Wednesday, June 15, 2011

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  • bluekayal
    10-17 08:15 AM
    thanks for clarifying.

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  • conchshell
    06-10 02:43 PM
    You should avoid phrases such as "fast track green card". That is being presumptious.

    Last year when people were campaigning for the rally, some of the campaign slogans were "come to the rally and get gc now instead of 10 years later". That is pushing people's hopes up without reason.

    The problem with such promises and anticlimaxes is, you will not be able to sustain their interest.

    I think gceverywhere is trying to make an appeal, and just to attarct people to this thread, he named it fast track EB greencard. ;) His intentions are correct ... but the method he chose is not. If this becomes a trend, readers will have tough time.

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  • md2003
    03-14 09:41 AM
    If i140 is revoke by earlier employer , will it possible to port PD to new employer?.

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  • crystal
    07-04 10:09 PM
    Are sure about whether you can go for stammping to canada when you are going for first time stamping? I think you need to go to india where they can check your education credentials. If you have done masters/bachelors in u.s then only you can go to canada i guess . I am not very sure about it though. I read it somewhere.

    When i changed from F-1 to H-1B, my employer filed my I-129 as if i had a Masters, then i changed employers , my second employer filed my I-129 under my Bachelors only. There was also a gap of my H-1 Activation and F-1.

    For the semester starting august i did not pay the fee, since my H-1 was approved an H-1 was Active from October.

    i think my approval will depend on my Visa officer nad i will try my luck in dec and i am planning to go to canada for my stamping and in any case i get it or not get it i will fly to india from canada.

    i will also talk to a lawyer before leaving to stamping regarding what will happen if cant come back to US in 4 months, regaring what happens to my credit and loans if my stamping gets rejected.


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  • aka
    10-30 07:04 PM
    Hi, Why did you ask me rename the thread with a broader name?, it is June 07 filers - General Tracker, seems broader enough.


    People might mistake this as a thread for people who filed on June 7th, simply because there are other threads out there for people who filed in specific date ranges. I believe you meant June 2007 in your title, right?

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  • punjabi
    07-17 06:10 PM
    I joined IV just a week ago as someone referred me this website. Oh! I am indeed impressed and feel great to be a part of it!

    Sure, I am going to donate!! You feel like you own it after you make the donation! So, I urge every new and old member to donate today so IV can continue to fight for us!!

    Punjabi :)


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  • LegallyGC
    08-11 04:13 PM
    Nice to see that u did start a new thread for this..
    I think we all should get together now and make sure 2011 will be a great year for all the immigrant community.

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  • krishmunn
    03-04 12:24 PM
    I had a similar situation but there are no client site involved (in my case my office itself moved to a new location , albeit in the same Metro).

    I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)

    655.715 Definitions.

    Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;


    20 CFR 655.734 (a) (2)

    (2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.

    (b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.


    Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),

    1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .

    2) When one move to a different Metro (or out of commutable area), a new LCA is required.

    It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.

    Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.


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  • QuickGreenCard
    04-21 01:22 PM
    Thank you again!!

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  • deecha
    08-06 11:17 AM
    I filed my EB3 LC Substitution I-140 with the copy of the labor. It has been pending since June 2006.
    Mine is not labor substitution though. My lawyer never received the original hardcopy of the labor certification.


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  • calaway42
    10-04 12:19 AM
    ok! well let me go try your steps .. wish me a luck :)

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  • rb_248
    10-19 04:58 PM

    If you want to use AC21 and are worried about matching job descriptions, you may do the following:

    Go to the SWA O'net site: O*NET Code Connector - Occupation Search (

    Get the O'net code under which your application was filed from your attorney. Use the search option to find out the details of the job description listed under your O'net code. Write down the job duties of your future employment and see is your future job duties match the duties of your O'net code. If it matches 100% you are good. If not, see to what extent it matches.

    My job duties matched about 60-70%. I took the risk because I didn't have a choice. I was laid off.

    My understanding is that your future job duties should be compared to your O'net job duties and not to your current function at your current firm.

    I guess this information helps you to do your ground work before you talk to your attorney. Using AC 21 is a pretty significant decision and can be done very safely if you have a good attorney to guide you through.

    PM me if you have any further questions.


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  • yabadaba
    06-18 12:44 PM
    thanks reno john!

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  • makemygc
    07-26 12:31 PM
    It is advisable not to move until you get fingerprinting notice.

    The reason is that you can't update your address before you get receipt notice and FP notice comes very shortly after you get receipt notice. You may or may not get your address updated in time to get FP notice at your new address. Given the workload at the USCIS at this time, try to make things as simple as you can.

    Thanks WeShallOvercome.
    What about address change after FP Notice? How do we communicate this to USCIS. I know there is a generic address change form which you need in any case you move more than 10 miles from your place. Do we need to use the same form or is there any difference process?


