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sparklinks

10-17 09:27 AM

I don't think it is true. My lawyer said using AP will not invalidate H1B.

I have seen many people saying they came through AP and extended H1B , some even 3 times.

Anyway, I am travelling outside and planning to use my AP while coming back. I will post a message if I come through H1B

Thanks Buddy !! PM me when you come back plz.

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Prashant

02-23 10:04 AM

Yesterday on cnn and ofcourse on lou dobbs show there was a statement that I guess Chamber of commerce was drafting the CIR.. he was so pissed off about it .. I donno if it is possible to use IV lobbying to get our goals in CIR through Chamber of commerce.

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psnycgirl

08-23 07:48 PM

hmehta I was about to ask the same question. How can you apply for I140 and I485 before you get your labor approval?

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mallu

02-11 06:49 PM

to publish monthly,
how many pending applications in EB1, EB2 , EB3 ( by year ).
So we will get a rough idea of the wait.

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quizzer

10-16 04:21 PM

Hi Guys,

My LCA has Computer Software Engineer as job title.I have 5 years of Experience as Oracle functional consultant.Currently I'm working as Oracle consultant.My 140 is approved and got my EAD card.In jan 2008 it will be 180 days of filing 485.I want to change my career towards IT Sales.

I have an offer from an American Staffing company as a Technical Recruiter.The job responsibilities include hiring Software Engineers.But the job title is different from my LCA.I want to join this company using EAD in jan 2008 and apply AC 21.Today I have checked with my Lawyer this is what she says"

In instances such as this, when we send the letter to the USCIS regarding AC21, we include the following details with reference to the job title. � Although the job title differs, the job duties are substantially the same. The title used by the company is their internal designation for this position."

She says that i will be able to work as Technical Recruiter using EAD.Any one can suggest me on this?I have very little knowledge about AC 21 and how it works

Thanks in advance
h12gc

I would not do this as the job responsibility is completely different. Just curious why do you want to change from oracle functional to Recruiter???

Take the opinion of many lawyers and experts before even thinking about doing this.

Thanks

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eb3India

04-21 10:20 AM

You guys really have to give a deep thought before you suggest names that contain the word slave....

The argument goes like this : America is a great country. We do not want slavery. Slave labor would undercut citizen salaries. Slave labor should be abolished..Hey..These people call themselves slaves...Let's abolish H1B program...H1b must be abolished...

Now see where the argument ended up...Think completely what you are getting into...

I am all for abonding H1B, when did IV promoted H1B program, we have this mess today due to H1B and itz loopholes,

I don't use word slave very lightly, but we need to accept the fact many of H1Bs are handcuffed with current system, We need system similar to Austrialia, Canada a point based system or very similar to Nurses in US they get GC before even coming to US.

H1Bs are truly pulling the wages down, I know I did when I came here I have no argument with anti-immigrants with this subject, but giving GCs to these H1Bs will have fair chance to compete in Market

Corporate leaders such Bill Gates and Senators such as Kennady do know this issue and have deep understanding but they don't give a rat about it,

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gc_on_demand

09-22 02:31 PM

GOOD NEWS

09/23/2008


Full Committee
1:00 P.M. in 2141 Rayburn House Office Building

Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress



http://judiciary.house.gov/hearings/calendar.html

I called all reps but still dont see any news related to schedule on calendar. Tried diff browser and cleard cache.

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needGCcool

08-28 10:47 AM

Guys pls stop taking useless info pass appointments. People like me who have not received EAD and may loose the job are not able to get infopass appointments because of all the people taking appt to know the 485 status. Pls understand......

I do not know when you started the process of renewal, but you could have filled 4 months ago. Then, secondly, if you are so eager go and take an appt in another city. Just an option...Everyone has the right to do whatever they choose...

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Ramba

11-21 05:14 PM

Ramba, what are different levels? example, I found something similar on flc data center website. How can I know which level I am in to?

Area Title: Town, State
OES/SOC Code: 15-1032
OES/SOC Title: Computer Software Engineers, Systems Software
Level 1 Wage: $29.48 hour - $62,111 year
Level 2 Wage: $32.92 hour - $71,347 year
Level 3 Wage: $37.37 hour - $78,603 year
Level 4 Wage: $41.81 hour - $85,838 year

Unless you your approved LC or PW determination by DOL of your old job, it is difficult know what level you are in. Generaly level1 is an entry level position and level 4 is highly exprienced position. Depending upon job descrption/duties, DOL might have allocated suitable level for your job in the LC stage. If your LC was filed before PERM, then it was only two level (level1 and level4). After PERM, they introduced 2 more intermediate level.

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Gravitation

08-18 05:32 PM

You have an approved I-140, so the PD belongs to you.

Find a job that requires either an MS degree or BS+5 years experience (this could very well be your current job). File a new perm. When it's approved file for a new I-140 in EB2 attaching the copy of the old approved I-140 asking to capture that date.

Then attach your new I-140 with EB2 to your existing I-485 application.

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gc_chahiye

01-18 07:47 PM

If the recession does hit,

will the visa bulletin of every month jump faster?

or will it slow down?

does anyone know?

