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  • wandmaker
    02-26 04:37 PM
    10 days back My employer called me and asked provide some more documents , so that they can appeal to USCIS....

    I was working on getting those documents, I was in constant touch with my employer...

    two days back , he suddenly called me and said that as amandment is denied I have to leave US with in next two weeks and they don't want to appeal against the RFE denyl

    If you call a nurse help line and tell them that "my kid living farfaraway city, he is sick, what options do I have to make him recover?" - The answer would be take him to a doctor. Same analogy applies here, Just mentioning 'some more document', 'doubts', 'working on getting those documents' does not give any of us the big picture. Consult an attorney and decide your course of action.




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  • DudefromBombay
    09-23 01:20 PM
    I am eagerly waiting for the Nov Election results. Can't wait to see Democtas losing House and Senate and can't wait to see the Back of "BARRACK"




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  • thescadaman
    03-24 12:53 PM
    Nice interview. Thanks Mark! I enjoyed your responses. You were well prepared with facts to support your points.




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  • agc2005
    12-25 08:38 AM
    kish006:

    Actually I and my wife recieved EADs with photos got swaped and then we sent back to USCIS with the following docs and yesterday we got the new cards.( I haven't recieved my AP yet, may be they also having the wrong photo on it i don't know yet).

    1) write a Letter to USCIS explaining the problem
    2) EAD Card
    3) New photos
    4) New I765 application without fees(If it is USCIS Problem otherwise you have to pay)
    5) Passport photocopies.



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  • cin45220
    03-28 03:10 PM
    Thanks, snathan.
    Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.
    Hey Dazed,

    How much time did it take you to get the refund?

    Thanks,
    -CinBoy




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  • hmehta
    12-14 01:16 PM
    Best course of action would be to go to your Home Country during that period....visa stamping is not a big deal at all.....njoy your vacation...for you might not get this much off/free time in the foreseeable future!!!!

    You can not work after 7/9/2007.
    The end of the OPT will determine when you must stop working.
    The 60 days grace period is only for you to take care of business before you go back home. In your case you must wait for 2 months and 24 days before returning to work otherwise you will be in violation of your status.

    andy



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  • Ramba
    04-13 06:13 PM
    Hello All,

    I came across this site while researching for *urgent* solutions or options that my friend needs to pursue or has.

    These are my friend's details --

    EB3 -- India.
    I140 approved in July 2007.
    485 filed in July 2007.
    MS in Engg from USA.
    MBA in Finance from top ten school in USA.
    Has applied for couple of patents in tech field.
    Author of few papers in tech field.


    My friend worked for his green card petitioning employer for 7 years in a technical position on H1 visa. He had to leave this job under some unfavorable circumstances around a month back. He has now taken a job as Marketing Manager for a big firm and is using his EAD. Two weeks back he has received an RFE on his 485 application. (Very curious and bad timing indeed too). This RFE needs a Employment Verification Letter. The current position that my friend works as does not match the position description on his labor petition. The RFE reply needs to be sent in within next 2 weeks.

    What are his options to reply to the RFE? One of the lawyers that was consulted said that since Green Card is for a future position, he needs to get a legit letter from a future employer that the employer is willing to hire my friend after he gets his green card.

    Also suggested were EB2-NIW and self-employment options.

    What would you suggest -- best course of action? Would you know anybody who has gone through a similar situation. Any fallback options that my friend needs to evaluate?

    I really appreciate all your replies. Pl treat this as very urgent.

    Thanks.


    Please post the occupation classification and the Onet code for the initial job for which GC applied. Also post the job descritipn/duties of the job; if known. Also post the currnt job dutiers and title. I can tro some lights.




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  • txh1b
    08-18 11:37 AM
    To be safe, once the h1b is approved, I would suggest that you travel and enter again so that you become eligible to use 245(k) rule if needed during your GC.

    If not, there is a risk for everything from the date you lost your job till your re-entry again to be considered as out of status/unlawful employment as per my lawyer.



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  • signin241
    04-04 02:36 PM
    My wife couldn't file her 485 as we got married in September. That's why I've to wait for her to get a valid visa (H1 if her file is picked in the lottery), else
    F1 later.

    Then If I use EAD, Is there any risk to her or myself ??

    Is it Possible for me to come back to H1 once I start using EAD. (I have H1 valid till November 2010). ??

    Thanks again for your response.




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  • raju123
    05-15 10:39 AM
    Unless water tank and pipeline become totally empty, there are chances of PD retrogress again anytime. When?? it depends on blessing of DOS official setting PDs. Cross the fingers and hope that it move further so that maximum people file I 485.


