Monday, June 13, 2011

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  • wait_2010
    07-25 02:39 PM
    I believe people who suggest that they follow career before GC are right to an extent. But to me the you have to chose..losing freedom to chose ur employer vs losing one career oppoertunity ...If u have GC you can chose from other opportunities and surely there will be plenty..Especially u r close to GC, it might be worth the risk and wait to get GC..even if u get an EAD , it will make life simple for ur wife and urself as she can get a job in any place and any employer and u will have the same option...Nothing beats freedom...
    It seems odd that the BIG consulting company wants to use EB3 to tie u for long time as they know the advantage for themselves..Ironical ..rules to protect americans end up hurting them because companies love H1Bs as they can use them as they want...




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  • nk2006
    12-07 02:40 PM
    Friends,

    I apoligizeif I was posting this message in the wrong section.

    I'm on H1B and filed my 140/485 concurrently in Aug 2007. Can I do ONLINE MBA with out affecting GC process?

    Yes.
    I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.

    (note: I am not a lawyer)




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  • vactorboy29
    11-27 09:19 AM
    I had very very bad experience in Mumbai. I had lost my all documents except passport .Keep ur Documents all the time with you no matter what situation would be. Look for good safe hotel don�t go after chip hotel. One more thing keep all your valuables in secured place.

    At consulate experience was pleasant.




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  • Nabeel
    10-25 10:05 AM
    Hi guys,

    My 8th year extension was filed on June 14th. I have not heard from them since. Lawyer says he has contacted USCIS on Oct 3rd and has not heard back yet either. He has asked me to wait for one month before initiating any further communication with them. Does anyone know how long h1 processing is taking these days? I live in Texas. Now, if I want to transfer this to Premium processing:
    a) is it possible to transfer now?
    b) how long will the transfer take?

    Thanks a lot for your advice/information :)

    What is your existing H1 Expiry date ? I applied my 7th year extension on July 30 and got my H1 approved on Oct 17th. As per my lawyer, USCIS work on extension cases based on your existing H1 Expiry. His statement looks valid to me since my H1 was expiring on 24th of Oct and I got my approval on 17th. My attorney also applied some other H1 cases around same time when he filed my case but he is still receiving approval on these cases one by one because other cases are little far from their H1 expiry.

    Nabeel



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  • brimos
    05-16 01:58 PM
    Is there anything currently to actually stop us from all throwing in the towel with the LC process and just stating that we've been here for x years and paid $x taxes and getting on the illegal's bandwagon?




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  • eb3_nepa
    07-12 04:49 PM
    The FBI name check is a bottleneck agreed. BUTTT It has NOTHING to do with the recent VB fiasco!

    Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.



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  • mwin
    08-14 02:49 PM
    325 + 70 + 180 + 170 = 745

    How did you come up with $745? I-485 application fees were $325 + $70 fee for biometrics. That makes it $395 per application or $790 for two applications. Maybe your lawyer gave you incorrect advice about the fees??




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  • rkrishna123
    10-17 03:11 PM
    Thanks guys for your advice and time.....



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  • hpandey
    06-02 03:16 PM
    you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?

    As people have said above as soon as you move from H1 to EAD your H1 would be no longer be valid and hence the corresponding H-4 status will no longer be valid and since you cannot file for AOS for your wife now , your wife will be out of status.

    This information will come up in future when you apply for I-485 for your wife.It does not matter if your wife is still in the US or not. She will be out of status if you lose your H1 status ( just like anyone who loses his H1 status the dependent also loses his status ).




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  • swamy
    05-21 11:55 PM
    This I think comes from AC21 regulations as well as one of the AC21 memos that were released. It mentions that a person can get H1 beyond 6 years even though they are not maitaining the H status as long as they can prove that their GC is pending . This may include pending I-485. I think the memo says that person need not maintain H status to get extension beyond 6 years without being counted against quota.

    I think the H1 can be filed but since you are on EAD, you will not get I-94. This means that you will need to go out and get the H1 stamped and re-enter to get back on H status.

