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  • hsm2007
    09-23 10:03 AM
    Hi All,

    Employer A - original sponsoring employer. Got laidoff and joined B (large corporate). Before dates got current got offer from C and C applied for H1 transfer. Now received RFE on I-485 to provide EVL from current employer along with paystubs and W2.

    My problem here is that I consulted Murthy and they are saying that I need to make a choice between my current employer B and my potential new employer C whom I have not started working yet but they have filed for H-1 transfer. If I respond to the RFE using my current employer information then it is more straightforward but then I will need to stay with them if I get my GC right away after responding to the RFE. But if I use my new employer's letter then I don't have paystubs to show until I join them which won't be until the H-1 transfer goes through and I go through one payroll cycle. But that will be too late to respond to the RFE.


    If I don't join C then I need to pay for the H1 transfer that they filed and attorneys fees. At the same time I am also not happy with my current employers HR and attorney.





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  • bayarea07
    08-06 07:46 PM
    Read Post above yours and you will have the answer.

    Hello Gurus.

    My wife's and my I-485 status changed to 'Card Production' . PD Jan 2006.

    My wife is in India and scheduled to return on 25th of August on Valid AP. My question is if my can still use to AP to enter USA ?

    Appreciate your inputs.

    Thanks
    Mo





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  • rajmehrotra
    09-11 10:56 AM
    http://www.asianjournal.com/?c=201&a=29863


    "In a move to fix America�s broken immigration system, the House Subcommittee on Immigration approved H.R. 5882, a bipartisan legislation introduced by Representatives Zoe Lofgren (D-CA) and James Sensenbrenner (R-WI)."





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  • neoneo
    09-26 09:31 PM
    ---
    Hi,

    Thanks for your feedback:
    "I don't think CNN is to be faulted that much coz IV itself has lost its focus towards Employment Based Green Cards."

    Your comment doesn't make sense to me. Please explain.

    The point to be made is simple. Over last few months IV members, as an organization, with all it's diverse members and even more diverse immigration problems, in general have moved towards having an opinion and pushing an agenda in a direction which may affect H1-B, F1 visas and not directly EB Green cards.

    It would be more prudent if the message sent across is simple-- rather than use the term generic term of legal immigrants - it should focus towards EB-Green cards, coz very few (other than the stuck )understand that H1-B is non-immigrant visa and try to club the whole GC + H1B issue together.

    From CNN's point of view (and the whole world) the Legal immigrants are GC, H1, F1, B1, L1, etc .. the onus is on IV to clear that IV stands for EB based GCs. period. Use the term "Immigrant" wisely and sparsely.



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  • seahawks
    09-10 02:10 PM
    Guys, you have to move to Florida. When my wife and son were on H4 they were paying in-state tuition.

    this is copied from the catalog of the school:

    The following categories will be considered as Florida residents for tuition purposes:


    Active duty members of the armed forces stationed in Florida, or whose home of record is in Florida, and their dependents.
    Full-time instructional and administrative personnel employed by a public educational institution and their dependents
    Qualified beneficiaries under the Florida Pre-Paid Postsecondary Expense Program.
    In addition the following nonimmigrant categories are eligible to establish Florida residency: A, E, G, H-1, H-4, I, K, L, N, 0-1, O-3, R, and NATO I-7.
    Others as permitted by state statute or rule


    If only moves were so easy wouldn't all H1's be in Florida?

    We have different laws for different states, we have states where driver license is only given for the period on your H1, we have states where SSN is required for a drivers license but your spouse cannot get a license. Please be aware of everyone's plight. We are trying to bring awareness by keeping the larger picture in mind.





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  • svr_76
    06-10 12:45 PM
    I dont want to undermine the need of the hour to contribute to IV/other efforts however-

    From the content it appears the DHS secretary may not approve "a petition by an employer" for "any visa" authorizing employment in the United States unless the employer has provided written certification.

    This means that H1B and I-140 filed by any employer cannot be approved if they have not provided written certification regarding Layoffs. This further enforce Labor Certification and clients who are laying offing citizen/perm and then replacing them with H1B holder.

    EAD renewals are not "Visa" filed by employer that authorize employment. So I think that is excluded.


    What this seems to target are companies that layoff existing US employee citizen and immidiately replace/hire ppl on H1B or file labor certification/I140 for others. (e.g. Microsoft other companies which are replacing existing employees with H1B - for lower pay?).



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  • sc3
    10-16 01:40 PM
    I still don't believe that USCIS has no say in spill over - think again :)


    Yes, the spill over can be implemented differently -- USCIS is implementing the EB1 spillover incorrectly. No law needs to be changed to get USCIS to act in accordance with the law as is currently written; However good luck to you convincing IV to lend support to any EB3 cause.





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  • pitha
    01-02 04:10 PM
    Is there any way to find out the number of members in IV. I talked about IV with a lot of my friends and 6 of them have become members. It would be nice to know the number of members in IV just like we know the Percentage of Target Met for $ contributions.



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  • jonty_11
    07-11 01:52 PM
    If they want to make money, they no need to say that abt 2 year EAD at all.

