Monday, July 4, 2011

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  • franklin
    06-15 12:21 AM
    I think this should be termed "still bad news for most"

    Every with the opening up of priority dates, I would say that only a small minority will get a green card anytime soon!

    Back to work for us, the brief vacation was nice :)

    Don't forget, CIR took out most of the AC21 provisions...




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  • Prashanthi
    07-14 02:59 PM
    I and my wife are on h1. I want to come on her h4. She recently applied for h1 extension as her employer is nonprofit org and has some policies of his own, he files every year. She filled in may�09 and got receipt number, as the case is still pending who we can apply for h4 now. Is there any way around to apply for my h4 while the case is still pending?

    You can file your H-4 based on the H-1b receipt of your spouse, this is not a problem. They will approve your H-4 for the same duration as your spouses H-1, you will get an approval of H-4 only after your spouses H-1 is approved.




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  • insight08
    01-14 09:47 PM
    In 2002, I left my employer(A) and joined another company(B). New employer applied for my h1b and in 3 months we got an RFE. Coincidentally, I did not like that job and just left that employer(B) to join the previous employer(A).Never tried to get the h1b reciept from. Now that company is folded and there is no information about that company(B). Later that year, company B gave me a W2 for 3 months pay which I had to file later that year.

    While applying for 485 in june 2007, in mad rush I had to fill up G-325 form and I did not write anything about working for company(B) for 3 months. Rather I mentioned that I worked for Company A thru 2002.

    Thanks in advance for your help. Lazycis, UN and any other gurus , please help!!!
    Could USCIS find that out? If so, am I in trouble? How to overcome this situation?




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  • chidurala
    07-28 08:13 AM
    hi
    my husband's GC has been approved.
    so how long will it take me to get the green card ??

    thank u in advance



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  • mrudul_hr
    07-21 10:42 AM
    one does not have to advertise for H1, might be they are advertisement is for filing your Labor application for GC.




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  • Hermione
    10-02 06:00 PM
    Labor category has little to do with AC21. Your responsibilties should be 'similar', which is kind of a vague term, which means USCIS would generally not mess with anything that has enough of the same words used in description.



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  • sandeepk_c
    10-19 05:12 PM
    I recently got a denial on my audited labor case after 2 years of wait. I had already applied my H1-B 8th year extn on the basis of my pending labor in premium mode. My luck was such that my labor was picked up and denied a day after the H1-B extn was filed.

    Questions?

    Since the basis of the H1-B extension was pending labor, I think USCIS will reject the extension unless I get lucky.

    If I appeal against the denial, is it possible to go back to USCIS to give the H1-B extension on that basis?

    DOL site says "standard appeals" is Aug 2007. Does this mean cases of 2007 or appeal filed in 2007 for an earlier denial?

    Reason for denial of labor:

    Company name was not filed in job advertisement
    Job location not specified in the ETA form.

    These seem too trivial but nevertheless they sent this in the denial.

    My company is looking into the paper work to determine that the above information was mentioned in the application?

    Your help/input is highly appreciated in this




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  • meridiani.planum
    07-01 03:06 AM
    When exporing new oppty's via AC21 with companies:

    is it Ok to share copy of one's 140 or 485 document copies?

    approval notice copies should be ok (check with company's HR if in doubt). However supporting financial/planning documents of a company may not be ok (that kind of stuff could be confidential to the company)



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  • clif
    10-07 07:13 PM
    I am EB2-India and my priority date (End-April 2006) is current since the beginning of September 2010. My case was transferred from Texas center to Newark, NJ in 2008. I haven't heard anything from the Newark office since my date becoming current and it's over a month now. Is this normal? Please advise.

    Thanks in advance.




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  • STAmisha
    06-30 11:46 AM
    My company is filing 140 and 485 on a preapproved LC (PD of 2005)

    But my original LC in P-BEC just got cleared (PD of 2003). They told that they will also use my original LC for 140 as this gives better chance than the substituted one.

