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  • cr52401
    09-07 03:42 PM
    All,

    Background:

    EB-2 India
    Employment based petition
    PD: Feb 2003
    Labor approved (after a long wait at Backlog reduction Ctr)
    I-140 filed
    Waiting for PD to be current to be eligible to file I-485

    To avoid further delays and have the necessary paperwork on-hand ready to file I-485 petition when PD becomes current, I had the following questions for the folks on this forum who have filed I-485 or are knowledgeable about the paperwork requirements:

    1) Birth Certificate: I have my original birth certificate but it is not in English.
    a. I have a translated notarized version in English from India. Will this suffice?
    b. If not, can a birth certificate issued by the Indian Consulate General suffice?
    c. Also, is this birth certificate required for spouse too if her name is added to I-485 petition?

    2) Police clearance: I know that one has to go thru the FBI name check for US clearance and this is done by processing center after filing of I-485 petition.
    a. Do I need to have a police clearance from India?
    b. If so, can a Police clearance certificate from Indian Consulate General suffice?
    c. Also, is police clearance certificate required for spouse if her name is added to I-485 petition?

    3) Medical: I have the list of approved Doctor’s in my geographical area. However, I do not have my inoculation records. Hence, I believe the Doctor will administer the shots again.
    a. How long does the approved Dr. to finalize the tests and administer the shots? Is this a 1 day or week(s) process before the Dr. hands over the sealed medical forms back?
    b. How long is the medical test valid? (Is it valid for 1 month, 6 months etc)

    4) Additional documentation: Is there any other documentation, not stated above, that has a long lead time that I can start to accumulate now?


    Thanks in advance.

    Folks, any one can help? I have same question regarding to Police cert.





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  • Ramba
    01-11 07:23 PM
    Clearly Explaining

    I am working on Company A in H1B status my GC sponsored Company B for Future Employment and they applied 140 its Approved suddenly dates became current I applied AOS with 140 Approved in July afte that we got our EADS APs FPs all etc. my sponsored employer asked to join then I joined in Company B on EAD status

    what ever the payment terms which I discussed within a month he changed his words according to law he only pay salary but I am working on percentage basis I liitle bit fed up with those issues

    I stayed with them only one month and one more month

    when can I Use AC21 for safe side

    You must have have good faith intent of working for longterm with sponser. Also, sponser should have full faith intent of hiring you permanently. Now the question is how to measure that? The simple measurement is the time period you worked with sponser either in H1B or EAD or GC. If you worked only one month, your intension is false. If your sponser reports to USCIS, you worked only one month and left the job, and you had no intension to work permanently, USCIS can deny your 485.

    As per law, the employer should pay only the wage mentioned in your LC/140. Thats what the employer agrred to pay you as a salary.





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  • drsnh123
    06-19 11:55 PM
    I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
    thanks for your opinions
    Reply With Quote





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  • purgan
    12-17 12:44 PM
    For folks who have waited that long, they should not keep them tethered to the empoyer or occupation. They could perhaps do its administratively...for instance, anyone with a GC petition pending longer than 5 years should be eligible for adjucation on the basis of EXISTING paperwork.

    A lot of folks- illegal immigrants especially- are pushing for administrative relief in the Obama Admn and we - legal immigrants- deserve atleast equal treatment.



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  • sobers
    02-10 10:55 AM
    It is important because this article distinguishes "skilled" immigration versus "unskilled" immigration. This country needs more of the former as enounced several times by leaders of industry, academia and politics, but the latter issue is somewhat controversional because of its largely "illegal" nature in the U.S.

    Regardless, this goes to show policy makers here need to be 'smart' and enourage 'smart' people to contribute to this country, as the Europeans are starting to do now...


    EU's New Tack on Immigration

    Leaders Talk Up 'Brain Circulation' To Cure Shrinking Work Force
    By JOHN W. MILLER
    February 10, 2006; Page A8

    BRUSSELS -- Faced with a shrinking work force, Europe's leaders are looking for ways to attract talented foreigners, even as some countries on the Continent close their borders to other immigrants willing to work for lower wages.

    Plans touted by Justice and Home Affairs Commissioner Franco Frattini, the man charged with developing common immigration policies for the European Union, range from a new EU-wide "green card" that would allow skilled workers already in the 25-nation bloc to change countries without extra paperwork, to special temporary permits for seasonal workers.


    "The U.S. and Australia have stricter rules, but they get the right people to immigrate, and once they're in, they integrate them, and give them benefits, education and citizenship" much faster than in the EU, Mr. Frattini said in an interview. Europe's work force is expected to shrink by 20 million people between now and 2030, according to the European Commission, and businesses complain regularly about a shortage of highly skilled personnel, even as unemployment rates in many EU countries remain high.

    In Mr. Frattini's vision, a North African engineer could go to work in Europe, earn good money and return regularly to his hometown to start and maintain a business. Immigration policy in Europe is still up to individual countries. To sell the idea, Mr. Frattini uses the term "brain circulation" to counter accusations of a "brain drain" -- a phrase often used to criticize rich countries for sucking the talent and stalling the development of poor regions.

