Friday, June 10, 2011

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  • sk2006
    07-14 10:48 PM
    Thanks for the quick response...

    Could someone please provide me the co-affidavit letter template.

    Thanks,
    Sangeetha K

    Get it from your lawyer. That is what I did.
    They know what language would be appropriate for your case.




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  • GCisLottery
    11-02 10:35 AM
    Folks,
    Please don't give wrong information so authoritatively :)

    Labor Certification(LC) for Green Card processing has nothing to with Labor Condition Agreement(LCA) attached to H1-B.

    If you moved to a different state from intended work place when your employer filed H1-B (extension included), your company need to get a new LCA.

    Do not confuse between (Permanent) Labor Certification from Labor Condition Agreement, simply because of the abbreviations(LC vs LCA).

    Disclaimer: I'm NOT an immigration specialist. This can not be taken as an immigration advice.




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  • gsc999
    01-24 11:06 PM
    Hello Nor. Cal,

    If we don't get going, I am afraid that we will not be able to achieve our objective, your objective.

    A few motivated people can only go so far. It is unfair to think that your time is more precious than any other volunteer's time. You just might be surprised to learn from us how busy we ourselves are.

    Please stand up for your rights. Don't take this campaign for granted.




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  • Lasantha
    02-26 10:38 AM
    If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.


    I really did not get that one. Is it possible to explain that please?



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  • sangeethak31
    07-13 02:51 PM
    Hi,

    Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.

    Thanks,
    Sangeetha K




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  • seahawks
    06-26 09:07 PM
    Thank you, since it was something where the form was wrong, I have asked my attorney to respond, will post what he suggests, I just feel terrible that the onus is on us for not checking that USCIS. After all these years of wait, how can I over look this?



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  • WillIBLucky
    12-22 01:18 PM
    If you read clearly then it says that you can keep the PD in your new employer GC process. You may loose that opportunity only if there was a fraud in the previous I140 and USICS revokes that I140.

    once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation.

    So if your current I140 is clean then you will be able to use the PD in your next application for GC with the new employer.
    GC_2007,

    When we change employer i think we can't keep the Priority date
    Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.

    once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
    the section on successorship of interest).



    (A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien’s priority date is established by the filing of the labor certification, once the alien’s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
    the section on successorship of interest).




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  • sanjay02
    07-24 02:49 PM
    Hi
    I am July 2007 filer my PD Nov 2005, I had a interview on Feb 2009 after interview , the Immigration office gave me a letter, which says the following

    "Your case has been continued for the unavailability of VISA"

    Does it mean once the PD goes to Dec 2005 I will get my GC? Would I have to do anything from my end like going to local USCIS office?



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  • suryamnb
    12-07 02:30 PM
    Friends,

    I apoligizeif I was posting this message in the wrong section.

    I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?




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  • justice4all
    02-25 04:57 PM
    This is the link.

    http://immigrationvoice.org/forum/ac21-portability-after-180-days-485-filing/21472-student-aid-ead-stage.html

    Hi akhilmaharajan,
    I cant access the link. It opens a blank page. Can you tell me why?

    thanks



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  • fundo14
    10-15 02:08 PM
    Hi All,

    I received an RFE on my pending 485 application:

    Here is my case:
    I am a derivative applicant working on my own H1

    Here is the content of the RFE:

    1. Please submit a properly completed form G325A. Submit all the documentary evidence to support your employment history listed in form G325A.
    2. Clear copies of form W2 wage and Tax statements
    3. Complete copies of properly filed Tax returns (IRS Form 1040)
    4. Any additional document which confirms your employment history.
    5. You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your pre-offered position (if different from your current one) , the date you began employment and the offered salary or wage. Form letters are not acceptable. This letter should be in original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.

    I can easily provide all the docs above (from number 1 to 4) but I am surprised why I am asked to provide a letter from my intended permanent employer since I am derivative applicant.

    Anyone else in the same boat? please share your experience/ suggestion.

    Thanks!




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  • eastindia
    09-23 10:59 AM
    This is a good bill for people who are already on H1 and EAD ...what's wrong that in bringing the jobs back home ?

    You are an anti-immigrant.



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  • wandmaker
    11-18 06:48 PM
    enggr: You have completed the course in 2000 (per course completion certificate), but your degree was awarded in 2002 after you completed a supplemental exam. Since the position requires a candidate who qualifies for EB2, USCIS will deny your 140 petition. IMHO, you will have to start your green card journey from scratch.




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  • pani_6
    08-24 03:42 PM
    The situation seems pretty grim...there are about 80 k indian students
    coming to the US every year in total about 250-350 k including all international students (I assume) and at least 50% of them want to work after graduation (I assume)..with the h1 cap at 65K(lot of them taken away by consultants) ...and the lots of school funding squeezed because of the war..Most students (I assume) study with no AID hoping to get a job to repay some of the loan/ father's money...

    I think prospective students need to know the real situation out here..before
    they make a choice of studying here.

    I hope this grim situation is temporary...



