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onemorecame
06-25 04:18 PM
They will process applications based on receipt date. But approval will happen only if your PD is current. That means if
CASE A with PD 2003
CASE B with PD 2005
CASE C with PD 2007
Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
then CASE A will be approved because A process is complete and PD is current
CASE B will be pending waiting to clear name check though the PD is current
Once name check done and PD is current this will approve.
CASE C will not be approved though processing is complete PD is not current
once PD become current CASE C will approve.
This is just example to explain how it works.
Thanks samrat_bhargava_vihari
for this nice example to clear the things
CASE A with PD 2003
CASE B with PD 2005
CASE C with PD 2007
Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
then CASE A will be approved because A process is complete and PD is current
CASE B will be pending waiting to clear name check though the PD is current
Once name check done and PD is current this will approve.
CASE C will not be approved though processing is complete PD is not current
once PD become current CASE C will approve.
This is just example to explain how it works.
Thanks samrat_bhargava_vihari
for this nice example to clear the things
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mbartosik
05-30 01:25 PM
I don't know if you can upgrade to premium processing, and I don't know if you are allowed to pay for premium rather than employer. But in your position I would try to do I140 premium processing.
snhn
04-21 12:10 PM
Hello all,
it used to be that I would look forwared to the dat DOS cam out with their bulletin, hoping that one day i will be current. that day came last month when i became current. Happiness lasted for a few days, only to realize that those dates means nothing unless your processing center is current as well.
I am from Texas, so the dreadfull TSC is the center processing my application. Last date is march 15, and i am assuming they dont follow the same pattern as DOS, that is to say updating their bulletins every month on a specific date. I am also assumin that their date usually move in increments of days rather then monts, like DOS is doing now days. My PD is August 2005. That leave me 4 months or so before anyone starts to work on my case. I have seen a couple of have been called for interveiws with PD around same time as mine. I dont see any changes on my RD message either. It still sayd, we recevied blaha blah... Generic message letting me know they have gotten my case.
What do you all think when the date usually change. Since I am current, my day to look foward is not on DOS websiter, but USCIS website, hoping that they get to processing Auguts dates soon. I am afraid that DOS might retrogress again, and my current PD will beceome thing of the past.
it used to be that I would look forwared to the dat DOS cam out with their bulletin, hoping that one day i will be current. that day came last month when i became current. Happiness lasted for a few days, only to realize that those dates means nothing unless your processing center is current as well.
I am from Texas, so the dreadfull TSC is the center processing my application. Last date is march 15, and i am assuming they dont follow the same pattern as DOS, that is to say updating their bulletins every month on a specific date. I am also assumin that their date usually move in increments of days rather then monts, like DOS is doing now days. My PD is August 2005. That leave me 4 months or so before anyone starts to work on my case. I have seen a couple of have been called for interveiws with PD around same time as mine. I dont see any changes on my RD message either. It still sayd, we recevied blaha blah... Generic message letting me know they have gotten my case.
What do you all think when the date usually change. Since I am current, my day to look foward is not on DOS websiter, but USCIS website, hoping that they get to processing Auguts dates soon. I am afraid that DOS might retrogress again, and my current PD will beceome thing of the past.
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dallasmbs
07-14 11:03 PM
From Dallas , will join
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tikka
06-22 09:40 AM
http://immigrationvoice.org/forum/showthread.php?t=5470
We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.
If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.
We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.
We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.
At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.
Thanks
We are running a small funding drive as a gesture of support IV for answering each other's questions in times of need.
If your question is answered by a fellow member, do make a point to contribute some amount. It will help continue this effort.
We understand everyone is busy with I485 filing and have put everything on hold. But we have not put our efforts on hold in the interest of this communty and this cause. Core is working on this issue despite being busy on their own I485 filing.
We are also working with our lobbyists on CIR and as soon as there is an action item we will post it on the forum for all to participate.
At this time, do take out a couple of minutes off your busy schedule with I485 filing and contribute towards Immigrationvoice.
Thanks
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brick2006
04-21 11:44 AM
I am currently on my 9th year h1..my 140 is approved..and i am not a june 2007 filer..H1 valid till may 2010
My spouse is on H1..can i switch over H4..
> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..
so here is my dilemma::confused:
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
My spouse is on H1..can i switch over H4..
> My company had not "officially" laid me off.. i am on an extended LOP.. and since there is no time limit of LOP on H1.. i am sure i cannot be on LOP for ever..;-)..its been 2 weeks..and i dont want to become illegal now..
so here is my dilemma::confused:
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
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arbhaat
10-08 08:06 PM
I think this was my lawyer's contention too when she described to me about being in EAD as well as H-4. As long as my husband is in H-1, I would be in H-4 contrary to most discussions that take place here. I think USCIS, has no clear explanation for this situation!!
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Advance parole is similar to this, you have H1 but you become parolee. I don't understand. Any other comments from other applicants?
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
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avi101
05-19 04:30 PM
A few more questions:
1. While the I-140 is pending, can I get a different lawyer to file the I-485?
2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?
3. Can my employer withdraw the I-140 AFTER it's been approved?
Please advise me.
1. Yes you can.. but how is it going to help? you still need your employer's support letter and I140 receipt notice. Read all the posts carefully.
2. No problem. But why? Your employer is your 1st problem, lawyer 2nd. Lawyer is going to listen to your employer for labor and I140. They have to legally. you need to get the employment letter and I140 notice. Law firms and employer are not legally obligated to provide you I140 related information as its employer who is petitioning for you.
3. Yes.
1. While the I-140 is pending, can I get a different lawyer to file the I-485?
2. If I wait until the I-140 is approved and then get a different lawyer to process my I-485 (or do it myself), will this be a problem?
3. Can my employer withdraw the I-140 AFTER it's been approved?
Please advise me.
1. Yes you can.. but how is it going to help? you still need your employer's support letter and I140 receipt notice. Read all the posts carefully.
2. No problem. But why? Your employer is your 1st problem, lawyer 2nd. Lawyer is going to listen to your employer for labor and I140. They have to legally. you need to get the employment letter and I140 notice. Law firms and employer are not legally obligated to provide you I140 related information as its employer who is petitioning for you.
3. Yes.
more...
logiclife
01-01 11:03 PM
I have been looking at a lot of posts on this Rajiv Khanna�s immigrationportal and there seems to be a lot of confusion about who is legit and really interested in our cause and who is faking it to collect money and run with it.
I agree that its hard to trust someone you�ve never met and get involved in discussing strategy, participate etc let alone cut a check of $50.
LET ME BE CLEAR ABOUT SOMETHING HERE:
I have no vested interested in diverting people from any website to any website and re-divert people from one organization to another. If you know someone who works for you and you trust � fine. Go with it.
I personally am really really mad at the retrogression going on in EB GC. I applied for my Labor in Sept 2004. Got it approved in June 2005. I have been sitting on my hands since. I-140 is in process. With the speed things are going now, I will have GC no sooner than 6 years.
AND I AM JUST MAD THAT AFTER ALL THESE YEARS�I CAN�T EVEN APPLY FOR I-485.
Then I came across this website on the morning of 31st DEC and then looked at immigrationvoice.org. Talked to a couple of people on the phone from immigrationvoice.org. I am going to post tomorrow�s agenda of conference call RIGHT HERE.
If you want to participate in this call, either to suggest ideas or to check out if we are legit or not, just register on immigrationvoice.org (ITS FREE) and send an email with your phone numbers (its free) so that we can verify that you are legit and not a heckler who is going to disrupt the conference call.
If you still are not convinced and trust someone else, go with it.
Another thing�immigrationvoice.org is only 4 days old. Bear with us if we are not perfect. But we will surely be fully functional with all the bells and whistles before you know it.
AGENDA for tomorrow�s conference call:
A) GENERATE PUBLICITY ABOUT IMMIGRATIONVOICE.ORG.
Spread the word that this website is going to consolidate all efforts to have provisions to eliminate retrogression. Convince people that immigrationvoice.org is legit and operated by people WHO DON�T HAVE GC/CITIZENSHIP and are waiting in line for GC.
