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  • BeCoolGuy
    04-04 07:34 AM
    Ok.. here's the link to save some of your time


    http://www.visalaw.com/05may4/2may405.html


    Read the section on ADJUSTMENT PORTABILITY .


    Goodluck





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  • somegchuh
    05-24 03:46 PM
    There is a lot of discussion in various threads about the new. Essentially the questions boil down to the following. Hopefully some knowledgable people can post here.

    1. What happens if your labor is still pending in BEC (2001 thru 2005 cases)?
    2. What happens if you have an 140 pending filed before May 21, 2007?
    3. What happens if you have an approved 140 and about to file 485?
    4. What happens if you are yet to file 140?
    5. With AC 21 gone will you be able to switch jobs using 485 portability?
    6. With AC 21 gone will you be able to join new employer based on H1 receipt?





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  • baleraosreedhar
    06-28 06:18 PM
    Hi Gurus,

    I have a question regarding the Labour and I 140, I have joined company A with a promise of approved labour.

    My company has filed for my I140 and it got approved.

    I have asked for a copy of my Labour and I 140, the company representative says, these documents are Employer Centric, so they cannot give me those documents.

    I am really shocked to hear this, As these documents are related to my GC, I thought they should be with me,or alteast a copy of it, but that i snto the case.

    I would like to know if any of you guys had faced this problem, or is the reason given by the representative a genuine one.

    Thanks





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  • msyedy
    01-12 06:57 PM
    I understand this topic has been discussed ad nauseam, so I'm not raising this issue per se. I do not know where we stand on the likelihood of this provision getting passed by Feb 15th, but I do know that the Core group must be trying their best to get some provisions along these lines.

    But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!

    Some alternatives are:
    (a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.

    (b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.

    (c) If an Labor has been approved for X years
    (d) If the alien has been on H1 for Y years
    or a combination of any of the above

    Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.


    Why are you making it more complicated. People here want to get things done faster and relief for everyone.
    According to your statement .(New formulas). people with I-140 approved for x years can file I-485 and so on......

    If we are fighting for something nice, why not fight and say that we need everyone to be able to file I-485 like it was earlier. Reducing jam in USCIS is not a simple issue.By decreasing the number of I-485 filing the amount of time cannot be accuratly estimated that would take it to clear a case. USCIS can increase filling fees which they are thinking of doing to handle the current log jam they have, so I think we stick to and follow IV core.



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  • vin13
    12-02 10:21 AM
    Can we apply Emergency Ap for official visit ?

    Probably not. Emergencies are typically for medical reasons or death in family. Most officail visits do not fall under emergency. Most of the decision is made case by case basis. It is upto you to prove the emergency nature and convince the IO.





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  • jack_suv
    07-19 12:21 PM
    Hi all,

    After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.

    Pro:
    The only pro that is available is you can use EAD and AC-21 to get a better job or new job (if laid off) if you satisfy the following conditions.

    Conditions:
    1.Maintain H1 till you bring spouse to USA on H4
    2.your spouse changes to f1 or h1 later after coming to usa
    3. your spouse does not have to travel outside USA till PD becomes current as he/she needs a new visa to enter back to USA. ofcourse can always get a new visa if possible.

    Cons:
    1. Your GC is approved before you get married - very bad situation.
    2. You are married but cant bring spouse on valid H4 if you dont have valid h1
    3. your spouse cant get H1 or F1 after coming to USA and remains on H4 which means you have to remain on H1 and cant use EAD.
    4. Your H4 spouse goes out of status when your GC is approved before your PD becomes current. There may be 180 day grace period here. Experts help?

    The only way possible to realize the benefit of filing 485 which is use EAD and AC(21) to get a better job or an additional job is to do the following

    1. get married before GC is approved.
    2. bring spouse to USA on some visa. if spouse is on H4 you need to have valid H1. if spouse is on H1 or F1 or L1 then no problem.
    3. Move spouse out of H4 into other visa.
    4. You Use EAD to get a different job.
    5. When PD becomes current, spouse applies for 485.


    Potential hiccups in this solution:
    1. USCIS does not like that you used EAD and shifted employer.
    2. Practical problems on getting a company to hire you on EAD.
    3. Doing a status change for spouse.

    If unmarried does not file 485 now::

    1. Be in H1 for a long time with same employer based on your PD.


    ==========

    As I see there are 4 categories of unmarried people

    1. Satisfied with current employer ; PD is in 2004 or 2005.
    2. Satisfied with current employer ; PD is in 2006 or 2007.
    3. Not Satisfied with current employer and planning to use EAD ; PD is in 2004 or 2005.
    4. Not Satisfied with current employer and planning to use EAD ; PD is in 2006 or 2007.

    What are the recommendations for these 4 groups of people?

    Finally one has to consider layoffs or firings!!

    Experts please review the scenario and give your opinion on the above way.

    Thanks a lot. Welcome to the land of dreams and opportunities.



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  • bablata2007
    11-27 03:18 PM
    My 485 is pending with receipt date of Aug 9th, 2007 . It looks like my company is going to layoff a large # of employees. What is the best possible route to take should I lose my job now?

    Pls help.
    Thanks.





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  • NewDocinUS
    02-05 01:52 PM
    I am currently looking for any observership positions on B1/B2. Please let know if you have any friends who are doctors or who know any hospitals which offer observerships to international medical graduates.

    Thanks



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  • ranahosur
    03-24 11:17 AM
    It worked well in my case.
    The HR Head of InComm wrote to me asking me to reimburse the money. They sent a Fedex to my home asking me to reimburse including the cost of the Fedex.

