Monday, June 20, 2011

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  • yagw
    03-07 12:44 PM
    With this present economic status I think a lot of I-485 that is still pending faces layoffs or had been laid off, particularly in my field in architecture. I just wish It wont happen to those who have waited for so long to get their green card.

    I was laid off last Feb. 19/ 09. I had my I-140 approved last Aug 2006 and my I-485 is still pending for more than a year now.

    The day before I got laid off from work, I talked to the immigration personnel in charge in my company and he told me that they wont cancel my I-485 in case I get laid off and advice me to inform them when I found a new sponsor to carry over my I-485.

    Since the law is not clear how long can I stay unemployed, would there be something to worry in my present situation? I just need an answer that could lift up my hope.Just like everybody else, Ive waited for so long for my green card, and when I landed this big company, I thought this is where I would get my Green card but that hope was shattered when I got laid off. There is no job out there and it could drag on for months.

    For those who got their Green card and those who are blessed to be born in this great country, your advice or input in my situation is very much appreciated.

    Thank you.

    From your information, I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed. If you're in one of those backlogged countries (India, China) then I would say you have enough time to find another job (given that your PD is 2006 and EB3 category). The USCIS will not touch your case for another year at least :)

    DISCLAIMER: I am not an Attorney and this is not a legal advice




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  • swo
    07-21 04:15 AM
    I am moving July 25th,07 from New York to Phoenix.
    Which address I should to give attorney to File AOS.
    She plan to file before July 31st,07.
    But so far we didn't found Apartment in Phoenix.
    Thanks in Advance.
    You better check to see if you are invalidating your entire petition.

    You may get denied if they determine that the job you are taking is not where you originally stated. I say this because, if you haven't even filed for AoS then you clearly can't be using AC21 portability at this stage.




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  • a1b2c3
    07-10 07:26 PM
    a1b2c3....hang in there.....Sept might bring more good news.......

    Based on the bulletin, I see the bulletin is based on report from July 9......so it is likely there is more spillover and might move another 3 years...Just being hopeful.....:-)

    I'm pretty sure it will. Hope you get your card soon. I got already my card but I still get tensed up when the visa bulletin is out :D. And I still haven't stopped visiting IV. I still get the retrogression night mares :-)

    The writing is on the wall, as far as I see it.
    When you put in sufficient years of work ex on EB3-I, change your job to the one requiring EB2 qualifications (if you have US masters it makes it even easier to justify EB2 ) and your PD will get carried forward, unchanged, to EB2 without issues.
    Most EB3-I seniors (PD upto 03) would have already gotten to senior positions with the same employer, so the original job app for the EB3 labor would have been null and void in any case ;)
    Going by the past trend, EB2-I PD will continue its onward march next fiscal year.




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  • srinivas_o
    09-16 02:11 PM
    Hello Gurus,

    I am July 2nd filer like so many others. I have changed employer after 9 month of filing I-485. I-140 was approved in Jun 2007. I have AP approved.

    My question : Is it advisable to travel to India and come back on AP? the reason I am asking is I have changed the employer? Will that affect my entry back to USA in any way at immigration check? Please advise.

    Thanks in advance.

    --Srinivas



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  • sandy_anand
    06-04 09:54 AM
    Thats the Senate and House for you...they get up very late since they party late into the night!...:)




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  • gcnirvana
    07-11 02:27 PM
    Franklin, I just sent you a PM.
    Hey guys

    The Bay Area members need your help.

    We are madly preparing flyers, banners, handouts, prepping attendees and filing permits, but WE NEED EVERYONE'S HELP!

    We need volunteers from anywhere in the country to call up Bay Area members to rustle them into action and attend with us. We don't have the man power to do it all ourselves are getting overwhelmed organizing this.

    Post here or PM me if you can make a few phone calls for us

    Many thanks



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  • Dhundhun
    10-15 01:49 PM
    Is the U.S. Losing Its Edge in Tech?



    In one word answer seems to be "yes". Few indicators are:

    - With CERN Large Hadron Collider, Europe took a quantum leap into physics
    - With Airbus A380, Europe taking lead in passenger aircraft. It is technically superior as only two flying crew member perform role of flight engineer and navigator. We can not forget supersonic Concorde.
    - In cloning several other countries are ahead
    - US does not have technology/infrastructure to make chepeast car in the world.
    - Due to business model, usually cellular devices/services are better in Europe and Asia
    - US is not economically better for putting Satelle in space, the economy is also one of the indicator of technology.
    - In car, Europeans are better

    However US $ muscle and can do things such as:

    - To keep superiority in air over SU MKI-30 (around $45 million), F-22 (around $200 million) can be mass manufactured
    - Deep space exploration, sending probes
    - Space shuttles for space research
    - NTSC was inferior to PAL and SECAM, can take a leap into HDTV




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  • GCNOMAD
    03-07 01:51 PM
    Hi,

    I was exactly in your same situation last year - When I re-entered the country, I was given an I-94 till the pp validity, later I renewed the pp promptly but overlooked the I-94 end date and realized it after a month. Following is my story and what I did.

