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Saturday, June 11, 2011

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  • satyasaich
    07-21 09:14 AM
    When i was in a fortune 5 earlier in my career, Fragomen & Assc were my attorneys as well. Never had such thing in the past nor heard of it. By the way, thousands of people work from home in a company where i was also working from home till yesterday. ( today 7/21 i don't have a job due to EAD processing delays )
    it's just their inability to explain the business model. For example, if you are in IBM, they have only few offices in midwest and most of the people work from home & travel to client site based on necessity. Some of the positions ( suchas DBA / Unix Admin/ Web Admin etc;)doesn't even require presence at client location not even once in an year.
    That's how the business model is existing. just because some officers / clerks in USCIS doesn't understand / nor interpret properly the vebiage or context of law, it's their traning issue. worst case scenario, that's why we pay hefty amounts to so called 'immigration attorneys' to 'explain' the law & to work with USCIS officials to do the 'CORRECT' thing
    Normally my wife is the one who is used to post or follow up on the latest here.

    This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.

    Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.

    Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.

    Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.

    One other point the fragomen lawyer said is - this is going to be the case for all thier clients.





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  • lazycis
    11-30 11:54 AM
    It usually takes a long time for them to fix their own mistakes. So do not lose sleep over it. Write to the director of the service center. If that does not help, complain to CIS Ombudsman





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  • ikass
    06-01 08:32 PM
    Can IV help with reaching out to Media or leading magazine to provide some light into the plight of legal immigration? We don`t see articles written or spoken about our plight. IV can direct some resources to this effort and I`m sure we can provide 100s of unique stories of aspiring legal immigrants waiting for some action. Especially, if it can help congress pass 1 or 2 small amendments with other bills this Summer. Fellow IV members who are in the same situation, please share your ideas for legislation.





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  • vkxml
    06-29 02:59 PM
    Hi

    I am trying to change my I140 regular to I140 premium by completing the I-907 form, so that it can be sent before July 2nd deadline. However, my employer is not willing to proceed as he has recently received an RFE on I140 for one of other employee; he is working on the necessary documentation for that RFE, At this juncture, he says that escalating my I140 would jeopardice the situation.

    Still, I am still not convinced; I want him to push it. Will there be any issues for the organization or for me. Any response would be greatly appreciated.

    - VK~XML



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  • dummgelauft
    05-07 12:11 PM
    To all of you who get the adrenalin rush on seeing a LUD...

    When you dust a bookcase, you may take the books out, dust them one by one and then put them back in to the bookcase. That does not mean that you READ all or any of the books.

    Do you get my drift...
    Stop getting excited and opening new threads on LUDS. These mean diddly squat.
    None of this means anything, so long as YOU YOURSELF are not holding the ACTUAL GREEN CARD, with YOUR NAME and YOUR PICTURE on it, in YOUR OWN hands.





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  • tonyHK12
    01-11 09:28 AM
    The second part also sounds pretty reasonable to me:


    This PAV would be issued upon successful completion of an application process that would involve the following:

    1. Providing documentary evidence (school records, doctor�s records, etc.) that the applicant was in the United States before he or she reached their thirteenth birthday and be no older than twenty-five at the time they file their application;
    2. Background checks for any prior convictions involving fraud, assault, reckless driving or DWI, failure to appear at any immigration hearing, or any past record of voluntary or involuntary deportation. Any such convictions would lead to a presumption of an unsuccessful application;
    3. Evidence of the withholding of any relevant information, or submitting false information would result in the automatic failure of an application. Any failure of an application would result in the applicant returning to his previous immigration status;
    4. Failure of an application due to withholding information or providing false information would subject the applicant to expedited removal proceedings;
    5. Waivers of any requirement connected with the application process could only be made on a case by case basis by the Secretary of the Department of Homeland Security setting out in detail the "compelling evidence" underlying such a waiver and the evidence used to support such a determination.

    The Permanent Administrative Visa would carry with it the following authorizations:

    1. PAV holders would be allowed to legally work and obtain a U.S. passport (on the condition of turning in any other passports) for foreign travel;
    2. It would allow holders to establish residency in any state according to that state's requirements and be on equal footing with other legal immigrants with regard to state and local laws and policies;

    The Permanent Administrative Visa would carry with it the following prohibitions:

    1. Holders of the PAV would not be able to sponsor family members and relatives for LPR status;
    2. Holding an PAV would not imply any safe harbor for applicant's family members;
    3. Holders of PAVs would not be eligible to receive means-tested public welfare benefits;
    4. Holders of PAVs would not be able to adjust their immigration status for a period of 10 years and then only through an administrative hearing in which the holder presented compelling evidence that such an adjustment is in the public interest. Such evidence would consist of, but not be limited to, applicant's work history, community service, military service, family circumstances, and the results of policy and security checks.

