Saturday, June 11, 2011

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  • nkavjs
    12-18 11:38 AM
    Thanks a lot for your reply.
    This does help.
    Regards





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  • Irs
    02-10 01:17 PM
    If there is a change of work location (address), amendment to the existing LCA or new LCA should be filed/certified for the new work location/address. No Exceptions.

    I went through this last year as one of my work location moved about 5 miles from one of my previous location. Our company lawyer mentioned that if there is a change of work location address on what was mentioned on your previous certified LCA, amendment to the existing LCA or new LCA should be filed/certified. As the LCA is for specific work location(address) that is entered in detail when LCA is submitted.





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  • sertasheep
    03-31 01:15 AM
    Excellent newspiece, there. Here's hoping you're able to sort out your situation, Anand. By the way, salaries in India are now nearly 1/3rd of that in the US(in the bigger companies, of course)





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  • leo_loco
    10-22 10:30 AM
    1. Can I travel and enter on my H1 even if my AP is approved/pending?

    Yes, you can travel and enter into USA on your H1 visa even if your AP is approved or pending as long as your visa has a valid stamping.

    2. Is it safer to travel on AP even if I have a valid/invalid H1 stamped on my passport?

    If you have an invalid H1 stamping on your passport, then AP is the only way to enter into USA. On the other hand, If you have a valid stamping and also have an approved AP, you can use either H1 or AP to enter into USA.

    3. Can my wife enter on H4 and then we add her name to 485 when she is in US?
    If you have a valid H1 Visa, your wife can enter on H4. Regarding adding your wife's name to your 485 case, I am not sure, but I believe you have to wait until your PD becomes current.

    Consulting an attorney is the best option, I believe. Good luck!

    Regards,
    IK

    I have a confusion. My H1 stamp on passport is expired but I have valid H1 document untill December 2008. Can I go for stamping with valid H1 document?



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  • uslegals
    12-21 12:04 PM
    Thanks Guys.! this is really, really helpful. Appreciate your advice.!!





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  • lazycis
    12-03 10:20 AM
    Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.



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  • Jaime
    09-14 11:55 AM
    Guys, chanduv23 is ABSOLUTELY RIGHT!!! We stand to lose a lot if we don't stand up for our rights!!

    It's easy to let others do the job for you. Does that sound familiar? Don't many of our employers use us on H1 visas that way? Taking advantage of the situation to get more for less or nothing??? ARE YOU GOING TO BEHAVE IN THE SAME MANNER, ESPECIALLY WITH YOUR FELLOW FRIENDS-IN-STRUGGLE, FELLOW IMMIGRANTS???

    WAKE UP GUYS! If we keep saying that we need you it is because YOUR PRESENCE WILL MAKE A DIFFERENCE!

    We look forward to helping anyone who needs any kind of assistance. Unless you had a business trip scheduled, or have a medical emergency. THERE IS NO REASON NOT TO ATTEND!!!
    LOOK IN YOUR HEART, RIGHT NOW





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  • iptel
    07-18 05:19 PM
    I agree with Dixie. I feel there is no point in seeing visa bulletin or calculating date for EB3 until some law passes.



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  • sandyn16
    02-25 10:32 AM
    There is a road test for MD, but within the MVA center area.





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  • starscream
    04-30 04:03 PM
    did the committee question Greenspan about any issues related to us EB GC issues?

    Please update anyone



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  • narendra_modi
    03-04 10:04 PM
    what is missing, I am on H1B, I haven't filed yet anything for the GC, tell me why it is irrelevant post ? Whats wrong in redirecting the immigrationvoice.com to ebimmigrationvoice.com because I have observed that when ever some newbie ask some thing non eb based, e g , a family based legal immigration Que. then people here just give hard time..

    narendra_modi = troll alert

    reasons: first post, missing info, irrelevant post





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  • rbalaji5
    02-20 01:27 PM
    Eb2 - India. We filed I140 and then I-485 in July 2007. PD May 2007. Got I-140 approved. EAD / AP approved for me / spouse and Kids. They soft LUD on I-485 after one week of I-140 approval. and My spouse got the RFE.

    We just submitted a affidavit during my i485 filing in July as dont have her birth certificate at that time. Now we got RFE for my spouse saying that they need the birth certificate or Non-availability certificate. When we checked with the Birth Registration office, They have the birth certificate but with different Birth date(Her parents changed her Date of Birth during pre-school admission) - Now new DOB is reflected in all her Officical Documents(school vertificate, Passports, Driving License etc) whereas her birth certificate has the original date. Shall I submit the original Birth Certificate alongwith the Affidavit saying the mistake made by her Parents as the response this RFE. Since the Birth certificate is available in the registration office at different date, they refused to provide the non-availability certificate.

