Monday, June 13, 2011

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  • cbpds
    06-08 02:52 PM
    Appreciate your response kondur, we have submitted the original I94, hence we shd be fine.

    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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  • Mahatma
    08-13 04:26 PM
    I am saying this without much research BUT I do recollect rave reviews about VDL Rao.

    In past, Googler, Conshell etc. have done a good job of investigative journalism (name check memo and other critical updates). Discovering VDL rao would be blessing for some sort of hunch on Visa number availability. He has apparently commanded our respect.

    Some guesstimate is better than utter confusion.

    We need you Mr. Rao. Help us in our journey from darkness to light.... an eventual green light!




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  • justsomeguy
    07-12 06:29 PM
    fellow legal immigrations - this is my first posting on immigrationvoice.
    i have been following this site very closely and first of all let me congratulate the IV team - you are all doing a terrific job!

    now, i have read a lot of threads where employees say their employers do not give them the I-140 receipt numbers or the approved I-140s. this is sick! this is worse than bonded labor. employers with good ethics do not play such dirty tricks. this just plain sucks :mad:

    clearly, there are rules from the uscis itself that you can port your priority date to another firm as long as your labor + 140 have been approved. so NOBODY has the moral right to withhold your 140 or labor approvals. i keep hearing that "140 belongs to the company" .. good.. but what the heck does that mean ? does that mean there are laws that permit PD porting but in a way you cannot really do that coz certain companies are not willing to give u the approved 140s?... is this FAIR ? or is it time to put this as another ACTION ITEM to make it illegal for companies to withold 140 from their employees especially if they want to switch jobs ??? something to chew on...
    peace!




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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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  • immi2006
    10-09 07:11 PM
    Otherwise it is a time waste...

    I applied on 2nd July and got Receipts on 08/27/2007. Still waiting for the FP notice. There are lot of ppl in the same boat. Take it easy. I called USCIS last week and they opened Service Request for myself and mywife. Call USCIS and ask them to open SR.




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  • sathishkrish
    07-17 04:33 PM
    i agree with you......dont demand..where have u been all these days coming today and asking IV for updated as they owe you...ofcourse bearing the fruits is not the only thing one can do they can contribute as well...will those new poeple who jpined in july will be willing to contribute to IV for fighting for our cuase GIBVE ME A BREAK

    I think it is high time we need to set rules and roles for senior member alike - they are supposed to bring people to the group not the otherway around - We are setting a wrong precedence - A guy who has contributed more than you, can ask you to lay off ilikekilo, and that is not far away.

    Anyways, Some of the members have become super stars by being here and wanting to do more so let seniors show the real attitude to freshmen.

    Thanks for your understanding



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  • jvs_annapurna
    04-20 02:32 PM
    Hi guys
    There is lot of misunderstanding. As i mentioned my H1 extension was denied on 31st march
    Then i worked out with a lawyer for my options. She said i can get H1 transfer. I filed H1 transfer premium processing on april 6th with new employer(american company).It was approved on 13th and we received it on april 16th.




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  • retropain
    08-25 02:02 PM
    the media is going to be busy covering the elections till Nov first week or two. so you're not going to get much media coverage.

    idea is not bad if it can be implemented correctly, with employer support of course.



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  • alterego
    06-13 06:21 PM
    It means the immigration sub-committee will discuss and vote on this issue and it is a positive sign in my view that the democratic leadership is allowing this to go forward. If it passes the subcommittee then it will be sent to the floor and may be scheduled for a vote there. I am desperately hoping for a floor vote on this, hopefully the democratic leadership will see the justice on this one.

    The CHC needs to realize that this is not about elitism. The EB community has been through this cycle of delayed EB reform for the sake of CIR on previous occasions and continuously since 2005. We have never opposed a pathway to legal status for the undocumented. It is time that they give us some consideration for our own plight. Failing which they will be seen by moderates as the hardliners.

    Make the calls people. Your call may make the difference, especially if you are in the congressional district of a key contact, please, please make that call. Make a call and consider it your duty to persuade another colleague do one too.




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  • yabadaba
    10-17 02:58 PM
    commute from il to texas/leave ur wife behind/continue paying rent on ur apt and ask a friend to keep an eye out for ur receipts

    if not...file AR-11 and pray for the best....there is not really that much in terms of options.



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  • anil
    06-15 11:26 AM
    Gurus, can someone please respond and guide me here?

    One more confusion, guess I'm confused a lot now:confused:

    Can I apply I-485 for my wife whose change of status application from H1 to H4 is pending with CIS?

    Thanks a lot!