B) GATHER FACTS FROM BOOKS, AUTHENTIC SOURCES.
There are at least 3 books out there that deal with exodus of talent from this country either due to cultural reasons or due to hostile immigration policy. These books claim that there is competition for talent out there (�Talent� being people like H1Bs, researchers, engineers etc) between US and other countries and USA IS LOSING. Check out �Flight Capital� by David Heenan and �The flight of the creative class� by Richard Florida.
We want those facts to convince congress that eliminating retrogression is not only in an immigrant�s interest, BUT IN THE INTEREST OF AN AVERAGE AMERICAN EMPLOYER. We are not looking for a frigging charity or a handout. We are not saying �O dear congress, give us a green card and we shall be eternally thankful to thy congress�. That is a wrong strategy and an unnecessary one.We are legal immigrants. We are not looking for amnesty. Just a fair deal for people who stand in line for GC and play by the rules, pay their taxes, protect their status and obey the rule of the law.
We are looking to consolidate an already existing symbiotic relationship. A win-win situation.
C) INFLUENCE CONGRESS.
By this time, anyone who is not living under a rock knows that there is a comprehensive immigration bill coming up before congress. The bill will be introduced, debated and most likely passed. The question is whether or not the retrogression relief measures are included or thrown out.
We need to plan a strategy to
1) Convince congress with FACTS and NUMBERS how the current H1B program has given an edge to US employers and contributed to the society in general and how it is in America�s interest to put this symbiotic relationship on a solid ground by speeding up Employment based green card.
2) To work with congress, devise a strategy to meet them in person, as many as possible. Create an A-list of senators and congressmen who have the most say in committees and sub-committee hearings. We would work to communicate and convince these men first and then have a message machine to send a blanket message to ALL.
If you are still not convinced and go with someone else or go with do-nothing-and-hope-for-best strategy, then go ahead.
OTHERWISE register and participate. And you wont lose a dime by doing that.
I agree that its hard to trust someone you�ve never met and get involved in discussing strategy, participate etc let alone cut a check of $50.
LET ME BE CLEAR ABOUT SOMETHING HERE:
I have no vested interested in diverting people from any website to any website and re-divert people from one organization to another. If you know someone who works for you and you trust � fine. Go with it.
I personally am really really mad at the retrogression going on in EB GC. I applied for my Labor in Sept 2004. Got it approved in June 2005. I have been sitting on my hands since. I-140 is in process. With the speed things are going now, I will have GC no sooner than 6 years.
AND I AM JUST MAD THAT AFTER ALL THESE YEARS�I CAN�T EVEN APPLY FOR I-485.
Then I came across this website on the morning of 31st DEC and then looked at immigrationvoice.org. Talked to a couple of people on the phone from immigrationvoice.org. I am going to post tomorrow�s agenda of conference call RIGHT HERE.
If you want to participate in this call, either to suggest ideas or to check out if we are legit or not, just register on immigrationvoice.org (ITS FREE) and send an email with your phone numbers (its free) so that we can verify that you are legit and not a heckler who is going to disrupt the conference call.
If you still are not convinced and trust someone else, go with it.
Another thing�immigrationvoice.org is only 4 days old. Bear with us if we are not perfect. But we will surely be fully functional with all the bells and whistles before you know it.
AGENDA for tomorrow�s conference call:
A) GENERATE PUBLICITY ABOUT IMMIGRATIONVOICE.ORG.
Spread the word that this website is going to consolidate all efforts to have provisions to eliminate retrogression. Convince people that immigrationvoice.org is legit and operated by people WHO DON�T HAVE GC/CITIZENSHIP and are waiting in line for GC.
B) GATHER FACTS FROM BOOKS, AUTHENTIC SOURCES.
There are at least 3 books out there that deal with exodus of talent from this country either due to cultural reasons or due to hostile immigration policy. These books claim that there is competition for talent out there (�Talent� being people like H1Bs, researchers, engineers etc) between US and other countries and USA IS LOSING. Check out �Flight Capital� by David Heenan and �The flight of the creative class� by Richard Florida.
