Saturday, June 25, 2011

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  • jonty_11
    08-13 06:40 PM
    just read teh 3rd post above urs...phew!!! that was tiring wasnt it...




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  • txh1b
    08-18 11:31 AM
    What was the RFE about? You should not begin work for new employer as you do not qualify for H1b portability. Any employment prior to that has the risk of being considered unauthorized.




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  • viper673
    06-07 12:37 PM
    Yes pending 485 at TSC.

    The IRS can't produce transcripts older than 3 years.

    There's a form you can fill out and pay $39/return and takes up to 60 days, but even on this one it says: "records older than 7 years may not be available as it's admissable by law that they be distroyed".




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  • kirupa
    03-02 04:07 AM
    Lill - the last day is March 27th :)



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  • santb1975
    02-15 05:41 PM
    I will keep you posted on how this goes.

    May you have plenty of supporters coming your way.

    I am happy to report that one brave Dallas member called up and we both will be collecting letters at the DFW Temple on Sunday.




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  • Pineapple
    10-10 08:54 AM
    My wife finally got her EAD card.. Hooray!

    But: It has MY photo on it instead of hers!! All other information on the card is correct.

    I called USCIS and the received wisdom is that I need to send in another I-765 (with no fees as it is obviously their mistake) and include the current EAD card.

    Is this the only option? We cannot wait for another 3-6 months while the application is lost in the pile (again).. I asked the USCIS representative if the local office can help, but she wasn't sure either way..

    I was wondering if anyone has had a similar experience and if taking an Info Pass appointment helped in getting a corrected card faster.



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  • kondur_007
    09-17 09:38 PM
    I dont want to duplicate, but I think following "cut and paste" from my previous post may be a fair thing to do; just for the information.

    I am not a lawyer; but this is what I believe to the best of my knowledge:

    1. If you never used AC21 (still working with the employer who sponsored I 140); your obligation at the time of GC approval is to have a "good faith intention to work with the same employer permanently". It is not clear in the law as to how would you prove that intention...most people say that you should work for some duration (6 months or 12 months at least...or something like that) after GC is approved to "show" your good faith intention.

    2. If you ported to employer B using AC 21 (before the approval of GC); you have the same obligation to the new employer B and NO obligation to original I 140 sponsoring employer. (this is especially true if you informed USCIS of your porting and also true if you did not inform USCIS but law is less clear in the later scenario)

    There is really no law that specifies the duration.

    All it says is :"you should have intention to work for the GC sponsoring employer (or AC21 employer if you ported) permanently."

    Intention is a state of mind and it can change!! also all these employments are at will, and so it is possible that you may not like that job! Or on the other hand employer may not like you and fire you in a week.

    Bottomline: You will be fine under most circumstances. However, if the issue is raised at the time of naturalization, it would be much easier for you to explain/show that you did have intention to work for the employer if you actually work for the sponsoring employer for some duration (6 months, 1 year...all these are arbitrary numbers).

    If you never worked for the sponsoring employer, you may not have a lot of grounds to show that entire GC was not a fraud...

    Again, there is no clear law on this...

    followup post:

    I think there is a mix up here between two things:

    180 day clock does start on the first day after filing 485, but that is for the purpose of AC21. Once you use AC21, then the next employer assumes the role of "your future permanent employer" and you should have "intent to permanently work for that(new, not the sponsoring) employer" AT the time of GC approval.

    If you use change the employers 7 times using AC21 before your GC gets approved; you should have "intent to work permanently for the latest employer".

    You are not bonded slaves. The only issue is that the "burden of proof" of proving the intent to work for such and such employer is on the GC beneficiary and not on USCIS. So in future, if USCIS questions (or CBP questions), it is YOU who has to prove that intent.

    One scenario where you WILL NOT BE ABLE TO PROVE IT: if you never worked for the sponsoring employer.

    One scenario where you WILL NOT HAVE A PROBLEM PROVING IT: if you worked with sponsoring (or latest AC21) employer after GC approval for some duration (60 days?? 90 days?? 6 months?? 1 year??)...no law on this.

    This is the whole purpose of Labor Certification process and I140. And it applies to the categories of EB2 (except NIW) and EB3--any category that requires LC.

