Friday, June 24, 2011

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  • RiaonH4
    01-18 11:13 AM
    Cool. Thanks for your replies. One more question. Are you guys currently in US and have applied 485. How do i use Canadian citizenship and 485 pending to maximize my opportunities in us and also have Canadian citizenship as a backup?

    Ria
    :D

    King37 sent you a PM




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  • Prashanthi
    06-26 01:41 PM
    No matter what the employment contract states as the penalty for leaving the job. If your employer files a case against you for breach of contract the court will decide what damages if any need to be awarded, they will look at all the circumstances involved, you can also file a counter claim for any money you think is owed to you by the company. The court will not honor a predetermined amount mentioned in the contract as damages.




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  • shantak
    04-29 02:19 PM
    You are missing a point here. I am on H1 through another desi firm. I stayed with them for 3 years and now my extension is coming up.My spouse's PD is May 2006 , his I-140 is approved and luckily he was able to apply for AOS last year during July fiasco. So I was able to apply for AOS as derivative on his 485. But because it is advisable that to maintain non-immigrant status while our AOS is pending I am confused whether to extend my H1 through my employer or use EAD that I got through my spouse. As you all know being able to apply for aos was very lucky opportunity last year and I do not want to mess up my aos application in anyway. I am concerned that if I am not able to respond to RFE in my H1 extension , it will affect my aos if they dig up my past.

    I would not get too much worried, firstly apply for H1 extension, if by any chance you get an RFE and if you think you will not be able to answer it then withdraw the petition and shift to EAD.




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  • gsvisu
    07-12 08:54 AM
    I would say put 'Retrogressions' and waiting periods also in perspective.

    In the world and era of progression
    We get the word of 'Retrogression'



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  • eb3_nepa
    01-14 03:07 PM
    Only H1 reform is likely by feb 15th.

    Ok so any news on that front as to when the H1B increase bill will be introduced? Is that bill still on target?




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  • InTheMoment
    11-25 05:12 PM
    USCIS systems that the generic CS rep sees or the CLAIMS3 systems that the IO sees doesn't have any info about AC21 docs that you sent them.

    Like someone suggested it is a very good idea to keep the original attorney (might not happen in all cases such as when your other company is a direct competitor. Depends on the lawyer). I did the same did not have to pay anything to my attorney to maintain my file.

    I sent my AC21 docs to NSC against the advise of my attorney (I surmised that that I would waste time and money if USCIS ever sends a EVL RFE). I think that was a good decision as I got the I-485 approved soon.

    Also I see from the FOIA request that I made, that the AC21 docs that I sent were indeed in my file when the decision on my file was made.



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  • VDaminator
    06-09 07:51 PM
    Here is my return volley it didnt come out the way I wanted but I kind of like it the way it is.




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  • balan2008
    07-08 01:19 PM
    Thanks guys for your valuable support and advice.

    balan.



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  • gcisadawg
    04-07 05:06 PM
    sam_gc,

    Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.

    There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!

    Rgds,
    gcisadawg




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  • punjabi77
    08-07 10:10 PM
    I have filed for my EAD and 485 in july 2007. I have not got my EAD due to Name check (dont know why they cannot issue EAD bcos of name check).
    Well in my case USCIS did not give me any information.
    So i had to call the senator office. Their office contacted the TSC, and got the information that my case is pending Name check.
    Now i know my case is pending name check, whenever i call USCIS, they submit a request to provide me an update and ask me to call after 1 month, 2 months and like that.
    So i have stopped calling USCIS and directly call the Senator office.
    Infopass does not show any appointment dates in Altanta region. So i am relying on the Senator office.
    So may be you can try calling the Senator office and ask them to followup with your case.



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  • GCEB2
    09-20 11:06 PM
    Thanks for the info. how about areas like simivalley, santa clarita, do you get houses for 300 to 350 and

    And also around bay area- san roman, liver moore are they good neighbourhood. Also which has more jobs in datawarehousing is it LA or bayarea.




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  • mayurcreation
    10-05 05:23 PM
    Who can file under EB2 categary?

    I have One yr experience from London and One and half year in USA. Can I file my GC under EB2 categary after Two and half year wich will complete my total 4 yrs of experience in I.T. ?

    Any suggestion are welcome...



