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  • GC_Wait2002
    07-14 12:43 PM
    bump:::confused:




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  • sandy_anand
    10-30 03:47 PM
    Trust me.. Unless CIR passes or fails nothing is going to change. These introductions are base less. Its like just a thought. Even all of 500k professionals who might be stuck at various stages of GC process unite and call to pass it . It will not pass. Period.

    Hispanic caucus will not allow any piecemeal approach for immigration. They are holding EB reform for illegals. So lets hope that CIR gets introduce and pass with our relief. If CIR passes then it will have recapture. If it fails then we can try for recapture or any of these without worry for hispanic caucus. So I dont think so IV or even any organization like IV can do anything for next 6 months where CIR may get a chance. All we can do is call congress man and ask for support when CIR discussion comes on floor.

    We may achieve some admin fixes if current administration really wants to help us.

    I completely agree with what gc_on_demand said. The recent immigration provisions that zuhail is referring to is merely an extension of the sunsetting EB4 and EB5 programs. They HAD to renew it since otherwise the applications in process would be in limbo.

    Unless CIR is introduced, no other EB relief is going to happen on the legislative side. If CIR passes, we will have increased visas to clear the backlog - since without first clearing the "legal" backlog, they wouldn't dare issue a single GC to illegals. If not, then recapture stands a definite chance since the Hispanic lobby would then be more open to a "piecemeal" approach. My 2 cents.




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  • sujitg
    11-28 02:38 PM
    Hi,
    I have seen that myself a couple of times. I had read somewhere on the USCIS site that the dates get updates also as a result of some backend process that they run on their side too, not necessarily when status change happens.

    Hope that helps

    Sujit
    PD april 30, 2002
    I-485 Jan 8, 2007

    Waiting....waiting...waiting...




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  • mambarg
    07-26 12:17 PM
    I dont think this ammendment will delay 485 as by the time they take a look at what ammendment is sent, your 485 might be approved :)
    :)



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  • desi3933
    09-25 03:22 PM
    Thanks a lot for the information. I understood now how that works after H1B is approved and also to come into H1B status. So, If I apply for H1B extension, Will USCIS expect I-94 which is not older than 6 months or something like that?


    >> Will USCIS expect I-94 which is not older than 6 months or something like that?
    No. Just submit your latest (expired) I-94 along with copy of current EAD card. This will show that you are in status. Your lawyer should know this.


    *** Not a legal advise ***

    ____________________________________
    Proud Indian-American and Legal Immigrant




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  • jsb
    09-03 10:26 AM
    Hi guys,

    I know J Barrett has been a star of this forum for a while.

    I just wanted to check if anyone in a similar situation as mine as received any update on their 485.

    140 approved from TSC in May 2006; LUD on 7/28
    485 received at NSC on July 2, 2007
    485 received and Signed for by J Barrett at 10:25 AM

    Thanks.
    No receipts yet. Filing delivery details, and I-140 approval/LUD same as yours with EB2 India.



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  • srikondoji
    12-17 05:07 PM
    i was in coma. :D or may be i was off by one month :eek: or may be some bug entered my head and rewired my brain :cool:




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  • Jonas73
    04-22 10:03 PM
    Hi, Yes I have a EB3 (even that I have a Masters degree and 6 years of experience) as my job only required a BS degree etc when I started working. So my understanding is now that what ever I do I need to get a new Labor/PERM and a new position within my company that requires MS degree etc that would qualify for EB2. Even if my I-140 gets approved within reasonable time I still have to wait in eternity for my date to be current under EB3? (the last time I looked back on the previous visa bulletins it looked like it was 2 years ago the EB3 was current (or PD 05 or something). That means that I will have to wait maybe 3-5 years before I can even apply for the I-485? Even that I do have the requirements for a EB2 and my company would have no issues qualifying my job to require a MS degree.



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  • homers
    04-09 08:49 AM
    As long as your H1-B application is still being processed, you should be IN STATUS.

    For your passport renewal, you can write a cover letter to the Indian Embassy explaining that your visa extension is being processed and provide them a copy of the acknowledgment notice. That should be enough for establishing your legal presence for passport purposes.




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  • abh
    08-21 11:22 AM
    I have not even used my EAD. I expect it to be related to Birth certificate as i didn't have original and submitted affidavit etc. But not sure may be something else too.

    My lawyer had applied for EB2 in I-140 but approval came for EB3. then they reapplied and next approval came for EB2. May be that.

    Just guessing as that's the only thing i can do now.

    One intresting thing i think my case might have got picked is we applied for my husband's EAD and after that have seen soft LUDs on our cases. may be just coincidence.



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  • cygent
    11-04 08:19 PM
    How to change the title?

    click Edit - then "Go Advanced" button to change the Title. Save.




