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    • nhfirefighter13
    May 31st, 2004, 07:41 PM
    LOL ! :D
    Travel on AP after job change and AC21? [Archive] - Immigration Voice
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    • conchshell
    07-12 10:37 PM
    Please access http://www.immigration-law.com/Canada.html to read the details.

    The foregoing review would suggest that there might be potentially two options to correct the current visa bulletin fiasco. One option is for the USCIS to reverse itself and abandon its decision to reject the I-485 applications and start accepting the I-485 applications under the original July Visa Bulletin. In fact, this is do-able regardless of legality of the DOS act to revise, if there was revision at all, the visa bulletin in the middle of the month, or the legality of the releasing "updates" without revision of the visa bulletin and changing it to "unavailabile." Probably, there was no precedent of such action in the DOS history. From the perspectives of the USCIS, they do not have to follow such an act of the sister agency. They should just stick to the USCIS own regulation to authorize accepting I-485 applications when the visa number was available since the legality of the DOS act was arguably of suspect in all accounts. Sometimes, however, reversing one's decision may not be that easy because of potential complex political and legal issues involved. An alternative might be the second option that changes its rule to permit I-485 application, I-765 employment authorization application, and I-131 applications for the foreign workers and their spouses and children if the foreign workers have obtained the labor certification approvals. Without doubt, the USCIS has been looking into the feasibility of changing the policy without legislation on the procedural issues which are described here. The fact that this reform was introduced in the Congress as part of the SKIL bill or Comprehensive Immigration Reform Act bill would not preclude the USCIS from looking into feasibility of achieving such changes in the procedures under the given legislative authority. All of the current debacle or fiasco would have been prevented, had the Congress passed the SKIL bill or CIR. At this juncture, though, the nation and EB immigrants do not have a luxury to point a finger at the failures of the Congress as it serves no purposes whatsoever. We really hope that the USCIS will work out one of these two solutions promptly to save the nation from further confusion and nightmare.




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    • I_need_GC
    07-24 10:35 AM
    On official police letter head

    To whom it may concern.

    Mr. XXXXX son of XXXXX is a citizen of India. He has resided at XXXXXX for the past XXXXX years. Our background check on him found no records of him ever being arrest convicted or prosecuted of any crime minor or major.

    If you have questions you can contact my office.

    Regards

    Police official name
    Police official rant
    Police station address
    police station city
    police station phone number

    .




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    • a_yaja
    01-16 09:27 AM
    Hi,

    I got laid off in dec-08, my H1B visa got extended till 2011, but stamp in passport was expired sept-30th. I got my W2 good for last year and have got pay stubs till dec month. Now i am in need of visiting India, I have to get my stamp renewed in India.

    As I am on job at present, I can not produce any client letter at consulate in case if they ask.

    Will there be any issues which I may come across, please help me if you have any experiences.

    thanks in advance.
    Niru

    It is considered fraud if you go for H1B stamping and you don't have a job. If the consulate gets to know that you don't have your job anymore and you were aware of that fact when you applied for the H1B visa, you could permanently be barred from entering the US.
    I would advice against such a move. Try to get a new job and transfer your H1B and then go to India for visa stamping.


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    • kris04
    08-18 06:17 PM
    :confused:Hi all,

    I have a situation,
    I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.

    My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
    This is required to prove that there is no fraud happened while filing my case.

    As you all know, in this current situation, I can not go back and ask employer �A� about that letter.

    Any suggestions etc please provide.


    Just to remember
    REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES

    Thanks,

    Are you trying to port your job and join the potential new employer using EAD or transfer H1B visa?, I am surprised an immigration attorney is asking for such letter, labor substitution is/was always done in good faith in most cases, but there is no way to prove a fraud is involved unless the labor was filed using a non-existent person( if you remember the convicted guy Nick Mandelapa which ultimately lead to closing the abuse of labor substitution).Even if your previous employer is ethical and acted in good faith while doing labor substitution, giving such undertaking is far reaching and not required, for one reason labor certification legally belongs to your employer and not to the underlying employee, so getting such letter is a merely a chance. I guess in your case you've disclosed too many information about you past legal route causing concern for the new employer to hire you. Try to talk to HR and see that you're responsible for maintaining the employment authorization, but if you're taking H1B transfer just confine to H1B transfer, hire your own separate attorney to manage your I 485, as it belongs to you.

