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  • India76
    09-17 01:38 PM
    bank_king2003, Thank you for taking time to reply to my questions/concerns. Appreciate it!!





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  • Rsamuga
    07-16 03:03 PM
    Hi All-

    I have a tricky scenario here, I need some input/guidance.

    I came to USA during Dec 2003 through a California based Indian Consulting firm. I worked for him for 2 years. In between, he
    applied the petition for my labor in April 2005 on eB2 Category and my responsibility was to pay for the GREEN CARD expenses.
    During Oct 2005, I joined an American company as permanent employee. Even after that, due to the good terms with my previous employer he agreed to apply for my I-140 during 2007 June and I took care of the financial aspect of it. The known understanding was that I will join his company in near future, apply the I-485 and get the GC.

    Two months back my I-140 got approved and I was waiting for the priority date to be current. Last week, I came back from my India trip. I got engaged during my trip and my marriage has been fixed in Nov'08. Today when I checked the UCSIS site, the priority date for the eB2 category is current.

    My questions are:

    1) At this point of time, I do not want to join my old employer.Working with the current American company, can I still proceed and apply for the I-485 through my previous employer ??.

    2) If not, Can I use the earlier priority date(April 2005) by applying for a fresh GC(perm labor/ I-140) from my current employer?

    3) To use the earlier priority date(April 2005), do I need to take approval letter from my previous employer ? Is there any chance that the old priority date can be revoked by the employer ??

    If any of you guys have had/come across the same kind of scenario, please do let me know what would be the best way to proceed.

    I really appreciate your response in this regard.

    Thanks!!





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  • factoryman
    07-02 01:20 AM
    Keep it as it is. Then you can do FB based GCs on either side.

    Talk of 'having the cake and eat it too'. Perfectly possible in this case.





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  • cdeneo
    01-11 09:32 PM
    Thanks so much for responding to this query and providing great insight here. The only concern at this point would be if availing of UC benefits would create any issues when an I-485 app is pending but will hope for the best that this will not be a problem.

    Thanks again for chiming in on this.

    I reviewed the State of Washington's unemployment compensation website, and from what I can see you would be eligible for benefits as long as you were legally authorized to work for the last 24 months and continue to be authorized to accept new employment. You will be required to provide your A# and agree to allow the State of Washington to share your application information with other agencies such as the IRS (UC benefits are taxable).



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  • spicy_guy
    03-29 08:52 AM
    What if I only complain about recent unpaid period when I was in even in project. They dint pay any thing on March 15th and dont want to pay on March 31st. They only want to pay in April. Whats your suggestion?
    Thx

    Regardless of the period, you need to complain to DOL. DOL takes action against them. Again, it doesn't matter if you are on project or not. They must pay you all the time.





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  • coolvigo
    07-15 10:45 AM
    Did either of you check with your lawyer on this?



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  • indiablues
    12-26 10:08 AM
    Pappu - thanks for the quick reply.

    The reason I asked - I got the impression that IV is for the "highly qualified" people. I know "highly qualified" is a subjective term. I did 3 yrs bachelors in commerce from India. I was not sure if I am "highly qualified" or not. Reading through a forum I came to know about the SKIL bill - which I don't think is for guys with my qualification.

    Is IV only pursuing SKIL bill or are there any other bills that would benefits people like me? If there are, then where can I read about those provisions? I want to browse though them and want to see if it would help my case.

    Thanks again for your help.
    IB


    Thank you for joining IV.
    IV is for everyone you have mentioned. Apart from the free legal advice we provide to our members by a qualfied immigration attorney we have a strong 7500 community of high-skilled legal immigrants that discuss immigration issues and problems.

    You can get all the information from our website and know about the problems people face during the greencard process from
    http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25

    and how we are working to solve those problems

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=78&Itemid=54





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  • quizzer
    10-24 06:00 PM
    Is there any way IV can take up the NSC I140 processing times with USCIS???

    Why is there a huge discrepancy between TSC and NSC wrt I140

    Also the processing times NSC publsihes are not right.

    for eg: My EB2 is pending from Dec 2006 and the latest update is Feb 2007.

    i know there are a lot of people like me.

