Saturday, June 25, 2011

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  • spec1968
    10-26 01:03 PM
    It is difficult to obatain approved vacation from my employer.
    Apartment from leaving the country and recapturing, are there any alternatives.

    Please advice




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  • mariusp
    07-31 04:26 PM
    Don't worry, that's what they do down here. I renewed twice and that was the deal every time. You'll get your DL in 30 days in the mail.




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  • visa_reval
    04-26 11:33 AM
    Just realized I did the same mistake too. The field is not "starred" and so is not a required field. I've already sent in the supporting documents. I am thinking of sending a separate letter a la sparky_jones.




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  • Eternal_Hope
    04-07 10:32 AM
    Hi, I am in exactly the same situation. Would just the I-140 receipt number suffice? My employer also hasn't given me any copies of the I-140 and labor certification copies. My I-140 is approved and it's been more than 180 days since I-485 filing..please advise.

    I am planning to change jobs using the EAD / AC-21 in the next couple of months. To start off the process I wanted to get all the approval notices from the lawyer so that I have all the documents in place before I change jobs.
    My employer uses a popular law firm to handle the immigration filing etc. I sent an email to the lawyer asking them to send me a copy of the I-140 approval notice.The lawyer responded that according to my company's internal policy they will not provide me a copy of the I-140 approval notice.

    I would like to know the following -
    1) Has someone else also faced a similar issue ?
    MANY PEOPLE ARE IN A SIMILAR SITUATION.
    2) If so , is there a way to get them to send me a copy of th 140 approval notice
    NO - EXCEPT IF THEY HAVE A CHANGE OF HEART (GOOD LUCK FINDING LAWYERS WITH HEARTS!)
    3) Does the employer by law have the authority to restrict the distribution of the 140 approval notice
    THAT'S WHAT PEOPLE SAY.
    4) Do I need the 140 approval notice in order to use EAD/AC-21 to change jobs ?
    IT'S GOOD TO HAVE IT AS A REFERENCE, ESPECIALLY IF THERE ARE 'REQUEST FOR EVIDENCE' IN THE FUTURE. IN ANY CASE, AFTER 180 DAYS OF 1-485 FILING, AND IF YOUR 1-140 IS ALREADY APPROVED, EVEN IF YOUR EMPLOYER REVOKES THE 1-140 IT DOESN'T IMPACT YOUR ADJUSTMENT OF STATUS APPLICATION.

    AS A SIDENOTE - IN ALL LIKELIHOOD YOUR LAWYERS WOULD HAVE INFORMED YOUR EMPLOYER THAT YOU WERE ASKING FOR I-140 RECEIPT, THEREBY SENDING A SIGNAL TO YOUR EMPLOYER THAT YOU MAY BE JUMPING THE SHIP SOON!


    Thanks

    ALL THE BEST!



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  • nixstor
    04-08 10:18 AM
    Hi all,

    One of my relatives who has been here in United States for last 10 years keep on telling me that there is a co-relation between Expedition of Green Card process and election year.

    I am planning to switch my job as I am having a great offer, but he kept on telling me that in the past, he has noticed great expedition of green card process during the election years. He advises me against switching the job at this point. My PD is Jan 2005.

    Please let me know, if any of you agree with him.

    Tell him that this is NOT India or any other country where they can do 10 things to get votes. I heard this from one guy who is on EAD and thinks something will happen in the election year. purely ludacris..




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  • Steve Mitchell
    March 28th, 2004, 11:15 PM
    I'm sure a lot of folks are pretty bored with basketball by now, but I kinda like this one from tonight. Don't worry, if Indiana goes to the Finals (which there is a very good chance they will, we only have until June. :)


    http://www.dphoto.us/forumphotos/data/543/1miami1.jpg



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  • coopheal
    03-13 10:12 AM
    Thanks. It is employer decision.
    I know of cases where, H1b was not cancelled.
    Can you please give link to USCIS site stating the rule ?

    ALL: Please share your experience in this area.

    I know from my company lawyers that if employee leaves the company they have to inform USCIS about the leaving by requesting to cancel the H1B.

    I am not sure why you company would like you to move from H1B to EAD?




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  • cdeneo
    01-11 04:39 AM
    Thanks so much for your feedback on this query - this is really helpful.

    I am a resident of Washington state and would really appreciate any additional information you can share with me regarding eligibility and application for UC benefits here (documentation required (A# required?), other application requirements to be aware of, etc). My I-140 is approved and I-485 has been pending for more than 180 days and I am currently working on my EAD.

    Thanks again for your help with this query, I look forward to hearing from you.

    There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?


    The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.

    As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.

    To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.



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  • little_willy
    07-28 06:24 PM
    My friend who is a contractor in the company where I am working, is right now on H1B. He is a very hard worker and cheerful fellow. My employer (among big5 tech companies in US) offered him fulltime position.

