Saturday, June 18, 2011

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  • bkshres
    01-23 04:21 PM
    Sorry for little confusion.
    What I mean was,
    - I filed I-485 for me and my wife
    - then after 180 days I switched to a new company with H1B transfer.
    - So, I am still in H1B status.
    - But my wife (secondary applicant) is using EAD based on I-485 and working.

    Which means we used AC21 for portability of our I-140 and I-485 cases.
    Now, we are planning to travel home to India. My wife need to use AP and I will still be using H1B visa.
    So, my question was, whether there will be issue at Port of Entry when primary applicant(which is me) is still in H1B visa with pending I-485 and my wife is using EAD with AP?




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  • bmoni
    12-26 09:51 AM
    I will be calling in.




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  • txh1b
    05-06 11:51 PM
    No one can enter your property without your permission or consent unless they have a warrant. The officer has to ask you if they can come in and you might have said yes and hence the result. You could very well say no and walk outside the door to talk to them.

    Some PDs have educational videos to the police officers. A good example and a must watch link below.

    http://www.youtube.com/watch?v=PkaMUp_JqIE




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  • wandmaker
    06-10 01:36 AM
    you better consult a very good attorney rather than asking for someone give you expert opinion.:eek:



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  • yanj
    12-14 11:58 AM
    I searched some ways to solve the GAP problem.

    Now I collect it and please correct it if I have some mistakes.

    GAP problem is a normal problem . So we can share our information about it

    to help each other.




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  • LostInGCProcess
    08-30 02:11 PM
    Isnt recording conversations without the consent illegal? :confused:

    Found on the net:

    The U.S. federal law allows recording of phone calls and other electronic communications with the consent of at least one party to the call. A majority of the states and territories have adopted wiretapping statutes based on the federal law, although most have also extended the law to cover in-person conversations. 38 states and the D.C. permit recording telephone conversations to which they are a party without informing the other parties that they are doing so.

    12 states require, under most circumstances, the consent of all parties to a conversation. Those jurisdictions are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

    It is illegal under all jurisdictions to record calls in which one is not a party.

    A complete state-by-state set of regulations regarding telephone call recording may be obtained in the following report published by The Reporters Committee for Freedom of the Press:

    http://www.rcfp.org/taping/states.html



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  • ruchigup
    08-22 03:11 PM
    Doesnt make sense to pay $2500 for retaining the lawyer, they are trying to squeeze maximum out of you. If you are changing employer ask if the new company has an immigration lawyer and you can have him for your services. If they dont have any one you can engage services of your own immigration lawyer and have the new lawyer sign the G-28 form. Also please post the name of law firm and your employer so that others can be cautious.



    I am changing my employer and wanted to retain the services of legal firm representing current employer. Upon asking that I want to retain their services after I leave current employer, I have been told to pay upfront retainer fee of $2500.

    - Is it normally the case? I have been told that this fee will be put in my account with the firm and used to pay the charges for the services I request.

    - If with God's grace my case is approved without requiring attorney's help, is this retainer refundable in full (I have asked attorney this question and waiting for thier reply). Anybody has a similar experience.
    New employer has Fragomen and I heard there is lot of negative air about their procedures on PERM. Current employer legal firm is Baker McKenzie.

    I am kind of reluctant to have Fragomen as my attorney representation




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  • GCBy3000
    07-14 01:57 PM
    I can understand before 2006 and early 2007. What is the lame duck period in between.



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  • jr8rdt
    11-12 05:32 PM
    1) To invoke ac21 do you have to have EAD and ...

    a) I-140 approved and 485 pending 180 days or more OR
    b) I-140 pending and 485 pending 180 days or more


    2)Assuming I-140 is approved and 485 has been pending for more than 180 days, has valid EAD and the person invokes ac21. What about if employer revoke the I-140 (which has been approved)...will it has effect on the GC app? or once I-140 is approved that's it. you are free...

    Thanks




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  • voldemar
    03-20 01:08 PM
    I didnt understand your point: Is revoking an approved I140 is mandotary for the employer when an employee leaves?
    No, not mandatory.
    Per most lawyers it is not mandotory. Yes ofcourse employers "can" revoke but the question is it necessary for their interests and how? Employers will not be bound to employ you after you get green card. AC21 protects employee - not employer.

    Revocation of an approved I140 by USCIS is may be for other reasons like incorrect info when its applied or something like that.I'm not discussing any "other reasons". Only USCIS denial of already approved application because of Ability to Pay when they add up all pending I-485 cases with I-140 pending or approved within one company. In that case if employer withdraw I-140 it could not be added to a pile of pending or approved I-140 - employer is not obliged to pay this employee.



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  • redcard
    08-23 11:21 AM
    People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

    Is there any use in comming here as a student?? anymore..


    Stop crying.. no one forced you to come here to study.. you came by choice like the other people who came here to work on H1... you decided to stay here for working, again no one forced you ... you decided to apply for GC again no one forced you... you decided to join a good company who would not substitute a labor .. again no once forced you... you had options like all the other people who came here on BS or whatever degree.. maybe you made the wrong move when it came to GC and the other people made a smarter move.. so don't cry on that.. if you wish to cry .. cry for the labor substitution rule.. it will help




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  • santb1975
    02-14 08:01 PM
    ^^

    For the same reason, please help yourself to the NORCAL thread;)



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  • abhisam
    01-07 06:31 PM
    Thanks Sanjay02.

    Another follow-up question.. I'm planning to file for EAD, which passport number should I use in this form ?
    If I use new one(which is valid), isn't it in contra with AOS application?

    Has anyone faced this situation ?

