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Saturday, June 25, 2011

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  • wandmaker
    12-19 01:23 AM
    Is it true it is must to use EAD to invoke AC 21? I am not sure but people said I cannot use H1 but EAD to invoke Ac 21........
    if you invoke AC21 means you have to use EAD not H1B......

    AC21: You are letting USCIS know that you will not be working for GC sponsoring employer as you have found a new similar/same job with some one else.

    EAD/H1B: EAD is an work authorization, which allows to you work for any one. H1B is allows to you work for an sponsoring employer. If your new employer agrees you take you on board then do an H1 transfer, your title will be "similar/same position".

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  • shanti
    02-24 10:49 PM
    Thank you all for your answers, and we could agree that there is not a clear straightforward guideline regarding the AC21. So I have the following doubts:

    1- I really am not worried about the salary part, since the OCC code that the USCIS allocated for my labor certification pays in the area that I intend to work the same salary that their statistics show so that is fine. About the salary issue I talked with a couple of lawyer already,.

    2- This is what I am concerned and is about the experience part. I read online that for porting a labor (or some situation of the kind before filing I-485) that you cannot use the experience gained on the labor sponsoring company but you could use anything before that employer.

    Here is the question I have regarding that frozen experience clock:
    a- Before coming to US I had 5 ys expeirence
    b- WIth first H-1B sponsor company I worked 3 ys in U.S. until end of 2003
    c- I joined my current employer B on H-1B and worked there all 2004 and they filed for labor in Feb 2005. So my question is.. as previous experience

    I know I can count the three years with employer A since no labor there, but with employer B can I count that year before they filed for labor that I was under H-1b or I cannot count any experience gain before the labor was filed with employer B at all? I think that is the key question here.

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  • plassey
    09-05 12:01 PM
    What's the big deal, if it is not this year may be in next few years another bill will be introduced. Bills will kept being introduced and some day one of those bill will pass.

    Why should I worry about it? Do you really think you can make a difference?

    Even the answer is yes, people with late priority dates should be more worried as they are the ones who will get their GC in several years. If they are not worried, why are you?

    You know there is a saying that goes in my country, you can bring horse to water but you can't make him drink.

    So dude take it easy... Even though in 5-10 years but folks will get their GC (of course assuming other things remain constant)

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  • svm
    08-31 12:10 PM
    I am also in the same boat. I am Aug 2007 filer. I got an interview at local office on Feb 2009 to check on my vaccination papers.. They told me my papers will be at their office until the dates become current, and that they will issue Finger print notice before apprving the case(when the date become current) that as my FP was close to expiry then. They gave me a letter that said only contact them 30 days after the dates become current. I havent got the FP notice yet. Not sure if I should contact the local office.


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  • GCard_Dream
    04-04 05:42 PM
    If you have filed multiple applications like 485, EAD, AP, etc and then you move and do an address change using the AR-11 form, addresses in your pending applications will not get automatically changed. The AR-11 form doesn't change your address in the pending applications unless you filled out the AR-11 form online and specifically requested that addresses in all pending files be changed. This is so weired that the CIS would change address in their central database but the address in the pending applications wouldn't change.

    If you fill out AR-11 online, it will ask you if you have any pending applications with USCIS and if so, if you want to update the address on those files. If you say yes the you would have to enter the case/receipt number of pending applications and the new address. Good luck.

    Despite updating the new address 2 times, and getting hard copy confirmation, FP notices for my wife and daughter have gone to the old address twice.

    With an Infopass appointment, spoke to the guy at the local USCIS office. He confirmed that the current address is what is on their records.

    Wonder how things work in USCIS. Keeping my fingers crossed for future mail!!!

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  • GCProbs
    09-15 07:10 PM
    Hi All,

    I need an advise from IV folks..

    here is my situation..

    I've got my I-485 approved through company A (Future Employment) on 09-2010 (Case details: PD 06 I-140 AD 02 I-485 RD 07-2007 AD 09-2010). I've never worked for the Company A and my GC-sponsoring company is about to close any time. Since 01-2008 I've been working for company B in same/similar field and did not file AC-21. If I want to continue working for company B, do I have to file AC-21? Please let me know if I need to concern about any thing in future.

    Since GC-Sponsoring company is going to close any time... So I cannot return back to that company...

    Please advise me...


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  • mirage
    04-08 02:40 PM
    On Page 3 they say total Employement based preferences number was 162,176

    Than on page 6 they say total Employement based preferences number was 147,148

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  • wandmaker
    10-29 10:22 AM
    But the EAD is soley meant for work!

    I agree. The kid should not have received the EAD.

    Are they issuing EADs to 2 year olds? That would mean it is legal for a 2 year old to work which just does not add up.

    My co-worker, who has 5 year old kid, his son received an EAD (he filed I-765). He applied for SSN and received the SSN card within 5 days of application.

    If Sury wants SSN for his kid, s/he can give a try.


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  • sunny1000
    12-14 12:15 AM
    If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?

    Sorry to hear that your marriage did not work out. If there is a way to work it out, please do via marriage counseling.

    If not, give us some more details about your present situation to give you a qualified answer. I am attempting with what I have.

    I assume that you both are Indian citizens.

    If you and your spouse consent to the divorce mutually, you can obtain it here in the U.S (in your state of residence) as per the state law since divorce in the U.S is a state subject OR get it in India by mutual consent (it takes 6 months to obtain a divorce by mutual consent).

    If your divorce is going to be contested and you both live here in the U.S, then, you can file here provided you believe that your spouse will not take refuge under the Indian laws by going back at any point during the start of the process (once you serve her/him with the Notice of action and she/he responds to it in the Court here in the U.S, that court has the jurisdiction usually).

