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  #91 (permalink)  
Old 04-21-2015, 10:28 PM
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Smile 100% correct

Yes What Pappu said is 100% correct. I learnt a lot after attending my first advocacy day in Feb 2015.
Quote:
Originally Posted by pappu View Post
I can give a very detailed answer to deal with it. For now let me put some points that one can do right off the bat


* Support Immigration Voice because those $$ will go towards advocating for changes in the interest of employees. Employers and lawyers are well represented but employees lack a strong advocacy group with enough capital to fight. Volunteer your time and skills to the organization
* Attend every advocacy day of Immigration Voice. Among other fixes we talk about fixes specific to stopping exploitation. Sitting at home or office and signing petitions or tweeting will not fix anything. One will have to come often to advocacy day meetings and speak up.
* Know your rights
* Report bad employers to DOL/authorities as applicable
* Do not be fearful of reporting in your name. Anonymity goes only as far as putting pots on forums that have no significance. Real action is filing a complaint and not posting on a forum with a fake ID.
* Sometimes lawsuit is an option to explore.
* Stay United a community.
* Journey of an immigrant does not end with getting greencard, H1B or EAD... or even citizenship. Stay involved and help people behind you.
* be politically active by being active in IV advocacy. You will learn a lot.
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  #92 (permalink)  
Old 04-22-2015, 09:09 AM
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Default Birth certificate - No name

Admin,
There are a lot of folks from India where we have birth certificates, but without our name on it as it was not mandatory while requesting the certificate, in this case should we get a new certificate issued with the full name or would affidavits from parents suffice?
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  #93 (permalink)  
Old 04-22-2015, 09:21 AM
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Quote:
Originally Posted by pradeep06 View Post
Admin,
There are a lot of folks from India where we have birth certificates, but without our name on it as it was not mandatory while requesting the certificate, in this case should we get a new certificate issued with the full name or would affidavits from parents suffice?
We realized that most folks have such real issues. And these issues with birth/marriage certificate or immunization records take some time to resolve. That is why we have tried to provide a heads-up so you can prepare and have your documents in order.

If you read the posts on the first page of this thread, you will get answer to your question - by preparing affidavit. The post also suggest the language for such affidavit. Please also do not ignore second action item from the newsletter.

Last edited by pappu; 04-22-2015 at 10:38 AM.
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  #94 (permalink)  
Old 04-22-2015, 01:49 PM
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Thumbs up Query

Kudos and thanks to the entire IV team for all the hard work and efforts.

I have changed my job WITHIN my company, progressing to a senior position (promoted). My company has not redone the H1B, but plans to redo my Labor and GC again as the location and shifts of this position have changed. This new labor process will begin in 4-6 months. I have a approved 140 from old position, but am wondering if I can apply for AOS before (or maybe) even after the new labor has been filed for or do I just wait until my new 140 has been approved.

Thanks again and VERY much appreciate all the efforts as well as candid messaging on this forum.
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  #95 (permalink)  
Old 04-22-2015, 02:44 PM
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Default

Quote:
Originally Posted by scrooge2011 View Post
Kudos and thanks to the entire IV team for all the hard work and efforts.

I have changed my job WITHIN my company, progressing to a senior position (promoted). My company has not redone the H1B, but plans to redo my Labor and GC again as the location and shifts of this position have changed. This new labor process will begin in 4-6 months. I have a approved 140 from old position, but am wondering if I can apply for AOS before (or maybe) even after the new labor has been filed for or do I just wait until my new 140 has been approved.

Thanks again and VERY much appreciate all the efforts as well as candid messaging on this forum.
With the current regulation (without same or similar fix), your situation is tricky as it may appear that you have no intent of working on the previous position title. Your employer should ammend the H1 and re-start the PERM etc.

With "same or simiar" fix in the future through, you may not need to restart the GC process if the new job is in the same city/area. If city has changed, I am not sure if the new admin fix will address this part.

Just my 2 cents. Wait for other responses.
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  #96 (permalink)  
Old 04-22-2015, 03:07 PM
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Romeo is on a distinguished road
Default

I am in the same boat except I am going on a sabbatical .taking pay cut. company will rehire me after the training period at a different location. Since green card is location specific I have to start all over again. We all have to live with our choices and I made this one after November 20 when I realized nothing is going to happen immediately.company legal counsel dosent want to respond to speculations and here I am in a dilemma.
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  #97 (permalink)  
Old 04-22-2015, 03:33 PM
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Default Interim Rule

Dear Admin,
There was an indication from the IV admin earlier that the I140-EAD rule will be published as an interim rule as opposed to the usual Proposed Rule-Final Rule process. Does that still hold true ? This would really help me make a few difficult decisions.

Thanks in advance for the answer
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  #98 (permalink)  
Old 04-22-2015, 03:43 PM
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palciparum is on a distinguished road
Default

Dear administrator,

Thanks for all the efforts. I support IV.

I would like to know, if possible, whatever fix is coming or will happen, will it just be for a month or two? Or longer? How long of a window of opportunity will be there?

Thanks.
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  #99 (permalink)  
Old 04-22-2015, 04:34 PM
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Default

Quote:
Originally Posted by DMX17 View Post
With the current regulation (without same or similar fix), your situation is tricky as it may appear that you have no intent of working on the previous position title. Your employer should ammend the H1 and re-start the PERM etc.

With "same or simiar" fix in the future through, you may not need to restart the GC process if the new job is in the same city/area. If city has changed, I am not sure if the new admin fix will address this part.

