Tuesday, August 30, 2011

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  • bestin
    12-21 08:28 PM
    Friends,

    I need your opinion. I came to USA in May 2005 and my H1-B is going to expire in Feb 2008, as per I-94 card as well as stamping of the H1-B visa. Thanks to USCIS ;) for opening the gates in July 2007, I had applied for I-140, I-485, I-131 & I-765, based on my approved EB-3 labor with PD 02/2007. While my I-140 and I-485 are pending, my EAD & AP were approved and received by me. My existing H1-B is expiring in Feb 2008 and my employer company has not taken any steps to renew. The Legal Assistant replied me cooly that why I cannot use EAD. I had been taken aback by her answer.

    I have planned to talk to the top management of the company, but before talking to them I want to take all your opinion. Is it adviseable to use EAD in my situation? I have 3-yrs degree qualification and have been anxiously waiting for clearance of I-140.

    I look forward for your advice,

    Thanks in advance

    Working in H1B has its own advantage.I am unsure if u are married.If not as discussed in one of the threads u might have to marry a GORI if u r not in H1B ,with the current scenerio.

    If i were u i would try my best to renew the visa especially because of the fact the 140 is still pending.If there is no other way then i ll start using EAD and also keep trying options back home till 140 is approved.

    Good luck





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  • Rb_newsletter
    09-08 10:22 PM
    I see some words 'brightest', and 'high-skilled'. Who is classified as 'brightest' and 'high-skilled'?
    Can EB immigrants expect something out of CIR?


    Senator Charles E. Schumer (http://schumer.senate.gov/new_website/record.cfm?id=314990)

    6. We must encourage the world�s best and brightest individuals to come to the United States and create the new technologies and businesses that will employ countless American workers, but must discourage businesses from using our immigration laws as a means to obtain temporary and less-expensive foreign labor to replace capable American workers; and finally
    ------------------------
    ////////////////////////
    ------------------------
    Sixth, we need to recognize the important contribution that high-skilled immigrants have already made, and must continue to make, toward revitalizing and reinventing the American economy.

    No immigration system would be worthwhile if it is unable to attract the best and brightest minds of the world to come to the United States and create jobs for Americans�as has been the case for Yahoo, Google, Intel, E-Bay, and countless other companies.

    That being said, any reformed immigration system must be successful in encouraging the next Albert Einstein to emigrate permanently to the United States while, at the same time, discouraging underpaid, temporary workers from taking jobs that could and should be filled by qualified American workers.





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  • h_shaik
    08-09 01:43 PM
    As Per my knowledge it is not nessesary that all approved I140's will have a A#.

    Senior members please correct me if i am wrong. Also i would appreciate if you can explain what is the criteria to get a A# in case of approved I140.

    Regards.

    it's the A# in your 140 approved petitioin.
    Generally spouses won't have this until they get the 485 receipt so they can leave it blank in the 485 application but the principle applicant should have from the 140.





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  • Waitnwait
    02-23 07:13 PM
    Do you have to refile 485? i am assuming you have already filed as you said you have EAD. i thought interfiling can be done by just sending a letter to USCIS and there is no need to refile 485.



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  • fromnaija
    11-18 05:29 PM
    Great job folks. Not only Ac21 issue, but if there is any other issue, please lodge a complaint with the Ombudsman's office.

    I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.

    http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf





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  • blacktongue
    01-20 02:56 PM
    How many Information Technology people?

    How many from China?



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  • pappu
    02-15 12:51 PM
    A few website people are posting links on such threads soliciting business and traffic. We are deleting such posts. Despite requests a few such sites have refused to put IV banners on their sites, deleted our posts or asked for money for any kind of publicity on their sites. We will be deleting any links of external sites that are put for business purposes here.





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  • cherish37
    10-24 03:03 PM
    Hi sreedhar,
    I am a July 2nd filer, after a long long wait, finally got my checks cleared on Oct 11, 2007, my lawyer received the I-765 and FP notices on 10/19, but not the I-485 receipt. Receipt date is 8/14, different A#s, Not able to check status online. Seems I am the lucky one got experience of all kinds of problems that July 2nd filer encountered.
    Most importantly, without the physical I-485 receipt, I am not able to apply for AP... I am very worry about if the I-485 receipt was lost in mail.



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  • smartboy75
    07-17 07:30 PM
    Kindly reply to this thread so that it is always visible under RECENT POSTS just as a reminder to everyone ..