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  • greencard07
    09-26 10:18 AM
    Hi All,

    NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.

    Thanks!

    July 2 filer with NSC, receipt notice on Sep.7, Spouse's EAD approved and card ordered today. But mine is still pending. It seems NSC is speeding up for EAD. Good sign anyway.




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  • Macaca
    12-07 09:50 AM
    Chang from Cap Exempt to Cap Number H1B requires that you file the change when the visa is available during the FY which in H1B case is April 1st. The years spent on Cap Exempt status like not for profits is counted towards the 6 Yr limit.

    I transferred H1B from a teaching job (cap exempt) to a consulting company. As far as I remember, the H1B quota for companies was over at that time. I did not hear any complaints. Maybe my lawyer took care of it.

    You should check to make sure.



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  • pkv
    06-03 02:15 AM
    Though I sent webfaxes, But I am not very convinced.
    Its same text in every fax. Its not personalized.

    For senatores it will be a spam kind of thing. So many faxes with just different name but same text.

    I am not also happy about language. Its not very effective!!!




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  • 485Mbe4001
    05-17 06:31 PM
    question along the same lines, any idea how much it costs to get LC via perm?



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  • atlgc
    11-09 09:32 AM
    the attroney preparing with masters plus 7 years experience

    he says not every application get audited but there are chances

    per him its not post masters years ,its over all experience




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  • gc67890
    11-16 10:19 PM
    IV gurus Please help.

    My friend joined an X company short time ago. He was about to file GC with that company. The company laid of people in the last week.
    Now they are saying to my friend that they cannot file for his labor as they have laid of people and they have to wait 6 months before filing.

    Is it true if a company laid of people it should wait 6 month before it files for labor again?
    Is there a way to avoid the waiting period.

    My friend is in 5 th year of his H1B

    Thanks




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  • priderock
    06-16 01:59 PM
    Once you file for 485/AP/EAD, I guess the rule is that you cannot switch jobs for 6 months.....

    1. can we choose the start date of our EAD or does USCIS decide that date?

    2. can you have separate start dates for you and your wife's EAD?

    3. does the new job have to be exactly the same title or can it be a new title? e.g. if your current role is a software engineer, can the new one be a Project manager?

    thanks

    1) You can stay in your H1 status (assuming you are currently on H1) even after applying and getting your EAD. You can decide when to use your EAD.

    2) Your wife can start using EAD even though you are still on H1.

    3) You can use AC21 provision and change to a different company provided:

    a) Your I140 is approved
    b) Your I485 is pending for at least 180 days
    and
    c) The new job is significantly similar to the existing job. Must be doing at least about 60% same tasks. (Ex : Developer to a Tech Lead or an architect). Developer to Project Manager , I doubt.

    Note: I am not a lawyer , seek legal help in doubt.




    Hinglish
    01-08 12:44 AM
    Thank you qasleuth ..... ..... ..... ..... frack you
    Just read your post and you will see the same dastardly mistakes that I supposedly made.

    Can you phrase a single complete sentence without '.....' ?
    Dastardly means cowardly. What does "dastardly atrocious english" mean in the context of Neha's post ?
    Sentences start with capital letters, need to have commas, and there should be proper usage of articles. I can point out atrocious mistakes in every sentence of your post.
    Apart from your atrocious English, your profile is incorrect, your presumptions/tone is even more atrocious (addressing the poster as 'Miss', using words like 'hell'). Best of luck.




    deecha
    07-16 01:25 PM
    Hello,

    I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.

    That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?

    Thanks for going through my post.

    This is a huge gray area and I find myself in a similar predicament. According to AC21 if you change jobs, you must be in the same or similar occupation. Now, if you're going to file EB2, then obviously the job has different requirements. If you can somehow prove that the new job is "similar" to the old position, yet it requires some kind of advancement to justify EB2, you can do what you're attempting to do. Maybe software engineer --> technical architect is justified under AC21, however technical architect needs (say) 7 years of experience + Bachelors in CS. I believe in such a situation, you should be ok. However I don't think you can count any experience in your new company towards the EB2 sponsored in your new company.

    In any case, I am not a lawywer. It's best to consult an experienced attorney and get this sorted out.

    One more thing, I would highly appreciate it if you could post your findings in this thread/forum.



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