Just my 2 cents. Wait for other responses.
I have just been offered a senior position in my company with duties being added to my current responsibilities. The title and salary will most likely change quite a bit but not the location. I am also in the same field and not changing domains. How will it impact the green card process and this new EAD EO? I have an approved I-140 with the same employer.
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  #100 (permalink)  
Old 04-22-2015, 04:57 PM
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ashokkpatnaik is on a distinguished road
Default USCIS Administrative Appeals Office Solicits Amicus Curiae Briefs: Impact on I-140 Im

Click on this link for an article published in 'The national law review.

USCIS Administrative Appeals Office Solicits Amicus Curiae Briefs: Impact on I-140 Immigrant Applicants | The National Law Review
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  #101 (permalink)  
Old 04-22-2015, 05:16 PM
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Default

Dear Admin,

I plan to get married later this year. I have a civil marriage registration already done in India. Would it be advisable to file for AOS now or wait to file until i bring my wife to US on H4.

As i understand once i file for AOS, i cannot bring a dependent.

Appreciate your response.
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  #102 (permalink)  
Old 04-22-2015, 05:36 PM
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Default Work on EAD after 6 months

Quote:
Originally Posted by Administrator2 View Post
Under the current system, you cannot use approved I-140 from previous employer to file AOS. But you could file AOS from your old employer. All you need from your old employer is the letter from employer (please look for the letter format above).
My previous employer (I-140 approved) is ready to give me the letter. As I understand a green card position is for the future employment and as per the current backlog, it will take another 4-5 years to get a green card.

After we file for I-485 and wait for 6 months (maybe no need to wait?), can we use the EAD card (AC21) to work for the current employer on the same or similar occupation and after that my current employer will continue to support my I-485 application?
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  #103 (permalink)  
Old 04-22-2015, 06:18 PM
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Default

Quote:
Originally Posted by pd052011 View Post
I have just been offered a senior position in my company with duties being added to my current responsibilities. The title and salary will most likely change quite a bit but not the location. I am also in the same field and not changing domains. How will it impact the green card process and this new EAD EO? I have an approved I-140 with the same employer.
Read the newsletters/posts related to the Obama actions. There are two or more different fixes one of which is "same or similar" which is supposed to relax or redefine what that means. Assuming this same or similar fix rolls out at the same time as the I-140/AOS fix, then you need not re-start the process for "natural career progressions".
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  #104 (permalink)  
Old 04-23-2015, 12:08 PM
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Default Need more info on medical

Thanks for sharing this important info. These are the vaccinations for which we can get the records from India (of course I need to find out from doctor of my birth place). There are some additional vaccinations mentioned in the form 696 (like hepatitis A, B, rotavirus and few more ?) . Can you please guide us on those. Should we start getting those in our local PCP or those are not required ?


Quote:
Originally Posted by The Alchemist View Post
Continued from previous post (Questions and Answers on How to file Adjustment Of Status)
11. Medical Examination Related to Form I-693:
Please go to USCIS website for detailed instructions for I-693. Medical examination is conducted via the USCIS approved physician who provides the medical report along with Form I-693 in a sealed envelope for each applicant. List of approved civil surgeons in your area can be found at https://my.uscis.gov/findadoctor. It’s better to call and enquire about the associated fees ahead of time as the charges can significantly vary from clinic to clinic.

Tip: Almost everyone received immunizations during their childhood and should have a record that can be presented to the Civil Surgeon to potentially avoid repetitions of vaccinations and delay in the receipt of the completed report (not to mention incurring additional expense). This is especially true of the MMR (Measles Mumps and Rubella) vaccine which requires both an initial shot and a booster over a period of time to become effective. If you don’t have the immunizations record, you can ask your primary physician in your country of birth to provide a certified letter showing that the following immunizations were received as per the following schedule:
  • OPV: at birth, at 6 weeks, at 10 weeks, at 15 weeks
  • DTP: at 6 weeks, at 10 weeks, at 15 weeks
  • Tdap: at 8 weeks
  • MMR: at 9 months, at 15 months
  • Varicella: ask your parents if you had Chicken Pox as a child
You could take this certified letter to your local (U.S.) family physician and have him/her transfer this information on to your U.S. medical record files. Then ask for a copy of the immunization schedule record from your family physician and also provide it to the Civil Surgeon along with the certified letter. Additionally, a titer can also be conducted by your local (U.S.) family physician. A titer is a simple blood test that checks your immune status to the diseases or of vaccinations you may have received in the past. The results of this test can be used as additional proof of immunity, along with other documents and may be helpful in convincing the Civil Surgeon.

Please note that not all Civil Surgeons are willing to accept this proof and may still require you to take the vaccinations. Getting vaccinated at your local (U.S.) family physician is generally the cheapest option as it may be covered by your insurance.

Last edited by The Alchemist; 04-23-2015 at 05:10 PM.
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  #105 (permalink)  
Old 04-23-2015, 05:46 PM
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Post It depends...

The vaccination schedule has changed over the years - in the 70s the vaccines mandated to be given at the time of birth and later were less in number compared to 80s/90s or nowadays. If you do some research you will find the history of vaccinations mandated in your country at the time of your birth. In most cases only the ones listed in (Questions and Answers on How to file Adjustment Of Status)this post will be required and others might be deemed "not medically appropriate" by the Civil Surgeon. You may always seek advice from your local PCP.

But the final determination has to be made by the Civil Surgeon based on multiple factors like your current health, date & country of birth.

If the Civil Surgeon determines that certain additional vaccinations are needed, you may get them either at the Civil Surgeon's clinic or elsewhere. More details on vaccinations are available on page 7 on the instructions for I-693

---please note that this is not medical advice---

Quote:
Originally Posted by legalimmi11 View Post
Thanks for sharing this important info. These are the vaccinations for which we can get the records from India (of course I need to find out from doctor of my birth place). There are some additional vaccinations mentioned in the form 696 (like hepatitis A, B, rotavirus and few more ?) . Can you please guide us on those. Should we start getting those in our local PCP or those are not required ?
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