Friday, July 1, 2011

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  • lotsofspace
    12-31 01:32 PM
    Now that it is 180 days Since Jul 2nd and some of us are thinking about AC21. Some are invoking AC21 and sending the documentation as soon as they change jobs and others are thinking of not informing the CIS (AFAIK Informing CIS is not mandatory as per AC21).

    A friend of mine changed jobs 3 times after filing I485 never informing the CIS and got his GC without any RFE. He has the luxury of the lawyer who originally filed the I485 work with him and the company never revoked I140(because they laid him off). Another friend sent the documentation about invocation of AC21 and got RFE.

    It is expressed in other related threads to start a poll so that we can have an idea of trends in AC21 usage.

    This is a simple poll.

    PLEASE CAST YOUR VOTE ONLY IF YOU HAD ALREADY CHANGED THE JOB. DON'T VOTE IF YOU ARE JUST THINKING OF CHANGING THE JOB BUT DID NOT CHANGE YET.




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  • amitjoey
    07-03 05:27 PM
    Hi guys
    thanks for the info. Since he got I 485 approved the GC status already began for him or only on receipt of GC his Green card status begins.
    Which is correct? Any help.
    thanks

    I485 approved means GC Approved.




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  • naveenarjun
    02-27 01:17 PM
    Guys,
    how far do u think the PD will advance id the DOL hopefully eliminates all backlog by 2007?

    DO u think the PD will move forward by months,years?any Ideas?




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  • rajuseattle
    03-02 12:55 PM
    rajpatelemail,

    U said it right, I dont know why IV admin/moderators keep allowing such abusive language in the IV forum.

    IV forum is suppose to help legal immigrants dealing with different immigration related situations, instead now its turning into the forum where people started hatred.

    IV admin please intervene and stop these kind of posting, which hurts IV's cause.



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  • fromnaija
    06-28 03:52 PM
    Hi:

    I am currently using EAD. My I-485 is pending status. I am planning to get married in India soon. She will be in India as I can not bring her on H4 and student visa is difficult. So dilemma is about 485 name addition. Can I add spouse's name in I-485 application whenever Priority Date is current?

    If yes, then how does it work? I mean is it possible at all?

    As long as you get married before your I-485 is approved, you can file a 'follow-to-join' petition for your spouse when your priority date becomes current. You will need to submit I-824 when your PD becomes current. Your spouse will obtain an immigrant visa overseas after the petition is approved.
    You may contact an immigration attorney if you cannot file this on your own and require help.




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  • mhtanim
    02-19 06:37 PM
    Now that the economy is in the toilet, it looks like people in H-1B will have to pay for it.

    An ignorant group of people don't understand that the world has now changed. They can kick out all the H-1Bs or shut-down the whole H-1B category, but it won't make the U.S. any better. The companies will just start opening offices offshore and more jobs will be lost.

    I am just awfully frustrated to see the fact that whenever something goes wrong in this country, the legal immigrant community will have to pay the price.



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  • sdrblr
    11-30 03:45 PM
    You can try but they recommend going to your own country for stamping if there is a change in status (H1 to F1 or vice versa). If you to Mexico, please have a plan B.




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  • ace007
    06-10 02:27 PM
    I don't understand whats problem with fragomen - they will do everything in paper - never e-file a thing. I see lot of people e-filed their I-140 and already got notice date (second day of efile)!

    Mine is in EB2 case and I had sent all documents (VOEs, Letters from HR of prev employers, W2 and usual) while labor was being filed itself.



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  • vikasgarg24
    07-12 01:14 PM
    No USCIS can't do that. File suite and I am 100% sure you will won.

    I am not a lawyer but a CPA, know some of teh laws also.




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  • kirupa
    12-01 07:38 PM
    You can actually do it more elegantly by fiddling with the HTML DOM: http://michaelsync.net/2008/07/25/silverlight-and-flash-interoperability-using-html-bridge-and-externalinterface-api-by-jonas-folles%C3%B8

    :)



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  • tradahoo
    09-04 08:10 PM
    Hi,

    Anyone knows about filing for PERM on the 6th year of H1B? Will it still eligible for H1B extension?




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  • natrajs
    04-02 01:52 PM
    I see...so my 485 will be processed - it just won't be approved until the PD becomes current again?

    If Everything set and once Your PD becomes current, Then you will hit the Lotto.

    Hope the Best



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  • Blog Feeds
    01-27 06:40 AM
    Some good news for visa (http://www.h1b.biz/lawyer-attorney-1137085.html)holders that are about to loose their visa sponsored jobs or already lost the visa job. In a decision issued today by the Board of Immigration Appeals (BIA) in Matter of Neto, which empowers immigration judges who are considering deportation of individuals with approved work-related visa petitions and pending permanent residence applications. The issue at stake is whether an immigration judge has the authority to decide whether the approved visa petition - issued for one job - remains valid when the individual changes jobs. Without a valid visa petition, the individual will not be eligible for permanent residence.

