Sunday, June 26, 2011

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  • canmt
    10-19 11:41 AM
    The AC 21 does not say anything about the salary part in the Section 106(c). But it is a guideline issued by the Director to USCIS officers on how to interpret AC 21 Section 106(c).

    You could find the salary details from www.flcdatacenter.com.

    I hope this helps and good luck on your greencard chase.




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  • senthil1
    05-09 11:58 PM
    As for as I knw You can be out of job for any period in EAD. But when they process I485 you need to be in the job. Many unemployed persons are getting GC interview. If you do not get RFE or interview then it is ok even if you are unemployed at the time of receiving gc.




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  • YesGC_NoGC
    01-09 04:35 PM
    I know atleast 2 in my close group.


    What are you trying to get to?

    talking about only personal friends or co-workers. Please do not vote yes if its some body you don't know but heard of.




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  • kaisersose
    05-30 10:17 AM
    Hi gurus, Please advise

    I have an approved I-140 and july 485 filer, also have valid h1 till 2010.

    I work for company X and have an offer from company Y.

    What are my best options now
    1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
    should the new H1-B Job code match with my Labor Certification?

    2. Use EAD - the complication here is my desi employer filed my labor
    as an IT Manager which i am not and i am not sure the new employer would
    give me the matching offer letter.

    Thanks,
    Krishna:confused:

    You are saying "H-1b or AC21". It should be "H-1b or EAD" as using either to change jobs at this time is possible only under the AC21 provision.

    H-1b or EAD, your new job description should be similar to the job description in your GC Labor. Otherwise, you are at risk if you get an RFE or an interview call.



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  • rajesh1972
    02-18 02:31 PM
    I have a Green card and also my wife has GC .My wife is expected to deliver a baby.Shw wants the delivery to be in India and then come back...in that case what VISA will the new baby have to apply US when my wife returns back to US.

    Appreciate your help in this regard.




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  • yanj
    12-16 12:46 PM
    You can not work after 7/9/2007.
    The end of the OPT will determine when you must stop working.
    The 60 days grace period is only for you to take care of business before you go back home. In your case you must wait for 2 months and 24 days before returning to work otherwise you will be in violation of your status.

    andy


    THANKS



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  • smartboy75
    09-26 07:32 PM
    Hi All

    Please read the below article...finally someone is talking about law abiding immigrants hardships...

    Hope the CNN's, the Lou Dobb's read this and present the truth to the american people...

    Encourage everyone to read it...

    http://blogs.usatoday.com/oped/2007/09/one-familys-nig.html




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  • hotbread1
    07-16 01:11 PM
    Please click one of the Quick Reply icons in the posts above to activate Quick Reply.



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  • h1bemployee
    02-25 06:20 PM
    You need to provide more details on bold words from your post. If you really need pointers from IV members.

    in the intial offer letter ,they said they are going to pay 58k... and my job title was also different in the offer letter.

    As the client is paying very low billing rate .... they said they need to change the LCA showing less salary(less than 58k)




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  • roxychaney
    03-02 11:39 AM
    Just out of curiousity, does traditional painting qualify?

    o yea, guess i should have asked this before posting!



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  • ramaonline
    12-23 08:37 PM
    For F1 visa u must prove non-immigrant intent - usually it is not possible to get f1 when u reach I485 stage.




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  • Desi Unlucky
    09-20 08:21 PM
    Can you please post the URL (Specific URL not the home page of immigration-law) where this was discussed.


    This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.

    YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.



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  • pappu
    04-10 11:52 AM
    Friends,
    I am working for company A and I have offer from Company B, I thinking of my options, Here is my situation

    1. I have approved I140 > 180 days in actually 300 days

    2. I have approved EAD

    3. mine is labor transfer case and I used an existing labor that matched my job profile

    4. Company B is ready to hire me in the same/similar role and are ready to give AC21 employment letter with same details as in my labor.

