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  • needhelp!
    05-15 06:10 PM
    Please make those calls NOW and take the poll on this thread:

    http://immigrationvoice.org/forum/showthread.php?t=19113

    Folks,

    Please call the below selected members from CHC. There are reasons why we should NOT be calling every one in the CHC. The members we have to target from CHC and their corresponding numbers are listed below.

    Tell them that you would like to talk to some one who handles immigration/legal matters, If forwarded to voice mail, leave a VM. If the VM is full, you can get back to the main line by pressing 0 and then leave a message with them.

    The message you have to deliver when calling these offices is

    I would like Representative "Representative Name" to co sponsor bills HR 5882, HR 5921 and HR 6039, sponsored by Zoe Lofgren. Both of these bills have wide bipartisan support in the house and will help reduce the back logs associated with USCIS. These bills are a great first step towards immigration reform.

    DO NOT GET INTO THE LEGAL/ILLEGAL DISCUSSION WITH STAFF MEMBERS

    Only if the staff member bring up the issue of CIR, in that case say that -

    In the past we have been supporting Comprehensive approach and still continue to support comprehensive approach and we look for our our main issues to be addressed whenever comprehensive bill is passed. However, this is is just an interim fix to begin or start the immigration reform process.

    .



    Ruben Hinojosa
    phone: 202-225-2531

    Hilda Solis
    202 225 5464

    Ciro Rodriguez
    202 225 4511

    Lucille Roybal-Allard
    202 225 1766

    Raul grijalva
    ph (202) 225-2435

    Charles Gonzalez
    Phone: (202)225-3236

    Dennis Cardoza
    (202) 225-6131

    Jim Costa
    (202)225-3341

    Henry Cuellar
    phone: 202-225-1640

    Senator Robert Menendez
    202 224 4744




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  • deecha
    07-26 09:21 AM
    Hello everyone,
    I got to know about this website recently and I wish I had known it earlier.


    Anyway, I need advice/conformation


    I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)

    The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)

    After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong

    1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.

    2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.

    3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.

    4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).

    Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!

    If I were you, I would file for my I-485 anyways and then get the wife in on H4, when the H1 extension was approved, as you would still be on H1 status (as long as you did not use the EAD). Have her I-485 ready and as soon as she comes back, send her I-485 in ASAP.




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  • mrajatish
    05-25 11:08 PM
    My personal thanks to QG&A - but the battle is still not over, this is just the beginning. We need QG&A more than ever.




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  • Mohit_Malkani
    10-08 11:13 AM
    Sorry to hear about your situation.

    Take a look at www.immigtation-law.com. Go to the nreaking news swction. They have a great piece on I140/I485 portability.

    I have also pasted it here in case you dont get to the website

    All the best.

    10/08/2007: I-140 Portability After 180 Days of 485 Filing and Service Centers Standard Procedure of Review and Adjudication

    When there is a retrogression of visa numbers and anticipated long delays in 485 adjudication due to the massive July VB fiasco 485 filings, it is anticipated that there will be a substantial number of 485 applicants who may have to change employment along the way, either voluntarily or involuntarily, under AC 21 Section 106(c) provision. Accordingly, whether one reports the change of employment proactively or not, one should learn the internal review and adjudication procedures within the Service Center which are adopted by the adjudicators in adjudicating such I-485 applications.
    The good material to review on this procedure is the USCIS Standard Operating Procedure for the adjudicators. The SOP states that "If the alien is using the portability provisions of AC21 106(c), the adjudicator must determine that both the ported labor certification and the ported I-140 are still valid under the current employer, especially in regards to the continual payment of the prevailing wage, similar occupation classification, and the employer�s ability to pay the prevailing wage."
    (1) Prevailing Wage Payment: The AC 21 106(c) does not specifically require that the new employer pays the prevailing wage or higher wage for portability. However, the adjudicators review the wage as part of their determination of "continuing validity" of the ported certified labor certification application and I-140 petition. When the applicant stays with the same employer without changing employer, payment of wage less than the prevailing wage should not present any serious issue inasmuch as the employer establishes that the employer was financially able to pay the prevailing wage and is continuously able to pay the prevailing wage until the green card is approved. However, when there is a change of employer who pays less than the prevailing wage, there is no clear-cut rule with reference to this issue. Payment of less than prevailing wage thus potentially can raise two issues when there is a change of employer. One is the adjudicator's argument that there is no continuing validity of the labor certification or I-140 petition. The other is the argument that different wage reflects that the labor certification job and the new job with the new employer are two different occupational classifications.
    (2) Similar occupational classification issue: The similarity of the two positions involves not the "jobs" but "occupational classification." Accordingly, the old and new positions do not necessarily have to match exactly in every details, especially specific skill sets. Currently, the USCIS is looking up the Labor Department SOC/OES classifications of occupations. When the two jobs fall under the same occupational classification in the DOL occupational definitions, the two jobs are generally considered "similar" occupational classification. As long as the two jobs belong to a similar occupational classification, the applicant can work for the new employer anywhere in the United States. There is no physically location restrictions.
    (3) Employer's financial ability to pay the wage: Again, AC 21 106(c) does not specifically require that the new employer must prove that the new employer has and will have a financial ability to pay the prevailing wage. However, the adjudicators appear to review the portability case considering the new employer's ability to pay as well as part of review of continuing vality of labor certification and I-140 petition.
    Remember that when there is a portability issue, two things can ensure. If one proactively reports the eligibility of portability meeting all the foregoing requirment, the adjudicators are likely to decide the pending I-485 application on the merit. However, if the 485 applicants do not report proactively change of employment and the USCIS somehow obtains information of the alien's change of employment, for instance, by employer's report of termination of employment or withdrawal of I-140 petition or substitution of alien beneficiary, then 485 applicants are likely to be served a notice of intent to deny I-485 applications or in most cases, the adjudicator transfers the I-485 file to the local district office for interview.
    In AC 21 106(c) portability situation, the adjudicators also review the issue of the continuing validity of labor certification and I-140 petition involving the original employer, and are likely to raise similar issues which are described above. However, when the alien ports with the "approved" I-140 petition with a copy of the last paycheck and W-2, the adjudicators rarely revisit the original employer's foregoing issues in determining the 140 portability issue. The issues are raised when the alien ports before the I-140 petition is approved. Under the Yates Memorandum, when the alien ports before I-140 petition is approved, the alien has a burden of proof that the I-140 petition was approvable. Accordingly, inasmuch as I-140 petition was approvable and the alien ports after 180 days of I-485 filing, even if the original employer withdraws the I-140 petition, the pending I-485 will not be affected. Yates Memorandum indicates that in such a circumstance, the adjudicator should adjudicate the pending I-140 petition and if finds approvable, then recognizes 106(c) portability and continues to adjudicate the pending I-485 application. Without doubt, in the foregoing situation, the adjudicator will intensively and carefully review the issue of continuing validity of labor certification and I-140 petition issues which are specified above, particularly the employer's financial ability to pay the wage, and the applicant will have to overcome tremendous hurdles to deal with the challenges by the USCIS. Accordingly, people should not port before I-140 petition is approved unless they are assured that the original employer will continuously cooperate and support his/her green card process.



