Sunday, June 12, 2011

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  • Amanda, also known as Alaina,


  • hope2007
    04-18 11:32 PM
    I spoke to company attorney they said as long as job description is same and it is commutable distance then you can change job location. There will not be any problem and you do not have to come back to original work location.




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  • jetflyer
    04-07 01:43 PM
    I hope it doesn't affect Employee (original labor) who have left GC employer using AC-21 with approved I-140 and after 180 days.

    This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.




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  • akilaakka
    07-13 11:17 AM
    Checklaw,

    By Law, you must apply for an intended travel.

    However it has been routine practice to get AP renewed because if there is an emergency and on your return if your GC is approved AP is handy.

    I am July 2007 filer. I applied in 2007. Did not apply in 2008 (had a valid h1b visa stamped in Passport which expires in Sep 2009) and re applied in 2009. No Issues.

    Thanks
    Senthil




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  • mps
    09-27 05:56 PM
    this topic is interesting....i do buy/sell stocks usin zecco / BoA etc...which are sites where i can do day trade..im interested to venture into it...

    suggestions??

    If you are trying to trade based on last tick (as most of the day traders do) then online brokerage us useless for you ..consider direct access trading services ..Goodluck !

    (Don't trade with money you need for housing, food, & clothing)



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  • meridiani.planum
    04-01 04:18 AM
    Hello Everyone -

    I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.

    Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other

    ur PD is 2006-EB2-India and you were called for an interview? thats odd. the interview typically when the case is close to approval, why are they bothering with your case so soon.. something is not adding up




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  • sameer2730
    02-06 05:00 PM
    Is H1B stamping subject to the same name checks as in the home country ? Since I have heard people get stuck for long times in these checks, what happens in similar situations when stamping is done in Canada.



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  • BMS1
    08-21 12:06 PM
    Congrats.

    Which service center did you applied to. I have similar PD (8/22/05) and EB2 NIW at TSC.

    Thanks. Applied at VSC and got transferred to TSC. Actually my PD was 09/29/2005.




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  • jonty_11
    11-09 02:52 PM
    Another important thing to note is that although GC is for a future employment oppportunity...you clearly state in Labor Application whether the employee is working with u currently....if u answer yes to that (which is the most common scenario) ...u have to provide the address of the location he works at...which shud be consistent with the Recruiting efforts undertaken (in that same area) by the employer......

    So simple by saying that GC is for future employment, u cannot move around unless you clarify that in labor cert.



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  • uma001
    07-26 02:30 PM
    Go for GC , not career. You can get good career whenever you want, but you cant get GC whenever you want. Once you get GC you can apply for 150k job wherever you want, any company you want. With h1 you cant do that.




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  • laksmi
    03-06 01:02 PM
    EAD correction is very simple and they will fix with in 4 months worse case.



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  • gc_on_demand
    05-22 10:18 AM
    Hello -

    if they are to terminate concurrent filing. How long would it take for
    the rule to take place. This includes 2 months comment period and all

    Thanks

    P :)


    I think after comment period with in week they publish rule in federal register.

    So at max by aug 15th they will make this rule.




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  • GooblyWoobly
    07-19 05:09 PM
    Can someone give me answer for the second question:
    2. My spouse's AOS was filed with mine as dependent. She has a H1 of her own and is working. Now, after the I485 receipt comes back, if she leaves her job, will she be in status (or does she need to move to H4? I'll stay on H1 and won't invoke EAD unless necessary). My understanding is, with the receipt, she is in status no matter what (unless the I485 gets denied).



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  • sankap
    07-06 06:05 PM
    Why would you need an EVL from your new employer or inform the USCIS of your job change, in this case? AC21 does not require you to "file AC21" (whatever that means), contrary to what has been advised in this forum many times. Please Google "Yates memo;" see, e.g., http://www.shusterman.com/pdf/ac21-51205.pdf. Here are my attorney's comments in this regard:

    "AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."

    I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"




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  • gccovet
    10-30 12:41 PM
    Folks,

    Iam starting this new thread so that people will know what are the pros and cons leaving a company once GC is approved.

    1.What are all the things to be noted while leaving the company after getting GC.

    2.To be specific how long a consultant should be with company after GC is approved.

    3.Also once GC is approved and if the consultant is off the payroll for say 2 to 3 months will there be any problem while filing for citizen ship.

