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  • Lydia
    06-15 01:36 PM
    can you guys suggest how to proceed with my cases... where i am totally screwed up.
    When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
    Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.





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  • sammyb
    11-15 09:55 AM
    Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
    Thanks

    http://immigrationvoice.org/forum/forumdisplay.php?f=17

    check this link and find out your state chapter ... each state has its own yahoo groups mailing list and identified state chapter leaders...





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  • howzatt
    08-15 11:53 AM
    Instead of opening a new thread, I am posting my question here cause this is related to my attorney mess.

    My attorney was telling me that he filed my case with NSC on july 2nd and instead of sending my application with fedex he went in person and filed it in person to be sure. (he filed 211 cases in all). I am asking him for the proof of filing and he is telling that since he handed applications in person, he didn't have any acknowledgment from USCIS.

    Today is August 15th and Can I file my case myself today, so that it reaches before Aug. 17th. Basically since I had all papers with me except medical reports. What would happen if my first application is accepted before second application is opened for entry into system.


    Any, suggestions.

    Check this thread, you might find some answers:
    http://immigrationvoice.org/forum/showthread.php?t=12320





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  • Lasantha
    01-18 11:47 AM
    You can stay out side for 3 years in a 5 year period.

    Friends,
    How long can one stay out of Canada once landed as a permanent resident? Is it 2 years or 3 years???

    I did my landing in July 06 and have received canadian PR but then moved back to US since then and have not visited Canada since.

    Can somebody please provide some input on this? Friend of mine told me that i have to move before July, 08 in order to maintain canadian PR status. Is it true?

    Many thanks for your input on this.



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  • gc_bulgaria
    10-09 06:26 PM
    This is very useful information. So it is the Job Classification code that is important right??

    Thats my understanding as well. The information on salary is a little confusing though...





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  • EB3_SEP04
    08-27 08:08 PM
    Use FOIA form to get a copy of your I-140 approval notice. It is a slow process. Can take upto a year to get the document.

    USCIS - Freedom of Information and Privacy Acts (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )

    I don't think OP can do that, because I140 does not belong to you, it belongs to the company.

    correct me if I am wrong, but I believe the concept is you are asking for copies of documents that you have filed and since you have to attach a copy of 140 along with 485, you have the right to ask for a copy. but since OP has not yet filed 485 or more precisely, has not attached a copy of 140 approval for anything, he/she cannot ask for the same.

    I have heard getting docs from USCIS under FOIA takes about a year or even longer(no experience though).



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  • ChainReaction
    07-31 12:23 PM
    I have a question, if H4 use EAD for employment and is allowed to keep her H4 status , how come a H1b who still work full time for his sponsor employer looses his H1B status when he finds a part-time job using EAD ?





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  • GCwaitforever
    03-07 04:28 PM
    I saw something like April 30th of this year. Please post your comments opposing this fee increase.



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  • indianabacklog
    10-12 07:27 AM
    I am scheduling an Infopass appointment at my local USCIS office in the hope of getting an interim EAD. It has been more than 90 days since they received my application.

    I have a few questions:

    1. What do i need to bring?
    2. What should i expect?
    3. What kind of questions would they ask?


    Your experience in this matter is great appreciated!

    Thanks in advance!


    Take your original receipt notice and the infopass appointment sheet so you will be let in to talk to someone.

    The officer there will email/call/get in touch with the service center who is processing your EAD application to see what is happening. The reality is that normally you will get your 'actual' EAD within two weeks from then. It takes as much time to produce and send an interim card (also big waste of money) as it does for them to adjudicate your application.

    It really is no big deal.





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  • GCwaitforever
    09-12 08:15 PM
    Unpaid vacation is acceptable. Consultants working on hourly basis do not get paid when they do not work. As long as you come on top of prevailing wage rate and the annual salary quoted on the LCA at the end of the year, it does not matter. USCIS understands that you need a vacation too and can not work like a machine throughout the year.



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  • sathyaraj
    12-17 03:57 PM
    Identify what is the job code in your LC and try to compare the new job duties in the similar category. If you happen to fall within the same group then you are fine. like within 15.****


    http://online.onetcenter.org/link/summary/15-1051.00

    Try to identify the job code of ur new job, then you will be able to compare.

    Hire an attorney before taking any major descisions.





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  • vvr
    12-18 08:57 PM
    Pls. send your feedback to letters@mercurynews.com.

