Thursday, June 16, 2011

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  • dpp
    07-19 04:37 PM
    Yes, don't worry guys. Once I-140 is approved, most of employment and job related stuff is over.

    I-485 is mainly for status change stage to check criminal background (not job related :) ), FP and name check. They won't check much on job.

    It is all straight forward and only a time consuming stage. Thats all. Enjoy the AOS pending stage.



    This is confusing..I have a similar situation(not paid for 2 weeks)..

    When i talked to my lawyer she said that employement verification is done in I-140 and since that is approved I dont need to worry abt it for 485??

    What does your lawyer say?





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  • hebbar77
    05-18 06:17 PM
    In india we created so many types of quotas, some of us cant even live there expecting fairness.
    Now here? ....! Jees!

    I want a quota so that I get my GC tomorrow, though I have no valid reason.





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  • vinoddas
    09-26 06:24 PM
    i was in a similar situation about this with a priority date of Jan '06.. i was planning to get married in dec 2009.. but my dates were current and fearing that I might get my GC soon, I rushed to Australia (my fiancee is AUS citizen) and got a registered marriage done... she is still in aus and planning to join me later using following-to-join when i do get gc.. unfortunately, I did not get my GC when the dates were current in Aug or Sep...

    but, i dont know how to advice you.. it is a very sticky situation... i think best option is to do H1B, and before that to try and get some visitor visa... my lawyer says there is a 50% chance for one to get H1B if you apply on April 1st.. and almost 0% chance if you apply after April 1st...

    oooh another option that i thought out, during my stressful thinking days about this, was that the H1B quota is not valid for certain jobs.. like doctors, and also if you work in like non-profit orgs and stuff... try to explore that.. this means that ur wife can get H1B right away...

    F1 is not an options, since you have to show non-immigrant intent.





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  • Michael chertoff
    11-25 03:24 PM
    Great job Pappu

    MC



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  • JA1HIND
    01-26 06:00 PM
    hey thanks for the replies....
    I talked to the employer and he says that this is a standard clause that is put in almost every company's offer letter. While I am experienced and dont need trainings, there are other candidate who will go through some trainings prior to start of work. The company does not want to loose the training costs incurred for those candidates who may leave them just after completing the training. And hence the clause.

    I need one advise from you all...In case I do not take any training from the company, and decide to leave the company after some duration, will I be liable to pay something to the company considering the above clause? Is there a way the company can prove that I went through a training when I actually did not? Is my position safe?

    be careful with what your employer say's "....that this is a standard clause that is put in almost every company's offer letter."..one thing is for sure, if its written in terms & condition or some type of agreement, I don't understand how can your employer say that its standard clause.....is he/she gone out their brains??

    You take training or don't take training and still planning to leave before agreed contract then company will have full support legally to BURN YOUR A** at any time if they need to....(FYI- I am the personal victim and ended up paying 7K..which hurts when I think about it....) and just wanted to warn you to be careful before you make any such decisions and might end up something like what happen to me....





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  • javadeveloper
    08-20 03:58 PM
    May be http://www.dol.gov/esa/forms/whd/fts_wh4.htm , I am not sure



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  • realizeit
    02-11 11:53 PM
    Mr MPADAPA,

    I know you have spent some time analyzing the whole stuff and came with your conclusions. At the end, if someone says that the crux of your conclusions are wrong, for an emotional person, it would be tough to take. A rational person would take it lightly and think before responding. In your immediate previous reply, you just cherry picked a quote from my previous reply and put that as my interpretation. Please do not put words into my mouth. My reply has been pasted below in its entirety.

    You have campared the paragraph with NumbersUSA argument etc. Dear friend, my argument was exactly opposite to that paragraph. I think, you didn't get the meaning of the paragraph itself. My paragraph contained phrases like "If your argument is correct..", ". If the unused can be given to ..". etc, which makes the argument exactly opposite to what mentioned there. So, that means I believe exactly opposite to those arguments.