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  • cdeneo
    12-28 07:28 PM
    I am not sure how useful doing an MBA from an Indian school would be if one is planning to get back to the U.S. (or the western world in general) I did mine from IIM Ahmedabad, and find it pretty much worthless here.

    any idea on an INSEAD's MBA value when returning to the US to work? I know it holds in good stand in Europe and Asia...




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  • mbartosik
    11-09 07:17 PM
    The only reason that I can see for not filing yourself, is if company is offering to pay. EAD & AP filing are simple and do not require to be done my employer.

    If you think that the lawyer sucks, and you have a good relationship with your bosses, see if they will let you expense the fees and do it yourself. They save the lawyer's fees too that way.



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  • chi_shark
    07-16 10:55 AM
    now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?

    willIWill, can you please post the exact wording on your RFE regarding that point?

    Hi Friends,

    I received an RFE last week. There were 3 points in the RFE.

    The first point in the RFE says,

    Submit a current and properly completed form G-325A biographic information sheet for yourself. Please Note: Answer all questions in the form 325a. If any information has changed such as your employer or marital status you must submit the required supporting evidence as indicated in the instructions for Form I-485.

    Second Point and Third point are respectively

    Proof of continuous employment and maintaining status since Oct 1st 2007 to till date. ( Interestingly my I-485 notice date was in the month of October 07)

    Employment verification letter stating the offer still stands as per EB visa petition.

    A quick brief abt my case: I'm a July 07 filer. I was single when I filed my I-485. My I-140 was approved in the beginning of 2008. I'm with the same company. I got married last year end, my wife is here with me on H4.

    My question is concerning the first point.

    Does the marriage certificate and my wife's H4 Visa sufficient enough to provide proof of marital status change as per I-485. In this case, Do I need to include affidavit of support etc. for my spouse now? Also do I need to provide birth certificate of my spouse?

    Has any of you who were single when filing I-485 received a similar RFE ? How did you respond to the same?

    Appreciate your suggestions

    Thanks in advance.




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  • onemorecame
    03-26 01:09 PM
    I Wish "C" for all category



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  • tikka
    08-10 11:00 AM
    bump

    any CT members coming along with you.. ?




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  • gconmymind
    03-25 01:26 PM
    I remember this bill being brought up last year also and was "supposed" to be passed but never even came up for voting...why do u anticipate this will go through this time? My wife is applying for her "H1B" and she is awaiting the lotto results...
    I strongly disapprove of ppl waiting for their GC voicing against H1B cap increase because they have crossed that bridge and have H1B. I am only safely assume such ppl will voice against IV and all IV activities once they receive their GC...

    H1B increase is ok, but it will cause further backlog for the new filers because of 7% country limit and very few visa numbers. Business is only interested in H1Bs as it gets them the workforce. A GC makes an employee freer and less valuable to a company????



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  • vishwak
    08-13 11:08 AM
    I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.

