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Monday, June 27, 2011

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  • pappu
    04-30 11:32 AM
    Please be careful what you post on the forums.
    Immigrationvoice strongly opposes anything that violates the laws of the country. I deleted one of the posts on this thread. Our forums are visited by all kinds of people. We even had lawmaker offices and reporters viewing our website. Senior members are requested to be vigilant and report any post that harms the interest of the organization and community. Senior members should also immediately respond to any such posts so that the discussion is not continued further. Thanks.





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  • mariano
    07-29 03:54 AM
    Hi!

    My employer has changed the conditions of my employment since we mutually agreed to start the greencard process (reduced benefits, increased my out-of-pocket expenses, did not give yearly increase and bonuses promised at the beginning of my employment). I am now unable to make ends meet with my current salary and there is no sign I will get an increase soon. Will this constitute as valid reason if I quit my job in, say, 1 month from receiving the greencard?

    Also, the Senior position specified in the I-140 is not available right now. Do I have the right to claim it, now that the greencard had been approved? If they won't give it to me, will this be a valid reason to quit and not jeopardize my GC with the USCIS?

    Please advise. Thank you!

    Hi!

    My employer has changed the conditions of my employment after we mutually agreed to start the greencard process (reduced benefits, increased my out-of-pocket expenses, did not give yearly increase and bonuses promised at the beginning of my employment). I am now unable to make ends meet with my current salary and there is no sign I will get an increase soon. Will this constitute as valid reason if I quit my job in, say, 1 month from receiving the greencard?

    Also, the Senior position specified in the I-140 is not available right now. Do I have the right to claim it, now that the greencard had been approved? If they won't give it to me, will this be a valid reason to quit and not jeopardize my GC with the USCIS?

    Please advise. Thank you!





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  • techbuyer77
    06-20 07:09 PM
    nsc used to be slower than texas but now with the tsunami of applications on july 1st who knows





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  • H1B2GC
    09-30 07:24 PM
    Option 1:
    You could write a letter to USCIS to let them know that this attorney who filed your I-485 does not represent you anymore and future correspondence be addressed to you directly and also to revoke the G-28. You will not get any letter from USCIS confirming that your request was processed.

    Option 2:
    You could hire a new attorney to represent you. In that case he would file a new G-28, the USCIS does send a letter confirming that they accepted your new attorney representation. Meanwhile, until this happens, all the correspondence will go to the old attorney who could potentially screw up your case.

    If you are lucky enough and don't get a RFE till the new G-28 is accepted, You are SAFE. Also, any attorney you hire will charge you the FULL fees for I-485 filing that will be at least $3000.00 plus additional $5000.00 (If your case gets complicated). My best bet for you is to use option 1 and save your hard earned $. As you'll be taking your chances anyways.

    You should urge LIVE to start up an emergency rescue service (similar to what AAA does), i.e., to get an attorney who would help taking up cases for members only who suffer from unscrupulous attorneys for free and charge a low monthly membership fees till one gets the green card. I hope someone from LIVE is reading this post?



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  • sk.aggarwal
    05-20 12:11 PM
    I think you can apply for H1 before 12 months but requested start date in LCA should be 12 months from the day you last left US





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  • sweet_jungle
    12-29 09:52 PM
    3 year h1 extension requires I140 to be approved plus non-current priority dates. You can get a copy of the approval from your attorney


    I do not see any reason why uscis cannot give 3 year extension with ONLY 485 receipt and I-140 case number printout. With these, USCIS should be able to determine the priority dates and whether the person is retrogressed or not.
    An actual case would be helpful.



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  • nashim
    08-06 02:40 PM
    for EB2 I-140 approval, candidate must have 4 years bachelor + master degree or 4 years bachelor + 5 years experience





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  • kaisersose
    07-17 04:46 PM
    Kaisersose thank you for your reply. Is their a time limit for how long I have to work for the GC filling employer? what worries me is if they fire me in lets say 1 month after hire during their probation period am I safe? Even though i was working part time some where else.

    No minimum period is necessary and firing will not have any negative impact.



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  • a_paradkar
    08-08 07:45 AM
    Pamposh:

    I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?


    What is your back up plan





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  • dpp
    06-20 05:42 PM
    I am confused. I have I 140 approval copy but it does not have A# in it. I know lots of people who have approved I 140 and they have A# in it. Please let me know what should I do in this case?

    Just leave it blank. But my approval has it and so i am using it.



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  • dixie
    09-30 05:28 PM
    You should be thankful you are even able to file for 485. There are so many of us here who have waited 4+ YEARS (and still waiting) for just their labor cerification from BECs. Even assuming they get their I-140 approved overnight, they need to wait another 3-4 YEARS before they can even FILE 485. So compared to that 4-5 months processing time to approve I-140 is a rounding error .. dont mean to defend USCIS or trivialize your problem, just giving you some perspective in the larger context of this huge EB mess.
    This is absolutely no-sense at all.

    Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.

    You compare about 2-3 month processing time from one Center and another 1 year from another service center.

    People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.

    We don't want people get process by Luck! or by paying more money and left other people behind.

    What you think?!





