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  • shar533
    05-23 11:03 AM
    Mr Aggarwal
    Thanks a lot for clarification. So that means I dont have to worry about anything and if USCIS approve my case that shall be for 1 year and 4 days.
    Sharma





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  • greyhair
    03-13 12:30 PM
    Graham is only opposed to the dems passing Healthcare reform through reconcilliation method, which is ramming through Senate with just 51 votes without regard to any republican inputs or support. It's only that the dems are not listening to repubs suggestions on a very important piece of legislation.

    Are you sure democrats are not listening to republican suggestions? Healthcare debate has been going on for over 1 year. In my 8 years in US, never has been so much time given to debate any single issue. Most of the key provisions in the bill were Republican ideas including tax cuts, coverage for preexisting condition etc. Republicans are taking bribes from insurance companies for stalling the healthcare bill. If democrats did not want to include republicans then they could have passed healthcare bill last year when democrats had super majority in the Senate, before Scott Brown's election. All throughout last year democrats have been trying to get republicans on board. Republican party have stalled the entire government. Now with no other choice, after debating healthcare for more than 1 year, republicans want to restart the entire discussion. This is appalling.

    Keeping all tradition, Healthcare bill passed with with filibuster proof majority in the Senate. House passed their own bill with majority. House is now trying to pass Senate bill. Then House and Senate will do reconciliation of the House bill and Senate bill in the conference committee. Every bill has to go through conference committee. After conference committee they will again pass the final bill in the House and the Senate with majority vote. What is wrong with this process? Every republican senator was elected with 50% majority. No one asked republican senators to prove 60% vote. Why can't the Senate pass a bill with 51 votes after passing through the filibuster test of 60 votes when that is how others bills pass? So many large bills including Patriot act were passed with 50 Senate votes + 1 vote of Dick Cheney after the conference committee.

    There was no immigration bill last year because of healthcare debate. Republican party is a party of no and they don't want to see anything done.





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  • waitingnwaiting
    05-09 09:30 AM
    I wanted to share my success story of getting I-485s re-opened with the help of IV last week. Let me start with the end result first and those interested in details could read further!

    Synopsis

    After 4 months wait since the wrongful denial of our 485s, I contacted Immigration Voice (IV) core team for help on April 25, 2011 as a last resort. On the next day morning (April 26th), I received a phone call from USCIS Headquarters in D.C. and the officer informed that Service Center approved my MTR and reopened 485s, and I should receive system updates in a day. At the end of the day, I got email updates confirming re-opening of 485s. It was an incredible moment in my life to receive a call from USCIS about my case. I am very grateful to the IV leadership and its deep relationships within USCIS and DHS. Prior to contacting IV, I filed an expedite request with USCIS, contacted Ombudsman, and contacted my Senator as well. I received standard responses but no positive result. Adding fuel to the fire, my EAD was due to expire in July 2011.
    At the end, even though I never anticipated issues with my 485, I was very happy to see that my active participation with IV’s advocacy efforts over the last few years opened up several options for me to seek help.

    Prologue

    During the middle of last year my attorney moved their offices and we filed a new G-28 for address change. After couple of months of this address change, during early Nov’2010 USCIS apparently sent a NOID asking for AC21 employment letter to the old address of the attorney. USCIS did not send text or email even though both me and my attorney subscribed to the notifications. USCIS did not even send a copy of this notice to me. After 30 days of original notice, USCIS updated their system that their mail was returned. This was the first time we came to know about the outstanding notice from USCIS. We immediately contacted USCIS and requested for a copy of NOID. In the meantime, 33 days elapsed, and USCIS promptly denied I-485s of me and my family. I have been working on EAD and it was due to expire in July 2011.

    Life after denials

    I requested my company for AC21 letter and after receiving the employment letter, my attorney filed I-290B MTR around the end of Dec’2011. I continued to work as usual using my EAD. After couple of months of waiting, I requested USCIS to expedite. Their response was to wait 30 days. Nothing happened. Then, I simultaneously contacted my Senator’s office and Ombudsman. I promptly received responses that they would look into this and I should expect a response from USCIS within 15 days. Based on these responses, I should have received approval by the first week of April. Again, nothing happened until the 3rd week of April. I was becoming wary of my EAD expiry and applying for renewal within 90 days of expiry.

    IV’s Advocacy Days in D.C.

    I have been a donor for the last few years and actively participated in advocacy days of 2010 and 2011. During this year’s advocacy event, I met IV core team and explained my case. Based on their advice, I waited to see if USCIS responds by mid of April. After long wait and exhausting all options, I requested help from IV. As I mentioned, within 24 hours, I got the approval of MTR and our status was restored!
    Though not everyone gets into this kind of trouble, it is very heartening to note that there is someone (IV) behind us to help when in need.

    Final Request to Readers:

    As someone who associated with IV for the last few years and after going through this ordeal with USCIS, I recommend all those waiting in line or waiting to be in line (for GC) to start associating with IV. No matter how little time or money you could afford to work with IV, every minute and every cent is well worth it! Please Get Involved with IV! Thanks.

    Do you get confirmation of G28?





