Saturday, June 11, 2011

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  • amsgc
    04-02 08:47 PM
    I agree, if you have applied for I-485, F1 is not a good idea. I wasn't aware of the OP's GC situation.

    Editing post: It seems that the OP applied for I-140 late last year, and the country of chargeability is India (public profile). So, in this case, F1 is probably a better bet.

    All other points are on the dot!
    Only F1 being better than h4 is really depending on one's situation..
    F1 is Non-Immigrant intent status.. meaning, if you apply for 140, or even have LC applied and USCIS finds out.. you can forget abt getting visa..
    Secondly, F1 has become much restrictive since implementation of SEVIS.
    H4 on the other hand is duel intent

    Major advantages of F1 would be
    1. Possible on-campus 20hr work authorization and later OPT authorization.
    2 Chances of getting assistanceship.

    So it's not black and white..
    and if you've applied for 485.. F1 is really definitely not the way to go..




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  • sanju_dba
    08-13 01:17 PM
    WASHINGTON � President Barack Obama on Friday signed into law a $600 million border security that will put more agents and equipment along the Mexican border.

    ...
    Link (http://news.yahoo.com/s/ap/20100813/ap_on_go_pr_wh/us_obama_border_security)

    isnt this $600M is comming off of the 2k hike on h1 50-50 rule?
    if so, any one who wants think of getting rid of h1s they should also think of loosing this border security measure.




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  • YesGC_NoGC
    06-19 07:31 PM
    Hi

    Here is my situation

    My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.

    I-140 is approved in 2005. 485 Applied in June 2007.
    8th year on H1B - H1 Valid till November 2009.

    I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.

    This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?

    I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.

    Just tired of waiting for GC and losing the opportunities, What options do I have ?

    � Should I stay put and continue to wait till I get GC in hand?
    � If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
    - Would USCIS makes the decision on my 485 right there saying it's a no go?
    - or Would they send me the RFE later on when my PD is current?
    - What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)

    Any Suggestion - Anybody?

    Need to make the decision in next couple of days.




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  • newuser
    05-12 10:12 PM
    I am in for it. I am ready to put 2K if members are going to come forward



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  • lost_in_migration
    05-14 08:28 PM
    Thats the spirit

    I will support IV even i have Gc .GO IV.




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  • haider420
    06-13 09:46 AM
    Yes you can.

    firstly, thanks for replying.

    I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?

    do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!



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  • PD_Dec2002
    08-05 11:04 PM
    I came to know about my interview from the embassy web site and they send us pakage 4 also. Then we informed them by mail asking to postpond for 3 month. They confirmed the same. I am in India embassy is in New Delhi

    Jeny: I believe you are referring to an interview for Consular Processing; not Adjustment of Status, correct?

    Thanks,
    Jayant




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  • galacticman
    03-06 07:30 PM
    Thanks coopheal. Seems like they are still working on the 1st week itself. Hopefully I should see mine come around soon for preadjudication!

    ***************
    EB3/India/PD-Jan '06/140 Approved Apr '07/485 Pending- July '07/EAD Oct '07



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  • leoindiano
    08-03 05:44 PM
    The USCIS has indicated that it plans to reconcile the second A number for each I-485 applicant with the previously-issued A number.

    That is the key. Reconciled cases will have no problems.




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  • lazycis
    05-01 12:52 PM
    If I-485 is still pending, you can try to use AC21 and port old I-140 to new employer. Nothing to lose, a lot to gain if it works out. AC21 is not clearly defined and it's not codified in regulations so you have a good chance to prevail. The only problem I see is that the old employer no longer exists. Termination of the employer's business is one of the reasons for automatic revocation of I-140 (see 8 CFR 205.1(a)(iii)(D)). However if old employer was simply merged into another company, you can argue that business was not terminated.



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  • JDM
    08-05 10:01 PM
    /\/\/\/\/\/\




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  • wandmaker
    11-04 01:49 PM
    You will not be able to get a original document from lawyer/company. if you have maintained a good relationship with the lawyer/company, you can request a copy of it.

