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  • GCBy3000
    04-15 07:35 PM
    I agree as long as you have filed your 485 and 180 days is passed. But in my case, I have not even crossed the labor stage. It was pending with BEC when my company asked me to move. I tried a lot to convince my attorney thinking that I might miss the boat of 485 if at all it becomes current, but it did not help.

    THe LPR clearly states that it will become void if any of the below changes.

    1. Job description
    2. Location
    3. Something else, I dont remeber.

    The above will not come into effect, if you had crossed 180 days of 485.

    Also my attorney told that USCIS will not be able to find from where I file from 485, but it is risk on my part when I go for naturalization. Also if for some reaosn a RFE is issued, any company will tell the truth and the beneficiary will be in trouble. So it is always better to file a new labor unless the beneficiary is intened to move back to original location during the adjucation process and stays at that location for 6+ months.

    I dont understand how you got away with this one after changing the location. With your example, the locational requirement of LPR does not make sense at all. Anybody can file LPR anywhere and move anywhere as long as 485 takes more than 180 days. One can deliberately file 485 with improper documentst to delay the approval and getaway. Double check with your attorney on this one and playing safe is not bad idea at all with the current USCIS mess and immigration laws.

    AGAIN, I THINK WHEN YOU FILE YOUR 485 you have to be working in the location as stated in your LPR AS PER THE LAW, eventhough USCIS will not be able to find it. Before PERM, there was a column to state the beneficiary will work anywhere in US. But this not available anymore with PERM. The bottom line is the strongest part of LPR, "THE LOCATION", does not make sense at all.

    By making you file for new labor, your attorney has played it too safe. In your case, filing a new labor was not neccesary. Please read below and check with an immigration lawyer for advice. I AM NOT A LAWYER but this advice is based on 2 different lawyers I have talked to regarding my own case where I moved from Phoenix, to Reno after my labor was filed.

    Here is the deal when changing the location while GC is pending:

    1. You can change location during your pending GC. But your job description must not change. Also, you have to move back to the location where your GC was filed, ONLY IF your 485 is processed and approved in less than 180 days from filing (I dont think USCIS will ever be that efficient and process 485 petitions in less than 180 days). That's because your option of AC21 of changing employers and locations (within the same job description, you cant work at a gas station or McDonalds) kicks in after 180 days of filing 485. If your 485 is approved in less than 180 days, then yes, you have to go back to the original location where your Greencard was filed because you dont have the AC21 options of switching employers and locations during your 485 stage ... which is available ONLY AFTER 180 days have passed in the processing of your 485 file.

    So as long as your 485 takes longer than 180 days, you can continue to work at your new location even though you GC and labor was filed at a previous location.

    2. After 180 days of filing 485, you can change employers using your EAD and change locations. No limit. But it has to be the same job description. You cannot start working as a manager if your Greencard was filed for the position of a programmer.




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  • pappu
    11-10 10:57 PM
    USCIS Ombudsmun Report - Total I140 approved:

    Approved
    2000:89,583
    2001: 99,659
    2002: 93,533
    2003:62,281
    2004:67,552
    2005:94,211
    2006:104,168
    Oct 2006 to April 2007: 65,098
    found this on another site

    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls

    dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls




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  • Appu
    04-17 06:13 PM
    This is no big deal. This has nothing to do with H1B's - its about CIR and minimum wage. Remember that Sen Kennedy is 100% behind the SJC and the Hagel-Martinez bills. Here's the email with additional details - I didn't post this before because it is somewhat partisan and attacks republicans.

    Dear [Appu],

    As you may have seen and heard in news reports, Senator Kennedy has been at the forefront of immigration reform. He's built a bipartisan coalition around a tough but fair approach to repairing our broken immigration system.

    On Monday hundreds of thousands of people in cities across the country joined together in a "National Day of Action for Immigrant Justice." In our nation's capital, more than 200,000 people gathered on the Mall. It was an amazing event, and the crowd went wild when Senator Kennedy took the stage and said "It is time for Americans to lift their voices now -- in pride for our immigrant past and in pride for our immigrant future. Are you with me?"

    Judging by the roar of the crowd, they are indeed with Senator Kennedy. Now you have a chance to show your support for this important measure -- and join the fight for justice for all working Americans:

    http://www.tedkennedy.com/fightforfairness

    The facts are clear: 63% of Americans believe that immigrants who have lived in the country for a certain period of time should be able to go through the process of obtaining citizenship. But the out-of-touch Republican Congress wants instead to turn these would-be citizens into criminals. And any American who assists them in any way, even priests, would become criminals too.

