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  • ramus
    06-07 01:10 PM
    Please contribute to IV..
    Thanks.




    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

    Summary:
    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.


    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:





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  • techbuyer77
    06-20 01:13 PM
    However if you also apply for EAD, then maybe you have to join the ex employer who files your 485 at least during the intial 180 days after 485 is filed, please do check with your lawyer.

    Not really as GC is for future job; if 180 days have past you are ok even to change your intent even if you never worked for the first employer.





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  • kumar1305
    02-11 06:13 AM
    In your sim city you can make these rule. However for the real world support IV initiatives for the best results.

    I'm in my sixth year and didn't even apply for labor. Let the company apply my labor thn I will be active in ur initiatives.





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  • Raju
    07-04 09:32 PM
    My state in four lines

    1) Came to US on F-1 Visa, never completed my masters

    2) Shifted to H-1B and i have been with the same client and havent been to India for four years.

    3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.

    4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping

    But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.

    But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.

    I had so many hoped on the current numbers . Any idea guys what can i do?
    Dont panick man. Your should not have a problem with H1 stamping!



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  • Canadian_Dream
    01-18 05:01 PM
    The contrast correct, however the math behind is slightly wrong:

    Special Instructions :

    If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

    You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D

    So regardless of number of years a family of 3 upon next renewal will pay $2099 (which is still a huge number compares to $2 :) ) once and for all. That's why USCIS thinks it a good business alternative to give out 3 year EAD/AP so that they can cut cost. At the end of the day this change if implemented will be mutually beneficial.


    Folks...This is not another Motley Fools Newsletter that promises $1 Million for $100 you invest. This is reality.. Something Green you can lay hands on....and spend it for buying your darling son his favorite bike or diamond ear rings for your lovely wife or a new HDTV system to your living room.

    Read below and find it yourselves

    A) What does it cost for average family of 3 for EAD and AP renewals?
    EAD Renewal Fees Form I-765 - $340
    AP - Renewal - $305
    Document Mailing/Correspondence - $ 30
    Photographs cost - $24
    ------------------------------------------
    Total per person - $699
    ------------------------------------------
    For 3 years, $2097/ person
    ------------------------------------------
    For 3 applicants in a family - $6291
    ------------------------------------------
    Driving Fees Renewal 3 times - $120 per family
    If you have a foreign-born son/ daughter - add another $915 for the AP Document fees
    New I-9 forms to employer and all other mess $10
    Time to do all the document prep work for 3 years - at least 4 hours. For consultants 4 hours is something like $250 income.


    B) Contrast this with the effort to participate in the IV Campaign..
    Time that will take to write these letters - 30 minutes
    Stamp and Envelope Cost - $2


    Which is better? Red or Green. Do the math yourselves and see the truth.

    Finish the letter and post this weekend itself.... Don't give away your hard earned money to some agency which devised a rule when GCs were coming within 8 months of filing I-485. Let us fight and fix such rules..

    Campaign Link http://immigrationvoice.org/forum/showthread.php?t=16506
    Tracking Link http://immigrationvoice.org/forum/showthread.php?t=16595





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  • ramus
    06-22 05:52 PM
    It is free. I just got 8 photos done from AAA.... But I am plus member..
    But even for regular member you should get 6 photos.



    AAA is not free :cool: I tried it a couple of weeks ago. Infact they are on the expensive side (compared to Kinkos, Sears, Walmart etc.)



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  • danonline2110
    01-22 02:56 PM
    Hello,

    I am a French citizen (married to a French woman with a French 3 1/2 daughter). We have been living for 8 years in London (UK) until July 2007, where we have had the opportunity to come and live in US (Atlanta - GA) for past 1 1/2 year on a L1-Visa (for me as a foreign national holding an advanced degree on international transfer company) and L-2 visas for my dependents (My wife has her EAD and is working as a French teacher consultant). These are 3 year Visas renewable until 5 years. I have moved as a Product Architect in IT field (Airline Industry) reporting to an IT Director.

