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Thursday, June 30, 2011

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  • sk.aggarwal
    06-02 03:36 PM
    Check with attorney if they have they filled other EB2 petitions in this fashion and got approval? I dont think you can do much if both attorney and HR want to process perm in a certain way





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  • andy garcia
    07-02 09:50 AM
    I live/work in california - and on the I-485 form it says the address is :
    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    Can someone please advise? Apologies if this has been covered already.

    Employment-based adjustment of status.

    File all employment-based AOS applications at the following address:

    USCIS Nebraska Service Center
    P.O. Box 87485
    Lincoln, NE 68501-7485

    This includes an EB Form I-485 filed concurrently with a Form I-140, Immigrant Petition for Alien Worker, and an EB Form I-485 filed based on a pending or an approved Form I-140.





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  • interfile
    08-26 05:51 PM
    Can somebody post the procedure and/or the sample/format of a letter to USCIS requesting to interfile?

    Has anybody successfully gone through the procedure for interfiling I-485 from EB to FB?





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  • sachya
    08-19 05:30 PM
    Thanks all for your responses.

    He got his passport with a stamped Visa y'day.

    The long wait has finally paid off.



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  • cox
    February 12th, 2005, 07:19 AM
    Ander's crop does look better. It removes the clouds that were making the diagonal eye path to the lower right. :)





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  • Scythe
    10-28 10:09 PM
    It's not uncommon for text to be cut off when put inside a path. Perhaps the rest went missing and you didn't realize it since it all just looked like a bunch of binary code to you. It certainly does to me.



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  • mbartosik
    06-14 12:33 AM
    If you are on speaking terms, and she is in USA, then consider extending an olive branch to her. You can always extend the olive branch after you get a receipt notice for your I485.

    I think that she can file as a dependant separately, using your receipt notice, so you don't have to decide before filing. It would be unusual, but I think possible. That approach may have several advantages.





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  • aaren253
    02-19 02:52 AM
    Johnny, you must have a passport. I also suggest that you carry a notarized letter signed by both of your parents that you have their permission to make this journey.



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  • #2: Emma Stone: Also in House



  • shivakmr
    08-09 03:11 PM
    Jasmin45---------> Dont waste your time by giving this kind of suggestion....we are not looking for this answer at this point of time.

    From the point of BEC this is the right area..........

    Immigration Voice > Labor Certification Stage > Backlog Processing Center

    and if u still have a problem with that..........move it urself.





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  • lost_in_gc_land
    01-24 04:59 AM
    Hello Bpositive,
    I am in the same situation as you are and have been for about 2 and a half months. I got a yellow slip and still awaiting feedback from the Consulate who in turn is awaiting a response from Washington.

    It depends on when you left the US and if you received your AP before your left the US.

    There was a letter published on November 1, 2007 which can be found here

    http://www.uscis.gov/files/pressrelease/HandLFinalRule110107.pdf)

    If you received the AP before you left the US then there is no risk in returning on the AP from what I have been told but if you did not receive it before you left the US then there is a risk of you entire AOS process being cancelled and this all depends on the officer and the situation at the POE.

    Unfortunately in my case I didnt receive my AP until after I left the US and am awaiting feeback from my lawyer regarding the rule in the link.

    Let me know if you find any other information
    as it would help me as well.

    Please..request that only those with personal experience with this respond. I have to decide in the next hour or so and have lawyer opinions already.

    Has anyone gone through this?

    My H1 is pending 221g admin process (Pink. possibly because I have a Phd in biology) I can't wait much longer as I may risk losing my job. Can I travel on my valid AP? I am not concerned about keeping my H1 status etc. My only concern is at port of entry. Lawyers have told me it is ok, but I would like to hear from people who have done this themselves.



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  • gcgc2005
    12-17 10:37 PM
    Hello Everyone! Please advise me on the following agreement.

    I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.

    "
    This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")

    Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.

    In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.

    Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.

    Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
    "





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  • bkshres
    10-27 04:26 PM
    I paid $350 to my attorney. However there is no filing fee.



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  • doshhar
    10-09 10:31 PM
    I am looking for the similar information regarding temp. EAD for my wife. Can someone please advise here..?





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  • acecupid
    06-12 04:30 PM
    Guru, I intend to seek your opinion/thoughts on some thing that is going on in mind.