    I talked to the DOL and they said, i can reply to the email informing about my conversation with DOL.
    I did that and I never heard back from the HR VP. Probably no one ever challenged these guys and they were exploiting people. In fact a guy paid $15K for the green card processing to this company.





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  • Anysia
    02-26 11:22 PM
    To Texcan...the idea of looking for another state taht will accept BSPT is a good idea. Ill explore that solution. I appreciate that.

    I have already talked to a lawyer and a lot of possibilities are presented.
    1. File an appeal
    2. Go back to old employer...hope they'll take me back
    3. HAve me work under previous employer as contract to stay with my denied petitioner.

    I dont just hang around here..it pays to be informed. A thousand head is better than one. Lawyers dont know evrything...nobody knows everything. As a client, I have to know as much as I can so I can ask the right question. I plan to hire this expensive lawyer that is notably very good...hope he can find other ways. Ive been researching and reading from other sites not just this forum believe me!

    I am currently licensed in Illinois. I appreciate those who take time to reply and present ideas/solutions---which means more avenues to explore leading to more ways to solve a problem. Thank you very much!



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  • pak
    07-12 02:46 PM
    I have seen many times Mr. Frank Pallone raising money from Indian community in NJ.

    http://www.house.gov/pallone/

    Other Caucuses on Which Congressman Pallone Serves
    Caucus on India and Indian Americans, Founder, former Co-chair
    Coalition for Autism Research and Education
    Congressional Arts Caucus
    Congressional Asian Pacific American Caucus
    Congressional Brain Injury Task Force
    Congressional Caucus for Women's Issues





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  • H1bslave
    04-16 12:45 PM
    I am willing to move to Flower Mound, TX. Any info will be greatly appreciated!



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  • rbalaji5
    02-09 04:07 PM
    Thanks Life2live,
    Could you shed some more light to extend without going out of country. I dont want to go through the same process which I did for H1B extension (thru I-129) due to the recent amendment.

    I live in California now.





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  • camarasa
    07-23 11:23 PM
    I would ask an independant lawyer for his/her advise. Your current lawyer could just be looking for more money from you.



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  • krithi
    04-23 12:38 PM
    First of Change the subject of this thread. This is confusing to state that your I485 is already denied.

    To your question:

    1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.

    2. Opening MTR takes months, if you are lucky then it might be quick.

    Now a question to you.

    1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.

    The safe bet:

    That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.

    Just my thoughts, better consult with a lawyer if you are in such a situation.

    Good luck.

    Raj

    Raj,

    Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.





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  • zCool
    04-01 06:02 PM
    I am waiting for 13 yrs! So frustration should not be excuse for law-breaking..
    Every criminal has some sob story in the back-end that can be used to justify murder, robbery etc etc..
    Anyways..
    You want help.. here goes..
    THERE IS NO LABOR SUBSTITUTION as of June 16 2007.
    If your old sub labor was used by someone else.. AND his GC is not approved yet THEN your company can revoke that 140 and get your 140 approved that way. IF on the other hand that original beneficiary got 485 filed and AC21 invoked then you are plain out of luck.
    I don't know what the heck this company B is talking abt, sending other labor etc.. I think they are pulling some stunt.. and basically lying!
    If you have an option.. change and work for a good employer.. GC and all will happen in due time..



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  • number30
    02-26 10:13 PM
    Thank you. I was going to reply to Dealsnet and state that, but you beat me to it.

    On a side note, i was going to add that out of status itself does not determine the start of the clock, for the 3 and 10 year bans, .. that would be "unlawful stay" determined from the expiration of the date on the I-94 OR an administrative determination of unlawful stay based on when they discovered the out of status situation. However, for the above purposes [GC based on marriage], this point is moot.

    Moreover 3/10 ban will apply only when someone is trying to re-enter US. That means if you stay in US until you get green card ban will never affect.





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  • jcrajput
    10-01 11:31 AM
    They said refile application at the address mentioned at the bootom of the reject notice. And it is from Chicago Service Center.





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  • dog123
    09-18 06:01 PM
    I got receipt on August 29 and approval e-mail on Today (September 18th).

    Rashesh





    nav_kri
    02-23 08:16 PM
    I've always been able to negotiate pay details for a job offer without actually disclosing my current pay. I let the recruiter come up with a number based on the role and living area and then provide feedback based on whether I was expecting higher number or was ok to proceed with the offer.

    As others have mentioned the market is not good or even ok. Can you believe more than half million jobs were cut in just Jan 2009 alone?

    So please do consider the pros and cons. My company did announce layoff recently and someone I know dearly lost their job. I managed to survive this round but would have gladly taken a pay cut if it meant ppl wouldnt lose their job.





    BharatPremi
    11-01 02:40 PM
    When I filed my 485, I gave My company address in all the applications. My company is in Washington State.

    But I am actually working in California from past 7 years. The only place that I specified my current california address is in G325 (485 supporting document).

    Also I move within california after filing 485.

    Because I gave my company address in all the 485 applications, I did not even change my address in any of the applications. I only filed AR11 online for the address change. Advantage with online is, you will get a confirmation number.

    That is what my company recomended me.

    I got my EAD and all other receipts to the company address.

    Waiting for AP and FP mails.

    I also heard from my company that, my company will receive the finger print notice but the appointment office will be in california.

    Hope this helps you.

    What you did is perfectly o.k as you are inviting your documents at your employer's address. With this employer you have a work history. But in case of giving your friend's address or relative's address as your address for USCIS documents purpose may create a problem if in future if you do not mention that address as your past residence address in the "Address History" which generally require for any back ground checks.



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