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  • Saralayar
    07-29 09:56 AM
    My son is an U.S citizen (4 years old) and my Attorney successfully filed a petion on behalf of me and mywife.

    But that petion is based on EB2 :p
    Another funny and time pass thread...




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  • santosh19
    10-31 02:08 PM
    What confuses me is or are you saying that calfornia service center no more process the H1-B extension. But when you go to processing time in USCIS website it still shows you that they process H1-B extension
    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=CSC




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  • ns007
    06-15 10:44 AM
    After reading the alert on immigration-law.com website I contacted my firm's attorney. According to them they have requested 3yrs extension based on my approved I-140. Now since the dates are current, they may grant either 3yr or 1yr extension. But, they won't deny the h1 extension petition.


    Hi,
    My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?

    Please advise.:confused:




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  • gc_dream07
    08-05 06:30 AM
    I am in similar situation.

    I have AP valid till Oct 3rd, 2010. My new AP application is with USCIS and have not received the approval. I will be traveling to Canada on August 15th for one week. I am planning to return on current AP. My question is: if my new AP gets approved when I am in Canada, will that cause any issue in my I-485 or re-entry to US.

    i was in same situation. couldn't get new AP in time. went for stamping in India.

    my attorney's advise was, u can't use the new AP, if u weren't here in US when it was approved. but after u come back using old valid AP or H stamp, u can use the new AP, for travel next time.

    if u read 131 instructions, it talks about abandoning app.

    basically, if u have no other status like H status, if u are using EAD for work and AP for travel,
    and if u leave US before approval of AP, ur 485 considered abandoned.


    Ref:

    http://www.uscis.gov/files/form/i-131instr.pdf

    Page 4, Section E.



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  • Madhuri
    06-15 12:26 AM
    So is it that, if you already have approved 3 yr H1 extension after 6 yrs
    then it will not become invalid even if you get EAD now?

    You can file I485 while H1 is pending. But if you read the H1 ext clause, you can see that you are eligible for H1 extension beyond 6 years only if your labor is pending for more than 1 year, or if you can't file for adjustment of status because of retrogression. Now, because you are eligible for I-485, you lose the eligibility to extend H1, which means, your pending H1 can be denied whether you file I485 or not. You might be lucky and get away with successful extension. But if the officer knows what he is doing, he'll not clear your extension. I have to add that I am assuming your H1 extension is BEYOND 6 years. If it is within 6 years, there is no problem. You'll get an extension.




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  • krishmunn
    02-19 12:46 PM
    As discussed above with cyrus mehta's blog: This is all discretionary:

    My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".

    Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".

    Good Luck.

    Excellent definitiion. and yes that is the difference between a good lawyer and a bad lawyer. Most of immigration related work (GC, H1) is filling forms which even a layman can do, except when it comes to "discretionary" stuff -- that is the acid test for lawyers



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  • yabadaba
    06-22 09:38 AM
    is a TB skin test neccessary even if you tell the doc you've had a history of positive TB tests? do i have to prove i've had a history of postive TB test for the doctor to remark that on i-693..or can he just remark that without evidence and go on my word

    thanks
    u need evidence. in writing.




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  • pappu
    11-10 10:57 PM
    USCIS Ombudsmun Report - Total I140 approved:

    Approved
    2000:89,583
    2001: 99,659
    2002: 93,533
    2003:62,281
    2004:67,552
    2005:94,211
    2006:104,168
    Oct 2006 to April 2007: 65,098
    found this on another site

    http://www.dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls

    dhs.gov/xlibrary/assets/statistics/yearbook/2006/table10d.xls



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  • brain_implosion
    12-13 10:05 PM
    HAs anyone used CC after primary 485 filed? I got married this year, spouse from non retrogressed country, but 485 filed in July 07. Does any one have exp with this?




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  • nixstor
    06-28 02:13 PM
    I am not sure if I am reading this right or not, go this page

    http://www.imminfo.com/resources/cis-sop-aos/3-7.html

    and read the first para. It says G-325A has to be processed only if the applicant has entered the US in non immigrant status less than one year prior to current calendar date of review.

    So any one who has entered US before (07/02/07) will have their G-325A trashed? I was under the impression that USCIS does use the biographic information to check with local law enforcement for the the past 5 years as stated in the G-325A. Any ideas?



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  • piyu7444
    05-08 02:21 PM
    :confused:
    I am changing job and moving to EAD from h1b. My 140 is approved and 485 has been pending more than 180 days. I am in EB2 category.

    Question 1 - New employer wants to inform USCIS about job change and I dont want to do so as it just might delay AOS process? suggestions/thoughsts?

    Question 2 - New employer wants to apply for EAD and AP via corporate attorney and I prefer that my attorney do that but if i will have no choice I will have to give up BUT can corporate lawyers apply for my EAD and AP without me changing my legal rep with USCIS?

