Sunday, June 12, 2011

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  • JunRN
    12-18 08:07 AM
    AC21 is quite tricky. There is no hard and fast rule that if the ONET number is similar, USCIS will automatically rule in favor of the change. IO's will still look at the details of each job requirements and will check if it matches the requirements in the Labor Certification.

    ONET number will somehow help specially if it falls under one category or number and the new job title is listed as sample. But remember, USCIS will still look at the details and will not rely on just the title.





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  • Saralayar
    03-18 05:11 PM
    there is no status called 'EAD' .. it is AOS/I-485 which gives the status. EAD just gives you work authorization. Probably the person who you talked to didn't have much idea about immigration.
    FYI, I just got H4 extension for my wife (she got her SSN after showing her EAD few months back). So when you say that , getting SSN automatically changes status, is incorrect. What changes the status is if your spouse starts WORKING using EAD.. then she forgoes her H4 status and switches to AOS/485.
    You are correct. Getting a SSN with EAD has nothing to do with H4.





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  • raj2007
    03-31 02:38 PM
    Can we file taxes seperately on married status?

    I mean, my CPA did estimates seperately and we found substantial difference...

    Is there any problem in we filing seperately as we r into 485 peding stuff?...
    From an Immigration perspective, what are the ramifications when 'Married and filing Jointly' versus 'Married and filing seperately'.

    First of all, are they related?

    Are you maintaing common bank account? Just filing seperatlt doen't disqualify you for immigration purposes.





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  • kirupa
    01-19 11:17 PM
    Added!



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  • LayoffBlog
    01-27 01:32 PM
    With a second successive quarterly loss on the cards for ING Group NV, the company plans to layoff 7,000 employees, and appoint Jan Hommen - the present chairman of the ING board, and the former chief financial officer of Philips Electronics - as its new CEO in the place of the current chief executive Michel [...]http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1239&subd=layoffblog&ref=&feed=1

    More... (http://layoffblog.com/2009/01/26/ing-group-to-layoff-7000-employees/)





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  • Bhaskar_80
    06-10 10:28 AM
    Hi Gurus,

    I came to U.S in May 2006. The company for which currently I am working (Company A) filed my labor (EB2) in October 2009. The labor got approved in May 2010.
    My Visa is expiring in March 2011.

    Now the attorney has asked me for the documents to proceed with I140.Hopefully my I140 will be filed in couple weeks.

    Now my question is that, I am planning to change my job (to employer B) in September 2010.

    Please help with your valuable answers for the following questions:-

    1. How long does it take to get the i140 approved?
    (Regular/Premium)

    2. What will happen to the PD if employer A withdraws or revokes my I140 approval after I join company B? Can I still carry over my PD?

    3. At this point of time how long will I get the new Visa extension when I do the H1B Transfer from employer B?

    4. What are the documents I need from employer A if I have to carry forward my PD to the employer B's Green Card process?

    5. Does the new job need to be the same title and job requirements as the old one?



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  • texcan
    02-21 12:03 AM
    How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
    -a

    Lawyers are the sole reason for these confusion, you cant have lower pay than what is mentioned in LCA; you cant have higher pay than what is mentioned in LCA....
    I bet you a lawyer can and will justify both rules, why because this is what they do....;-)
    USCIS rules are such a mess.....god help us all.

    on lighter note...
    One other easier solution is "you promise to pay extra money to "desi_hydrabadi"
    issue solved...your salary matches LCA...desi_hydrabadi gets more money his salary matches LCA....

    both get GC...
    relax and live hapily....

    Just kidding man, donot think too much about it...i was worrying about this issue ( higher pay than LCA)...i did worry for quite a while and
    a good friend said donot worry ...something will take care of it...
    needless to say he was right...(economy did take care of issue for me...).





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  • sumansk
    09-26 04:52 PM
    Same thing with me.. every time I call they say wait 90 days.Even I tried to tell them that its more than 90 days old that I sent..without luck...
    Thanks



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  • rdoib
    07-23 10:36 PM
    with a GC already fatest option might be to go to Mahabaleshwar for some honeymoon:)





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  • DSLStart
    12-16 10:32 AM
    Very first thing hire your own attorney if new company is not providing one. Have your attorney send USCIS G-28 (change of attorney) on your 485 and other pending cases. Make sure the new attorney sends this out on the second day you meet him. This way your ex employer's attorney will have not control over your case. Spend money from your own pocket if new company not providing attorney as this is an important thing.

    I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.

    Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.

    1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?

    2...by submitting any paperwork to them can he hamper my proessing?

    3...Do i have anything to scare about?