    I am working as a contractor for a Insurance Company. My GC process is started thru a desi consulting company. Priority date is Jun 2007 EB3 - India

    The company is now offerring me to join them as permanent employee. They are saying they can help me with immigration.

    My question is .. I dont understand how they can help me. I think the best they can do it apply as EB2 - India. (Which we heard recently is no better then my current EB3 India.)

    Am I missing anything here ? Trying to make up my mind one way or the other (to accept this position or not.)


    Didnt you ask your desi company how they will help in GC process if you join full time ?



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  • Blog Feeds
    10-26 11:40 AM
    For most Lawyers handing H1B (http://www.h1b.biz/lawyer-attorney-1137085.html)cases, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable.

    Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems.

    In August and September 2009, the Ombudsman received complaints concerning H-1B cases with incorrectly denied Labor Condition Applications (LCA/ETA-9035) filed with the U.S. Department of Labor (DOL). LCA processing delays and errors at DOL, when coupled with USCIS� current H-1B petition initial filing requirements, are prejudicing employers and individuals who are unable to timely file original or extension H-1B visa petitions. Untimely H-1B petition filings lead to
    problems, including: (1) the potential loss of employees� legal status; (2) business operation disruptions due to the loss of continuity in the employment of key employees; and (3) economic loss to employees in the form of lost wages and costs of travel overseas due to loss of status. USCIS has the authority to mitigate the impact upon these customers.

    To mitigate the impact of LCA processing difficulties, the Ombudsman recommends that USCIS:

    (1) Reinstate USCIS� previous practice of temporarily accepting an H-1B petition (Form I- 129) supported by proof of timely filing of an LCA application with DOL, and issue a
    Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified
    LCA; and

    (2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly
    rejected.

    Given that Form I-129 instructions say a petitioner must provide evidence that an LCA has been filed with DOL, and that USCIS has previously accommodated petitioners in nearly the same circumstances, implementing these recommendations as a temporary solution is warranted. We welcome the above referenced guidance, and hope this will assist many H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) filers that are in need of faster processing.








    More... (http://www.visalawyerblog.com/2009/10/h1b_visa_lawyer_temporary_acce.html)





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  • optimist578
    10-17 07:37 AM
    I am in the same situation as thesaintmav. My priority date is Mar 03.
    I am really curious to find out more about the conversion process from EB3 to EB2, especially, whether it can be done staying in the same company.

    Waiting for the EB3 pointer to move from Apr 01 to Mar 03 might take ages, I would guess at least 1 to 1.5 years - given that the EB3 visas are retrogressed in "all categories" - not just India or China.



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  • Rb_newsletter
    06-16 09:39 PM
    L1s don't visit these sites because most them don't apply for green card. L1s are majorly used by big companies like TCS, Infosys, etc. Those big corporates won't apply for GC. Very rarely based on relationship and long service some apply for GC.

    I see lots of L1 bashing. In reality L1s are pitier than H1s. L1 cannot transfer their visa and change job as H1s do. They have to wait till H1 quota to open up for changing jobs. They run in a rat race to keep their manager happy to get better rating in their appraisal.

    PS: I am on H1 status.

    6 to 1...... maybe L1 guys don't visit this forum since they already got thier GCs....:rolleyes:
    H1 loosers still hanging here.....





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  • amitk81
    09-02 01:43 PM
    the lawyer asked me to cancel the appointment.

    My company booked me a ticket to India for a week and I got it stamped in India (Mumbai) no questions asked and in less than 3 mins I was out the consulate.

    I suggest cancel the appointment and wait until you are traveling to India and get it stamped.





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  • fasterthanlight�
    05-19 05:43 PM
    Added a pink thing.





    gauravster
    06-05 07:13 PM
    Just want to know that is there any law
    which help to get overtime for full time employee.

    I know if you consultant you get paid by hours but not when you become full time employee.

    As said earlier, overtime is paid to non-exempt employees. As a white collared employee's most of us are not eligible for overtime. when working as a consultant, your employee contract (if not explicitly, implicitly) gives you a bonus for the overtime that you do. There is no requirement. If you are consulting though, your company might bill overtime if you work overtime, it may or maynot decide to give you that even if they are getting it.





    saketh555
    08-17 03:54 PM
    You'll get it till expiry dt of your h1, they'll issue a new one with 'CY' under endirsements section meaning you are eligible to ride motorcycle.

    My 2 cents - its better to wait until your h1 is renewed.



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