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  • h12gc
    06-25 05:52 PM
    Hi,

    I have posted the same issue in another thread but i did not get any response So I'm changing the title and reposting.

    I have been working for my current employer from last 4 years.I have good relations with my employer.I have 140 approved and my 485 is pending for more than 180 days.Now I want to join any new employer using my EAD.But I don't want to invoke AC 21.If my dates are current again and if i get any RFE I will submit the offer letter from my old employer.

    My case is I'm using EAD after 140 is approved and 485 is pending more than 180 days and joining a new employer.As GC is future employment I can always say that I will join my old employer when ever i get a GC.This way I can avoid AC 21. Also If my employer doesn't give me the offer letter I can still manage to get it from any Consulting firm with same job title and same salary.

    Can any one suggest me on this?



    Thanks
    h12gc




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  • retropain
    08-24 06:05 PM
    greatguy, you sound like a great guy. But honestly the idea isn't too great...especially nowadays with such much immigration scrutiny, tightening of regulations, deportations, etc. A five year old labor sub, that too unapproved, isn't going to be approved easily...maybe you should file a PERM based petition and get that approved in a month or two and that way atleast you secure a 2006 PD. If some relief comes in, you're wait shouldn't be too long...




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  • vikram2101
    08-02 05:34 PM
    Can people share their experience with same day counter passport collection from the vfs courier center at Chennai.

    Reason I ask is, I and my wife have a 9AM appointment on 14th August. And Aug 15th being a holiday on account of India's Independence Day. Since we have to be in US on the 16th August to file for I485, getting the visa on the 16th would be too late. Therefore, it's critical that we collect the passport the same day.

    Is anyone else in a similar situation? Should I inform the consular of our same night travel plans or is that ill-advised?

    thanks




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  • kiran_k02
    01-17 02:45 AM
    Kiran,

    My wife and I plan to go to Delhi in the first week of Feb, have not booked the actually appointment yet but plan to. Couple of questions.

    Was the calendar fairly open in Delhi for you to book appointments? Can you suggest a hotel that you stayed in and liked, etc..?

    Thanks.

    Luckily I have relatives living in Tuglak Rd, I stayed with them. It was 10 mins ride from there to Embassy. I have stayed in Claridges(5 star) before(my prior trip), it is very close to where I was staying. It should be a short commute to Embassy from there.

    Regarding the calendar you can check it yourself without entering much of your personal details. Please visit Consulate's Website (https://www.vfs-usa.co.in/Frame.aspx?param=r5aet9OquDCCpqtL7MwZsxSnGx5+wcDKT YTSdW+egKbzRA9SqkEULWVk18pE8XpX)



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  • willwin
    06-30 02:03 PM
    Pappu,

    Now, is this an indication that the chances are in favorable of a the bills not passing before the new government?

    Can you atleast say which way it is going? People awaiting reform can relax for 6 months as well.

    I see few volunteers encouraging members to call representatives and also help IV by contributing financially - and they update the forum almost every 5 minutes (thanks to their dedication) - but if the efforts are not going to materialize NOW - should we not relax until the time was appropriate?

    Correct me if I was wrong.




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  • lostinbeta
    10-21 04:13 AM
    Hey, this is MY thread and I will delete any argumentative posts about sports teams :)

    I personally don't root for any team. Not much of a sports fan.... odd really considering every guy in my family is, but then again I am nothing like anyone else in my family... so that could be why.



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  • Dhundhun
    06-11 09:10 PM
    I E-filed my EAD application and sent the supporting documentation to the location on the confirmation page. To day I see the following notice:
    "We attempted to deliver your item at 1:51 PM on June 11, 2008 in MESQUITE, TX 75185 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later."

    Is there something I can do to resolve this?
    I sent the application to the following address:
    USCIS TEXAS SERVICE CENTER
    Atten: E-File I-765 PO BOX: 852401
    MESQUITE, TX 75185

    How did you sent it? If USPS, PO BOX is supposed to be in their premesis and supposed to be always deliverable.

