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cygent
07-02 02:13 AM
Hello IVans,
Does anyone feel the same? any thoughts?

But only because they know everybody will be frustrated with the wait & opt for PP - Another clever manipulation IMHO.
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sledge_hammer
09-26 10:15 AM
How inconsiderate of you; you just hijacked someone elses's thread and to top it all you are spamming it trying to get an answer. Your question is also totally unrelated to this thread topic!

Why don't you search the forum for answers and if none is available then post a new thread...

Can the experts please reply to my question? Thanks,
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new_horizon
12-03 01:27 PM
hope you are not talking about quixtar/amway or reliv business?
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texasguy
06-15 12:43 PM
Thank you all for your suggestions. You all have been really helpful in this difficult times.
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nixone
07-30 09:50 AM
It was an audited PERM?

I looked at your signature timeline and it says "LC denied due to date missing on ad portion." Could you please clarify what happened? My job ads are running right now for PERM LC and not sure what I need to keep from the newspaper ad.

I have taken screenshots of Job Order, Yahoo HotJobs, Professional Organization, University Placement etc. I hope the screenshots showing the ad and all the dates would be good enough.

Did they send you RFE for all the job ads and is that how they found out the date missing? I did not know people get RFE for job ads. Thanks.
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ashkam
10-24 02:41 PM
Thank you. I don't think there's such a thing for I-140 probably because things are not as complex as they are for an I-485. They just check for a valid labor certification wherever necessary, experience letters and the company's ability to pay, that's it.
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sagar_nyc
04-02 05:17 PM
yes , I 140 they will ask details about employer only

Hi Chapsi29,

Do not get panic, there is no hard and fast rule that they will ask for RFE in ur case. Say if they come up with RFE they will ask ur employer to support with financial status as 140 is employer based, some time they approve ur 140 with out any hassle, so best of luck. Keep ur fingures crossed.

RK
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return_to_india
03-06 11:47 AM
http://finance.yahoo.com/news/Worst-is-yet-to-come-for-job-cnnm-14564910.html
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kirupa
01-14 12:51 AM
Cool - added! :)
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H1Girl
08-31 10:56 PM
Hey H1Girl, kriskris did not use the word "ATTRONEY".

ATTORNEY - A professional*person authorized to practice law; conducts lawsuits or gives legal advice
ATTRONEY - Word yet to be invented/discovered in english.


Looks like you don't have any other work except finding typos on other's posts...Anyway, good catch...

Please help the above guy if you can and try not to deviate the post...
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eagerr2i
07-16 11:40 PM
I have a friend holding a "Tourist Visa" and still back home. If an employer files I-140 for him, will that give him a risk of not allowed entry using Tourist Visa at the port of entry because he has an I-140 petition?

If he works for the same company abroad that filed for his i140, it should not be a problem. If he does not work and instead wants to come on a tourist visa, he might have problems.
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Dhundhun
06-25 02:16 AM
Thanks for replying.

For question number 3 can you give more details. What is AVR.
Basically when going to neighbouring countries we give our I94 card and when entering the country(USA) they give a new I94card and stamp and put the date on it.

so is it advisable to go out of country and reenter that way i will have new I94 card with new date on it, My only concern i got my ssn does it mean i lost H4 status as H4 are never given ssn, so in this situation if i go out of country and enter again will they put me questions as i have valid visa, i never applied AP and applied EAD but never used it.

AVR stands for Automatic Visa Revalidation (http://www.wright.edu/ucie/students/travelautorevalidation.html).

AVR is used, when travel is less than 30 days, Visa expired but I94 is valid.

As a result of AVR procedures (even if you don't want to use AVR because you have valid visa), when you go to neighbouring country (such as Canada) and returning, at POE (point of entry) officer asks for I94 and if I94 is valid, you don't get new I94.

Getting SSN does not put you out of H4 status. You need to show intention to work - as one of the examples using I-9 form to notify an employer puts out of H4 status.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD


You have valid Visa.

#1. You go to India and when you come back, you get new I94.

#2. If you go to Canada, after I94 is expired (less than 6 months out of status) you defenetely get new I94.