    And also most of the EAD renewals are free of cost who filed after 30th June 30 2007.
    man this is US...here prices of goods are jacked up and then a big SALE sign is posted on the front door....

    Same for EAD...hey! will give u 2 year EADs, but only if your PD is not close...and then they make most of ours PDs close to the Cut off date..and Oops...now only 1 year EAD





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  • mpillai
    05-08 10:04 AM
    I feel your pain, But, what was the point of firing same requests to USCIS from thousands of users? Wont that cause more delay for some other FOIA requests? FOIA requests are required to be responded by law, so you are guaranteed a reply even if only 1 user files the request.

    I got a reply from USCIS saying that they can process the request sorted by priority date and country of birth of the applicant.



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  • guy03062
    12-12 04:18 PM
    I read news on oh law firm few days back that USCIS is planning to abandon concurrent filing (I140 + I-485). So when USCIS has power to disallow that, then they may have power to allow file I-485 when visa not available. This is just my thought. Anyway it does not hurt to find it out from USCIS officials, rather than asking some lawyer or interpret our own.

    Also when we ask lawyer about this, we may not get positive response as they may fear of loosing fees of countless H1B visa transfers.





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  • BlueSunD
    02-27 09:47 PM
    Thanks, a great place for tutorials on maya is http://www.learning-maya.com



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  • saro28
    07-12 06:48 PM
    Same boat as you! Legally in this country for more than 11 years! Hope they approve on time. Debating whether to extend the EAD or wait for the card


    understandably so.. but I am now current after a looooong time. EB3 Dec 2001 PD. I can finally file the AOS for my wife who has been on H4 for the last 2 yrs... excellent!





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  • NKR
    03-17 10:50 AM
    Before retrogression started in "October 2005 Bulletin, Nov 2005 effective", there are quite a few people who applied for I-485 and had PD upto sept 2004. Those cases are approved. I know couple of cases myself.

    I think I was current then and I missed out on that date since I was stuck in backlog elimination centre. you could be right.



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  • senthil1
    02-04 12:58 PM
    Most of your points are ok. But someone has to arrive with a calculation that how much improvement will EB3 get. If it is atleast 2 years then the time and money spent may be Ok. I am sure EB2 will get a very big benefit and I doubt EB3 will get much benefit. My assumption may be wrong. If it is ok even for small benefit we can go ahead with this campaign as the main aim is to remove unfairness in law.

    I have to say that I am a bit ticked off by your ignorance. Did not expect this from someone who has been a long time member. You should have thought it through. See my response below.





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  • Canadian_Dream
    12-11 02:43 PM
    Since this has always been pushed through legilative means (S.1932), there might be a hurdle involved in using "Rulemaking" approach to this solution, nevertheless this idea should atleast be explored. Here is how rulemaking procedures work in Govt Agency: (Adding Flexibility is something that can be done through Rulemaking).

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

    Adding flexibility. More detailed regulations allow for more nuanced approaches to various conditions than a single legislative standard could. Moreover, regulations tend to be more easily changed as new data or technologies emerge.



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  • snathan
    03-07 01:00 PM
    i need to accomodate people coming from NJ, CA, FL.
    if anyone wants to offer place at their home please let me know.

    You forgot people from TX....? I need accommodation.

    thanks





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  • meera_godse
    01-30 01:28 PM
    thank you all for your time and advice.
    is there a website where i can find reviews of such companies.





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  • aquarianf
    07-31 03:03 PM
    I reviewed copy of I-485 packegae and found that attorney didn't include Employment letter with package. I filed in June I already received filing numbers.
    When I asked attorney why it wasn't sent, her response was that there are around 15 people from company who filed in month of June/july and she didn't included EVL for all of them. Also there are around 8 people who got their GC in my company in last 2 years and she didn't included EVL for all of them.





    saimrathi
    07-05 02:05 PM
    Damn straight, I am one of the free riders.. But I contribute back by doing the work... I have emailed and called media personnel, office bearers etc.. why should I pay on top of that?? When I make the calls, write the emails, I dont think I will be singled out and the only person to benefit out of it...

    Once again, please focus on the issues at hand, once the VB fiasco has died down, we will have a lot of time on our hands to work out payments on the site...

    My checking this thread is probably bumping it up, so i'm not coming back here.. dont bother to reply, i dont subscribe to the threads..



    Sai,

    I DO THAT PART. PLEASE DO NOT MAKE ANY ASSUMPTIONS. IF YOU ARE NOT ONE OF THE FREE RIDERS HERE THEN YOU WON'T BE BOTHERED BY DISCUSSION HERE. PLEASE EXCUSE ME FOR BEING RUDE ... YOU KNOW YOU REAP WHAT YOU SOW :(





    delhiguy
    07-09 04:05 PM
    Delhiguy,
    YES! They did broke law by provisioning visa numbers for applications that had not cleared FBI check. Their book clearly says the visa number needs to be alloted only after the application is 100% ready for adjudication.


    Are we 100% SURE that this happened???

    Is there any clause in the law, which lets them do this ,If FBI doesnt give any information for 6 months/1 Year... I dont know , so i will let the court decide.



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