    A One-time Only Policy: Consistent with the knowledge that adjusting the status of illegal immigrants brings with it the expectation that adjustments of the same kind will be made in the future, the language authorizing this initiative will explicitly state that:

    1. That no further adjustments to legal status will be made for children brought into the country illegally after the date on which this bill becomes law;
    2. That parents who bring their young children into the country illegally after the date of enactment will be subject to expedited removal proceedings.



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  • jsb
    01-08 03:49 PM
    Can someone please clarify
    i know there is always risk involved ....

    If we have EVL from any employer with exact same title/ job description in that case we can work on any title / any job description ????

    With AC21, any employer with same/similar job description as in LC, can sponsor you (meaning promise to employ you upon your getting getting GC, and you agreeing to be their employee). In the meantime, you may be working for anybody, but not working for the sponsoring employer, might raise doubts of your and sponsoring employer's real intentions, resulting in RFE/interview etc.

    Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.





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  • NWISE
    03-31 02:59 PM
    If there is a loophole and it is being exploited, plug the loophole, not scrap the program. If my head hurts, I don't cut off my head.
    And loopholes will be exploited, if they exist. I would do it (and I'm sure majority of us would) if we could. Nothing illegal in that.
    Kind of similar to how large corporates avoid paying taxes using every loophole and trick in the book even when they earn billions, while we end up paying tax on every dollar we earn.
    P.S. I'm not saying falsifying documents is acceptable... that's illegal and that's an enforcement issue, not taking an advantage issue.
    My 2 cents.



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  • a_yaja
    06-18 12:34 PM
    babu123
    When had filed my I140 I did send my coworkers reference letter ...yet i got a rfe requesting for employer's experience letter..
    I was in a similar but totally different situation. I wanted to use the experience as a Grad. Assistant for my I-140 stage. The problem was, my professor was no longer with the University. My lawyer suggested that I obtain a letter from the professor on a plain paper and make sure that it is notarized. The letter had his address and cell phone number and "Formerly, Asst. Professor at xxx Iniv".

    There was no issue with the I-140 approval.





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  • desi3933
    07-06 11:53 AM
    This is a very basic question and I need answer on this as early as possible and guidance from you.

    I came to this country in Dec 2001 on H1B Visa.

    I never applied for green card since then.

    Now on Dec1,2007 my H1B expires so I will have to go back to China.

    If I file for green card at this point, will I be able to get the yearly extension for next few years till my GC comes?

    Am I even eligible to do so?

    Can I go to Canada and still work in USA (Since I live close to canadian border)?

    If you have gone for out of US vacations etc, you can claim "absence time" to extend H1 beyond Dec 2007. For example, if total time outside US is 3 months then you can extend H1 until Mar 1st 2008.

    This gives little more time to get I-140 approved and file for 3 year H1 extension based on approved I-140.


    ______________________
    Not a legal advice.



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  • masti_Gai
    08-16 10:20 AM
    I recently visited India in June 07. I didn't wanna go and waste a couple of dayz in chennai so wanted to use ma AP. While returnin I showed ma PP to the Immigration officer, he asked me where ma VISA was. I told him i have an AP and showed it to him.. He wasn't surprized. he just let me get in after stampin a seal on my PP.

    At Germany (coz i flew via lufthansa) the lady asked my VISA again. I showed her my AP... she suddenly understood and asked me if i had applied for a GC. I said yes.. she signed a form and let me check in at the counter.

    Its so simple no problem at all.

    Happy Journey...





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  • jsb
    01-29 01:03 PM
    Oh yeah, we are demainding an RFE (request for evidence) to substantiate this gossip....
    ...not demanding an RFE, but making an RFE and demanding an answer. The initiator of this thread must have heard it as a wish, but wishfully being optimistic, reported it as a news.



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  • solaris27
    08-15 08:58 AM
    Q. How soon can I leave my petitioning employer once I get my green card approval?