We want those facts to convince congress that eliminating retrogression is not only in an immigrant�s interest, BUT IN THE INTEREST OF AN AVERAGE AMERICAN EMPLOYER. We are not looking for a frigging charity or a handout. We are not saying �O dear congress, give us a green card and we shall be eternally thankful to thy congress�. That is a wrong strategy and an unnecessary one.We are legal immigrants. We are not looking for amnesty. Just a fair deal for people who stand in line for GC and play by the rules, pay their taxes, protect their status and obey the rule of the law.
We are looking to consolidate an already existing symbiotic relationship. A win-win situation.
C) INFLUENCE CONGRESS.
By this time, anyone who is not living under a rock knows that there is a comprehensive immigration bill coming up before congress. The bill will be introduced, debated and most likely passed. The question is whether or not the retrogression relief measures are included or thrown out.
We need to plan a strategy to
1) Convince congress with FACTS and NUMBERS how the current H1B program has given an edge to US employers and contributed to the society in general and how it is in America�s interest to put this symbiotic relationship on a solid ground by speeding up Employment based green card.
2) To work with congress, devise a strategy to meet them in person, as many as possible. Create an A-list of senators and congressmen who have the most say in committees and sub-committee hearings. We would work to communicate and convince these men first and then have a message machine to send a blanket message to ALL.
If you are still not convinced and go with someone else or go with do-nothing-and-hope-for-best strategy, then go ahead.
OTHERWISE register and participate. And you wont lose a dime by doing that.
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Steven-T
March 15th, 2004, 08:54 AM
Obviously we all love cameras, how many of you have or are considering getting a camera phone?
No, I am using a company cheap phone . . . No intension to buy my own phone. But a lot of my friends and relatives got one. This is just like the PDA. It's the fashion.
When I was in Philips Island watching pengiums in nature, no cameras are allowed. But the guy next to me are using a cell phone pretending talking to his friend, and snapping pictures . . .
Steven
No, I am using a company cheap phone . . . No intension to buy my own phone. But a lot of my friends and relatives got one. This is just like the PDA. It's the fashion.
When I was in Philips Island watching pengiums in nature, no cameras are allowed. But the guy next to me are using a cell phone pretending talking to his friend, and snapping pictures . . .
Steven
more...
diwa209
07-21 03:02 PM
Gcfever007,
thanks for the post.. on your point below -
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?
My guess(Only a guess!, as you can tell from my no. of posts) is that if the primary applicants priority date is not current, the spouse will not be allowed to apply for I-485 and hence will become "out of status" as soon as the I-485 is approved. Good, if the dates become current(and you do apply for spouses I-485) within 180 days as we are protected under 245(K). Otherwise only option is for spouse to leave. I am not sure what happens after that.
My assumption is based on the fact that if INS does not allow for spouses I-485 to be filed as soon as she enters the country on H4 anyway, why would they allow her to apply after approval.
If this is correct then its a 'gotcha'.
Questions:
1) Should the spouse go to the home country and file a 'Follow to join' ?(on basis of marriage before approval)
2) Can a spouse file a 'Follow to join' before leaving the home country to join primary applicant in H4, anyway (even though I-485 is not approved at that time). Just to be one step ahead, and anticipating this situation?
3) Are there any other options?
Can a senior member please clarify?
thanks for the post.. on your point below -
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
doesnt my PD have to be current for me to apply for her 485? What if the PD is not current at the time after my approval?! I will not be able to apply for her 485?
My guess(Only a guess!, as you can tell from my no. of posts) is that if the primary applicants priority date is not current, the spouse will not be allowed to apply for I-485 and hence will become "out of status" as soon as the I-485 is approved. Good, if the dates become current(and you do apply for spouses I-485) within 180 days as we are protected under 245(K). Otherwise only option is for spouse to leave. I am not sure what happens after that.
My assumption is based on the fact that if INS does not allow for spouses I-485 to be filed as soon as she enters the country on H4 anyway, why would they allow her to apply after approval.
If this is correct then its a 'gotcha'.
Questions:
1) Should the spouse go to the home country and file a 'Follow to join' ?(on basis of marriage before approval)
2) Can a spouse file a 'Follow to join' before leaving the home country to join primary applicant in H4, anyway (even though I-485 is not approved at that time). Just to be one step ahead, and anticipating this situation?
