Wednesday, June 15, 2011

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  • gc_dream07
    02-01 01:22 PM
    If you have enough money, invest 1million in US, and get GC, and buy peace of mind.





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  • ayazali17
    12-18 07:08 PM
    One more question. Does a person with EAD (I-766) considered a permanent legal resident? The reason why i asked is because i was filling out a form to open a Scottrade account, i was stumped on this question, so i thought i asked someone here to verify.
    Thanks for answering.





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  • psaxena
    06-22 07:54 PM
    to get some smile on your faces..

    Still thinking what Jeniffer(Usha ji) will make the immigrants do.. may be ask to make some pasta!!





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  • sayonara
    09-11 06:20 PM
    i am not sure if my lawyer has the receipts. my case was sent on 6.29.2007 and received on july 2nd.
    i got my FP notice (for my wife also) yesterday in mail for 9/25 appt.
    from the receipt number on FP notice i checked it on USCIS website. it says that they received the 485 app on 30 aug. and the LUD on 485 is 9/3.

    Did your 485 get transferred to another center?

    I am asking because my 485 was filed in NSC, went to CSC (along with my EAD and AP) and I got a transfer notice from CSC that my 485 has gone to NSC and the RD is 28th (I am a July 2nd NSC filer). Trying to gauge if my 485 receipt notice will have Aug 30th or July 2nd date.

    TIA



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  • Escape_Velocity
    09-23 07:57 PM
    You can join the new employer either on H1 or EAD, though keep in mind both these options are mutually exclusive...





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  • snowshoe
    12-18 08:53 AM
    Raj,

    Thanks for your reply, even I have heard the same from some sources. But there are others who recommended getting a tourist visa since I am not going there for H1-B stamping. Hence going to the Mexican Consulate in New York tomorrow.

    Can you please let me know:
    - which Mexican consulate did you get your Mexican tourist visa?
    - did you take an appointment before going to the consulate?
    - what documents did they look at (they list quite a few on http://www.consulmexny.org/eng/english.html, just want to know which ones they really asked for)
    - did you get your passports back the same day? Did you wait for the stamping or they asked you to come later in the evening.


    Thanks again.

    Buddy

    When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.

    Thanks
    Raj



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  • go_guy123
    01-04 10:30 AM
    This decade was lost because the Hispanic caucus was hell bent on Comprehensive approach...all or nothing model...and therefore got nothing.





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  • nonimmigrant
    03-31 06:16 PM
    Congratulations. Enjoy your freedom.

    What is the process did you followed to port from EB3 to EB2 ?

    New Labor with EB2 Job requirements
    I-140 Approval
    Port Over EB3 priority to EB2 after I-140 Approval

    (or)

    Do we have any other route to port over from EB3 to EB2.



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  • chanduv23
    07-27 09:51 AM
    I searched for my IV handle, and all my messages showed up. Impressive





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  • drak70
    03-08 10:42 AM
    Here is my experience

    My 140 got denied. 485 showed was pending online. I maintained my visa status separately at all times and I filed and MTR within 30 days .t never got denied online at least

    As per my discussion with 2 big shot lawyers office. While I-485 denial usually follows I-140 denial, they are NOT automatically done by the computer. ie someone opens your 485 file and signs off on the denial, based on 140 denial

    In the MTR filing the lawyers specially requested that the 485 filed concurrently be also reopened consistent with the decision of the MTR.in my case MTR was successfull 140 got approved and 485 also got approved after 6 months


    In your case keeping working on EAD is dangerous because 485 denial will and can occur anytime and it will leave you scrambling for status cover.Dont depend on online status check. My temp GC was stamped by USCIS even though it shows pending online



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  • kumarc123
    01-15 06:23 PM
    I called but I got the immigration subcommittee's VM. I left a message with my name and the reason I was calling.

    Thanks for calling, try to call again, and ask the receptionist to transfer to the the person who handles the immigration department. Tell him the need for recapture visa bill, as you plan to buy homes. And how this bill will help in towards minimizing the housing crisis and the downfall of the economy.


    Please I humbly request all IV members to call her office.



    Thank you





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  • GCplease
    07-30 09:16 AM
    Dear Experts and Attorneys:
    Here is my situation:
    My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
    I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
    My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
    After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
    Now I need your expert advice on the following situations:
    1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
    2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
    3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
    I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
    I greatly appreciate your responses.
    Thank you.

    These are just my views. Please do not take them as is. Check with an attorney.

