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  • rennieallen
    03-05 07:02 PM
    Few things to note:

    One should have the right to pursue anywhere's GC and it should not automatically affect anything in process. Applying for canadian GC and doing a landing are two different things. Of course at the time of landing you will need to decide which one u want to stick with for future. So what zCool mentioned , I dont think applying for canadian GC demonstrates an intent to abandon your in-process AOS application,especially with severe retrogression.
    I do know of cases where after getting canadian GC and completeting landing , their intentions have been questioned, which is very reasonable. But have not heard of any case where just applying for it is enough to abandon your AOS. If someone is willing to back that claim with experiences please post.

    Also regarding the job market, you do need to realize that it is not as big as US market. So getting a nice decent job of your liking is not going to be easy thing. But it is not as bad as posted on some websites. When you make up your mind to move, it would help to look for job in canada while you are present in US as your search is perceived differently.

    I agree. There is no way that USCIS can discern intent to abandon (given the well known problems with the US GC process) simply by applying to Canada as a back-up plan. Canada can't discern intent to not land, since it is clear that the applicant simply doesn't have a discernible intent (due to the vagaries of the US system, they simply can't know their intent, since intent is based on circumstances).

    Certainly Canada can discern that US residency is "preferred", but this does not imply a lack of an intent to land, as the applicant can only form an intent (one way or the other) once they have the option to land. There is no restriction in applying for permanent residence that disallows having a preference to reside elsewhere.

    I'd "prefer" to live on a south pacific island surrounded with dozens of beautiful women attending to my every desire; but somehow I just don't think that's in the cards, so I have no intent to do so at this time. If I were offered this option I'd give it serious consideration though :-)





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  • bekugc
    12-04 05:50 PM
    gettinthere:

    of all the above proofs, coworker letter is probably the most easiet to obtain.

    regarding "I read in one of the posts that you should not send more than what they ask" - im not sure bout this either. may be ur lawyer can comment.

    in my case, other than current employer, I only have worked in one company for 3yrs. the experience letter neither has appropriate jobtitle nor did it talk bout nature of work. the HR promptly refused to reissue any modified empl letter (even tho the company is big sized and i had genuinely worked there and gotten awards etc etc). My lawyer asked me to get 3 notarized coworker letters stating nature/duties of job, in what professional capacity and which client accounts i had worked on. i got those from excolleagues and thankfully LC and 140 (eb3) went thro wihout rfes. However i dont know if i just got lucky or did they read/believe the coworker testimonies.. :)

    chk with ur lawyer; i have seen response to rfe for other colleagues from my company, the lawyer attaches a letter at the front explaining the situation and LISTS out the supporting documentation. in such a case, if the last item is "coworker testimonies", along with other important ones in the front, i dont think its conveying anything -ve.





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  • tatyavinchu
    09-22 12:54 PM
    hi Indyanguy,

    I have gone through a lot in the past 6 months, I was basically cheated by two desi employers. Hence I decided that whatever I do from now on risky or not risky atleast I will keep the pros and cons on my side. Previously, when I was working for these two employers, I was the most affected yet the least benefited. Hence I said its worth taking the risk now to port to self employment as its less than what I am going through right now :). Hope it helps !





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  • fromnaija
    01-29 12:11 PM
    As far as I know, you cannot extend your H1 beyond six years unless you filed for I-485 Adjustment of status or have a labor pending 1 year and an I-140 filed before your six years expires.

    Not entirely true. You don't have to file I-485 to extend H1 beyond 6 years. You either have to have labor certification application filed more than 365 days before your sixth year OR have I-140 approved.

    In the OP's case I doubt if he can get I-140 approved before December 2010 if he starts the process in March. However, if he has time spent outside the US, he may be able to recapture those times and extend his H1 beyond 6 years using time outside the US. Thereafter he may have his I-140 approved and then ask for three year H1 extension based on I-140 approval.



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  • jelo
    03-07 09:50 AM
    http://www.uscis.gov/propub/DocView/slbid/1/2/31?hilite=

    http://www.cbp.gov/xp/cgov/travel/id_visa/legally_admitted_to_the_u_s.xml





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  • japs19
    01-18 09:46 PM
    my employer does not share the I-140 status with me...

