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  • maximus
    11-07 12:38 PM
    Yeah uscis is pin pointing from anything to everything. Some case they are asking for client letters, which is usually tough for a consultant to get, but nothing to worry for genuine cases.




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  • kookoo
    08-03 07:18 PM
    Thanks

    I will speak to my current and Ex-Employer let see what happens.

    I hope I can get that letter back.




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  • neodyn55
    07-30 01:57 AM
    "Funny reply:
    Way to use your reproductive system to get ahead in line bro? If your father had had this idea, you wouldn't be here on these forums, but surfing on laguna beach with a cold martini and semi white chick.
    another way of saying.. "stand in line & wait your turn""


    *I've* done that. Maybe you guys need to get out more :p




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  • pmb76
    07-22 03:54 PM
    Trance - Indeed a tough call. I've been in the US 12 years now. I chose my career over the GC and have learnt a lot, have a great job but no GC yet.
    Looking back I would choose GC. I have a lot of wounds on my back over the past decade. In my opinion go for the GC.



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  • sush
    10-03 06:46 PM
    The latest one I see is 07/28/2007




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  • Bolt
    04-23 11:48 AM
    Hi Guys,

    I got the good news to share every one. got the approval . its wonderful

    Hi ,

    congrats! did you get an approval i.e 797 with i-94 or without it ? am in the same situation, my previous h1b was denied on mar10th 2009 (which was filed on march 24th 2008). i had a transfer to another company thru premium processing on 30th of march 2009 and got approval on april 21st.

    Please do reply.



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  • daishwarya
    07-23 02:06 PM
    @linuxra: Did you get an RFE on your I485??




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  • kris04
    07-06 07:44 PM
    Why would you need an EVL from your new employer or inform the USCIS of your job change, in this case? AC21 does not require you to "file AC21" (whatever that means), contrary to what has been advised in this forum many times. Please Google "Yates memo;" see, e.g., http://www.shusterman.com/pdf/ac21-51205.pdf. Here are my attorney's comments in this regard:

    "AC21 is the name of the immigration act that allowed portability for those who have an approved I-140 and I-485 pending over 180 days. There are no regulations for this provision therefore no instructions regarding notification so there is no actual action to "invoke AC21". The Service will sometimes send out an RFE just prior to approving an I-485 to request confirmation that the individual is either still employed by the sponsoring employer or if not, that he/she was portable when changing positions which is evidenced by a letter from the new employer."

    I don't think you should request any thing from your new employer other than a job offer. You need an EVL *only* in case of an RFE. And no need to "file AC21!"

    with the lack of regulation on AC 21 law, each attorney's take different position when it comes to handling AC 21 cases, in my case the primary reason driven to file AC 21 is the small window of period available in getting I 485 adjudicated when the PD is current, so I don't want to loose time when the PD is current and get an RFE from USCIS and running back and forth to get the RFE responded before loosing PD, more over I took the 20 minute counselling with Murthy law firm and they advised to notify USCIS about employer change.Later I was fortunate that USCIS did not issue RFE(may be it helped USCIS by notifying them in advance and clear their doubt) and approve my I 485 when PD was current.

    Cheers

    Kris



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  • Ann Ruben
    05-15 04:15 PM
    I believe that in the original post, Keerthi indicated that he was in India.




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  • saravanaraj.sathya
    08-24 10:51 AM
    Pl post the recording I missed it.

    Vivek Wadhwa spoke very nicely and hit right at the core of the EB Immigration issues and backlog. I talked to him along with my wife and told our story. I also told that lot of people like me will be opting Canada or Australia or even go back to India if the EB Immigration issues are not fixed. If US doesn't fix its Immigration Policies for Skilled Immigrants then they go back to their home countries or other contries who understand their worth. After all this is our most productive age and we won't waste it.

    I will try finding the recording of the show and post it here.



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  • VivekAhuja
    12-12 05:49 PM
    Hi!

    I have an approved H1 until 2009 but expired visa in my passport. I have AP and EAD approved. My lawyer has the original I-485 receipt notice - I only have a fax of it. I am travelling to India in Jan-08.

    I am planning to re-enter the USA on AP. Do I need original I-485 receipt to re-enter? OR is AP documents enough? Do I need to carry approved H1-B notice or any other docs?

    Thanks for your help!
    Vivek.