    This is from my discussion in following thread:

    http://immigrationvoice.org/forum/showthread.php?t=3305&page=2
    http://immigrationvoice.org/forum/sh...ad.php?t=20403

    Hope this helps.

    Good Luck.




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  • AirWaterandGC
    05-15 12:04 AM
    I have repeatedly said that is not about any one person's GC. Count on me to be with IV even when I get mine. Its the fight for justice.



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  • Tshelar
    01-02 02:11 PM
    The consulate usually do need more info if you work for Pharmaceucatical or Biotech company. I work for a Pharmaecutical company and when I had gone for my Visa interview they were very specific to ask me if my work deals in any kind of research in chemicals etc. Since I work in the IT department and has nothing to do with reasearch they did not ask for any more info.
    I think your wife should be fine if she furnishes the info that they need.




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  • GCwaitforever
    08-17 08:58 AM
    I would not advise people to move to UK without a job offer either. I read in the documents that the VISA is granted for 2 years.



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  • sunny26
    02-26 12:19 PM
    today atlast my 140 approved nsc dec2006 eb3




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  • senk1s
    05-08 02:29 PM
    1. This is debated a lot - some attorneys feel send it only when they ask for it, some say it is better to send letter proactively

    2. For these apps there can be a new attorney - i think the old G-28 for 485 will still be effective/ valid

    3. As of now - it should be similar and subject to interpretation

    4. Proferred wage is considered the minimum requirement - so i think it should be ok. But i dont know for a big jump



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  • jnraajan
    01-08 04:57 PM
    Thanks Sanjay02.

    Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
    If I use new one(which is valid), isn't it in contra with AOS application?

    Has anyone faced this situation ?

    I used my new passport number and never had any issues. In fact, I also had filed for an H1b extension with the new passport. so, Dont worry




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  • fatjoe
    09-02 10:57 PM
    Is it possible to let us know their RD and ND too? Just wanted to find the pattern on how TSC is approving the case. That would be much helpful for those who are waiting.



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  • paskal
    12-27 04:43 PM
    follow up call today
    details are the SAME

    10pm cst
    we will try to keep to the point and keep it short
    please attend




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  • inskrish
    08-04 11:45 PM
    I got the magic mail today ---Card production ordered!!! Just for me.
    The status of my wife's I485 remains the same ---> Received and pending?

    Any one in similar situation?

    Good to see a 2003 case is getting approved. I believe you are a TSC filer. Hope your wife's case get approved soon.:)



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  • f1vlad
    07-17 02:18 PM
    can you provide the link to that blog? I cannot find it.




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  • hopefulgc
    05-12 05:51 PM
    Absolutely

    the only requirement is if we can strictly follow what has been mentioned in the post.

    Its like this .. would we be ready to drop $1000 or $2000 to get GC years earlier?

    i think the answer in my case is yes.




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  • feedfront
    10-05 03:17 PM
    I was trying to open a brokerage account with Bank Of America (Merrill Lynch) which was denied as it does not recognize EAD.
    The web site clearly says that you should be a citizen or a green card to open an account

    Did anyone opened it recently.

    Drop by to local branch and you should not have any issue. Most of institutions have GC or citizens only for opening a/c ONLINE (even CitiBank NRI used to have issue, I'm not sure of it now). It works if you drop by to the local office. I'd also had issue w/ eTrade and Scottrade's online but it worked when I walked-in to local office.




    LostInGCProcess
    09-18 05:05 PM
    But if I get out of US and get back with H1b stamping will then I can start again with my current company as H1b while I wil work with EAD for another company full time?

    Please try to understand. Once you use your EAD, you lose your H status. Doesn't matter if you hold H1 from company A and work on EAD for Company B, or vice versa.

    Ok, now once you start using your EAD, you are in AOS pending status. But if you want to reinstate H status, Yes..you go out of the country, get the Visa stamped on your passport and enter as H1-b...but then you should not use your EAD if you want to continue to work on H1.




    ita
    01-23 03:15 PM
    Did you mean the perosn filling the form or people visiting (between 15-55 years of age?)

    I finished D156 but didn't show 157 form

    Thank you.



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