Saturday, June 11, 2011

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  • chanduv23
    12-15 11:40 AM
    My company is surplussing me among other employees to be laid off around Apr 2009.
    My case is as follows:
    Case EB3 India
    PD Mar 2004
    Labor and I-140 approved
    I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current

    Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.

    I am not sure which avenue is the best for me, I would appreciate your input.
    Thanks,

    As you did not apply for 485 for your wife, she has to be on h4. You have enough time to get a job and file for h1b transfer and use ac21. Start looking for jobs and make your move once you get the job.




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  • pani_6
    12-07 10:50 PM
    Please post the name,PH#,state of the senator..for making it easy for others to call please.....

    Row the boat we are almost there




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  • kaizersoze
    03-21 12:32 PM
    just noticed up the thread that there was a conf call held already. pankaj,
    could you pls share the details.




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  • bluez25
    07-15 01:41 PM
    Clicked on Immigration visa's and then appointments and you can find all months schedule there.... where I found for August too..



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  • number30
    03-29 06:02 PM
    You dont have anything to worry about. If you dont get the ITIN, just amend your tax return with new ITIN application later.

    Yes That is the way. You have three years to ammend your tax return. It is simple and common




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  • nixstor
    12-01 04:09 PM
    Thanks for your input guys. can the job description be changed now for an labor petition that has been filed before? My lawyer made me fill a questionnare and lot of other things about what I do. She picked up main lines from my resume and filled it up on my job description.



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  • huh
    12-08 03:35 PM
    Is the 15 months counted from the filing date or the audit reply date?

    Mine was filed on Oct. 07' and still stuck in audit. It disgusts me just by thinking about this...

    Thanks!




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  • Rb_newsletter
    07-13 05:31 PM
    I am in similar situation but in GC process. My ex-colleagues are afraid to write experience letter for me.

    Some colleagues who are still working in the same company doesn't want the company to know about the letter. They are afraid that company would take action if USCIS contacts the company to verify the letter.

    Some colleagues who are out of the company are concerned about USCIS process. Basically they don't want to involve in any queries/RFEs from USCIS.



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  • FKFish
    01-31 11:44 AM
    What if my 485 gets approved as soon as my PD becomes current, and before my wife's 485 filed? Will it be fine as along as our married date is before the approval date?




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  • BharatPremi
    10-19 01:40 PM
    LC Salary:- $85,000
    LC Location:- New York

    New Job Salary:- $74,000

    New job Title and Job duties are same.

    Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.

    As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.

    I've consulted few immigration laywer and the opinion differs.

    Experts.... Please help

    My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.

    Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
    your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
    overall job market if DOL has made prevailing wage say for an example "$74K" for the
    same job code now then what? In this case should your AC21 be denied or accepted? If
    some expert can guide us, we would highly appreciate for this scenario.

    Notes:

    1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
    to current wage and 20k bonus if I can.
    2) Geographic location should not matter while changing the employer.



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  • yganreddy
    08-06 10:58 PM
    I read this in other forum and thought of sharing it

    ----------
    When I got home that night as my wife served dinner, I held her hand and said, I've got something to tell you. She sat down and ate quietly. Again I observed the hurt in her eyes.

    Suddenly I didn't know how to open my mouth. But I had to let her know what I was thinking. I want a divorce. I raised the topic calmly. She didn't seem to be annoyed by my words, instead she asked me softly, why? I avoided her question. This made her angry. She threw away the chopsticks and shouted at me, you are not a man!

    That night, we didn't talk to each other. She was weeping. I knew she wanted to find out what had happened to our marriage. But I could hardly give her a satisfactory answer; I had lost my heart to a lovely girl called Dew. I didn't love her anymore. I just pitied her!

    With a deep sense of guilt, I drafted a divorce agreement which stated that she could own our house, 30% shares of my company and the car. She glanced at it and then tore it into pieces. The woman who had spent ten years of her life with me had become a stranger. I felt sorry for her wasted time, resources and energy but I could not take back what I had said for I loved Dew so dearly.

    Finally she cried loudly in front of me, which was what I had expected to see. To me her cry was actually a kind of release. The idea of divorce which had obsessed me for several weeks seemed to be firmer and clearer now.

    The next day, I came back home very late and found her writing something at the table. I didn't have supper but went straight to sleep and fell asleep very fast because I was tired after an eventful day with Dew. When I woke up, she was still there at the table writing. I just did not care so I turned over and was asleep again.