    Shr1,
    I guess, you must be already "Greened" :-).
    May I ask you to spare few minutes of your time to read and do the follwing Action Item, if you already done so, thank you!.


    check out http://immigrationvoice.org/forum/showthread.php?t=22182

    We request all the members to start sending the following 4 letters. For your convenience the letters have been completely written including addresses to be sent � all you have to do is download following 4 google documents � add the date, your name and address � and send it to the address provided on each letter.

    http://docs.google.com/Doc?id=dcqssdt7_1d3mzhr6c

    http://docs.google.com/Doc?id=dcqssdt7_2fp3nrhvb

    http://docs.google.com/Doc?id=dcqssdt7_3d8h2x7dr

    http://docs.google.com/Doc?id=dcqssdt7_4fxnvq9tw

    To reiterate: You have to send 4 letters � these letters can be downloaded at the above URL�s. Edit the document to add current date, name, address etc. and mail it (regular mail). After doing that, please update the poll so we know how many letters are being sent.

    To get more background on this issue and see what has been done so far, please see these two threads:
    http://immigrationvoice.org/forum/sh...d.php?t=22052;
    http://immigrationvoice.org/forum/sh...ad.php?t=21716

    GCCovet



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  • rsdang
    06-16 11:59 AM
    Just a quick update:

    All 3 Lofgren bills will be marked up next week in the subcommittee.

    IV is working with the committee members at this time and will give more updates as the bills move forward. Please continue to make calls.


    Folks please call � Lobbying/Calling people is the way things get done in US� Get over your shyness. Just Do it.

    I was shy at first and was uncomfortable calling � after the first 2-3 calls I was calling like a pro� its takes half an hour at most�

    Please Please Please pick up that phone and call�




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  • perm2gc
    11-04 12:03 AM
    Here's my exact situation:

    - My employer is company A
    - I am assigned by Company A to Company B (corp-to-corp)
    - Company B assigned me to Client X

    - I want to move to Company Z
    - Company Z would assign me to the same Client X

    My non-compete clause says something like... Employee(I) cannot work to client of Company A within 1 year of leaving Company A

    Now, is client X considered as client of company A? I'm thinking that company B is the client of company A. Thus, it should be okay if I move to company Z and be assigned to client X.

    Any thoughts?


    you are confusing....


    What i understand is that you want to work for the current client with different consulting company than the one you are currently working..you cannot do it as NCA will cover it .

    if You want you can fight..its upto you..Consult a good Attorny as our friends here have mentioned..



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  • GCBy3000
    04-15 06:38 PM
    Admins,

    Now a days I am seeing lots of questions asked by new members. If you have some mechanisms to show whether they have registered with valid data or fake data would help the other members who spend time in answering those questions.


    I would request all the new members to contribute to our cause. Join monthly contribution of $20 and help yourselves. Thanks.




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  • kumar1
    09-26 09:18 AM
    You can do that, however, you would find that after 10 years, you are still looking at different US consulates for visa interview but your friends who remained with one employer, got their GC and they have lot more freedom than you do. It is a very difficult question. Either you can move from job to job and get paid more or you just stick to one, sacrifice some money/flexibility but get thing done in one shot.
    Worst possible case would be - you realize after 6 years that you should have stuck with one employer!




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  • thepaew
    09-24 10:45 AM
    It is not possible to switch to F-1 if one has filed I-140. If you wish to pursue an MBA you basically have 3 choices:
    1. US-based part-time program
    2. If you are married, you can attend on H-4, with risks of being out of status if your spouse loses employment and the difficulty in obtaining US-based placements.
    3. Look outside the US - INSEAD, IMD, MBA-HSG, LBS, ISB, etc. etc. There are very good options outside the US too.

    Good Luck!

    -N




    chi_shark
    07-07 11:00 AM
    as i experienced, almost all attorneys will ask you to file ac21. some attorneys charge as much as $1000 each time you change jobs... its ka-ching for them...

    as for not wasting time when pd is currrent... i absolve you of that crime :-) jk... but IMHO you really cannot influence the outcome of this process by being quick on your part except ensuring continuation of the process...

    as for the original question: you need not have to convince anyone about EAD... as someone else pointed out, the first page of the I-9 form states clearly that its illegal to discriminate based on immigration status... if you are in IT, there are umpteen examples of what you are trying to do (yours truly included)... just play it easy... best of luck...

    with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.

    Cheers

    Kris




    arihant
    10-26 08:20 AM
    Hi guys,

    My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
    a) is it possible to transfer now?
    b) how long will the transfer take?

    Thanks a lot for your advice/information :)



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