    Question 3 - The job title was "Sr Systems Analyst" and now it would be "System Quality Analyst 5" 5 is the highest level in this company after which it goes to Tech. Manager. I dont see issue with the title...do you see any issue? (job description are similar-I would say about 70%)

    Question 4 - Salary at the time of filing 140 was 60k offered for the Sr. System Analyst position and now with the new job is 100k. Can that be a problem?




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  • desi485
    02-01 12:19 PM
    Finally after nine years in US my Green Card is approved.

    On this very day in 2001 i was in flight to USA

    1) Came to US on Feb 1st 2001
    2) Changed employer in 2002 and GC applied in 2003 in EB3
    3) After 2 years, changed the employer in 2004 and applied GC in EB2 at the end of 2004
    4) Application with the DOL sent to the BEC
    5) DOL approved the petition in Jan 2007
    6) Applied I140 in April 2007
    7) Applied I485 in July 2007
    8) FP completed and EAD received in September 2007
    9) I140 RFE Aug 2008
    10) I140 denied in March 2009 - Reason is Too may petitions from the employer
    11) Appeal sent in April 2009
    12) Once the dates are current in Sep 2009, i talked to the attorney and decided to file a new I140 with the same labor
    13) New I140 filed in Sep 2009
    14) Received a notice from USCIS to withdraw the appeal inorder to process the new I140
    15) Appeal withdrawn in October 2009
    16) New I140 approved in Nov 2009
    17) FP notices received in November for I485
    18) FP done in December 2009
    19) Infopass appointment in Jan 2010. Background check is completed
    20) Received CPO emails for both the cases on Jan 21st 2010
    21) Welcome notice mailed on Jan 22nd 2010
    22) Welcome Notice and Cards received on Jan 30th.
    22) I485 approval notices sent on Jan 26th 2010 - Did not received yet.

    For me it is a bumpy ride. I went through most of the steps in the immigration (RFE's, Denials, MTR's, Appeals ..)

    I wish all the best for all IV memebers waiting in GC queue or waiting to apply for I485.

    Thanks

    Congratulations! Don't forget to check this Wiki (http://immigrationvoice.org/wiki/index.php/US_Life_After_GC) for things to do now....

    Wish you good luck, and very happy for you. I wish all others good luck too.:)



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  • das0
    04-08 10:11 AM
    Check with a good attorney but as far i know, if you get paid by the for-profit consulting company (even if they place you at non-profit org), you will be subjected to H1B cap.

    If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.

    Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.




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  • rangaswamy
    10-04 08:10 PM
    1) Find employment in some company.. preferably a small one with india /overseas operations: - reason being they can send you to india / overseas and you can work from that country. Here also you will have a small problem.. you may have to switch to local payroll because your period will be greater than 6 months (i assume dec to oct 08)

    2) Get a job in a non profit... im assuming this is hard.. if its been hard for you to get a job in 9 months after graduating, narrowing down the employers will only make it more difficult.

    3)Enroll in some C grade school, where you pay less fees and then try again for h1b in 2008 quota but youwill have to be on F1 at least till then.

    4) Dollar rate is less, India Inc is doing well.. forget this place and go home .. get a good job... think about coming back through consultant some other time

    I know a lot of people who graduated in May 07 and are in this situation.. but you graduated in Dec 06 and should have been able to find a job in your field.
    If you havent so far.. then i assume your field is not doing so well or there are better candidates available.. both of which make your job hunt harder.

    If i may ask.. which university did you go to?

    A



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  • axp817
    02-03 07:14 PM
    "The AC21" is just a letter stating that you have switched employers and have a new job in the same occupation, similar wage, etc. under the AC21 law, in no specific format.

    My AC21 letter which was drafted by the attorney just states the above and is addressed to the USCIS on my behalf. I am the only person that has signed it, the only attorney reference on there is for sending any correspondence.




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  • the_jaguar
    01-25 05:42 PM
    TOI = Tabloid of India



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  • santb1975
    02-14 06:08 PM
    Are we??




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  • 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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  • aadimanav
    02-08 10:32 AM
    Ok. So if I summarize, you guys are providing the following ranges:

    22 Lakhs to 40 Lakhs
    20 Lakhs to 35 Lakhs
    12 Lakhs to 15 Lakhs
    3 Lakhs to 4 Lakhs

    That means, 3 Lakhs to 40 Lakhs. :)

    Wow! what a huge difference




    eb3_nepa
    04-13 09:56 AM
    People on here mentioned that there was a special provision for a a further 3 month wait for the director of immigration studies to examine it. Is that true?

    Now is 90 days a normal wait time, or is there something special in this bill?




    makemygc
    07-18 12:08 PM
    There's no need for you to be negative.

    Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....

    wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?

    That's exactly what I'm saying. Flowers campaign has run its course and it's not going to benefit anymore. We need to come up with fresh ideas.



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