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  • zoooom
    10-26 10:27 AM
    Thanks!!!...She is infact leaving this weekend.. I hope she wont have any problems while coming back. Another question..What happens if the employer withdraws the H1b while she is in India...?If she leaves now can she get her H4 stamped even if the H1b is not withdrawn?



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  • radhay
    06-19 02:07 PM
    Is there are rule governing how far in advance( before the current EAD expires) we can apply for EAD renewal? Is it ok to apply 7 months in advance?




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  • psaxena
    04-07 04:59 PM
    Hi Friends.
    I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
    Some tips if it may be helpful to others , that I recently expereinced

    1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
    2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
    3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)

    All the best to everyone.



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  • v_javans
    09-07 09:43 AM
    Hi All,

    Friends, I have few questions regarding EB2 category and need your help & advice.

    What are the requirements to file GC under EB2 category? I know USCIS needs 4 years degree. But I am Commerce graduate (3 years) from India and with over 11 years of IT experience, am I eligible for EB2? Can I use my experience to make up for 1 year. If not, can you suggest 1 yr. online degree (acceptable to USCIS) to be eligible for EB2.

    Thanks in advance for your time.

    Regards,
    javans.




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  • bekugc
    04-19 05:59 PM
    regd ur qn --> So do you think using EAD gives a person an Immigrant status in turn losing his non-immigrant status?

    485 stage itself is called 'adjustment of status'. so using EAD or AP , takes u out of nonimmigrant status, and brings u into a intermediate status - thats why they write AOS/parolee on i94 if u use AP. . i dont think u become an "immigrant" untill ur 485/gc is approved.



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  • kirupa
    08-18 11:48 PM
    If you are lazy (like I am right now), you could just create an owl smiley and have the tag name by "O' RLY"! That way you won't have to fret about getting the owl's expression just right in the tiny < 20 pixel per side area!




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  • sam_hoosier
    12-17 01:35 PM
    my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
    1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
    2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
    thanks for the answers in advaced

    Yours is a pretty tricky situation, and I doubt that there are many members who have been in similar situations or would have an accurate answer for you. Probably best to talk to an attorney.




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  • bbenhill
    10-06 02:58 PM
    Hi,

    Need some confirmations, greatly appreciate on your help :-)

    I am planning to go outside US for three weeks, I am planning to enter using AP (I485 is pending), my H1B extension is pending (no receipt). my H1 is expired.
    The questions are :
    1. With above conditions, will everything be ok when I come back esp with my H1B extension process ? can I get H1B approval ? this is my fourth extension.
    2. Do I need to surrender my expired I-94 at POE ?
    3. When I come back from vacation, can I still use H1B status for working ? because I will enter using AP (status : parolee) and my H1B extension is pending.

    Thx




    bhagat69
    02-27 09:27 AM
    Hi, I am actually in the same boat as you. Though I have an April 2006 PD for EB3 and am now on EAD as well.

    Question1: Is it better to try and port my EB3 to EB2 with a different employer. Isn't GC for future employment ? If so, can't I negotiate with another employer and file new labour under EB2 and try and port my priority date from EB3 ? Also, if I do this will my current employer find out ?

    Questions2: What is the process for porting EB3 to EB2 without current employer finding out ? What documents are required ? My current employer is not going to give me a copy of my I-140 or my Labour Cert. All I have is the receipt notice of my I-485 filing and my AP/EAD documents.

    Questions3: Is it possible that since there are so many India EB2 applicants and fewer India EB3 applicants that it is better to stick with EB3 April 2006 PD ? Dosen't a seperate quota get allocated to EB3 than that which gets allocated to EB2 each year or will EB3 always be behind EB2? Please advise.

    I will really appreciate someone who has experience with these issues to advise me on them.

    NOTE: Can someone please tell me how I can create my own new thread on immigration voice.




    veni001
    06-17 03:45 PM
    As far as i know H1-B is not a requirement, but having it provide you fall back option. If you have not used AC21 and your old I-140 gets canceled( for any reason) before new I-140 approval, you will land in trouble.

    The employer has to prove that there is a EB-2( Master's/Bachelor +5 yrs) job available and he can not find a qualified US Citizen/Permanent Resident for that job to get new PERM approval. DOL checks PERM job requirements against their database, and most of the time software jobs with Job descriptions of Master's or Bachelor +5 yrs required gets audited by DOL so we can not really predict how long does it take to get PERM approval.

    After PERM a second audit on job requirement comes from the USCIS at I-140, once these two hurdles passed you need to send a ltr to USCIS to port I-485 category and date.

    Based on the posts on this forum, if no audits, PERM is getting approved in about 8 months and I-140 in about 6 months and two to four months for USCIS to port.



    Thanks Veni001, I had similar question on premium processing for 1-140, which I believe has been stopped by USCIS since last couple of years.
    Also, bnaredla1382 mentioned that he/she has H-1B and is currently working on H1-B, is that a requirement? I do not have H1-B any longer and have been working on EAD since.

    Thanks...



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