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  • GCchakravyuh
    07-17 01:53 AM
    great news.

    new important points:
    1."Also under discussion is whether green cards that have gone unused in previous years could be used this year. As a result, one possible scenario is that the number of high-skilled workers who gain permanent residency in the U.S. this year could swell to more than twice the historical level. "They've got to do something," says one congressional staffer close to the discussions. "

    2."Perhaps the most acute pressure on the Bush Administration is coming from Representative Zoe Lofgren (D-Calif.),...the last thing the Administration wants is for the details of the "bureaucratic, nightmarish snafu" to become public"

    Just hoping that by some miracle tomorrows news is even better than expected.

    BTW its the title of the article which says its all "The Gandhi Protests Pay Off". Please note its not something like "Govt yields under threat of law suits and immigrants protests"

    the celebration of point 1) above gets contradicted by the passimistic fact written at the end of same article : :(
    (((But that idea may face long odds. AILA's Kuck says that current law prohibits green cards from one year to be used in other years. And he thinks there is no appetite in either Congress or the White House for writing new pro-immigration legislation, after the comprehensive immigration reform proposal went down in flames earlier this summer. "I don't think they'd touch the issue with a 10-foot pole," says Kuck. "This issue has become radioactive." )))



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  • jelo
    06-15 05:28 PM
    My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India.
    Our question....Is it sensible to travel on AP him being unemployed?

    This is my openion.

    Your husband is no more on H1b and liable to use EAD on his next job.
    AP is based on pending I485, you do not have to work and legally present in US as long as 485 is pending. Since your pending I485 is based on future job, POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.





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  • japs19
    02-20 01:13 PM
    Q:1. First and foremost - can I change my job as I am entering the 6th year of H1?

    A: I recently changed my job and I am in 6th year of my H-1. Two options you have at this stage. 1 (smartest): When the lawyer of new company applies for H-1 transfer, also apply for 3 years ext as you have 140 approved. My lawyer did and INS was kind enough to approve both(transfer & ext). 2: Have the employer agree to the fact that they will start GC process right away without any catches. Once that starts in 2-3 months you will have LC and 140 approved and then you can apply for H-1 ext.

    I suggest option 1 is the best and works for almost everyone.

    2. Since it's going to be my 6th year, will I need to reapply for labor as soon as I change my job? Is there any timeframe?

    Yes. You have to apply LC. There are no timeframe limitations on INS side. The only limitation you may find or want to find now is if your new employer has any. Many employers has internal law that once hired, they wait till 1 year before processing GC. Usually the budget is an issue. In that case, here's what you propose. "I will pay all GC related fees out of pocket, and when I finish 1 year (hoping you have approved h-1 ext) of employment, reimburse me".

    3. Will there be any issue porting the Priority Date - especially since I am planning to apply on EB2 in the next job.

    If you have smart lawyer, there should not be any issue.

    Good luck ....:)



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  • forever
    08-03 10:24 PM
    Any link?
    http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf





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  • Irs
    02-28 04:51 PM
    Online search would give a bunch of sites… you know your insurance needs for you/family better than anyone….You may find one or many but trade-offs are inevitable... make sure to compare the new insurance that you will be buying against the one you have to validate coverage...



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  • LC2002
    04-14 11:08 AM
    COngratulations on finishing the long journey !! Keep visiting IV :)

    Thanks, sure. Can't resist to come back as it has become old habit and old habits die hard!!





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  • ski_dude12
    12-02 01:10 AM
    This is after the dates were pushed back to 2003. There was no movement for a few months. Hopefully they are starting to process the apps in order now.

    Not really. There appears to be no orderly fashion. My PD is June 2007 EB2. I got an RFE on My I 485 in May 2008.



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  • sagittarian
    12-18 06:24 PM
    . hope this helps.

    You bet! Thanks a lot.





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  • SGP
    03-19 07:01 AM
    I was on a website the other day. It mentioned that US consulate in Mumbai was not processing H1B & L1 visas now because of some renovation going on so many windows had to be closed. Please check on it before you go to Mumbai.

    Have you got H1B stamp in your passport earlier? If yes then I would suggest going to Canada & having it stamped there. I spoke to a few people and they say Canada is easiest. In case they deny you, then you would have to go to India for stamping.
    ______________________
    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted�,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")

    Any recent experiences please.
    How easy or difficult is it.

    Is it any different in Chennai or in Hyd.

    I heard different things like some employer memo or something. Is it related to stamping.
    If it is, please share your receent stamping experiences.

    Is Canada better.,

    Thank you
    Bobby.





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  • desi3933
    08-18 09:12 AM
    Gurus,
    Sorry.. I just received the letter received from USCIS.. Its mentioned as "NOTICE TO INTENT TO DENY(NOID)".

    The reason specified in the letters:
    - Section 203(b)(2)(A)
    - 8 C.F.R 204.5(l)(3)(ii)(C)

    ........

    Here is the definition from USCIS regulations (refer to 8 CFR �204.5 (k) (2)) for advanced degree equivalency: "Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate."

