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  • coopheal
    03-13 04:37 AM
    Hello,

    For case where GC and H1b sponsoring employer is same, please tell (as per USCIS rules/guidelines):

    1. When switching from H1b to EAD (while working for GC sponsoring employer) does GC/H1b sponsoring employer have to cancel H1b ?

    2. If on AP/EAD WITHOUT work, is there any liability to GC/H1b sponsoring employer ? Does he have to cancel H1b ?

    Than You.

    I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.

    However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.

    Again not sure why you are moving from H1B to EAD when H1B is still valid?




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  • sent4dc
    06-19 03:24 AM
    Hi everyone:


    I have an unusual situation concerning my friend's mother. When he got his green card (about 10 years ago) he filed the green card application for his mother that lived (and still lives) abroad, hoping to alleviate the woes of her getting a short-term traveller's visa every time she traveled to see him.

    She received her green card about 4 years ago, but she doesn't want to live in the US for more than a month. Unfortunately it also gets more and more expensive for them to make her travel to US every year, thus pushing her into a violation of her Permanent Resident status and of the recurring Re-entry Permits (that now shrank to a single year).

    My friend now wants to suggest his mother to relinquish (i.e. give up) her permanent status but his fear is that once done she will not be able to return back to US to visit him. (He has already become a citizen and is not planning to return to his home country.)

    Does anyone here have any suggestions of what could happen if she gives up her permanent resident status?




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  • willwin
    03-16 02:06 PM
    Bump... please, if anyone got PW for greencard labor through the new process... how long it took??

    Anyone?

    Mine was filed 1st week of Jan and still waiting .....




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  • krishmunn
    05-11 08:24 AM
    Ask your attorney to draft the experience letter. It may not be copied toto but support letter should cover the main points in the draft.



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  • nosightofgc
    11-02 12:13 PM
    What was the status on USCIS online system when you got an RFE? The reason I am asking is today my status changed to "Document Mailed to the Applicant". Not sure whether this is an approval or RFE. Of course will know in few days.

    Thanks




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  • JunRN
    07-18 08:59 AM
    I was thinking about that as well...but I have minor problems that might not be solved within July so it better for me to apply in August.



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  • vparam
    05-25 09:05 AM
    there were only 4 fax sent , when i sent it yesterday. i am not sure if many sent in faxes and just did not pot. if not it is very important to send out this word. moderators what is plan of action?




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  • meridiani.planum
    07-10 09:22 PM
    inline...

    Hi,

    My friend has this scenario and want expert advise from IV members.

    - On L1 for 3 1/2 years and H1 for 2 years 3 months. About to complete 6
    years in 3 months.
    - Filed Labor (approved. PD Aug 2004 EB3), I140 (applied in May 2007) and
    I485 (July fiasco)
    - I140 still pending

    Question:

    1. Does L1 period is counted for H1 extention?

    -- yes, time in both L1 and H1 counts together towards those 6 years. Its the time in L2/H4 that was decoupled a year or so ago.


    2. Can he do H1 transfer using AC21 without I140 approval?
    As 6 years are going to be expired?

    yes, he will get a one year extension since his LC is atleast one yaer old.

    3. What if the old employer revokes his I140 now? His GC process is invalid?

    yes, the GC process ends right there. If he has transferred his H1 in the meantime and got an extension, the USCIS position so far has been that the extension remains valid, even though the underlying LC/I-140 are gone. The law itself is somewhat unclear, but till now the USCIS has not come back and revoked anyone's H1 extension (that I know of) because the underlying I\-140/LC are gone.

    4. If we leave about GC, Can he do H1 transfer atleast?

    yes he can, but he will need to start another labor ASAP from new employer to get any extension past this one year. He will also lose his old PD and will have a 2008/2009 PD.
    He will also need a copy of his labor certificate to be able to file a transfer+extension.
    At this stage the only thing between him and AC-21 freedom is that I-140 getting approved. So unless you know the I-140 is going to be denied, I would advise him to try his best to stay on with this employer until the I-140 is approved



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  • rajeshalex
    03-14 09:15 PM
    Hi All,

    We received this letter and my wife is currently in India. She is comng back only after 2 months. Secondly this letter says it has been Xfrd to MO. We live in virginia. I am not sure how it went there.

