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Thursday, July 7, 2011

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  • mohitb272
    12-10 06:54 PM
    I was hired by my present company as a software engineer. I did development for 3 yrs and the company later moved me to a Business Analyst's role later. However, my labor application lists my job duties as s/w Engineer in a programmer's role.

    Would I be able to use AC21? Do I need to find a s/w development job or can I join as BA as well? I am in a big predicament. Any help here is greatly appreciated.

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  • Hewa
    07-27 01:07 PM

    My I-94 which was issued 2 years ago in the port of entry got expired(this I-94 was based on my previous employer "ABC". I have applied for H1 extention and got my 797 extended with new I-94 recently with my new employer "XYZ".

    My question is which I-94 details should I use while filing my 485. Obviously my labor was filed by "XYZ" company.


    Use the latest (and valid) I 94. The one that came with the H1 extension.

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  • ragz4u
    03-14 01:34 PM

    Are there any updates to the Bill that is being discussed right now ? I mean we have updates saying that they are discussing illegal immigration, border security, etc. I guess all of us are waiting to see & hear if something about us is getting discussed there. Something which would benefit our own community.

    Please don't get me wrong, but many people hopefully look at the posts everyday thinking that there might be an update which might benefit thier case.I would urge & request someone from core members to give continuous updates.That would also eliminate lot of doubts especially amongst groups who are not very clear on the immigration voice activities.


    This is the link for the other thread http://immigrationvoice.org/forum/showthread.php?t=278

    FYI, the debate will resume tomorrow again. Updates will be provided real time (hopefully).

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  • adreg
    06-05 10:22 AM
    If it makes you feel better -- its 11 years for us :). And no Labor Cert since I am black-logged at PBEC. So we need the annual H1B extension ritual :(

    Yep, if CIR falls apart its pack-your-bags-and-go-home for us.


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  • Raj12
    02-05 05:25 PM
    I am in Alabama (near Huntsville)

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  • starone
    10-29 11:52 AM

    Can you share here or by pm the letter which you wrote to revoke your previous Attorney? I am also in the same boat where i want all my correpondence sent to me.


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  • h1bemployee
    06-25 04:18 PM
    1. What was your original I-94 date before H-1B amendment was filed by Company A?
    September 30 2009
    2. What was amendment for?
    amendment is for change in annual salary
    3. Why H-1B amendment was denied?
    The amendment was filed way back in sep 2007 and they got the RFE in Nov 2008....
    The amendment is denied because of the Annual salary specified & also because we couldn't get the End client letter(Client told me that it's company police not to provide such type of letter). we provided main vendor contract.

    Please answer these questions, before I can put my opinion.

    Not a legal advice.
    US citizen of Indian origin

    Pls see my answers under the questions

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  • Ramba
    01-04 12:07 PM
    I am in non-IT engineering field having stressful job, as my job is always challanging. Though, I have good career record, I want to get into relaxing job. I am getting advise to change my field to IT. Few of them advise me to take course in QA or SAP to change the field.

    As most of the forum members are in IT field, perhaps this is a right place to get some advise.

    I want to have a relaxing/flexible job as I want to enjoy the job (no brainy job, as I have done enough in my field). Are these QA or SAP jobs are stress free? What is the prospects or future for those jobs in long term? Before giving up 10 year career in engineering, I would like to do trade studies.



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  • gc_maine2
    08-08 04:27 PM
    OK good another thread, now you have posted this info you can also close this thread.:)

    Q33: When filing an EB I-485 using the old fee, what version of the I-485 form do we use?
    A33: The current I-485 form version dated “7/30/07 Y” should be used. The form can be found at www.uscis.gov
    Q34: To ensure that the correct fee is submitted, may an applicant submit both a check for the old fee and a second check for the new fee?
    A34: USCIS requires that all applications and petitions be submitted with the required filing fee or a waiver, if applicable. USCIS urges the public to exercise caution in submitting additional checks in incorrect amounts: extraneous checks may slow down the intake process and may result in an erroneous rejection of an application (as in the case where the check in the correct amount is missed) or in the inadvertent cashing of such checks, since filing fees are normally non-refundable. For additional information, the public is referred to the fee requirements announced in the Federal Register on August 1, 2007 (Temporary Adjustment of the Immigration and Naturalization Benefit Application and Petition Fee Schedule for Certain Adjustment of Status, FR at 41888). This regulation amends the new Fee Rule, and requires that aliens who file an employment-based Form I–485 and any related Forms I–765 and I–131, pursuant to Visa Bulletin No. 107, through August 17, 2007, must include the filing fees in effect prior to July 30, 2007. The new fee schedule becomes effective on July 30, 2007, for all other immigration and naturalization applications and petitions and on August 18, 2007, for Forms I–485 and all subsequent or ‘‘renewal’’ applications for advance parole and employment authorization based on pending Forms I–485 filed pursuant to Visa Bulletin No. 107.
    Q35: Will previous USCIS policy still apply in those instances where the original approved labor certification cannot be included in support of an I-140 petition, such as when the original has been lost or previously filed with USCIS, or when a duplicate approval must be requested?
    A35: Yes. While an original labor certification must be submitted in support of certain I-140 petitions, USCIS will continue to accept duplicates of previously filed Labor certificates and, as in the instances stated above, in cases where an original labor certificate has been properly filed with USCIS.
    1 USCIS may issue future “FAQs” on this topic for the benefit of the public, should additional questions arise. Such FAQs will be dated and numbered for ease of reference. Department of Homeland Security
    Q36: Will USCIS accept Schedule A concurrently filed I-140 petitions and adjustment of status applications that are filed on or after August 1, 2007?
    A36: As previously stated, USCIS will accept properly filed Forms I-140 filed on behalf of aliens with a priority date on or after August 1, 2007; however, pursuant to August Visa Bulletin No. 108, USCIS will reject any concurrently filed adjustment of status applications filed by aliens with a priority date on or after August 1, 2007.
    Q37: Will the new I-765 filing instructions apply to Forms I-765 filed based on employment-based adjustment of status applications filed pursuant to the July Visa Bulletin No. 107, if filed between July 30, 2007 – August 17, 2007?
    A37: No. The fee of $180 for Forms I-765 and the fee of $170 for Form I-131 will remain in effect for those aliens eligible to file an employment-based adjustment of status application pursuant to July Visa Bulletin No. 107 until August 17, 2007.
    Q38: Where should an employment-based adjustment of status application be filed if the underlying I-140 petition remains pending with USCIS?
    A38: Forms I-485 may be filed at either the Nebraska Service Center or the Texas Service Center in accordance with the Direct Filing Update issued June 21, 2007, regardless of where the pending I-140 was filed. Applicants should submit a copy of the I-140 receipt notice or, if the applicant does not have a receipt notice, include a brightly colored sheet of paper on top of the filing with the following notice and information:
    TO THE MAILROOM: The enclosed I-485 Adjustment Application(s) should be matched with a pending I-140 Immigrant Petition for which no Receipt Notice has been received. The Immigrant Petition [type, e.g., I-140] was delivered to [Service Center] on [provide date of filing and tracking number]; Petitioner's name; Beneficiary's name; Beneficiary's date of birth; Beneficiary's country of birth.