    In the morning she presented her divorce conditions: she didn't want anything from me, but needed a month's notice before the divorce. She requested that in that one month we both struggle to live as normal a life as possible. Her reasons were simple: our son had his exams in a months time and she didn't want to disrupt him with our broken marriage.

    This was agreeable to me. But she had something more, she asked me to recall how I had carried her into out bridal room on our wedding day.. She requested that everyday for the month's duration I carry her out of our bedroom to the front door ever morning. I thought she was going crazy.

    Just to make our last days together bearable I accepted her odd request.

    I told Dew about my wife s divorce conditions. She laughed loudly and thought it was absurd. No matter what tricks she applies, she has to face the divorce, she said scornfully. My wife and I hadn't had any body contact since my divorce intention was explicitly expressed. So when I carried her out on the first day, we both appeared clumsy. Our son clapped behind us, daddy is holding mummy in his arms. His words brought me a sense of pain. From the bedroom to the sitting room, then to the door, I walked over ten meters with her in my arms. She closed her eyes and said softly; don't tell our son about the divorce. I nodded, feeling somewhat upset..

    I put her down outside the door. She went to wait for the bus to work. I drove alone to the office.

    On the second day, both of us acted much more easily. She leaned on my chest.. I could smell the fragrance of her blouse. I realized that I hadn't looked at this woman carefully for a long time. I realized she was not young any more. There were fine wrinkles on her face, her hair was graying! Our marriage had taken its toll on her. For a minute I wondered what I had done to her.

    On the fourth day, when I lifted her up, I felt a sense of intimacy returning. This was the woman who had given ten years of her life to me. On the fifth and sixth day, I realized that our sense of intimacy was growing again. I didn't tell Dew about this. It became easier to carry her as the month slipped by. Perhaps the everyday workout made me stronger.

    She was choosing what to wear one morning. She tried on quite a few dresses but could not find a suitable one. Then she sighed, all my dresses have grown bigger. I suddenly realized that she had grown so thin, that was the reason why I could carry her more easily. Suddenly it hit me; she had buried so much pain and bitterness in her heart.

    Subconsciously I reached out and touched her head. Our son came in at the moment and said, Dad, it's time to carry mum out. To him, seeing his father carrying his mother out had become an essential part of his life. My wife gestured to our son to come closer and hugged him tightly. I turned my face away because I was afraid I might change my mind at this last minute. I then held her in my arms, walking from the bedroom, through the sitting room, to the hallway. Her hand surrounded my neck softly and naturally. I held her body tightly; it was just like our wedding day.

    But her much lighter weight made me sad. On the last day, when I held her in my arms I could hardly move a step. Our son had gone to school. I held her tightly and said, I hadn't noticed that our life lacked intimacy. I drove to office... jumped out of the car swiftly without locking the door. I was afraid any delay would make me change my mind... I walked upstairs. Dew opened the door and I said to her, Sorry, Dew, I do not want the divorce anymore.

    She looked at me, astonished. Then touched my forehead. Do you have a fever? She said. I moved her hand off my head. Sorry, Dew, I said, I won't divorce. My marriage life was boring probably because she and I didn't value the details of our lives, not because we didn't love each other any more.. Now I realize that since I carried her into my home on our wedding day I am supposed to hold her until death does us apart.

    Dew seemed to suddenly wake up. She gave me a loud slap and then slammed the door and burst into tears. I walked downstairs and drove away. At the floral shop on the way, I ordered a bouquet of flowers for my wife. The salesgirl asked me what to write on the card. I smiled and wrote:
    'I'll carry you out every morning until death do us apart'

    The small details of our lives are what really matter in a relationship. It is not the mansion, the car, the property, the bank balance that matters. These create an environment conducive for happiness but cannot give happiness in themselves. So find time to be your spouse's friend and do those little things for each other that build intimacy. Do have a real happy marriage!

    If you don't share this, nothing will happen to you, but if you do, you just might save a marriage.

    Relationships are made not to exploit, not to be broken.
    We teach some by what we say
    We teach some more by what we do
    But we teach most by what we are

    ----------------

    You don't get to choose how you are going to die, or when, but, you can decide how you are going to live, here and now.hi,
    I came to US 5 years back in H4. My husband processed GC and 140 is cleared and 485 pending. I got my EAD and now working. My husband and I have problems and he is threatening to ruin my life.
    Can I know a few things
    1. Can he take me out of the GC ?
    2. Can he revoke my EAD ?
    3. Can my employee extend my EAD which is expiring in 2010 and continue my GC.
    please help...




