Monday, June 13, 2011

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  • vinayskadam
    11-24 01:22 PM
    @lj_rr:

    Thanks a lot for the quick reply, its really helpful.




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  • abhijitp
    01-25 07:21 PM
    ^^




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  • kondur_007
    10-13 03:09 PM
    Is it mandatory to wear business formal? I am going to get visa stamping with my wife, she is applying for H4.

    Thanks!

    I wore a T-shirt and Jeans; they did not ask me any questions.
    No need to be "formal"; especially if you are going for re-stamping or already living in US. When you go back to your home country, it is "vacation" for you and so you are normally going to be casual.
    Good Luck.




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  • fran5477
    02-19 11:24 AM
    I am curious to know on what basis was your case approved? maybe it was USCIS mistake? Like I wrote before we sent my case twice with the bright colored paper and to a supervisor and twice they said it had the incorrect fees (originally) and then that there where no numbers available and to wait to PD to be current.
    What I heard is that only if THEY make a mistake the 485 gets approved. Also if the check bounces, other than that I have been there and done that and nothing.



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  • GC_1000Watt
    01-03 02:05 AM
    1> just carried the usual documents required, job letter, tax returns, I-129, LCA, Paystubs etc. I also carried whatever documentation I could find for my previous employers like experience letter, last few paystubs etc. Also original of degrees/transcripts.

    2> I stayed at Hotel Real Del Rio which is less than a minute walk from the consulate. It's right behind the consulate infact. Very nice hotel; courteous staff. Recommended you do booking through expedia ($70), although expedia will not charge your credit card but you can carry the printout which will get you that rate. If you book directly with the hotel, the rate's much higher (close to $100)

    3> YEs, I got the tourist visa for mexico. Although nobody checked it anywhere, but I believe entering any country without valid visa/paperwork is illegal. Getting a mexican visa was very easy. You just go to the consulate/embassy, tell them you want to go to the US consulate in Tijuana for H-1b stamping. They issue you within the hour stamped. Cost about $36. Just get your H-1b petition with you for proof, and the appointment confirmation.

    4> The validity of H-1b depends on the validity of the petition I-797. Whatever period you have that for, will be stamped.

    5> He just asked me for job letter, asked me if I've applied for GC (I have), asked me that don't I have to work with them for a certain time (to which I replied I did and after I was eligible I changed employers using AC-21). He just read the job duties in my H-1B petition (most likely to check for any TAL related stuff). He remarked that inspite of my experience, my close-to-six-figure salary is a bit above slavery (to which I replied that I do get other benefits such as 401k, paid time-off, health/medical insurance etc.). He just asked some other questions such as what was my major in masters, how long I've been in US, had I worked in India, if so how long. I replied all of them. It appears he put that in the comments screen on his PC. And then he said he's approving it.

    It was basically a bar-like casual conversation I had with him. Within a few seconds of my start of the interview with IO, I knew he'll approve my visa. so it was pretty cool all along the way.

    Can you please let me know which website to book H1B visa interview appointment in Mexico and Canada?
    And please guide me on things to keep in mind while going for stamping.

    Thanks.




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  • IfYouSeekAmy
    01-11 03:43 PM
    I disagree. DV may not have relevance to you but to a person who does not have an advance degree but still would like to come here to live,work and have a better standard of life it is still VERY relevant. Remember that this country was built by IMMIGRANTS not neccessarily by immigrants with advanced degrees.

    NO co-sponsors. This bill is going nowhere, even though I will jump with joy if it is passed. DV has no relevance right now and the country is diverse enough. Good idea to eliminate DV and add that to EB, but not going to happen. This congress is going to be a crab jar, one climbing up and others pulling down... nothing will get done.



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  • krish2005
    11-09 08:47 PM
    I am opposing STEM cell bill then, I dont want to see Kaurava's running around...::-)

    :D

    "Science is a double edged". I would support stem cell research if there are ways control it and not to jeopardize nature's protocols.

    lol. I could imagine the comical kaurava clowns running around when you put that post. :D:D:D




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  • japs19
    01-22 11:18 AM
    Red my other posts where I wrote my experience as I was asked the same question. But here's the answers to your questions in nut shell.

