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Wednesday, June 8, 2011

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  • EndlessWait
    12-14 11:17 AM
    if so then its tough





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  • rheoretro
    08-18 01:20 PM
    The I-140 stage these days isn't very slow, but at one time in the not-too-distant past it was...





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  • milind70
    06-04 11:59 AM
    My PD 15 July 2002 EB3 India and
    I485 Receipt Date May 12, 2004

    Found that someone with Aug 2002 PD got approved on June 1 whose I485 Receipt date was May 2003.

    I guess USCIS does not go by PD to select who should be adjucated first but by what date the I485 was received. They are really ingenious and creative in finding ways to be inefficient and unjust.

    Oh well....

    IV is the only place that is doing a lot to change.
    Keep the good work IV.

    Have donated $200 under my name and $150 under my wife's name to IV

    Well this is always going to be there,FIFO is not guaranteed during adjustement of status.It is quite possible someone who has filed later and has a PD which is later is likely to be approved because this depends on various factors i.e case to case basis,FBI name check ,security clearance,immigration officer who is adjucating your case etc.
    But the good news for you is that your case has now has a available Visa Number and if your application is in order (as per the Immigration Officer)
    then u will get an approval.
    In other words your chances of your case /PD being retrogressed are highly unlikely.





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  • willwin
    08-11 10:55 AM
    What is the purpose of this poll? Why start from 2005 (and not from 2001) ?

    trueguy has a poll started for period from 2001 to 2004 and I have started this for 2005-2008.

    The limitation is that we can have maximum of 10 entries in a polling!!!

    Not sure if the core have more options.



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  • javadeveloper
    08-20 04:20 PM
    A consulting company that i had approached in early 2007 had filed my
    H1B on April 1st '07 for which i only have a receipt # as yet. This H1 is obviosuly under the CAP. USCIS decision reg. H1 approval is still pending.

    I was eligible to file for AOS / EAD thru my husbands GC petition and now do not want to take any job on the H1B with the consulting company. I have a offer from another company....i can join then when i get my EAD. They are willing to wait till i get my EAD.

    Some concerns i need help with -
    1)How does the contracting company withdraw or VOID my H1. ?
    2) Do we have to wait for 797 approval to void it.? Or can they VOID it using only the RECEIPT # ?
    3) If H1B is approved in the next few weeks then does the petitioner have to void it before the start of fiscal year - October 1st 2007.?
    5) Does a attorney need to be involved to withdraw this case ? What is the exact process of nullifying this H1B.? Are there any specific forms to be filled out.???
    6) What kind of documentation would i need from the petitioner who is withdrawing my H1B...Like what evidence do i need to get from petitioner that he / she has actually withdrawn this.??

    Also are there any DOL or USCIS rules which state that - the employer has to provide me with copies of the LCA, I-129 petition, Letter that he writes for voiding the H1B. I should be entitled to recieve copies from the employer right..?? allthough i will not work for them..! Can somebody direct me to a link on DOL or USCIS which tells me that the employer should give me all these copies.

    Thank you!

    You are supposed to get LCA from your employer.If you don't get it you can complain to DOL using Wh4 form(http://www.dol.gov/esa/forms/whd/WH-4.pdf I heard some form is available to cancel the pending H1 , but not sure.





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  • sammyb
    10-09 04:01 PM
    chandu... seems am only one visiting this thread ... lets see how many people responds ... :D


    Come on folks - all the way to Riverhead we have tonnes of people living in these areas affected by Retrogression.

    EAD is not a solution - EAD just makes our life a bit easier than on h1b - the struggle continues even on EAD.

    How can you expect govt to fix your problem if you lack motivation?

    Lets start mobilizing the chapter

    Remember, we are no VIPs, we are in a mass distribution system and no one has special previlidges here, your lives won't change uless you motivate yourselves and speak up for yourselves.

    We need a very strong resprsentation from everyone in the community.

    Ignoring our requests only puts all of us in a tougher situation



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  • visshy
    09-13 03:40 PM
    o ok. how abt the insurance at that time? will she be covered or does that drop off too?





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  • backtoschool
    01-10 06:30 AM
    Friends,

    As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)

    My last discussion wirh Immi and employer drove the nail in the coffin.

    I would appreciate any suggestion fromfolks like you.

    Outcome:

    I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)

    Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.

    I have few more weeks before I see this opportunity slip by.

    Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?

    Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.

    Thanks for your time



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  • jotv
    10-16 11:14 PM
    :(hi gcpadmavyuh ,

    here is my question i got h1 that is starting from oct 1st and i got ead also .

    i dont have ssn also . my i-94 got expired.

    1) now i am on which status ?

    2) how to come from h4 to ead in my situation ?

    3) how to actually use ead or h1 ?

    4) should i get salary( payroles every month ) on h1 from this oct 1st onwards ?

