Sunday, June 12, 2011

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  • kum25
    09-17 01:23 AM
    I am working with Company B on H-1b. My GC labor, I-140, I-485 and EAD is filed by Company A. Now, I am close to getting EAD in few weeks. Few say that once EAD is approved, then I have start working for Company A immediately. Others say that GC and EAD is for future employment with Company A and hence, I should start working for Company A only after GC is approved.

    So, I have two questions and need advice.

    1. When should I start working for Company A, upon approval of EAD or approval of GC.
    Ideally, I would like to start working for Company A upon approval of GC.

    2. Even, if I want to transfer EAD to Company B, the job title differs as the job title on GC is more junior than the current role.

    Please let me know if anyone has similar situation and need what the reality is when EAD is approved.

    Thanks.
    Kum25





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  • map_boiler
    08-11 03:28 PM
    Congrats bluez25!

    Guys,

    I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.





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  • andy garcia
    07-18 04:21 PM
    Anyone got a working link for this? I had at one point, but now I can't seem to find.


    CIS AFM (http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=724ce55f1a60168e48ce159d28615 0e2)





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  • nisthana
    02-18 06:11 PM
    Thanks for replying. I just came back from the court and got back the following
    1. Court certified copy of the complaint
    2. Court certified copy of the whole case docket
    What I found was my charge was reduced from DUI (VC 23152(A) and VC23152(B) to Wet reckless (VC 23103.5(A)) by negotiations with DA. The docket also mentions that I have paid all the fees and completed all the courses assigned to me.
    Does this help in this matter?
    I am going to consult an attorney but does anyone know what could be attorney charges in such case?
    I honestly did not know that I needed to mention DUI in the application otherwise I would have since I have nothing to hide and I want everything to be straightforward.



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  • muthukmk
    08-03 06:01 PM
    To pd_recapturing

    My I140 was approved after I filed my 485. Can I still use interfiling?





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  • agt
    05-22 11:42 AM
    My Employer is not paying me salary even I am on Project.
    can any one please tell me that how to report to DOL about this company.

    AGT



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  • ss_col
    08-21 12:15 AM
    You are very eager to get an answer to make your case. Have you contributed?





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  • santosh_3000
    07-18 12:11 PM
    Hi,
    I applied I-140 using substituted labor(13th July 2007, receipt no yet to come) on future employment basis ..

    Since, USCIS has allowed filing for I-485, I wanted to file my I485, with my future employer but he is not ready to file I485 until I come to his payroll.

    I need your valuable suggestions to make my decision, my questions are:

    1. If I want to join on his payroll, I have to leave my existing company/Client, so that I485 can be filed ... Should I agree for this? what's your opinion???


    2.How safe do you think, idea of leaving my current established long term client and finding new client through him , for filing i485 purpose ?

    3. Also, I am not sure about how/when my labor substitution will be approved? And in worst case, if it gets rejected, where I am going to be( I completed 3.5 years on my H1 visa which means I have 2.5 years remaining in my 6 year)???

    5.What are the benefits (and in what timeframe) I can expect if I decide to file I485 now ?

    Many Thanks in Advance!!



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  • LookingForGC
    12-09 02:51 AM
    Friend of mine was started working in a diff job in few weeks. But his employer agreed and he didnt had any issue from his employer.





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  • paskal
    12-08 11:31 PM
    Dear friends,

    We are hoping to here from members in MN, there is much to be done yet...let us build on the energy from these last days.
    Please visit the Chapters thread in the members only area and post your info and ideas in the MN chapter thread. Thanks!
    OR use this thread if it is just more convenient....



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  • ruby
    05-03 12:04 PM
    I have few united air miles, which I can donate.





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  • alparsons
    January 1st, 2005, 02:26 PM
    by the way the reason that strobe is tricky (I didn't say on previos post). is that you can't see the exact efect of the lighting through the camera



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  • gc03
    10-20 10:31 AM
    I went to stamping in Montreal on 10/10/06. No issues or problems. I also recommend to be prepared for a lot of questions, and take all the paperwork.

    My visa was also expired in 2004. I got 3 years VISA stamp upon my 3 year extention approval.
    Good Luck.





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  • SunnySurya
    08-14 10:55 PM
    USCIS is sick of active IVian and they want them to suffer. These active IVian have PD earlier than 2006. I am one of them.
    How come most of the 2006 PD holders getting approved? I do not have any grudge against who have 2006 PD and got their AOS approved. I am just wondering as to what is making USCIS to choose only 2006 PD ? Definitely, the low hanging fruits theory does not seem to be working here. Anybody has any idea about that ? I am just frustrated.



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  • Almond
    02-10 08:52 AM
    Saurin did you mean yes you do have a pending I 485, because that was her question.