    Gurus - Please advise.



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  • desi3933
    06-13 08:22 AM
    PD is always LC filing date.
    Incorrect. It is not always.
    In most cases, LC filing date is the Priority Date.
    A Priority Date is the date that a Labor Certification is filed with the State Workforce Commission or the date that an immigration petition (I-140/I-130) is filed, whichever comes first.

    He will still be able to use the old employer filed LC date as PD even if the employer cancels LC/I140.
    Incorrect.
    There is risk involved if the old I-140 is revoked or canceled. Please check with your lawyer/attorney.

    There might be a little risk if the old one he got was a substituted one.

    .





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  • morchu
    05-06 01:05 PM
    Correct. The question is always about "similar" job and duties. And too much variation in wage is a hint towards that.

    Now logically it doesnt make sense, you doing the same duties even after 15 years in GC que. But hei.... leave the logic behind. You either prove that the duties are same/similar, or file another LC/140. (at-least you can keep your priority date).



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  • beautifulMind
    07-16 02:48 PM
    I posted it there as well





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  • nogc_noproblem
    06-27 04:02 PM
    Yes, it is frustrating to miss it just by one day, I don't think we can appeal against it, let us wait for the original card to see whether we have any luck. I also filed at NSC.

    I got the e-mail that card prodn. is ordered. Not sure if i'll get one year or 2 years EAD renewal now. I filed in Nebraska center. I called USCIS and asked them but they are not sure either.. I hate to miss out of 2 yr EAD just 'cos it got approved today but not Monday. Is there any way to appeal for a 2 yr EAD ????



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  • alterego
    09-25 06:55 PM
    This question is arising a lot. It really should be asked of the Q&A session with the immigration lawyer. It clearly is figuring in the thoughts of a lot of members and if she is not sure she can perhaps clarify it through the AILA liason.

    My understanding is that your 140 and its associated PD is protected only if you have filed 485 and are waiting 180 days. In cases where 485 is not filed, I believe you need the cooperation of the previous employer who has to leave that petition open until you get to the 140 stage with the subsequent employer at which point you could substitute the PD.

    I know a few of the lawyers have said otherwise but I am not sure what their basis is for that. I think it needs some clarification. It may infact be so and that would be great but clearly with half baked knowledge in this era of massive retrogression it could turn out to be a painful mistake if the clock has to reset!





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  • saddaypally
    09-30 10:34 PM
    Hi All, I am on my H1B on the verge of my 5th year's expiration, in 3 weeks. My Labor was applied with Jan 2008 priority date and my Fragomen Attorney mentioned that as long as the labor was applied before the 5th year on H1B, I should be able to get 1 year extensions until my Labor gets approved. The issue is what happens if my Labor application gets screwed for some reason? I wouldn't be able to get extensions on H1B andhave to return home. To alleviate that situation, I was wondering if I could apply for another Labor through a 3rd party company as a future employee and depend on it if anything goes wrong with my Labor which is awaiting approval. I just heard from a consulting company that a clause has been added to the rule which permits companies to apply for Labor for candidates on a future employment basis and this would prevent them from applying for such cases. Is it true? I want to know my options to make necessary preperations in either case. Any insight on this issue would be very much helpful and appreciated.

    Thanks,
    Shravan





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  • coopheal
    11-07 10:30 AM
    I am very disappointed with all of us. We all have big ideas about what should IV core do. But a very few would actually take initiative and work for the cause.
    Not a single new person came ahead with the contribution this month.





    Berkeleybee
    04-26 12:01 PM
    All,

    I want to make sure we acknowledge every contribution our members make, monetary and in terms of ideas.

    As I said in the main thread (http://immigrationvoice.org/forum/showpost.php?p=9780&postcount=33) it was posts on the forum by virtual55, jkays94 and cpolisetti that set the WaPo ball rolling.

    Thank you to them and every member who does his or her part in big and small ways.

    best,
    Berkeleybee





    YesWeWillGet
    09-11 01:40 PM
    gc_check and a_yaja - I really appreciate your feedback and thank you.

    I was thinking that I can get the F1 > Opt > H1 > File 485 thru EB2 Since my spouse's 485 is stuck in mud with priority dated 2003 EB3 category. So, I was wondering that can I have file my own 485 EB2 parallel to my spouse EB3. I would really appreciate if you could provide guidence or alternative approach. Once again, thank you for your thoughts.

    Thanks,



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