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  • asiandude2
    03-06 03:45 PM
    sledge_hammer , dpuranik or anyone else

    Can you let me know who is your lawyer for GC processing

    You can send me a private message if thats better for you.


    thx





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  • gc_in_30_yrs
    10-03 08:50 PM
    I have two passports one with H4 Visa stamped and another Surname changed. While entering US, I have used my name as in the Visa (new surname) in the I-94 card.

    I have applied for H1B with new surname in this May and change of Status with that I-94.
    During H1 processing, I have travelled out of US and while entering back I have used old surname( as sometime back DMV ppl told that the name on I-94 should match with H4 Visa)

    Now I got H1 approval and COS approval with my middle name taken as first name and new surname.

    1) First thing is, the I-94 on COS approval and I-94, currently present in my Passport does not match.
    2) First name and middle name are interchanged in the passport and H1 approval.
    Is this going to create any problem while applying SSN? What are the possible consequences..

    Also, any similar scenarios, plz respond..


    in your situation it is advised to talk to an immigration attorney like Murthy or someone like that. They can help you out with this. You may be scared to death by some of the posts here.





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  • minimalist
    11-07 03:31 PM
    Friends,


    One approach I can think is to meet officials and explain them to automatically disable the employers from doing so...An approved 140 should not be allowed to cancel, once 485 is filed and 180 days passed. This will stop the wastage of resources and help to improve efficiency for CIS. Is there a chance we can convince this??? more on the side of administrative fix???

    How about making an official AC21 form (like we've AR11 for address change)? CIS can charge a small fees to file for AC21, it will guarantee candidates that their AC21 application has reached to CIS.

    Thoughts?
    Employer has to show that he can support all the employees that have an 140 pending. It cannot be attributed to being sadistic alone.
    However, having an official AC21 process would be good.





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  • qualified_trash
    10-06 08:47 PM
    From Murthy.com

    " AC21 portability is generally available to an individual who is the beneficiary of an approved I-140 and whose I-485 has been pending at least 180 days. The benefits of AC21 portability are available to any otherwise qualified individual, even if there is not an available visa number for his/her case."

    if the PD becomes current and someone files the 485 and then retrogresses, they are the ones that can use this

    "As long as the person had previously filed the I-485 when the priority dates were current and that I-485 remains pending, one does not need to have a current priority date in order to change jobs under AC21"

    from the link http://www.murthy.com/news/n_porret.html



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  • gsrknth
    03-09 05:02 PM
    I would suggest you to renew it here in US. If you don't have time to mail in and receive , then you can visit the consulate and get in back the same day. I am sure it would lot of time in India :-)





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  • athanga
    12-14 05:18 PM
    "So my wife and me are shuttling between India and US to even meet each other. "

    Can't you bring her on H4...???


    She is on H4 right now, but working in India, so visits when she gets a vacation and I do the same, hence the shuttling :(

    Arun



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  • vishwak
    11-23 10:54 AM
    I think you might have missed soem field in Application like Eligibility Criteria or made mistake in selecting the proper answer.

    I heard that some people are getting EAD for 1 year only, which is sad and again have to go back and pay $360 (Taxed money) in a year.





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  • aguy
    08-03 04:12 PM
    how is it determined how long the EAD will be renewed for? If there are no fees associated with filing the renewal, then it probably doesn't matter.



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  • vardinishankar
    03-02 01:06 PM
    My case is as detailed below, and my questions follow:

    PD: July 2007, EB2 (India), Software field
    Labor, I-140: Approved, I-485 etc. NOT filed.
    H1 Petition and Visa valid until: Jan 2011 (after 7th year extension)
    Currently outside US, NOT working for the H1 sponsoring employer.
    My employer has NOT revoked my H1 or I-140.
    I was working for the employer in US where the GC process started. Then moved to Canada in early 2008 when the PD was highly retrogressed/unavailable. Since then, worked in Canada in related field for a different (Canadian) employer. Things have been tough here: lower pay, very high taxes, friends all in US, and especially - the weather. We would like to return to US.

    I will soon be able to apply for Canadian citizenship. I am in a dilemma now - whether to return to US on H1 NOW or to become a Canadian citizen and try my options LATER. I have the following questions:

    (Same employer, as Indian citizen, knowing that I did not work for them for over 2 yrs, and was outside USA):
    1) can I now(or anytime until Jan 2011 visa expiry) return to US to work for the same H1 sponsoring employer on the existing H1?
    2) would I be allowed the H1 extension in Jan 2011 based on approved I-140? Or is that doomed to be rejected because I was not working for the employer in between for over 2 yrs.
    3) Would the fact that I was out of US for 2 years help me get a "regular" extension?
    4) could I continue the GC after a gap of 2 yrs while I was not working for the employer?
    5) if yes, will my PD of July 2007 be maintained?

