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  • logiclife
    02-12 06:28 PM
    Hi,

    I am with employer A (he is good except that he doesn't like me talking to the attorney directly about GC process. I have to go through him for every single details and he is busy usually so contacting him is also a bit pain. Because of this my process is getting delayed sometimes).


    Having said this, I joined this employer A in 2004 after I graduated and i am with him for 2.5 yrs since then. Now I am starting my GC process and I cannot show this 2.5 yrs of experience to my LC process (which is logical). On the other hand, I found another employer B who is willing to process my GC with one of the top attorneys.


    So if i switch now, I will

    1. Be able to apply for EB2 (MS + 2.5yrs + 1 yrs(before MS) = MS + 3.5yrs)
    2. I get a very good attorney to file my GC
    3. I will be able to have a direct conversation with the attorney (employer said its between me and the attorney)


    If I don't switch, my odds are that

    1. I have to go with Eb3 (MS + 1 yrs(before MS) = MS + 1yr)
    2. Can't talk to the attorney directly


    So IS IT WORTH switching the employer for

    1. Gettting into EB2
    2. Getting a good attorney to file my LC
    3. Be able to talk to attorney directly


    Your thoughts and suggestions are highly important. So please let me know what you will do if this is the case ?


    Thanks


    All employers, who refuse to share copies of 140, labor or H1 fully intend to retain employees by restricting their ability to switch jobs and retain priority dates for future GC petitions. There are not exceptions to this rule. Even if its your brother who employs you, the only reason for withholding documents is to bond you. That is the only motive to withhold copies. "Its property of employer..." excuse is BS. Yes, it is property of employer. But the xerox copies dont change the ownership.




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  • gopi246
    03-20 09:52 PM
    Did you contact the SSN department in person or called them.? Its better to go in person and get hold of the supervisor.

    My brother had the same issue, but after 2 weeks of waiting, he used to go to the local SSN opffice everyday and somehow was able to get hold of the supervisor. The Supervisor called him once they got the info in their system and also gave him the number. The actual card came after few days in mail. I would suggest you to contact the local SSA office Super/Admin and escalate your case saying you badly need the number to start working.

    Thank you very much, I will try and get to the root of the issue. Thanks for you return posts. Now i understand that I have to fight it out.




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  • casinoroyale
    01-24 04:36 PM
    I don't think you need to withdraw your H1B visa application.


    lostinGCland: My wife (on H4) is in the same boat as you. Do you have AP in hand yet, and did they return your passport to you? If yes on both, then my attorney recommended to send a letter to the consulate instructing them to withdraw your H1B stamping application, then with a copy of that letter in hand, along with the AP, reenter the US on AP. Good luck!




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  • AB1275
    12-19 04:08 PM
    Hello friends....

    I just spoke to my lawyer....she said I could file an MTR first since its response is faster.

    In the MTR she will state that W-2 can be received only in Jan and hence we will submit the evidence in January 2009. She thinks with the W-2 being in line with prevailing wage rate, it should be an open and shut case. So technically we are filing an MTR without new evidence but mentioning that there will be new evidence.

    I counter argued that they can deny saying u should have submitted paystubs - why wait for W-2. She said yes they can said that but we did not submit paystubs and we can then appeal.

    I discussed with her that will i be given an option of Appeal if this MTR is denied. She said yes and if they dont we can go to court...They cannot deny the right to appeal an MTR. Is this true?

    Your input on this please!!!!



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  • GCAmigo
    06-04 09:55 AM
    Morning business @ 2:30 p.m. ??

    Mourning business ?




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  • drirshad
    06-30 02:51 PM
    Hey can we sue these law firms who have spread the rumors, I could not sleep all night yesterday. Think about those who have not submitted the paperwork to their lawyer yet ....

    I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....



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  • gcformeornot
    04-30 09:21 AM
    out... that's from yesterday....




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  • skynet2500
    06-19 05:54 PM
    same rules apply to medical center. If you donot have MMR how can they give one shot and then give the medical report when another dose is pending next month.

    Does that mean those who get MMR shot at medical center have one more pending ...but got their report in advance????

    They can give a report saying that second one is scheudled on a particualr date. that's what they do for people taking MMR from them. They don't give 2 MMR shots at one time.



