Saturday, June 11, 2011

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  • immilaw
    09-15 08:48 AM
    How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?





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  • trueguy
    08-11 10:53 AM
    Hi WillWin,

    Can you add 2002,2003,2004 also, so that its easy to estimate for the later dates and count how many are ahead of us..

    Please vote here for prior to 2004 cases;

    http://immigrationvoice.org/forum/showthread.php?t=20768





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  • nepaliboy
    08-06 07:16 PM
    i saw lud on i-140 in 7-13-08 and lud on i-485 on 7-22-08 but my PD is not current .
    i am Row pd 2005 september.





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  • husker
    09-30 12:11 PM
    :confused:
    All,
    Just curious to know how will a FP notice help. If you get an FP notice how useful is that, its just one process. Or am I missing something. I did receive ASC notice from TCS, I think its moved from NSC to TSC (not really following what is going on, lawyer not giving information). Should I be happy?! I have not received any AP or EAD notice.



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  • jetflyer
    08-06 05:05 PM
    Looks like nobody got Welcome email lately?? Is that good sign for future date movement?:)





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  • yogeshmanohar
    09-14 11:56 PM
    A very smooth experience..! wife , Son and I came back on last Sunday on AP. No issues whatsoever. Had to go through secondary inspection but was through in 35-40 mins.



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  • smuggymba
    07-20 01:18 PM
    Take a screenshot and attach it quickly..
    This needs to be checked... It is illegal. They have crossed the line very clearly..

    I have taken a screenshot. There are too many errors in this ad, there are chances that this might be posted from Dubai by someone on craigslist. I doubt US based recruiter would use this language, they very well know what can happen to them.





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  • EB3_SEP04
    01-29 03:43 PM
    USCIS might be processing the applications in the order of recipt date
    (need not adjudicate the application which is based on priority date)

    So, i think USCIS can process applications without priority date being current.

    I think this is correct. They can have the app reviewed and mark it approvable if it has all the necessary documents, then when the PD is current (meaning visa number available) they will pull it off the shelf, allocate visa number to it and send out the approval notice.
    That's my guess, I have not seen their SOP (std operating procedure).



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  • InTheMoment
    10-07 02:11 PM
    Yes, definitely update the I-9. Also as rockstart suggested you are now in AoS status or in legalese - "Period of Stay Authorized by the Secretary of Homeland Security".

    Also note there is nothing such as as dual H1-B and AoS status at any time.





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  • kondur_007
    08-16 06:29 PM
    Hello everyone -

    I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:

    1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?

    2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.

    Original title - Transportation Analyst/Engineer with 55K as salary

    New Title - Director of Transportation Systems and Services Engineering with 135K as salary

    Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.


    Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.

    best,


    I am not a lawyer, but to the best of my knowledge I can answer as follows:

    1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.

    2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.

    Good Luck.



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  • mingan
    12-19 02:10 PM
    Jut get a notorized letter from a ex-employee preferable lead and manager. Also it would be nice if she/he gives it in letter head

    you mean ex-employee on his current employer's letter head? does it work?





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  • teachamerica07
    09-04 04:58 PM
    Yes. Reenter on AP .



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  • kirupa
    01-17 09:22 PM
    Added!





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  • logiclife
    04-12 12:08 PM
    Here is the link to wikipedia article on Immigration Voice:

    http://en.wikipedia.org/wiki/Immigration_voice

    Thanks,



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  • simple1
    10-07 04:03 PM
    you can be legally self employed/direct-contractor/consultant (fulltime, same or similar with earnings >= the one in perm) in EAD after Ac21.

    Before jumping in, Talk to good attorney to find out the a2p and evl processes for self employed after ac21.

    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    Question 8. Can an alien port to self-employment under INA �204(j)?
    Answer: Yes, as long as the requirements are met. First, the key is whether the employment is in a
    "same or similar" occupational classification as the job for which the original I-140 petition was filed.
    Second, it may be appropriate to confirm that the new employer and the job offer are legitimate
    through an RFE to the adjustment applicant for relevant information about these issues. Third, as
    with any portability case, USCIS will focus on whether the I-140 petition represented the truly
    intended employment at the time of the filing of both the I-140 and the I-485. This means that, as
    of the time of the filing of the I-140 and at the time of filing the I-485 if not filed concurrently, the I-
    140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended
    to undertake the employment, upon adjustment. Adjudicators should not presume absence of such
    intent and may take the I-140 and supporting documents themselves as prima facie evidence of such
    intent, but in appropriate cases additional evidence or investigation may be appropriate.





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  • rameshk75
    02-12 03:38 PM
    I think you are not Out of Status as your H1 renewal is pending. You can wait for your exyension...



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  • uslegals
    11-12 08:59 AM
    thanks desertfox ! i I did apply before July 30, 2007 (recd. date for 485 is 7/17/07) which means that i do have to pay the fees for AP. I will go ahead and apply online.

    Enjoy the weekend!





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  • muthukmk
    08-03 05:54 PM
    Hi all,

    My job duties are in fact the same and there is no change. My compay lawyer had incorrectly filed as EB3 as my initial job position said bachelors plus 2 years of work experience. I had five years of experience before joining this company.


    Regards,





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  • PBECVictim
    07-13 01:44 PM
    Nothing





    blogger
    06-24 11:27 AM
    Can you share you're thoughts for my post?

    I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.

    Thanks,
    Jayant





    satyasaich
    06-11 04:23 PM
    Friend

    There is already another thread for this AND by the way july bulletin is not out yet, may be in the next 4 or 5 days

    Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?

    Zee.



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