    Republican leaders claim tough enforcement is all that's needed. That's preposterous. Senator Kennedy supports strong enforcement, too, but fairness is equally important.

    Republicans claim they value hard work. Where have they been during Senator Kennedy's efforts to raise the minimum wage for millions of hard-working Americans? What have they done to ensure every American worker has access to good health care? How have they protected Social Security for retired American workers?

    Enough is enough. Will you join us and fight to ensure that our country values hard work? Please answer with your signature:

    http://www.tedkennedy.com/fightforfairness

    This year, more than 45,000 of you endorsed Senate Resolution 350, rejecting President Bush's assertion that he was authorized to spy on Americans without a warrant. You also stood with Senator Kennedy to fight for stem cell research that holds such great promise for millions suffering from debilitating diseases.

    We can't keep ignoring the worsening hardship for our nation's hardest working men and women. I hope you'll tell Senator Kennedy loud and clear you stand with him in this ongoing battle for all working families:

    http://www.tedkennedy.com/fightforfairness

    Yours for a stronger and fairer America,

    Marty Walsh
    Campaign Manager
    Kennedy for Senate

    P.S. The full text of Senator Kennedy's speech at the immigration rally is on our website -- I hope you enjoy it:

    http://www.tedkennedy.com/Apr10RallySpeech




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  • arsh007
    01-31 08:52 AM
    I agree. UnitedNations has been tirelessly providing inputs to a lot of GC cases especially the 3 year degree issues on http://www.immigration.com. His vast knowledge in these areas can surely serve as a valuable knowledge base for potential and current GC applicants. I have been following his posts on http://www.immigratio.com for around 2 years now and his inputs has benefited me in take proactive measures for my employment based GC appliction. Hope we can continue giving his valuable advice on this forum too.



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  • radhagd
    03-26 11:18 AM
    Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.

    What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.

    Dunno ... with USCIS and their rules ...

    I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.

    M.

    You should have 5 years experience after your Bachelor degree. Experience before degree will not be counted towards progressive experience. It happened in my case in Eb2 I140




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  • immi_seeker
    09-13 01:22 PM
    What is this fight all about ??? eb3-->eb2 ... or spillover??? changing any/both of them will not solve underlying problem.. Grow up people

    why not go for real problem??? if you want to ask congress/administration, ask for some real solutions which will help everyone. To name a few...
    1. Capture lost Visa numbers
    2. Get rid of country quota.. how does this country based quota makes sense in EB Category??


    Totally agree with this. Eventhough i dont agree with i_got_skillz language, what he has been trying to say is the same thing. This spill over stuff will only help EB3 ROW as they have huge backlog. This EB3I talk abt spill over stuff will not only help them but will also bring EB2I in to the same boat(infact Eb2I is also in bad shape with or without spill over).



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  • tabletpc
    11-29 03:07 PM
    Hi GCFISH,

    Thanks for spedy response...

    jsut a quick question..

    I will be sending a check in US currency...so should i just find the today's converstion rate and send them the check..???

    I just want to amke sure they don't send back my aplciation for wrong fee. later...

    Thanks in advance..




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  • txh1b
    08-18 11:31 AM
    What was the RFE about? You should not begin work for new employer as you do not qualify for H1b portability. Any employment prior to that has the risk of being considered unauthorized.



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  • rcr_bulk
    07-23 11:22 AM
    as folks mentioned above it is totally ok to not renew AP...do it if u travellin in the next few months...

    on a side note...do people here know the average time it is takin to renew AP nowdays....TSC......paper and/or electronic..?

    I had put in EAD renewal at TSC and got the approved EAD in hand within a month ...that was really good speed...anyone has info on AP approval timelines???

    My AP got approved in about a month. I applied some time between 7-10 of last month and I got it on 10th of this month.




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  • Sunx_2004
    08-01 11:17 AM
    Her H1 is valid from Oct. onward, You can still file her status as H4. Apply for EAD and AP also. Hope this help.
    Cheers
    My wife's current H4 is valid till Nov. She got her H1 also approved from Oct'2007. She checked the status this morning only on USCIS.

    I'm applying for I-485 and adding her as spouse. Should I file for her advance parole and put her status as H4 in it? What happens to to her H1 approval, if advanced parole gets approved also. Will she loose her H1 status?

    any ideas??



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  • paskal
    12-27 12:08 AM
    Thank you all for participating in the call
    the attendance was around 20 members
    Thanks to our friends from MA/GA for joining the midwesterners
    and thanks much to Ashish from the core group for his assistance and for briefing us.

    We are set for a follow up call at 10pm CST tomorrow 12/27, call details are the same, those who could not make it today are welcome to join in as well.

