Sunday, July 3, 2011

Tattoo On Achilles

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  • narentilwani
    03-05 02:04 PM
    I believe my situation is a lot similar to man-woman-and-gc except maybe that I am single. This is what I have achieved so far after sticking to Company A for 4.5 years (this one was pretty big in size; so didn't have to worry about any paperwork):

    1) I-140 approved in August 2008 (total of 198 days till date i.e. March 5th 2009)
    2) I-485 pending since July 2007 (USCIS receipt date of September 29 2007)
    3) EAD valid till October 2010
    4) H1-B valid till October 2010
    5) PD: Feb 2007

    However as a preemptive measure against any potential layoff from company A, I have started looking around. I am preparing a checklist of things that I have to inform the other companies (say company B) so that the transition is smooth. The 2 main things I can think of to talk about with any potential employer are:

    1) I DEFINITELY want to maintain my H1-B; so they will have to transfer it. I will be pushing this to make sure I have the flexibility to get a dependent at any time

    2) They will have to help me MAINTAIN my GC process. For example any minor changes in the position requirements to show that the job is similar or same. Thats one reason I am primarily looking at similar work profiles

    I would GREATLY appreciate if someone from this thread can point me to any location or list out the things that I should be extremely careful about or notify to both my previous employer and the future employer to avoid any future pains in my GC process. A few things that I remember are as follows, but please provide more information that may be missed out here:

    1) Do I have to ask Company B to apply for anything relating to my GC? I want to make sure that they know and agree to all costs associated with the paperwork? Dont want to end up paying from my pocket as I have heard in a few cases before

    2) I believe since my I-140 is approved for more than 180 days or actually my I-485 being filed for more than 180 days, I am allowed to move, correct?

    3) Since my I-140 is approved and I have an EAD, can USCIS/Company A cause it to be revoked? OR it doesn't apply to my case?

    4) Do I need to ask Company A to maintain anything? Or just keeping good relations with them is enough :)

    Thanks a lot to everyone in advance. Please let me know at your earliest convenience as you never know when opportunities come knocking at your door. Its better to be prepared ;)

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  • shivakmr
    08-09 02:47 PM
    Those people who are all stuck in Labor certification.

    1. What are the options going forward if our labors are not certified?.
    2. What are the chances that BEC people are not able to meet their deadline (sep 30) in clearing LC?
    3. Is there a justice and truth in life? Or everything depends only on time and luck?.
    4. What if some of us get laid off.........our path ends?.
    5. Is there something GOOD waiting for all of us?.

    Waiting .......waiting...........waiting................wa iting sucks!.

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  • fromnaija
    06-23 12:46 PM
    In addition there are applications that are labelled 'EXPEDITES' on receipts. These are applications where the applicant or one of the dependents is between 20 and 21 years old.

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  • Blog Feeds
    04-06 10:50 AM
    Immigration Visa Attorney Blog Has Just Posted the Following:
    The Barack Obama Administration recently announced that border guards at United States Ports of Entry (POE) will begin screening aliens arriving from certain countries based on specific information about threats to the USA. The immigration attorneys at Los Angeles' Fong & Chun immigration law firm are advocates for national security balanced against sensible protections for civil rights. We hope this change will reduce the number of unwarranted, unreasonable, and (usually) unfriendly challenges to certain arriving visitors.

    Since the New York terrorist attack in September 2001, the USA has maintained a list of approximately fourteen countries (the so-called "group of fourteen") which are considered to encourage state-sponsored terrorism, or which are believed to provide assistance to terrorists. The US would not even officially name the specific countries, or confirm the exact number of countries, on the list. All citizens of one of these countries -- of any gender, any age, any social class, any educational level, for any reason -- would be subjected to additional interrogation by US Border Guards.

    The newly-announced change sets up a system which uses intelligence information and threat assessment -- about specific persons, specific targets, and specific descriptions, to identify passengers who might have a link to terrorism. Quite properly, those persons would be subjected to additional scrutiny. Others who do not meet the more reasoned threat profiles would be allowed to enter the USA in the way of other visitors.