    Is it like Box was FULL? I think, this message is by mistake. BTW, are not we supposed to use full nine digit ZIP 75185-2401




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  • ilikekilo
    05-04 09:54 AM
    Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?

    post this Q on the lawyer forum someone might respond for FREE :)



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  • gandalf1234
    02-10 03:58 PM
    Sharma ji -

    I heard 6 mths but there is no written rule .

    Please do not hijack my thread .....

    This thread is about H1-Extension pending after 485 approval




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  • apahilaj
    09-19 02:42 PM
    Just an update -

    I just called USCIS for the FP notice and she mentioned that the appointment has been ordered but the notice has not been sent yet. Probably because the newark ASC must be overbooked. She asked me to wait for 30 days from now and if I don't receive anything, call them back.

    Will wait and hope...



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  • Rolling_Flood
    09-24 01:14 AM
    lazycis,
    Thanks.

    Was your answer regarding your case, or other case(s) that you may know about?

    Related question, did you (or the other people) face considerable hassles for their I-485 approval(s)?


    "Yes" to both questions.




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  • pappu
    02-13 03:32 PM
    Congratulations. Could you update your profile please.



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  • ameryki
    09-21 05:27 PM
    Just a quick update for future readers incase they get in to a similar situation as mine. Upon finding out that "transportation letter" might be a possibility my wife approached the United States Embassy in New Delhi (Key here is Embassy) the reason I say that is TL's are issued from Dept of Homeland Security which is always based out of an Embassy outside the US and not consulates. One has the option of applying for this at a consulate but they turn around and send all the informtion to DHS (at the embassy). This just takes too much time. At the embassy it wasn't too much trouble or no convincing needed however just to get the process done and receive the paper work in hand it took a good 4 business days and persistance. Also once you receive a transportation letter it is recommended that you shoot for a non stop flight since the TL's are 2 copies in a sealed envelope (1 for the immigration from your departure destination and the other for your immigration at the port of entry) before issuing a TL the embassy will ask you for your port of entry since the TL is addressed to that port. Lastly they did not charge anything for this but upon reading some other old posts in some forums if you go to a consulate they charge $180 for this. Hope no one has to go through this but if you do above is a debrief of what to expect.




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  • augustus
    05-05 10:52 AM
    Don't worry about this. My husband too got a similar RFE with regards to employment verification. Your wage being higher should not pose any problems to you. I believe this kind of RFE is more rampant now considering the economy and the recession we are in.


    Gurus / Attorney,

    Please suggest..

    I got RFE for my employment verification and bona fide marital status..I have following questions..

    I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.

    I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.

    I would highly appreciate your any advice in this regard.

    Thanks,

    EB2 - India / PD 04/06, I485 receipt date 09/07



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  • vallabhu
    01-14 12:22 PM
    The source is Immigration-law.com

    This bill was introduced by Rep. Shela Jackson-Lee of Texas. Here is the full-text of the bill. It is a shocker, highly prejudiced against the employment-based immigration. Another shocker is a proposal to increaase Diversity Visa from 55,000 to 110,000 when the general opinion in the Congress was even to eliminate the DV program.

    SEC. 701. UNFAIR IMMIGRATION-RELATED EMPLOYMENT PRACTICES.

