Wednesday, June 29, 2011

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  • gc_chahiye
    10-17 12:13 AM
    I am in a confused situation, any thoughts / guidelines are greatly appreciated..

    The question is : If my h1 is with company A and my GC is applied for future employment by company B, can I use EAD to take up full time employment with company C (or Self) ?

    The full story is : The client company, I am working with is processing my GC for future employment. 485 was applied and I received EAD. It has come up that the current employer has an agreement with the client that , the client should not employ any of their employees for 1 yr after the termination. So, I need to quit the current employment, work else where for a year and then join the GC sponsering company.The I140 will not be revoked.

    Since I am not currently working for GC sponsring company, does any of the AC21 issues matter ?

    Thanks in advance

    yes you can take up employment with C. If you get an RFE at any point within the next 180 days make sure B can give you an employment offer letter. post 180 days you can invoke AC-21 if you want and use C as your GC-Sponsoring employer.





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  • PDOCT05
    10-17 09:34 AM
    bump.





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  • drirshad
    05-23 09:58 PM
    Is postal address for e-Filed AP & EAD same, I have e-filed the EAD/AP renewal have 2 questions please respond.

    1) The postal address for AP shows same as EAD renewal for e-Filed, is this correct.

    2) The 2 photos is only for EAD renewal not AP, seems they will take a picture/fingerprint for AP by appointment.


    Req docs, you will have to send (I-765/EAD)
    1. a copy of of your I-765/EAD E-file receipt,
    2. pending I-485 receipt,
    3. two 2"x2" passport photograph,
    4. copy of your previous EAD, both side
    5. drivers license, both side
    6. passport non-immigrant visa page
    (even if its expired, it will serve as a federal issued photo ID).

    Req docs, you will have to send (I-131/AP)
    1. I-131/AP E-file receipt
    2. Photo Id: License
    3. Passport visa page
    4. 485 receipt copy
    If applying for Re-entry Permit, you must be fingerprinted as part of USCIS biometric services requirements. After you have filed this application, USCIS will notify you in writing of the time and location where you must go to be fingerprinted. If necessary, USCIS may also take your photograph and signature.





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  • ngeorgia1977
    04-03 08:46 PM
    My wife did her MBA and used her OPT before marriage. After a gap of OPT period she again went to school and got a MS degree. During her OPT, she did not work at all. Now she is unable to get second OPT for her recent MS degree.
    Is there a way out to get second OPT? Can this new law (29 months OPT) if passed, be used to apply for second OPT.
    What should be best approach? Please advice.
    Thanks



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  • gk_2000
    11-05 05:07 PM
    It leaves out per-country limits for EB





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  • TimeSaver
    07-10 05:32 PM
    I had my EB2 PERM filed and approved with PD of May 2007. Filed 140 for this already. Just today came to know that there is a October 2002 EB3 labor available for substitution at my company and matches my profile so I can use it.

    What do you guys say, I only have two days left to file labor substitution, but my lawyers can do it. I have to decide fast.

    Thanks



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  • gc28262
    08-08 12:55 PM
    Though I am not an attorney, I would recommend removing the word "revoke" from the letter. Some less knowledgeable IO can read "revoke" along with "I-485" and do something disastrous.





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  • Blog Feeds
    06-17 08:40 PM
    In a recent decision, RUIZ-DIAZ v. UNITED STATES OF AMERICA, the court ruled that Petitioners who filed or will file a Petition for Special Immigrant Religious Worker Visa (Form I-360) with United States Citizenship and Immigration Services (?USCIS?) on behalf of individual beneficiaries are hereby notified that you or your beneficiary may now file an Application for Adjustment of Status (Form I-485) and, if your beneficiary seeks employment status as an adjustment applicant, an Application for Employment Authorization (Form I-765) even if USCIS has not yet issued a final administrative decision regarding the I- 360 petition. Previously, the I-360 had to be adjudicated before the adjustment package could be filed.

    The Court has invalidated USCIS? bar against concurrent filings as an unreasonable
    interpretation of the governing statute. Pursuant to an order dated June 11, 2009, USCIS is required to accept as properly filed adjustment of status applications (Form I-485) and employment authorization applications (Form I-765) from individuals who are beneficiaries of petitions for special immigrant visas (Form I-360 (http://www.h1b.biz/lawyer-attorney-1137192.html)), whether submitted concurrently with or subsequent to the visa petition, provided the applications meet USCIS? valid filing requirements.

    Bear in mind that this decision may be subject to Appeal, so things can still change. But for now this is a victory to the applicants filing under this category.




