Friday, June 10, 2011

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  • fuzzy logic
    07-01 12:25 PM
    Only yesterday I had a converstion with my compnay lawyer on this topic.
    Her view is that I would have to amend the H1 for any location and/or responsibility changes.

    Thanks for the response. Is this a relatively easy process for the company or is it as cumbursome as applying for new H1B. Also I am hoping that this would not affect the GC process - Right?




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  • justsomeguy
    07-12 06:29 PM
    fellow legal immigrations - this is my first posting on immigrationvoice.
    i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!

    now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:

    clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
    peace!




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  • eb3retro
    03-30 04:25 PM
    did 5 trips in the past 2 years (few of them official) using AP. Changed jobs twice in EAD not filed ac21. As long as you have valid AP, you are good to go to enter. make sure you remain calm and answer any questions in POE. You will be fine.




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  • fromnaija
    02-25 07:18 PM
    can anybody help me here?

    Are you for real? USCIS has nothing to do with LCA amendment. That should be DOL (Department of Labor).



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  • phillyag
    07-20 04:37 PM
    My 6 yrs are getting over in Jan 2008.
    1. Can I apply for H1 extension request for 3 yrs instead of EAD?
    2. Or with EAD?


    Excuse me but I am a novice here.




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  • immi_2006
    08-07 10:32 AM
    You need to realize that 485 is a separate application when you file for yourself or your wife. So all the documents mentioned in 485 imply to your wife application too. Few changes need to be taken care
    1.If 140 is pending or approved in texas your wife application should go to texas
    2. If 140 pending attached the labor approved copy.
    3. Employment copy instead of original.

    Hope this helps



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  • coopheal
    03-06 05:13 PM
    My filing date is July 2nd and notice date is Aug 27th.




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  • bbenhill
    09-18 02:56 PM
    Hi, I believe you can only use EAD and AC21 after I140 is approved and 180 days of filing I-485.

    Guru(s) : Please let me know if I am mistaken but by using EAD before above conditions will abandon GC application because labor certification is being violated.

    PS : I am not a lawyer/attorney. please use this information for your own risk.

    Thx



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  • arthsidhu
    09-10 01:54 AM
    The way these companies are run is pathetic. I know a Desi employer who invested his revenues into Tollywood (Telugu) movies. :D Isn�t it amusing?

    Most of these movies flopped and he didn't have any money to pay his employees. Some one complained to DOL and they blacklisted the company preventing them from processing anymore H1's or GC's. The Desi employer eventually started another company and went into the whole crappy business again.

    American desi, the employer you are referring to is known as Netsoft previously which has a long history of employee abuse and also the abuse of the H1B visas. It changed name to HIDEF TECHNOLOGIES 17177 N Laurel Park Dr # 402, Livonia, MI 48152-3951 after some of its employees complained about it to DOL . It still exists and has come back with vengeance in abusing this H1b visas. It is located in Livonia, Michigan. So beware of this company.

    HIDEF TECHNOLOGIES
    17177 N Laurel Park Dr # 348
    Livonia, MI , 48152-3951
    Phone: 734-632-0308




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  • Danko
    01-06 07:36 AM
    I have no interest in fragmenting the site by covering new topics that are less designer focused and more for developers.

    Sounds like a conflict of interest then:

    kirupa.com - Shocked Resource for Making Designers better Developers!
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  • shikra1
    11-10 03:33 PM
    Remember, USCIS only tells us "total" I-485 receipts. They don't break it down to what many of us are interested to know, which is, how many are family based and how many are employment based. There is no way to know how many of the 150K receipts issued in Sept for I-485 were EB.

    FB and EB combined annual limit is 366,000 immigrant visas (226K FB + 140K EB)

    Again quoting from the monthly visa bulletin:

    "Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320."




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  • whitecollarslave
    08-04 04:02 PM
    I have a copy of the I-140 Approval Notice. It does not have A# nor any field for A#. What am I missing? Guys, please clarify.