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  • justAnotherFile
    07-11 09:18 PM
    this is not a published article.
    He has just taken the issue you emailed him, verbatim and posted it as an alert on this board. NO claims or copyrights on the verbiage.
    so I guess it is ok.


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  • nat23
    05-22 04:22 PM
    If you have I140 cleared from company A you can use Priority date if you change Job and apply fresh GC from Company B in any catergory.

    How will this change if the new legislation/amendment that are discussed passes.

    Any ideas guys.

    I would recommend you take up the new job and apply under the point based system. Right now they have 140K for EB categories and it will go down to 90K. So even if you keep your PD, you case will be retrogressed further.

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  • file485
    09-27 11:16 AM
    this is a hot topic right now..!!

    many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)

    anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..

    In no way,this situation can be treated as a substituted labor...

    So may I take it from this thread, bottom line that we cant do it..


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  • black_logs
    03-25 08:34 AM
    TOI is the champion of these kind of nonsense, after S.1932 was passed by the senate they published an article saying 'Good news, A bill for Green card increase, H1B increase ..... have been passed by U.S. lawmakers' with no mention of house hurdle etc. I fail to digest that the reporter who is writing the article doesn't know, after the bills get passed in the Senate they go to Congress. But it's TOI they can do that.

    Today Times of India has published an article "Immigrants cost Americans low-skilled jobs". They have referred a study by Center for Immigration Studies. I have already thrashed TOI for publishing such nonsense and urged them to stop helping anti-immigrant groups by publishing such stupid articles. All members please post comments on this article and ask TOI to stop nonsense. whether low-skilled or high skilled this is going to help anti-immigrant cause.


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  • shsk
    07-20 08:57 PM
    I checked with my attorney, they advised better not to change address until EAD is received.
    If it is emergency then address can be changed but with this confusion and emergency filing it adds to some more confusion :confused:


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  • whattodo
    03-25 02:24 PM
    Click on view questions and then write immigration on search box and click on search. You will see immigration questions. Economy might be the main theme but all kinds of questions are accepted.

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  • mmanurker
    06-06 10:15 AM
    Contributed $100...
    Transaction ID: 0LE04357M8091673D


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  • kirupa
    01-24 04:07 PM
    Added those notes sage and iamthejuggler :)

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  • Eveready
    07-10 09:37 PM
    Well i just sent a message to my lawyer and this is the reply i received.

    "If her current H-1B has been counted against the cap before, she should be able to return to H-1B status without having to wait for the cap to reopen."

    Pls comment:)

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  • breddy2000
    01-04 02:59 PM
    Thanks for replying to my message. Even if she leaves the country, she has no H1 or H4 visa stamping to come back. Her COS(H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 and we didn't knew that we have to apply for H4 side-by-side. Bcoz of this situation, she has neither of the status. Even if we want to apply H4, her H4 is already expired in Aug 2006 and I am not sure if we can apply for H4 now. Can we apply for H4 now...??

    -- Venkat

    Recently there has been and update on the H1 , L1 Law stating that they have de-coupled the max limit stay on H4-H1 Visa time limits. Meaning, a period spent on H4 is not counted for 6 year limit on H1 Visa and also does not depend on ones spouses 6 years limit. So, it may be possible that you can get her H1 extended beyond the Expiry Date.

    I'm not very clear about your problem((H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 ) How can the Visa expire in 3 months? But i would suggest you to contact a Good Lawyer in this matter. We did it and it worked for us...
    Also see this link on H1-L1 decoupling issue here.


    02-05 06:26 PM
    what is OCI??

    04-05 04:27 PM
    I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
    Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
    I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.

    Being from ROW, porting PD is least of my worries because PD for EB2 ROW is current so I don't really have to port my PD. My only concern is if I have enough time to get my I-140 approved from the new employer so that I can continue to extend my H1B. From my calculation above, there is enough time but I am not sure if have missed any steps or miscalculated the processing times.

    As for EB2 from the current company, that isn't working out well hence the drastic measure to move company.

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