Tuesday, June 14, 2011

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  • continuedProgress
    01-15 10:01 AM
    Employment contract/non-compete is the place to look. Now, if you haven't signed any employment contract with your employer (that says otherwise)- you are good to make that change.




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  • javaconsultant
    04-30 02:35 AM
    Guys,

    I am not 100 % sure if one can change employer after approved I-140.
    But this is what I checked with lawyer --

    -- Can transfer H-1 to new employer and can file new labor with new PD. Also can pursue your GC from old employer as long as he doesn't revokes it since GC is for future job.

    -- Can simultaneously pursue GC from both employers if previous employer does not revoke it.

    Also one sticking point ....H-1 extension with new employer if you are on 7th or 8th or 9th year extension... not sure how does it work....this check with a lawyer.......




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  • PD_Dec2002
    07-26 08:40 AM
    Yes, it won't be a rejection or a denial either...just a simple RFE. Since both the names on the marriage certificate are different from the applicant (you) and the beneficiary (your wife), USCIS should be able to deduce that it's a mistake.

    Thanks,
    Jayant




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  • Ramba
    05-22 03:15 PM
    Bill Gates testified in front of most of the important senators who wrote this bill. Even he could not make a difference. There is nothing in this bill he had asked for.

    Not IV or Lobby group that IV has, can it really make a difference? There is as much as we can do and everything else becomes uncontrolable. Even IV core group are normal people like us but with connections more than us. But they have their own regular job to do as well.

    So I guess we can only try calling the senators and hope they will change their mind and hope for the best. Expecting and/or trusting IV or Lobby group will really help would be sacrificial.

    I am not questioning what IV does. The core group really does what is their in their hands and we should appreciate that.

    Good Luck!

    Bill Gates voice was heard in the bill..I mean, the bill increased H1B visa to 115K .



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  • krucie
    03-16 05:03 PM
    saps,

    Thanks for the response. I have the receipt notice & approval notice for my 485 and 140 respectively. I am planning on interlinking our applications on my own, without the use of an attorney. I did however speak to a previous attorney of mine, and his recommendation was to wait until my spouse received his 485 receipt notice, and then send a letter to USCIS with a copy of both our receipt notices & marriage certificate asking them to merge both applications, with him being the primary applicant, and me being the derivative applicant.

    However, since my spouse is concurrently filing his 140 & 485, I wasn't sure if his 140 needs to be approved before we interlink the applications. The attorney said that as long as he had his 485 receipt notice, the applications could be interlinked, but I wanted to be sure how his I-140 would tie into all of this. Any thoughts?




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  • eb3_nepa
    07-28 01:37 PM
    Let us see next month when EB2I will start getting lot of approvals. How many IV members contribute once they get GCs.

    The problem here is, that once people get their GC, most cannot wait to get away from this site. I mean forget the actual Green Cards, even once the July 2nd filers got their EADs/APs etc, the activity on this forum has DRASTICALLY reduced.

    Is it just me, or post the July 02 2007 filings, IV has been reduced to an "information only" kinda website BY ITS OWN MEMBERS? These days we simply post questions and expect answers, almost nothing seems to be happening. Everyone is content to enjoy the benefits of the I-485 filing and a lot of members have simply stopped visiting the site altogether.

    So we can float this idea again, but the point is how many people will actually DO IT? I have started the "Give me a HIGH FIVE" campaign, where all the member has to do is contribute JUST $5.00. Yes JUST $5.00, nothing more. So far we have barely made $3,000. There are atleast 20,000 members who have no problems posting questions and "demanding" responses, but they cannot open their wallets even to the tune of $5.00. Do you really think, such members will contribute $100 AFTER they have already received their Green cards??



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  • p7810456
    06-18 06:59 PM
    Unfortunately I am in a very remote area , as factoryman above mentioned , in montana. factoryman , did this answer your question ...

    well.. i guess try your best. the cause here is worth 70 mile trip, if need be. take the trips.. most probably you would need to do only one blood work.. so go for it.

    Meanwhile, don't forget to Buckle up and Drive safe :)




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  • aristotle
    06-23 03:30 AM
    If its any comfort, my lawyer said he couldn't think of a reason why tax returns are necessary for filing 485.

    Hi,

    I wanted to know how critical are the tax returns for GC processing. I am asking this because i have filed the tax returns for 2006 as married even though i got married in January'07.

    Now my marriage certificate reflects jan'07 and the tax return for 2006 was filed as joint.

    Will this be of issue in the processing? Is there a way out from this, like readjust the tax returns?

    Any help in this regard with be greatly appreciated.

