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  • gcformeornot
    05-10 09:22 PM
    Job Title has to be same. Detail description does not matter. So if you are say "Computer System Analyst", new job should have same title. Duties do not matter. Higher salary is OK. No problems there. I-140 if revoked by previous company does not harm.

    Good Luck. I am also using AC21.




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  • ganam
    10-03 10:07 PM
    Thank you.




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  • desigun
    09-10 12:58 PM
    I have a full time offer from a county school (non - profit), that is related to an institution of higher education. (submitted an agreement between the school and the univ)

    got an RFE, asking for 'substantiating documentary evidence that the beneficiary is enrolled in the program with the univ' ; This exemption cannot be claimed for other employees of the nonprofit in or through this jointly managed program.

    Is it necessary that the beneficiary should be enrolled in agreement or a mere relationship is not sufficient???

    Any suggestions....

    Thanks




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  • sandy_anand
    11-06 04:38 PM
    I did not want to start a new thread for this. But I had earlier last month contacted many senators with the official I-485 pending inventory as proof and asking them whether it was humane, ethical and moral to ask someone wait more than 15 years for a green card! And what they are doing to remedy the situation.

    This is the reply I received today from Sen. Frank Lautenberg. May be this is very standard format, I am not sure but it does mention specific bill and recapture provision.

    In Response to Your Message‏
    From: Senator Frank R. Lautenberg (senator@lautenberg.senate.gov)
    Sent: Fri 11/06/09 1:00 PM
    To:
    1 attachment
    0A953776.gif (2.8 KB)

    Dear Mr. Mundada:

    Thank you for contacting me about employment-based immigrant visas. I appreciate hearing from you on this issue.

    Under current immigration law, employment-based immigration is limited to 140,000 visas, or green cards, per year. The process for obtaining employment-based visas can take years to complete, causing many of these visas to go unused. There is also an annual per-country limit that caps at seven percent the number of employment-based immigrants that can come from any one country. In some instances, this per-country cap causes employers to consider country of origin, not talent, when hiring foreign workers.

    A bill has been introduced in the Senate that would address some of these delays and caps. The �Reuniting American Families Act� (S. 1085) would recapture unused employment-based visas from prior years. This bill would allow the Department of Homeland Security to issue any unused visas from Fiscal Years 1992-2007 and in the future roll over any unused visas from one year to the next. It would also increase the per-country cap for employment-based visas to ten percent of the annual total.

    This bill is currently pending before the Senate Judiciary Committee, of which I am not a member. Please be assured that I will keep your views in mind should this or other relevant legislation come before the full Senate. Thank you again for contacting me.


    Sincerely,


    FRL: mts

    Thanks for posting this information! Gave you green!:D



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  • franklin
    07-13 11:17 AM
    Thanks for the suggestions

    We do request that people dress smartly, however tomorrow's forecast is in the 80s with about 50% humidity, and we have a 3 hour march.

    We hope that people come dressed for comfort too :)




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  • mpadapa
    10-09 12:56 PM
    Please provide additional details regarding U'r labor like EB1/2/3

    GC approval process is a long process, U just started U'rs. I don't understand whatz the panic..

    Pleaseprovide appropriate titles when U create a thread...

    I came to the USA on 3rd November, 2006 in company A. I did not work a single day in company A. I joined to company B on 17th January, 2007. I have no idea how my employer filed my H1B in company B without any paystub. I joined to company C on 24th July as they started my GC process right away. My H1B with company B and C are still pending. Company C has filed my labor on 31st August and got approval on 11th September. I am planning to file I-140, I-485, I-765 and I-131 together. So my questions are:

    1) Is there any possibility to get denied/RFE for my GC as my last two H1B are still pending ?

    2) What are the risks to be considered if I go back to my country and come back on AP as I don't have a visa stamp on my passport ? I am from a non-retrogressed country.

    3) I heard that it takes too much time to bring spouse here if I marry after GC approval. I am planning to go back and marry and come back but don't want to bring my future wife on H4. Will it help me later to avoid unnecessesary waiting time to bring her here once my GC is approved ?


    I shall be thankful to you to get my answer.



    Thanks & regards,
    SU1979



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  • gee_see
    10-18 10:57 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




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  • diptam
    07-17 12:09 AM
    I mean i filed without both of those. Theyare required in the 140 phase , not in 485.

