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  • map_boiler
    04-26 05:45 PM
    The company HR or lawyer/paralegal should be able to login to the DOL website and check the case status. Since the case is pending for more than 6 months, you could have your lawyer submit an inquiry through AILA.





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  • mnkaushik
    04-13 03:23 PM
    Last weekend while chit chatting with my Indian neighbor, he told me that some of people he knows of got GC with their PD not being current. He said that his very good friend, who has a PD of 2005 for EB3, just got his GC. I kind of mentioned that may he applied for EB2 and did porting. But he was firm and said no his friend did not do it. He also went on to mention that his friend got a RFE and then once he responded to the RFE, he immediately got GC.

    I know, for now this whole thing from my standpoint is hearsay. But I just would like to know if any of you have come across such cases. Just want to get an understanding of how much of this occurs. I am guessing it is a very small number.





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  • willigetgc?
    09-09 09:21 AM
    Not sure when the movie got released, but last weekend I got to watch "Outsourced" - It was fun !! I would recommend it, a little laughter on this tense topic.





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  • ArkBird
    11-27 12:39 PM
    I think labor substitution is no longer allowed.



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  • raysaikat
    01-20 07:47 PM
    According to federal law, if you've had coverage for 6 months prior to changing your coverage to the new insurance, they can't refuse to cover pre existing conditions. They may try, I just had to fight this out with CIGNA. They lost. However if you let your coverage lapse, you can get hit with this.

    If you are talking about HIPAA, then that generally applies to group plans (offered by your employer), not individual plans that we are talking about in this thread.





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  • piyu7444
    07-23 11:31 AM
    Hi,
    I am planning to renew my AP while in India. What is the procedure to do this?

    My details :
    Applied for H1 transfer - Dec 15,2008 - normal category -still pending
    Ap - valid till Nov 2009
    EAD - valid till Nov 2010.Using AC21 for working with the present employer.

    I came back to India in March, after completing the project.
    My present employer wants me to come to the US only when I have a project in hand.
    Based in India, it is very difficult to find the project. Also, most of the projects need US citizen, GC holder, so very less projects available to the H1-B holders. Due to the recession, working on the contract is again a problem, since companies want the permanent employee, instead of contract employee.
    I understand that presently working on H1 is difficult, since one should have the project in hand before applying for H1. Sometimes, at the port of entry they ask for paystubs for all the period, ask about the end client details etc. Sometimes people were sent back, since they didn't have all the details at the port of entry.

    In this scenario, I am still not sure, if coming back to US will be a good option or not.
    But I may need to come if the AP renewal is not possible from India.

    In present scenario, If AP renewal is not possible from India, I will have to unnecessarily travel to US on existing AP (till Nov 09).I won't be able to come on H1-B, since my H1 application is still pending even after 6 months. How can one do AP renewal while in India?

    Since in the present scenario,I may not get a job(since I don't have GC/citizenship),will it be advisable to come to US just to renew AP?
    My ead is valid till Nov 2010,which means If I enter US before ead expiry,I will be able to work on ead.I have lost all the hope for H1 now,since it is more than 7 months.Of course for ead,is it possible to renew it while in India?
    I don't have much finances now,so travel to US just to renew ap/ead in the hope of getting gc one day,is bit problematic.I am on EB3 labor 2006 , so GC process will take atleast 5 years.
    Even if I reach US for AP renewal, I have to stay there for 2-3 months,till AP gets renewed.
    I am not very confortable with this situation.
    I just want to keep my GC process going by renewing ap and ead.Is there any way out of this?
    I think the rule is , If you don't come to the US while the AP is valid, you abandon the I-485.
    Can you give me some guidence on this?

    You can not get a new AP while you are out of US. You have to be in the US at the time or applying and while it gets processed. Recently I have seen two cases where the AP was issues within 30 days of applying.



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  • WeShallOvercome
    08-05 11:05 AM
    Hello,

    How can I inform the USCIS (I-485 pending) that my lawyer is not representing me any more? Do I need to fill up any form (like G28)?

    I do not want USCIS to send ant document to my ex-lawyer anymore.

    Thanks so much

    EB2-NIW
    PD march 2003
    RD - august 2003
    I-485 pending


    Yes, you need to send another G-28 with a cover letter and a copy of your receipt notice.





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  • chanduv23
    03-04 11:04 AM
    Dear IV Lawyers,
    First of all a big thanks for all the help to the community. There is a new issue cooking up and is happening more frequently these days and the issue is with aceptance of EAD for employment.

    We have been hearing cases where jobs offers are rescinded, because company deicded not to hire EAD holders or the first question a company representative asks is what kind of work authorization do you have? if someone says EAD, then the process never even goes further and doors are shut.

    i - 9 form clearly says that one cannot discriminate against EAD.