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  • jkays94
    04-18 07:49 AM
    The McCain-Kennedy bill is what had the EB provisions in the first place long before Frist or Martinez-Hagel put their bills. Senator Kennedy has been fighting for immigrants rights for almost 40 years (longer than someone of us have been alive) including legal immigration. His own brother President John F. Kennedy wrote a book called - We are a nation of immigrants.

    I am sorry but with all due respect to Sen Kennedy he could address the rally of bunch of illegals waiving Mexican Flag and demanding their "RIGHTS" in Spanish. We have sent faxes in English to Senetor Kennedy requesting to support Bill that will provide relief to Legal immigrant communites but still nothing specific to our cause.

    Please let us refrain from making conclusions as to who was at the rally, there were many legal immigrants and citizens at the DC rally of many nationalities and backgrounds, it was covered live on CSPAN twice for its entire 4 hr duration -- CSPAN as you know is funded by US public funds and would not cover an event dominated by illegals. The US constitution guarantees constitutional freedoms and rights to all who are within its borders and that would include the right to assembly and freedom of speech. FYI, there are 43 million Hispanic-Americans in the US. The DC rally had just as many American flags as many other rallies around the country on April 10. Senator Kennedy has done a lot for legal immigrants, but lets face it, with no CIR, there will be no separate bill for legal immigrants, we would have to rely on ammendments to other bills and those ammendments would be subject to the fate of sections 8001 and 8002 of S1932. CIR originated in the Senate through McCain-Kennedy, the EB number provisions were in this bill, so lets give credit where its due and not say that nothing has been done for legal immigrants by the Senator.




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  • ushkand
    07-20 10:44 AM
    I sent in form G-325 for both me and my wife along with my I-485 instead of the G-325A as required on I-485 instructions by oversight. What do you guys recommend I do? Should I send in a new application or just send in the G-325A form with a letter stating the issue? Please help.



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  • eb3_nepa
    04-13 11:19 AM
    I was reading this article.

    http://www.usconstitution.net/consttop_law.html.

    It's a great article and maybe we shud add it in our FAQ section.

    If you scroll down to the heading "The Bill Becomes Law"

    it says :

    Officially, after the President signs the bill, 10 days passes without a signature, or after a veto override, the bill is considered law. It is in effect at that moment. But in reality, it is, of course, more difficult than that.

    Even on the Wikipedia article listed in the FAQ there was no mention of a 90 day delay. Just wondering if Sen Sessions simply asked for a 90 day delay or a 180 day delay.

    Check this out too.

    http://thomas.loc.gov/home/lawsmade.bysec/presidential.html

    "A bill becomes law on the date of approval or passage over the President's veto, unless it expressly provides a different effective date."




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  • roseball
    04-04 03:25 PM
    Good find...Something is happening...So GCs for most of us soon without the need for any visa number availability rule? One can only wait N watch...

    Nothing to get excited about. As far as I know, USCIS definition of backlog does not include cases waiting for visa number availability...But surely, this will be a great relief for people whose dates have been current for a long time but for some reason USCIS has put their cases under admin processing...



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  • mhathi
    03-19 12:57 PM
    PD is checked both at the time of filing and approval of 485. Once filed, the 485s are processed based on RD. If at the time of adjudication the PD is not current, the file is kept in the "pre-adjudicated" pile until the PD becomes current again for that particular application.

    This is my understanding.




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  • maine_gc
    04-20 12:11 PM
    So do i need to go to any International airport that has immigration services or the local USCIS office can help?




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  • mlk2009
    08-06 07:32 PM
    hi,
    I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
    Can I know a few things
    1. Can he take me out of the GC ?
    2. Can he revoke my EAD ?
    3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
    please help...




    gcdreamer05
    01-12 01:42 PM
    best suggestion is go to india, you can easily get flights if you return within a week... go get it done and be back...

    One question to u, what did you tell them or how did they give you back your passport when their background check was in process,, did you explicitly request that your passport be returned or they gave it themselves...




    eyeopeners05@yahoo.com
    06-02 01:36 PM
    you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?



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