    When I noticed the I-94, seriously I dint know its expiry implications, but casually mentioned it to my employer,,,for just in case reasons. They guy was so upset and put me on to the company attorney for further advice. First I was adviced to approach the local CPB office, which I did, but turned down by the CPB office saying that I need to leave the country and re-enter !!!. But its very inconsistent with different CPB offices, because I read that some CPB offices (the one in chicago I think) entertains and give a new I-94, but most of them dont. So now I was left with only one option to go out of the country and re-enter. So applied and got canada visit visa, I booked a weekend flight to Vancouver Canada, flew out and returned back in a day and I was issued a normal I-94 now untill the end date of the visa !!!. Ridiculous as it sounds, to spend that much money for nothing. But blame the broken system. Infact to avoid the canada visa option, I was shopping for flights to India, just to go for one day and come back and the travel consultant was literally laughing at me that I am going all the way for just a touch down...She cant understand my pain.

    Some lessons learned from my above experiences and some points that might help you -
    1. The truth is, when your I-94 expires, you immediately loose your authority to work
    2. There is a misconception in H1 world that you can continue for 180 days. But the 180 days time frame is just a time window for you to leave the country. Again, you can stay here for 180 days before you leave, but you cannot work.
    3. Try your luck with the nearest CPB office, if you are close to chicago you have better chance I guess, but I tried in LA and they bluntly said that I need to leave.
    4. In my case, though the I-94 expired, fortunately by God's grace, I had my 485 applied / EAD approved, so the attorney said that I have no complications to continue work (dual status), but have to renew the I-94 if want to maintain the H1 status.
    Take the above 4th point as its appropirate for you case.
    5. When you go to the CPB office, just pretend innocent and tell that you need to renew I-94. But if they refuse, DON'T keep negotiating for long, because they may put you in trouble.
    6. If CPB office visit doesnt work out, then quickly take a flight out and return back. When you go to Canada, most of the cases the airline takes the I-94 from you, if they dont, then take it away yourself.
    7. Either to Canada or Mexico, dont plan on travelling by car. Fly out and fly in so that you have sure chance of getting new I-94.
    8. There are ways that you can apply for the extension of I-94 here itself but your attorney has to go thru USCIS procedures and its very complicated.

    After going thru all those documentation pains for applying for H1, and later after the approval after all those awfull experiences to get appointment/stamping at the american consulate in India, you get the feeling that you are fully authorized to work in US. But still that small piece of paper issued during the entry has this much importance. Its illogical that you can renew your passport sitting inside the US, but for that piece of I-94 paper you need to go out and come. Give me a reason to prove that this is not a broken system.

    And before I go,,,, here is something to laugh. My wife and kid when they re-entered US, their passport expiry was before the visa end date, but guess what, their I-94 was correctly/(or mistakenly) given untill the visa end date !!! Anyway, thru some immigration officer's mistake God saved my wife and kid from going thru what I went thru...

    I hope this helps and I wish you the best of luck to get it in the local CPB office itself.

    God Bless.



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  • ggc
    08-16 04:44 PM
    Recently received interview letter, scheduled for Sep,3rd.

    1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?

    2. Is I-140 approval copy required? Interview letter does not say anything about it.

    3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?




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  • techskill
    08-10 11:49 AM
    thats sigh of relief for me.
    My friends attorney did'nt file his 485 unless he got new checks with his address imprinted on them.poor guy had to order new set of checks.
    Not sure why attorneys do this



    If the address in the checks and the applications should match then most of the AOS applications will be rejected for mismatch.



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  • sundar99
    02-12 01:59 AM
    Folks,

    Personalised emails will add lot off value, sending mass faxes would create more business for Fellowes in selling more shredder. I woud request u to think again before you guys spam the offices




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  • traveldoc
    09-30 07:16 AM
    Ken,
    First off priority mail could take about 5 days to reach and sounds like you are right about there now. Second, if you sent via priority mail with delivery confirmation the post office is responsible for it, contact them and try to locate the package. If you are not in a hurry for the AP I advice you to take this route. If you are in a hurry I suggest you send a second package in Express mail. Good luck with you AP.



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  • enqueued
    12-15 08:43 AM
    Hong

    Your post says there was a mistake with the petition letter. Is it just the letter or in I-129? Check the copy of form I-129 and LCA. If the information in them are correct along with I-797 then you are good. If the mistake is only in the covering letter for the petition then I do not think it is a problem. When you go for stamping you have to submit onl I-797, I-129 and LCA.

    If I-129 is wrong then you have to resubmit the application with USCIS. It is not correct to appear for H1 stamping with incorrect I-129.

    Thanks




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  • ubetman
    08-05 08:50 AM
    guyz,

    Did I make sense in my previous post...suggestions plz...thanks...



