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  • TeddyKoochu
    10-15 08:29 AM
    Teddy

    Is there any source on any site which gives idea that they are thinking of it. Since we have close to 800 members who joined for filling 485 when date is not current we can ask IV core to make this campaign officially and push for this one. Even we know 800 are not a good strength still it may help if govt is willing

    gc_on_demand - Here are the links from other sites.

    From Ron Gotcher's Forum

    http://www.immigration-information.com/forums/general-immigration-questions/10321-uscis-considering-permit-pre-filing-i-485-applications-approved-i-140-a.html

    I could not find anything on any official site. There are blogs going on all popular immigration sites on this topic.

    I believe that since the agencies are thinking about this provision (Even though this has been in the news since a year) has better likelihood of being implemented.

    skgs200,aksharan, cbpds the EAD / AP part appears to be disputed nobody is clear on this. Yes there maybe a fee for this but it does bring us a step closer.




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  • shana04
    07-21 11:37 PM
    http://infopass.uscis.gov/ .Please follow the instructions on the screen. Choose "You need information or other services " option.

    Wish you all the best.


    Thanks for the info




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  • srkamath
    08-05 06:15 PM
    It is illegal for the foreign employee to pay or to reimburse the employer (or even agree to a reduced salary) to cover the costs of the foreign labor certification process. There are no exceptions to this - there is no varied interpretation either. The labor certification will be denied or revoked if the foreign applicant had any role to play in the recruitment process.

    Disclaimer - This is my understanding, i'm not a lawyer.




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  • kondur_007
    10-30 12:17 PM
    Thanks for your reply it was helpful.

    BUt can any one tell me do we have to be on payroll for at least 6 months after you get Gc or can we on and off payroll and still be with the same employer for what ever length of time we stick to the same employer who filed GC..

    Srh1: Please read my comments in the above two threads (thread links posted by bluez). I tried to summarize everything there.

    As far as your above question is concerned: You will be just fine even if you are on and off the payroll (especially if the empolyer does not have the project for some time...meaning that on and off was triggerred by the employer); because it still shows YOUR intention to stay with the employer.

    Feel free to ask any further questions (after going through above two threads) if you need any further info...I am not a lawyer but I will be happy to share what I know.

    Good Luck.



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  • ssharma
    04-27 01:36 PM
    Your question has been answered at www.immigration-law.com ( advanced Q&A section). I am copy pasting :

    Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?

    A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
    Ref: http://www.immigrationportal.com/archive/index.php/t-210170.html




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  • samsu
    03-22 08:31 AM
    Hi,

    My Situation is very similar to above mentioned and I would appreciate if someone can give comments.

    My I-485 was filed during July'07 and I-140 was approved during the same time but I was on H1 until Feb'10 working for employer directly and lost my job. I have found new job now starting March 15 but I am not going to transfer H1 and started working on EAD. I am not sure about filling AC21 as it might create unnecessary confusion and I don't want to miss out in case my date become current (Nov'06) due to spill over.
    Now, I have to travel internationally for work and will be using first time my AP but not sure how to answer question on my employer without filling AC21.

    I can bring AC21 memo and show them paycheck from last employer and new employer (with little more than one month gap in between) but not sure if that is enough. Let me know your suggestion.

    Also, my old employer will most likely not revoke 140.

    Thanks,
    Sam



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  • serg
    04-06 11:18 PM
    that's the official title of the bill, nothing wrong with it.
    they still have a cloture motion vote tomorrow morning, so we'll see.
    Yes, sure, I'm not going to give up until it will be clear. By the way, they will have almost a night to make some agreements (sure, they don't want to be "last mile" in this bill, both of them). Hope they will bring out something new tomorrow morning :)




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  • tinoue
    09-27 08:24 AM
    Hi All,

    I received the I-485 reciept notice yesterday from my lawyer (see below for my info), but the alien number on I-485 is different from the number on my approved I-140. My I-140 has a number starting with A099, but my I-485 reciept notice has a number starting with A088. Someone in this forum mentioned that A099 is for the primary applicant and A088 is for the dependant. I am the primary applicant for I-485, so if it is true, I should get A099, not A088. I am not sure if I can have two different alien numbers or if this is a mistake by USCIS. Is anyone in the same situation?