    For example: most people in the know would say that the Islamic Republic of Iran was part of the group of fourteen. All citizens from Iran -- absolutely all -- would be pulled aside and interrogated at POEs. Under the new system, if the US has specific information about a 26-year old male Iranian student, or an Iranian woman with a certain name, or even someone with a partial passport number, then persons meeting those descriptions will be pulled aside. This allows border guards to focus their efforts on persons about whom the USA has specific threat-related information. --jcf

    More... (


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  • sunofeast_gc
    11-29 12:11 AM
    same thing happen to me too, we applied for correction and got corrected PD after one month.

    Since my PD was/is not current waiting one more month was not a problem for me.

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  • ssharma
    06-30 05:06 PM
    Here is a memo from one of the law firms, I found on the net.

    After digging thro' forums it seems everyone talks about having the "intention" of staying with the Employer after GC.
    Here's my question.
    - Should the "intention" be on the day of filing 485 or the day you get GC ? (a date in future that no one can predict).

    If the "intention" has to be at the time of 485 filing then, after 180 days of filing 485 one should be able to change employers, irrespective of the case being approved or NOT.

    thoughts/comments ??


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  • Shiddique
    01-07 08:51 AM
    Actually, you're no longer in H-1B status. If you end up getting another employer to sponsor you and you're RFE'd for your last 3 months of pay stubs to show your last day of work and it shows you entered the country after that date as an H-1B you will be denied your visa at the consulate.

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  • vikki76
    09-07 05:45 PM
    Option 1 should be sufficient even if SR was filed 2-3 days ago. I know lot of people who got InfoPass appt this way


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  • senthil
    01-25 09:56 AM
    - usually they mention if they support visa type employees ( like H1B etc )
    - most fo the these jobs require jobs either GC / Citizenship

    check out the details how you apply for security clearance to see what are their minimum requirements. maybe you can get some valuable inputs there.

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  • jelo
    02-10 12:05 AM
    My labor got approved in Jun 2006, I 140 approved in Oct 2007 and I am a July 2007 filer. My employer got a NOIR on I 140 saying this:
    Please provide evidence that supports your answer to question 9; Part C (Employer Information) of the approved ETA 9089 processed in Jun 2006. "Is the employer a closely held corporation, partnership, or sole proprietorship in which the alien has an ownership interest, or is there a familial relationship between the owners, stockholders, partners, corporate officers, incorporators, and the alien?"
    And then it lists, what could be the documentation to prove this relationship. My Employer is sure that he gave NO for that question but I am not sure. I am in parolee status working for the same employer on H1b. I do not have any kind of relation with the employer at any time.
    What if the employer by mistake answered it as YES? what are my options, can I still fight? what could be the documentation, incase we answered NO to the question. Please help me what could be my options.


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  • wandmaker
    11-27 05:08 PM
    skarthy: Upgrade your H1 transfer to premium processing, get the transfer approved. Re-enter the country by showing your wife's old H1 stamping, get a new I-94 based on new approved H1 petition at POE. This is a easy route; If I were you, I will do this.

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  • AreWeThereYet
    08-04 09:37 AM
    Specific Adjudication Process Steps by Form Type on My Case Status: When customers check their case status online, the process steps they see will now be specific to the petition or application they submitted. Until recently, the website listed seven identical process steps for all forms, even though not all the steps applied to all the forms. With the new feature, process steps are customized for more than 40 form types.

    I like that. Thanks for posting the update.


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  • roseball
    08-29 10:29 AM
    I am working in US on L1A visa expiring in November 2010 (completing 7 years). The Visa with whom I am working are not processing my GC. Before changing my Visa to L1A, I had H1B which is expired now. So I am applying for PERM through another employer. This employer/attorney is going to file for Labor in one or two months. What are the chances of my Labor and I-140 getting approved before December 2010? If my Labor got approved by December 2010, Can I switch to the employer who has applied for PERM and continue staying in US? Are there any options? Please advice. Thanks for your time.