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  • dixie
    10-13 07:36 PM
    You are right .. the US has a big headstart; but that doesnt mean it will remain that way forever. For instance, close to 40% of all US patents are being bagged by either non-US entities or foreign outposts of US organizations. For a comparison, it was just 10% in 1995 .. dont remember where I read this, but I will post the link if I can find it again.

    The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US



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  • cdeneo
    04-02 10:41 PM
    I have a somewhat tangent but related question that I could not find a definite answer to while searching thru the various threads here -

    What is the best way to change representation of one's case from the company lawyer to Self when you are changing jobs? Someone mentioned on one of the threads that one needs to file another G-28 form but I believe that is the case only if you are changing to a different attorney - please advise.

    Also, does anyone have any experience with how long it takes for this change to take effect once communicated to USCIS?

    Any insight into how to tackle this would be very helpful. Thanks!




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  • dollar500
    04-10 06:23 PM
    Moonlighting will be acceptable easily as long as it's on the code internist. Problem is some fellowships are so demanding that you wont be able to moonlight as an internist. If you can figure this out smoothly and yr employer agrees nothing is better. Good thought.


    HI I am a physician (hospitalist) whose labor was under the catagory 'Internist' job code. The fellowship I am considering is open only to internist. I am also planning to moonlight as an internist while in fellowship. Would it be acceptable from the I485 point of view? Incidentally my I140 was approved more the 180 days ago.



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  • abhijitp
    01-27 11:47 AM
    ^^




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  • freakin_gc
    01-31 05:00 PM
    Thanks for your time guys...just curious hopefully SB can help me...how do I find out my I-140 subcategory(skilled category or Professional).In my I-140 receipt notice under section it mentioned as Skilled worker or Professional, sec.203(b)(3)A(i) or (ii)



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  • raj2007
    02-18 10:32 PM
    Unfortunately, we won't be able to do anything in your wife's matter. The people you are referring to as the ones whose cases got accepted are the ones with bounced checks. There is a difference between the manner in which USCIS treats cases with bounced checks and cases where checks are missing, are in an incorrect amount, there is a mismatch between words and figures in the check, check is not dated, check is not signed, etc.

    In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.

    In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.

    For this reason, I advised you to wait until the PD for your category become current again.


    I see no harm to take infopass and explain your situation in person.




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  • ajcates
    11-24 11:28 AM
    I want the kawoosh one to win mainly because of the cool name.




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  • kris04
    07-06 07:44 PM
    Why would you need an EVL from your new employer or inform the USCIS of your job change, in this case? AC21 does not require you to "file AC21" (whatever that means), contrary to what has been advised in this forum many times. Please Google "Yates memo;" see, e.g., http://www.shusterman.com/pdf/ac21-51205.pdf. Here are my attorney's comments in this regard:

    "AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."

    I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"

    with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.

    Cheers

    Kris




    logiclife
    01-05 11:31 AM
    There may be members posting their thoughts and suggestions on multiple websites. Right now immigrationvoice.org is separate org and has a different approach to others that I know. This org is going to raise funds and hire professional strategist who knows how to cross a minefield and get our priorites introduced in one or other vehicle of legislation.

    Everyone here on this org is:

    1. Affected by retrogression.
    2. Already tried individual efforts to educate/convince congress to eliminate employment based retrogression and raise GC quote for EB2, EB3.
    3. Realized after defeat of provisions in S 1932 in the house that we need professional help and need to spend money, time and efforts to get it done.

    While individual efforts are not bad, lobbying certainly makes a lot of difference when it comes to get our priorities stay in legislation during intense debate over immigration in general.

    Please keep you valuable contributions coming in terms of your time, forum replies and money. We have raised $5000 dollars in 2 days and our goal is $100,000 for professional lobbying help and we need to raise that much in next few weeks.

    Thanks,
    logiclife.




    skd
    01-11 12:57 PM
    I had gone through the layoff thing during 2001-2002 time. Maybe, I might be mistaken. But I feel that time it was even worse.

    2001 It seemed like once all dot-com related stuff clears out market will stablize, But this time this problem, Is not just Whole IT, but all industries , I heard except healthcare and education all sectors are shedding jobs. Not only that all countries have same issue , just not the countries who depend on IT related sectors for there economy.

    Worst part is No-End insight, So you don't how long you have to ride this out. No economist is ready to bet if the economic stimulas will really boost up to bring out of this reccession/ depression.

    I am under-estimating the problems I 2001-2002. And probably people who got affected directly by that know more about the pain, then who never went through that kind of problem.



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