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  • jasmin45
    07-16 07:05 PM
    There's already a thread floating in the forum to discuss this. Did you search the forum before conveniently created this dupicate thread. Please be considerate to resources on IV. It will be very difficult to desseminate the information all over the place.

    Please request admins to delete this one if you could not do so.




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  • fromnaija
    12-08 04:52 PM
    I think AP can also be mailed to a person who is not in the U.S. If that's the case, you could re-apply for AP once your old expires. Please verify with an attorney.

    AP could be mailed but the applicant MUST be in the USA at the time of application.




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  • jcseeker
    04-17 09:24 AM
    it isnot dependent on how gradual your change is. If your LC process takes 10 years, you can gradually move to VP position. It does not mean it is legal. You should never change your job duties dramatically. You could move from Software engineer to Sr. Software engineer and not to Team lead or project manager. Again, it is not hard and fast rule. Legally, you could take up any job as long as you move back to the job described in the LC after the adjustment of status(I485).

    Again the entire GC is for future job. I did not say "YOU HAVE TO" stay in that job. May be my wording is little bit wrong. It is always better to stay with the same company atleast for 6 months and min of one year after you get GC. If you do not, then if you intent to become citizen, there may be some questions regarding your intent for GC. I am not an attorney, but whatever, I have expressed above came directly from my company attorney.

    Thanks

    I am getting promoted to a manager's position. This postion requires the same technical knowledge and has the same job resposibilities. Apart from this, it has people management responsibilities. My lawyer said that since it is in the same devision and just added responsibilities it is fine. We just have to put the new position while applying for the next H1B.

    It is not clear from the previous posts if this is a problem.

    Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.

    My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.




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  • jg888
    07-20 10:06 AM
    I am a July fiasco survivor. My 485 has been filed through AOS, so no worries there. I was supposed to get married in a few months, but my fiancee has rushed down to the US on her tourist visa. The plan was to get a civil marriage certificate done and have her atach her AOS with mine. Lawyer has now informed me that she needs to stay here till she gets AP otherwise the application is considered 'abandoned'. She has a life in her home country that she needs to get back to, She can't just drop everything and park herself here for the 4-6 months that AP is likelt to take for July applicants. Does anyone have any advice, or a similar situation? As I see it, my options are -

    1. File AOS for her and let her leave, and take the chance that they will track her departure and cancel her application. If this happens, is she allowed to refile if the PD becomes current later?

    2. Rush out of the US with her to get her back in on H4 visa. Challenge here is that it is near impossible to get an appointment at a US consulate before the 17th Aug window closes.

    3. File her application through CP. She doesn't get interim benefits that way. Given my PD of EB3-June 2006, I'm not expecting a GC for at least 3 years, so this option really sucks.

    Any suggestions from the community out there?



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  • mirage
    03-12 09:46 AM
    This is one of the most hilarious thing I heard in months, thought I'll share....
    --------------------------------------------------

    It was the first day of a school in USA and a new Indian student named Chandrasekhar Subramanian entered the fourth grade.

    The teacher said,

    "Let's begin by reviewing some American History. Who said 'Give me Liberty or give me Death'?"

    She saw a sea of blank faces, except for Chandrasekhar, who had his hand up: 'Patrick Henry, 1775' he said.

    'Very good!'

    Who said 'Government of the People, by the People, for the People, shall not perish from the Earth?'

    Again, no response except from Chandrasekhar. 'Abraham Lincoln, 1863' said Chandrasekhar.

    The teacher snapped at the class, 'Class, you should be ashamed. Chandrasekhar, who is new to our country, knows more
    about its history than you do.'

    She heard a loud whisper: 'Fuck the Indians,'

    'Who said that?' she demanded. Chandrasekhar put his hand up. 'General Custer, 1862.'

    At that point, a student in the back said, 'I'm gonna puke.'

    The teacher glares around and asks 'All right! Now, who said that?'

    Again, Chandrasekhar says, 'George Bush to the Japanese Prime Minister, 1991.'