    If your divorce is going to be contested by your spouse AND if he/she is moving to India OR if already living in India, you are better off filing there. But, believe me, in this scenario, there is no good answer as you are in the lose/lose situation. Here is why:
    1. It is very difficult to get a divorce in India, if contested (especially if contested by women) and it takes a very long time (average is 3 years in the Family court and it takes another 5-8 years to go thru the appeals process in the High court and the Supreme Court, if one of you choose to do so).
    2. He/she can counter your divorce by filing what is called "Restitution of conjugal rights" (yes, India is one of those countries which still has this section) which entitles him/her temporary maintenance until the cases (both Restitution and Divorce) are settled, if he/she is not working (it runs in the average of Rs.35000 to Rs.40000 a month for you, if you are a working spouse from the U.S). Based on the final judgement, you will be responsible for a final settlement which may include property, monthly/one time alimony, child support etc.
    3. You will have to appear for every hearing in person which is every 15 days to a month (exception is Karnataka where you can give power of Attorney to a relative. Even in that case, you will have to fly in every 6 months).
    4. If her/his lawyer is a scumbag, he/she can harrass you by threatening to file false charges against you.

    Please note, getting a divorce ex parte in U.S is very difficult and is also not valid in India. Your spouse can contest that in the Indian Supreme Court and you will be issued with a subpoena/summon. Failure to appear will lead to an arrest warrant.

    Do a lot of research if your divorce is going to be contested in India and PLEASE consult a VERY qualified attorney in divorce law who can also handle international laws about divorce. This gets even more complicated if you have children. If any lawyer tells you that it will be over in 2-3 hearings, don't believe that unless it is a divorce by mutual consent.

    From my personal experience, please try the best to get an out-of-court settlement (by hanging the pride and ego outside the door) as it saves a lot of time,money and agony for you and your family. Contested divorce is one of the most painful experiences in one's life and it does leave a permanent scar.

    Good luck.

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  • amitjoey
    04-16 04:05 PM
    Yes! I am guessing you can get a refund. Ask for a refund. Why NOT?


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  • frostrated
    09-03 01:59 PM
    Spain has two types of resident visas. One that allows you to work, and the other that is purely for residence only. If you have a residence visa that allows you to work, you have to find employment with a Spain company within 30 days of your visa being approved or your entry into Spain, which ever is later.

    About you working from Spain on a non-work resident visa, it is possible, as long as the work that you perform is for a company that is outside of Spain, has no offices in Spain and does not file business taxes in Spain. It is equal to you working for yourself without pay or benefits. Whatever you earn, you are earning in a foreign country where Spain does not have jurisdiction.

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  • pd2001_12
    09-15 12:26 PM
    Any ideas? (My wife and son are in india now).
    Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.


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  • windycloud
    07-24 04:30 PM
    Difficult times also present opportunities. Anyone who can start it, especially in EB2, can really benefit from the timing simply because there are MUCH fewer people going for it these days for different reasons. Wait till everything turns rosy again and you'll find yourself among hundreds of thousands of fellow GC pursuers. Sitting in the huge PD2011 queue while watching PD2008 - 2010 people getting fast approvals won't be fun.

    The best time to start GC process is always yesterday. And if scrutiny is the concern, let's face it, there is not a good time for it. It's always worrisome until you get that card.

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  • kaisersose
    08-29 09:22 PM
    Un"un: Unknown :)


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  • seahawks
    09-11 08:02 PM
    Congratulations, we have 23 members join the local WA state chapter! Welcome everyone who signed up. Calling all WA state, Oregon members to please sign up with the group link below. We need as much support as we can to support IV initiative.

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  • bigboy007
    06-04 12:58 PM
    i too think so they wont drag it more


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  • cool_cat
    09-28 09:13 PM
    My I-485 application has been received by TSC on July 2nd. I have not received anything yet. My check is also not cashed. Is there anyone who applied on the same date and did not get his RN yet.

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  • msp1976
    03-09 05:01 PM
    Not sure what you meant by your statement "screwed either way"
    Also, please let me know what does EB2 ROW means. Thanks!

    Without immigration reform Cannot file I-485 application...Wait for 7/8 years at get green card finally..

    ROW is rest of world....All countries except India/China

    The EB3 date 'porting' might work....In EB2 your date would get current and you would be fine...

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  • waiting4gc
    04-16 01:45 PM
    pros --
    - no state taxes
    - cheap housing (renting or buying)

    - (for me at least) Houston is terribly humid and hot
    - concrete jungle pretty much sums up the city. There is hardly any good public transportation in any texas city

    I am thinking to moving from Allentown (PA) to Houston. Just wondering if anybody can enlighten me on the challenges that I am likely to face.
    Drivers License,Commute to downtown, childcare etc.
    I will probably get flamed again for posting a non immigration related (mostly except the DL part I guess) topic.
    I have an approved i-140 and EAD and 180 days past on 485 filing.

    02-09 05:17 PM
    Link - The link is not working..
    Krishna/Sri, could you give me the correct link.

    Thanks Krishna / Sri for very useful information. I will try this option before the other ones.

    Thank you very much.



    09-01 12:55 AM
    Hoping to get your opinion on my situation.
    I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
    What are my options here? Some of the avenues I am exploring:
    a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
    b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
    c. Any other opinion

    I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
    Thanks very much for your help.
    - Sharada

    I couldnt understand this...Your company is Indian and have office in US. They want you to work for Indian/US company but they want you to move to spain when they dont have any office.

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