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  • gk_2000
    02-03 08:16 PM
    Hi EveryOne,

    I got my Green card in mail yesterday. I want to thank IV and everyone for all the support during this GC journey. I wish everyone all the best for their green card process. I wish everyone gets to file 485 irrespective of priority dates and ultimately get their green cards. This is a question to Admin, i have a recursive donation going on, I would like to make a one time donation and stop the recursive donation.

    Thanks.

    I would say it's iterative, not recursive. But congrats anyhow




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  • cvk90
    12-08 01:40 AM
    Not sure where this is going...Respond with caution folks...posting seems fishy !!



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  • carbon
    09-25 01:15 PM
    I think we can get some financial support from Housing Market !

    Facts:
    ------
    The housing market is slowing down significantly and there are millions of unsold homes out there.

    More than 1/2 million people are stuck in the green card process. I am sure
    most are waiting for green card before they buy their house and make longtime commitment.

    I think we are a "Frozen" pool of customers for the Housing Market.

    500000 H1B X 200000 (average house price) = 100 billion dollar market is just
    inaccessible just because of retrogression.

    I think we should convince them to help us FINANCIALY.
    Please IV Core members take this idea seriously and at least
    SEND A LETTER TO National Association of Home Builders (NAHB) president.




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  • suresh.emails
    01-23 11:34 AM
    Well,

    The following is the process to schedule parents visiting visa interview online (assuming both Mother and Father are above 45 years old)

    1. Pay HDFC Visa fee for $131. If you have paid visa fee on or before December 31, 2007, then take a Demand Draft for $31 (eqv in INR) and present the same during the interview process.

    2. Wait for 2 days to activate the bar code.

    3. Fill the D-156 and D-157 forms online thru VFS website and wait for dates to show up. Remember such filled application will be valid for 7 days and meanwhile , if interview dates show up, then one can schedule interview.

    4. The BEST TIME FOR interview dates check up is early morning 5 AM EST thru 7:30 AM EST. ( I did little research during my parents interview schedule).

    5. Filling the D-156 and D-157 online does not mean that, they will be automatically submitted to US consulate. You have to take print out D-156 back to back and D-157 on single page. Then you sign and date the form (if you have filled it on behalf of your parents). Send the forms to parents. They also need to sign the forms.

    6. Remember, one have to write applicant names in their NATIVE language (ex: Telugu/Tamil/Kannada etc..,) on 3'rd column of D-157 form.

    7. Send notarized affidavit for support I-134 form.

    8. All supporting documents

    9. If your current H1-B visa is expired. then send your Receipt Notice/H1-B extension approved notice as a proof of your Current STATUS at USA.

    10. If you have valid H1-B visa stamping, then send the same along with H1-B I-797 approval notice.

    11. If you are on EAD/GC, send your copied of EAD/GC.

    12. In case, if you are sponsoring your in-laws. Then send your suppose Date of Birth certificate, passport copies, marriage certificate along with your documents.

    13. Educate your parents with all possible questions/answers they may face during the interview.

    14. Advice your parents not to lie during the interview process. ask them to answer frankly.

    Let me know if you need more information for visiting visa. I can/may answer all possible questions.

    P.S: My parents got their visiting visa stamped during the second attempt.




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  • gc_buddy
    05-05 09:59 AM
    Years before, the back log was at Labor Stage, then when PERM Labor came into existance, the back log was at 485 stage, now with non-concurrent filing I think the I 140 will get backlogged.


    http://www.immigration-law.com/


    05/05/2008: USCIS May Initiate Rule Making Process in June 2008 for Termination of Concurrent I-140/I-485 Filing Procedure

    * As we reported earlier, the USCIS has been considering halting the concurrent filing procedure quite some time. Initially it was planning to commence the procedure to publish this proposed rule in November 2008. However, the latest information reflects that the proposed may be released next month, June 2008 with the two months of comment period through August 2008. People are cautioned that this is just a "proposed" rule stage. After the comment period is over, the agency will still have to go through the final rule making procedure with another cycle of OMB review and publication of the rule. There are nothing to panic about at this time. However, people may be conscious of the upcoming change in the filing procedures for I-140 petition and I-485 application from the current single-tier procedure when the visa number is available to the two-tier procedure. Please stay tuned to this website for this important development of immigration procedure changes.




    prem_goel
    01-29 11:02 AM
    My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered. Over there she joined a multi-national who sent her on B1 this year. (She already had traveled on B1 from a very old employer and used that).

    Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:

    1. A Change of Status from B1 to H1B
    2. A I-129 requesting H-1B (or H-1B transfer)

    Question -
    a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?

    b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.


    Attorneys, please advise.

    Much thanks in advance,
    P




    LONGGCQUE
    01-04 07:26 PM
    I also left a top 10 Indian company while on a US deputation and they are holding my PF, gratuity etc. They have been asking me to pay approx 12-15K USD to settle things.

    I have no clue how to recover my PF money which would be atleast 6-7K USD based on my 63 months of employment with them.

    Gurus, can someone shed some light on this. Has anyone resigned from so called top 10 indian companies which make you sign those bonds, and then ask you to come back to India and serve 3-6 months. How to recover PF etc from those indian companies if you do not sign off on good terms. For me, they say settle the a/c first and we will process your PF.

    shed some light please



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