    If you have a valid H-1 visa then just stick to it and don't us AP unless you have to.
    If CBP officer don't ask, you don't tell, but if s/he does, be HONEST and tell them that you don't. It will really stir the pot but politely tell them that GC on Employment Base is for future employment and that has been my understanding and in good faith my intentions are to go and work for that employer.
    They can really harass you for hours like they did me for 6 hrs and then was told to go downtown office. BTW just on a positive note, my AP has been stamped and I am good to go.
    There is no law that defines that you have to be working for the original petitioner while your application is being processed but just ethically it's a much better situation if you are employed by the same employer. CBP offficer's argument was that "what's the guarantee that you will go and work for that employer after approval of your GC? or what is the guarantee that they will have that position open for all these years as it may take a very long time?" I told them with a chuckle on my face that if it hadn't taken USCIS 3-4 years to process that application, that wouldn't be the question but they are still processing my file...I mean how many people you gave an offer letter who you want to start after 4 years as a CBP officer?" He gave me a rude smile and walked away to secondary check section.
    Anyways....long story short, be honest, have patience and don't show desperation to enter the country.
    Good luck...
    Looks like Immigration Officers at Port of Entry are asking the AP entry individuals if they are still working from the GC sponsoring company.

    I am planning to travel on AP and is not working anymore for the GC sponsoring company.

    1. What would be the reaction of the Immigration Officer if he finds out that I am NOT working from the sponsoring company?

    2. What documents should I carry to ensure the I will be allowed to re-enter to US on AP with my current non-GC sponsoring company offer letter, pay-stubs etc?

    PLease advise



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  • b2visahelp
    07-09 04:41 PM
    1. My parents included their Indonesian bank statement in rupiah. And they went to US embassy in Jakarta, their hometown. Does it make a difference to go to other city after they got rejected twice? If so, which one?
    2. I had never gone back to Indonesia since I got the asylum. I'm not supposed to although I have already got my greencard. In fact, VO asked them if I ever went back to Indonesia. And my parents said no.
    3. I didn't include my US bank statement because my parents self-sponsor themselves. I don't have much anyway to sponsor them.

    Please let me know your advice. Thank you so much.




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  • yabadaba
    07-13 11:15 AM
    it will look like the WaMu ad. buncha ppl in suits behind a baricade.

    http://www.randomculture.com/random_culture/images/trappedbanker.jpg

    wear white shits and jeans..standard protest outfit

    dont get carried away...follow the organizers...admin delete this thread.



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  • jonty_11
    01-15 02:53 PM
    I am in Denver, Colorado...there is els center here...but that is nt mentioned on the ielts.org website.




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  • uma001
    02-01 01:31 PM
    Congrats and dont forget to continue to stay on this forum to help others if they have any questions regarding green card process



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  • desi3933
    08-26 02:29 PM
    Are you sure about this? My wife is on H1-B right now having EAD and AP both and she wants to quit her job. So I am planning to switch her from H1-B to H4. Will that abandon her I-485 filed as a dependent?

    >> Will that abandon her I-485 filed as a dependent?
    No.


    ________________
    Not a legal advise.




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  • canmt
    10-19 01:25 PM
    The guideline issued by the Director of USCIS to field officers to interpret AC 21 does not take into consideration the geographic location of the new employer.

    I cannot say how USCIS will interpret AC 21 cases where the salary is more or less than prevailing wages specified in labor certification but USCIS will issue a request for evidence to get a letter from your new employer to state that your terms and conditions of approved labor certification continue to exist.

    This could mean the new employer has no obligation to pay you as per your labor certification but once the green card is approved he would pay the money mentioned in the labor certification. No one can enforce this since both you and employer will look for bottom line profits.

    If you have an offer with same or more money than the privileging wage determination in your approved labor certification you should be good but I don’t know how USCIS will interpret the AC 21 where geographic location of the employer is different. For example if the labor is certified in NYC with 120k and I take up 100k job at Raleigh more than prevailing wage for that location and currently i'm paid 75k till I get my green card as employer is not obligated to pay the salary as per wage determination in NYC.

    I hope this helps and good luck on your green card chase.



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  • kapilgogia
    03-17 07:00 PM
    Hi,

    My wife, who is the primary green card applicant is planning to change job from desi consulting company to a fortune 500 company. The fortune 500 company wants to invoke AC21 as 180 days have passed from received date and I140 is approved.

    Please let me know if someone has similar experience with the following:

    1. Is there any salary restriction on increase from current salary percentage wise?

    2. Has anyone used sucessfully AC21 in the past and had no issues with EAD renewals and Green card?

    Thanks

    There is no requirement for number of employees. You need to make sure the company is financially capable to do H1. You must make sure you get salary equal or above the salary offered in your LC. And also the job duties are same or similar.