    Thank you



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  • inskrish
    04-18 11:40 AM
    Hello,

    I am July 2nd 2007 AOS filer. My AOS application (including dependants') was received by USCIS mailroom on July 2nd 2007 at 10.20 am (according to FedEx Tracker), but the I-485 Receipt Date is Aug. 8th, 2007, and Notice Date is Oct 2nd, 2007. (USCIS took almost a month to enter our cases in their system). Now, USICS has sent rejection notices that our PD is not current in Aug.2007. Our cases are EB2, and PD is 05/2004, and PD was current in July.2007, as most of the July.2007 filers might know. The denial notice also has I-290B for us to file Appeal or Motion. I have contacted my law firm also. I remember seeing a similar thread, but couldn't find it now. I appreciate your suggestions and guidance. I have also sent a private message to Pappu, asking IV's help on this matter.

    Thanks in advance.




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  • jy1021
    02-15 08:53 AM
    yes, you can. I did it last summer. the first officer at the border did not know the rule and said we could not enter, then an older officer came and said we could. they let us in with expired visa but approved h-1b extension notice



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  • FinalGC
    02-07 09:36 AM
    Buddy:

    The way I see is that you have two options:

    1) You close your shop here in USA and go back to India and take care of them there. India is booming, you will surely get a good job. But then this is based on your priorities and what u want to do.

    OR

    2) Find a very good old age home for them in India, where there is 24hrs support for them.. This will be cheaper for you and good for them. They will be in midst of people of their age and get all the support which you will not be able to give, as you and your wife are working.

    Coming to US at this age and with such medical condition, will only become a burden for you and them. Since all they will land up doing is baby sitting your kids and maybe walk to the nearby mall. There is no way for them to interact with people of their age, which is big social need for everybody.

    It is true no insurance will cover their pre-existing condition, so you will land up paying all their medical expenses. However, if u r a millionare, then bring them over here, then u will be able to take care of them......otherwise practically I see you losing all your hard earned $$'s....God forbid anybody getting sick here in US.

    I just gave you some practical advise.

    I hope you make the right decision, which would be good for you and your parents.




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  • jliechty
    June 14th, 2005, 04:12 PM
    I have a Tamron 90mm macro for my D1, and despite the D1's autofocus strength, AF is still as useless as ever for macro (with the Sigma lenses that have HSM, AF might become somewhat useful in certain limited situations at less-than-lifesize magnification). If I could afford it, I would be happier with a longer lens (maybe the 150mm Sigma as a nice compromise) for most of my macro photography - including butterflies, insects, and plant life in the field.

    Bear in mind that if you do get the Nikon 200mm f/4 (or the Sigma 180mm f/3.5 HSM macro - HSM being equivalent to AF-S), you'll probably want to keep the 60mm for situations where you don't want so much telephoto compression (flowers being a prime example).

    Edit: ah, I see you're using a D2X. Then, maybe you could get some use out of the autofocus for chasing insects in flight. With a D70 (which is what I assumed that you had at first), you couldn't expect so much luck. ;)

    Lose H1B status if re-enter the US using AP? [Archive] - Immigration Voice

    View Full Version : Lose H1B status if re-enter the US using AP?




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  • raamskl
    08-15 09:32 PM
    Travel on AP and work on H1B? Have applied for 485, AP and EAD. By the way, what is the advantage of doing so?

    Assuming you have valid I797 (h1), the advantage of using an AP is to reenter the country without worrying about getting a visa stamping in the passport. But if you already have a valid stamping then it does not matter whether you use ur h1 or AP to reenter the country.

    But an EAD/AP is always good to have along with your H1 as that gives you another option of switching jobs after 180 days of filing 485, when the new employer is not willing to file a transfer of H1.

    Cheers.




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  • imm_pro
    05-15 11:15 PM
    This is awsome..also on the newsdesk..:):):):):)

    Feinstein, Lofgren use Iraq spending bill to push for guest-worker program


    05-15) 19:18 PDT Washington - -- Two of California's most immigrant-dependent industries - agriculture and Silicon Valley - are pushing narrow measures through Congress in an effort to employ foreign workers at opposite ends of the labor market, people who pick vegetables and the postgraduate engineers and scientists of Silicon Valley.

    Sen. Dianne Feinstein attached a farm guest-worker program to the giant Iraq spending bill today in a last-ditch effort to remedy a shortage of workers in California's produce fields as the federal government continues to crack down on illegal immigration and the political climate proves hostile to more sweeping measures.

    Rep. Zoe Lofgren, D-San Jose, teaming with Republicans, is pushing several bills to give permanent residence to top engineering talent.

    "It's an emergency," Feinstein said of the farm worker situation. "If you can't get people to prune, to plant, to pick, to pack, you can't run a farm."

