Thursday, June 16, 2011

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  • gcformeornot
    04-07 01:27 PM
    In very basic terms.

    If you have left your employer after filing AC21(140 approved and 485 pending for 180 days), your employer then revoked your 140 and used the original labor to file 140 for another person(substitution). Another person has applied for 485.

    Then original applicant's 485 will be denied.....because AAO is saying One Labor can be used only for one Green Card....

    Mind you this is all relates to pre July 2007.




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  • longwaitneeds2end
    09-16 03:25 PM
    Jediknight,
    Thank you so much for posting this on IV. We really need to stop such people from spreading hatered towards immigrants.

    Signed the petition. :)




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  • zoooom
    03-17 01:40 PM
    As far as I know there is no limitation on the size of the company. As long as they are a stable and sound company you are good to go.




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  • mundada
    07-12 09:50 AM
    This definitely is related to CIR!



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  • ck_b2001
    07-17 07:05 PM
    You need to be in US untill you recieve "Reciept of Notice". For those who filed Jul 2nd may be a special case as untill today it was thought to be rejected. In this situation i dont know how that rule will apply. On your return you have to show the 485 reciept notice along with your valid H1/H4 Visa (if Travel document is pending) to enter to US. It may mess up the database at POE if you do not mention pending 485.
    I would advise you seek legal advice if you have filed on Jul 2nd and you or your spouse has or is travelled (ing) abroad.
    My wife was planning on travelling next week and she has to cancell her trip to be safe.




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  • ItIsNotFunny
    01-08 04:53 PM
    IVians
    I applied for I-485 during in July 07 and have I-140 approved.
    I renewed my passport last week, new passport number is different.

    Should I inform USCIS about this change?? is there any process/form for this?

    Please share experiences, I'm sure many of us must have experienced this.

    No need.



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  • anilsal
    06-16 11:55 PM
    that dates being current is not an indication of you getting your GC. The dates have to be current for a long time for you to see the approval.

    It is very unfortunate that your lives can be tied to this dates circus. :(




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  • immi_seeker
    07-13 08:19 PM
    I agree with Eb2India, It appears to be a mistake or typo on the part of USCIS.
    You should approcah them. Hopefully they will react the same way as his case and you will get extended EAD. Goodluck

    thanks



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  • Jeff Wheeler
    11-27 04:04 AM
    I find that Silverlight and related .NET stuff works extremely well cross-platform. Apps like Banshee (http://banshee-project.org/) are cross-platform (really, not like Flash and AIR which suck on Linux and Mac) and work wonderfully on every platform (alright, bad example: there’s not a Windows port at the moment, because of the underlying audio libraries, but it’s all C# stuff).

    Mono is implementing a really nice open-source version of Silverlight (I forget its name), and Silverlight works great on Mac.




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  • desiin_va
    06-13 09:35 AM
    Check with a good attorney but as far i know, if you get paid by the for-profit consulting company (even if they place you at non-profit org), you will be subjected to H1B cap.

    If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.

    Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.

    I concur, though your physical presence is at non-profit org you are being paid by the consulting company which is for-profit which means you come under H1B cap. I currently work for non-profit, used to work for a consulting comp. PM me if u need more info.



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  • royus77
    07-17 10:29 PM
    Hi,
    My I-140 approved in TSC( premium processing)
    My Attorney sent my I-485 on July 2 to TSC
    my labor approved from Wisconsin
    but I read somewhere all applications needs to go to NSC , is it true?
    I greatly appreciate your help


    You are fine. I 485 should go where I 140 was approved.USCIS will internally transfer the applications until Aug 30 if they were sent to wrong processng center( Check the accuracy of date)

    http://www.uscis.gov/files/pressrele...ling062107.pdf




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  • sury
    11-08 09:19 AM
    Many thanks for the information



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  • GreenCard_Soon
    02-16 12:38 PM
    Hi,

    Just saw this thread today. Hence, unfortunately missed the opportunity to attend yesterday's call. I would like to join into this effort.

    Please let me know of the next time we plan to get together about this.

    Thanks




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  • pappu
    04-10 12:28 PM
    I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.

    The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.

    Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?

    I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.

    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.



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  • puskeygadha
    12-03 10:22 AM
    thanks so much guys
    my labor is in bpc
    I still have 18 months in H1B. but after I get my I140 I will switch
    if I feel that I cant file 485 for a while




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  • Nabeel
    10-25 10:05 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 :)

    What is your existing H1 Expiry date ? I applied my 7th year extension on July 30 and got my H1 approved on Oct 17th. As per my lawyer, USCIS work on extension cases based on your existing H1 Expiry. His statement looks valid to me since my H1 was expiring on 24th of Oct and I got my approval on 17th. My attorney also applied some other H1 cases around same time when he filed my case but he is still receiving approval on these cases one by one because other cases are little far from their H1 expiry.

    Nabeel



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  • crystal
    07-08 01:59 PM
    Why is he mentioning as East Indians instead of Immigration Voice membershttp://www.immigration-law.com/

    It's right on the home page.




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  • trs80
    03-10 03:46 PM
    Hola USIRIT,

    Thanks God! My perm was certified in 38 days.
    Now we concurrent filed the USCIS forms.

    Any update about your case?




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  • shirish
    10-02 11:14 AM
    I am in a similer situation, Did not get a clear answer from any one, but i was told that if i use EAD then my son has to use the I-485 receipt notice and the ap ti renter and the receipt will keep him in legal status.

    I am bit confusedon this though.




    fromnaija
    11-30 11:19 AM
    I don't think you are correct. Portability applies after 6 months of I140 approval. But you can not use AC21 for job profile / labor zone change. So, I don't recommend you changing job title.


    You are wrong! Portability applies after 485 has been pending for more than 180 days.




    BeCoolGuy
    04-13 08:02 AM
    Always speak the truth..!!!

    Remember, DOL is not depending only on you to find out the truth. The way it works is, if your employer comes under investigation, they'll first try to establish the facts, from DOL LCAs (all for H1Bs, and report fraud to USCIS if necessary). Most likely your name/details came up from LCAs, which are public information. When they ask you, they are trying to find out, the exact degree of exploitation (if any) and whether you willfully participated in it (fraud or exploitation) or not. DOL after all its investigation, establishes, what they callas 'cause of termination' which will allow you as a H1B employee to move out without any issues of that employer.. In addition to H1b individuals, they may also ask Employer for his tax records, payroll info and bank statements, which will establish the truth.

    Two, even if you support your employer (for whatever reasons, including fear or immigration), not everybody will, which in turn will anyways trigger proper investigation and the exposure of truth. So why not to convey the fact which will show up anyways.

    Three, At your heart you always know, what the truth is. Go with it. Write minimum on paper, if you are not comfortable writing it all. But definately make it a point to write the truth.

    Fourth - If DOL is asking you to verify something, fill in WH4 form and submit to them. This will establish you as one of people who blew the whistle. Law protects (even for immigrants) in this case, and your H1b will be intact. THIS WILL SAVE YOUR IMMIGRATION STATUS LIKE NOTHING ELSE CAN...

    AND OFCOURSE, START SEARCHING FOR ANOTHER JOB.

    Goodluck



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