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  • zinc
    07-17 06:57 PM
    Great job Guys...way to go. We can accomplish a lot if we work together.
    All the best to all!!!

    Thanks for making a purchase with Google Checkout! Immigration Voice will process your order shortly.

    Order Details - Jul 17, 2007 16:21 GMT-07:00
    Google Order #9502434335xxxxx
    Shipping Status Qty Item Price
    Not yet shipped 1 Contribute 100




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  • ndbhatt
    05-11 09:31 AM
    Please check with your local Indian consulate if they can issue a BC. If you have a current original passport which includes the names of both your parents, it should work fine. Your original BC is not required.

    Link to this service provided by the Consulate General in San Francisco
    http://www.cgisf.org/visa/indian_services.html#mis-bc.

    Thank you Samir, but this format won't help to me. Can some one clarify to me while submitting our I-485 , do we need our birth certificate which contains both parents information or only father's name is okay?

    I need to know clearly on this subject, In my present BC contains only Fathers information only.

    Pls help me if some one have that specific format which contains both parents information.
    I am just curious to know why this format won't help. Won't the BC issued by Consulate General of India be honored during GC process.
    Currently, I am in Texas and debating whether to send misc. form requesting BC from Consulate General of India, Houston.

    Let me know if anyone has got BC from Consulate General of India and used it in GC process.

    Thanks,

    Nikhil



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  • GCmuddu_H1BVaddu
    02-01 08:11 PM
    I would suggest to build a wind mill and generate own power next winter :D

    My a** was burned with big electricity bill last winter when I was in apartment . If I put 70 hall will be very hot and bed room will be very cold. If I put 75 bed room is ok but people in hall are sweating. No proper control because of poor maitenance and also the apartment location.

    You will be surprised I am paying less power bill now in new house of 2500 SQFT than I was paying in 1100 SQFT apartment (with no one at home from 8 AM to 6 PM and all lights off by 10.30 PM).

    I am repeating myself, most of the times it is because of the poor maintenance of the heating system. That causes the system to run all the time.Ask how long ago the management did maintenance to the heating system (not just replacing the filter twice a year which doesn't do anything other than clean air)




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  • pragir
    12-11 01:57 PM
    Mohit, when you invoke AC21 your job profile needs to be same as that listed on the job description on your LC. As long as your new company is willing to declare that your new job profile matches the one on your LC, you should be ok.

    I am not a lawyer, please consult one.




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  • vidyakulkarni
    12-06 10:56 AM
    If you read the post , they say 21 year old means fresh graduate (bach.), it is very high for that age with no or less experience. here in california also freshers get 50-60k start..




    GCanyMinute
    08-23 12:23 PM
    My PD is 01/2002, so you can imagine what I felt when the September bulletin was out (I am EB3 world with 485 already filed 08/2004)!
    Now, I just called USCIS and they confirmed to me that indeed the Priority Date shows only on I-140, not I-485, so eveything is OK! Don't worry and be happy!

    Wow!!! You must be very happpy!!!! Your GC is coming out hot of the oven huh?! That's great! Let us know when you get it 'cause things like that serve to pump up people in line!! :D
    As for me 2 more months...please October Visa bulletin be nice to me! :rolleyes:
    Hey thanks a lot for the info, good to know USCIS just confirmed that.




    gman
    07-29 02:55 PM
    What is your exact job description in labor? I had similar delimma and I took paid consultation and as per the lawyrer, This transition falls into the catagory of "Similar" job so no problem however the biggest IF is your job description in Labor.

    Are you looking for specific language? How was similar defined from your attorney?

    Job description in Paper posting / ( I don't have I-140 in front of me but i assume the same) is:

    SYSTEMS ANALYST

    JOB DESCRIPTION:

    Systems analysis in connection with development of technical and detailed design including application processes, interfaces and database design. Test, maintain, monitor, and program software applications.

    JOB REQUIREMENTS:

    1. Bachelor's degree in Computer Science.
    2. Education and/or experience must include Visual Basic, SQL, Relational Database, XML, and ASP.


    The new job is: Director of Software Development

    • Execute the company’s technology architecture and strategy.
    • Foster a strong work environment that rewards individual and team efforts and encourages creativity, while maintaining high caliber productivity.
    • Prepare detailed project development work plans for scheduled software product releases and ad hoc software development projects.
    • Oversee project schedules and supervise staff and consultants assigned to specific projects to ensure high quality results and timely completion of all projects within budgetary guidelines.
    • Support the division’s Product Definition group by participating in requirements planning, data modeling, and business process walk-throughs to ensure proper transition from business requirements to development of the required software components.
    • Provide leadership and management for a team of SW Engineers, QA Analysts, and additional technology professionals and consultants.
    • Implement solutions using modern methods in SOA, OOP/OOD, Enterprise level architecture, and familiarity with UML and Case tools.
    • Travel approximately 25% of the time to both in-country and international destinations.
    • Perform other duties as assigned by the VP of Software Development



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