    His EAD is going to be expired soon, as he is a july 07 filer. He is worried that if he joins my employer at this point, and if he doesn't get his EAD renewed in time, he would be in trouble.

    He already sent papers for renew but haven't heard back. After six weeks, his current EAD will expire.

    can anyone guide, what are his options? my employer will not file H1B. is there anything like interim EAD?
    You can expedite his case as I consider this an emergency. Check this link for more details. http://immigrationvoice.org/forum/showthread.php?p=179864#post179864




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  • Mera_Bharat_Mahan
    02-28 07:07 PM
    I am not sure why you all are all so worried about finger printing. No one is getting their GC anytime soon. PD for both EB2 and EB3 is either unavailable or in 2001. Even if FP takes a little while, don't worry.

    I have a friend who never got finger printed till he got his GC. So relax.



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  • jungalee43
    01-10 08:12 AM
    I have mentioned details about Murali Bashyam in some other post. I was introduced to him in a IAFPE seminar on immigration and stayed in touch with him for last three years (and he is finally on my file too). In my AC21 processing he helped me even though he was not my official attorney and did not charge me a penny. I found him a thoroughly gentle person and he always replies very promptly.

    Here are contact details: -

    Murali Bashyam - Managing Partner
    Bashyam Spiro & Edgerton LLP - Immigration Law Group
    www.bashyamspiro.com
    919 833-0840 x28
    919 833-4722 fax




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  • mbartosik
    03-12 04:08 PM
    Name check is not an issue, the IO told me that name check is started soon after receipt of application, and 180 days have passed. There is a new rule that name check cannot delay I485 by more than 180 days.

    WOM - the 2 years may have changed, since WOM cases were usually fighting name check. I think that it is probably one for an attorney, so I'll likely consult attorney in May regarding WOM.

    Any more comments welcome.
    e.g. raising via Congressman's office.
    Receipt date vs notice date of last transfer -- which sets the processing date.



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  • bsbawa10
    08-15 09:56 AM
    Why are there two "Priority Date" columns?

    There is onlly one. The other ones are for the notice date and receipt dates




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  • REQUIRE_GC
    02-15 12:04 PM
    My I140 is pending since MAR 07 (waiting for almost a year)from NSC...still no LUD or decision...its very frustrating:confused:

    See my signature



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  • prasadn
    10-07 07:31 PM
    My wife is in a similar situation. I-94 validity matches passport expiry (Dec 2008) , but H1 visa stamp is until Mar 2010. She has a new passport, but we are not sure if she will be out of status if she does not get a new I-94 and stays in the country beyond Dec 2008.




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  • Gigantic697
    10-12 09:33 PM
    She can get letter from her employer that mentions that she's on maternity leave to prove that she is still employed and also that she can join back.



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  • desibechara
    08-02 11:21 AM
    Well few comments:
    - For LC you cannot use your current work exp...it has to be relevant prior one
    - Your first one (if its relevant is the one you can use) and if second one is not relevant to your LC at current position then you can ignore it. If its relevant then every month will count and you should get one work exp from second one as well.
    - Now if there is nobody at second place (in the company who can give this work exp letter) then hunt or locate any colleague and tell him to give work exp letter in his or her current letter head. This has to be done.
    - For clarity sake , make one work exp letter with the set of responsibilities and send it everywhere so that all have same set of duties that are in LC.

    Thanks and take care
    Best Regards,


    So I guess I will have to really hunt someone who worked there. But I do remember that one of my friends who had worked abroad and showed experience abraod for LC was asked about the letter as RFE but in his reply he said he could not..and some time in march he got the approval..I guess he was lucky! That was the reason I thought I could..

    Anyway for not to waste time in RFEs I might as well get the letter!

    DB




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  • hinvin66
    05-13 12:24 AM
    IO verbally said last week that it's approved but there is no SLUD, LUD, CPO, PDA or anything else yet.

    Still waiting...




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  • sujith1
    07-09 07:55 PM
    I did self filing of EAD and AP and sent the docs using USPS express mail. When I checked the status this is what I found

    "Status: Notice Left

    We attempted to deliver your item at 10:59 AM on July 9, 2008 in MESQUITE, TX 75185 and a notice was left. A second delivery attempt will be made. If unsuccessful, we will hold it for five business days and then it will be returned to the sender. Information, if available, is updated every evening. Please check again later"

    So if nobody picks it up after the second delivery they will send it back - Was it a mistake to send by express mail?

    Thoughts???




    Desertfox
    06-07 06:06 PM
    I think its your LC job requirements which governs EB2/EB3. For EB2 classification on your I-140, your job must require 'Masters' or 'Bachelors+5Yrs Experience' on Labor Certification.




    gc_chahiye
    07-16 11:57 PM
    My 140 was filed last week and I don't have the receipt number. Can I file 485 without I140 receipt number?

    From what I have heard so far, you need the receipt number. Talk to your lawyer asap.



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