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  • linuxra
    09-24 07:52 AM
    Hi All,
    Thanks in Advance...
    I got an email from USCIS that my and my wife's I-485 got RFE''s
    I files my 485 through lawyer,I recently moved to new location...
    Will the rfe notice come to me or my lawyer...
    I updated the old address on the day i got RFE notice?
    Please advise...



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  • EkAurAaya
    07-17 12:09 AM
    From what I have heard so far, you need the receipt number. Talk to your lawyer asap.

    yes that is what my lawyer said, i think you need to include the a# once you have it from one application





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  • hazishak
    11-03 01:07 AM
    What do you guys think? USCIS will listen whatever IV says? Also NSC received more applications than other service centers. So it is reasonable for NSC to be behind.

    Admins/Moderators:

    Can this be taken up with USCIS???

    Thanks



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  • Green.Tech
    09-17 12:02 PM
    if you can find such a company...nothing like it!

    but how many have such flexible policies..;-)

    I agree! Not many firms out there that are flexible in this case.





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  • ubetman
    08-08 10:28 AM
    My application has not been sent yet. They are planning to send it to TSC. My confusion is:

    According to USCIS website, in I-140 addresses to sent information, for concurrent application of 140/485, it says if the permanent employment is based in this state, it goes to this center.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c31c5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    In 485 addresses to sent information under employment based category, it says if you live in this state, sent it to this center. This does not say about concurrent filing applications..

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb7b5cdc2c463110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD

    I live in Texas but in labor employment, permanent job offer address is in diff state which comes under NSC.

    Since mine is concurrent filing, I don't know to which center I have to sent the application....Lawyer is saying he will send it to TSC, since I live and work in Texas. But I want to make clear things as I don't want to end up sending to wrong service center. If process delayed, thats fine..but if the application is rejected...then thats a big problem..which is why I am mostly concerned....lawyers r busy..they don't consider all our concerns...in the faqs:pdf released by USCIS, it says if the application is sent by mistake to VSC or CSC, then they will route it to either TSC or NSC but it does not say about if application is sent to TSC but has to go to NSC, it will route it to approriate service center...

    tension ...confused....lawyer don't reply...he doesn't care much...

    anybody has hotline number to call and confirm with USCIS...thanks in advance..



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  • Aah_GC
    06-01 01:37 AM
    As suggested by vxb.. make sure you have your I140 approved, as long as you have that - you should be good to look at other options. If you use AC21 without I140 approval, its puts you at risk as your employer can revoke I140 even after 180 days of I1485 application. Seems like you have that figured that one out.

    The thing with your TME role is, it is very explicit with the word "Marketing" in it. The concern with USCIS is it might actually object your transition from an engineering to marketing position. Not sure if you are moving with the same GC sponsoring employer (if that is the case, you should be good). But if you are thinking about a different employer, make sure you are moving with the same / similar type of roles. After all your GC labor was approved for a specific role that did not find a GC / citizen with similar skills.

    Use your AC21 privelege wisely.

    Hi,

    I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.

    A short description of this role (for those of you who don't know about this role)

    The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels

    I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.

    All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.

    Appreciate your thoughts on this





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  • pappu
    12-18 09:55 AM
    Hi

    My wife need to travel to india urgently. Our visa/I94 expired in Oct. We already applied 485 and is pending.

    1) Will there be any issue at airpot as I94 is expired.A xerox copy of 485 receipt is sufficient.
    2) Does she need to travel any path in this case( I heard thru London is issue if visa is expired.France/Amsterdam Etcc..)

    Thanks in advance.
    Sree

    Do you have EAD and AP?



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  • fcres
    06-27 12:05 PM
    His lawyer was right. If he has H1 he can do H1 transfer to another employer and invoke AC21 to continue AOS.

    I see, so that means if i have to invoke AC21 i do H1 transfer. But what if the other company don't want to do H1? Then i guess working on EAD is the only option.





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  • rajev_kk
    10-10 04:55 PM
    You have slogged all these years. Take a break, have a Kit-Kat and take a vacation in Italy. Have heard it's pretty good. Have a good time.



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  • stemcell
    02-11 11:38 AM
    Albertpinto

    Nice idea actually.

    There have been many articles about economic growth secondary to legal immigrants.
    In retrospect all of us come with couple of suitcases and end up in the top 10% of the socioeconomic strata given a time frame of 5 yrs or less.
    Washington know this but the lethargy to do anything for us is i think is political.

    Now that CHANGE has been elected lets see whats in store for all of us.





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  • gcsim
    07-19 08:56 AM
    I did my address change last month and got soft update...my dates are also current.On friday I got a notice from USCIS for biometrics...don't know what triggered it..still waiting for the biometrics notice for my family.



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  • SeanDell
    05-28 05:37 PM
    Hi,

    I am on H1B in US. My current H1 is valid till July 6, 2009. Then I have an approved H1 extension valid from July 7, 2009 for the next 3 years to 2012. I also have my I-485 applied and is pending for the priority date to be current. I am planning to go to Canada in the last week of June to complete the Canadian PR Landing formalities. I would be in Canada for about 6 days and plan to use AVR (Automatic Visa Revalidation) while coming back to the US. I have a couple of questions with regards to that:

    1. My current passport is valid till September, 2009. Can that be a problem while coming back to the US using AVR (as passport will be expiring in app. 3 months)? Is there any minimum Passport validity period for US POE to enter US?