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  • skdskd
    10-15 03:32 PM
    Sorry to add to the confusion and I had replied to the same question in another thread, but my lawyer told me I can be on H1 and do additional work on EAD since H1 is a dual intent visa. He also told me that nothing needs to be informed to the immigration authorities once I start using my EAD. I know this is contrary to what everyone said in the comments above, but this is the reply I got talking personally to my lawyer.

    Even my lawyer told me that I can be on Both H1-B and EAD

    But It is not true for H4 , You can not be on Both H4 and EAD

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  • pappu
    01-14 05:46 PM
    Now, that's a good idea. How about Cutting Permanent Residency Delays.

    18 months is too long for citizenship applicants, and 6 years not too long for permanent residency applicants.


    Agency Acts to Cut Delay in Gaining Citizenship

    Published: January 12, 2008
    Federal officials said Friday that they had agreed on an emergency plan to hire back about 700 retired government employees in an effort to pare an immense backlog in applications for citizenship by legal immigrants.

    Under the plan, first proposed by Senator Charles E. Schumer, Democrat of New York, retired workers could return to the federal Citizenship and Immigration Services agency without sacrificing any part of their pensions. The agency will be authorized to hire former employees who have long since passed training programs and could be on the job quickly to help handle the more than one million citizenship applications filed in the first 10 months of last year, Mr. Schumer said.

    The required waiver was approved in a letter on Thursday to immigration officials from Linda M. Springer, the director of the Office of Personnel Management.

    The rehiring program is one step to help the immigration agency overcome an embarrassing backlog. Legal immigrants, saying they were spurred by a fee increase that took effect July 30 and by worries raised in the fierce political debate over immigration, applied in huge numbers last summer to become citizens. They were aided by a nationwide drive led by Hispanic groups and Univision, the Spanish-language television network.

    According to its Web site, the immigration agency is projecting that it could take up to 18 months to process citizenship applications received after June 1. Hispanic groups have protested that hundreds of thousands of applicants would be unable to vote in the presidential election.

    “It’s a problem of their own making,” William Ramos, director of the Washington office of the National Association of Latino Elected and Appointed Officials Educational Fund, said of the agency. “We kept telling them, there is going to be a surge.”

    In recent days, the immigration agency confirmed that it received 1,026,951 citizenship applications from last January to October, nearly double the number in that period in 2006.

    The agency also received a deluge of other immigration petitions.

    Hispanic groups have demanded that the agency complete by July 4 the naturalizations of all immigrants who applied in the 2007 fiscal year, which ended Sept. 30, Mr. Ramos said.

    Normally, when retired federal employers return to work, their salaries are reduced by the amount of their pension payments. Under the new waiver, retired workers who return to the immigration agency will receive full salary as well as their regular pension payments.

    Christopher Bentley, a spokesman for Citizenship and Immigration Services, said the agency was also reorganizing its work force and imposing mandatory overtime on current workers.

    The immigration agency plans to hire at least 1,500 new regular employees by the end of this year, Mr. Bentley said.

    Read the people and organizations marked in bold above. They seem to be behind it. It is all about how much you can highlight the cause and lobby for it.

    If we want something like this we will have to work for it too. Each one of us needs to participate it in.


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  • WaitingForMyGC
    02-24 04:19 PM
    Please read my posts carefully, there are no dates as I am on H1B, NO PERM Filed, NO I-140 mail date, NO I-485.

    Dude, Are you planning to marry an american citizen? :-)

    Just kidding..

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  • traveldoc
    09-24 08:28 AM
    That is very strange in fact. One year to receive EAD ????? God alone knows what goes on at those Service Centers. Good that atleast you got it finally !!
    As for me, I am still waiting for my AP. The congressman's office got a response back from USCIS 2 days ago that they will take an action on my application in 5 days. But I am highly doubtful about good vibes. Every effort so far has been in vain so I have lost hopes. I have a feeling USCIS has lost my file or something and is just trying to buy some time.

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  • leonqiu
    06-14 09:06 PM
    What do you mean by AP and EAD delayed? Once you have applied for your 485 and all things considered OK, you should get your AP and EAD. If dates retrogress again, you will have to keep renewing your AP and EAD till you get your GC. How long it will take to get AP and EAD? Right now, I believe it will take a lot longer, maybe upto 6 months given the load of apps. they will receive.

    looks like the sooner you submit the package, the better !!! even if I don't harbor any hope to get my GC before mid-2008.

    PD: May 2006
    I-140 approved.

    07-14 08:49 PM
    Mine is a substitution case and have filed for 140. After reading this post, was thinking if I can file for 485. Mine was filed last week and I have not received the receipt for 140 as-yet. Can I ask my attorney to go-ahead and file for 485 even though I don't have a receipt? Is there anything that I should wait for?


    06-27 08:36 AM
    what is the Alien Registration Number (A#) for a person on H4, while submitting 485 forms?.

    Should we use the Alien Registration Number (A#) of the Sponcering applicant as the Alien Registration Number of the spouse in all the 485 related forms(g325a, I485 etc) ?

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