    More... (http://www.visalawyerblog.com/2009/06/religious_workers_visas_distri.html)



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  • theshiningsun
    05-31 07:45 AM
    thx cloud9.

    You need to know SOC code/Job responsibilities/Salary for using AC-21.

    is this info available on the PERM approval?





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  • Hermione
    10-03 11:25 AM
    First, submit a change of address form on USCIS web site for you and your wife. Have all of your receipts ready - after the general change of address form you will need to submit one for every petition (!) you have pending.

    After you receive all of the change of address confirmations from USCIS (takes about a week), make an InfoPass appointment or juggle the call center system into transferring to your service center to talk to an immigration officer - please make sure all of your addresses got changed.

    Don't forget to foreward mail at the post office.

    I applied under EB2-NIW on July 28, 2007. Under the concurrent filing allowed at that time, I submitted NIW, I-140, I485, and EAD applications for me and my wife. I have changed jobs, and joined a new company last week.

    Since I filed a self-petition, my application should not be directly affected by this move. However what do I need to do to inform uscis about this change, so that my receipts/EAD etc. do not go to the wrong place, or worse, get returned by the post office.

    Please advice. Any additional info/experience would be great.



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  • waitin_toolong
    07-20 09:32 PM
    true but is you ever want to come again on B1 return as soon as possible.

    you got a stamp of 6 months stamp of 5.5 ..

    to get a longer stamp next time try not to stay even the full 5.5 months





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  • visves
    05-01 06:22 PM
    seems to work just fine for me ??

    Looks like immigration-law.com is hacked and being redirected to deckplans.com



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  • kumar1305
    01-20 12:06 PM
    Who says America is innovative and still developing?





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  • Sakthisagar
    10-26 08:33 AM
    I wanna know about green card in the US. how can I get it and what benifits and loss would we face after getting this ? can I get it by marriage from any American girl? or how ? plz help me !

    Are you in america already?? Please update your profile, what is your Visa status and other things, or are you planning to come to America. just for info asking this question?



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  • mordaut
    04-27 08:47 PM
    Ummm... Bump?





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  • SAPGURU
    11-25 08:51 PM
    My I-485 was filed in month of August 2008 under EB2 .I was laid off from my I-485 sponsoring employer(A) in month of August 09 and i took another Job with employer (B) in same field in month of Sep 09. I did not file AC21 as my previous employer's(A) attorney advised not necessary to file AC21.Now I am getting new offer from another employer(C) in same position but this new employer(C) wants me to file AC21 .

    What are my options now? Should i file AC21 for employer (B) first and then file AC21 for employer (C) or should i directly file AC21 for employer (C).

    I will greatly appreciate your reply.



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  • rajuram
    07-19 10:49 AM
    How is the job market doing in these times of tough economy? Is it a safe time to use AC21? Please share your recent job hunting experience.

    I have oracle and java experience, are these in demand?





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  • PDOCT05
    10-16 01:16 PM
    How old is he? Are you sure you filled out every item?

    He is 3 years old and we verified every thing...lawyer also verified.





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  • adfrn111
    01-08 07:03 PM
    A good friend of mine is getting divorced with her husband. The husband is the primary employment based green card applicant and their dates are current.
    Will her I-485 be denied after the divorce?
    The husband is willing to wait till the green card is approved before the divorce.
    If she gets her green card, will it be revoked after the divorce?





    reno_john
    06-20 11:54 PM
    Mailed in June 1 EB2 concurrent to NSC but transferred to Texas
    Package received date June 4
    Receipt date : June 13
    Check cashed June 18





    DesiTech
    06-02 03:01 PM
    hi,

    My spouse got her GC in Sep/2000 filed by her parents. Then went back to India to continue studies with 2 yr permission from INS. Return to US after 2 yr and stayed for 8 months in US and then took trip again back to India for 7 months. And then return back in May/2004 and still here since then.

    Outline:
    Got GC -- Sep/2000
    out of US (Nov/2000 - Oct/2002) with permission from INS or USCIS.
    Return to US -- Nov/2002
    Stayed 10 months in US
    Trip to India --- Sep/2003 (for 7 months)
    Return to US -- April/2004

    Since April / 2004 here in US.

    based on this stasts we my spouse apply for citizenship.

    USCIS work sheet eligibility says >> 5 yr GC ->> If not out for 30 months in last 5 yr (true) >> No trip out side of US more then 1 yr. (FALSE - If so execpetion -- took permission - true) >> good moral >> etc., >> APPLY FOR CITIZENSHIP.

    But when read the eligi. requir. its says absence more then 1 yr cancel all previous contin. of stay ??? confused with this both understanding.....

    Thanks in Advanace !!



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