    Reminder:
    Please send your contact details to me so we can create an effective group communication method.




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  • texcan
    01-17 09:13 AM
    There is no difference in filing taxes when you were on OPT vs H1B (by this I mean there are no different forms). When you were on OPT, Social Security and Medicare should not have been with held from your paycheck. If it was, then you need to ask for refund of those taxes from the employer who with held that tax. As far as Cincinnati and Chicago are concerned, nothing special to do for Federal Income tax. However, for state income tax, you will have to file income tax for both Ohio and Illinois as part year resident.

    Having said the above, it is your choice to go to a tax consultant or do it on your own or to use Turbo Tax. If you want 100% peace of mind, go to a good accountant. If you want to save money and you think you can handle things on your own, go through all the instructions on all the forms and file it on your own. If you want a little bit of both - you can use Turbo Tax or any other tax software to file your taxes. If you are single, don't own a home and you think yours is a straight forward case (no deductions for work related expenses, medical bills, etc) - you should pretty much be able to do it on your own.


    very well said about taxes for OPT/H1.

    you should check on state taxes for chicago and cinci....
    I have used HR block, and their services are pretty good.

    Last year a friend of mine user HR block, he was in situation where he worked in a different state (OPT/H1) for few moths and then he moved to another state. Long story short, he got a letter from state he was living in earlier regarding state tax discrepency.
    Surpringly H&R block came thru and did not charge for extra services, rather H&R paid $60 in late fee charges, citing reason that it was their mistake in the first place.

    HTH



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  • sundarpn
    08-03 06:45 PM
    Is the below in bold which mambarg has mentioned true?

    I thought once an I-140 is approved, one carries that priority date for life.... (even if the 140 is revoked). At any point if he files another 140, the priority date can be ported.

    its news to me that 485+180 day rule applied to mere porting of priority date too?



    Question 11. When is an I-140 no longer valid for porting purposes?

    Answer: An I-140 is no longer valid for porting purposes when:

    A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or

    B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.




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  • chanduv23
    06-06 11:34 PM
    Hi
    I am trying to do a H1B transfer from my current employer.I am searching for a good employer(consulting firm) in Atlanta,GA area..

    Can anyone advise me on a good employer.I heard that Pyramid Consulting is one big vendor in atlanta..Any inputs about Pyramid is greatly appreciated..Or any other good vendors in atlanta area?

    Thanks
    kp

    If you are using AC21, why falling into this consulting trap again? Unless they find you a project, why go behind them? Doing a h1b transfer through a consulting company may look like a safety net but it obviously has its own set of problems. AC21 works just fine and one need not worry too much about it. A lot of people using AC21 and want to work on contract jobs actually contract out through their own corp.



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  • snathan
    04-19 12:15 PM
    Hi Folks,

    My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
    I would appreciate any pointers or suggestions here.


    If she has a very good credit score, try for 0% balance transfer. But there is 3% transfer fee involved. You normally get 6-12 months time. But in this credit crunch no one is giving. But still there are some cards/banks are giving. It also based on how much she owes... I recently got offer for 1.99% for 8 months.




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  • chris
    02-08 11:05 PM
    Did you contacted congressman or opened any SR's ?

    I'm also in the same boat. Cases after me are getting approved.:)



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  • anurag
    02-12 02:13 PM
    Jonty,

    But the question is how do we change it when I-485 has already been applied. Is there a form for it? Or just a letter with what details attached?

    Regards,
    Anurag




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  • kami97
    06-11 03:25 PM
    Thanks so much for the info. Really appreciate it. I think I will then wait and see if they send a RFE. Best wishes to all!




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  • 9411b
    03-06 12:56 PM
    You are not alone.

    We have the same problem.

    EAD applied in July 07, EAD card received in Oct 07 and the card was made expired 01/01/07 by WAC.

    Called USCIS hotline, tried new applications with WAC, TSC and Info pass, still waiting if WAC is going to correct its own mess.

    Big headache.

    Good luck everyone.

    J

    PS. concurrently filing with NSC then moved to WAC then to TSC. Now pending!!!!:(:(




    justsomeguy
    07-12 06:29 PM
    fellow legal immigrations - this is my first posting on immigrationvoice.
    i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!

    now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:

    clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
    peace!




    kartikiran
    11-09 05:21 PM
    Done.

    I would have liked another field which asks how much money has been moved away from USA due to uncertainty with the wait for green card.

    Personally, I wish I had parked my savings money in USA, but due to green card limbo I ended up moving all that money outside to another country to invest.

    Only reason, I am not sure where my life would end without knowing an answer to my green card application.

    I think this is a key point which is missing in the survey.



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