Wednesday, June 8, 2011

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  • rbalaji5
    02-20 07:29 PM
    Just an FYI, I applied my wife's I-485 with the Birth Certificate issued by Indian Embassy in Houston, TX....I went there personally and got it issued the same day...They issue it based on the DOB in your passport...Then later I got her BC done from the local municipality along with affidavits from her parents...I sent them to my attorney and he said he will only send them to USCIS if they send a RFE asking for the same.....He said its of no use to mail them without an RFE as they will lose them.....My PD is EB-3 India Nov 2003, and I haven't received any RFE so far regarding her BC...

    Is there any LUD for the filed I-485..If there is a LUD and no RFE, then I am surely go and get one from Indian embassy.





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  • Rinsha
    04-03 07:56 PM
    Why is it still unaccessible? Are you guys experiencing the same?
    http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html





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  • sanju_dba
    07-17 11:25 AM
    You are in same situation as me as long your job duties for the new position are 50% different from old position you should be ok

    Thats awesome! so , whats the procedure ivolved?

    UPDATE : here is the reply from my attorney
    "You cannot just move your catagory from EB-3 to EB-2 by your compay's promotion. You will have to go
    through the whole process again. Also, the experience you gained from the same employer who sponsor your
    green card normally cannot be used (counted). "

    I guess I have to continue "RamBhajan" in the same EB3 for another infinity years!





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  • sweet23guyin
    05-05 01:59 PM
    Sent you a private message...

    I'm currently on h1b, with PERM approved and I-140 filing in progress.

    At what stage of the green card process can I write iPhone Apps for the Apple App Store and accept payments for them?

    I know I'm allowed to own a company but not take a salary on h1b. So would it be possible to incorporate a company and then let the money accumulate in company accounts until I get to the stage when I can accept payments? Can the company pay for development resources such as equipment and accessories needed for developing the Apps even if I don't take a salary?



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  • sandy_anand
    03-08 02:23 PM
    Congratulations! Please continue to donate to IV.





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  • vedicman
    05-06 11:24 AM
    Bring it on PA, UT, TX (although backing away)
    The more the merrier! This certainly will bring the debates nationally all the time.
    More # of states want to pile on, Fed has to step in - with a ferocious appetite :D



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  • garybanz
    01-11 11:53 AM
    How long is your I-485 pending? Ever thought about suing the USCIS? This is still the country of law.


    Rajiv Khanna has gone on record about suing USCIS, he says majority of cases don't even get a hearing. Govt uses some kind of a law originally created for handling terror suspects against most of the cases against USCIS. How ever he says California is an exception





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  • harivenkat
    05-05 02:23 PM
    You can own the company while being on H1b, You will need to partner with a CPA and get immigration attorney involved.

    Check this :

    MurthyDotCom : Start-Up Companies (http://www.murthy.com/startup.html)
    I am on H1B, Can i register company and employ an american citizen as the CEO and run a resturant... - Topic Powered by Infopop (http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=5374040662&m=1761062081)



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  • xiaomatu
    06-05 05:06 PM
    Thanks for the reply. But like I mentioned, this case was approved on 5/8/2008 and the approval notice was sent on 5/8/2008 and received on 5/14/2008. Between 5/8/2008 and 5/22/2008 the status was "approved, approval notice sent".

    Afterwards since 5/22/2008 the online status became "new documents sent on 5/22/2008, you should receive it within 30 days". I do not think this "new document" is the approval notice coz I even received it before they sent. Just curious what could this "New document" be. Would it change the status of my I-140 (like revoke or withdraw or RFE)?





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  • Jamin
    07-17 05:01 PM
    H U R R A Y!!!!

    All you guys can file.... Our voice is heard! Hail you members....Hail IV..

    Those of you who haven't filed yet, FILE IT IMMDTLY!!!



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  • vedicman
    05-06 11:24 AM
    Bring it on PA, UT, TX (although backing away)
    The more the merrier! This certainly will bring the debates nationally all the time.
    More # of states want to pile on, Fed has to step in - with a ferocious appetite :D





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  • kondur_007
    08-16 06:29 PM
    Hello everyone -

    I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:

    1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?

    2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.

    Original title - Transportation Analyst/Engineer with 55K as salary

    New Title - Director of Transportation Systems and Services Engineering with 135K as salary

    Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.


    Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.

    best,


    I am not a lawyer, but to the best of my knowledge I can answer as follows:

    1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.

    2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.

    Good Luck.



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  • newh1user
    01-29 06:03 PM
    Hi
    I have little different problem here, I got my approval in 7 cal days so which is good and now I have start working with new employer so all good..

