Saturday, June 25, 2011

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  • sanju
    03-06 02:15 PM
    You called office of which Senators?

    Just a little update, Called up my Senator's office this morning..Started talking about country Cap issue, the guy knew everything about it, he took notes & promised he will pass it on to the Senator. Here's what I suggested him

    1) Lift the Country Cap for Temporary period of time, may be just for 2 years.
    2) Limit the Maximum waiting time, say if one applicant is waiting for 5 years than country cap should be exempted and he should be given a preference over a person who�s PD is just 1 year old.

    He specifically told me 'your second point is very good, I'll certainly share these with the Senator'...

    I urge you guys to contact your senators & Congressmen/Congresswomen

    We have a group which is focusing on this issue, if you want to join us here's the link

    http://groups.yahoo.com/group/yourvoiceiv/




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  • WeShallOvercome
    07-30 03:28 PM
    Do you get the FP notice by email or snail mail?

    snail mail




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  • raysaikat
    05-24 04:01 PM
    Hi,
    My H1 B is expiring on 30 Sep 2010. I have not started my green card process. Is it too late to start now?
    You can start your green card any time. The initial part is your employer's responsibility. So you have nothing to lose.
    Can I get extension based on number of days I have been out of country in last 6 years.? (119 days)
    Yes.
    If I include that is it still late to start and not worth my time and money? What are my options? If I leave the country and come back after 1 year, I will be counted for the H1 B quota?
    You will be subject to quota again, but your H1-B clock will be reset (i.e., you will again get 6 more years).
    I have MS in CSE from univsersity in USA. My husband applied for GC and I have dependent EAD till Oct 2010 but then he moved out of USA last year and got H4 to come visit. Is that application still valid for me to be able to get EAD extension?
    If the primary's GC application is active, then the dependent's EAD is still valid.
    Can he still come back on H1 B or EAD? Any help/advice on my situation will be very helpful.
    Thanks!
    If your husband gets his own H1-B, then he can still come back on H1-B. As long as the GC application is active (no decision made, not withdrawn, etc.), then you can still be on EAD while the primary is on H1-B.




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  • bang
    01-07 05:03 PM
    Thank you all for your repiles. I have asked my wife to talk to their lawyer directly.
    It is not a rule, but it depends on how the approval is given by USCIS. If you get a extended I94 along with the H1 approval then you are all set, if you get an approval with no I94 then you need to get a stamping before starting work. Consult lawyers they will explain it better.
    My wife went through the H4 - H1 Conversion which got approved last week, we are still wating to see the approval document.



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  • Administrator2
    03-13 12:28 PM
    I have a question.
    How do I contact my senator ?

    I know his phone number in DC but was not sure if I just call him up directly on the phone number or if I do it differently. Any suggestions would be greatly appreciated.

    eyeopeners

    Please refer to the word document 'Guidebook: How to meet your lawmakers' at the top Menu

    Advocacy > Guide-Meet Lawmakers




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  • fide_champ
    04-06 06:30 AM
    Hello all,

    Anyone knows if there is a certain length of time that I need to be employed with my GC sponsor after 485 approval?

    I have heard 3-4 months, but I am wondering if there is legal time limit or if this is a "good faith" limit.

    Appreciate responses.

    The time limit is 6 months. But if 6 months have already elapsed after filing I485, then you are free to go anywhere.



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  • pappu
    07-20 05:10 PM
    I asked this question several times, this is what the answer I got.
    To get L-1 visa, you need to work for sister or parent company for a year outside USA. Here is the problem come.
    I am on the Same boat, How care about GC. But I care about my wife's work authorisation, she has done her Ph.D and completed her 6 year H-4 too. Even if some one offers her H-1B she cannot take up, until there is a decoupling of H-1 and H-4

    if your wife has no time left on her H visa, and she is a phd. .. she can do research on J1 visa. She can work and also apply for greencard.




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  • kishdam
    02-07 02:22 PM
    Such agreement is not against the law. GC is for your benefit, not employer's.
    So technically employer may ask you to reimburse I-485 filing fees (including attorney fees). Permanent residency is I-485 approval. What is the exact language? May be you can avoid paying you can just switch to another employer?

    Thanks for all the responses. Yes, I am planning to move before my I-485 is approved (with current retrogession my EB2 PD of 05 may need another 3-4 years to get current unless there is a change in the rules). Infact I am changing jobs next month. What I am worried about is when I give notice my current employer will sure bring up this agreement and might ask me to repay. I will try to convince/negotiate in my own way and try to settle amicably. But if does not happen I am worried about what the employer can do with this agreement - since the exact wording in the agreement says that I have to stay at the employer for 2 years after the approval of permanent residence application. I am trying to find the legal definitionof "approval of permanent residency application" - my interpretation is approval of I485. I will try to reason that my "permanent residency" application is not yet approved and will try to repay some reasonable amount. Hope it works.

    For others wondering why I am worried so much - the agreement simply says that all expenses incurred including fees, lawyer charges, other administrative/misc expenses. It worded so vaguely (I know I shoud not have signed) they can throw any bill at me.



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  • aachoo
    03-23 12:36 AM
    Could someone tell me please.....I'm filling the application for advance parole the first time......what should I write where it is written: " Date of intended departure"...if I dont know exactly when I'm leaving....should I write a date or should I write " I dont know yet?"

    And also I read that the documents required are 2 photos, I-485 receipt notice, I-140 approval notice.....is that right? or what other documents do I need?

    I would highly appreciate your help!
    Thnaks in advance!