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  • desighee
    10-28 12:21 AM
    Happy diwali to everybody.
    IV Folks,on this occassion I would like to quote a famous shloka from Geeta spoken by none other than the supreme personality of God head, the omni present lord Krishna:
    "Karmanye Vadhikaraste Ma Phaleshu Kadachana,
    Ma Karma Phala Hetur Bhurmatey Sangostva Akarmani"

    the gist of which is "keep doing your good deed and do not worry about the results,the lord shall bestow you with what you deserve"
    Folks, a lot of GC aspirants (like myself) are some of the best and the brightest people in the world,yet we are struggling in our lives due to this immigration mess created by an immigration system which is downright archaic and discriminatory.
    Our only fault is that we are ambitious and we want to succeed in the land of opportunities .We have this almost uncanny optimism to see light at the end of this immigration tunnel that seems to have no end.Yet everday we login to IV and other immigration websites to see if our fate has changed overnight,if the prority numbers became current,if the priority dates moved up by 6 months(and God forbids down by 3 years),if the HR5882 passed or it didn't because the senate decided to take the "horse rights" bill .Yet, we talk about flower campaigns to somehow make our voices heard, to somehow defend ourselves from the media assault launched by people like lou dobbs who constantly equate us with the illegals.We somehow try to do a failed attempt to distinguish our selves from the those guys who jump over from mexico border and work as labourers.We want to shout at the top of our lungs that we are not illegals, we are pefectly legal people who came to this great country of opportunities upon the invitation of US employers,we are doctors,engineers,scientists and phDs who probably pay more social security taxes then average population and who may never get that money back.All we want in return is a way for us and our spouses to work and live a decent life and live out the American dream without being exploited by the employers who is hell bent upon screwing us.This country is greatest in the world but somebody needs to hear the genuine voices coming from this strata of society.I have full faith that this country has the basic values of equality ingrained in system and we need to do our part to make sure those values are upheld when it comes to legal immigrants.

    Please keep doing your part and one day we'll see the light at the end of this tunnel.The rights of legal immigrants will certainly one day find preference over the rights of horses.




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  • vin13
    03-11 09:14 AM
    My AP was mailed by USCIS in January and I never received it. Called USCIS customer service, they said I need to apply again by paying $305 again. Called up USPS and they cannot find it, USPS said they will be sending me apology letter.

    Did any one lost AP in mail, did any of you refile again.

    I had a similar situation. The website showed that the case was approved. After waiting for few weeks had my lawyer contact USCIS. They said to wait another week and if it does not arrive then they will issue a duplicate one. The very next day, the lawyer fedexed me the AP papers saying they arrived. Now, i am not sure if the mail was not opened at the lawyer's office or truely it arrived the very next day.

    I think the best for you would be to schedule a Infopass and go there with your information. If they feel like helping you, they can have you fill the application form right there and issue the AP in a day or two.

    Take a couple of your passport photos just in case they want you to fill the application again. It is a very short application. So it takes less than 10 minutes to fill it. They may not charge you any money. Just take your 485 receipt notice, I-140 approval notce, previous AP approvals if any, current EAD with you.



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  • rockstart
    10-23 01:56 PM
    Glad to see this law. Also this law gives me hope for recapture. No one knew about this law was in transit and without any hitches this one passed all the way. So for those who feel that recapture cannot pass can rethink their position based on this new fact.




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  • mihird
    09-26 04:29 PM
    Ur missing the point.
    The number after the letter, which stands for the classification category is pretty much irrelevant for the purpose of determining the maximum period of stay. You might notice that in many publications USCIS addresses visitors to the US as being in B, H or L status, omitting the #.
    As long as your wife maintains her H4 status properly (providing you maintain your H1 status) and as long as she possess necessary travel documents she is free to enter and exit the country.
    As far as I understand she will not have any legal problem obtaining an H1 visa after staying out of the country for a year, as long as the visa # is available, she has a job offer etc.
    But I do not believe that her H status clock will reset if she leaves the country for a year, then enter in H4 status (which is still a derivative and tied to your principal H status clock). Therefore she will not be able to change her status to that of H1.
    Again, it's a pretty complicated matter and you might want to consult an experienced lawyer.

    Once you leave the US for 366 days, your H clock is reset. Now, you enter back on a H4, your H clock starts ticking down again..you should be able to do the H4->H1 change of status (once a H visa # is available) and exit and re-enter on a H1 visa and get new time on your H1 of [6 years - minus the time spent on H4]. Again, I am not an attorney, I am just saying this from what seems logical to me..



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  • leoindiano
    08-28 04:36 PM
    You contributed 600:confused: for what?

    For different initiatives. Did you see my join date? I joined in the first month when it is founded. Not a big deal...I am not even sure why i have to prove and tell these stories....last post....




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  • TexDBoy
    09-10 09:32 PM
    I think it is better to file a H1B amendment if there is any issue in the application ... You could get I797A
    and ... It is always least riskier to go to the consulate mentioned in the H1B application ...