    I am sorry if this issue is discussed previously (I couldn't find the related thread). I would greatly appreciate your input.
    Thank you very much.

    -------------------------------------------------------------
    EB1 ROW
    PD: 08/2006
    140: approved in 06/2007 (NSC)
    485 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
    765 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
    131 (self and spouse): RD: 07/06/2007; RN: 09/12/07 (NSC)
    FP notice recieved on 09/24/07
    FP appointment (self and spouse): 10/16/07



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  • lakshman.easwaran
    07-20 02:35 PM
    Folks, I have been reading this. My lawyer send me G325 only. I haven't filed as of yet. Should I file G325A instead.

    Use G325A since it has four pages. Each page will be sent to different places written at the left bottom of each page. My lawyer sent me G325A.




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  • logiclife
    01-01 11:03 PM
    I have been looking at a lot of posts on this Rajiv Khanna�s immigrationportal and there seems to be a lot of confusion about who is legit and really interested in our cause and who is faking it to collect money and run with it.


    I agree that its hard to trust someone you�ve never met and get involved in discussing strategy, participate etc let alone cut a check of $50.

    LET ME BE CLEAR ABOUT SOMETHING HERE:

    I have no vested interested in diverting people from any website to any website and re-divert people from one organization to another. If you know someone who works for you and you trust � fine. Go with it.

    I personally am really really mad at the retrogression going on in EB GC. I applied for my Labor in Sept 2004. Got it approved in June 2005. I have been sitting on my hands since. I-140 is in process. With the speed things are going now, I will have GC no sooner than 6 years.

    AND I AM JUST MAD THAT AFTER ALL THESE YEARS�I CAN�T EVEN APPLY FOR I-485.

    Then I came across this website on the morning of 31st DEC and then looked at immigrationvoice.org. Talked to a couple of people on the phone from immigrationvoice.org. I am going to post tomorrow�s agenda of conference call RIGHT HERE.

    If you want to participate in this call, either to suggest ideas or to check out if we are legit or not, just register on immigrationvoice.org (ITS FREE) and send an email with your phone numbers (its free) so that we can verify that you are legit and not a heckler who is going to disrupt the conference call.

    If you still are not convinced and trust someone else, go with it.

    Another thing�immigrationvoice.org is only 4 days old. Bear with us if we are not perfect. But we will surely be fully functional with all the bells and whistles before you know it.

    AGENDA for tomorrow�s conference call:

    A) GENERATE PUBLICITY ABOUT IMMIGRATIONVOICE.ORG.
    Spread the word that this website is going to consolidate all efforts to have provisions to eliminate retrogression. Convince people that immigrationvoice.org is legit and operated by people WHO DON�T HAVE GC/CITIZENSHIP and are waiting in line for GC.

    B) GATHER FACTS FROM BOOKS, AUTHENTIC SOURCES.

    There are at least 3 books out there that deal with exodus of talent from this country either due to cultural reasons or due to hostile immigration policy. These books claim that there is competition for talent out there (�Talent� being people like H1Bs, researchers, engineers etc) between US and other countries and USA IS LOSING. Check out �Flight Capital� by David Heenan and �The flight of the creative class� by Richard Florida.

    We want those facts to convince congress that eliminating retrogression is not only in an immigrant�s interest, BUT IN THE INTEREST OF AN AVERAGE AMERICAN EMPLOYER. We are not looking for a frigging charity or a handout. We are not saying �O dear congress, give us a green card and we shall be eternally thankful to thy congress�. That is a wrong strategy and an unnecessary one.We are legal immigrants. We are not looking for amnesty. Just a fair deal for people who stand in line for GC and play by the rules, pay their taxes, protect their status and obey the rule of the law.

    We are looking to consolidate an already existing symbiotic relationship. A win-win situation.

    C) INFLUENCE CONGRESS.

    By this time, anyone who is not living under a rock knows that there is a comprehensive immigration bill coming up before congress. The bill will be introduced, debated and most likely passed. The question is whether or not the retrogression relief measures are included or thrown out.