    Good Luck

    HTH

    kris

    My Profile
    ----------
    GC approved in Aug 2008 without RFE, used AC 21 once, worked for my sponsor for 4 year, including 3 years after filing I 485, notified USCIS promptly when I ported my Job(confident that my new job profile and previous one are the same)




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    • Nabeel
    01-29 03:26 PM
    try POJO method to reach IO. You can find in "n" number of threads to reach IO based upon your service center. but it's based on your luck to get polite and cordial IO. Try multiple times and speak politely.

    Posting this info. provided by some one in this forum long time back.

    Call 1-800-375-5283
    Press 1 to select English
    Press 2 to skip introduction
    Press 2
    Press 6 to find case status information
    Press 1
    Now enter your receipt number SRCxxxxxxxxxx
    Voice asks if SRC press 1
    Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
    Part way through the blah blah press 3
    Wait a moment and press 4
    (now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
    You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.

    Once you get an IO, be very polite, and take notes for your records. Ask them for their badge number. That way you can reference each conversation by date and the badge number of the IO.

    Some of the standard questions:
    1) Name check Status ?
    2) Background Check Status ?
    3) Has it been assigned to an officer ?
    4) When can I expect to get some updates on my case ?
    5) Can you help me with a ball park date on when my case will be assigned to an officer?

    Ofcourse, we all are aware of the standard response we get.

    Good stuff. Thanks


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    • me_myself
    03-05 03:06 AM
    There is a sudden change of plan. My company wants me in US for two months - March 15 - May 15. Then i have to go back to India till Dec 09 and come back to join work from Jan 2010. My questions -

    1. Will i be facing any questions at the immigration (point of entry) when i come back on Jan 2010?
    2. Any other situation or scenario that i should be aware of?
    3. If i receive pay check for just two months in 09, will there be a problem when i file taxes for 2009?
    4. How long can i stay outside US on a H1b visa?

    Thanks a lot.




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    • bp333
    09-25 02:40 PM
    Thanks BMS1.

    Any one in a similar situation. Please share your thoughts..


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    • thatwillbeit
    05-27 12:26 PM
    I have the same inference as above .....

    Can some please confirm this

    Thanks




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    • rockstart
    05-05 09:09 AM
    As long as you are working in the same position you should be fine. Also since you are making more than what is specified in your labor there is no reason to be worried. At I485 stage all they want to validate is that the employer still has the position open and you are still employed. So there is no real need to worry about the greater income.

    Your second question perhaps needs more documentation. Add your rental papers, bank statements, insurance statements (if you are paying for spouse) etc along with marriage pictures and if you have kids their BC.



    Gurus / Attorney,

    Please suggest..

    I got RFE for my employment verification and bona fide marital status..I have following questions..

    I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.

    I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.

    I would highly appreciate your any advice in this regard.

    Thanks,

    EB2 - India / PD 04/06, I485 receipt date 09/07


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    • jackisback
    10-06 05:23 PM
    Really? Did they give you that information?
    I have taken infopass 2 times in last 2 years, and they just tell me - we cannot tell anything about that info from the "screen" they have access to.
    They just give a vague answer that everything is in order but your visa numbers are not available for your dates, you need to wait for visa number




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    • pmgthj
    03-14 09:38 PM
    bbct, I filed my I-485 with NSC originally, but it was transfered to local office last month for interview.


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    • ItIsNotFunny
    12-17 02:57 PM
    2001 - dot com bubble burst;
    2008 - finance bubble burst;

    Our GC journeys have spanned 2 recessions and we could not even take advantage of the slight boom in the middle...how pathetic.

    Advantage was taken by employer :)




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    • hpandey
    01-30 11:45 AM
    My company has filed an AOS application on July 02 2007 using an approved EB3 I-140 (PD = Sep 2001). Then in Dec 2007, they have filed a EB2 I-140 using an approved EB2 PERM to convert the pending AOS apllication to EB2, hoping to port the priority date of pending AOS application to EB2 Sep 2001. EB2 priority dates were retrogressed after the EB2 I-140 was filed.

    I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.

    Appreciate your feedbacks on this.


    Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.

    Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.


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    • JoeSixpack
    09-04 07:06 PM
    I never got kWordpad to do this for me. Though after you mentioned it, I went back and took another look. I noticed that if upon opening the window, I clicked on the Bold button first and then went and began typing, the Bold button would return to an unChecked state and my text would not be bold. However if I first clicked once inside of the rich textbox and then clicked the bold button, when I started typing the text would be bold.

    So I went into the source and added: "this.MainRichTextBox.Focus();" directly benieth “InitializeComponent” to the Window1.xaml.cs file, so that the rich textbox would already have been ‘clicked’ upon opening and now it works just like wordpad as far as applying styles.