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  • mnkaushik
    10-14 12:19 PM
    It does not matter once you get your green card. Those restrictions are till you get the green card. For now, she has no restrictions. But as the person earlier pointed out if she applies for your gc, it will take 5 years if she is just green card holder but it will only take 6 months to a year, if she is a citizen.

    Now, if you both decide to live outside of US, then you need to look into what are the residency requirements for her to keep her green card status. If that is of interest to you.



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  • Dhundhun
    10-02 02:53 PM
    As I understand, technically there are different situations - for example,

    1. If some one is married to Canadian Citizen, his/her requirement of presence not needed and can hold lifelong Canadian PR, while remainig in USA on GC or as US Citizen.

    2. Similarly, if someone is hired by Canadian Company and sent to USA, his/her requirement for presence is not needed.

    American Citizen do get Canadian PR, there are some advantage too, such as medical.





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  • brb2
    09-21 02:26 PM
    As I see it, the 7% cap is nothing but a clear case of affirmative action on a global scale. Republicans would definitely support removing this cap if the debate was framed in this angle rather than to give relief to any particular country. Relief is to the business's in the US - the freedom for them to hire the best in the world not to forced in to affirmative action due to quotas in high skilled immigration.
    without rising the current cap, increasing existing 7% limit will only lead to a worse retrogression in the ROW category.



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  • samcam
    05-19 11:15 AM
    Simple reason, you get access to the members only forums.. Very informative.. Also, only way to help yourself is by helping a bigger cause.. come join us and contribute!!

    I have attached a screenshot of the members only forums... Take a look!





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  • anilkumar0902
    11-01 12:05 AM
    PVGanesh,
    Yes, affidavits or letter on employer letterheads from your colleagues about your progressive experience should suffice.For EB2 you need to prove that you have Masters or Bachelors with five years of progressive experience.

    Good luck.

    Cheers



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  • styrum
    01-18 12:50 PM
    INS doesn't process Labor Certification. So it was either DOL who denied Labors or INS/USCIS who denied 140's. The latter is doubtful, because 140 is filed only with an approved Labor (except for EB1s and NIW), but everything is possible with USCIS. There is a will there is a way, there is no will there are excuses (not enough visas, too many of you, too few processing capacity, we gotta protect American workers from you, damn job stealers, etc.)





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  • nonimmi
    06-11 12:17 PM
    pappu,

    Can you please stop each such individual starting a new thread and misguide members. We have serious things to do and this guys are making it too annoying. I believe allowing all such people to start a new new thread is not a good idea.

    thanks.





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  • pmb76
    07-14 12:42 AM
    I sent a letter to Rep Zoe Lofgren on July 4 after she sent a letter to Chertoff and Rice on our behalf. Below is what I wrote:

    Re: July Visa Bulletin revision

    Dear Representative Lofgren,

    Let me begin by Thanking you immensely for standing up for the cause of legal immigrants. Your response to the July Visa Bulletin fiasco made me very pleased and re-instilled the hope in me that I had lost as a result of the recent announcements by USCIS to stop accepting Adjustment of Status applications.

    It is indeed appalling that the various problems faced by highly skilled legal immigrants get lost in the cracks of the system and do not get any media coverage.

    I have been in the U.S for approximately 9 years now. I graduated with a Masters in Engineering from a highly ranked school here, always played by the rules and still am stuck in the backlog delays and the bureaucracies of the immigration process.

    The July visa bulletin released on June 13th a gave me and others a ray of hope which was crushed after USCIS stopped accepting applications on July 2nd. I have spend huge amount time, effort and attorney's fees preparing all the paperwork and submitting it to USCIS on July 2nd.

    Again I want you to know how much me and other skilled workers in the same situation as me, appreciate your taking up this issue with Dept of State and USCIS. Thank you so much for your help in this critical hour. Please help us in resolving this issue and also discuss this with your colleagues in congress so they may also take up this issue with the Federal government agencies.

    Sincere Regards,
    XYZ





    akhilmahajan
    08-07 09:20 AM
    U mention what u have filed and what u r expecting.

    I think almost everyone has filed 485/140/EAD/AP.
    I am just curious what exactly you want to know. Do you want to know when you will get your GC or about the receipts.

    If you are looking for receipts, there is a thread going on for July filers by the name "July Trackers".
    If you want to know when you will get your GC then i am sorry to say, even GOD cannot give you an idea.

    I hope this helps.

    Meanwhile, please work on some action items and your wait will become more easier.





    milind70
    06-25 09:39 PM
    My H4 spouse left the country for vacation on May 25 (before h4 expiry)
    Attorney filed 7th year ext and I 539 on Jun14.
    My 6th year of H1 ended on Jun 17.

    The attorney was not reachable by HR or myself. HR calls me today about problem with H4 and the attorney wants to discuss. What the heck ? Do they file I-539 when some one is not in the country ? She and I always maintained proper status. What can be the problem? I am freaking out to get my h1 ext approval asap and bring her back to file 485. Now my head is exploding. Any clues ? I cant bear this suspense.

    you dont require to file I 539 since she is out of the country ,so currently she has no status .



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