#3. If you go to Canada, while I94 is valid you may request new I94. For business visitor they refuse new I94. Can someone commet, what happens in case of H1B or H4 Visa?
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Vic
10-11 05:14 PM
Thank you all for the prompt responses here - this does show me some light at the end of the tunnel - hopefully its not a train coming down the tunnel towards me :)

Monkeyman - I had sent you a private message regarding the format of the letter that you had used - would it be possible for you to share that letter with me (if you are comfortable doing so).......since I know that it has worked for you.
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harlyharly
06-25 06:12 PM
Any updates on the RFE? wish you have solved problem. Realy want to hear about it cause I am in the same hot water now.

Friends,

This is my first post.Any inputs would be highly appreciated.

My PD is jun 2005 (EB3) and i submitted my AOS in jul 2007. I got laid
off from my company on March 13 2009.My company lawyer told me that
they wont send anything about my GC application but they will have to
send notification revoking my H1B to USCIS as per the law. I guess
this could have triggered my RFE. I applied for EAD immediately as an
AOS applicant and got it on march 31 2009 ( for 2 years)

I recently got an RFE asking me to re-submit G-325A ,Current
Employment verification letter and proof of employment after march 13
2009 ( this could be my EAD,I-797C for EAD or I-94: further confirms
my suspicion about revoked H1B triggering RFE). Right now I don't
have a job and it doesn't look like i will get any before may 31st
2009 (the deadline for answering the RFE). What are my options?Here is
what I read and thought

Option 1:I have an EVL from my last company dated march 2 2009.Can I
send that ?In my G-325A I would though need to mention the exact dates
with no present employment.Can it lead to automatic denial and make me
illegal? Should this be an option? My assumption here is that the RFE
is just to complete the documentation and that the case will be
adjudicated when my date becomes current.Before that I should be able
to get a job and send the paperwork.

Option 2:I also read on Internet that I can send a future intent of
employment letter/good faith letter from a consultant/company saying that they will hire me in future. Does this or can this work? If so what could the
possible language of that be? This can give me time till my date
becomes current (which should be good enough to find a new job) .

Option 3:I talked to a consultant and he is ready to give me a EVL .
For this he would need to put me on his payroll ( obviously at a big
cost) .He said that i would have to be on his payroll for atleast 3
months( so that he is safe).This way i get EVL.Cost is too much and difficult since my income is current not there .

I really don't know anything beyond this. I would really appreciate
your opinions on the feasibility of these options or any other ones
that might exist. Right now I am lost and dont know what works best
for me.

To maintain my status is filing COS(I-539 ) for B2 (tourist) a good option?

Thanks and really appreciate any input.
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kondur_007
03-23 01:33 PM
Hello gurus,
need little help from you guys. Right now i am on H1b.
I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).

I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???

H1bdude1

I believe that A# is like SSN and one person can have only one number. To the best of my knowledge you should use the same A# on all those applications.

However, I have known people who had more than one A# assigned, but they were then advised to contact USCIS to merge those files. I would think, it would make sense to use the same A#.

Again, it would be of great help if you can clarify this with an attorney, or someone else on this forum who is more knowledgeable than me.

Good Luck.
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ursosweet
02-06 09:35 AM
I have been following this ongoing decision closely. I feel that going on EAD offers no disadvantage when compared with h1b extension (once 140 is approved and 6 months have passed).

just like h1b you can stay on top to get it renewed every year. Unless one is a bachelor and plans to get the spouse on h4, chamging to EAD doesn't cause any harm. I know a lot of friends who have been on EAD for several years now and have not had a single problem. Th only risk is that if the 485 is rejected, then you have no shelter. But that chance is soooooooo little and i think the 485 rejection only occurs if one is considered to have broken a law, commited a felony or has been in any legal problems.

I am on h1 andhave 2 years and am planning to go on EAD- atleast i can save those 2 years and if some thing happens with my 485, i think i can get h1 sponsored. I don't think so its a one way street (h1 to EAD).

good luck.
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Vic
11-19 08:10 AM
Just wanted to update everyone - I did respond to the I-140 RFE with detailed information for the delay in getting the degree - and my 140 was approved without any further questions. I hope that no one else gets into this situation - but if anyone needs help - I will be more than willing to help in what ever way I can.