    1)How Can I have 2 140's ?

    3)How will it effect 485?

    I'm confused ..please answer



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  • hsingh82
    05-27 10:36 PM
    Thank you!!




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  • chris
    09-12 05:38 PM
    Just now I called and Immigation Officer said that our files are in work flow. (she said that is a good sign , cant give any other info) . :confused:

    Any one heard this word before from IO ?



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  • jsharma
    07-22 01:15 PM
    First, IV truely rocks! Thank you so much guys for all the great work you've done so far!

    I've few questions related to I-485 filing:

    1. I've single Date-Of-Birth affidavit from both of my parents, will that be an issue? Can USCIS issue me a RFE for not submitting two separate affidavits from each parents?

    2. Will it hurt to submit copy of canadian green card having DOB as an additional proof? Also, I'd my fingerprints verified by FBI for canadian immigration, will that speed up my fingerprinting verification for US immigration?

    3. I'm only submitting last year 2006 tax return in my 485 filing whereas my lawyers wanted last three IT returns? Will that be a problem?

    Thanks a lot in advance for reading my post and answeing my questions.

    Please Keep up the good work!




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  • aim-high
    08-14 08:48 AM
    I have currently applied for GC under EB3. Got a new job offer in a different state and planning to take up the new job offer. For AC-21, what are the docs/forms required ?
    Do I have to do anything special because I am moving to a different state ?



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  • coolest_me
    04-18 04:30 PM
    I m not sure but I think he has to wait till he gets his citizenship . The other way to apply for Tourist or student visa. Tourist visa will be for short time and student visa will be hard to get if the Husband is Green Card holder.
    Again, I m not 100% sure of this. some experienced people may be able to give you detailed information




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  • perm2gc
    05-23 05:26 PM
    Hi All,

    I am finishing my PHD and wanted to know if anyone knows about the process of applying for an H-1b and/or GC for this particular category of health professionals.

    Would greatly appreciate any help or advice.
    Please read the first title in the home page.you have your answer in it.:D



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  • indyanguy
    07-17 04:53 PM
    bumping for help..




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  • Macaca
    09-27 05:46 PM
    Bill Would Protect Frosh on Immigration (http://www.rollcall.com/issues/53_30/news/20086-1.html) By Jennifer Yachnin | ROLL CALL STAFF, September 20, 2007

    House Democratic leaders are drafting a resolution designed to inoculate freshman lawmakers on the issue of immigration, despite concerns from within their own Caucus about reopening debate over the contentious topic.

    According to several freshman Democratic lawmakers in attendance at a weekly breakfast meeting with Speaker Nancy Pelosi (D-Calif.) and Caucus Chairman Rahm Emanuel (D-Ill.), Members were told to prepare statements on the resolution, which will endorse laws already on the books that prevent illegal immigrants from participating in taxpayer-funded programs, such as Social Security or food stamps.

    In a draft of the resolution obtained by Roll Call, the measure expresses the sense of the House "with respect to the importance of upholding federal immigration laws and ensuring the integrity and security of the borders of the United States."

    In addition to the language on public benefits, the draft resolution also contains provisions calling on the executive branch to enforce laws on voter fraud and border security.

    But one House lawmaker, who asked not to be identified, said some senior Members have objected to the proposal over concerns that it will be difficult, if not impossible, to limit the scope of the debate. The House largely abandoned plans to pursue a comprehensive immigration reform bill earlier this year after the Senate failed to cut off debate on its own version of the legislation, effectively killing the bill.

    Majority Whip James Clyburn (S.C.) and Majority Leader Steny Hoyer (Md.) began work on the resolution earlier this month in response to repeated Republican efforts to force votes on immigration on the House floor through the use of procedural amendments.

    "We're trying to figure out a way we can do this and maintain party unity on the motions ... without making it a crisis," said one Democratic lawmaker, who is a member of the Whip operation.