    Now furious, another student yells, 'Oh yeah? Suck this!' Chandrasekhar jumps out of his chair waving his hand
    and shouts to the teacher , 'Bill Clinton, to Monica Lewinsky, 1997!'

    Now with almost mob hysteria someone said 'You little shit. If you say anything else, I'll kill you.'

    Chandrasekhar frantically yells at the top of his voice, Michael 'Jackson to the child witnesses testifying against him- 2004.'

    The teacher fainted..

    And as the class gathered around the teacher on the floor, someone said, 'Oh shit, we're screwed!'

    And Chandrasekhar whispered quietly, "the Republicans, November 4th, 2008".




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  • desi3933
    03-03 11:54 AM
    Thank you Desi!
    Man, that is one heck of confusing language, I am still trying to understand it.

    Main line is this -
    In the event that the alien is the beneficiary of multiple petitions under sections 203(b) (1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date.

    Translation -
    If person has multiple approved I-140 petitions under EB-1, EB-2, and Eb-3 sections, he./she can claim the earliest PD date to any of his/her I-140 approved petitions.

    An example taken from Michael Aytes Memo (09/12/2006), section 22.2(d)(3) page 28:
    Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.

    __________________
    Not a legal advice.



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  • tonyHK12
    03-17 08:49 PM
    @chanduv23 - Yes it does look like this is needed, for people to realize that, this is the only way they can get their own Green card on time!

    Looking for good motivators, for people, to make them campaign for their own benefit............I know it sounds strange

    Members - IV is not going to benefit as much as you, by doing the Advocacy days

    Only 15 days left. This is our last chance until late 2013, or even later, with the presidential elections.

    Enforcement is increasing and it will get worse. As you may know H1 and H4s are getting a lot of 221(g), GC applications are getting RFEs.

    This is a critical time to show that we are valuable to the economy and contribute and create jobs. We have to improve our position, desperately - whether its H1b or Green Card.

    THE ONLY WAY IS ADVOCACY.
    .

    PS: This must really hurt the anti-immigrants. you can play with the reds all you want, but its not changing anything.
    .




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  • return_to_india
    01-19 05:34 PM
    Is $500 what your wife pays from her pocket (and employer pays the rest) or is this the actual cost of buying insurance?

    In the former case, expect the actual cost under COBRA to be significantly higher.

    I think you mixed part of reply with "chaks7" info.

    I pay $500 . Don't know how much the employer pays.



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  • spouse485
    01-10 04:39 PM
    Guys please help me with below questions.

    Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?

    Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?

    Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?

    I appreciate your advice




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  • paragpujara
    10-25 04:37 PM
    Do not believe on online status. Couple of my frds got their EAD and still online status is " Case Received and Pending". Looks like they are not updating the status on regular basis.



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  • immigrant-in-law
    04-04 11:59 AM
    Apologies first. Could not find a link to start a new thread but what I am mentioning below has a direct bearing on people planning/trying for H1 transfers.

    **************
    Is there a requirement now that an H1 transfer petition must be submitted along with a copy of the company's contract with its client and a copy of the workorder issued by the client, in the canndidate's name?
    We are faced with this situation now that we are effecting a candidate's H1 transfer. Our attorney wants these documents. We have also been told that the H1 extension will be granted only till the expiration of the client work order. So if it is a 6 month position, the H1 transfer would be granted for 6 months only. Fortunately in our case it is a much longer assignment.

    Has anyone of you encountered this situation or heard about it? If true, does it not mean the end of H1 transfer as we have known it?

    Regards




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  • gccovet
    11-03 08:10 AM
    Sorry if this question has been answered already. I searched and could not find any related threads.

    My H1B is expiring in December (6 years). My 140 is approved and 485 is pending. I have my EAD card but still working on H1B. I can get a 3 year extension for my H1b as 140 is approved.

    My priority date is Feb 2007.

    Is it a good idea to renew my H1B even though I already have My EAD?

    If I get the H1B extension, would I need visa stamping or can I use AP travel document and still be on H1B?

    TIA for the responses.

    I agree with meridiani.planum. H1 is better then EAD, you maintain status incase of 485 denial etc.
    Also, there is no cap on h1 extensions. A person can get 3 year extension only 1 time after 6th years on H1 being 140 pending > 1 year or approved and 485 pending .