    We need to plan a strategy to

    1) Convince congress with FACTS and NUMBERS how the current H1B program has given an edge to US employers and contributed to the society in general and how it is in America�s interest to put this symbiotic relationship on a solid ground by speeding up Employment based green card.
    2) To work with congress, devise a strategy to meet them in person, as many as possible. Create an A-list of senators and congressmen who have the most say in committees and sub-committee hearings. We would work to communicate and convince these men first and then have a message machine to send a blanket message to ALL.


    If you are still not convinced and go with someone else or go with do-nothing-and-hope-for-best strategy, then go ahead.

    OTHERWISE register and participate. And you wont lose a dime by doing that.



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  • coopheal
    11-26 03:11 PM
    I am contributing $100 monthly. I will contribute additional $100 for the rally.

    We are expecting our baby in March end so will not be able to come to DC.




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  • hiralal
    09-30 10:11 PM
    Before you get all mushy about AILA and start bashing USCIS take deep look and see if AILA is really acting as a friend or a adversary in friends disguise?
    atleast they are doing something. I have not recd a RFE but I can understand the tension that a family undergoes because of RFE ..I don't understand your problems with AILA though ?? less RFE's mean less lawyers fees and it is high time that someone talks about the unprofessional USCIS



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  • kish006
    12-27 04:01 PM
    It took about 4 weeks. Do you have H1-B extension? If so, I would suggest to use that instead of waiting for AP. The AP has new date instead of old one. Good Luck in getting the AP sooner.

    IF your EAD and AP got approved with incorrect Photo. What actions ur lawyer is taking for her I-485 application. IF you 485 approved her card will come with different photo. so you lawyer suggested to you and what actions ur taking to prevent.

    Let me know as I am also in same boat.
    My lawyer is stupid guy he wont respond to me. he will only respond to my employer.




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  • gkaplan
    07-20 01:04 PM
    Hi there
    thank you for the information you provided above. and congrats on your h1b.
    my question is: i'm j1 and mu husband is j2, and he's been working with his ead for the last 4-5 years. we are subjected to 2 year HRR. in order for my husband to get h1b, we need the waiver. can he apply for the waiver independently? just like you did - independently from your j1 principal?

    can his company apply for a H1B just after he gets the favorable rec. letter? or doeshe have to wait for the final decision from USCIS? or application for H1B with the fav.recom. letter is only ok if we are doing premium processing? because i get different answers from different lawyers about this. one says we have to wait for the final decision from uscis, one says different....

    thank you.



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  • old_hat
    04-27 09:51 PM
    http://www.dhs.gov/journal/leadership/

    * USCIS has increased the emphasis on processing employment-based petitions. Our goal is to complete adjudication on the older I-140 petitions and to process newer petitions within our targeted processing time of four months. We are making progress toward this goal and anticipate reaching this goal by the end of September 2009.
    * USCIS is issuing employment authorization documents valid for two years, as needed.
    * USCIS is working with the State Department to make sure we use every available visa number. In 2007, we had more visas available in the family-based categories than were needed, so as permitted by law, we transferred those available family-based visas for use in the employment-based application process.

    I recognize that this is a difficult and complex situation and USCIS is working hard to make improvements and to increase transparency in our processes.

    Mike Aytes
    Acting Deputy Director, USCIS




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  • vin13
    09-30 08:03 AM
    :( I just got an RFE on my case...I had 2 soft LUD from past 2 days and now the status says "Request for additional evidence sent."

    I have used AC21 to change jobs but I am still on H1....Now i am worried.



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  • snathan
    08-18 05:32 PM
    They would however have to disclose that period of out of stay when they file the GC as G325 A asks for all status history. In other words, you will get screwed.

    Whoever has some approval by means of luck or fluke does not make it the law. They will take the bite when time comes.

    Exactly.....You nailed it correctly.




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  • kirupa
    11-26 02:06 AM
    Temp - that is a great idea. Mind if I steal your image for the first post of this thread? :evil:




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  • Humhongekamyab
    11-10 03:04 PM
    By volunteering she is taking away a job of a US worker so the answer is no.




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