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  • gc28262
    04-20 09:20 PM
    Hey gc28262,

    I am in the same boat as you. I applied for both EAD & AP last year to Texas Service Center. I have gotten my EAD but not AP. The following is my online status for AP:
    Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT

    Current Status: Approval notice sent.

    On August 13, 2008, we mailed you a notice that we have approved this I131 APPLICATION FOR USCIS TRAVEL DOCUMENT. Please follow any instructions on the notice. If you move before you receive the notice, call customer service.


    I called many times and was able to open up a service request. They sent me a letter saying the same thing that I can see online. Everyone told me to re-apply or send I-824 (Application for action on approved petition with the fees $340, costs more than the AP application itself).

    Could you please post the address where you have mailed. I would like to try the same to see if my luck changes any.

    Thanks

    Srini

    Here is the complete instruction with address:


    Fill out I-131 Application ( Or use the copy of the original application )
    attach two photos

    Mention the receipt no on the top of the form
    Also mention REPLACEMENT : no Fees included
    Add a covering letter explaining the situation

    Post it to the following address

    USCIS Texas Service Center
    Attn: SIIO Rhonda Hill Johnson
    4141 St Augustine Rd
    Dallas, TX, 75227

    On lower left corner of the envelope mention the following:
    do Not open in the mail room, No fees are attached




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  • bsbawa10
    09-04 07:12 AM
    Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.

    USCIS is really hopeless. Why even ask anybody with AOS pending. Do they not have the data of the people who have applied for AOS ? It is almost like the joke. It is like: "we have lost the AOS cases, please file again"



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  • meridiani.planum
    05-15 05:14 PM
    2009------we can see something happening.
    Until then Visa Bulleting is our best hope and source
    Let us pray.

    not to be too blunt, but:
    http://gracefulflavor.net/2008/04/29/prayer-death/
    prayer is not enough. As they say even God helps only those who help themselves. The July VB re-instatement would not have happened if people had just prayed and done nothing else.

    So call representatives during the day:
    http://immigrationvoice.org/forum/showthread.php?t=19113
    and pray in the evening.




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  • eb3_nepa
    03-28 10:53 AM
    Jnayar,

    It is not IV's intent to be a one-stop shop. We are here to discuss our agenda and actions. This is not my policy -- it is IV's policy. Don't know if you are a new member but do check out our posting guidelines http://immigrationvoice.org/forum/announcement.php?f=2

    best,
    Berkeleybee

    Berkleybee,

    We know IV has set policies about postings, but i have to agree with Jnayar here. It is really a waste of time and counterproductive for individuals to be on 2-3 different forums. Especially when the creme-de-la-creme is on this one. If our motive is to draw people to Immigration Voice, then it would be better if the community could help each other out. We have about 4 sections in the forum already. Cant we have a fifth one for "Personal Issues with Green cards". When you say, ranting etc is wrong i agree, but it would be kinda nice to allow people to post their issues that are hard to find on other forums. I mean at max, some people will read the issues and not post a reply, but if someone DOES have an answer, it would make life easier on the person that posted the question. From my personal experience, i used to visit the ImmigrationPortal religiously during the past year. Now i have not once stepped onto that forum, coz most of my needs regarding information are met here. We have a strong, vast and diverse community on here and we can help each other out, being that most Immigration Lawyers are not very prompt in answering our questions. You guys have been doing a great job moderating this forum, but we need to have a seperate category for these extra issues.

    When IV started, it was mostly for retrogression, but now we have encompassed Labor certification too. People on this forum have all sorts of problems. While we cant solve them all, we can certainly Try and help. Some of us have gone through similar experiences and can help other out.

    Adding another forum should not be too big of an issue in my opinion, though the Admin could shed some light on this.




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  • pappu
    07-26 10:34 AM
    added to this is also another question that may benefit few people in this situation. If labor is approved by the previous employer , how long will that stay valid. I mean people on 6+ year extensions may need ex employer's labor certificate in order to get one year extension so that they can reaplly with new employer.

    Is there a time limit on labor to become void if within a certain time I140 is not filed?
    sky7, you shoudl post your question and this question during the call with the lawyer. I am sure a lot of people are in a similar situation as you and such answers with benefit everyone.




    desijackass
    11-02 09:34 AM
    I got my H1 B stamped in Oct 2010 at the Vancouver consulate.