    Guru's
    My I140 is approved on October 24 2007 and original document has got my lawyer and employer, but I have not received any original document. My question is: Does I can get original document or I have to ask to my lawyer or employer?



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  • rockstart
    06-04 01:59 PM
    I advise not to do like this guy is saying. My suggesstion is if it is really not possible for you to get the letter, just send last 6 months of bank statements. And let your parent tell VO that your bank gives letter in person & you live far away from that bank. Majority cases, they will not even ask for any bank letters or statements. My suggesstion is to send both Indiana bank and HSBC bank statements for last 6 months. That will be good.

    I agree. 6 months bank statement along with 3 years of W2 are more than sufficient to prove your financial ablity to support your parents.




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  • mwin
    11-21 10:56 AM
    Also, when applying for AP (form I-131), you have choose, if the AP is for one trip or multiple trips. Most lawyers choose multiple.

    How do you know AP is approved for multiple entries?

    I thought AP in general is for multiple entries.

    Is there a way to tell from your approval notice it your AP was approved for multiple times?

    Thank you.



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  • ps57002
    10-09 05:32 AM
    How about H1B?

    If one uses EAD, then files for H1b extension beyond 6 yrs (since originally that was not option, labor not pending 365 days), when extension approval comes, go out of country, come back on H1b stamp? is that do able?




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  • immidude
    07-13 01:19 PM
    Idea behind my post is to look professional,uniform,united,organized and most of all look different to draw more attention (which is how we got good media coverage in flower campaign)



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  • bkarnik
    11-03 04:34 PM
    Talk to an attorney. Either way it will be money well spent. From what I have heard, these non-compete clauses are very weak and generally unenforceable. Typically, these clauses are applicable for very high level jobs where you may be in a position to benefit a competitor due to your inside knowledge of the current company. Recently, Microsoft had sued one of its senior level employee who left to join Google on the non-compete issue. From what I read the last about it, Google aggressively defended its employee and the case was dismissed.

    I would suggest talking to an attorney specializing in contracts.




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  • pd_recapturing
    08-05 10:31 PM
    One of my friends AOS got rejected just because his attorney rescheduled his interview. Somehow, USCIS local office did not acknowledge his request for interview reschedule and they sent a rejection letter saying that, he did not appear for the interview so they are rejecting his application. So the bottomline is 1) Try your best to not to reschedule it 2) If you have to, make sure that USCIS acknowledges your application to reschedule it.




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  • iad2ead
    09-17 09:17 PM
    One of my friend's collegue had issues in getting his citizenship because he changed
    job in less than 6 months of getting GC. Don't know too many details but I know that
    citizenship will have issues..so pls check it out.

    cheers
    Iad

    Hi,

    I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D




    desi3933
    02-18 07:55 PM
    One of my close friend and her husband both had Greencard. She delivered baby in India in 2002. They were not able to get their son to US. They tried visitors visa for the baby but the consulate rejected the visa. The baby is still in India with his grandparents. They filed for his greencard (family based). They are counting days to get their son to US. He is already 6 years old. It is very tough for the parents and kid. I am not sure about the other options that people has mentioned. But I see my friend family directly who are facing this problem. I don't think it is a good idea.

    Parents must have made a trip to US without kid. The rule is very clear. It must be parents' first trip back to US with the kid.




    desi3933
    02-18 06:39 PM
    If you could post some official documentation that would help rajesh1972

    If the child is under 2 years old, and is accompanied by LPR parent upon their first return to the U.S. of the parent who is applying to re-enter as LPR and the parent is admissible, then the child should be issued an I-181 upon his/her first entry as a lawful permanent resident.

    I-181 (Memorandum of Creation of Record of Lawful Permanent Residence)

    I will get official links for that. It is recommended that LPR parent has travel document that allows LPR to be outside US for upto 2 years and preserve green card status.


    **** Not a legal advise ***



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