3) Are there any other options?
Can a senior member please clarify?
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smuggymba
09-22 07:35 PM
Oh My God. These three won't stop, would they.
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nshalady
06-15 12:11 AM
You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
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chanduv23
03-14 02:43 PM
Not much idea about Australia but you don't want to go Down Under. It's very racist and discriminatory in every aspect. Besides, the accent.... OMG... simply unbearable :mad:
You can get some info from a forum for British expats in oz:
http://britishexpats.com/forum/forumdisplay.php?f=32
All in all Oz is a bigger hell. The only thing good there is the 3 Bs - Beer, Beaches and the Babes. But you better stay away from them because they are not very approachable for the people of color.
I work with a lot of people from OZ, they tell me it is not as bad as it sounds, but then, if we enter their space, the treatment would be different I guess.
Thanks for all the info.
You can get some info from a forum for British expats in oz:
http://britishexpats.com/forum/forumdisplay.php?f=32
All in all Oz is a bigger hell. The only thing good there is the 3 Bs - Beer, Beaches and the Babes. But you better stay away from them because they are not very approachable for the people of color.
I work with a lot of people from OZ, they tell me it is not as bad as it sounds, but then, if we enter their space, the treatment would be different I guess.
Thanks for all the info.
more...
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leo2606
09-24 03:42 PM
My wife is on H1-B valid till May-2010 and she got EAD for 2 years as well.
She is planning to take up permanent job at the client place she is currently working as a consultant.
What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?
She is planning to take up permanent job at the client place she is currently working as a consultant.
What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?
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satishku_2000
02-21 02:34 PM
In last report at Nebraska service center they were processing I 140 EB3 cases with receipt date of June 13th, Now they are processing applications with receipt date of Aug 02nd ...
That sounds like a very good movement and unbeleivable...
That sounds like a very good movement and unbeleivable...
more...
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cagedcactus
06-11 12:53 PM
Hmmm....
If you watched the way he won last two terms as President, you wouldnt doubt anything about this man. If he says "see you at the bill signing", then he WILL see you at the bill signing.
We better move quick and start pulling every string that is in our control, or else it will be too late.
If you watched the way he won last two terms as President, you wouldnt doubt anything about this man. If he says "see you at the bill signing", then he WILL see you at the bill signing.
We better move quick and start pulling every string that is in our control, or else it will be too late.
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chris
02-05 02:10 PM
Our cases are assigned to IO more that 60 days ago. No LUD's sofar.
Called VSC, One officer told me that they have thousands of cases pending. :confused:
Any one got GC recently and pending with IO more that 60 days ?
Appricaite comments and advice.
Called VSC, One officer told me that they have thousands of cases pending. :confused:
Any one got GC recently and pending with IO more that 60 days ?
Appricaite comments and advice.
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walking_dude
01-30 12:24 PM
Here's a template you can use to E-mail. Put your name and address as newspapers don't normally respond to E-mails sent anonymously. Also customize as required. Please kep the reference to IV Press Release as it's important to get coverage for our issue.
Contact info for MI Newspapers - http://action.aclumich.org/michigannewspapers
Dear Editor,
I'm a regular reader of your newspaper, and would like you to cover the issues faced by legal highly-skilled immigrants due to decision by Michigan Secretary of State Ms. Terri Lynn Land to deny Driving Licences to residents on temporary visa status. This rule impacts thousands of legal immigrant workers in Michigan, like me, by impacting our ability to commute to work. It also affects a large number of International students studying in the state universities.