    (Different employer, as Indian citizen, knowing that I am currently out of the US):
    6) if I get an offer from a different employer in US, could the new employer do an H1 "transfer"? i.e. would I need to wait for the April 1/October for H1 application/visa and would it be counted against the yearly H1 quota - or - can the new employer do the H1 "transfer" immediately?
    7) For the H1 "transfer", would I need to produce US paystubs for the last few months (which I cannot, since I am not in US)?
    8) if the new employer applies for my GC, could I re-use my old PD of July 2007? If yes, would the profile need to be exactly the same as the previous Labor/I-140?

    If I become a Canadian Citizen:
    9) if I become a Canadian citizen, (my H1 would have expired by then) will I be able to return to work on H1 in US for the same or a different employer as a Canadian Citizen?
    10) could I reuse my PD of July 2007 when working for the same or a different employer after changing my Citizenship? Would the job profile need to be the same?

    Also:
    11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?
    12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?
    13) when do the dependents' citizenship come into the picture in the GC process? If I continue to be an Indian citizen but my spouse becomes a Canadian citizen, will my approved Labor/I-140 be affected in any way?

    Please help me in getting the facts so that I can make an informed decision in this dilemma. Any help appreciated.





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  • DallasBlue
    07-05 12:19 AM
    here you go...


    Reversal Frustrates
    Green-Card Applicants
    By MIRIAM JORDAN
    July 5, 2007; Page A2

    The government's surprise offer, then abrupt reversal, of an opportunity for thousands of skilled foreign workers to obtain permanent residency in the U.S. highlights the problems of the overtaxed immigration system and the frenzy that results from a chance to apply for a green card.

    The scramble has put tens of thousands of workers and their families in limbo after many of them and their employers spent thousands of dollars in hopes of securing permanent residency. It may result in a class-action lawsuit against the government by frustrated applicants.

    The problem began on June 12 when the government seemed to open the door for thousands of foreign workers and their families to end the long wait to apply for a green card. That is when the State Department published a Visa Bulletin, which is a monthly notice closely watched by immigration attorneys and their clients because it determines who is eligible to file a green-card application the next month. The June bulletin announced that practically all skilled foreign workers who had been previously deemed eligible for an employer-sponsored visa could now take the final step of applying for a green card.

    By law, the U.S. can issue about 140,000 employment-based green cards each year. Last year, the government fell short by about 10,000, despite the long waiting list; leftover visas cannot be rolled over to the next year. The June announcement aimed to prevent the visa slot from going to waste, according to a State Department spokeswoman.


    The announcement was greeted with a mix of jubilation and panic by thousands of engineers, lab scientists and other high-skilled foreigners who had waited years for their place in line. Working ahead of a July 2 date for filing the application, intending immigrants rushed to gather documents, complete paperwork and obtain medical exams. Many of their dependents boarded planes for the U.S. to meet a requirement that all family members be present at the time of filing.

    "The bulletin created a land rush among legal immigrants desperate to finalize their green-card applications," said Steve Miller, a Seattle-based immigration attorney.

    Then, on July 2, the State Department issued an "update" that reversed the previous bulletin. It stated, effective immediately, there would be no further authorizations for employment-based cases. The U.S. Citizenship and Immigration Services, which processes the applications, said it would instead simply process existing applications to meet this year's quota. "We already had sufficient applications pending without new applicants...," a spokesman said.

    Mike Aytes, head of domestic operations for the USCIS, said all 147,141 employment-based green cards have now been issued for the year.

    Write to Miriam Jordan at miriam.jordan@wsj.com



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  • cashah19
    06-15 01:26 AM
    Similar situation...

    I am getting married in the 1st week of Sep and am planning to get my spouse by mid Sep.

    Can someone please suggest if I am fine, if I apply alone for I-485 around Jul30(and not for EAD and AP??) and add my spouse around sep20th. I-140 approval is pending and have a valid visa till '08.

    How long does it take for the I-485 'approval' and is 2-3 months a safe window to add ones spouse?

    Any suggestions and help with my planning are greatly appreciated. :)

    I am in a similar situation. I am getting married in July 4th 2007. (What a day to loose my independence) in India. I am planning to come back and file my 485 before July 30th. My spouse is going to endorse her passport and come soon after, but won't be before Aug 15th. I also wanted to know what was the time window after my filing that I could still add my spouse. I have approved I140, PD is Nov 2006.





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  • desi3933
    03-02 03:35 PM
    ....
    11) is it possible to switch the GC processing to "future employment", although the Labor/I-140 were approved with the understanding that I was to continue working for the same employer?

    Yes. GC is always for future employment.


    12) is the H1 visa/Priority Date of approved labor/I-140 carried over when the individual changes citizenship - from Indian to Canadian?

    Changing citizenship does not affect how Priority Dates are recaptured.


    13) when do the dependents' citizenship come into the picture in the GC process? If I continue to be an Indian citizen but my spouse becomes a Canadian citizen, will my approved Labor/I-140 be affected in any way?


    It is country-of-birth that matters. if your spouse is born in another country that is not subject to PD backlog, you may apply your I-485 to your spouse�s country of birth.