    Its been less than 100 days....

    Did she get Paystub, If not you are good.

    I don't think she can have both H4 & EAD. But once she started working on EAD and got paystub....Paid taxes etc.....I'm sure her status will be EAD and no H4 furthur...By any chance if USCIS got hold of it. Might cause problem for her 485 approval.

    USCIS gives whatever we ask for. We should be careful and take advise from Attorneys. Not one 2-3 Attorneys as some of the attorneys have limit knowledge. Best suggestions your Employer if he has good knowledge.....As they might have seen lot of cases for their employers.




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  • bkn96
    02-18 02:09 PM
    oh yeah! it is legal i know that... however, i consulted lawyers on this and they were of the opinion that it is best to have a straight case where you are working for a large us corp. essentially, uscis can question if the company has enough work to sustain employing a person on a "permanent basis". that "permanent basis" appears to be one of the criteria for approval of labor/perm, I140 etc... thats why my query to you. it seems ability to pay can also be a question, however, that is not supposed to be brought up during adjudication of 485... so you are safe there...

    so, this is real cool... thanks for sharing your info...

    My I140 is applied by another company and 140 already approved. So i think ability to pay question only comes during 140. So after I140 approved i think it is safe to go in this route.



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  • redds777
    09-20 08:47 PM
    Hi

    I would suggest you to go with employer B and get the EVL from them and sunbit to USCIS.
    if possible delay H1B filing from employer C if you can
    I also strogly suggest you to talk to an experienced attorney who has experience with AC21 like Murthy , khanna etc.. and respond to the RFE .

    Hope this helps

    Redds

    Someone please help...I have a limited time to respond to this and would be great to hear from someone who received similar RFE and responded.




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  • go_gc_way
    05-18 11:32 AM
    Great work guys !!!



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  • Aah_GC
    07-13 12:32 PM
    Bend it like Beckham mates! Get funky hairstyles, market yourself well and play some average soccer with all kind of funky logos on your shirt.




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  • Munna Bhai
    02-27 07:14 AM
    I have received my GC on January 28th. My company filled the following with USCIS:

    I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
    I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008

    Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....

    So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.

    I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.

    Please advice.

    See with lot of difficulty you got GC. And with GC you can work part-time and even take another job. Why you want to take a chance. Yes, you must work for the employer for 180 days. Just stick for another 6 months and the game is over.

    Enjoy the life.



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  • peer123
    04-04 04:20 PM
    1. Did you find have any issues when getting 485 approved.
    ---- Here most are with GC app pending. AC21 is being used by many only in the last two months.
    2. Did you file AC21.
    Yes
    3. Does the job responsibility has to meet 100% word by word.
    Not necessary
    4. Has any one you applied for EAD extension on your own.
    I did not apply for extension. But when my time comes I will do it on my own.
    Lawyer cost is $300 per applicant per document (EAD and AP treated separately by lawyer and charged separately by lawyer.
    5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
    No RFE yet. I am not sure why they will ask question if you had worked for GC company > 180 days.

    Thanks for your input, If other who have done it earlier and gotten their 485 approved please advise...




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  • CaliGC
    06-15 02:49 PM
    I am sorry I have no answer to your question but I would like to know how you found out the exact dates your names was cleared. This would be useful info for a lot of us here. Appreciate if you could share this with this forum
    Well, I got to know in two ways.

    1. My case was originally filed with vermont center and I had called and spoke to one of the immigration officer and I came to know it then (around year 2006).

    2. Recently I moved my house and there was some correspondence that still went to the old address, I visited the Immigration office in San Jose, California to rectify the address and asked the immigration officer to check it for me.

    Hope this helps.




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  • anjans
    07-18 04:57 PM
    You need to fill the application with date of entry anf I-95 number!




    indio0617
    09-21 04:53 PM
    Currently since labour is progressing really slowly and considering that it looks like fresh labour will get approved quickly .. but folks will have to wait 4-5 years to get into the 140/485 stage, are there are efforts being made by IV to get dependents say an interim EAD, so that they can start working, rather than be a victim of the process.

    I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.

    Wouldn't it make sense to lobby for an interim EAD in following cases:
    1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
    2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?

    Not sure if this issue has been debated before.

    vivache:

    Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.




    nmdial
    08-04 11:02 AM
    am staying in US for d past 4 yrs ,have a H1 B visa. i want to invite my younger brother and mom for a ONE month visit to US.My mom has already got 10 yrs of visa as she visited dis place in 2008. My brother has just completed his engineering , is 21 yrs of age and has got placed in infosys.His joining date is in December, so would it be easy for him to get d visitors visa as even i want him to have some fun b4 starting off with his work life. Should he carry his offer letter with him and also would it b wise to book d ticket in advance and show them d return ticket as a proof just to tell them tat he will b back in a month and also would like to know the other questions which r expected. Please HELP.Looking forward to your replies

    thanks in advance:)

    I am in a similar boat as I want to invite my sister on a visitor visa for a month here. I think, any document that supports the fact that the visitor will return to India is always helpful.



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