    5. I have approved copy of my labor that was transferred and all other copies related to my case like I140, I485 application and Advance parole etc,....


    Please give me some guidance on if I should be accepting the offer from Company B, I am concerned because my labor was transferred from another employee. I have worked for company A for nearly 4 years now and my GC is in process for almost 4 years, labor switch was done like 2 years ago.

    Based on this explanation do you see any risk and am I missing anything here, in terms of getting specific documentation from company A application..

    please help

    Please update your profile with details so that it can be helpful to everyone tracking the success
    http://immigrationvoice.org/forum/profile.php?do=editprofile

    on IV tracker
    http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63

    IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.

    I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.




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  • Hello_Hello
    01-20 06:29 AM
    1. Ravi Venkatesh
    2. Rani Swami
    3. Hema Prabhu
    4. Dayal Sharma
    5. Chin Chu
    6. Dang Wang

    These are some of the people I am proud of who are EB-3. Are you proud of them too ?



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  • vamsi_poondla
    09-10 11:30 AM
    Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.

    Is AC-21 absolutely safe? I think most concurrent filers have to wait at least an year until their I-140 gets through.




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  • makemygc
    06-22 11:18 AM
    Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is present

    My civil surgeon advised me against by-passing skin test. He said, he has done that in the past but peope got an RFE.



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  • onemorecame
    08-21 04:14 PM
    There were twobiometrics. One was with initial application (probably Nov/Dec 2005) and another was in May 2007 when the first one expired (FP is valid for 15 months).

    are you in EB2?




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  • mrdelhiite
    08-08 09:10 AM
    roseball, agree. got same resp from my attorney while filing AOS for my wife

    1) employment letter ( just sent original & copies too )
    2) I-134 ( convinced that they will need this even for H4 dependent )
    3) did not ask for W2's or pay stubs
    4) of course original medicals in closed envelope
    5) all previous H4 approvals + I94's and color photocopy of entire passport
    6) photos and required cheque's

    hope mrdelhiite is all set ?

    Yup Senthil Thanks a lot for your reply.

    -M:D




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  • eeezzz
    02-19 01:18 PM
    I still don't see where this "spill from EB-1 ABC country to EB-2 ABC country" idea coming from.
    We all know there's no fixed number of quota for any country in each EB category. There's only "up to" limit for each country. Although some countries may hit their limit early, but that doesn't mean that is reserved quota for that counrty. Since there's no reserved quota for any country, where is the "spill from EB-1 ABC country to EB-2 ABC country" idea coming from ?

    "There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year"
    I think this means
    1. If EB-3 RoW Current, unused quota goes to other countries which is not current, from EB-1 -> EB-2 -> EB-3, either randomly or again by country limit to use these extra quota.
    or
    2. If EB-3 Row not current. unused quota goes to other countries which is not current, from EB-1 -> EB-2 ->EB-3, either randomly or again by country limit to use these extra quota at 4th quarter in order to not waste any quota.




    desi3933
    02-26 06:04 PM
    Original LCA salary is like 58k and current one is 40k

    Odd are that you are out of status and this may prevent you seeking another change of status.

    Please consult your attorney.

    _________________
    Not a legal advice.




    max714
    04-09 10:48 PM
    I am currently on H1 and have EAD through my wife (>180 d) (EB3 5/04). I am in a catch 22 situation. I am gettting a fellowship in one of the best program in the nation.

    The problem is they dont want to sponser H1. Now if I utilize the EAD then there is always a risk associated. ALso my wife have to use AC21 to move to this place as well.

    Have anybody been in this situation before? Is there anything to negotiate to push them to sponser H1b for me. Can you get H1b from a moonlighting position?

    I'd appreciate the help. I really want to join this place and feel that they also really want me as a fellow. They just dont have enough courage to speak up in front of hospital corporate offices.


    A different view regardless of EAD/H1 rules: don't be nice guy accepting whatever employer tells you. Negotiate and don't underestimate your value.



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