    But keep them handy - in case they wants mail by next day air
    Hi,
    My attorney is requesting that I need to submit Tax return for filing AOS.
    I had sent W2 forms
    Is tax return separate from W2 , I am confused..:confused:

    Pls help



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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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  • Appu
    04-02 12:40 AM
    You guys probably verified this already but -

    if you read (the intended) Sec 218D (amendment to the INA) and Sec 602 of S.2454, they do not exclude legal aliens.

    All that is required under 218D is that a person must have been in the US on or before Jan 7, 2004 and have proof of employment.

    Why shouldn't a legal nonimmigrant visa holder apply for AOS under 218D?

    What am I missing here?



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  • nat23
    11-21 08:49 AM
    Email sent.....




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  • nhfirefighter13
    October 31st, 2005, 06:48 PM
    OTOH, maybe studio work isn't really for me...


    I used to think the same thing until I realized what a great learning tool it can be. If you can learn to light a multitude of subjects with various lighting techniques you learn much more than just "studio photography". You learn ratios, composition, DOF, exposure, etc etc and the more you learn the better your other subjects will be because of it.

    ...and yes, I went right for the hurricanes. :D



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  • desidas
    01-22 10:55 AM
    <bump>




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  • obviously
    08-27 05:57 PM
    Folks, the key is here to articulate the interests and educate lawmakers on why amelioration and terminal relief is required. Walking out of workplaces does not reflect the value that legal immigrants bring to the economy. What's needed is a pithy powerful message on why it is important to support those who are in the legal line for immigrating to the USA> We dont seek it as an entitlement, nor do we seek social promotion. Our goal is to get what is available per current policy. We must highlight the pain we face ...

    Talking about aalking out of work places might make one feel good and 'in control'. Reality is, you are only jeopardizing your job, career and goodwill. An illegal who is fired can 'melt away' and find another job. Are you willing to risk it all and leave the country? For one day of protest, in a form and manner that befits a 20th century mentality?

    If we have to make ourselves heard with RESPECT and RECOGNITION, our actions must merit these values. We cannot bleed by a hundred cuts and expect to find what we need.

    Let us get non emotional about this, collect DATA and present it OBJECTIVELY through repeated messaging. Positioning, timing and delivery is key.

    Walking out of work on Oct 24 is NOT the answer, IMHO.

    Obviously,



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  • gxr
    10-02 09:44 AM
    Mine is EB3 with a RD of Oct 6.
    LUD was on Oct 26, 2006. No news after that. No RFEs as well.




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  • pappu
    08-20 05:08 PM
    Thank you everyone for taking appointments. We are getting good feedback from the recent visits. Please continue this effort.



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  • aph0025
    11-12 10:36 AM
    Thanks a ton, edaltsis. Do you happen to know any good lawyer in and around Dallas? Or anywhere for that mater, who can handle this issue with ease? I did speak to a couple of them here, but I did not get a good feeling about my case from them.




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  • kondur_007
    06-08 02:09 PM
    What if someone returned the initial I94 but not the latest one because we attched the wrong I94 portion, will we need to send the new I94 after extension back to USCIS as well?

    In my opinion, you do not really have to. here are a few points (to the best of my knowledge):

    1. Surrendering I 94 establishes the day/date when you left US.

    2. If you have more than one I 94 (from the same entry), the "white one" will be attached to your passport and others (that came with extension or change of status) will be attached to your approval notices. THEY ALL ARE SUPPOSED TO HAVE SAME NUMBER. So, technically you have to surrender them all when you leave the country, but if you surrender any one of them, it still establishes the same thing and you do not need to do anything about the rest.

    3. If you forgot to return I 94 altogether, keep a record of your leaving US on specific date (copy of boarding passes, passport stamp of entry in another country etc) and you can use that as an evidence of leaving in time (if asked about it in future). OR you can return your I 94 at a laterdate with these copies attached to USCIS.

    I have not heard of anyone getting in trouble because of not returning I 94 (please correct me on this if any of you have heard of it) - as long as they did not overstay.




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  • coolmanasip
    03-22 10:54 AM
    It should be safe to travel for both of you.....

    I am exactly in the same situation.....EB2, I40 approved, PD June 2006, and filed 485 in the july 2007 mess... I changed my job immediately after 6 months passed in March 2008....I have not informed USCIS about job change (AC21)......and my port of entry was Washington DC (IAD) airport......

    I have travellled twice using the AP, once in April 2008 and once in December 2009.....went through typical two step exit process from immigration......first time, I was asked who do I work for ---- I told the name of the new company and said I used to work for XX compnay (filing company).....no follow up questions or documents were asked for.....second time no questions at all.....