    The challenge for Mr. Frattini is that in the face of pressure from unions and politicians worried about losing jobs to lower-wage newcomers, most EU national governments are jittery about welcoming more immigrants. Only three of the 15 Western European EU nations, for example, have opened their labor markets to the bloc's eight new Eastern European states.

    While some countries are likely to resist opening their labor markets until forced to do in 2011, attitudes might be changing. Last weekend French Interior Minister Nicolas Sarkozy echoed many of Mr. Frattini's ideas and proposed special immigration permits for skilled workers.

    Plans to attract more immigrants are also a tough sell in developing countries that would lose their graduates and scientists. Mr. Frattini argues that successful migrants benefit their home economies when they work in Europe, because money they send home is an important part of many poor nations' gross domestic products.

    In concrete terms, Mr. Frattini says the EU would promote brain circulation by including non-EU citizens in job databases and funding language and job-training courses in immigrants' home countries. Mr. Frattini also wants to develop work visas that will allow immigrants to return to start businesses in their home countries, without losing the right to work in Europe.

    Some economists are skeptical. It is often difficult for immigrants to return home, and if economic conditions were good enough to merit investment, they probably wouldn't have left in the first place. "People left for a reason," says Jean-Pierre Garson, an economist at the Organization for Economic Cooperation and Development.

    The International Monetary Fund says immigrants dispatched $126 billion to their home countries in 2004 -- up from $72.3 billion in 2001 -- but there aren't any official figures on how much immigrants invest in businesses in their native countries.

    So, would brain circulation work? Some immigrants say they agree in theory that investing accomplishes more than cash remittances. Anecdotal evidence suggests investments that pay off require patience, hands-on involvement, start-up capital and participation by local residents.


    "Building is better," says Eric Chinje, a World Bank official living in Virginia who until recently had returned every two years to his hometown of Santa, Cameroon, with bags stuffed with dollars. "I'd take $5,000 and distribute among 100 to 200 people," he says. Three years ago, the 50-year-old Mr. Chinje set up a microcredit bank with the condition that villagers buy shares in the bank. Hundreds did, by getting money from relatives overseas, he says.

    The bank started in April 2004 with a capital base of $50,000. So far, it has lent money to a cooperative to fund a storage facility and a truck to carry fruits and vegetables to city markets.

    For an investment to really take off and make the kind of impact sought by Mr. Frattini, immigrant entrepreneurs say they need capital and connections.

    Kemal Sahin came to Germany in 1973 from a small mountain village in central Turkey. He started the company he now runs, Sahinler Group, one of Europe's biggest textile companies. Mr. Sahin employs 11,000 people, including 9,000 at plants in Turkey, where he started moving production in 1984 to take advantage of skilled, inexpensive labor. His knowledge of Turkish, local customs and regulations allowed him to set up an efficient operation, he says. "I was familiar with how things work in Turkey, and it was easier for me than for my German colleagues to invest there."

    --Andrea Thomas in Berlin contributed to this article.

    Write to John W. Miller at john.miller@dowjones.com1





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  • punjabi
    02-25 12:45 AM
    Hi,

    Another consulting company may very well hold your H1B, but you will have to be working through them. You cannot sit on bench and they "hold" your visa. I will suggest transferring your visa ASAP to another company.

    You can very well go to H4 and again go to H1B under new quota, but why take the risk? If you are not selected in lottery, you again have to wait until next year.

    Get your H1 transferred and find a job agressively.

    Good luck, my friend.






    Dear friends,
    I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.....



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  • spicy_guy
    10-21 06:42 PM
    I am not a Lawyer, just advising based on my knowledge / experience:

    You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.

    The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).

    The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).

    The new employer is not required to prove ability to pay.

    There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.

    You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.

    And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).

    Hopefully this is helpful!

    Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?





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  • javadeveloper
    11-24 02:03 PM
    my 485 got denied lastweek as my previous employer withdrawn approved 140. I changed employer after 1year of 485 pending. I am filing MTR..

    Sorry to hear that!Are you still maintaining your H1 status to continue working?As per my company if you have time left on your H1 (6 years - #of years of used H1B) you can use that to continue working.



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  • sam_hoosier
    05-18 01:18 PM
    Agree with the OP. This is an immigration forum. Random thoughts and observations that have nothing to do with immigration dont really belong here. There are many other discussion forums available where politics, sports etc can be discussed.





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  • delax
    07-19 05:44 PM
    Based on your receipt number, you have applied for adjustment of status on 80th working day of fiscal year 2002. Sorry to hear that you case still pending. You are concerned now and wokeup from sleep after 2 years, 10 months, 12 days. If you are (1) employment based, post your country of chargability, labor priority date and date your file I485 - some souls can take a educated guess. (2) family based I485, this forum is not for you - your only options is to call USCIS

    Thats informative. My receipt is SRC-07-264-XXXXX. The received date is July 2 and notice date is Sept 4. I dont think my application was received on the 264th working day. Even if you consider Sept 4 as the 264th day, that means that there are about 274 working days in a year (Fiscal -Sept 30 or otherwise). That seems too high!



