Friday, June 10, 2011

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  • RDB
    09-26 10:56 AM
    I am not sure if every state allows this but I know this is true for California. There are different reasons for taking this leave. If you had a baby - For a mother, it is 12 weeks, partially paid by the state and for a father it is 6 weeks partially paid by the state.

    If you have worked with your employer for atleast a year, you can also avail FMLA leave for 12 weeks (unpaid) without any issue. All the employers with 50 employess or more are supposed to follow this law.

    http://en.wikipedia.org/wiki/Family_and_Medical_Leave_Act_of_1993




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  • Rockford
    09-06 03:12 PM
    What is your RD and ND ?

    Dear All,

    I just received a FP notice for my wife scheduled for Sep 19, 2007. I have not received mine yet (I am the primary applicant), I have a few questions regarding this. Please help me if you have any information.

    1. Is it normal for the primary applicant to not receive FP notice at the same time as dependent?
    2. Can my wife get it done without me getting an FP notice?
    3. Can I get my FP done on the same day as my wife even though I did not receive my FP notice?
    4. I have filed for I-485, EAD and AP, will we both receive an FP notice for all 3 applications or it is just one FP for all applications?

    Please help us with your expertise. Thank you very much for all your time.

    PD: Aug 2005
    EB3 INDIA
    Nebraska




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  • dish
    03-23 11:23 AM
    http://www.immigration-lawyer-us.com/images/talent-bill.pdf




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  • indianindian2006
    07-28 02:00 PM
    I got the same LUD on AP on 7/27/2008
    EB2 India PD 04/2006.



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  • me_myself
    12-17 07:02 AM
    Did someone face this situation recently? I am really concerned about my case.




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  • goel_ar
    12-02 09:44 AM
    nil.



    WHAT ARE OUR CHANCES IN 2011?



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  • huchinango
    04-01 03:36 PM
    Dear h1bdude1:

    I'm in your exact same situation. Would you mind letting me know what happened with your A# and misplaced EAD with only the copy of the front side? Did you use the old F-1 OPT A# or leave it blank?

    Thanks and hope things worked out!
    -H




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  • lacrossegc
    09-23 11:40 AM
    You can work for a while but it will be considered UNAUTHORISED employment. Accumulation of 6 months of UNAUTHORISED STAY + UNAUTHORISED EMPLOYMENT will make you ineligible for I485. That is a huge risk to take.....

    OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.



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  • HereIComeGC
    04-22 02:14 PM
    This is ONLY EB2- India Priority dates from prior visa bulletins. Just FYI - no guesses no assumptions.

    Jan-05 C
    Feb-05 C
    Mar-05 C
    Apr-05 1-Apr-02
    May-05 C
    Jun-05 C
    Jul-05 C
    Aug-05 C
    Sep-05 C
    Oct-05 1-Nov-99
    Nov-05 1-Nov-99
    Dec-05 1-Jul-00
    Jan-06 1-Jan-01
    Feb-06 1-Aug-01
    Mar-06 1-Jan-02
    Apr-06 1-Jul-02
    May-06 1-Jan-03
    Jun-06 1-Jan-03
    Jul-06 1-Jan-03
    Aug-06 U
    Sep-06 U
    Oct-06 15-Jun-02
    Nov-06 1-Jan-03
    Dec-06 8-Jan-03
    Jan-07 8-Jan-03
    Feb-07 8-Jan-03
    Mar-07 8-Jan-03
    Apr-07 8-Jan-03
    May-07 8-Jan-03
    Jun-07 1-Apr-04
    Jul-07 C
    Aug-07 U
    Sep-07 1-Apr-04
    Oct-07 1-Apr-04
    Nov-07 1-Apr-04
    Dec-07 1-Jan-02
    Jan-08 1-Jan-00
    Feb-08 U
    Mar-08 U
    Apr-08 1-Dec-03




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  • sandeepk_c
    06-11 11:37 PM
    One of the posts said that this was for folks on 6th yr and who have PERM in process (Audit in atlanta/chicago). I do fall into this category but this notice (http://www.uscis.gov/files/article/premiumproc_factsheet_i140_061108.pdf) still confuses/concerns me.

    My H1-B expires in 31 Dec'08. The way I understand this bulletin is that Nov 1st 2008, I can file for PPS. But if I get an answer by Nov 20, wouldn't that mean only 40 days to get my H1 extended for another 3 yrs. Too close and I guess my H1-extension should also be PPS. Considering holidays it would be so close to get things in place but $2000 for USCIS.

    Let me know what you guys think of this.

    Considering that this is the first day of this bulletin, I am sure there will be edits and scenarios that USCIS might have to add to the fact sheet. We should check if one of the attorneys can get on a conference call and give us a better idea.

    Another question? If I apply I-140 after my LC approval (hope that comes soon, its been 7 months now), then can I apply for just PPS on Nov1st.



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  • bhatt
    05-20 12:57 PM
    Hello All,
    My I485 was filed at TSC and received date is July 26,2007 and notice date is sept 19,2007. MY EAD and AP and other finger prints are done after two months of filed. My priority date (Jun10, 2003) is current for last two months and it is going to retogress after this month end.There is no update for I485 for me and my wife. Now processing times for TSC shows they are working on Aug 08, 2007 filers. In this case cane youguys advice me on following things?

    1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?

    2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?

    3.Does Info-pass enquiry cause any negative effects on my I485 processing?