    Both times, I got a feel from what they were checking is that all they check is whether your I-485 is pending or not in their system......

    hope this helps...

    Thanks....




    willgetgc2005
    02-14 05:19 PM
    Berkeleybee


    On a similar note, please see what the President had to say yesterday. These are softer issues, but will help us.

    Pls see the link.



    http://in.rediff.com/money/2006/feb/14nri.htm



    NRI picks top US tech award for Motorola

    Aziz Haniffa in Washington, DC | February 14, 2006


    Padmasree Warrior, executive vice president and chief technology officer, Motorola, and the driving force behind the company's recent growth and innovative successes, accepted the 2004 National Medal of Technology Award from President George W Bush on behalf of her company at a ceremony in the East Room of the White House on February 13.

    Warrior is also responsible for the success of Motorola Labs, the global software group and emerging early-stage businesses of the company. Her operational responsibilities include leading a global team of 4,600 technologists, prioritising technology programmes, creating value from intellectual property, guiding creative research from innovation through early-stage commercialisation, and influencing standards and roadmaps.

    She also serves as a technology advisor to the office of the chairman and to the board's technology and design steering committee.

    The prestigious National Medal of Technology annual award recognised Motorola for its outstanding contributions to America's technological innovation and competitiveness.

    Established in 1980 by an Act of US Congress, this is the highest honour awarded by the President to America's leading innovators.

    Ed Zander, Motorola chairman and chief executive officer, said, "All of us at Motorola are honoured to receive the National Medal of Technology from the President."

    "This award belongs not only to the talented employees of today but to the several generations of Motorolans who built our heritage of innovation. Given this heritage, we strongly support the President's plan to keep America the world's most competitive and innovative nation," he added.

    Warrior has been with Motorla since 1994 and is an alumnus of the Indian Institute of Technology, Delhi (from where she received her bachelor of science degree in chemical engineering). She then obtained her master of science degree in chemical engineering from Cornell University.

    "We applaud the Administration for proposing increased investments in R&D, in particular for the National Institute of Standards & Technology (NIST) at Commerce and the National Science Foundation," said Warrior.

    "From convergence to mobile Internet to nanotechnology, we must educate, excite and inspire our nation's children about science, technology, engineering and mathematics," she said.

    In an interview with rediff.com, immediately after accepting the award, Warrior said, "It's a great honour, I feel really humbled, and I feel very happy for all of our engineers worldwide, because the award is really theirs."

    She said being in the company of several other leading scientists and technologists who were also awarded the National Medical of Science and the National Medal of Technology Award, "who made these great breakthroughs in the fields of science and technology was very inspiring to me to be amongst of the company of these people."

    Warrior said while giving her the medal at the awards ceremony and also preceding the ceremony "he (President Bush) talked quite a lot to me and asked me if I was from India and I said, 'Yes, I came to the US on a student visa to go to graduate school and then stayed here.' And he said 'we need more people like you. We need more talented people from around the world to come and contribute and help our economy grow and build our innovative strengths to be competitive.'"

    She said Bush had also told her that he was looking forward to his visit to India. "He said, 'I am going to India in a couple of weeks and I'll be meeting once again with my good friend, Prime Minister Manmohan Singh.'"Bush in his remarks before presenting the National Medals of Science and Technology, declared, "It is a honour to be in the company of so many bright and distinguished Americans. Each of our honorees has been blessed with talent, and each has used their talent to the fullest."

    "The work we honour today has improved the lives of people everywhere. It has helped to move our economy forward and it has helped to make sure that America is the leader of innovation in our world. The medals are our nation's way of expressing gratitude to gifted and visionary citizens."

    Bush said that these annual awards "are the highest award a President can bestow for astounding achievement in science and technology. They recognise work that has helped expand the horizons of human knowledge. The National Medal of Science honors those whose research has enhanced our understanding of life and the world around us. And the National Medal of Technology recognises innovators whose work keeps America on the cutting edge with discoveries that change the way we live."




    logiclife
    01-25 04:56 PM
    TOI makes it sound as if Bush is dispatching Air Force 1 to India for a planeload of skilled desis and will issue them US passports at the port of entry.

    :D :D :D

    That's hilarious.

    But fun aside, you're right. Times of India makes it sound as if H1Bs pretty much run everything and create everything and that H1Bs are like rockstars or something.

    One reason I never read Times of India is that they somehow have figured out to beat pop-up blockers and my screen fills up with pop ups for airlines agents and phone cards and its really irritating.

    Secondly, their content is becoming like a tabloid's content would be.



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