    Also let me know what all documents you guys carried.

    Thank you

    rajesh




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  • Tantra
    07-13 09:26 AM
    Or yesterday... we really want to make it a voice of 50k members (to start with!).



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  • eb2_mumbai
    10-28 03:48 PM
    Lets not be judgemental. The guy has done thing that is legal. Morally right or wrong does not matter. The only advice I have is furnish more details so people who have been through similar experience can help you.

    FYI. I do not have a substitute labor. I have my own labor and know people who have superseeded me in line and are already GC holders. But then that is life I dont care what they did or when I get my GC I have better things to worry about.




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  • permfiling
    10-28 01:23 PM
    Nope did not getthe I-797 yet, just an e-mail from USCIS. This was at NSC

    Did you get your physical green card? Have you completed your FP?


    I got the I-797 approval notice in mail but no card yet. I heard CARD takes few weeks.



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  • gc_chahiye
    07-16 06:47 PM
    ...
    If USCIS receives both the applications, it will return the second application as a duplicate. I don't kow if they keep the money though ...


    do you know this for sure? (ie. do you know someone for whom USCIS returned the second application as a duplicate because one I-485 was pending)?




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  • rbharol
    08-24 12:18 PM
    Master's and higher, outside US has to be in the STEM fields to qualify.
    Good. That means if you have STEM Masters and 3 years US experience then at the time SKIL comes to effect you can file 485 without waiting for PD if 140 was already approved by then. OR can file concurrently.



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  • MetteBB
    05-11 03:46 PM
    Here's an orange




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  • vsrinir
    06-12 03:30 PM
    http://www.politico.com/blogs/bensmith/0609/White_House_postpones_immigration_meeting_again.ht ml


    June 12, 2009
    Categories: White House

    White House postpones immigration meeting, again

    The White House announced this spring it would be hosting a big meeting on immigration policy � a signal that Obama cares about the issue, and perhaps a chance to rub salt in open Republican wounds, if not a serious attempt to move immigration reform this year.

    But the meeting was postponed from its original date, June 8, to June 17 � and now it's being postponed again, White House officials have told advocates, with no set date but hopes to do it later in the month. Officials, I'm told, are blaming the supplemental for the delays.

    Ana Navarro, a Florida Republican activist who has been arguing that Republicans have a chance to seize the initiative from Obama on this issue and repair their image, e-mails, "Nobody knows when it is. Nobody knows who is going. Nobody knows what the agenda is."

    "They are stringing along the immig[ation] advocates and Latino groups to whom Obama owes so much," she writes. "Latinos need to stand their ground, hold his feet to the fire and demand that he deliver on repeated promises to get this done within first year or call him out on it. This is a litmus test for Hispanics, and one which so far Obama is failing."

    UPDATE: Frank Sharry of America's Voice, an administration ally, tells Gebe Martinez: "While we are disappointed that the meeting has been delayed, we are confident that immigration reform will move forward this fall. The President has promised to advance the issue many times, and we believe he is a man of his word."



    By Ben Smith 01:00 PM



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  • Sushie
    08-17 02:46 PM
    Thanks Kondur_007,
    I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?




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  • 2008FebEb2
    09-17 04:27 PM
    Plase make those Calls...


    Is'nt the voting on the bill scheduled today? :confused:




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  • raghav235
    06-17 06:47 PM
    As per the information that I have http://www.wynnandwynn.com/biography/miller.html
    is the reasonable attorney. I have contacted him about the AC21 and looks good to me. He wants me to send all the necessary documents for further review. I am planning to invoke my AC21 in the month of august where my current and new job falls under similar criteria.

    Friends please share the information about any other good immigration attorneys in Boston Area.

    Thanks


    Can somebody suggest a good immigration lawyer in the Boston Area. Need to consult for AC21, transfer employer, transfer existing case from present employer etc.

    Thanks




    northstar1
    07-15 08:54 PM
    Guy's,

    Pls take a moment to digg the washington post coverage of the SJ rally. It's made it to the first page of digg. Lets get it to the top by Monday morning.

    http://digg.com/politics/The_Gandhi_Protest




    GCAmigo
    02-09 01:02 PM
    Pardon my ignorance.

    What is op-ed ?

    http://en.wikipedia.org/wiki/Op-ed

    ~GCA



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