    Her addition to the Iraq spending bill would give temporary legal status to 1.3 million farm workers over the next five years, but it would provide no path to citizenship or permanent residency. It passed the Senate Appropriations Committee 17 to 12 today.

    Workers applying for the program would have to prove they had worked on U.S. farms for at least 150 days or 863 hours, or had earned at least $17,000, during the last four years. They would have to remain working in agriculture for the next five years, when the program would expire.

    The move marks an end for now to efforts to give farm workers a path to citizenship after a sweeping immigration bill crashed in the Senate last June. Feinstein has been trying all year to attach a bill called AgJobs but has met nothing but dead-ends.

    Western Growers, representing California farmers, and the United Farm Workers of American union joined in backing the bill. Western Growers President Tom Nassif said large growers are accelerating efforts to move their farming operations to Mexico. The 15 growers out of several hundred who responded to a survey and were willing to talk about their plans moved 84,000 acres worth of crop production to Mexico this year, twice as many acres as last year, Nassif said.

    "Once the acreage moves to Mexico, it's there permanently," Nassif said. "Much of the remaining open space in California is agricultural land. If it's not farmed, we'd be growing condos or cementing it over with office buildings."

    The tightening of the border has made it increasingly difficult, dangerous and expensive for laborers to return to the United States if they leave, disrupting the traditional circular flow of farm workers from Mexico to California's fields in the Salinas and Central valleys. Most farm workers arrive illegally, and farmers complain that an existing guest worker program called H2A is cumbersome and ineffective. Feinstein's bill would streamline that program's rules.

    Growers are apprehensive about a new administration effort, temporarily stopped by a federal court, that would require employers to match workers with a valid Social Security number or be heavily fined. The Department of Homeland Security is refining the rule to get past court objections.

    United Farmworkers President Arturo Rodriguez said farming is facing "a very real emergency" and applauded the bill as a "critical but temporary fix to a much larger problem."

    Feinstein acknowledged that the chances of getting the bill all the way through Congress, even attached to war spending, is "uphill all the way."

    On the other side of the Capitol, Rep. Zoe Lofgren, D-San Jose, is teaming with conservative Republicans to try to push similar discreetly targeted measures for Silicon Valley. She has dropped efforts for now to expand the controversial H-1B program for temporary high-skilled workers, which again this year ran out of its 85,000 visas on the first day they were released. Lofgren said the program needs changes, given its wide use by Indian offshoring companies.

    Instead, Lofgren has introduced a passel of five small-bore immigration bills, among them one that would allow masters' and doctoral graduates from U.S. universities to apply immediately for permanent residence, skipping the H-1B program altogether.

    "Most people would agree if you get your Ph.D in engineering from an American university, you've got something to offer this country," Lofgren said. "Right now, we have no ability to keep those people here ... we send them home to compete against Americans. It would make more sense to keep them here to help us compete."

    Lofgren has even teamed up on one bill, to "recapture" unused permanent resident slots, with Rep. James Sensenbrenner, the Wisconsin Republican famous as the author of immigration crackdown legislation, never enacted, that was so harsh it led to the nation's first large-scale Latino protests in 2006.

    "What's happened is that with the shortage of very high-level people, multinational companies are sending their project teams offshore," Lofgren said. "Not only the top hot-shot leading the team, but all the support jobs that go with that hot shot. Among the people I've met is a guy who spent four years at Harvard, seven at Stanford's engineering school, then did practical training and has been here six years on an H1B, and he's in limbo. He's an extremely talented person and has no idea what his future is going to be. He's being recruited in Australia and Europe, and he's ready to bail out. What he needs is not more temporary time."

    Members of the Silicon Valley Leadership Group of business executives spent Thursday lobbying Congress on high-skilled immigration and tax breaks for solar energy and research and development.

    "This is no time to say to high-skilled workers in a global economy that we don't want you," said Barry Cinnamon, chief executive of Akeena Solar in Los Gatos. "We're happy to have that argument with anyone."

    E-mail Carolyn Lochhead at clochhead@sfchronicle.com



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  • msr999
    03-03 08:41 PM
    EB2 gets unused EB1 quota. So potentially more GC numbers under EB2. Now I am not sure if EB1 is fully utilized or not so it might not really matter.

    I have been thinking in what way EB2 vs EB3 matters after filing 485. Here is the scenario..

    My friend (EB2-INDIA-Labor_Dec2005-485_receipt_Date_072007) and I (EB3-INDIA--Labor_Dec2001-485_receipt_Date_062007) have filed our I-485 almost same time...

    Assume that all Dates are curent now...My friend was saying that he will get his GC prior to me since he is EB2...