    At the most an employer has to verify if it is 180 days past filing 485 and if the job is similar ( which is in 99.99% of cases which is why the candidate applies for the job). After that, all an employer has to provide is a employment verification letter in case of an RFE/NOID/Wrongful denial - which means that employer does not really sponsor the Green card or transfer the process. Employer does not even have to fill out any forms or do any labor market formalities nor has to file any fees.
    A simple employment verification letter is given for a lot of reasons like home mortgage, loans, bank, DMV and veriety of reasons and this is also a reason.

    My question is - how do we tackle the question if work status is EAD or GC because most times it is asked as a casual question before the interview or during the interview or after the interview.

    My hiring manager who was helping me with my RFE EVL (few years back) told me that in future he wont entertain such things and will make sure he does not hire anyone with such issues. I guess thats is what is happening everywhere because of the RFEs or wrongful denials and with the tough job market, it is a good way to filter out people.

    Your suggestions and comments are appreciated.



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  • gc_75
    07-17 07:45 PM
    I think if they did not get the interview already, they will need to wait until the dates become current again. If they have interview scheduled in July, they can go a head and attend the interview and get the GC.

    While today's development is great news for folks in the 485/AOS cue, what happens with people in CP? With the opening of the floodgates, I am unsure when visas will be available to CP cases who were scheduled for interviews in Aug and beyond. I am a great supporter of today's victory, but I am unsure where CP cases stand now? Another 4 year wait?





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  • chanduv23
    03-28 07:42 PM
    Until now, the student community and the OPT community felt that IVs goals were not in sync with them.

    OPT is now being considered to be extended for 29 months. This is a big boost for students who want to pursue their American dream.

    So, if you are a student or an OPT candidate, you are definitely benefitted by this move.

    This is a call for all students/OPT to unite under IV umbrella. Please sign on this thread and pledge your support to IV. Spread the message among your community. Urge everyone to join IV. Start getting active on IV. Most of you are young talented folks from all over the world, and your talent and freshness will keep IV going strong.

    So join IV now and join your State chapters. Spread the message among your friends.



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  • gceb3holder
    02-27 08:51 AM
    Ok! So that brings me to late July... :( still, not bad, but not perfect. Anyway, like someone up there said, it is worth it. :cool:

    What would be the process to switch jobs? Does the new employer need to fill anything with USCIS ? Or I can simply sign a new contract with them ?





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  • Munna Bhai
    07-12 07:51 AM
    Hello,

    Myself and my spouse are on H1b. I am on H1b(industry) and my Spouse H1b is through non-profit.

    Please let us know how best we can be a backup for each other in case of any unavoidable circumstances.

    a)If I get laid-off or fired, can I jump to H4 and then come back to H1b without being subjected to cap?

    b)What are the other backup plans we can have.

    thanks for your time.

    -M



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  • alapkd
    09-01 01:49 AM
    good but sad article, thanks for posting.





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  • Prashant
    08-31 11:40 AM
    This is what I can infer from the poll

    93% of them lack talent
    7% are talented



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  • fall2004us
    09-14 03:58 PM
    looks interesting....





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  • freedom_fighter
    01-14 12:50 PM
    Today me and my wife got our CPO emails. Mine was filed in Eb3 and my wife's was in Eb2. I got my approved though my wife.

    I've been in US for 10 years... now i've two things to do

    1. Wonder was it really worth this wait.
    2. Move to the citizen line.


    thanks IV, for all the support.

    I'll not be going anywhere..My life has been on IV for all these years and now i don't know what to do because I've been addicted to come to IV every hour of my life these past years. I still remember pressing F5 during the july fiasco bulletin.





    :cool:



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  • vjkypally
    11-14 09:16 AM
    bump





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  • GCMan007
    03-13 01:02 PM
    Congratulations !!

    Looks like TSC abandoned online status updates and emails. My case has been assigned to an officer (again) and enroute to I-485 manager as of Feb 3rd 2008 ( senator feedback ). So far no LUD's or emails.. Looks like instead of checking for emails every other minute , I have to wait for regular mail now.. unfortunately I can do that only once per day !! :( ..

    That exactly happened in my case. I was looking at my online status almost everyday. Not even a soft LUD..the regular mail finally arrived last week with approval status..Online staus still not updated





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  • uma001
    05-04 10:01 AM
    Even i got a letter. I dont remember her/his name. I thought everybody will get this letter.
    Let me know if others got it.

    I sent an email letter ( format and content from AILA (guess)) to him/her

    I will let you know the details of the letter later





    IVFOREVER
    03-26 04:42 PM
    EB2 will stay the same as April 08 VB.





    Siboo
    07-30 03:35 PM
    When do you get FP notices?

    Within 4-10 days, after the USCIS sent the FP notice.



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