    4...what should i do now?


    This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.

    I need help.....please let me know what should i do....please people help me....



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  • Libra
    09-15 10:39 PM
    I dont like selfish, coward, lazy people be my friends. Who can't stand up for thier families what can they for me.........





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  • webm
    01-26 10:34 AM
    If I check my case online I see following

    On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...

    On Receipt Notice I-797C -Notice of Action I see following

    Received Date : June 25, 2007
    Notice Date : July 25, 2007

    I dont know why online case status says that "On July 24, 2007, we received ...."

    Do anyone of you see such date mismatch.

    Thanks,

    Received Date : June 25, 2007 --- this is mail room received data
    "On July 24, 2007, we received -- this is the day when your 485 app entered into their crazy system (by a lazy IO)

    Gurus,share your ideas also..



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  • KKtexas
    11-25 04:31 PM
    vxb2004,
    Was there any LUD on ur 485 after u sent AC21 Documents in Apr?.





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  • steppenwolf
    09-26 04:57 PM
    that's interesting...
    i got my checks cashed on 9/21 but no receipt yet. i sent my application on 8/8 to NSC.
    online status says a notice has been mailed out - any clue how long this takes after the check has been cashed?



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  • tikka
    08-09 08:18 AM
    U definitely and and will :)

    /\/\/\/





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  • gceverywhere
    09-14 03:15 PM
    call the attorney who is working on your case and ask if it's a good idea to go...

    You will be surprised...Most attorneys are of the opinion that this rally is important and people who are impacted by EB GC dealys should meet with lawmakers to discuss the issue.



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  • kumar1
    07-20 11:20 AM
    Another simple option - Enjoy some time with her, take her to different places and forget about this craziness that is going around. After marriage, man, believe me, you will get enough time to browse through immigration related web site.





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  • eb3stuck
    09-22 07:20 PM
    Well, I don't see a problem with that. If you can file 485 without clearing 140, why can't you file 485 without clearing labor?

    We should stay modest? There are a lot of us who have waited 4+ years for labor. I think that's enough modesty and patience.


    I think this is still in USICS control to allow I485 to file even if priority date is not current.





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  • bp333
    07-26 10:57 AM
    What was your Priority Date?





    saileshdude
    09-07 10:49 AM
    Yes� It�s me Sreedhar. According to the conversation with my cousin, what ever I posted here is true. I am not sure what IO said is going to be happen or not. My cousin and myself working in the same office. I will keep update what ever happen to his case.

    -Sree

    Thanks for sharing this. I find it hard to believe what IO said (not you) . I think IO must have meant it will be current for PD 2003/2004 people. And using unused numbers from past is more of legislative thing that I am not sure if USCIS has the power to do it.





    digitalrain
    06-24 08:13 PM
    Hi, I'm in a desperate situation.I am an asylee and have filed for my LPR.My asylee relative petition has been approved for my wife.
    My problem is: a have a newborn baby who resides with my wife outside US and the US Embassy did not issue him any kind of visa,since my wife went for the interview after the petition was approved.She is all set and done,but my baby got born after I've been granted asylum and couldn't file the asylee relative petition for him.The law says that babies born after the asylum decision are not eligible for derivative asylum.I read that Humanitarian Parole would be a solution for these cases,but the officer at the embassy claimed that I should file a relative petition for him ,or file for humanitarian parole here in the US.
    My question is can my wife file for Humanitarian Parole at the US embassy,or is there any other way
    I read that US Embassies abroad are authorized to issue humanitarian paroles.I think this is the mos inhuman decision I ever heard of and it's about my baby.
    I would really appreciate any help

    (This is what I found on the internet)
    QUESTIONS SUBMITTED FOR NSC CONFERENCE CALL
    REFUGEE/ASYLEE ISSUES
    FEB. 28 2008

    5) I-730 CASE or HUMANITARIAN PAROLE? What can be done for the
    beneficiary spouse of an I-730 Asylee Relative petition if she gets
    pregnant and has a child (from the petitioner, of course) after the
    petitioner was granted asylum �therefore this new child is not considered
    a derivative- but before she completes the Visa 92 process at the US
    Embassy. Does the US Embassy have the authority to parole the
    newborn child for him to join the rest of the family in the US?

    Answer: If the child was in utero at the time of the asylum grant the
    regulations provide benefit to that child as a derivative under 208.21(b). If
    the child was not in utero and the relationship with the child was after the
    asylum grant, then a I-730 petition can not be filed on behalf of this child.
    The U.S. Embassy does have the authority to grant a humanitarian parole
    and that would need to be addressed with the U.S. Embassy.



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