    Although one Democratic lawmaker, who asked not to be identified since plans have not been finalized, said the measure could move to the floor as early as next week, a House leadership aide said it is unlikely to be that soon.

    To date, Democratic leaders have not demanded that Members vote against all motions to recommit - a procedural tool that can be used by the minority party immediately before a vote on final passage of a bill - unless the amendment contains language that would shelve the legislation.

    "I've resisted motions to recommit unless they're substantive and then I'll vote for them," explained Rep. Tim Walz (D-Minn.), a freshman lawmaker who has faced attacks from the National Republican Congressional Committee for votes against some GOP-authored amendments on immigration.

    "It's frustrating to me," Walz added, criticizing the amendments as political footballs. "I'm appreciative that our leadership lets us vote accordingly."

    But that policy led to some confusion on the House floor in early August during a vote on a GOP-authored amendment to the Agriculture spending bill to prohibit illegal immigrants from accessing certain federally funded programs, with nearly 20 Democrats initially voting in favor of the proposal.

    Republicans allege that the Democratic majority mishandled that vote, resulting in the defeat of the measure. GOP leaders assert that a tied 214-214 vote - rending a defeat - announced by the Speaker Pro Tem was inaccurate and that the motion had in fact passed 215-213 as Republicans changed their votes.

    But Democrats dispute that version of events, noting that their own Members were changing votes on the House floor, resulting in the final tally of 212-216.

    The dispute prompted the establishment of a select committee to investigate the vote, which is scheduled to hold its first meeting this morning, and produce an interim report Sept. 30.

    Republican Rep. Tom Price (Ga.), who has sponsored similar amendments addressing the use of federal funds to assist illegal immigrants, including a measure that failed Tuesday night on a federal housing bill, expressed interest in the Democratic proposal.

    "I'd love to be able to talk with them about it and work on it," Price said. He could not say whether such a measure would deter him from offering such amendments in the future without seeing the details of the bill.

    "When I talk to folks at home they want to know why we're not including this language on every single piece of legislation," he added.




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  • Macaca
    09-21 08:49 AM
    Seeing no downside, more lawmakers reveal details of their work schedules (http://thehill.com/leading-the-news/seeing-no-downside-more-lawmakers-reveal-details-of-their-work-schedules-2007-09-18.html) By Jonathan E. Kaplan | The Hill, September 18, 2007

    Do you know where your congressman is? Until recently, few aside from staffers could have answered �yes.� But under increased pressure from watchdogs and the public, more lawmakers are disclosing with whom they�re meeting, as well as when and where.

    Rep. Kirsten Gillibrand (D-N.Y.) is a case in point. For instance, she had two hectic days of meetings, receptions and fundraising events at the end of May.

    On May 30, she met with American Insurance Group (AIG) officials, attended a meeting with Goldman Sachs employees to discuss sub-prime lending and alternative energy policies, sat down with Altria Group lobbyists to discuss tobacco regulation, and joined some of her business-friendly Democratic colleagues to meet with Morgan Stanley executives.

    She then hopped on a plane for a two-day fundraising swing through San Francisco and Los Angeles, where she attended a fundraiser with Sen. Hillary Rodham Clinton (D-N.Y.) and raised money for herself.

    This information normally is hard to come by for a reporter or government watchdog group. But during last year�s campaign, the Sunlight Foundation, a new watchdog, challenged lawmakers and candidates to publish their official work schedule online within 24 hours of the end of the workday.

    �My sixth sense about this is that greater transparency is an antidote to corruption and members of Congress get that,� the executive director of the Sunlight Foundation, Ellen Miller, said. �[California Republican Rep.] John Doolittle is a case in point. We�re at the tip of the iceberg. More and more will do it as citizens begin to understand it.�

    Gillibrand agreed to make her calendar public during the 2006 campaign, making it easier to see how she is using her time. Sen. Jon Tester (D-Mont.) also started posting his schedule when he arrived in Washington even though he did not sign the pledge, his spokesman Matt McKenna said.