    Section 274B (8 U.S.C. 1324b) is amended--
    (1) in subsection (a)(5)--
    (A) by amending the paragraph heading to read `Prohibition of Intimidation, Retaliation, or Unlawful Discrimination in Employment';
    (B) by moving the text down and to the right 2 ems;
    (C) by inserting before such text the following: `(A) IN GENERAL- '; and
    (D) by adding at the end the following:
    `(B) FEDERAL LABOR OR EMPLOYMENT LAWS- It is an unfair employment practice for any employer to directly or indirectly threaten any individual with removal or any other adverse consequences pertaining to that individual's immigration status or employment benefits for the purpose of intimidating, pressuring, or coercing any such individual not to exercise any right protected by State or Federal labor or employment law (including section 7 of the National Labor Relations Act (29 U.S.C. 157)), or for the purpose of retaliating against any such individual for having exercised or having stated an intention to exercise any such right.
    `(C) DISCRIMINATION BASED ON IMMIGRATION STATUS- It is an unfair employment practice for any employer, except to the extent specifically authorized or required by law, to discriminate in any term or condition of employment against any individual employed by such employer on the basis of such individual's immigration status.'; and
    (2) in subsection (c)(2), by adding at the end the following: `The Special Counsel shall not disclose to the Secretary of Homeland Security or any other government agency or employee, and shall not cause to be published in a manner that discloses to the Secretary of Homeland Security or any other government agency or employee, any information obtained by the Special Counsel in any manner concerning the immigration status of any individual who has filed a charge under this section, or the identity of any individual or entity that is a party or witness to a proceedings brought pursuant to such charge. The Secretary of Homeland Security may not rely, in whole or in part, in any enforcement action or removal proceeding, upon any information obtained as a result of the filing or prosecution of an unfair immigration-related employment practice charge. For purposes of this paragraph, the term `Special Counsel' includes individuals formerly appointed to the position of Special Counsel and any current or former employee of the office of the Special Counsel. Whoever knowingly uses, publishes, or permits information to be used in violation of this paragraph shall be fined not more than $10,000.'.
    SEC. 702. DEPARTMENT OF LABOR TASK FORCE.

    The Secretary of Labor, in consultation with the Attorney General and the Secretary of Homeland Security, shall conduct a national study of American workplaces to determine the causes, extent, circumstances, and consequences, of exploitation of undocumented alien workers by their employers. As part of this study, the Secretary of Labor shall create a plan for targeted review of Federal labor law enforcement in industries with a substantial immigrant workforce, for the purpose of identifying, monitoring, and deterring frequent or egregious violators of wage and hour, antidiscrimination, National Labor Relations Act, and workplace safety and health requirements. Not later than 18 months after the date of the enactment of this Act, the Secretary of Labor shall submit to the Congress a report describing the results of the study and the Secretary's recommendations based on the study.
    SEC. 703. RECRUITMENT OF AMERICAN WORKERS.

    Section 214 is amended--
    (1) by redesignating subsections (m) (as added by section 105 of Public Law 106-313), (n) (as added by section 107(e) of Public Law 106-386), (o) (as added by section 1513(c) of Public Law 106-386), (o) (as added by section 1102(b) of the Legal Immigration Family Equity Act), and (p) (as added by section 1503(b) of the Legal Immigration Family Equity Act) as subsections (n), (o), (p), (q), and (r), respectively; and
    (2) by adding at the end the following:
    `(s)(1) No petition to accord employment status under the nonimmigrant classifications described in sections 101(a)(15)(E)(iii) and (H) shall be granted in the absence of an affidavit from the petitioner describing the efforts that were made to recruit an alien lawfully admitted for permanent residence or a citizen of the United States before resorting to a petition to obtain a foreign employee. The recruitment efforts must have included substantial attempts to find employees in minority communities. Recruitment efforts in minority communities should include at least one of the following, if appropriate for the employment being advertised:
    `(A) Advertise the availability of the job opportunity for which the employer is seeking a worker in local newspapers in the labor market that is likely to be patronized by a potential worker for at least 5 consecutive days.
    `(B) Undertake efforts to advertise the availability of the job opportunity for which the employer is seeking a worker through advertisements in public transportation systems.
    `(C) To the extent permitted by local laws and regulations, engage in recruitment activities in secondary schools, recreation centers, community centers, and other places throughout the communities within 50 miles of the job site that serve minorities.
    `(2)(A) The Secretary of Homeland Security shall impose a 10 percent surcharge on all fees collected for petitions to accord employment status and shall use these funds to establish an employment training program which will include unemployed workers in the United States who need to be trained or retrained. The purpose of this program shall be to increase the number of lawful permanent residents and citizens of the United States who are available for employment in the occupations that are the subjects of such petitions. At least 50 percent of the funds generated by this provision must be used to train American workers in rural and inner-city areas.
    `(B) The Secretary of Homeland Security shall reserve and make available to the Secretary of Labor a portion of the funds collected under this paragraph. Such funds shall be used by the Secretary of Labor to establish an `Office to Preserve American Jobs' within the Department of Labor. The purpose of this office shall be to establish policies intended to ensure that employers in the United States will hire available workers in the United States before resorting to foreign labor, giving substantial emphasis to hiring minority workers in the United States.'.