    It is going to go back that is 100% gaurenteed, when that is the question. I have a pd of august 2005 eb2 will I make it before it retrogresses :confused:



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  • Jeff Wheeler
    11-27 04:36 AM
    Hmm... I didn't know about AIR issues you mentioned.. ;( On PC it works great, and people at Adobe (as I can see on videos) use Mac OS as their primary OS.

    AIR on Linux is in beta, and it�s no question why. It�s a second-class citizen.


    btw considering Mono... We had an ASP.NET app that had to be ported to Linux.. We did it with Mono, but... there were huge problems with memory leaks.. So colleague had to rewrite it completely in PHP.. So, my (bad) experience tells me not to use .NET on Linux... Perhaps they fixed it though? Ugh, somehow I don't believe that Microsoft cares for any other OS but its own.. ?

    ASP.NET may be different from normal .NET apps, but there are many first-class C# apps that run in Mono�s runtime environment that can be ported from *nix to even OS X.

    I can�t speak for your experiences, but if you rewrote it in PHP, it probably wasn�t intended to a normal GUI app in the first place. PHP is an odd replacement, if so.




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  • mantagon
    07-24 12:32 PM
    Did you say your H1 was valid till Feb 2009? In that case, at this point, you are out of status.

    I have question Need Urgent reply

    I have H1B valid till FEB 2009 but it is not stamped on my passport. I entered in US with AP. and my I140 got denied I have sent the appeal and received the receipt for appeal. but after sending I140 appeal my I485 got denied. I have sent appeal for I485. Not received any receipt yet.
    I have renewed my EAD and travel document before I485 denial

    my question Is,am i legal to stay in US. I am just confused reading different posts with different response.
    can some some body help me understand this situation.



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  • dpsg
    04-08 11:02 AM
    As always appreciate your efforts.




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  • rjgleason
    September 27th, 2004, 08:57 AM
    Rob, What have you been eating? :D

    I did hear, however, from a reliable source, that Canon will be upgrading the next 1D Mark II to have an in-camera phone.



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  • LostInGCProcess
    09-18 04:25 PM
    If I work little less than 40 hrs will it be considered as part time? Can I use EAD at that time ?

    NO. Once you start using your EAD, whether part-time of full-time, it take precedence and your H1 becomes invalid.




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  • razis123
    06-16 10:13 AM
    Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?

    education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.

    You can potentially get two questions in the RFE:
    - why does the job need a Masters (EB2 justification for LC)
    - why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).

    Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?



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  • DallasBlue
    07-13 09:50 PM
    Special thanks and hats off to all who are participating in the rally !!




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  • jr8rdt
    11-12 05:32 PM
    1) To invoke ac21 do you have to have EAD and ...

    a) I-140 approved and 485 pending 180 days or more OR
    b) I-140 pending and 485 pending 180 days or more


    2)Assuming I-140 is approved and 485 has been pending for more than 180 days, has valid EAD and the person invokes ac21. What about if employer revoke the I-140 (which has been approved)...will it has effect on the GC app? or once I-140 is approved that's it. you are free...

    Thanks




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  • jonty_11
    01-15 12:07 PM
    Problem is it will be another $500 expense (Test plus air Tickets) as the test center is not in my state/city.

    I do have a Masters from US and 6 plus years expirience in US.
    I had written a detailed letter explaining all that....I am going to try to take it withing 120 days as stipulated in the letter...




    looivy
    11-19 02:06 PM
    I have H1B visa stamp on passport with my old employer and I have AP, EAD and H1 approval with my new employer. I am planning to travel to India in December. If I use AP on my way back, does that annul my H1 approval with new employer. Pl advise.




    eb3retro
    06-17 05:51 AM
    Years and years of waiting? no kidding. Look at my priority date. And there are people waiting before me. You used a pre-approved labor and have been waiting in the GC queue from what 2006? Dude, in today's world, a reasonable wait for eb3-is anywhere between 10-15 years and eb2 is atleast 5-6 years. I am not mad that you used a pre-approved labor, though in my personal opinion, its a taboo. I am just saying you are lucky enough that you may get your green card much quickly than people like us who have been waiting atleast 8-10 years and trust me, people like your case, usually should be happy.

    Well, I understand that. But, when the stars line up finally, I don't want to see my application having problems because I used a pre-approved labor.

    it would be encouraging to hear from folks who got their GC and used pre-approved labor. Years and years of wait should yield something, and just not plain disappointment.



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