:confused:

This was discussed in an earlier thread:

http://immigrationvoice.org/forum/showthread.php?t=15744

In general it should not affect the visa bulletin because even if people lose jobs they can potentially scramble and get something soon enough (esp if they are on EAD). A future job offer is enough to maintain status atleast.
So for all the people already in the queue, its possible to stay in the queue even if the economy tanks.

For people not yet in the queue, even if they are forced to return to their home countries, they dont impact the existing queue.

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sri1309

07-06 06:30 AM

Search immigration.com ("i-140 denied, urgent help please"). I went thru this, attorney was so-so, not experienced in handling cases like this as he is a small firm. So I went to one of the BIG firms and got it MTR'd and cleared in 3 weeks. I spent 3K, but never thought about it before or after.
While you work on backup options, dont just let go the current status that you got in 4-6 yrs.
The new attorney could easily make up for the pay.

Sri.

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GCard_Dream

05-05 08:51 PM

Well that's where the problem lies. State of Arizona considers me a resident based on:

1. I have lived here for past 12 consacutive month.
2. Pay state taxes.

Yet the university refuses to accept that and still consideres me non-resident just to charge a higher fee. This is so strange.

I would consult an attorney to understand your residency status..
usually at the time of filing your tax you do declare your residency status (like you are a resident of X or Y state..(if i am not wrong)..]
I think its a legal loophole they are exploiting..sad;-(

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addsf345

11-05 12:25 PM

wheather you use AC21 or not, please support fight against AC21 cases getting denied.

Please send letters. For reference,
check out http://immigrationvoice.org/forum/showthread.php?t=22182

"RED or GREEN" dots don't bother me, so save yourself some and instead divert the energy towards sending letters.

Thank you for your support.

GCCovet

This is a good suggestion. I am in the same boat and will do this by weekend for sure.

Meanwhile, if anyone has suggestions or want to share experience with particular attorney, please help. I need to contact a good attorney by tomorrow. If anyone can share the experience, deeply appreciate your help. Thanks

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GCchakravyuh

07-13 09:04 AM

It feels much better after i became member of this wonderful website in July. All the info, jokes keep me assured of so much support...:)

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santb1975

12-09 03:01 PM

:rolleyes:If you dont have an answer to the question asked dont reply and dont advise what people should do....
keep that to your kids and good luck with that....

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Dhundhun

08-05 03:48 PM

All,

anyone knows about this visa, is this family sponsorship GC ?

Family Second Preference (F2): Spouses, minor children, and unmarried sons and daughters (over age 20) of lawful permanent residents. (114,200) At least seventy-seven percent of all visas available for this category will go to the spouses and children; the remainder will be allocated to unmarried sons and daughters.


What do you want to know? I130 and I485 needs to be filed. Both Counselor Processing as well as AOS allowed.

This is current Priority Date
--- China ---- India
2A 01OCT03 01OCT03 For Spouse and Children
2B 01NOV99 01NOV99 For Unmarried children above 21

For EB based guys, my understanding is that this PD is same as Labor Certification PD which was used for GC - correct me if I am wrong.

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snarla

06-25 01:49 PM

Yes, By I-94 i meant the I-94 i recieved when i last entered the country(which is March 2007)

It is mentioned on Murthy.com and even on this website that our latest I-94 determines the length of our stay.

So my question is when we file for our I485, will we be in some kind of status called pending AOS or something like that?

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pd_recapturing

10-19 01:35 PM

According to what I have read - porting of PD can be done at 2 stages

1. At the time the second I-140 is applied or,
2. When one applies for the I-485.

So you should be fine going by #2. Not an attorney, just like you all - a GC aspirant commenting on his research.

My question is the same that you raised earlier - the Memo states that the PD has to be current when interfiling. But in the case of pd_recapturing, his PD is May 04 which is not current - EB2 for India is Apr 04 (my assumption being that pd_recapturing is from India.)

My case is exactly as pd_recapturing, waiting for the approval of my second I-140 to see if the date got ported or not (we had requested during filing of second I-140). After the approval, I was thinking of waiting for my PD to be current before filing.

pd_recapturing - we'll be following your lead to see how your case turns out.

Thanks.

Gene
According to my lawyer, mine is a simple case of updating I-485 file with a different I-140 so there is no need to wait PD to be current. And also it makes sense to me as I am not applying a new I-485 to wait for PD to be current. They will anyway touch my AOS when PD will be current. Right now, they will have to update my I-140 with the existing I-485. And moreover, my case is not a PD change, instead, its a EB category change. What do you guys think ?

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Nikith77

02-22 06:35 PM

we got our EAD cards today, and it is just for 1 year. Did anyone in IV get EAD for 1 year

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sk2009

03-18 10:48 AM

This is completely wrong. Once you are in EAD and got laid off...you lose your status. There is one more thread in this forum where one guy applied for unemployed benefit in EAD, in a weeks times the ICE was coming to his home and severed the notice to appear in the court. That guy started the thread and every one bashing him for applying the unemployment benefit. But he later came to know that his employer notified the USCIS that he got laid off during EAD. So he lost his status and they wanted to deport him. I am not sure about the outcome. He is here in only in the IV. That thread was created in the last 2-3 months time. So search for it.

There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.

here is the link he is talking about
http://www..com/discussion-forums/i485-1/237011787/

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