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  • larmani
    09-17 08:08 PM
    We received our receipts on Aug 24 and we haven't got any FP notices. Ours is TSC.



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  • SR2610
    07-12 02:25 PM
    I got different answers from Khanna and Murthy.

    Khanna office saying we can apply for 485 with old priority date(140 will be approved with new pritority date), murthy office said it's better to get 140 approval with old priority date and then go for 485.

    check with your attorney.




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  • cool_guy_onnet1
    02-21 09:37 AM
    This is the EB1 the usage for the last 14 years

    06 = 36,960
    05 = 64.731
    04 = 31,291
    03 = 14,544
    02 = 34,452
    01 = 41,801
    00 = 27,706
    99 = 14,898
    98 = 21,408
    97 = 21,810
    96 = 27,501
    95 = 17,339
    94 = 21,053
    93 = 21,114

    The limit was at least 40.040 for each FY. In FY 06 it was 41,170. As you can see the limit has been reached twice in the last 14 years.

    I went to REC (one of the top 20 schools in India) did my Mastrs in Full scholarship and have International papers for IEEE + Few Algorithms that have been presented at Int. Conferences,( I could not attend the conf. in Paris since I did not want to go and get stamped and go through all the hassel- Go figure). I am an Ideal candidate for EB1 but my lawyer said there is a 50/50 chance for further enquiry and it will only delay the process.

    I know, I know but trust me, I was a University topper in Probablity and AI theories and I decided to chicken-out.
    Not because I am afraid of enquiries, I just dont want to raise any flags. I want to keep working, Hopefully get my GC within few* years and then prove myself .
    I applied under EB2 only because I don't want any enquiries and I know these POS lawyers will only delay the RFE's.

    Anyway, I was just frustated, sorry about this rage but just needed an outlet.

    People will only file under EB1 when A) They are not from India/China and They are not afraid to go and face any flags.
    & /OR B) They have good lawyer, who is very much prudent and willing to take chances.

    Any other theories and welcome

    *CONDITIONS APPLY LOL




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  • gc_eb2_waiter
    07-06 10:27 AM
    As part of Class action lawsuit can we ask for recapturing of all unused visa numbers? I believe the number is at least 300K, it covers the green cards for 2003, 2004 and 2005. 2006 can go with 2008 quota. So everyone will be happy.

    I believe this is the provision we should fight for instead of CIRcus.

    What are your thoughts?

    Thanks
    Sree




    superdude
    07-19 01:18 AM
    My lawyer sent me the fedex tracking sheet for the I-485 package sent to:

    USCIS
    Nebraska Service Center
    850 S Street
    Lincoln, NE 68508

    I did not see any PO Box on the Fedex tracking sheet. I am not sure if she put the PO Box on the shipping label or not??

    Is it a big deal?? Will my application be accepted.

    Please help

    It is avery common address. Track the shipment via SedEx, It will be delivered.




    go_gc_way
    07-12 03:18 PM
    when you file for the 485 you can use old priority date. priority dates can be transferred if old 140 was approved and you changed the company to restart the process all over again.

    Can you use an PD from an old labour application, that was approved but the labour has been used for another employee?

    I think not as from your answer it appears , labour & i-140 must have been approved for the same person, just wanted to get it clarified.

    Thanks.



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