    Step 1:
    The first thing you need to get an appointment at Vancouver consulate is to visit their website (Vancouver • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/vancouver.asp)). Instructions on the website are pretty straightforward. Use the online system to enter all your information and fill up the DS160 electronically. Upload a recent photo (within 6 months). I saw a number of people have to produce newer photos when I was at the consulate because the ones they provided were too old. If you screw up on that , don't worry there is a photo booth inside the consulate (that is super expensive) and you can get pics there. There is also a store across from the consulate where you can get pics.,\
    Once you fill up your DS 160, continue the application process for the visa, and at the very last step you can request a date. I did mine a month in advance and I think the system releases dates only 1 month in advance. My appointment was on Oct18 and the system allowed me to change dates upto Oct 15. Pay the online fee using your credit card and make sure you have a printer handy. The reciept they send you is important and make sure you print it out immediately. I did not find another spot where you could print it.

    Step 2:
    Now that you have an appointment , if you are Indian , you will need a valid visa for Canada. Goto the Canadian consulate website for the USA and depending on your nearest consulate send the application. Please remember the Canadian consulate is not as efficient as the US consulate and allow at least 3 weeks for them to process your visa. Mine took over 15 days and they sent the passport back regular ordinary mail. The passport reached a day late , so I had to rebook my airline tickets. If you plan things well , you can get your passport back and book tickets then. I have read online that you can send them an express mail cover , but I didn't see anything of that sort on the website, you can try it, worst case you will be out $20. The Canadian form is a pain , but once that is done, just mail everything in. For Canada I said reason for visit was "tourism" , didnt really talk about the Visa renewal. I included bank documents, and last 3 paystubs. You don't need a valid US visa to go to Canada because technically the H1B document is valid for return.

    Step 3:
    Assuming you have got your Canadian visa, buy airline tickets to Seattle, it is much cheaper than buying tickets to Vancouver. Once there there are a number of ways to cross the border. You can be super cheap and take a bus , or if you have friends and family you can rent a car and drive across. My car rental rate for the whole week was $275. Vancouver has a great public transport system and you do not really need a car there.
    I crossed over at midnight so there was no traffic, the lazy Canadian border guard didn't really care , barely looked and my passport and waved me through. (Makes sense that they don't care that much because the US is so strict, if you are here and crossing over, you are probably legal!) Don't take any food across, thats one of the questions they ask you, and if you do have any , it would probably be a hasssle.

    Step 4:
    Now that you are in Canada, you don't have to stay downtown Vancouver. I pricelined a hotel (Hilton) in Burnaby, which is the next suburb also called metro town. $75 a night , whcih was a great deal for the hotel, right across from a really large shopping mall.It was also 5 mins walk from their sky train system.I would suggest getting a hotel for atleast 3 days. and then getting more if you required. So I parked my car there. Monday morning , interview day, I took the skytrain downtown, I think the stop was waterfront or the one before that, sky trains are empty, fast and efficient <20mins to get downtown and $3.5 for the ticket. 5mins walk from the station to 1075 w pender street where the consulate is located. There are hardly any signs, so you may have to ask around. Hint: the consulate is in the same building as the Starbucks. Don't bother going early than 20 mins, because you will just stand around waiting. 20 mins in to your appointment, make your way to the consulate.
    You will need your passport, supporting documents (just the bar code DS160 reciept), pay stubs, H1B notice etc
    They will do a preliminary check at the entrance,DO NOT TAKE YOUR CELL PHONE or any electronics with you, you will be sent away.
    After that you go to this dull , drab room, where you sit around for about 1/2 hour till they check your docs and wait for finger printing. They are usually very friendly there, any discrepancy , they let you correct it, not like Chennai where they kick you out.
    After 1/2 hour I got finger printed then was taken up to the 20th floor, where I had to wait for 5 mins.When my number was called.
    I then went up to the counter, the lady asked my what I did, where I worked (Usual BS), it was my third renewal, so it was pretty lax. I work for a Big 10 school, so it wasn't much of a problem. I was done in 5 mins, and she said that she was sticking sticker on my passport so I could come back on Wednesday and pick it up, or I could have it sent to DHL, I said , I would come back.
    I was out of there, I then explored Vancouver for a couple of days, went back to consulate on Wednesday when a security guard handed me my passport. I pricelined the same hotel and extended my stay for a few days, then drove back to Seattle.
    On my return, my entry was smooth, they checked my paperwork, american border guards were very efficient and friendly. It was a half hour wait at peach arch, and I was there at 7 am. I did notice lines getting bigger. I had to pay$6 for a new I-94 and then drove to Seattle airport and was out of there.




    qualified_trash
    12-15 11:35 AM
    I think if you have 2 years left, you will get H1 transfer and the new H1 will have 2 years. After those 2 years, you will get another 3 years if your 140 is not revoked by your previous employer.

    he can get a 3 yr extension no matter what because I am assuming that he will go through PERM and have his I140 approved through the new company in a year or so.

    the only benefit of the old I140 is to port the Priority Date.



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