    I acknowledge that you have every right to interpret the law in whichever way you want. My point is that, it really doesn't matter to all of the folks who applied in EB2 and waiting for GC. The thing that really matters is the way in which USCIS acts this year. They can act in whatever way they want. This year, if they say, there won't be any family visa wastage, we will get nothing. Contrary to that, if they see that by the end of the year there is a chance for 15K family vis wastage, they may allocate that to employment category.

    To all EB2 folks out there: No need to really feel bad or happy about the analysis of Mr. MPADAPA.

    My general advice to anyone who put forward an argument for propaganda and a campaign is: Don't massage the facts, don't twist the facts, don't over analyze, don't under analyze, Also don't say that your interpretation is the final verdict. Because, even if we can analyze all the immigration related laws in the whole Federal register, we may not be able to come to a final conclusion....!! Why? Because you don't have a clue what is in the field manual and internal memos of the USCIS and you don't know how they procedurely allocate spill over etc on each year. As long as USCIS and DOS can use the terms "In Anticipation..", "As per our expectations..", no one will be able to hold them accountable for the visa wastage.

    MPADAPA..you may continue your argument/discussions, if you think this is a moot point. But I don't believe so.

    If you can prove your initial basic argument with complete facts and details, I will openly declare, I am wrong! Your original argument was "Since the family category used up all Visa numbers in 2008, in 2009 EB2 cannot expect any spill over from Family category and hence we need to expect slow movement....".

    Instead of proving the above, you may cherry pick my statements and continue to beat about the bush. I am giving up here my friend.

    Good luck :)




    realizeit, you just didn't get the unused visa calculation.
    By the way your interpretation quoted below is exactly what numbersUSA used to claim that there is no visa available for recapture. And they used that argument to shoot down our recapture bill.

    Knowing that PD's aren't going to move forward drastically, we need to start working towards some thing drastic like a bill/amendment. Or we can sit and mull over it and wait until the second week of Aug (when Sep bulletin is announced) to show our frustration.

    My complete earlier reply

    Still I disagree my friend. I know, law is the law! What I am disagreeing is your interpretation and conclusion.

    In reality, towards the end of the Fiscal year, if USCIS/State Dept finds that visas will go unused in one category, they can use the spill over rules. So, if there are some potential unused visas in Family category they can add it to Employment category and vice versa. This will all work in the same year. It will not work or get transferred to a following year. In your initial argument, you said, because all the family visas for 2008 are completely used, we won't get anything from that category as spill over during this year (2009).

    If your argument is correct, there won't be any need for recapture laws that we all are working for. If the unused can be given to the next year, no visa will get wasted. USCIS/DOS can just give the unused in family category to Employment category in the following year and vice versa.

    In reality that is not the case. Visa number in one year will not flow to the next. So, your original argument is completely wrong. If there is nothing left in family category for the year 2008, that has nothing to do with the expected spill over to Employment category from family category in 2009.

    In my opinion, law is complex and snippets of the law from here and there won't will not clarify anything. So, if anyone would like to be optimistic, stay there, to be pessimistic, stay there - this whole argument by MPADAPA is not enough to change your state of mind :) Just my observation!





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  • ups
    07-27 03:36 PM
    I am July 2 filer...

    I mailed second set yesterday...

    Then I thaught I mailed to Nebraska address then I mailed my third set to Texas center, dont want to take any chance whichever will be accecpted first.

    I am smart...;)
    you really are:D



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  • drona
    08-28 06:00 PM
    I have sent you a PM.





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  • tcsonly
    01-04 10:57 AM
    I think all 3 of them (Husband & 2 wives) should apply for their own H1B's and make it here and then apply for separate GC's.



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  • vban2007
    08-19 02:18 PM
    Do we need to select this last option?:

    I declare that I prepared this petition at the request of the above person and it is based on all information of which I have knowledge.