    I would like to know the answer to this question too. does anybody know?

    also pkv..how many days did it take you to get the new passport?




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  • xbohdpukc
    03-26 04:24 PM
    Don't listen to those who would tell you that you need 5 years after your degree was awarded. TALK TO A FREAKING LAWYER.



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  • hianupam
    04-26 08:17 AM
    I'll. I am big foodie (from all places)...
    We moved from Allentown, PA to Houston in 2008. As some of the other IVers have alluded, Houston is a BIG city (if you include the burbs that is). Most of the major roads are backed up during peak traffic hours and typical commute time start to be measured in hours.
    Finding a place to live in Houston (read buying a house) can be a tough decision when you have so many choice. Things can be complicated if your spouse works and you have school going kids.

    Some terms you will hear when you talk about location in houston:
    1. Inside the Loop (610) which is the ring road that encircles downtown houston and the medical center. If you are not in the energy corridor, you are most likely to work within the loop. However finding a place to live within the loop can be challenging (that is if you are looking for a house in the sub 1 mil category). Good neighborhoods within the loop are riveroaks, memorial. There are some decent neighborhoods in the medical center montrose area but the schools (publlic schools) may not be to your liking.
    When we moved, we initially rented near the medical center (a highrise called mosaic, opposite herman park) and put our daughter in a daycare called Creme De La Creme in downtown.
    2. Inside the Beltway (8) which is the outer ring road that encircles houston. You have to be really careful if you choose to live in the area between 610 and 8 as there are some very shady areas. West (along I 10) is mostly fine.
    3. Outside the beltway is where you have most of your master planned communites (read burbs). Down south (along 59) you have sugarland. West (along 10) you have Katy (and most of the energy companies). Northwest (along 290) you have Lakewood, Tomball (along 249), spring cypress etc. North (along 45) you have woodlands northeast (along 59 north) you have spring, kingwood and east (again along 45 east) is League City (read NASA).
    The main things to consider are (at least I did when I bought a house)
    1. Safety : There are some very shady parts of town.
    2. School District (ISD)
    3. Commute : Both current and future (if you were to change your place of employment). Say now you work downtown and chose to live in sugarland and a year later you found yourself a Job in the woodlands, you will have to move or deal with a 2 hour 1 way commute !
    4. Availability of public transport: Which in most cases is non existent in Houston. But they do have a good commuter bus system from several places in the burbs if you work downtown. Lots of employers that have offices downtown will subsidize this. This can be a decent chunk of change as parking downtown will typically run you about $200/month.

    These are the salient points that I could think of.

    Let me know if you have more questions. PM me if you guys are visting Houston in the near future.




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  • gcdreamer05
    08-05 05:11 PM
    Guys n Girls,

    I would like to listen to your views or experience in this matter. As we know, the employer is now required to pay for all fees associated with filing a labor certification (first step in the GC application). Is it legit for the employer to engage the employee in a contract that requires the employee to reimburse all immigration related fees (including the labor cert fee) to the employer if the employee quits the company when the GC petition is pending?

    I guess DOL wants the employer to pay for the labor cert fee. Is it ok for the employer to get it back, say a year later, when the employee quits the company, which in sense would mean that the employee ended up paying for the labor cert.

    Comments please.

    Thanks!

    that is totally illegal and if it happens and if someone complains to DOL then the employer will be in "Lake Soup"



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  • kishdam
    03-20 12:39 PM
    And law firm is right, they protect their clients. Search this forum for I-140 revocation by USCIS. I-140 was approved and then revoked by USCIS itself. In that case AC21 does not help, 485 will be denied.

    I didnt understand your point: Is revoking an approved I140 is mandotary for the employer when an employee leaves? Per most lawyers it is not mandotory. Yes ofcourse employers "can" revoke but the question is it necessary for their interests and how?

    Revocation of an approved I140 by USCIS is may be for other reasons like incorrect info when its applied or something like that.




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  • belmontboy
    11-09 06:02 PM
    Dr. Balkrishna Matapurkar, a surgeon at New Delhi's Maulana Azad Medical College, has pioneered a stem cell based technique for the regeneration of tissues and organs. He already holds a patent for this innovative technique. Incidentally, he is of view that embryonic stem cell research is one of the lost sciences of ancient India.

    But please note that I am not trying to propagate that indian culture is best or better etc. I just wanted to share that stem cell related view of mine.

    A couple of the fellow members might be cursing me to have posted this in. I know its nowhere related to immigration, but just a thought share.

    That would be the view of Dr BalKrishna Matapurkar.

    There is no accepted literary evidence to support his views. If so, please point me to that




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  • virens
    12-12 02:36 PM
    No questions asked about visa or 485. Just had to show my passport and AP document :)




    Jaime
    09-07 03:05 AM
    How many more before Congress acts?

    COME WITH US TO WASHINGTON TO TELL CONGRESS THAT WE'VE ALREADY WAITED LONG ENOUGH!!!!
    How many more of us need to leave???? Let's not wait and find out! We love the United States and want to continue to contribute to its growth, world leadership and well-being. Don't let short-sighted politicians prevent you from securing what you have rightfully earned: The Right to contribute to the U.S. in peace and freedom, without abuse, without discrimination, and without the constant threat of being uprooted and kicked out the door like a piece of used old furniture!!!




    glosrfc
    11-26 11:20 AM
    @TheCanadian, glos is a cunning one. :look:

    Unfortunately, that's not the case. If it were, I might've tried to make my buttons look more like...well, buttons. :suppose_maybe:

    But it was fun making them and I've had some ideas for new themes!



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