Now......on to the GC :-)
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Prashant
05-22 11:04 AM
Hello..
I guess the apointment dates are not yet open for nov 06 .. I had the same issue with chennai consulate I was trying to book one in nov 06 .. all these days it said no appointments for nov .. they just opened them (nov dates) up today for chennai consulate .. so I picked one..

Delhi .. I am not sure wat dates are current .. if it shows JUne/July currently u may need have to check every now and then until nov dates open up

I have taken mine and my wifes appointment for the same day.. In the process of your application on VFS it asks wether u want to add another passport .. u need to provide the second HDFC recipt #

You have to have ur petition no.. (SRC #) ..
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sobers
02-10 10:55 AM
It is important because this article distinguishes "skilled" immigration versus "unskilled" immigration. This country needs more of the former as enounced several times by leaders of industry, academia and politics, but the latter issue is somewhat controversional because of its largely "illegal" nature in the U.S.

Regardless, this goes to show policy makers here need to be 'smart' and enourage 'smart' people to contribute to this country, as the Europeans are starting to do now...


EU's New Tack on Immigration

Leaders Talk Up 'Brain Circulation' To Cure Shrinking Work Force
By JOHN W. MILLER
February 10, 2006; Page A8

BRUSSELS -- Faced with a shrinking work force, Europe's leaders are looking for ways to attract talented foreigners, even as some countries on the Continent close their borders to other immigrants willing to work for lower wages.

Plans touted by Justice and Home Affairs Commissioner Franco Frattini, the man charged with developing common immigration policies for the European Union, range from a new EU-wide "green card" that would allow skilled workers already in the 25-nation bloc to change countries without extra paperwork, to special temporary permits for seasonal workers.


"The U.S. and Australia have stricter rules, but they get the right people to immigrate, and once they're in, they integrate them, and give them benefits, education and citizenship" much faster than in the EU, Mr. Frattini said in an interview. Europe's work force is expected to shrink by 20 million people between now and 2030, according to the European Commission, and businesses complain regularly about a shortage of highly skilled personnel, even as unemployment rates in many EU countries remain high.

In Mr. Frattini's vision, a North African engineer could go to work in Europe, earn good money and return regularly to his hometown to start and maintain a business. Immigration policy in Europe is still up to individual countries. To sell the idea, Mr. Frattini uses the term "brain circulation" to counter accusations of a "brain drain" -- a phrase often used to criticize rich countries for sucking the talent and stalling the development of poor regions.

The challenge for Mr. Frattini is that in the face of pressure from unions and politicians worried about losing jobs to lower-wage newcomers, most EU national governments are jittery about welcoming more immigrants. Only three of the 15 Western European EU nations, for example, have opened their labor markets to the bloc's eight new Eastern European states.

While some countries are likely to resist opening their labor markets until forced to do in 2011, attitudes might be changing. Last weekend French Interior Minister Nicolas Sarkozy echoed many of Mr. Frattini's ideas and proposed special immigration permits for skilled workers.

Plans to attract more immigrants are also a tough sell in developing countries that would lose their graduates and scientists. Mr. Frattini argues that successful migrants benefit their home economies when they work in Europe, because money they send home is an important part of many poor nations' gross domestic products.

In concrete terms, Mr. Frattini says the EU would promote brain circulation by including non-EU citizens in job databases and funding language and job-training courses in immigrants' home countries. Mr. Frattini also wants to develop work visas that will allow immigrants to return to start businesses in their home countries, without losing the right to work in Europe.

Some economists are skeptical. It is often difficult for immigrants to return home, and if economic conditions were good enough to merit investment, they probably wouldn't have left in the first place. "People left for a reason," says Jean-Pierre Garson, an economist at the Organization for Economic Cooperation and Development.

The International Monetary Fund says immigrants dispatched $126 billion to their home countries in 2004 -- up from $72.3 billion in 2001 -- but there aren't any official figures on how much immigrants invest in businesses in their native countries.

So, would brain circulation work? Some immigrants say they agree in theory that investing accomplishes more than cash remittances. Anecdotal evidence suggests investments that pay off require patience, hands-on involvement, start-up capital and participation by local residents.


