Tuesday, June 14, 2011

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  • pappu
    08-21 10:21 AM
    Its a window of opportunity for us.
    lets all email the following expressing support and hoping for some relief measues for highly educated skilled immigrants.:
    ===
    Wite email addresed to:
    Harold McGraw III
    Chairman, Business Roundtable
    Chairman, President & CEO, The McGraw-Hill Companies
    info@businessroundtable.org
    and co-address to any 1 of the following:
    Edward B. Rust, Jr.
    Co-Chairman, Business Roundtable
    Chairman & CEO, State Farm Insurance Companies

    Kenneth I. Chenault
    Co-Chairman, Business Roundtable
    Chairman & CEO, American Express Company

    John J. Castellani
    President, Business Roundtable

    Larry D. Burton
    Executive Director, Business Roundtable

    Johanna I. Schneider
    Executive Director, External Relations
    ====
    then also email to the magazine that published this article expressing support for such initiative and hoping for something to be done this year before elections. send the letter to the editor so that editor can print in next issue right when this issue is debated on the floor (hopefully). This magazine is read by scientists and it will generate awareness in the community for our cause. Today the nation seems more inclined towards border security and enforcement rather than immigration reform bill. However increasing America's competitiveness in science and technology will have several supporters across party lines.
    science_editors@aaas.org (general editorial queries)
    science_letters@aaas.org (queries about letters to the editor)

    send to both email ids
    ---
    Members with good with writing skills please post your letter drafts on this thread so that others can also use your letter and can send it.
    ===





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  • Maverick_2008
    04-16 03:51 PM
    Is it true even for principal applicant? If 140 is denied, isn't your EAD invalidated? In other words, if 140 (immigration petition) is denied, there is nothing to adjust your status on and so even 485 becomes invalid.

    Folks, please enlighten me, if I'm missing anything here.

    Maverick_2008



    No.

    Her EAD is tied to her 485 not to your 140. As long as the 485 status is pending, her EAD is valid. Even if the 485 is rejected, if it is something that can be fixed thru an MTR, then filing an MTR and changing the status back to pending is still fine. It is not necessary to stop using the EAD for that brief period.





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  • gc28262
    01-16 03:29 PM
    Lofgreen's office entertains calls from her constituents only. This is my experience when I tried to call her office last year.

    Please correct me if I am wrong.





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  • raysaikat
    01-20 07:47 PM
    According to federal law, if you've had coverage for 6 months prior to changing your coverage to the new insurance, they can't refuse to cover pre existing conditions. They may try, I just had to fight this out with CIGNA. They lost. However if you let your coverage lapse, you can get hit with this.

    If you are talking about HIPAA, then that generally applies to group plans (offered by your employer), not individual plans that we are talking about in this thread.



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  • don840
    04-03 08:03 PM
    The work location in LCA was company headquarter in Houston. H1 petition was submitted with LCA from Houston.
    I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.





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  • kaisersose
    04-16 02:29 PM
    Hi Gurus,

    I am on 9th year H1B extension.I filed I140/485 concurrently in June 2007 and on April 11th I got the denial email for I140.
    No RFE/NOID received.

    Here is my case.

    PD May 2003, EB2, own labor. During Dec 06, the labor was converted from NON RIR to RIR and amended to accept BS+5 OR MS+3 to reflect the current state.

    I-140/485/EAD/AP applied in June 2007, NSC and received EAD/AP and used AP recently. My H1B valid till Feb 2009.

    After 5 stressful days finally today, we got the denial notice and it looks like USCIS assumed my Labor under EB3 classification and rejected my I140 where as the labor certificate is approved under EB2 classification. our attorney believes that its the result of an overlook by IO at the amedments made to the original labor.

    Please let me know what options I have.


    Thanks
    GCWarrior

    If your attorney is right, then you have nothing to worry about. An MTR will fix the problem.



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  • andy garcia
    07-30 02:26 PM
    Even FP notice? I think it comes directly to you..

    You are correct, they get a copy.





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  • p7810456
    01-10 03:57 PM
    munabhai
    i filed my I-140 in may 07 and got RFE in NOV-07 and replied in dec07.

    which center, gcphul?



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  • chanduv23
    12-24 02:25 PM
    Please post your own blog sites here if you have written articles about immigration and have any videos, cartoons, PSA etc....





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  • insbaby
    04-08 12:40 PM
    Its time to file for my EAD. I was wondering what option people prefer most these days. Online or Paper?
    Please vote.

    Paper is at least $150 more (lawyer fee), but saves your visit to INS office for finger printing.