    I am currently trying to negotiate with my company to stay on a local contract after my initial mission of 2 years expires (end June 09) and make them do all the necessary paperwork for getting the Green Cards for me/wife and daughter (I assume would be EB-2?)

    They may reject my offer to handle requesting Green Cards for us, but still offer me to stay on a local contract on the L1-Visa, not allowing me to foresee to stay legally any longer than 5 years (maybe extended 2 additional years but still...).

    I want to be prepared for that scenario with assistance of experts to know where I could go from there.

    2 Alternatives as I see:

    1) If I stay in same company, could I try to apply for Green Cards for my family (Green Card EB-2) myself being employed by this company on L1 Visa? What are my chances of succeeding then?

    2) We are expecting a baby girl in March (who will be born American in Atlanta) and was wondering whether or not she could sponsored us (on our request being their parents and she would only be an infant), so that we could stay legally and request the Green Cards Family Based?

    In both cases, if I apply myself for the Green Cards, I suppose I would no longer be tied to my company and free to look for a job elsewhere in Georgia or other state in USA?

    I would appreciate any expertise on that matter.

    Thanks!
    Daniel





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  • Catherine
    06-23 09:40 AM
    Thanks for your thoughts. Unfortunately the marriage was the basis of my green card and I was divorced before being married for two years and, therefore, before applying jointly with my (ex-)husband for the conditions on that card to be removed.

    The link you sent was helpful for people in my situation, however. For the information of others who may be in this situation, this part applies:

    "Divorce Before Green Card Issued

    Conditional permanent residence means that the permanent residence can be terminated if it is determined that the marriage was a sham. The marriage is considered a sham when the spouses marry only for the green card. The marriage is not a sham if the spouses married for any other reason and the marriage took place within two years before the immigrant was given a green card. Before the two-year anniversary of permanent residence being given to the immigrant, both the immigrant and spouse must file a joint petition to remove the conditions.

    However, if the immigrant spouse is divorcing the U.S. citizen spouse, then the relationship may have deteriorated to a point where the U.S. citizen spouse does not agree to file the joint petition to remove the conditions. This is when a divorce involving a green card causes the most problems. The immigrant spouse must then file for a waiver from the joint petition rule.

    If the divorce is finalized before the green card is issued, the immigrant spouse cannot get a green card based on the marriage. This is because the divorce terminated the conditional permanent residence.

    But, the immigrant can also get a waiver of this termination. A waiver of the termination is granted if the marriage was in good faith and the immigrant was not at fault for failing to file the joint petition to remove the condition.
    Applying for a Waiver

    The immigrant spouse must prove grounds for the waiver. The following are grounds for a waiver of termination:

    * Good faith marriage (if the divorce is finalized when you file for the waiver). A good faith marriage can be proved by showing that the couple had a child and that the couple owned property. You will also need to file a copy of the final divorce decree.
    * Extreme hardship to the immigrant spouse if deported.
    * Extreme cruelty and abuse from the U.S. citizen spouse.

    Waivers often require an interview of the immigrant spouse to get approval."



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  • coolpal
    04-28 03:37 PM
    My wife came from india this sunday (4/26) @ JFK... she is working on EAD and had an expired H1b stamp in her PP.... She was asked about the purpose of the Visit by the IO and also at the AP fingerprinting, and the first IO asked about the expired H1, but she said she is working on EAD and had a valid AP.. he asked her something about how she could prove that she started working on EAD or something like that, but he didn't wait for answer... sent her to AP finger printing.... it all took less than 50 mins. I should say this is waaaaay smoother than the experience we had at EWR in 2006.

    pal :)





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  • yetanotherguyinline
    12-20 06:47 PM
    I found out from discussion about the USCIS Expedite service:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD

    "
    All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

    * Severe financial loss to company or individual
    * Extreme emergent situation
    * Humanitarian situation
    * Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
    * Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
    * USCIS error
    * Compelling interest of USCIS

    If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

    If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
    "

    I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.

    I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.

    It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)

    She mentioned:
    "We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."

    Source:
    http://www..com/discussion-forums/i485-1/52168049/


    ENJOY!!!!