    2. When using AVR, is there a new I-94 issued at the POE or the same previous I-94 is handed over as it is?

    3. As I have a pending 485, can the completion of Canadian PR Landing formalities and use of AVR while coming back to US be a problem at the POE or for 485?

    I would highly appreciate the replies.

    Thanks.





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  • kcforgc
    06-07 05:53 PM
    It is the same here in FL. They mention it as a "TEMPORARY" licence.
    Moreover, they renew it only for 1 year at a time even though my H1 is valid for 3 years. This way they get $15 each year instead of every 3 years.



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  • chanduv23
    09-23 10:21 PM
    lol funny to see myself in there..i have a shaky voice lol...eeks..wish i could hide...

    Most appealing :) 16 years..............





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  • imind
    03-12 12:09 PM
    SUBJECT:
    Start new LLC with wife's EAD and work on 1099/w2 to any company :

    GETTING HARD TO GET IT JOB WITH H1Bs. Asking ONLY accept work on 1099/W2 with EAD/GC with Self Incorporated company LLC Certificate :

    I have following questions on starting LLC on wife's EAD :

    My 1-140 is approved and I-485 is pending (i140 and 485 both completed 180 days) and me and my wife both have EAD and AP. My current status is H1B with the current employer who filed for GC.

    Q1: As current market crisis, lot of companies asking to work on 1099 or on their W2 basis.
    (lot of IT jobs listed for only EAD/GC ....NO H1Bs like that...became hard to find IT job with H1B ).

    For getting job purpose only, can I open LLC (100% owned by wife's name) on wife's name only and can I work for my wife's company through AC21 with my EAD (I'll ask my lawer to do all necessary paper works to meet my job role and job description are same kind and meets AC21 portability) .

    Q2: Lot of new companies asking to show my self incorporated LLC certificate in which my name should be displayed in order to work for them via 1099/w2 basis.
    In this case, what exactly I should do to work any company in US on 1099/w2 basis?
    (Assume that I already opened LLC on my wife's EAD and 100% owned, and my name
    is not listed in the company llc certificate).

    Q3: In case if I joined my wife's company through AC21 under same job role/name that I'm doing ,
    How can I work for other company on 1099/w2 basis?
    How can I work for other company on Contract-to-contract basis?

    As this is very critical step and helps lot of people, please help advise BEST possible options with step by step advise to avoid any other status changes and get smooth GC process run which is already in process.

    Thanks appreciated.
    Imind





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  • Hewa
    07-31 04:51 PM
    Well your temporary license is as good as ur old license. Does it have your picture and DOB..if so then take that along..passport should be avoided as long as not necessary(to prevent it from getting lost).

    This is just a letter sized paper. No pictures. Some people accept it. Some don't. Even in Florida. It didn't use to have a signature. But I guess now it does. Last time I asked them and they said it is valid and should be accepted anywhere in FL. But, try renting a car with it.

    Its worse if you have to travel out of state, and rent a car. I had to travel on work and it was horrible. Every time you use your credit card they ask for photo ID.





    gc28262
    06-27 10:48 AM
    Hi,
    I have been out of client project after May 15th 2009. I work for a major Consulting company and have been on Bench since then. Got laid off on June 22nd 2009 due to lack of work in these tough times. For the past 5 weeks, I have tried to find a project through various job sites and could not succeed to get even one client interview due to various reasons. One major reason being Billing Rate, which was not fine with my previous employer.

    I am aware that my current stay is not legal anymore and have to wind up things here and leave US at the earliest. I would be getting my last paycheck till this week(June 26th 2009).
    Not sure how much more time it will take for me to get a job. Can anyone advise how long can I stay here to find a project/job(if lucky to get one soon) and be able to transfer my H1 without any issues.

    Please advise as I am in dilemma to stay in USA and try for 1 more month or go back to India at the earliest to find a job there, though the situation is bad there too.

    Please refer to Murthy site link here

    http://www.murthy.com/news/UDtermh1.html

    Q4.Can I apply for a status other than H1B if I am being laid off?

    A. In certain circumstances, an H1B employee may be able to apply for another status. There are a number of different options. Depending on a person's individual circumstances, one may qualify for one of these categories.

    Viable options may include F-1 (student status), H-4 or F-2 (dependent of an H1B or F-1 spouse, respectively) and B-2 (tourist) or B-1 (business status). While such a changecould help one stay in status, it is important to ensure that the eligibility criteria are met for whichever status one opts. INS has confirmed that a laid-off H1B worker may apply for a visitor�s visa in order to look for employment. However, a person who is on a status other than an H1B may no longer be able to enjoy the benefits of H1B portability and will be subject to the H-1 cap. This may be the only available option if the applicant's I-94 is expiring, but should not be done without a full understanding of the legal and other consequences.





    kanta80
    04-03 10:59 AM
    Thank you very much for your reply, sertasheep. Your information is really useful for me.



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