    I also would request you to spare some time and send in 4 letters in support of fight against AC21 cases getting denied.
    for your reference, check out http://immigrationvoice.org/forum/showthread.php?t=22182

    Thank you for your time,
    GCCovet



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  • hpandey
    07-08 11:25 AM
    There is also a possibility that in future you marry a person who is already here .. maybe on H1 or GC or a citizen . Since you are already going through a divorce I am sure if you marry again you would want to meet and understand your next future spouse thoroughly before marrying .

    I can understand your situation . My personal advise is take it as it comes. Get the current situation over with first . As for your questions it has already been answered above.




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  • nixstor
    03-05 11:52 AM
    http://www.regulations.gov/fdmspublic/component/main

    Choose USCIS for the agency and click submit. That returns the proposed fee increase which is open for comments. I doubt it makes any difference but nothing to lose leaving a comment on the portal

    Alternatives

    You may submit comments, identified by DHS Docket No. USCIS- 2006-0044 by one of the following methods:
    � Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.
    � E-mail: OSComments@dhs.gov. Include the docket number in the subject line of the message.
    � Facsimile: Federal eRulemaking portal at 866-466-5370.
    � Mail: Director, Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. To ensure proper handling, please reference DHS Docket No. USCIS-2006-0044 on your correspondence. This mailing address may also be used for paper, disk, or CD-ROM submissions.
    � Hand Delivery/Courier: Regulatory Management Division, U.S. Citizenship and Immigration Services, Department of Homeland Security, 111 Massachusetts Avenue, NW., 3rd Floor, Washington, DC 20529. Contact Telephone Number (202) 272-8377.



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  • Anders �stberg
    July 16th, 2004, 01:40 PM
    Thanks for the kind comments!

    I've processed some more, plus added a few new ones from today, so I had to start a new Swallows gallery (http://www.dphoto.us/forumphotos/showgallery.php/cat/776). Please visit and tell me what you think! :)

    Concurrent H1 and L1 [Archive] - Immigration Voice

    View Full Version : Concurrent H1 and L1





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  • pcs
    05-31 11:56 AM
    bump



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  • reddysn
    06-16 09:27 AM
    My lawyer answered that one can work on OPT-EAD till one gets their I-485 EAD. So I guess you dont need to worry. Better check with ur lawyer also.


    My wife has changed her status from H4 to F1 in last
    year. She will be on F1-studies till July mid
    of this year. Few weeks back she got her EAD for her
    F1-OPT, which will start on Aug 15 of this year.

    As I am going to file AOS for her and also EAD, will
    she able to work on her OPT-EAD till she gets her
    I-485 EAD? Or She need to wait till she gets her
    I-485 EAD to work?

    As far as I know she need to wait till she gets her EAD of 485.
    I sent a mail to lawyer he did not respond yet.
    She is going to meet her international advisor on this sometime next week
    , but he does not seem to be an expert in this area.

    any ideas on this one?




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  • gc28262
    02-11 12:43 PM
    My online I-140 status shows the case cannot be found. The receipt date for my i-140 is current. What should I do? Anybody seen this issue.

    I had the same issue after filing concurrently in July 2007. My I-140 could not be found on CRIS. Finally towards end of Dec 2007, it showed up.

    My attorney advised not to care about the online status as we had the receipt copy with us.




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  • vinoddas
    07-29 08:57 PM
    I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.

    I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.

    What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:

    1. Use the special E3 work visa for Australian citizens.
    2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.




    shimul99
    09-25 03:37 PM
    My wife is in h4 now and received the EAD. I also received it, everybody is saying if she uses her EAD her H4 will be invalid. Is that a good or bad thing? What about she lost her job after three months? what will be her status? also is we travel using the AP what will be her status? or it doesn't matter as long you have the EAD and AP......




    yestogc
    06-11 04:04 PM
    Correction it 2 years out of 5 for maintaining PR

    http://www.cic.gc.ca/english/newcomers/about-pr.asp



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