    Can't you check the I140 status online? About infopass...I think that is totally the right way to go if at all possible.

    Did you get the actual hard copy in the mail with any explanation?



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  • apt29
    10-10 03:28 PM
    We need to respect the idea however small it is. And we can build team or movement by treating the ideas with reason and understanding however small it is. Agreed that the point is not put forth in a sophisticated way. If we mock the ideas, given by members, we lose them forever. And loosing people is loosing cause.





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  • karanp25
    05-12 09:19 PM
    Hi,

    My I-140 was approved 1.5 yrs back and I-485 was filed on July 2nd 2007. After my I-485 was pending for more than 180 days, i changed my employer and the new company's immigration attorneys sent updated G-28 forms to USCIS to change representation of my wife's and my pending I-485.

    It's been almost 3 weeks, and i assume USCIS does not acknowledge G-28 update. Is there any way to confirm with USCIS if the representation was changed based on updated G-28 filed by the new employer's attorneys.

    Any suggestions/comments from people in similar situation.

    Thanks!



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  • gettinthere
    12-04 05:27 PM
    Thanks! Do you think I should also send coworker affidavits to be on the safer side? I read in one of the posts that you should not send more than what they ask...so I am not sure





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  • pappu
    08-03 02:41 PM
    We need support from GC holders and Citizen members for various IV advocacy efforts.

    GC and Citizen members can do much more to help the IV community and also take up their agenda items for advocacy efforts if we have them active here on IV.

    Please use this thread to sign up here if you are a US Citizen/ Greencard holder and wish to continue to support this organization when asked. This support may not always be financial.

    If there are enough such members, they can also collectively drive advocacy efforts that concern their issues.

    We need to have such members on this platform to call on them in the coming days when our advocacy effort heats up. Please make sure that your profile is updated with your email and phone numbers for us to reach you. If you wish to support IV but do not want to openly post here, please send us an email to info at Immigrationvoice.org

    Thanks
    IV Team



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  • GCwaitforever
    06-28 06:03 PM
    Bush is really confused. According to CBS news ...

    "Legal immigration is one of the top concerns of the American people, and Congress' failure to act on it is a disappointment," Mr. Bush said after an appearance in Newport, R.I. "A lot of us worked hard to see if we couldn't find common ground. It didn't work."





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  • chanduv23
    10-27 03:08 PM
    this is the result of whistle bowling...

    I guess you were suggesting to whistle bowl to others , you might have whistle bowled.

    But in this sucking consulting industry, we shd keep quiet till you get green card to hand, do not even think about any thing else like AC21. They are not safe .

    Now it costed your green card.
    AC21 is not law, if you go and check immigration-law.com Oh Matthew clearly mentioned taht these denials are meaningful.

    So people...
    Pls keep patience till you get GC w/o doing any damage to the onging process.
    At the end of the day GC gives lot of peace & freedom to anybody.

    If you try screw somebody before even they deserve, it may cost to us due to others stupid actions.

    I will keep quiet till i get my GC and i will show to employer once i get GC.
    I hate it , but what else i shd do...Damage my processing.. No Way

    If there is an issue - lets do something to fix it. A lot of people have successfully filed for AC21 - and also got MTRs approved and also have GC approved. So lets not discourage anyone who is doing the right thing.

    If you are scared - you can never achieve anything in life. So stop that cowardly talk and don't discourage others.

    Mathew Oh is no God or USCIS and many people tune up their stance according to the situation.

    We have no clue on the intent of some denials - and Mathew Oh might be true in many situations. Like, I would strongly suggest to use AC21 if your case does not have any complications like say you are not using sub labor, you were not on bench, or underpaid or you have misrepresented something.

    Remember - every case is dealt with on a case to case basis and the merits associated with the case are taken into consideration before any conclusion is made.

    There is an attempt from IV members to help resolve this issue of getting denials on 485 when AC21 is invoked, and I strongly recommend everyone to participate in that campaign.