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  • buvane
    09-30 01:08 PM
    Any idea what these LUDs may be which you had

    LUD on 09/22, 09/23 ,09/29 and 09/30.
    EB2 India Mar 2005 NSC



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  • lakshman.easwaran
    07-20 02:35 PM
    Folks, I have been reading this. My lawyer send me G325 only. I haven't filed as of yet. Should I file G325A instead.

    Use G325A since it has four pages. Each page will be sent to different places written at the left bottom of each page. My lawyer sent me G325A.




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  • excogitator
    12-11 03:34 PM
    Since the official announcement thread hasn't been put up yet.
    Congratulations to all the winners!!
    :)




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  • smartboy75
    05-01 01:11 PM
    I had applied for labour in 2001 and also applied for i 140 and i 485 in 2002 .My h1 had exausted 7 years and since my i 94 was becoming in valid i was suggested by my lawyer to either stay here in usa without job and wait till i get the reciept notice and ead from uscis .Since financially my situation was very tight with a baby on the way .i decided to leave for india .Now i am here again since last 4 years .When i was in india i asked my lawyer if we can do any thing like counsalar processing etc (here in this case i had paid huge amount to the lawyer,i was paying for my gc process ).the lawyer told me that nothing can be done as he has withdrawn the i 140 .
    Now after 2 years i came (or had to come back) to usa .my new employer started the ggc process this year .Since i needed full information of my previous process to complete the forms i contacted old lawyer .he send me the papers and i was so shocked to see that they did not withdraw any thing my i 140 was approved 4 months after i left and my fingerprinting is due since 2002 .I just wish my lawyer had told me the truth .we could have cp or come back .
    it took a day for me to overcome the frustration of what had happened .
    and now my major concern is 1.that with one case pending ,i dont know how it is going to effect the new case
    2.is there any thing i can do to reopen my old case .
    Hey Vikramaditya

    Feel sorry for your situation. Hope you are able to use your old PD and get the GC soon.

    But I would like to point out one mistake on your part that you could have avoided and that was to create a user profile on USCIS website and enabling email feature on all your pending applications. Had you done that, when ur I-140 was approved you would have got an email and could have taken appropriate steps then.

    Hope you do that going forward. Even if you have approved applications it is still go to keep it in ur USCIS profile cause you never know when USCIS may open an old file and raise some flags.

    All the best.




    ssharma
    04-27 01:36 PM
    Your question has been answered at www.immigration-law.com ( advanced Q&A section). I am copy pasting :

    Q-74 (04-15-2006): I had a pending RIR (EB-3) labor certification with priority date of October 2004. In November 2005, I filed PERM (EB-2) which was approved in February 2006. I filed I-140 (EB-2) right away. Now, my RIR was approved. I plan to file another I-140 based on RIR (EB-3). Can I carry over the priority date of October 2004 to EB-2? What should I do to carry over the October 2004 priority date?

    A-74: The immigration regulation provides that when an alien has multiple "approved" I-140 petitions with different classifications, the alien can use the earliest priority date. This carry-over of the priority date is available regardless of difference in the occupational classifications, preference categories or employers. Unlike common misunderstanding, one cannot seek amendment of the approved I-140 petition to change the priority of a given petition. In your case, once your EB-2 I-140 petition is approved and the visa cut-off date for EB-2 for your country moves to October 2004, even if your EB-2 priority date is November 2005, you can file I-485/I-765/I-131. In filing I-485, you should attach EB-2 I-140 approval notice (original) as the underlying I-140 petition and submit a photocopy of the approved EB-3 I-140 approval notice as an evidence to prove the priority date of October 2004. Thus, EB-3 approval notice serves the sole purpose of proof of the priority date and nothing else. Once EB-3 approval notice is attached, the agency will pull out the EB-3 proceeding file to determine whether the EB-3 petition has been revoked for fraud or error. Unless such revocation is detected, the agency will keep processing your I-485, I-765, and I-131 based on the approved EB-2 I-140 petition and using the priority date of October 2004 for the purpose of determining availability of a visa number to approve I-485. This priority date transfer should not be confused with the rule of transfer of pending I-485 from one approved I-140 petition to another approved I-140 petition. Soon, the popular substitution of labor certification is expected to be eliminated, which provided a valuable means to pick up earlier priority dates. In its place, it is likely that more and more people may file multiple petitions with the same or different employers and for same or different occupations in different preference categories to take advantage of the current rule of transferability of earliest priority date among different classification of the approved I-140 petitions.
    Ref: http://www.immigrationportal.com/archive/index.php/t-210170.html




    GSingh
    07-13 10:44 AM
    Its a good idea but make sure you guyz are comfortable. It must be hot out there.



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