    PERM processing for non-audited cases is taking anywhere from 8-12 months these days. Assuming your case does not come under audit, then yes, with premium processing of I-140, you can expect both your Labor/I-140 being approved by Dec 2010 (assuming the 8-12 month PERM processing times still hold good)

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  • ronhira
    07-02 06:45 AM
    Rest all states should pass similiar law............

    they should have passed this law when your forefathers illegally arrived to these shores..... then your sorry as$ would not be here today asking for similar law in other states.....


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  • Munna Bhai
    01-25 08:08 AM

    What one should do to work in projects which needs security clearance.Is there any way out for H1bs?


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  • nyte_crawler
    04-13 11:25 AM
    I have a valid AP that expires in July and I am going to travel using that at the end of April. But I have also applied for another AP and it is pending. Can I travel or will it create any issues ?


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  • Blog Feeds
    03-08 07:40 AM
    We are a few hours away from the biggest Awards ceremony in Hollywood and the world. So what part do Immigrants play in the biggest show on earth? Talent is the one universal passport, and Hollywood has always had a place for immigrants � from German maestro Fritz Lang, who headed west when Hitler's minister of propaganda pressured him to take over Germany's top studio, to Polish Roman Polanski, who directed Los Angeles' definitive film noir, "Chinatown," and Taiwan-born Ang Lee, who became the first nonwhite to win an Academy Award for directing for "Brokeback Mountain," his reinvention of the western.

    As Hollywood tries to stave off commercial stasis, the industry has been undergoing another chapter in its love affair with foreign writers and directors, particularly those from the Far East and Latin America. The international box office now accounts for more than 60% of a film's box office gross.

    Of course, in this age of globalization, it's unclear what it even means to be a Hollywood immigrant anymore. "It doesn't matter where you live," says Paramount Classics chief John Lesher. "We all talk on the phone. We see each other at film festivals. You can edit a movie in Brazil, and your editor can be in London, and you can put it together seamlessly in perfect time."

    So for Oscars 2010 we will not able to determine again who is an immigrant and who is not, an honestly who cares. What we want to know is who will win tonight.

    For as lacking in suspense as the acting races are, the contest for the biggest prize couldn't be any closer. It's David vs. Goliath here, with 'Hurt Locker' and 'Avatar' seemingly trading "favorite" status every other day.

    Unless they somehow split the votes and the Weinstein-backed 'Basterds' revises more history with an upset, the Oscar will go to either the highest-grossing Best Picture winner ever, or the lowest (in half a century, anyway). Be warned: This one is flip-a-coin close. Enjoy the Oscars tonight!!!!

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  • Raj Iyer
    10-07 05:14 PM

    Assuming you qualify for a green card under EB-2, your new employer should do a PERM/ apply for an I-140 , and at that time seek the priority date of the already approved EB-3 I-140.

    During all these process, make sure that you are on your H-1B.

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  • Akia
    03-01 12:14 PM
    I guess your H4 is not approved yet and continuing your employment on H1B. Your best course of action would be to have your employer file an extension (beyond 6 years) for H1B and get a 3-year approval (with approved I-140). You can change jobs after this but if you don't want to take this path you can still find a new employer before end of march and apply for H1B to get a 3-Year H1B. You will need to restart your PERM and go through the whole process with your new employer ASAP.

    So I am not able to apply for a new H1B while on H4? Thanks!

    03-13 02:05 PM
    I got the LUD on the same date (Soft LUD) but didn't call to check on the status.

    mine is at CSC.

    09-15 04:07 PM
    I am an Indian citizen. I have an approved I-140 under National Interest Waiver with a PD of Aug 31, 2007. I am now a permanently employed scientist at a National Lab. I think I am now eligible for application under EB-1 Outstanding researcher category. Is it possible to apply for I-485 without another I-140? It will take quite some time to secure all the recommendation letters to apply for EB-1 (OR). I am wondering if I can bypass the whole process of I-140 and directly apply for adjustment of status based on my approved I-140 saving time and effort.

    Thanks in advance for any answer.

    You need to start from ground zero...EB2 NIW is different from EB1, so you can not use the EB2-140

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