    The key word here is degree, i.e., singular degree. That means - the beneficiary must have �a degree�, not a combination of degrees. Combination of degrees, therefore, is not permitted for EB-2 Advanced Degree classification.

    I have written many times on this issue, please refer to my old posts for more details.

    ______________
    Not a legal advice.





    immig4me
    11-03 10:08 AM
    I don't care much for either party, but I do find "talking points" abhorring as it never considers the practical matters...........

    What is it about the immigration debate that makes Republicans in Congress act like children?

    In the latest stunt, all seven Republicans on the Senate Judiciary Committee - Charles Grassley, Jon Kyl, John Cornyn, Orrin Hatch, Lindsey Graham, Tom Coburn and Jeff Sessions - have signed a letter asking Homeland Security Secretary Janet Napolitano to "detail exactly how much funding" would be needed to "ensure that enforcement of the law occurs consistently for every illegal alien encountered and apprehended."

    The answer: A lot.

    John Morton, director of Immigration and Customs Enforcement, told me that Congress appropriates $2.6 billion each year for the detention and removal of illegal immigrants.

    According to Morton, ICE is able to apprehend, process and remove a maximum of about 400,000 immigrants per year. (From October 2009 to September 2010, the Obama administration deported 392,862 people.) This is a record, and yet still only a fraction of the estimated 10.3 million illegal immigrants living in the United States.

    So to remove 10 million illegal immigrants, it would cost about $65 billion.

    There you go, senators. Will that be cash or charge?

    Of course, there are also the ancillary costs. First, if the federal government were to cast the net wide enough to apprehend large numbers of suspected illegal immigrants, perhaps by substituting skin color for probable cause (see: Arizona), it's likely to ensnare a good number of U.S.-born Latinos who would probably file a flurry of lawsuits for racial profiling, and thus run up the tab. Second, in the time that it takes to detect, detain and deport 10 million illegal immigrants, many of those who had already been removed would come back - and then have to be re-deported at an additional cost. And third, by spending that much more money on enforcement, federal immigration officials would surely inspire smugglers on the other side of the border to raise their prices. This would only enrich and empower the bad guys to bring in still more illegal immigrants.

    Then, there is another problem. As incredible as it sounds, deporting millions of illegal immigrants would be disruptive to Americans' way of life. As Morton pointed out, there would likely be massive and debilitating labor shortages, especially in those industries that currently depend more heavily than they should on illegal immigrant labor.

    "No one is talking about letting people go on their way with no punishment whatsoever," Morton said. "But we need a rational discussion of the proper sanction in light of the circumstances."

    Republicans are really in no position to talk about seriousness. When serious leadership is called for, they offer only theatrics and chest-thumping. They have to realize that, as a practical matter, ICE can't deport every illegal immigrant it comes in contact with. But they don't care. They only want attention.

    The GOP has a lot invested in spinning the yarn that the border can be secured and millions of illegal immigrants expelled through a strategy of enforcement only. Once you adopt this line of thinking, the way to explain the fact that there are still millions of illegal immigrants in the United States is to somehow argue that the Obama administration has been slow to deport them.

    This was a harmless delusion when Republicans were in the minority in Congress. But now that they are gaining seats, it could become a real nuisance as politicians proceed to lecture law enforcement officials about the best way to enforce the law.

    As the country's top immigration enforcement official, Morton is critical of an enforcement-only approach.

    "You have to be much more precise than simply saying 'deport them all'," he said. "That kind of attitude doesn't make sense in the context of how you deal with 10.3 million people."

    There you have it. Right on cue, seven Republican senators have stopped making sense.


    Read more: Republicans can't talk about immigration enforcement (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/11/02/EDL11G5MD9.DTL#ixzz14ETlnYgq)
    Republicans can't talk about immigration enforcement (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/11/02/EDL11G5MD9.DTL)





    coopheal
    04-23 12:16 AM
    I see no reason why you cant move to permanent offer.

    I am a passive reader of this forum for a long time and greatly respect knowledge and helpful attitude here,

    I received the RFE on 485 for both myself and my wife. Currently we have only received the the email and notice will be sent to my lawyer

    Details:
    Company:A for Programmer/Analyst: and 140 is approved.


    I was jobless for 3 weeks from Mid March and since then I have joined a decent consulting firm on EAD.

    Now I have PERMANANT offer as s/w Dev with a big company in that I was planning to start from 5/4/2009, they are aware of the fact that they may have to give letter in support of my pending GC.

    I am confused as to what should be my next steps:
    Can I still join them?
    What is the less risky option?
    Keep working with current company? (I haven't informed them of pending offer)
    I very much appreciate any help you can provide.



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