    Again, various attorneys differ on this too. So consult few good attorneys for this would be good idea.

    yes this is true (confirmed it with a top law firm)- but 140 needs to have been approved though and pd shouldnt be current. and you need to get the h1 stamped too.



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  • gc_chahiye
    11-13 12:11 PM
    after 180 days it doesn't make a difference whether i-140 is approved or not, one can change job..

    i am not a lawyer

    provided they find that your I-140 was "approvable" at that 180 day mark. If at that point they feel it was not (or worse try to issue an RFE to your old employer) you could be in trouble. Safest to wait for approval.




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  • Refugee_New
    03-19 03:05 PM
    Well...my PD is current and my RD at Nebraska is also current as per thier processing times. But still no LUDs or any other updates so far :( (its been 19 days since my PD became current)

    I already spoke to USCIS IO one week back, and was told its a bit too early, and wait for 45 days and call back if nothing happens until then. They weren't willing to give me the status whether my Namecheck crossed 180 days.

    Just going to wait until April 1, and then call them again. Or get an INFOPASS . What do the gurus suggest?

    [EB3 - I , PD May 2001, RD July 30 07, Nebraska ]

    Its unfortunate that you have a very recent RD. I talked to an IO at NSC yesterday and i was told that they will process the case based on the order they recieved. So they go by RD. If this is true then i guess you will have to wait some more time. Because thousands of people applied I-485 between June first to July 30.



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  • manish1905
    10-07 12:07 PM
    Unless you fill your profile, nobody will trust you. Anti's are trying to get some negative comments and feed their agenda

    I have filled all my details now.




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  • EdenMN
    04-17 04:57 PM
    seems like it's against H1s and not pro immigration policies.
    If so please delete this thread people may by mistake sign it for this petion



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  • espoir
    06-21 05:56 AM
    As per my understanding, once you have a receipt notice for EAD and/or AP, it will be processed completely. Approval/rejection of EAD/AP is NOT linked with visa number availability. Many are under the misconception that they won't get their EAD and AP if the PD dates move back.
    Given the current and anticipated volume, one should expect delays in processing times.

    IN the same context, how about EAD.

    If I file I-485 and lets say the dates retrogess and my PD is not current, then as mentioned and if an EAD is not yet issued does the EAD issuance and I-485 both are "suspended" till PD becomes current or is it just the I-485...

    I guess what I want to ask is that is EAD linked to PD date ?




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  • desi3933
    06-25 02:18 PM
    I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.

    Thanks Elaine.

    My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.

    Could you please share your views on this.


    .



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  • Jerrome
    02-20 05:47 PM
    This will definitly help guys if they see some number crunching like the one i see below.

    Category Per Year Quota Per Country Quota Actual Primary Applicant Number of Estimated applicants Number anticipated Years
    Percentage Values 7% 48% 2001 2002 2003 2004 2005 2006 Total
    EB2 40000 2800 1344 1000 1000 5000 10000 10000 16000 43000 31.99404762
    EB3 40000 2800 1344 10000 16000 16000 16000 16000 16000 90000 66.96428571

    You can also Quote this in the home page of IV for people to see.




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  • srh1
    10-28 03:43 PM
    I went threw the forum but was not successful in finding . If possible can you please send the link.

    Iam primarly intrested in knowing two things

    1. How long can the consultant stay with existing employer after GC.

    2. Does he have to be on payroll all the time till he is with The existing employer. I was on payroll for 2months and my project ended and will there be any problem if iam out of job for next 2 to 3months considering the market conditions.




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  • number30
    03-29 06:02 PM
    You dont have anything to worry about. If you dont get the ITIN, just amend your tax return with new ITIN application later.

    Yes That is the way. You have three years to ammend your tax return. It is simple and common




    swarnapuri
    06-26 12:48 PM
    There is a news in news article thread that Senators Cantwell & Kyl have proposed a amendment which will open up a parallel employer sponsored GC path. Anyone has information regarding this amendment?




    boreal
    08-24 12:32 AM
    People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

    Is there any use in comming here as a student?? anymore..

    Well....not everything in life is fair. There are such laws that can be exploited and ppl will do that all the time. No use whining...



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