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  • gee_see
    10-19 12:06 PM
    As i mentioned in my first post, new job offer salary is more than prevailing wages for that location.

    My concern is how USCIS will interpret AC21 cases where the salary is more than prevailing wages for the new location but less than specified in LC.

    Does it help if we include a letter explaining salary difference and prevailing wage information for the new location from DOL site

    Please advise



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  • eb3_nepa
    08-25 12:54 PM
    I work for Company A, applied i-485 and both got EAD & AP.She is the dependent.
    My Wife works for Company B which sponsored her H1.

    So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?

    As per my laywer, you should be able to work for an H1B and still re-enter using an AP. However for questions like these it is best to consult a GOOD attorney.




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  • fromnaija
    11-30 11:19 AM
    I don't think you are correct. Portability applies after 6 months of I140 approval. But you can not use AC21 for job profile / labor zone change. So, I don't recommend you changing job title.


    You are wrong! Portability applies after 485 has been pending for more than 180 days.



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  • smartboy75
    09-26 07:32 PM
    Hi All

    Please read the below article...finally someone is talking about law abiding immigrants hardships...

    Hope the CNN's, the Lou Dobb's read this and present the truth to the american people...

    Encourage everyone to read it...

    http://blogs.usatoday.com/oped/2007/09/one-familys-nig.html




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  • vedicman
    01-20 01:46 PM
    Any EB3 here?
    Famous American Immigrants � Immigration Update (http://immigrationupdate.wordpress.com/famous-american-immigrants/)

    Even your link does not provide which category these immigrants came from - possibly because employment category did not exist, they came early in childhood with parents......

    Besides stop creating the rift between the categories in this forum!

    Einstein - Germany
    Madeleine Albright: Czechoslovakia
    John Muir: Scotland
    Joseph Pulitzer Hungary
    Felix Frankfurter: Austria
    Martina Navratilova: Czechoslovakia
    Irving Berlin: Russia
    Saint Frances X. Cabrini: Italy
    Mary Harris Jones: Ireland

    Edward M. Bannister: Canada
    Rita M. Rodriguez: Cuba

    Ieoh Ming Pei: China
    Subranhmanyan Chandrasekhar: India
    David Ho: Taiwan
    Ang Lee: Taiwan

    Hakeem Olajuwon: Nigeria



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  • seeking_GC
    09-23 06:31 PM
    Thanks for this info. Would you mind sharing the fax number? Thanks in advance.
    I assume you mean the fax number for NSC - it is 402-219-6171.




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  • desi3933
    09-09 04:19 PM
    What is the difference between 1099 and W2 ?

    Thanks,
    theOne


    W2 versus 1099 (http://answers.google.com/answers/threadview?id=463647)




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  • hebron
    08-16 02:50 PM
    Hi Hebron,
    I will get my money if i complain to DOL. But, do i have to stop working at the same client now. Will there be any problem if i continue working with the same client.
    Thanks,
    Srikanth

    You have a valid H1 with the new employer (client), so there should be nothing wrong working with the client.

    Have you or your client signed a contract with the parent company? If you have not signed a contract, there is nothing to worry. I would assume your client may have signed a contract with your parent company(old employer). If that's the case the issue is between you current employer (client) and you parent company (old employer).

    You may also want to check with your attorney.




    ilikekilo
    04-13 06:47 PM
    Hello All,

    I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

    These are my friend's details --

    EB3 -- India.
    I140 approved in July 2007.
    485 filed in July 2007.
    MS in Engg from USA.
    MBA in Finance from top ten school in USA.
    Has applied for couple of patents in tech field.
    Author of few papers in tech field.


    My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

    What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

    Also suggested were EB2-NIW and self-employment options.

    What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

    I really appreciate all your replies. Pl treat this as very urgent.

    Thanks.


    my 2 cents

    probably long shot, but can he ask his existing employer to give a EVL based on his old labor, not asking you to lie or whatever, howwever, U r suggesting to USCIS that besides the technical job he does which is mentioned in the EVL he also "wears a hat of MMgr" or whatever...hope it makes sense...




    lazycis
    05-07 01:22 PM
    from AC21 memo issued on December 27, 2005

    Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
    Answer: Yes. The alien cannot still be looking for “same or similar” employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.

    So find a new job before I-485 is approved.



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