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  • munnu77
    07-19 03:07 PM
    sorry..i didnt log in for a few days..
    he applied from texas from an american company EB3





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  • shahrooz
    08-26 10:45 PM
    Thanks for your replies. I'm 99% sure all documents should be OK since I reviewed them maybe 10 times before finally mailing them. About extension, the customer service rep told me it's technically not possible. I'm not sure what she meant by "technically" and she sounded more like an answering machine with a few pre-organized lines and sentences, and she wasn't very helpful. So funny, at one point I asked her :"Excuse me, is this a real person I'm talking to?" and she said :"Yes sir!" with a little tingle in her voice. :D

    I'm going to try customer service once again tomorrow & see what happens. Maybe I get lucky and talk to someone a bit less similar to a Humanoid!

    gc_chahiye: Thanks for the technical advice. I'll check with my attorney tomorrow. You said 30 odd days. That is more or less 60 days, and it's more than enough. Meanwhile, I'll prepare the work experience letter and hope for the best, although whatever has happened to me in this country, has been kinda ... well, the worst.



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  • h1techSlave
    04-16 10:18 AM
    Your employer could be a behemoth and has ironclad policies. But if you discuss your concerns with the HR/immigration dept., you would be surprised to find out how much accommodating they might be.

    I also work for a company which has very strict immigration policies. But we collectively discussed our issues with the management. And they are listening to our concerns and are changing their policies. As long as the changes are not affecting the company FINANCIALLY, many companies would bend even their ironclad policies.

    Well, doing it on my own isn't a problem. It's just that my employer is a behemoth and has ironclad policies.

    Having said that, filing fees for EAD extension are $340 and for AP $305 per applicant, right?

    Now I'll try my best to get EAD/AP extended either by me or the employer but if that doesn't happen (say my employer says it's our policy for you not to do it on your own), will a gap in EAD/AP create problems?

    Thanks.

    Maverick_2008





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  • HumHongeKamiyab
    12-17 08:28 AM
    Appreciate your response. Thank you so much.

    There is on Ajay chaudhury in houstan.



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  • surabhi
    08-11 11:21 AM
    So you are good to go. This means, when the company applied for your H1, they also applied for your wife's extension using form I-539.

    When your wife presents the I-797 in her name, a new I-94 will be given upto 12/25/2009.

    There are few cases, where out of ignorance or negligence, they do not apply I-539 while applying for H1, thereby jeopardising h4 status.

    In your case, it has been done right. so no worries.





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  • Dhundhun
    07-13 10:23 PM
    Hi Everyone,

    Is it really necessary to inform USCIS of change of address.

    Do mails,notifications or cards from USCIS get forwarded to the new ADDRESS like all other mails.

    Will appreciate your views.

    Mails from USCIS are not forwarded. They are returned back to USCIS.



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  • walking_dude
    10-30 01:52 PM
    WA, Bill Gates is with you.

    He attended Senate Commitee hearing to help you! Read his testimony and get inspired.

    http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx (http://www.microsoft.com/Presspass/exec/billg/speeches/2007/03-07Senate.mspx)





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  • Jipjap74
    04-23 04:12 PM
    Who said anything about a 10 year old boy? Correct me if im wrong but this is a public forum and I can ask whatever question I want to ask. Its up to you if you want to answer it. All i asked was if anyone had come across this situation, if you haven't and you don't have a constructive opinion id rather you kept your snide remarks to yourself.





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  • willigetgc?
    09-24 10:21 AM
    my problem with these hearings is that they play soccer with the interests of immigrants. There are pro and anti immigrant views in discussion.

    Enforcement is all about closing the borders and deporting immigrants. But why do we not see hearings to discuss and introduce bills that fine the employers and put them in jail if they hire an undocumented? But nobody, not even the anti-immigrant groups are pushing for such a bill. A lot of undocumented problem will be solved if employers cannot hire undocumented. We call immigrants as illegal, but why can't we use the same standard for employers who illegally hire undocumented?

    Secondly when they talk about legalization, there is no country limits for them. But as soon as we talk about removing country limits in front of the same people, we hear talks about diversity etc.

    Overall immigration is more about politics, votes than actually solving a problem. If these folks are serious about fixing a problem, a lt could have been done till now. We need to hear more action than just talk.

    hypocrisy at its best!





    forgerator
    02-12 11:25 AM
    if your employer is ok with the arrangement , why not?





    pappu
    05-14 11:47 AM
    I'm not sure what made you decide for CP. There maybe valid reasons or you maybe misguided.
    I have heard some people use the CP route thinking that once the dates get current, they will get Green Card faster than AOS route. Some people use it as a back-up. But I am not sure what made you opt for this if you knew you will deny yourself EAD and AP benefits.



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