    In 2000, Congress passed the American Competitiveness in the Twenty-First Century Act, which allowed applicants for permanent residence based on approved visa petitions the flexibility to change jobs. However, in 2005, the BIA decided in Matter of Perez-Vargas that an immigration judge had no authority to decide whether a new job was the same as or similar to the old job, which determines validity of their visa petition. This left these applicants for permanent residence in limbo, stripping them of the ability to benefit from the 2000 law while in removal proceedings because the judges couldn't, and the United States Citizenship and Immigration Service wouldn't, determine the validity of their visa petition.

    Today, in Matter of Neto, the BIA overruled its own earlier decision that denied judges this authority and will now allow them to decide whether a new job is acceptable, thus keeping the individual's eligibility for permanent residence intact. In which case, the visa petition remains valid and the immigrant worker can proceed with an application to become a lawful permanent resident - potentially saving them from deportation.

    Read the amicus brief filed by the Legal Action Center Download file (http://www.visalawyerblog.com/NETO-AmiciCuriaeBrief.pdf)









    More... (http://www.visalawyerblog.com/2010/01/ac21_h1b_visas_immigration_jud.html)




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  • reddy_h
    09-04 03:14 PM
    I heard that GC is for a future position. If this is the case, can labor, I-140 and I-485 be filed for a person and this person join the company after labor, I-140 and I-485 have been approved? The person will join the same position mentioned in the labor cert with salary >= the labor petition.

    Yes you can.



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  • Blog Feeds
    05-16 07:50 AM
    Here we go again. When Obama's Democratic Party controlled the House and Senate, Congress failed to pass an immigration bill that would have provided a path to Residency and later Citizenship for some illegal immigrants who entered America as children. The DREAM Act died in the Senate in December due to a Republican filibuster.

    With Republicans now controlling the House and holding a stronger minority in the Senate, the chances for any comprehensive immigration reform are considered non-existent.

    Obama travels to Texas on Tuesday to make the case that his administration has worked hard to secure the border and the time has come for Congress to deal with the 10.8 million people already in the U.S. illegally.

    He will also argue that those who care about this issue need to step up pressure on Congress to act, a point he has made privately in a string of meetings with business executives, evangelical leaders and Hispanic celebrities.

    Many activists blame the White House for not making the issue more of a priority, and Tuesday's speech is an effort, in part, to shift attention to Republicans who are blocking action.

    Many Republicans and some Democrats oppose the measures Mr. Obama favors that would create a path to citizenship for some people who entered the country illegally, saying it would reward law-breaking. Opponents also say not enough has been done to secure the border with Mexico. The White House says it has put more "boots on the ground" along the southwest border than ever before and has cracked down on employers who hire undocumented workers.

    The administration has also deported a record number of illegal immigrants, a point that has angered Hispanic activists. Federal officials say deportations of illegal immigrants hit a record 392,000 in fiscal year 2010.

    Hoping to push through the political stalemate, Mr. Obama has held private meetings to discuss immigration with political figures such as New York Mayor Michael Bloomberg, business leaders such as John Engler, president of the Business Roundtable; and religious leaders such as Leith Anderson, president of the National Association of Evangelicals.

    Read more.... (http://online.wsj.com/article/SB10001424052748703864204576311460463095954.html?m od=googlenews_wsj)




    More... (http://www.visalawyerblog.com/2011/05/obama_another_push_for_immigra.html)




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  • Ahjeet
    12-03 06:03 PM
    Hi, your experience with visa rules will help me make a better decision. Here's my situation,

    H1b visa on passport expired on Apr/2009. Have approval until Apr/2010. Applied for 3 year extn in Nov/2009 under PP.

    An RFE is raised against the H1b extn (which was applied in Nov/2009). I have vacation planned starting 14Dec/2009; with just 3-4 months left on approved H1b papers, is it advisable to travel to India and do the stamping in HYD? Or am I risking my return to US?

    Please advice, and thank you. - Ahjeet.



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  • milind70
    10-02 04:37 PM
    Do you need to apply for SSN after getting GC? i was thinking that everyone who is working already has SSN... Do you have to get new one? that does not seem right??? please advise

    Raj,
    You dont get a new SSN. You just remove the restrictions that is on your previous card.When u become a LPR you should get a replacement card without any restrictions.If you read my post i mentioned SSN card replacement. I am sorry it might have mislead you otherwise.




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  • amindarshana
    11-30 11:17 AM
    Somebody please reply..

    Still waiting for receipt.




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  • sbmallik
    12-27 03:10 PM
    I will fell more comfortable if the experience letter mentions the last day as 5/17/2009. Otherwise I will simply mention it as April 2009. This way the continuous employment criteria will be met.




    martinvisalaw
    07-30 01:13 PM
    What new regulations are you referring to?




    visli_com
    08-07 04:46 PM
    I did same thing I called them and they fixed it, I already got approvel for EAD.:)



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