    Times are bad and economy is having issues, a lot of people maybe forced to use AC21 without a choice, so lets work together and try to fix the issue



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  • Circus123
    02-14 03:30 PM
    If given the opportunity of voting in the primary (democrats) who would you vote for ? Obama OR Clinton ...

    On 01 April 2008, the gates will open for H-1B applications. H-1B visas are one of the most highly sought-after visa category for employers wishing to hire skilled foreign workers for positions in the United States. The question remains whether the landscape for an H-1B visa increase will become more favorable as America gears up for the 2008 presidential election.

    Last April, United States Citizenship and Immigration Services (USCIS) received almost twice the amount of applications to fill the quota of 65,000 visas in one day. Because of this, USCIS was forced to use a computerized random selection process to fill the 65,000 places alloted by Congress. The 20,000 extra H1B exemptions for foreign Masters graduates of US universities was reached in only one month.

    As most of the H-1B visas are granted for technology workers, companies such as Microsoft, Sun Microsystems, and Google have been lobbying Congress to raise the cap. They argue that the US needs foreign labor to make the US more competitive in today's global market.

    Their arguments have not fallen of deaf ears, and with the upcoming presidential elections, technology companies in the US may get an ally to their cause in the Executive Office.

    Both Democratic contenders, Barack Obama and Hillary Clinton, have gone on the record as being in favor of increasing the H-1B quota. However, Obama and Clinton both highlighted that general immigration reform should take precedence over a temporary measure of increasing H-1B visa quotas.

    "As part of our comprehensive reform, we should examine our ability to replace a stopgap increase in the number of H-1B visas with an increase in the number of permanent visas we issue to foreign skilled workers," Obama said in an interview with TechCrunch.

    "I have also supported significantly increasing the cap on H-1B visas because they are effective tool for attracting the best and brightest to America," Clinton said in response to a questionairre sent out by ZDNet on technology-related issues. "I support increasing the H-1B cap as part of comprehensive immigration reform," she added. However, she also supported a sharp increase in H-1B visa fees, with proceeds to go towards training American workers.

    As for the Republican side of the issue, John McCain, the leading contender for his party's nomination, also feels that increasing H-1B visa quotas is needed to keep America competitive. While he said he would continue supporting an increase in H-1B visas, McCain feels that the most Americans would rather clamp down on immigration.

    "I will continue to support H-1B visas, but, Im telling you, the American peoples priority is, either rightly or wrongly, and we live in a democracy, is that we secure the borders first," McCain said during a technology conference in May 2007.

    Having a sympathetic ear in the Whitehouse over the H-1B visa issue would certainly help, but tech companies and other interested parties will ultimately have to appeal to Congress for a raise in the cap.

    Until then, the window of opportunity will still continue to be a single day for companies hoping to bring in foreign talent to the United States.





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  • WaitingUnlimited
    03-06 02:58 PM
    I heard similar news for Bank of America employee. Don't know if it is true.



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  • willigetagc
    05-26 02:31 PM
    Gurus,
    Please help with these questions on EAD/AP/H1. I have heard so many different versions that I am confused.

    We are planning to travel to India in June/July and both of us have valid H1 extension (I-797) until Dec 2009. H1 visa stamp in PP expired two years ago.

    We also have EAD, AP, all valid until next april.

    a) is it necessary to go in for a visa stamping at the US consulate ?
    b) if we use AP to re-enter what will happen to our H1 status ?
    c) if we use AP to re-enter should we necessarily use EAD to revalidate I-9 ?
    d) Assuming we use the AP to re-enter and get a "parolee" I-94 until Apr 2010, what will happen to our H1 approval which expires in Dec 2009 ?
    e) if we get a new H1 stamp and use the H1 to re-enter what will happen to our AP, EAD and AOS filing ?
    f) what will happen if priority dates becomes current (I know, I know, that sounds silly, but I still gotta ask) when we are out of the country ?
    f) transit visa problems with either AP or H1 at London, Frankfurt, Dubai ?

    Thanks.