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  • ilikekilo
    06-11 06:14 PM
    again u r out of ur mind



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  • ras
    11-12 06:19 PM
    after 180 days it doesn't make a difference whether i-140 is approved or not, one can change job..

    i am not a lawyer

    Is that even if I-140 is not approved (pending), after I-485 is pending for 180 days, one can change jobs using the EAD?




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  • letstalklc
    10-08 11:17 AM
    Yes, there is only one queue, you go ahead and ask them for the status of your application, it's passed 15 month period.

    Because of Fragomen audits the DOL audit queue is very big and after announcing dol that they will release the special audited cases to regular queue, but they did nothing as of now.



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  • cjain
    11-13 09:32 AM
    Tom,

    This is completely false. Even if the employer revokes an un approved i-140, the I-485 is not affected if the following conditions are met:

    - I-140 should've been "approvable when filed"
    - New job should be in same/similar field

    Read the Aytes Memo (google: aytes memo) for more clarification.

    and stop spreading lies

    The AC21 can be used only if the following 2 conditions are met:
    a. I140 is approved.
    b. 180 days after the receipt date of I1485.

    One may leave the employer even before the 180 days or before the 140 approval with a risk that the emploeyer will not revoke I140 and no RFE comes for 485. The safest is to use AC21 only after the I140 approval.

    If 180 days passed (485 receipt date) and if I140 is approved, there is no problem even if the employer revokes the I140 after you move the company. You may get an RFE to produce the offer letter from the new company.




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  • gcwait2007
    04-25 11:31 AM
    hello folks,
    I am switching jobs after an approved I140 and over 180 days from 485 receipt.
    I am expecting no problems when leaving my current company. but just incase they decide to revoke my 140,
    - is it ok to file AC21 after i receive the NOID if some thing happens or is it better to file AC21 now?

    one other complication is i will be changing address too. how long does it take for USCIS to update my new address in their records? the reason i am asking is if they send me RFE or NOID, i will totally miss the boat if they send it to the wrong address. i am sure they will send a copy to my attorney, but he works form my current employer and I will assume he is less likely to help. Does it help if i file G28 with my own name and my new address?

    I need to join my new job in 10 days and i hev give my crrent company a notice so it is a bit urgent. Please help.

    Thank you

    Rex

    I have not yet used AC21 to port my job and I am still with my GC sponsoring employer. However I can share my knowledge gained thru various threads in IV and other forums.

    If the current GC sponsoring employer decide to revoke the approved I-140, then he/ his lawyer should notify you their intention as well. When they send the letter to USCIS, a copy of the same will be sent to you. There are chances that you may not receive this letter.

    If I were you, I would do the following:

    Step 1: I would notify the change in address to USCIS. (AR-11 form electronically) and watch out for LUDs.

    Step 2: After settling down in new job atleast for few days (one month minimum), I would notify the USCIS about my using AC21 portability for changing the job. There are appropriate formats for notifying USCIS, which you can find in this forum. In case, NOID is issued in future, then the early advice of AC21 would come in handy. I have heard the successful stories where the individuals had sent AC21 intimation earlier.

    All the best in your new job! Good Luck



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  • amitjoey
    07-13 05:24 PM
    That means you have no reputation at all :D :D :D .. kidding.

    I think all that means is that no one has given you any reputation point yet.

    Man, this is so funny, Somebody give me some good or atleast some bad reputation :D :D :D :D




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  • NKR
    05-01 11:54 AM
    Consult an attorney and see if you can re-open your old case or port that date onto a new case. You don�t want to start your GC process all over again. It is a pain for someone from retrogressed country.




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  • abhijitp
    08-22 03:10 PM
    I know some of you will be attending the Rally in DC on Sep 18th.

    But most wont be attending the rally in DC on the 18th. Wouldnt it be good if the people who are not able to attend the DC rally conduct a rally in Texas at the same day.

    This way, there will be a multi pronged effect. In fact, it would have an even greater effect if simultaneous rallies are held in other places too. Like

    West Coast (Bay area )
    Midwest (Chicago)
    Texas (one of the major cities - Dallas, Austin or Houston)

    Think of all the local media attention this gets & also the ripple effect into national media.

    Any thoughts ??

    If you are anyways planning to rally, you will need a day off, so why not spend it in DC? I strongly agree with Paskal in that small rallies would dilute the impact of the DC rally!

    If you can take a day off, please attend the DC rally. Go here and tell us how we can help you with logistics.
    http://immigrationvoice.org/forum/showthread.php?t=12441

    Thanks




    BECsufferer
    12-07 11:02 AM
    Hi!

    I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.

    I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?

    Thanks for reading this thread and commenting.




    nixstor
    04-19 11:18 AM
    JP,

    Will you be our Leonardo Dicaprio of The Departed? We already have Matt Damon(s) here on our forum. :) Just kidding



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