    Now new employer wants me travel to Europe for some official work for 1 week and since my passport stamp is on my old employer and approval notice is new employer so do you guys think it would be an issue?

    please let me know what all document etc I should carry during re entry?
    appreicated your help.

    thanks





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  • jliechty
    February 14th, 2005, 12:20 PM
    I just bought a new D70 and was interested in getting some advise from current owners about additional lenses and accessories.

    Was looking at buying a SB-800 flash. Is this the best option?
    The SB-800 is excellent, but a bit expensive. Worthwhile if you can afford it.
    How about additional lenses? I have an 18-70mm AF that came with the camera.

    I am looking for other nikkor lenses that are very handy to have, meaning won't sit in the bag most of the time.

    Any other advice or help would be much appreciated.

    Thanks,
    Shawn
    What kind of photographs do you plan to take? Lenses for bird photography are going to be different than what's needed for macro, which will be different from what's needed for architecture or landscape.



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  • vicks_don
    12-11 02:21 PM
    You are still on H1 status. Why do you want to apply for AP. Get your H1 stamped when you leave the country and you can get in on H1 status.





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  • India_USA
    09-20 09:24 AM
    http://immigrationvoice.org/forum/showthread.php?goto=newpost&t=1600298

    send your questions to the above thread



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  • kaisersose
    01-02 02:03 PM
    All set..I will changing job after 180 days from Next week, I will change my immigration lawyer from my employers
    Ist Question
    I am thinking of Murthyas as lawyer. Her fee of taking over pending $ 2100, Can anybody suggest any other lawyer and there Fee's etc and all.
    I will really appreciate the help.

    IInd Question:

    For Filing AC21 , do I need letter from the my future employer that job profile matches. My Job Title Matches my Labor Certification Title It was Software Enggineer Now it is Senior Software Engineering, But As I am in IT my old labor certification says about some old Oracle Technology but new job is J2EE and Also my Labor Certification talks about Financial Business Area but New Job is HealthCare Sector.Common thing are Both Says Design and Development of Software application.. Is it OK ?

    You do not have to inform USCIS about your move. If you want to inform them anyway, then do it yourself unless there are complications in your case and save yourself some money. It is just a letter and it can be in any format you want.

    As for the Job match - the titles do not have to match, the technologies do not have to match; but your roles and responsbilities should be similar. The closer the match, the safer because though USCIS may be lienient today in their interpretation of "same or similar", it is subject to change anytime.

    There is the strong possiblity that some people will move on to manager roles from technical roles and yet try to claim AC21 which can push USCIS to tighten the screws. It is better to be catious than regret later.





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  • GetGC08
    05-11 09:14 AM
    You were out of status in those 5 months. It does not matter at LC and I-140 stages only at I-485. However upto 180 days of out of status is forgiven when you file your 485, so you should be ok. THis is IN CASE you get an RFE for this. There is a good chance USCIS might even overlook this. Also if you left the US and returned any time after tha tou tof status, your slate is wiped clean (they are only supposed to check your status since your last entry into the US). So either way you should be ok... dont worry about it.

    Hi,

    Thanks a lot for your reply. I really appreciate it.

    Well as you said if I went to India after those 5 months(when I was on bench) than that period of 5 months when I was on bench will be wiped out(it will be gone,clean). It means that USCIS will check my status after my last entry in to US!!
    OR they may check everything when ever I was in US including when I was on bench(including my first entry into US to till date i.e. From Feb 2005 - Till date)????

    I went to India in Nov 2006 & came back, so in that case my old records would be clean. B'cos I was on bench for 5 months in 2005.

    Correct me if I am wrong on this.

    Also as you said this will come in case of I-485 & USCIS might overlook this & may send RFE!! Any idea how to respond that kind of RFE??

    I will really appreciate your response.

    Thanks.





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  • sanju
    03-28 02:00 PM
    Durbin (father of Dream Act) hates us. He loves to grand stand for "children of undocumented" "the down torn, the poor, the under privileged" and thinks we are like spoilt rich kid. This is a good thought, but who will bell the cat? Durbin is totally irrational when it comes to children of legal and undocumented. Not sure that you know this, but just thought of laying the facts as they are.

    .





    sertasheep
    03-31 01:15 AM
    Excellent newspiece, there. Here's hoping you're able to sort out your situation, Anand. By the way, salaries in India are now nearly 1/3rd of that in the US(in the bigger companies, of course)





    pappu
    11-30 01:34 PM
    eb3India, thanks for joining the chapter thread. Unfortunately others have not signed up yet. I will be in Indianapolis next weekend and if we have some more chapter members and you all want to organize a small meeting , I can join you.



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