"Building is better," says Eric Chinje, a World Bank official living in Virginia who until recently had returned every two years to his hometown of Santa, Cameroon, with bags stuffed with dollars. "I'd take $5,000 and distribute among 100 to 200 people," he says. Three years ago, the 50-year-old Mr. Chinje set up a microcredit bank with the condition that villagers buy shares in the bank. Hundreds did, by getting money from relatives overseas, he says.

The bank started in April 2004 with a capital base of $50,000. So far, it has lent money to a cooperative to fund a storage facility and a truck to carry fruits and vegetables to city markets.

For an investment to really take off and make the kind of impact sought by Mr. Frattini, immigrant entrepreneurs say they need capital and connections.

Kemal Sahin came to Germany in 1973 from a small mountain village in central Turkey. He started the company he now runs, Sahinler Group, one of Europe's biggest textile companies. Mr. Sahin employs 11,000 people, including 9,000 at plants in Turkey, where he started moving production in 1984 to take advantage of skilled, inexpensive labor. His knowledge of Turkish, local customs and regulations allowed him to set up an efficient operation, he says. "I was familiar with how things work in Turkey, and it was easier for me than for my German colleagues to invest there."

--Andrea Thomas in Berlin contributed to this article.

Write to John W. Miller at john.miller@dowjones.com1
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purplehazea
05-31 12:45 PM
I have interview for AOS employment based on June 20th, 2006. The letter simply says get passport and I94. However i am planning to take all documents with me.

Here are my case details:

- Labor was filed in 2001 Nov in MI
- 140 approved in Oct 2003
- 485 filed in Jan 2004
- changed employer in 2004 Nov on EAD
- RFE for employment letter in Mar 2004
- Case transfered to local office (Newark), May 2005
- 3 EAD renewals, 3 AP renewals
- 25 % more salary than old job. Title in old job was programmer/analyst.
- New job when joined was Systems Analyst.
- For RFE response, supplied a good letter with same job description.
- The current JOb is NJ with a well known insurance company.
- Recently i got promoted to Information systems Consultant

Now my Qs are
- What can i expect during the interview?
- Anyone with similar experience, can you share ur experience?
- Change in titles, more salary, labor being from a different state etc are
making me very nervous
- Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?

Most of the time they will just verify some of your application details verbally. The fact that this is an AOS interview should give you positive hope instead of negative feelings. In my experience they will never schedule an appointment if they have queries or doubts about your status, bro.
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TO BE OR NO TO BE
10-21 04:19 PM
I am thinking of switching the company and look for new job. I am not sure how this will work when I am on EAD and not expecting my GC to come soon as my priority date (EB3) is March 2005.
Possibly the new job will not be 100% aligned with the job desc that was put during the LC.

Do any one can help me guide what are my options?

I am not a Lawyer, just advising based on my knowledge / experience:

You can certainly change job (Since you have EAD, I am assuming here that you have approved I-140 and filed for I-485 for more than 180 days). AC-21 (its a law) allows you to port your job when you have approved I-140 and I-485 is filed for more than 180 days.

The job has to be "same or similar" need not be same. The word "same or similar" is not defined in the law, but you can use O*Net classification. The O*Net classification is the code under which your labor petition was filed. Then use O*net website to see the proposed job you are looking at is similar to the O*Net classification your labor was filed for. Its little bit confusing how to use O*Net but if you Google AC-21 you will find enough literature / articles posted by lawyers. Better yet, one of the IV member have wrote whole blog on that (you would have to find that, as I don't remember).

The new job don't need to be restricted within geographic area where your original labor was filed for (you can work anywhere in the USA).

The new employer is not required to prove ability to pay.

There is no upword salary restriction, but if the pay difference is significant then USCIS may take a look at it in detail just to verify that the new job falls within "same or similar" category.

You will have to find a good lawyer (you can do yourself as well) to write AC-21 letter to USCIS. I have seen people suggesting that you don't have to do that, USCIS may never get that into your file. If they you don't send AC-21 letter or it never gets to your file, they will send you RFE to prove that you still have "same or similar" job offer. They may also send you NOID or deny your case, but you can file motion to reopen (obviously using a qualified attorney) and they will most probably approve your case.

And finally, your existing employer can't revoke your approved I-140 (if its over 180 days).

Hopefully this is helpful!
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