    There was another individual on this board who had an personal emergency (I believe his id is Mehul or something similar). This information might be very useful to him.



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  • gcdreamer05
    11-19 12:59 PM
    I know of an acquaintance who worked for a reputed client w/o SSN for 4 months. He eventually got his SSN 6 months after applying. This was in NJ and his was first time H1B.

    I dont think so, SSN is mandatory, without SSN # how will they pay social security taxes, and how will they run pay roll, ssn is absolutely need for work authorization. Without ssn if you work it is not legal.





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  • sundeep14
    10-29 01:00 PM
    I checked my current labor certification. it has the following details :

    ETA FORM 9089
    A) PREVAILING WAGE INFORMATION
    SOC/O*NET(OES) CODE
    15-1031.00
    OCCUPATONAL TITLE
    COMPUTER SOFTWARE ENGINEER

    B) JOB OPPORTUNITY INFORMATION
    JOB TITLE: SOFTWARE ENGINEER(THIS IS CURRENT)

    C) IDENTIFY THE JOB TITLE OF THE ACCEPTABLE ALTERNATE OCCUPATION:
    PROGRAMMER ANALYST OR SYSTEMS ANALYST

    D) JOB DUTIES
    CREATE TEST PLANS, TEST CASES AND ANALYZE USER NEEDS AND CREATE AND
    MODIFY APPLICATION SOFTWARE USING VARIOUS SOFTWARE TECHNOLOGIES


    My question is based on the above can i switch to another field like SAP for example. I am not sure if companies will be ready to give me a offer letter with the above text for a SAP job.

    Any ideas friends?



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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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  • bushman06
    08-21 02:48 PM
    Immigration officer gave I94 date till my visa expired.



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  • Cheran
    05-10 09:55 AM
    The only valid statement is with a guy with older priority date, everyone else there is no valid point!!!





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  • kirupa
    01-01 11:22 PM
    Are you considering actually creating something in AS1?

    :)



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  • herns
    03-07 08:38 PM
    I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed.
    [/I]

    THanks for your reply.

    I fall under 3rd employment based category that got stuck May 01, 2005.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html

    I have few colleagues that got only 1 (one) RFE for their I-485 such as birth certificate, one got missed physician signature on one document, the other got no RFE and the green card did just appeared. How I wish I could have an RFE similar with these or nothing at all.





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  • kris04
    10-08 04:59 PM
    Yes, roseball, you got it right.

    Whats the reason to join Employer A and what will make me become an employee of Employer A - like i to have them do my W2?

    GC is approved based on Good Faith that the sponsoring employer will employ you after GC is approved or you will work for sponsoring employer after GC is approved, if not then it could cause trouble for you during citizenship or your sponsoring employer could report to USCIS about the non-compliance--> This is legal term

    But there is one way around it, join employer A and get yourself fired from the job then you're fine.

    HTH

    kris





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  • baldev.thakur
    12-13 11:55 AM
    Well in case you are TOO NAIVE let me tell you...
    If you divorce in US , you can get an ex-partite judgment in your favor probably because your wife cannot challenge the divorce but When you re marry , you can re marry ONLY in US. The minute you land in India that re-marriage is considered illegal and your relationship with your 2nd spouse in US considered - bigamous. Bi gam y is not allowed in Hinduism .
    If you prev wife finds out she can sue you and do many more things in India to make life the hell for you .
    Can you post some more specific details abt ur case ?





    NJpatel
    08-04 04:11 PM
    In this case you can not port the PD unless your subsequent I140 is approved ( ie your Feb-08 I-140 is approved) Once this get approved, you can port to already approved EB2-I140 to make your EB2-140 PD same as your EB3-I140 PD.



    My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.

    Thanks again to all your responses.





    ronhira
    04-26 07:44 PM
    this is how cir will end..... with a procedural vote -
    Financial regulation plan fails first Senate test - U.S. business- msnbc.com (http://www.msnbc.msn.com/id/36770907/ns/business-us_business/)

    bet $100?



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