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  • h1techSlave
    06-24 12:57 PM
    Right now with the unemployment at > 10%, immigration reform is a tough sell.

    For the average joe, an immigrant is a job stealer; despite the evidence that immigration creates new jobs.

    So I wouldn't pin my hopes on any immigration reforms, until the unemployment is below 7% or so.

    If this is true, how come CIR is one of the main agendas of democratic party. Also remember hispanic votes were a deciding factor in the last election. GOP acknowledges that. Moreover voters demographics has changed since last election. Electorate is comprised of higher percentage of forward thinking younger generation.

    IMO anti-immigrant racist voter percentage will be on decline in coming years. So democrats/gop is better off catering to the likes of this younger generation.



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  • gianik
    05-25 05:01 PM
    Thanks for informative posts. and Thanks specifically for addressing the wages question.
    Another Quebec/Ontirio question.
    Apart from the French language and referendum threat, are there any other downsides for Montreal? I guess the reason I seem to be fixated is that I think if I am going to make this change I might as well change the life setting to somewhat more European (in terms of architecture and the environment overall) as I am getting tired of American setting some times. So Montreal sounds more European in that sense. I do however, have a wife and kids and not sure if that makes a difference in the choice of destination as oppose to being a single migrant. Any differences in terms of education quality or family friendly policies between Ontario and Quebec?
    Thank you





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  • rameshvaid
    06-17 10:52 AM
    ^^^^^^^^^

    I have suffered a lot due to this stamping business and I have a thread on IV "STUCK IN MONTREAL" I was there for almost 2 months with 2 of my sons and wife. My oldest one lost his full smester of college, 2nd one was only in 4th grade and got lucky due to his excellent record in school and hence was promoted, due to this stamping business and I was poorer by 30K. I will do whatever needs to be done to get this bill rolling and am ready to share my story with any one..

    This was my 3rd stamping with the same employer and 2nd one was also in Toronto in 2005 at that time I had no problems and this time my salary was almost 30% more tan the last one in 2005.

    Great effort and Good Luck..

    RV



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  • gg_ny
    04-13 01:43 PM
    My GC application is buried somewhere, had a vey bad week at work with piling up workload and closing on deadlines, my child as a cold, my neighbor's dog has an infection that shows up smelling foul in my front porch, it is going to snow and rain this weekend, May visa bulletin is released, EB-2 India has not moved up; topping all these there are some nimcompoohs here fighting out in a public forum about how incapable we all are to change the federal laws! God, have some mercy. Give some time to IV moderators and me some power to permanently ban these people to write to any immigration forums I read. At least give me my GC soon so I don't visit IV as often I do now and come across these kinds.

    As two of the more senior members on this forum, please set a good example for others...not this.





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  • mammoy2k
    09-09 07:04 AM
    I140 should be approved or approvable at the time of filing. Yates memo is very clear on that- I-140 approval is not required in concurrent filing. Also there is no salary requirements on invoking AC 21. Again, please read Yates Memo.


    Requirements to change employer when GC is pending:
    - I-140 should be approved
    - More than 180 days should have passed after filing I-485. The clock for 180 days starts from 485 receipt.
    - Approved EAD

    Significance of 180 days barrier
    If you have approved I-140 and EAD, you can change employer without having to wait for 180 days. But then your employer can revoke the I-140 which invalidates the 485 application. After 180 days from I-485 receipt, I-140 cannot be revoked so that is why it is always recommended to invoke AC-21 after 180 days from the 485 receipt.

    After 180 days, you cannot change jobs, you can only change employers
    When you invoke AC-21, you have o fulfill two conditions:
    1.) You new jobs has the same or similar job description as mentioned in the green card labor certification application
    2.) You salary should be almost the same as the wages mentioned in GC labor certification application

    This means, you have to continue to stay in the same job title and job description till the time your GC is approved. If you fulfill the requirements mentioned above, you do not have to inform USCIS when invoking AC-21. You just switch employer. At some point USCIS will send you a query asking for the information of the employer who continues your green card application. It is best to take up job where the job title and job description is exactly the same as specified in your GC labor certification application. Any variance in the job title or job description could be extremely damaging to the GC application processing.