    I am on my third AP- all filed through my attorney. All my applications say "ASAP". Length says "several weeks"

    -a




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  • raysaikat
    04-07 12:02 AM
    AC21 allows you to change jobs after 180 days of filing.

    AC21 allows you to change jobs after 180 days of filing before getting your green card. I do not think that you can invoke AC 21 after you have got your GC.



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  • KKtexas
    11-25 04:31 PM
    vxb2004,
    Was there any LUD on ur 485 after u sent AC21 Documents in Apr?.




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  • dassumi
    12-23 03:00 PM
    You can use your AP with no issues. That's the exact intent of that document.


    Hi Guys,

    My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.

    I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.

    I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.

    Thanks and have a great weekend,



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  • jaggu bhai
    08-10 09:18 AM
    We did the COS from H4 (stamped) to F1 for my wife ourselves. It was easy, no lawyer but we got an RFE on the dollar amount so we replied again ourselves (giving an excel sheet etc). You can do it yourself.



    frostrated & smuggymba

    Thanks for ur replies....
    As I am EB3 - MAY 2009....No question of I 485 soon....
    thats the reason for the F1....

    U said to show the intent that we leave US back....but my I 140 is approved which makes the letter of intent very contradictory (unless they dont see my papers when processing my wife's F1).

    And also, see the pattern She was on B1 - H4 - F1 (all COS), this is the main concern.
    Whether is the letter of intent makes them believable!!!

    Regarding funds availability, We have funds equivalent to 80% of 1st year fee (which shown on I 20), AND ALSO I AM SUBMITTING AN AFFIDAVIT THAT I AM SPONSORING MY WIFE.

    Frostrated: College is only giving I 20 rest of the things we have to do ourselves.




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  • sunny1000
    06-19 03:00 PM
    My case is already at the embassy since march 2007? Not sure when they schedule interview ?does anyone know the time lines.

    Did you check the Embassy website? They post the interview dates for all the applicants scheduled for the following month. You can email them or call them and I am sure they will respond.



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  • nozerd
    03-25 07:59 PM
    Awesome airline. I would pay $ 100 premium over other airlines to travel via Emirates. Excellent food and service. Cool stewerdesses too.




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  • freddy22
    07-13 11:07 PM
    My son 18 and a green card holder since december 2005 - entered the US legally in 1999 lives with me his father - mother in other country - no ties to other country - UK:
    He has a sister here - and me and other family members:

    He was involved with taking snow mobiles last december and charged with midemeanors reduced from felonys - 2 felonys reduced on plea bargain:
    He was sentanced to 3 years probation, and some days per week in jail which he served but is still on probation:

    He picked up another charge when entering a friends house and was with another person who stole two items - a laptop and a wii - he was charged with burglary in 2nd class C felony - we have a attourney and hopefully can get it reduced to a misdemeanor:

    He is currently in jail on $25,000 bail:
    He appears in court on wednesday - we will ask for a bail reduction:
    Obviously a violation of probation is filed and he has this new charge and the old charges he was put on probation for now hanging over him:

    This kid was mixing with the wrong crowd and I need to get him away from that and will ask the judge to send him to boot camp where he will learn discipline, responsibility and grow up:

    My questions are:

    would he be depostable or would he face any involvement regarding immigration?

    If his charges are misdemeanors including this felony reduced to a misdemeanor - meaning never having been convicted of a felony - does this constitute removal proceedings or involvement in possible deportation?

    Your advice would be greatly appreciated



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  • franklin
    07-20 08:43 PM
    To my knowledge, neither paystubs, W2s nor tax returns are required for filing.

    However, some attorneys (mine included) requested my tax returns for the last few years. I think this is so they are prepared just in case of RFE on something?

    To answer the original question with a quote from my grandmother whenever I whined, "but that's not fair" as a kid, "Life never is"



    The law is the law. We abide by them. We can lobby for changes to said law if we believe they are incorrect, but we don't break them before they are changed.




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  • kerstbrd
    07-09 12:02 PM
    Then why do we need an attorney if we are there to correct them. We provide them with proper documentation. They make sure they put it correctly in the form. I can understand if a wrong document has been send and that caused the error but otherwise what are they for.

    That was my feeling all this time. Why couldn't they just give us all the proper forms to fill (which we don't need lawyers for) and then correct the mistakes.




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  • pmamp
    12-07 11:43 AM
    Hi,

    I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.

    I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.

    If I change the employer, will I be subject to H-1 B visa quota restriction?

    I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.

    However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.

    I would appreciate your advice very much.

    Thank you always.


    Sure enough. You need to have h1b visa #s available to transfer from non-profit to profit org. I am in the same boat and you will have to wait till next year's quota. As said, you may transfer between non-profit orgs as many times you like in 6 years. Sorry.




    sampath
    05-26 11:29 AM
    Thanks for the great work done by the IV Core Team, QGA and all Senators and their staff... For QGA, is there a specific person/address where we can send out thank you letters to ?




    tammigaw
    02-15 02:14 AM
    It says own/lease/solicit ...blah..blah with any competitors , but the language is very generic and now he says that there is a word in the text and it could be opened to any interpretation based on his convinience .

    When i asked him to explain the clause during the time of signing he said that i could not join his competetors for this client . I felt this cluase is reasonable to protect on his business interests , so i sighned it .

    Now he is manuplating it to accomodate his interested , so he can squeeze more money out of me .

    During my stay here , he NEWER paid me on time andi had to call him 20 times and mail him for 10 times ..literaly begging to get my pay .

    If in worst case , if he tries to execute this non compete in court i am not sure if it stays valid , based on the manner he ran his business .

    Can any one please shed some light in this grey area.



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