PM
    GC and LC Wage is for FUTURE job offer and has nothing to do with what you earn now. However, massive difference can raise questions as to how you can justify such a big raise. Hope that the question does not rise.





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  • valuablehurdle
    02-23 04:14 PM
    Can anyone tell me which are the states that have in-state tuition fees for the H4 visa holder? It maynot be an exhaustive list but atleast need to start somewhere... Pennsylvania does not allow it... and this is the reason it is becoming increasingly difficult for my wife to keep on studying on my salary.

    Answers greatly appreciated...



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  • gc_bulgaria
    10-09 04:18 PM
    http://www.immigration-law.com/

    10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication


    When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
    The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer’s ability to pay the prevailing wage."

    (1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.

    (2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physical location restrictions.

    (3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
    Remember that when there is a portability issue, two things can ensue. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.

    In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.





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  • dealsnet
    08-04 12:15 PM
    I have received the card with old number without any restriction in employment. Plain card with name and number. At the SSA office they told me the same. So feel free to get rid of last H1B bundle. (surrender old card for a new freedom card)

    Did you recieve old SS# on new card ? or entirely new SS# ?



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  • ItIsNotFunny
    03-12 09:35 PM
    Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
    :):):):):):)

    Congratulations! Have a free life.





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  • NNReddy
    11-19 11:53 PM
    Travel thru UK on advance parole. Did anyone travel thru UK on advance parole. Do you know if you can travel thru UK on advance parole(with UK TRANSIT OR VISIT VISA). Do you need to have USA VISA STAMP.



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  • hebron
    08-10 12:25 PM
    Thank you my_gc_wait and amitkhare77 for your suggestions.

    One last question to amitkhare77, how long did it take after you joined your new employer to file EB2.





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  • meridiani.planum
    04-03 05:49 PM
    inline...
    Hi All,
    I am thinking of looking for other job options. I want to know if you any one of you have changed jobs on EAD and your experience with the whole issue.

    I changed jobs on EAD

    1. Did you find have any issues when getting 485 approved.

    My PD is still 5 years or so away from being current. :)

    2. Did you file AC21.

    No. But hired same lawyer who had filed the initial case. If current employer revokes I-140 (through same lawyer) might send AC-21 letter.

    3. Does the job responsibility has to meet 100% word by word.

    In my case its about 80% the same. In general its better if its as close as possible.

    4. Has any one you applied for EAD extension on your own.

    Not done yet, but will do this year. Its a simple enough form

    5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.

    have been looking at immigrationportal.com for older-timers experience with AC-21 and no one that I know of has go an RFE wrt proving new job is similar to old one.



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  • u.misc
    02-01 09:47 AM
    Dear all,

    I am sorry to post here. I know this is wrong but don't know where to go to. My husband does not have any idea about how to invest his money. Could someone please help me and tell me how you can diversify your savings as an NRI for a safe secure future?
    I rely on him for all this but I get no help.
    Thank you for your support.

    Again, my apologies.

    BUY AND READ THE BOOK TITLED:
    "INVESTMENT FOR DUMMIES" whose GC is in process and priority date in backlogged due to retrogression and by the way married to husband who's cash pooping machine but can't figure out what to do with money.

    Its along title but you sure can get a good deal on amazon.





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  • reddy77
    04-12 04:21 PM
    Thanks, Even I am thinking the same but just worried, would I also get the copy of RFE??

    Don't worry much its more than like going to be a medical RFE.

    I had an RFE recently with similar status. See thread....
    http://immigrationvoice.org/forum/showthread.php?t=24601





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  • waitnwatch
    05-17 11:14 PM
    .......
    Bottom line US Masters and above still need LC, Only thing is they are not counted against Quota....which is the biggest releif ever...

    I think you are slightly off again. This clause pertains only to labor certification and has no relation to quotas as I understand. Remember that there is no such thing as an LC quota. So you still wait in line... Only gain is that the bar for labor is slightly lower because the employer has to show that they hired the best guy for the job as opposed to showing that no minimally qualified American citizen was available. ;)





    snhn
    04-13 06:36 PM
    well this will not no problems if I only knew what criminal record i have on my records. DWI is not a big enough crime to make in admissible. If it was, then they would reject my visa application 3 years ago. They have approved extensions form before with that record. I now have baby boy. he is citizen and I just cant take the risk of taking him to Pakistan. Its just too risky. Som much is happeing there. Bomb blast here bomb blast there. My lawyer is going to use this in his appeal. I just simply am not willing to take that chance. I really dont want to travel.. I just need H1 extension approved here. All they hve to do is bring the extension from Isalamabd and send it to me.





    malibuguy007
    12-21 12:37 PM
    Munna Bhai and Walking Dude, if you don't have anything constructive to add, and you cannot encourage others, then please do not litter the forums.



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