    A. There is no brief answer to this question. Let me explain. The basic premise (or theory) behind permanent residence through offer of employment is that an employee is accepting a job on a "permanent" bases. What does "permanent" mean? Does it mean for ever. Obviously not. That would be unreasonable. But "permanent" also does not mean that you pack your bags the moment you receive your green card. So what is the answer? No one really knows. Each case has to be determined upon its own merits. Normally, I would say working for one year or more with the same employer after getting your GC is PROBABLY enough indication of permanency. Less than 4-5 months is perhaps evidence to the contrary

    But REMEMBER, this is just my own guess. Technically speaking, the moment you decide that you will leave after a certain period of time, "permanent" intent is gone. Catch-22 eh? Well that is the way it is.

    There may be considerable relaxation in this interpretation because in the year 2001 Congress enacted a law that permits employees to leave an employer even while their I-485 is pending. We do not have the regulations or any detailed guidance on these issues.


    FREQUENTLY ASKED QUESTIONS
    ----------------------------------------------
    Q. I did not willingly left the GC sponsor employer but actually after three months I got my GC, i got laid off from the project and due to the bad economy , my employer was not able to get me other project so he gave me letter saying that he wont be able to pay me salary since he doesnt have any project for me.And, after getting that letter I resigned from GC sponsor employer.
    This is the whole scenario, now considering it, Am I still at risk?

    A. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.

    Q. I am employed at the XYZ University (XYZU). I applied for 485 myself (without attorney). My 485 was approved last month and I got my passport stamped in July. My contract with XYZU is coming to an end. My job is renewed every year based on the availability of funding. I have been with XYZU for the last 5 years. There is a possibility that they (XYZU) may not extend the contract because the research grant I got is coming to an end in september.
    Will my termination from the job at XYZU affect my Green Card in the future, and is it better to be terminated from service (based on unavailability of funding) by the WVU or is it better to offer my resignation?

    A. I think it is better to be terminated. There are no clear rules as we have stated above. But, In my opinion, there is no risk in this scenario. You acted in good faith to continue the job, but your employer could not continue to employ you.





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  • mnq1979
    06-26 03:32 PM
    What did u provid as of now?? If can obtain bc u can produce it. If u do not have one then ceritificate of non-availability. Besides this u need to produce secendary evidences such as school, medical and religious documents or affidavits which mentions both your parents and your full names. That is what I did. In anycase, you will be given instructions on the rfe what to respond to the rfe. Good luck.

    I jsut spoke to my mom and she confirmed that she has my BC in diffrent language and will get it translated. So i think i m good from that part.

    But my wife BC is not available. I have asked my father in law and he said he will ask some one to get. It is possible but will take a little time.

    My question is since her BC will be made NOW do i need any other proof with her BC?



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  • gc2
    09-22 05:55 PM
    Job A
    OES/SOC Code: 15-1099
    OES/SOC Title: Computer Specialists, All Other





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  • jatinr
    08-17 10:12 PM
    And you will there with your friend...//wink.. correct.

    USCIS will accept any applicaiton filed at a wrong service center uptil Aug 29th. If an applicant has not filed a form as per the direct filing instructions that became effective July 30th, still USCIS will accept any application filed at wrong locaiton as per their press release for direct filing that came sometime in June.



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  • surge
    02-18 05:18 PM
    Hi Surge
    You should then consult a lawyer.

    i did. different lawyers said different thing so i do not know who is right and who is wrong.

    should i make an infopass appointment and idscusss it with them?





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  • sangmami
    06-16 07:24 AM
    hey guys ,
    can any1 tell me how long does it take to get EAD in hand from the date it was filed./and how long does it take to get the I 485 approved under present situation?.In our case the later we get i 485 the better it is for us.Thanks:D





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  • sam_hoosier
    02-12 03:12 PM
    (IZZAT KI SAWAL) ... It is IZZAT KA SAWAL.
    I am lazy and may be more lazy then anyone. Good to hear from a new enthusiastic person.

    Your enthu will go away soon.

    What is the point of your post ? :)





    EkAurAaya
    03-19 04:10 PM
    What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?

    From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?

    Can anyone who has sold a property on h1 or EAD confirm this?

    Please share first hand experience and not something that someones heard through the grapevine





    Berkeleybee
    03-01 01:22 PM
    All you have to do is scroll down the home page.

    Let me know if you still have difficulties.



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