    _______________________
    Not a legal advice.
    US citizen of Indian origin



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  • abhilashny11
    12-03 06:18 PM
    Firstly, i would like to thank you for replying to my question. Please find the below email sent by my lawyer today:

    As per our conversation, attached are the two lists that you can review.

    Starting from November 1st *Onet has changed the positions for software professionals, please find information below according to *Onet http://online.onetcenter.org/

    There are no EB2 positions available for the Software professionals, only EB3 positions are available. However as we discussed earlier if the company has a business necessity and are able to produce the documents for the business necessity you can file the case under EB2, which is still beyond the requirement according to Labor Department.





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  • unitednations
    02-08 12:11 PM
    Isn't the UK issue different.

    They are trying to change rules retroactively. There is no such thing going on here.

    A similar stance would be if in midstream: lawmakers changed retroactively that only if the job makes more then $150,000 it is qualified for EB2; only companies with revenues of over $20 million can apply for greencards. If they changed the rules retroactively in USA which would preclude people who are already in line; then you would see massive amounts of protests.

    However; what is happening in UK is not the same issue here. Same thing happened in Canada a few years ago when they changed the point system and wanted to do it for people retroactively.



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  • aaaj
    07-22 11:09 AM
    My wifes also had same problem. I read some where in this forum that you can add a line in your affidavit that "my son was known by nickname <your name on BC> as an infant".





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  • Canadian_Dream
    10-19 02:19 PM
    You are making an assumption that an approved petition is an indication of a valid status for the entire duration of extension. This may or may not be true after the I-140 is revoked.

    It is kind of dicey...If you are quick enough you can pull it off...
    You can refer to some posts up above that some people have actually done it..

    Especially if you are laid off you have not much to lose and try something ...
    USCIS has traditionally not taken a hard line against H1B as far as I know...



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  • Radharamesh
    04-22 05:06 PM
    I have been working for company A for last three years and they filed for H1 extension with Vermont service center under premium processing and today my company fot a fax from USCIS asking some questions regarding my managerial qualifications even though they have filed my application based on senior analyst programmer position. In my department I am the only programmer under my manager. Others are data analyst person and they directly report to my manager. Here are the following questions that has been asked by the USCIS:
    ************************************************** ********
    Provide a short answer to the following questions:

    How many subordinate supervisors were under the beneficiary's management ?

    What were the job titles and job duties of the employees managed ?

    What executive / managerial and technical skills were required to perform the overseas duties ?

    What defree of discretionary authority in day to day operations did the beneficiary have in the overseas job.

    A final decision will not be made for 33 days. During that time you may submit evidence to overcome the reasons for denial.

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

    My visa is expiring on may 15 2008. What will happen if I do not get the approval by May 15 2008 ?

    Did anyone received a letter like that before ?

    Do you think the last statement of USCIS mean that I am right now rejected for extension and my approval depends on the document I am supplying ?

    How we should approach the answer to the above questions ?

    Any uick help will be appreciated as we have to reply to USCIS very quickly.

    thanks in advance
    Radharamesh





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  • abh
    07-31 09:43 AM
    Yesterday evening even my case got transferred to local USCIS office . I have LUD on my I140 for today.My daughter's case is still with old LUD.





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  • pappu
    11-13 01:00 PM
    A top national reporter wants to speak with someone in EB
    community who may have recently lost his/her job due to current
    economic situation. I think it would be best for our cause for someone
    who was offered a new job possibly in the 'same or similar' area
    immediately after losing their job. It would help to highlight that
    the highly-skilled immigrants are in demand because of their skills
    even when the economic situation is not doing well, but, there is no
    reason to keep us in limbo for over a decade, merely to test our skill
    level. There are better ways to test our skill level. If you or
    someone you know fits this profile, kindly email your information and contact details to info at immigrationvoice.org
    immediately.

    The reporter will also highlight the housing angle and that we can
    start new ventures that could potentially create new jobs to uplift
    the economy.

    This is a big opportunity as the interview from this reporter will be published in most big newspapers and on news websites. We need someone urgently today if possible.

    ===================
    UPDATE FROM THE REPORTER
    Actually, what I'm looking for is very broad -- anyone on a work permit
    who is concerned about the current economic situation and job losses in
    the U.S. economy.
    ==============
    The reporter is trying to speak to immigrants waiting for their Greencards about their concerns about job security, if they have a plan B, if they've been pushed out in restructurings/layoffs and moved to a new job, etc, as they hear the layoffs this year are affecting such people, particularly in the
    financial sector
    ====================

    So I guess a lot of people on the forum will qualify. If you are good with interviews, pls contact asap.





    sri1234
    02-15 12:01 PM
    H1 B Alien need not be paid all the time. I guess one can be on unpaid vacation for a while. pls see below.


    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD

    Krishna_brc is correct. H1 B alien can be on medical leave, sick leave and can be unpaid during that period.





    rkdownload
    01-23 10:59 PM
    It's getting tough day by day on H1b extension
    Read this case
    http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=4234032861&m=3121052681