    My question is in what way EB2 vs EB3 matters once we file I-485. According to me, as long as Visa dates are current EB2/EB3 does not matter. It all depends of RD (Receipt Date) when Visa dates are current..

    Please correct me if I am wrong...




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  • Vel
    01-21 01:36 AM
    Hello Friends,

    Current Situation:
    -I am on my 10th years in USA and started using my EAD 1 year before
    -My Employer A filed my green card labor in March 2005 and got approved (so my PD is 03/2005)
    -I485 pending for more than 2 years (so I am beyond 180 days limit)
    -I140 is approved.
    -I have been working with them (Employer A) till Jan, 2010 (3 years on H1B and 1 year on EAD)

    Now I am getting a good offer with senior role plus pay (30% more) from Employer B and I would like to take it.

    1) If my Employer A continued to process my GC and confirmed that they will support till I get my GC. Do I still need to use the AC21 portability to work for the new Employer B?

    2) Or should be a safer side to use the AC21?

    Thanks for your help on this
    Vel



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  • abhi2001
    02-24 02:54 PM
    Thanks Jerrome for the quick reply.

    Company B can file an H1 for me but since I have already spent 5 years in USA I just have about an year left out of the total 6 years. So that's an issue.

    Also some more info - when I came to USA I was on an H1B which expired in Mar2008 and I filed a COS to L1A. So to my knowledge company B can revoke my L1A and I can go back to H1B without going through the 2009 quota and waiting till Oct2009. And in this way join company B. Is my understanding correct? But in this case my L2-EAD spouse will loose her job.




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  • Anders �stberg
    May 31st, 2004, 03:47 PM
    Fun series.

    However, I can't help but feel slightly envious. The ducks approach me too, but as soon as I whip my camera out they dart away (only to return as soon as the camera is safely tucked back into the bag again).

    OTOH, I don't bring duck-food with me... :)

    On a more serious note: Aren't you afraid of making them a tad too tame? Won't they become easy prey once the wabbit season is over and duck season starts? (Crispy duck tastes extremely good, but I try to avoid eating duck if I can help it -- they're just too cute! :D)

    Duck food / bribes is a must, otherwise they ignore me totally. I gave them bran flakes today as this was all I had at home, hope that's acceptable for duck digestion. :)

    These ducks are too tame already, people feed them all day long at this small lake. This particular one was a bit too unafraid though, quacking at me and biting my jacket if I didn't give her more food. Some person is bound to abuse that trust some day and do something nasty I'm afraid.




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  • Ramba
    05-22 03:15 PM
    Bill Gates testified in front of most of the important senators who wrote this bill. Even he could not make a difference. There is nothing in this bill he had asked for.

    Not IV or Lobby group that IV has, can it really make a difference? There is as much as we can do and everything else becomes uncontrolable. Even IV core group are normal people like us but with connections more than us. But they have their own regular job to do as well.

    So I guess we can only try calling the senators and hope they will change their mind and hope for the best. Expecting and/or trusting IV or Lobby group will really help would be sacrificial.

    I am not questioning what IV does. The core group really does what is their in their hands and we should appreciate that.

    Good Luck!

    Bill Gates voice was heard in the bill..I mean, the bill increased H1B visa to 115K .




    dpp
    06-04 02:10 PM
    but in this case the H1b stamp on my passport is still valid and not expired.

    i am entering on nov 11th. stamp expires on december 1. why i am worried is just because the stamp is still of old employer whereas 797 is of new employer.

    port of entry may ask me why didnt i get the stamp again when it is just expiring after 20 days ?? U know....

    There will be no issue in entering US as you got the visa stamp till Dec 1st 2007.

    Visa stamp is just to allow a person to enter US. They don't care whether it is with current employer or old employer. They just need valid visa stamp and latest I-797 approval notice of same classification. I.e. if you have H1B visa stamp and you need to have only H1B approval notice. You cannot have B1 visa stamp and use H1B approval notice.

    There will be no issue. As a precaution, carry all original old approval notices also.

    They will give I-94 with the end date there on latest approval. Thats for sure. But just check what date he/she is putting on I-94.

    Good luck.




    potrero
    04-30 08:31 PM
    I am not sure if this question being answered in this forum.
    Need experties if any one have this situation.

    Employer: X (Old Employer)
    Labor - EB2
    PD - Sept , 2006
    I-140 Approved

    Employer : Y (Current)
    Labor : EB3
    PD : May 9 2003I
    1-140 Approved
    I-485 : Pending

    Q : Is it possible to change/port category EB3 - EB2 and keeping the EB3 Date of 2003
    Q : How is the apeal done considering I-485 is already filled.
    My Attorney says better to file fresh EB2 with current company.

    Please reply with your experties or if being deal with this one.

    -Thanks
    Potrero



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