    Are you getting similar behavior or not? If its working differently for you, is there any chance you know whats happening here?

    Either way, thanks for making me take a second look. And just while I have you on the line, I want to tell you I love the website. The tutorials here are great. Most sites simply give snippits, but don’t give you all of how they achieved this or that feature. So its nice to know that when I start something here, all of the info I need to finish it or get it working is included. I'm looking forward to more in the WPF field.
    Thanks again.




    P.S. Just as a side note I was curious why you have:
    private void SelectDefaultFont()
    {
    FontFamilyCombo.SelectedValue = "Arial";
    }
    in the Window1.xaml.cs file when the Selected Index is already set in Expression Blend (0).

    Just for fun I changed it to: SelectedValue=”Calibri” in the C# file and left the Selected index in Expression Blend at 0. Now when I run kWordpad the combo box has Calibri set as the defualt but resets to Arial as soon as I begin typing in the rich textbox.

    What makes this really odd to me is that if it is being set by the selected index in Expression Blend, then the selected index would have to be set at 9 on my computer in order for it to choose Arial as the default (for me 0 is Abyssinica SIL). So where is it getting Arial from; and how is it that it is ignoring both the SelectedDefaultFont and the SelectedIndex? I realize this may seem tedius, but I just hate not knowing... "to be continued" at the end of a tv show makes me nuts too; I'm seeking help.




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    • gbof
    10-09 10:08 PM
    :) Even if USCIS says that they cant predict future cut-off dates, its not going to slow down the prediction-pundits on IV. Soon we'll have a thread out for December Visa Bulletin prediction!!

    I vaguely remember a big guy from uscis presenting a awafully hopeless picture on forward movement (just before june/luly 09), there was a generous spill over in sep09 and dates moved forward (hopefully neverto go back). I donot believe what these non serious guys say. Let us hope for the best.


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    • lskreddy
    07-02 03:59 PM
    I am not sure about whether you could sue or not but USCIS's processing order is wreaking havoc, and if there was any way to bring the buggers to task, that would be great.

    For the person who asked whether you saw 2008 application approved before 2007, I am a prime case. I have couple of I140's going, one in EB3 and the other in EB2. EB3's I140 was filed in July 2007 and EB2's I140 was filed in Feb 2008. The one filed in Feb 2008 was approved a few days back and the July app is still pending.

    Had they followed Kaiser's logic, they would not have approved my Feb app too as my Feb app is no where current, but there is hardly any sense to their order. Its as if the applications come in, they put it in crates and stashed somewhere. The crates are pulled in random order.

    As a theory, they might be approving much later filed apps as a means to acheive better 'average' processing times. If you take me as an example, I have one app pending for 12 months and the other approved in 4 months. So, the average is 8 and that might be what the higher up might care for. But, none of this is fathomable by souls like us...




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    • beautifulMind
    08-02 01:23 PM
    I sent money orders for 485. is there a way to track if money orders were cashed by USCIS..the money already left my bank once the money order was issued by my bank




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    • boreal
    09-23 12:09 PM
    I got an SR response back saying that my application is "waiting to be assigned to an officer"...whatever that means...isnt every application so? I think SRs are just as useless as any other 'customer service' provided by USCIS...




    kumhyd2
    05-19 04:51 PM
    Your case is tricky. AC21 may not protect you. First, your case is subsitution labor. That itself a negative factor. Second, your GC is for a future job. This means, you have not worked with sponser during non-immigrant status. As well as, you do not have intension to work for the sponsor after getting GC, as you have intension to invoke AC21. GC is for good faith intension in both parties(employer and employee) to have emplyment relationship after employee gets GC. As you have not worked for the sponser at any point of time, it is very difficult to prove that you have "good faith intension", if your employer withdraws the 140. It is not the AC21 issue, it is mostly the intension issue.

    Also you mentioned that there is a financial issue. If your employer is not able to pay the salary for your position as per 140, then it is a geneune reason for him to withdraw. Then the 140 may become a misrepesentation. On the other hand, if employer willing to pay the 140 salary and if you are not accepting, then it clearly establishes that you have no intension of working for him at that salary. So, in this case AC21 will not applicable.

    I do have intentions of joining the employer once the GC is approved. The financial terms are regarding extra money for the GC process.




    Saralayar
    07-27 10:58 AM
    Since I did not know how to write my name in my native alphabet, I askd my wife to write it for me. Is this an issue? Is there any requirement that one must write the name in native alphabet in one's own handwriting?
    Who is going to verify that it is your handwriting???:p Don't think and worry too much...;)