    Thanks



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  • Legal
    07-19 10:19 AM
    Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.

    you won't be in the "similar" occupation...don't know if you can get away with it.





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  • chintu25
    01-15 11:01 PM
    http://thomas.loc.gov/cgi-bin/query/F?c111:1:./temp/~c111HC0fZW:e35939:

    NICE



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  • paisa
    07-24 03:59 PM
    Hello Guys,
    My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......
    No issues here my lawyers at Fragomen told me the same my passpory was expiring Aug 3rd 2007 infact I had my passport renewed when they were to send my 485 application. My lawyer said 485 has nothing to do with passport so no worries.





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  • greencard_fever
    04-07 05:56 PM
    Here's another parallel Idea.

    Let us try to schedule a meet with the prospective presidential Candidates (McCain, Clinton and Obama) instead to let them know our issues.

    By the time we actually get a meeting with the current president, his term may have expired. The presidential candidates, on the other hand will have some time now (not a whole lot but a little). If we squeeze some time there, we may be able to atleast get our issues out there.

    we can do this to get the Dems attention to our problems...right now Obama and Clinton are campaining in PA..so the IV members who are from PA can try to meet them and explain our problems.. when they are out there for campaining..



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  • Irs
    02-10 01:43 PM
    key note....Document and have everything in writing/email/recording...





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  • eb3_nepa
    03-22 04:41 PM
    Maybe we shud send this document to our friends at NumbersUSA (anonymously). That shud shake them up. ;)



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  • need_EAD
    03-17 11:44 AM
    Good News. Great Job Jay.





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  • Pagal
    02-06 04:38 PM
    I am a CDN citizen, so I know it a bit better.

    :) I believe you... for me tax treaty is a 'nice-to-have', but the dual standards of taxation vs living status is my issue.

    Taxation on consumption is my preference, but of course, that would be too logical for politicians and bureaucrats... ;)

    See www.fairtax.org for details.



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  • fatboysam
    05-17 01:05 PM
    IfYouSeekAmy,

    Can you please share your experience with them?

    Thanks





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  • gparr
    February 2nd, 2004, 07:17 AM
    Thanks to all for your feedback. All very helpful. I should have mentioned that I captured this image during a break at a trade show and, since I'm from Illinois and any flower is appealing at this time of year, I couldn't just let them go.
    Russell hit the point I was trying to get to, but apparently didn't explain very well. In this kind of shot there, by default, is not focal point in the scene and, as Russell has demonstrated, you have to create something that isn't there from the human eye perspective. He was able to achieve the necessary composition in PS and it works quite nicely. The dilemma I face with these shots is that the visual impact is the planter full of blooming flowers and attractive foliage. One option is to have the planter be the focal point of a larger scene, but in this case, the larger scene was the grounds of the Anaheim Convention Center. Not a scene I want to capture. So the image becomes what's in the planter and then the problem is, what part of what's in the planter. Obviously, I could have gone for a macro shot of one cluster of flowers, but it was the collection of flowers that was attractive. From what Russell has demonstrated, the solution seems to be a semi-macro shot. To achieve that in the camera requires a narrow DOF and placement of the chosen flower cluster at one of the "rule of thirds" points. I guess, in the final analysis, there's no real good way to get a captivating image that shows a portion of the planter with as many flowers in focus as possible. (Of course, I could carry a small cherub figurine with me on business trips to plop into planters such as this as a focal point. Plus, it would be a good conversation piece at the airport security check in. ;) ) Thanks again to jliechty, lecter, and Russell. Additional comments appreciated.
    Gary





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  • tinuverma
    11-09 10:18 PM
    NKAVJS, thanks for the response.
    I know what to do now





    bigboy007
    05-30 11:11 AM
    I think then they go for a conference and agree upon a common point if not nothing is passed





    cdeneo
    01-11 04:39 AM
    Thanks so much for your feedback on this query - this is really helpful.

    I am a resident of Washington state and would really appreciate any additional information you can share with me regarding eligibility and application for UC benefits here (documentation required (A# required?), other application requirements to be aware of, etc). My I-140 is approved and I-485 has been pending for more than 180 days and I am currently working on my EAD.

    Thanks again for your help with this query, I look forward to hearing from you.

    There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?


    The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.

    As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.

    To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.



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