    I called them today and cancelled my subscription today after 3 yrs of continued subscription. It's very ironic of mercury news to publish a one sided article against immigrants given their subscriber base.



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  • simmy78
    08-10 02:13 PM
    I recently heard that the new immigration bill is finally going to be passed in Oct 2010. The highlights would be mainly to use all the green cards alloted irrespective of any country. And to support this bill they will receive all the 485 applications irrespective of the PD. Can anyone confirm if this is accurate info.

    Thanks.





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  • morchu
    04-21 08:46 AM
    Depends on many variables.

    1. What is the field of your / your spouse's job? Can you find a good job in Canada?
    2. Is there any other variables that force you to be in USA. (Relatives etc..)?

    For a lot of middle category jobs Canada is even better than USA. Infact Canada is more industrial than USA and has very good quality of life. But if you are going to Canada for a "hi-tech" job, think twice..... (opportunities)..

    "7 years" for US citizenship is tooo optimistic.
    If you are from India, it "may" take 10 years for you to get even a Green Card, filed under EB3. Browse through the forums and you will see than many of the Indians here are waiting for more than 10 years.

    -Morchu

    well, that really sucks, I was not aware of the 180day rule. Many thanks for the information.

    So I have no other option than start all over again. One question, can I apply directly to a new LC or PERM or I need to go thru H1B first?

    My Plan B is Canada, already have Canadian Permanent Resident Card, I need to enter before May 2010....I might need to decide between just moving to Canada and in 3 years get citizenship Vs. Starting new PERM process in USA .....I will be aprox 7 years away from citizenship.


    Any thoughts??



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  • masterji
    09-23 03:59 PM
    I applied for my second AP on 08/11/2009, was approved on 09/03/2009, was received at the attorney's office on 09/10/2009. Service center NSC.

    No FP was done. FWIW my last FP was in Jan 09.

    Thanks for the info





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  • rockstart
    01-08 09:10 AM
    I found this article in imminfo.com. I could not understand the below line in legal sense. Does this line means that delayed registration of birth is not acceptable?

    The article is absolutely correct. The example would be a person was born in 1974 and at that time his/her birth was not registered for any reason. Then say for making passport or for GC process this birth was registered later in like 1998 which is like 24 years after the event. USCIS might not accept the birth certificate as authentic. Please refer to IV wiki for details on how such cases can be resolved. There are many people who have been thro this and though its not easy to answer this query there are enough documents that can be attached as supplimentry evidence to authenticate your BC.



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  • Arjun
    03-15 11:32 AM
    I agree, I think you can recieve incentives, but you cannot work (as an employee) for a corporation other than the H1B sponsor. In any case, as long as you report all of your income you are fine. I do'nt think IRS checks your status to validate your income.


    H1-B folks are permitted to have sources of passive income from entities other than their H1 sponsor. This includes bank interests, stock dividends, profits from stock transactions etc. Most of these incomes are taxable and reported to the IRS on 1099-INT or 1099-DIV forms. When you open a bank account and get a bonus of, say $200, it is considered as interest earned.

    The vital point to remember, I guess, is that H1s are NOT allowed to generate an income from any source (other that H1 sponsor) that needs any tangible work to be done- investments do not count as tangible work.





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  • chi_shark
    02-18 05:06 PM
    You are W2 or 1099.

    if he is working for himself, he has to be a w2 on his own payroll as the president of the company or employee as it is in his case...





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  • desi3933
    03-03 10:48 AM
    Quick question -- Can PD be transferred from EB category to FB category? In other words - can a person having approved I-140 under EB category take that PD to a family based Green Card? Thanks in advance.

    No.

    Refer to 8 CFR 204.5(e) Retention of section 203(b) (1), (2), or (3) priority date.

    http://edocket.access.gpo.gov/cfr_2003/pdf/8cfr204.5.pdf





    kondur_007
    09-21 10:45 AM
    Hi,

    I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.

    I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.

    Regards
    H1BInTrouble

    I agree with all of the above advises and add one more thing:

    Noncompete clauses are there in many job contracts (they have nothing to do with immigration; just employment contract has those); however, they are legally not enforcable in majority of the states.

    In general, the best way is to google it for your state and see if it carrys any value at all (eg in California, they are completely useless and never enforceable).
    Good Luck.





    leoindiano
    06-29 09:28 AM
    Lawyer said they filed on 21st and waiting on the decision. Hope my application is not effected.



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