    For Tester, open government is �a way of life in Montana,� McKenna said, adding that the reaction �has been all positive.�

    Six more lawmakers, Reps. Alcee Hastings (D-Fla.), Kathy Castor (D-Fla.), Jan Schakowsky (D-Ill.), Denny Rehberg (R-Mont.) and Doolittle and Sen. Bill Nelson (D-Fla.), have followed suit.

    The calendars provide a glimpse into the harried lives of the lawmakers, showing with whom they meet and how they manage their time and highlighting differences between the House and Senate.

    They also allow observers to link campaign donations to meetings.

    Gillibrand flew to Palo Alto, Calif., on May 30. A week earlier she gave $4,600 to Clinton�s presidential campaign. On June 2, Gillibrand met � the calendar does not say where � with Jayne Shapiro, a wealthy businesswoman, who gave $500 to the campaign. Gillibrand also met with Marsha Kwalwasser, an executive at Northrup Grumman, according to CQ Moneyline.

    Reporters and constituents love publicly posted schedules, and so do opposition researchers. MajorityAP.com, a Republican Web-based research service that provides information to reporters about Democratic lawmakers, accused Gillibrand of misleading the public by not stating where the event took place.

    �It�s reasonable that the people in her district know that she�s in California raising money during the Memorial Day recess,� the website�s founder, Michael Brady, said.

    A spokeswoman for Gillibrand said the missing location was a simple oversight, adding that Gillibrand�s office would look into adding the location.

    Miller said Tester�s schedule should be the standard that lawmakers emulate, but that more disclosure is better than none.
    Tester shares the same frenetic pace as Gillibrand, traveling, presiding over the Senate, sitting in committee hearings, meeting with constituents and huddling with Sen. Max Baucus (D-Mont.).

    Take June 21, for instance.

    Tester started the day at 9 a.m. with his senior staff, then attended a Senate Indian Affairs Committee hearing, met with a delegation from the PPL Corporation, presided over the Senate floor and lunched with former NBC anchorman Tom Brokaw.

    The lawmaker returned to his office to meet with constituents, hit the annual ice cream social, chatted with more constituents � including the winner of the National Peace Essay Contest � and met with an official from the American Bankers Association. He and Baucus huddled at 3:30 and the Senate met at 11 p.m. that evening.

    While editorial boards and government watchdog groups have praised the postings for adding transparency to the political process, each calendar has its shortcomings. Gillibrand and Schakowsky, for example, do not specify at what time each appointment occurred. Tester does not identify some people; Rehberg and Doolittle do not detail the time they spend politicking or raising money; and Hastings only lists his weekly schedule.

    Most lawmakers do not archive their schedules, although Congresspedia does.

    Castor, however, lists the times of her meetings and includes information on fundraising events she attends. She began posting her schedule in March.

    �She�s a very strong supporter of open government,� Castor�s spokeswoman, Agustina Guerrero, said.




    engineer
    01-20 02:49 PM
    My understanding is that by using AC21 portability (when I140 is approved and i485 is pending for > 180 days),
    one can work for current or any employer provided that new job is 'similar' (per DOL definition) to job listed in labor certification. In this case even if employer revokes 140 petition, 485 petition remains valid

    and

    One can used AC21 and continue to work for new employer on H1b (even if it is in 7th year extension stage) and doesn't have to use EAD,

    Is my understanding correct? if yes,

    1. Does one need to notify USCIS/ DOL after invoking AC21 ?
    2. If one leaves current company due to better job, life changing event or layoffs what does companies doe generally? Do they revoke 140 petition?


    What are other pros and cons of using AC21 ?




    wandmaker
    01-02 02:38 PM
    My AP approvals are lost in mail, my employer mailed them in ordinary mail during holiday season (12/11/07). What can I do next? Go thru attorney for duplicates? Please advice.

    USCIS will not issue duplicates for AP, you will have to re-apply with a fee.



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