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  • alisa
    03-06 07:59 AM
    ^^^^



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  • paskal
    10-26 09:29 PM
    It appears that big issues of ending retrogession would take much longer. Atleast from the IV agenda can we get the smaller issues to be resolved in this year. Couple of thoughts like

    - Name Checks
    - EAD for spouses of Applicants who got married after 485
    - Child Ageing issues
    - Involving/intimating the applicant in the GC application process (to avoid exploitation by employees, attorneys, etc)
    - any other small things that have fairly unanimous consent and could easily go through the bills.

    Hope this makes sense for the IV Core team.




    are perfectly good.
    they have always been on the agenda for iv, if we can get any relief in this form, certainly it would be great. all these issues are on our active agenda, please do not think "small issues" are ignored. their importance to our community is clear. actually nothing has unanimous consent in this poisoned environment. still, hope is eternal and we are working on it...every window of opportunity is being exploited as best possible.





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  • rockstart
    06-19 03:22 PM
    I think in your case your I 140 is no longer in approved state it is in MTR state right? From what I understood in Yates memo is that your I 140 should be approved or good to be approved state to safely invoke AC21. But at this moment your I 140 is not in good to be approved state. So I would recommend extreme caution and consult some really good lawyer who can give you the best advice since AC21 guidelines have laso changed a few weeks back. Make sure you dont make a hasty move without consulting lawyer.

    as long as ur 140 status is still approved and 485 is pending more thant 180 days u can invoke ac21.

    I guess u meet both the criteria. Now make sure the new job duties matches the labor certification previously used

    rajesh





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  • asharda
    07-11 02:43 PM
    Same here 3 hrs drive, but worth the cause!





    bestofall
    07-30 12:14 PM
    URGENT UPDATE: HR5882 scheduled for tomorrow - PLEASE CALL

    --------------------------------------------------------------------------------

    House Immigration Sub-Committee is planning on mark up Congresswoman Lofgren's recapture bill tomorrow (Thursday) afternoon in her subcommittee. This is an extremely IMPORTANT development. We are hoping that an agreement reached such that there is no party line vote on this effort. As such all members are requested to PLEASE PLEASE call the following members on the subcommittee requesting them to support Lofgren's recapture bill H.R.5882.

    Majority Members (Democrats)
    Member Name DC Phone
    Luis V. Gutierrez (D-IL) 202-225-8203
    Howard L. Berman (D-CA) 202-225-4695
    Sheila Jackson-Lee (D-TX) 202-225-3816
    Maxine Waters (D-CA) 202-225-2201
    Bill Delahunt (D-MA) 202-225-3111
    Linda T. Sanchez (D-CA) 202-225-6676
    Artur Davis (D-AL) 202-225-2665
    Keith Ellison (D-MN) 202-225-4755
    Anthony Weiner (D-NY) 202-225-6616

    Minority Members (Republicans)
    Member Name DC Phone
    Steve King (R-IA) [Ranking Member]202-225-4426
    Elton Gallegly (R-CA) 202-225-5811
    Bob Goodlatte (R-VA) 202-225-5431
    Dan Lungren (R-CA) 202-225-5716
    J. Randy Forbes (R-VA) 202-225-6365
    Louie Gohmert (R-TX) 202-225-3035





    spicy_guy
    09-20 12:34 AM
    Knowledgeable Sir/Madam
    My Passport and I-94 was stolen.
    When I entered US - I was on H1b. Now I am a Green Card Holder ( but darn - even that got stolen . I am filing an I-90) .
    I read from USCIS's website that I should file I-102 to get a new I-94 and it will take forever to get one and I anticipate traveling soon.
    I DO have a Zerox Copy. Can I not just submit the Zerox Copy instead of filing an New I-102 . It costs $320 to file it and if I know I am not going to use the benefit of having a new one ( by the time they send a new one out - I might be gone ) , can I avoid the situation by giving the xerox copy at the Departure Counter to the Airline Rep.Also I read that the Departure date for Non Immigrants are transmitted electronically ( though I am a PR now ) .

    Please advise.
    Thanks
    Rama

    Lost or stolen?



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