Monday, June 13, 2011

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  • kewlchap
    04-06 01:15 AM
    Hello all,

    Anyone knows if there is a certain length of time that I need to be employed with my GC sponsor after 485 approval?

    I have heard 3-4 months, but I am wondering if there is legal time limit or if this is a "good faith" limit.

    Appreciate responses.




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  • tikka
    05-29 09:52 PM
    Oh I did not know that one person can send webfax for each state.

    When I click that link it said "You have already sent it"

    I'll check again now

    please do

    thank you




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  • naturopathicpt
    06-25 10:54 PM
    Actually, it is my recruiter "who" made the contract and my employer uses that as a basis. I work here in Florida. I have no sign on bonuses whatsoever. It is only the immigration, recruitment, and exam fees that were included. Basically my employer paid my recruiter just to get me here.




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  • mhathi
    03-25 06:43 PM
    no it is SUSTAIN act. Not Strive. SUSTAIN only has H1 visa increase... So it will ensure that retrogression and backlogs are sustained... :)



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  • karthikgk
    02-19 12:54 PM
    All,

    Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(

    My employment scenario:
    - Been with the current employer since Jan 2001
    - Less than 5 years experience before I joined the current employer
    - Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application

    My GC scenario:
    - Applied for GC in July 2003 under EB3
    - Applied for I-485 in July 2007
    - Approved I140 and EAD in hand
    - Even though I have EAD, I continue to use my H1

    My new role in the job:
    - After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA

    My questions:
    1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?

    2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.

    3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?

    Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,

    Regards,




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  • murali77
    06-16 12:30 AM
    Dear Friends

    I have a big problem , my name is correct on passport, birthcertificate , H1 but my social security card has my name swapped. I never bothered to change all these years but I hear name check so I am worried.

    Will my 1-485 case get stuck because of this
    is it a good idea to change the name on SSN now.

    Any suggestions.

    Thanks
    Murali



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  • go_guy123
    02-02 11:13 AM
    dude, I believe the above proposed law is tailored beautifully for illegal immigrants. It mentions about continuous presence but no word on 'legal' continuous presence! Also seems like the 'criminal offense' in US doesnt take into account the very first one, the act of entering illegally!

    No way this amnesty would pass. This will end up in the ash heap of unpassed bills.




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  • alwayson
    09-06 11:50 AM
    How about even a much better solution, learn your country's national language......:)



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  • Kalidindi
    07-26 01:47 PM
    Labor Filed under Perm - July 2005 ( Approved in 1 week)
    I-140 & I485 filed in August 2005, I140 approved in one week. Since then had couple of bometrics oppoinment.




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  • bkarnik
    09-06 05:01 PM
    I believe that could be a problem. If your Company is paying you in Canada, but asking you to work in the US I am not sure if your H1 would be valid. Per my limited knowledge, H1 can be sponsored by an employer having a business in the US. I am sure this is an issue that is a clash between the tax laws and the immigration laws. I would request you to submit your question for the next attorney call and hopefully we get an clear answer.



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  • mnq1979
    09-21 07:38 AM
    Hi Guys,

    I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:

    "Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "

    Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.

    Now here is the situation:

    I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)

    OR

    should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.

    Thanks.

    I am sorry i cannot answer ur question because i m not an expert in this broken immigration process but i have a question.

    Can you tell if this is ur 1st RFE on I485 or did u receive any prior RFE's also?
    Did ur wife also applied for the I485 with you or u applied alone?

    thanks




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  • Prashanthi
    06-29 01:28 PM
    I have questions on the facts of your case, you say that a recruiter signed a contract on your behalf?, how is that possible?, the contract would then be between the recruiter and your employer, unless you signed a separate contract with the recruiter agreeing to certain terms and conditions, also it is not clear if your recruiter is in the US or in Phillipines, many other aspects are not very clear. Therefore i gave you a general response as to what happens in these situations, if you need a more specific response to your questions, i suggest that you consult an attorney over the phone or in person, it would make more sense to look at the contract in question and then give you advice on your problem.



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  • senthil1
    12-06 11:42 PM
    I think Eb2 is much better. Retrogression is hardly more than 3 years and moves fast sometimes. Best thing is get a preapproved labor if available in your company




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  • shree772000
    08-13 10:53 AM
    Once you are on AOS status you do not need H4. If you have renewed it that's fine it does not matter.
    My wife came to us in 2004 and she got her EAD/AP in 2007 and I did not apply H4 for her ever since. We have have gone out of country and come back in on AP.



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  • gcwait2007
    07-23 12:28 AM
    For Labor substitution cases, is there premium processing for I-140? Earlier, USCIS announced that from 05/18/2007 to 07/16/2007, it was stopping premium processing for Labor substitution cases. Any change now?




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  • tertip
    03-11 08:04 PM
    Arkbird,
    I started my new job 5 months after I applied 485. Unfortunately I didn't have a choice then. That was one of the reasons I didn't file AC21. My tactic has been silently waiting for green card. With the April 09 visa bulletin I might have to wait for waay to long. I hope I won't receive an RFE for employment.



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  • webm
    04-04 01:54 PM
    Today at Boeing interview event I got very good offer. The HR lady congratulated me, kept offer letter in my hand. Then I told her that I'm an EAD holder. All my fear came true, and she said a big sorry and said EAD is not acceptable at any cost. Also she said, she can keep the offer in hold for me for 5 months. How can I expect green card in hand in 5 months. GOD don't give this situation to any one. just trying to reduce my pain here...

    Why you told EAD??

    You should have told them that i have "Work Authorization eligible to work for any employer in the US" to keep them straight.

    There is another big thread in this forum discussed on the same topic.Please check that before your future interviews..

    HTH,
    webm




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  • BharatPremi
    12-10 12:46 PM
    any suggestions if 140 is not approved?

    Filed in August 2007......doesn't look like there is much movement based on tracker!!!!

    EAD in hand

    Yes. If I-140 is not approved, Do not use AC-21.




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  • joshraj
    10-11 03:28 PM
    Thanks Shirish :)




    sidbee
    01-21 01:13 PM
    I agree, thought or wish is good. If it is a thought/wish it would start with "I wish" , "I believe" or �I think� etc. His sentence starts with a rumor. Starting a rumor with the intension of misleading people is not good. His/her intensions are very clear.

    what would that be ??? i mean what do you think his intentions are?? looks like he simply asked a question.




    arrarrgee
    07-17 02:20 PM
    Its actually Her...:) Murthy is a She

    Screw Murthy !!! I have never seen him picking up any good news.



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