    1. Joining the same company would be ideal because you can continue your 485 process. Pay hike of 15 % will not be a problem. your attorney should be able to explain that in case there is a rfe. but make sure that the job title is the same.

    2. For AC21 after 6 months, you should be in the same profile. Pay hike is okay I think. A normal 5 % will not be a problem, but 15 % may be. But I still think the attorney will be able to explain. Check with him

    3. getting a new job and filing your perm labor and I-140 should be okay. If all goes well, you may reach the 485 stage in 6 months. But the question of retaining your priority date depends on your old company not revoking your current 140. If they do, you lose your old priority date. There will be a lot of uncertainities here. But becasu you still have another 3 years you can try this route.

    4. 2 weeks without a job may not be that big of an issue.


    Again, these are my personal views. Your attorney can explain things much more concretely.

    Good luck.



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  • deecha
    07-16 01:25 PM
    Hello,

    I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.

    That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?

    Thanks for going through my post.

    This is a huge gray area and I find myself in a similar predicament. According to AC21 if you change jobs, you must be in the same or similar occupation. Now, if you're going to file EB2, then obviously the job has different requirements. If you can somehow prove that the new job is "similar" to the old position, yet it requires some kind of advancement to justify EB2, you can do what you're attempting to do. Maybe software engineer --> technical architect is justified under AC21, however technical architect needs (say) 7 years of experience + Bachelors in CS. I believe in such a situation, you should be ok. However I don't think you can count any experience in your new company towards the EB2 sponsored in your new company.

    In any case, I am not a lawywer. It's best to consult an experienced attorney and get this sorted out.

    One more thing, I would highly appreciate it if you could post your findings in this thread/forum.





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  • pappusheth
    05-02 11:51 AM
    based on what bbct said, they'll give me i-94 with expiry in Aug 2009 which is my visa expiry date (I don't have AP). just curious.. how does the i-94 expiry date matter? what significance does that date have?

    Secondly, my wife does not have h1/h4 but has an EAD (485 pending status). She will be entering with me using her AP which is valid thru June 05, 2009. I'm guessing entering US should not be a problem since we're entering on May 11th. But I guess the expiry on her I-94 will be June 05, 2009. Again, what role does that date on I-94 play?

    Thanks guys for your replies. I've found it very helpful to clear confusion and have peace of mind while travelling.

    pappusheth



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  • kaisersose
    12-07 12:19 PM
    Thanks for replying KaiserSoze...nice name btw, hope you are not a figment of imagination like the one in the movie ;-)

    I don't intend to be intrusive, but are you currently on EAD? Or do you plan to move to it?

    I have also read at multiple places that the receipt date is the date from which we start counting 180 days for AC21. I believe that this date still holds true when one's case is transferred from say NSC to TSC. Does anyone know this for sure?

    As luck would have it, my contract with my client ends on the 183rd day of my receipt date! Hence this and the original question

    I have my EAD for a rainy day.

    In some cases where transfers from one center to another affected the RD, the concept is gray. if you are a risk taker you can try to swing it, but I do not recommend it. Check the RD on your 485 receipt. If it is 180 days from that date you are fine.

    The only problem that can come by moving earlier is your employer may revoke your 140. There is no reason for them to do it, except out of spite (earlier they had the advantage of reusing the labor for someone else). If your relations with your employer will be smooth even after you move on, then that risk is alleviated.

    Also remember that your 140 should be approved before you invoke AC21 to avoid potential problems from that area.





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  • lostinbeta
    09-06 04:01 PM
    There are multiple ways of doing it. I use your way, but I was trying to go a way that was easier to explain so if anyone who is new to photoshop read this, they would understand.



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  • gcformeornot
    01-10 06:13 PM
    please





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  • mallu
    08-10 09:17 PM
    i'll believe it when i see it. too much talk no action. it's too good to be true, isn't it? maybe our childrens' children will benefit from it.

    I think, similar to DOL backlog elimination centers, they will pull all the pending
    cases and put them into a new system. The data entry for such an excercise will take 2 years. Afterwards the real processing will start.





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  • jr8rdt
    01-06 06:55 PM
    I am interested with this topic as well. can somebody confirm that once we use AP to travel we can still work on H1 and don't have to invoke EAD?





    21stIcon
    12-21 08:44 AM
    Excatly, you got it. at the end of year w2 should have 100k as a salary not after employer deduction.





    ita
    01-16 11:13 AM
    Thank you so much vin13.

    So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
    So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?

    Thank you again.

    Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).

    You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.

    Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.



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