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  • Macaca
    11-17 08:42 PM
    The Other Immigrants (http://online.wsj.com/article/SB10001424052748703683804574533612324601766.html)
    Low quotas, long lines hurt U.S. competition for human capital.
    WSJ Editorial, Nov 18 2009

    The immigration debate has long been preoccupied with illegal aliens. But what about foreign-born professionals seeking green cards who stand in line and play by the rules? A new report by Stuart Anderson of the National Foundation for American Policy says the U.S. is mishandling this important human resource.

    A former official at the Immigration and Naturalization Service, Mr. Anderson focuses on foreign nationals from India, who fill nearly half of the annual quota for H1-B temporary work visas. Indian professionals who want to become permanent U.S. residents face a wait time of at least 12 years and as long as 20. "To put this in perspective," says the report, "children today in kindergarten may graduate from college by the time Indians who file new applications for an employment-based immigrant visa would receive a green card."

    One of Mr. Anderson's findings is that the multiyear waits aren't due to bureaucratic delays so much as to the impractical low annual limits on who can come. Under current law, no more than 140,000 employment-based green cards are issued each year. And since the spouses and children of these workers also count against the cap, the actual quota is much lower.

    Congress hasn't raised the annual cap since 1990. Over the past two decades U.S. GDP has risen by 64%, and the demand for skilled workers, notably in technical fields populated by foreign-born professionals, has risen dramatically. Yet our immigration policies pretend nothing has changed.

    "The problem facing skilled foreign nationals, employers and the U.S. economy is current law does not match the aspirations of these individuals or allow the country to harness their abilities," writes Mr. Anderson. "One result is many outstanding foreign nationals see potentially brighter futures in their home countries, leaving the America vulnerable to losing a pool of talent that has helped spur jobs, growth and innovation inside the United States."

    The costs of losing this human capital are high. Between 1990 and 2007, an astounding 25% of publicly traded companies in the U.S. that were started with venture capital had an immigrant founder. Many foreigners come initially to study or do research at our superior colleges and universities. But the barriers to remaining are forcing them out. A survey of 1,200 international students taken in March shows we can no longer take for granted that skilled immigrants will want to stay and work in America. Some 55% of Chinese, 53% of Europeans and 38% of Indian students worried about being able to obtain permanent residence in the U.S.

    Canada, Australia, the European Union and others have streamlined processes for hiring foreign workers to lure skilled immigrants away from the U.S. Unless Congress addresses these long wait times and low quotas, more immigrants will take the skills they acquire in U.S. universities and use them to help other nations prosper.



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  • amsgc
    02-07 09:14 PM
    AFAIK, This only applies in cases where the visa that is being sought is not a dual intent visa.

    US consulates in India don't follow a logic. They dont like someone applying for a non immigrant visa once 485 is filed and pending.





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  • javadeveloper
    05-26 05:23 PM
    Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.

    I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.

    So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.

    How ever, I need to make this is false. Still I dont agree this logic.

    Do you have any link/url?





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  • gomirage
    06-09 11:33 PM
    Dear Viewers

    I have all the proof that my client has paid him the money for which I worked but he continue to ignore my request.

    Any piece of advice would be of great help.

    You do NOT need to have proof that he was paid. If you are working for him on H1B, he needs to pay you the compensation stated on labor certifications. No ifs or buts.





    shukla77
    01-02 11:45 AM
    Does anyone know why NSC is slow in the I140 processing that TSC? My I140 date is October 25'06 and I think I would have to get that converted into Premimum Processing if I dont get approval in next 2 months. I aksed my attorney but she has no clue about the realistic processing times.

    Good Luck to all.

    Shukla





    logiclife
    12-03 11:31 AM
    Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.

    Its not enough just to be employed. What's even more important is that if and when USCIS sends a query/RFE to find out whether or not you have a future job offer, for which your GC was filed by employer A in first place, you should be able to get your current employer to produce a letter saying "We will hire Mr./Ms XYZ on ABC job with asdkfjdjfkasj description upon him getting green card" something like that.

    It doesnt matter where you are working at that time. It could be company B, C, D, E , F or a merged company of above combinations.

    Getting such a letter is no big deal in bigger companies, takes one email to HR and they will produce such a letter. But to be on safe side, talk to your current and future employers after using AC21 portability 106(c) that they are comfortable writing such a letter.

    If you are on H1 when after using AC21 portability, and if your company gets merged/acquired, I think if the merged entity (new company) has become the successor in interest of the original company (company B) you may not have to file an amendment to H1, as long as your job duties, location of work etc have not changed. (Check with your lawyer please). You can continue on same H1. However, if you are on H1 and if company has been merged/acquired then its safer to get h1 amended or new H1 if you are travelling abroad. (Unless you are going to use AP for re-entry).

    But if you are using EAD, then there is nothing to amend, just continue working. EAD doesnt depend on who the employer is, it just is an interim work permit until your adjustment of status is done.



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