    4. Any other guys in the same boat and what you guys are doing?

    I really appreciate your advice. Thanks in advance for your good work.

    1. If ur attorney is an AILA member, Check ur status through AILA
    2. Call the USCIS customer service and submit an SR request
    3. do an info-pass to check the status.

    Cal the USCIS customer service numer and submit an SR request.




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  • eb3retro
    06-30 05:37 PM
    eb3retro,

    Did u change employers on EAD? or H1b transfer?
    on EAD..


    Also when you renewed EAD & AP:
    1. Did you do it yourself? or did u have your new employer do it?


    2. Did u get any RFE's when you renewed your EAD/AP well after you switched employers. (I assume you changed addresses in this process).



    thx

    1) did it myself..
    2) yep i changed address, no rfes for anything..



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  • vedicman
    10-28 12:53 PM
    Skilled immigration: Green-card blues | The Economist (http://www.economist.com/node/17366155)

    America�s immigration policies have long put a higher priority on family reunification than on employment. Legal immigrants to the country are more likely to have failed to finish high school than either native-born Americans or immigrants to other English-speaking countries. Immigrants to Canada are far more likely to have a college degree.

    what visa are these legal immigrants coming on?


    Still, it would be premature to write off the odds of immigration reform. If Mr Obama is to accomplish anything in the next Congress, he needs to find common ground with Republicans on something. Business-friendly immigration reform might just qualify.

    The real question would be, after winning the elections, will there be a need for the republicans to find common ground with the president? Will they not be emboldened to be stubborn and just say "NO" to everything......... Why not? they (will) got rewarded by taking over the House!




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  • immilaw
    12-14 12:37 PM
    It was easy last year to not pass the bill. We had a Republican President & Congress and Democrats kept on blaming republicans for not doing anything. I think this time the ball will be in the Democrat's court to pass the CIR and send to the President for signature. They won't be able to blame it on republicans.



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  • unseenguy
    01-21 02:42 AM
    Hello Friends,

    Current Situation:
    -I am on my 10th years in USA and started using my EAD 1 year before
    -My Employer A filed my green card labor in March 2005 and got approved (so my PD is 03/2005)
    -I485 pending for more than 2 years (so I am beyond 180 days limit)
    -I140 is approved.
    -I have been working with them (Employer A) till Jan, 2010 (3 years on H1B and 1 year on EAD)

    Now I am getting a good offer with senior role plus pay (30% more) from Employer B and I would like to take it.

    1) If my Employer A continued to process my GC and confirmed that they will support till I get my GC. Do I still need to use the AC21 portability to work for the new Employer B?

    2) Or should be a safer side to use the AC21?

    Thanks for your help on this
    Vel

    Trick question. Are you testing our knowledge of law?
    AC-21 can be used for job in same or similar occupation.

    Also since green card is for future purposes, your employer A can still support you in terms of documentary evidence, but it will be upto the lawyer to convince the USCIS.




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  • vamsi_poondla
    02-06 05:03 PM
    Job duties and same/similar job functions will be deciding factor. If your GC is for Programmer Analyst and if you become manager as Assets Manager, it will be an issue. If you are promoted as IT manager having significant overlap of job functions, you should be fine.

    if you are like my manager, who forgot how to open IDE and always works on some obsolete excel sheets/ project plans/ outlook, you will have trouble...

    Bottomline, dont leave development even if you become manager.



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  • Beddoes
    11-01 07:53 AM
    Without trying to sound too harsh, I think my dog could knock up something more worth going freelance about.

    Well maybe you should give him some constructive critism and help him out?

    Personally I think your ok its just most of ur stuff is from tutorials try to get some projects under your belt then ask people..

    i do like the vapour logo thing thats nice and simple :P




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  • EB3June03
    07-01 02:03 PM
    1. where the RFE mail will be sent, old lawyer, new lawyer or to me?

    My case has only 1 lawyer and the medical RFE we got was sent to the lawyer and to me (applicant) by mail.

    If you filed G28 for changing your lawyer, I would say it will go to the new lawyer and also would come to you.




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  • dontcareanymore
    07-30 03:49 AM
    I read about new guidelines about not leaving USA before applying for reentry permit and biometrics are taken. Please see the note below:

    http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/992527a7be4829e88525748a007ab59f?OpenDocument

    If the link does not work, fo to fragomen's web site , select resources --> US Immigration head lines and the following topic:

    USCIS Clarifies Biometrics Requirement for Reentry Permit Applicants.

    I am sure other immigration firms have similar info.




    Dhundhun
    08-09 12:52 PM
    11. All the files are stacked. IOs are making best effort to pick files from bottom. However stretching full arm (fishing) is not able to reach 2004 cases, instead 2005 or 2006 cases comes in hand.

    12. 2004 cases are supposed to be at bottom. But because of Name Check, Infopass, etc. they are not in their expected locations. So later cases are being picked.




    no_more_anger
    05-07 06:21 PM
    Who asked for a combined AP and EAD?

    What help will it offer really?

    It would have been better to ask for a 5 year EAD. But some person would have posted asking for a combined document?

    What will we really do with a 2 in 1 document????

    Really....you can't see how good that is? I am surprised to the core.

    A single document means simplification in filing....not having to keep track of when
    which document expires. It will obviously come with lower total filing costs. I prefer if
    they just give a single card (like EAD) that has all the details, 485/EAD/AP....so wherever
    you go, you just present that card and you are done.....instead of carrying multiple
    documents.



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