    It is best to not to change to an employer offering you anything less than the wage rate specified in the GC labor certification. On the higher side, it is better not to take up a job that offers more than 4% more salary of that specified in the GC labor certification. It is hard to resist 20-30K higher salary, but one would have to resist the temptation for taking the job offering higher salary. Otherwise, there is a risk of USCIS denying the GC application.

    USCIS doesn�t account for dollar appreciation or devaluation. USCIS also doesn�t account for annual inflation when calculating the wage rate. So even if your labor certification was applied in 2003, you still have to continue at the job with the salary specified in the GC labor certification. If GC application takes another 5-7 years, then you have to continue with the salary specified in GC labor certification application.

    Hope this is useful.



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  • GCSeekerCT
    08-16 10:31 AM
    I have nothing against lawyers, most are hard-working and smart. But that smartness also makes them confuse others and ultimately its the clients who have to pay for the smartness of the lawyers.

    I am totally against that.

    making a living is one thing, but talk about confusing people and milking them for the money !!!





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  • viv24
    05-26 12:13 AM
    My problem is that, i have approved h1b, went for stamping to canada, got stuck there for 60 days under 221g, the consulate has still my stamping pending,meanwhile to protect my job i used my AP.

    my questions, do i have use ead or can stay in h1b when the stamping is pending.





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  • dc2007
    08-23 04:55 PM
    I agree that "It is an irony that most people here who raised valid concerns have "red" reputation". I don't know how it works. I know it doesn't matter but I just added +ve reputaton for ck_b2001 and Lisap.

    Anyways, I think the moderators should not forget that this is an open forum also. And it has become popular because of people like us. As of now I am using this site as a forum where I get some info/experience from people like me regardng GC. Its an important thing (to get GC) and a painful process. May be thats why this site/forum has got so many serious members, spending time and sharing their so much personal information.

    But to me (its just me), GC is important but not a life/death thing and there are lot of other things which are more important to me other than getting GC. Frankly speaking, I will spend time and money in those other things at this time. May be sometime later when I will be more comfotable and have more exp. with persons here, I might participate actively here too. And I believe lot of others might have similar thoughts.

    My point here is that:

    1. This is an open forum (like immigrationportal etc.) to discuss/share views/exp about GC process. So let it be like that only. If its not, then I will ask moderators to "please close this open forum".

    2. IV is a very good cause, but all of us (affiliates to moderators) and moderators should try to explain this in any way they want but please NOT BE PUSHY, AND ABUSIVE.

    3. In this way, who so ever wants more participation, let him/her come forward. But at the same time, if anybody is not convinced or don't want to participate, then let him to do that also. Why PUSH.

    Good Luck to all of you





    gc_on_demand
    06-01 11:08 AM
    I did my part





    rajakannan
    06-27 08:13 AM
    This is by far THE MOST RIDICULOUS suggestion on this forum I have come across.

    Sorry man, this wont work for ANYONE out here. We have been waiting since TWO AND A HALF Years to file and now you want us to wait for 15 more days only to realize that USCIS may actually yank the rug out under us. I mean think about it, we will all feel like MONUMENTAL FOOLS if that happens. Try explaining THAT to your spouse who has been waiting for 2 years or more to apply and get an EAD. I know mine would KILL me if i even suggested that to her ;)

    Most of us are concerned about short term goal of getting the application to uscis as quickly as possible , but think of the end result of whether your application be accepted if we rush, the uscis can come back and reject at any time from any date as it happened to Eb3-other workers. In any case there is a very good chance that your wife will kill u ;)



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