As a regular reader , I feel disappointed by the lack of media coverage for an issue affecting thousands in the state, including yours. Immigration Voice (http://www.immigrationvoice.org) , a non-profit grassroots organization working to fix the issues faced by legal employment-based immigrants has issued a press release on the issue.
http://www.prweb.com/releases/2008/1/prweb661904.htm
I urge you to cover this issue through a news story. Immigration Voice has been collecting stories from affected members of our community. If your newsreporters need any help in developing the story, Immigration Voice can certainly help you on this issue. Michigan chapter of Immigration Voice can be contacted by E-mailing - vivek AT ImmigrationVoice DOT org
Sincerely,
xxxx
<<name>>
<<address>>
<<phone>>
Contact info for MI Newspapers - http://action.aclumich.org/michigannewspapers
Dear Editor,
I'm a regular reader of your newspaper, and would like you to cover the issues faced by legal highly-skilled immigrants due to decision by Michigan Secretary of State Ms. Terri Lynn Land to deny Driving Licences to residents on temporary visa status. This rule impacts thousands of legal immigrant workers in Michigan, like me, by impacting our ability to commute to work. It also affects a large number of International students studying in the state universities.
As a regular reader , I feel disappointed by the lack of media coverage for an issue affecting thousands in the state, including yours. Immigration Voice (http://www.immigrationvoice.org) , a non-profit grassroots organization working to fix the issues faced by legal employment-based immigrants has issued a press release on the issue.
http://www.prweb.com/releases/2008/1/prweb661904.htm
I urge you to cover this issue through a news story. Immigration Voice has been collecting stories from affected members of our community. If your newsreporters need any help in developing the story, Immigration Voice can certainly help you on this issue. Michigan chapter of Immigration Voice can be contacted by E-mailing - vivek AT ImmigrationVoice DOT org
Sincerely,
xxxx
<<name>>
<<address>>
<<phone>>
kish006
12-27 04:01 PM
It took about 4 weeks. Do you have H1-B extension? If so, I would suggest to use that instead of waiting for AP. The AP has new date instead of old one. Good Luck in getting the AP sooner.
IF your EAD and AP got approved with incorrect Photo. What actions ur lawyer is taking for her I-485 application. IF you 485 approved her card will come with different photo. so you lawyer suggested to you and what actions ur taking to prevent.
Let me know as I am also in same boat.
My lawyer is stupid guy he wont respond to me. he will only respond to my employer.
IF your EAD and AP got approved with incorrect Photo. What actions ur lawyer is taking for her I-485 application. IF you 485 approved her card will come with different photo. so you lawyer suggested to you and what actions ur taking to prevent.
Let me know as I am also in same boat.
My lawyer is stupid guy he wont respond to me. he will only respond to my employer.
canmt
10-19 01:25 PM
The guideline issued by the Director of USCIS to field officers to interpret AC 21 does not take into consideration the geographic location of the new employer.
I cannot say how USCIS will interpret AC 21 cases where the salary is more or less than prevailing wages specified in labor certification but USCIS will issue a request for evidence to get a letter from your new employer to state that your terms and conditions of approved labor certification continue to exist.
This could mean the new employer has no obligation to pay you as per your labor certification but once the green card is approved he would pay the money mentioned in the labor certification. No one can enforce this since both you and employer will look for bottom line profits.
If you have an offer with same or more money than the privileging wage determination in your approved labor certification you should be good but I don’t know how USCIS will interpret the AC 21 where geographic location of the employer is different. For example if the labor is certified in NYC with 120k and I take up 100k job at Raleigh more than prevailing wage for that location and currently i'm paid 75k till I get my green card as employer is not obligated to pay the salary as per wage determination in NYC.
I hope this helps and good luck on your green card chase.
I cannot say how USCIS will interpret AC 21 cases where the salary is more or less than prevailing wages specified in labor certification but USCIS will issue a request for evidence to get a letter from your new employer to state that your terms and conditions of approved labor certification continue to exist.
This could mean the new employer has no obligation to pay you as per your labor certification but once the green card is approved he would pay the money mentioned in the labor certification. No one can enforce this since both you and employer will look for bottom line profits.
If you have an offer with same or more money than the privileging wage determination in your approved labor certification you should be good but I don’t know how USCIS will interpret the AC 21 where geographic location of the employer is different. For example if the labor is certified in NYC with 120k and I take up 100k job at Raleigh more than prevailing wage for that location and currently i'm paid 75k till I get my green card as employer is not obligated to pay the salary as per wage determination in NYC.
I hope this helps and good luck on your green card chase.
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