    5) in my situation how uscis will recognise am i using ead /h1 /h4 ?

    6) in my situation if i got ssn and driving license after showing ead card in that offices , but i didnt work until this year end then by the year end on which status i am h4 or ead or h1 ?

    7) in my situation if once i used my ead is there any chance to come from ead to h1 in future if i need ?


    please clarify this doubts . please other experts suggest me.

    thank you in advance





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  • LostInGCProcess
    01-02 10:29 AM
    Hello All,
    Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.

    No you don't have to renew EAD to maintain AOS. EAD is one of the benefits (or privilege) you get while your GC application (I-485) is pending. If the person is not going to work, there is no need to renew EAD. Also, same for AP. If you don't intend to travel, no need to renew AP each and every year.



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  • mrajatish
    01-22 10:36 PM
    Definitely there is a plan. Let me put it this way -
    1. There is a lot of work to create a non-profit org. and the initial founders of this org. has achieved that.
    2. Once you set up a non-profit org., you are audited by IRS to make sure that none of the funds are used for personal expenses. So, there will be no misappropriation of funds.
    3. I think it is pretty clear that a large part of the money will go towards lobbying.
    4. People are spending money to go to Washington DC from all across US - that is where they are making the plan.
    5. Please call the number on the website for a couple of minutes to find more details.

    Remember this organization can be a huge factor in deciding how long you will have to wait for your GC.
    Thanks,
    Raj





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  • sunny1000
    05-04 01:41 AM
    Thanks shar533 for the response. I want to travel by road though and I do have a valid visa.

    I just need to get a new I-94 that matches the date on my I-797. I did try local CBP office and they were not willing to change it. They wanted me to apply for I-539 to extend status. So I thought its easier and faster probably to cross the border and get a new I-94.

    My question is, If I travel to Canada on my current H1-B to renew my I-94, does it invalidate my pending AP application. Anyone?

    Thanks

    Your pending AP does not get invalidated (or even come into picture) as you have a valid stamped visa (I am assuming) and your I-94 will be stamped as "Admitted" rather than "Paroled".

    It is the Green card application that is considered "abandoned" if you travel without a valid AP, IF you DON'T have a valid dual intent visa. This situation does not apply to you right now.

    Good luck with your trip!



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  • ItIsNotFunny
    03-04 05:52 PM
    Sorry!!! Handle?? Short Name??? I did not get it

    Your handle is sliggggghhhhhhtly longer than usual. Was just making 2 seconds fun. Please don't mind :)





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  • manand24
    07-27 02:55 PM
    Even though receipts are generated based on received date, I assume they will process by priority date , if not what is use of priority date after filing I-485?
    Gurus, any body know how USCIS will process 485 applications?

    If the dates are current, then from what I have heard is USCIS will process the 485 applications based on the RD, if the dates are not current then it is based on PD.



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  • sledge_hammer
    01-15 12:44 PM
    Since when did the regime in China become "rouge"?

    This should pose no problem. My uncle who was also an ex Army officer got B1 to visit his kids here. I also have a friend who is retired from the Army and is now on H1 also waiting for GC. Only problem will be for Army personel of Rouge regimes like China, North Korea, Libiya, Iran, Some African countries and Kamer Rouge etc.





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  • funny
    08-13 01:19 PM
    Hi Funny,

    When were your respective I140s approved ? Were they with the same or different employer ?

    Same employer, both of them were approved around mid 2007.



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  • WaldenPond
    12-30 02:02 PM
    For any new comprehensive immigration reform, we must push for the Ability to be able to file for EAD after labor rather than having to wait for I-140 approval.

    Do anybody know if any of the proposed bills have this provision? We must get together to push for this in the final bill as this doesn't harm anybody.

    Thanks,
    WaldenPond





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  • yestogc
    05-31 05:06 PM
    sorry.............

    Will Obama Follow his footsteps ?





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  • shree772000
    06-09 04:00 PM
    Delete this useless thread!





    pkv
    06-06 04:34 PM
    I'm in CA and my I-140 was approved by TSC (E-filing) and I-485 is pending at TSC (was filed at NSC initially).

    here are my questions, I need help on...
    1. If I file EAD now, where should I file?? TSC or NSC?
    2. If its NSC (since I'm live in CA), will this filing trigger transfer of case from TSC to NSC??

    who wants to be mess with NSC :)


    Thanks,





    YesWeWillGet
    09-09 10:55 AM
    Hello All,

    I was in H4 status but currently in AOS Pending Status. Is it possible to request for filing F1 thru my current school while the candidate is in AOS Pending / I-485 Pending Status. I would like to obtain the F1 thru school even though my I-485 is in pending status. Firstly, Is it possible to change the status from AOS Pending to F1. Secondly, what would be the process to obtiant the same.

    I would really appreciate your feedback / inputs on this regard.

    Thank you,



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