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  • HumJumboHathuJumbo
    01-02 03:51 PM
    presuming 3500 visas for EB3 from india per year, given about 350,000 were filed recently and presuming about half of that were EB3 india, that means 175,000 are in front of you from India on EB3. so my pd of jan 2006 would become current in about 48 years and yours in about 50. now, others may speculate and extrapolate and say that it's likely to be within a decade based on past experience - i.e RoW not using up its quota and hence spilling over to India, but India EB2 itself is backed up pretty badly & it gets a first shot at it so after these geniuses go green, we get to use that. But again, thats just speculation - so nothing is certain except that it wont be no longer than 50 years based on current law, that too presuming the current law stays as is. lets hope iv succeeds in the backlog efforts in which case the wait would probably be around 3/4 years.

    You seem to be knowledgeable. can you tell anything about EB3 October, 2003 Priority Date?. when will people with that PD be able to file I-485(someone i know missed this year). thanks





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  • nousername
    03-31 05:47 PM
    Your 180 days start from the day your I-94 expired. And yes, 2 weeks or 4 weeks over stay will make a difference. Next time when you enter the country or at the Visa office they might ask you the reason.

    You did nit clarify if your partner is a US citizen, PR or visa holder. That might help in giving you some additional advise.



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  • seaken75
    10-12 03:36 AM
    I am scheduling an Infopass appointment at my local USCIS office in the hope of getting an interim EAD. It has been more than 90 days since they received my application.

    I have a few questions:

    1. What do i need to bring?
    2. What should i expect?
    3. What kind of questions would they ask?


    Your experience in this matter is great appreciated!

    Thanks in advance!





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  • Alien
    02-09 11:22 PM
    Is Canada an option? Its a safe bet to get it stamped in Canada.You will get your passport back the same day or the next. You shouldnt have any problem related to transit visa as long as you stay inside the airport.Check with the respective consulates.



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  • americandesi
    08-11 03:44 PM
    I noticed a flaw in GC process with respect to “Ability to pay” and “AC21”

    Here are the definitions

    Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

    AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

    Let’s consider the following scenario

    1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

    2) I-140 gets approved and I-485 is pending for more than 180 days.

    3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

    4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

    5) I-485 gets approved.

    Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

    What if company C is running in loss and not in a position to pay the proffered wage.

    Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?





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  • ps57002
    09-15 09:53 PM
    both employer and lawyer know in my case...it's not a problem. My supervisor supported me on it...



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  • kisana
    04-11 10:16 PM
    Sorry i keep on asking same questions again and again. I could not find any answer for that. What should I fill in "date of application" for priviously applied I-765, it should be date from EAD when they approved it or should it be the the date on which they received my application.

    Also what should I fill in the
    "Please provide information concerning your eligibility status"

    Please suggest.





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  • FredG
    April 17th, 2004, 08:15 PM
    Sounds like a soap opera to me. :rolleyes:
    Fred





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  • syzygy
    06-17 01:37 AM
    I am in same boat. Very concerned what will happen. Do you have interaction / advise from any lawyer?

    I wanted to ask IV if there is anything we are doing for people like me.
    After frustrated with the consultant company I joined a full time job. and now am 5'th year of H1B. The LC will be applied after 1 to 3 month(big company and there laws as you have to complete 1 year and then adv etc etc)
    So If the bill passes I even can't apply for LC and so force to go back after 6 years.
    Now as everybody is ready to file for 485 nobody cares about this CIR bill but me only.
    Are there ANY people left like me?





    h_shaik
    08-08 04:18 PM
    You are correct. There shuld be a job offer from sponsoring company at the time of applying for AOS. I guess the question is what if the person is not working at all ( No pay stubs from any company ). In this case the candidate will be out of status? There might be cases where people might come on bench or not having a project etc...

    Can you direct me to the link you just mentioned for pay stub requirment for at least 180 days after filing AOS?

    I think the requirement is there should be a job offer at the time of filing of AOS. Here's an extract from a law firm:

    " If you are able to file the adjustment of status, there does need to be a valid job offer underlying the case at the time of the filing. You do not have to be working for the employer full time, but there does have to be a valid job offer for the position described in the labor certification".





    sam_hoosier
    12-17 10:53 AM
    I have an offer from a great company as a program manager that involves management and coordination of teams. There will be a little programming involved. This is in the software industry

    The labor was filed as software engineer whose description says that this was java focussed intense programming position.

    I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.

    I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)

    what do you think?

    Have you checked the job codes for the two jobs ? Just given this information, the new role does look similar. However, I would run this by an attorney just to be safe.



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