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  • go2roomshare
    07-12 05:51 PM
    Will this be same if you are with same employer??

    I mean
    Having PD 2003 Jan - EB3 - approved 140
    Can this be used to file new I 485 with NEW PERM LABR - EB2??
    does EB2 140 needs to be approved ??





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  • Eternal_Hope
    05-10 05:07 PM
    If under the bullet point (b) you have an option to choose "other" then choose that.

    EAD is not a status; pending I-485 allows you to be "legally present" in the country without having a "legal status". Similarly, AP allows you to travel out of the country and reutrn without abandoning your pending I-485 application. (At least that's what my understanding is .....)

    All the best..... hope things work out well with your application .............





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  • vejella
    06-01 01:39 PM
    It does not make sense to me how folks who are on L1 visa and manage some people can go at par with the people of Extraordinary ability .

    I can understand if they holding a position where they make some policies/ generate bussiness that gonna have major impact on Employees or organizational direction ...

    But I have seen some people who not at par qualified has applied for GC on EB1 category just because they are on L1 Visa it is getting expired....

    But i feel that there is a big glitch in the definition of this category which many of the DESI Companies are abusing ....:(





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  • abcdefgh
    03-29 12:48 PM
    If you apply for extnsion, please keep in mind your parents stays in US until you receive their approval extension. If they travel outside the while case pending and if they try to renter before case is approved, they will deny at POE and cancel and 10 Year multiple visa. Be very careful here.



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  • chi_shark
    05-07 11:21 PM
    Hi Friends,

    Recently, my brother's wife got GC-rejection. Though, my brother has already received his GC. The reason is : her status was invalid for a month in US. She got different I-94 expiration date than him during her first visit in 1999, though they landed here together. But, her I-94 expired earlier than my brother and he extended her Visa based on his I-94 expiration date. My brother did not realize it until now.

    What are her option now? The attorney is applying for re-consideration based on husband & kids status (US born), but, they said chances of the acceptance are very slim. They are well settled here. Now, they need to go back to India just because of her GC-rejection. And of course she can not come back here again unless she applies for H1-B. This is very devastating for them after living here for more than 10 yrs.

    Has anyone faced similar situation earlier. I guess it is a very common mistake and there must be some solution. Please share your thoughts/experience.

    Thanks,
    hi_mkg

    i am thinking that this is a liar's post... i am very surprised that USCIS went to extent of finding H4 inconsistencies and denying a dependent GC... that would take the cake... it makes it sound like USCIS is out to catch people with the smallest slightest mistakes... i do not think that is the case...





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  • Jipjap74
    04-23 04:12 PM
    Who said anything about a 10 year old boy? Correct me if im wrong but this is a public forum and I can ask whatever question I want to ask. Its up to you if you want to answer it. All i asked was if anyone had come across this situation, if you haven't and you don't have a constructive opinion id rather you kept your snide remarks to yourself.



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  • eb_retrogession
    03-22 11:21 AM
    The webfaxes are effective! I just got off the phone with Senator Chambliss' immigration department. The person I spoke with (can't remember his name) mentioned the usual spiel: They were working on increasing the H1-B cap. They didn't seem aware of the retrogression issues. I clarified the problems we are facing and how they shouldn't be combined with illegal immigration and H1-b issues. He mentioned that the senate (with Senator Chambliss' help) passed legislation a couple of months ago to recapture visa numbers and was waiting for the House to pass the same measure. Is that true? In any case, our message is reaching the corridors of power. Good job guys!

    If my memory serves me right, I think Chambliss was a part of the conference committee for S1932. I would be very surprised if his staff didn't know that these provisions were taken off from that bill.

    prabir, try to follow up with this gentleman and see if he can give you a chance to talk f2f





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  • srinivas72
    02-03 09:53 AM
    Some please respond about my status...



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  • spgtopper
    02-12 09:52 AM
    Good find. Thanks for posting it here. Pl. continue to update all readers.

    Thank you,

    S.





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  • nixone
    07-30 05:09 PM
    Nixone;

    I really hope / wish you don't get audited.

    DOL claimed that the newspaper ad was sent to them without the date of it. So we sent them back the whole paper-page where the date is usually printed at the very top with my job ad on it.

    Good luck...

    I hope so too and thanks for your reply. I am still confused. As far as I know, you are not supposed to send/submit any supporting documents with your LC application unless it is asked for in a later date.

    Now my question is, did they ask you to submit the newspaper ad some point after your manager/lawyer submited your LC application online? It seems like you sent the just ad part and they were not satisfied with it and asked more evidence and you sent the whole page again. Did they deny your LC after you sent the whole page ad or what point did they deny it?



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  • amirani
    03-03 05:27 PM
    Get a labor attorney, send a letter of claim to the employer, and request action within 30 days. If no response and amount is under $5000 then go to small claims court, otherwise file a grievance with your state's labor department.

    Thanks for the response.

    The amount is approx $7000 and after deductions it will be just under $5000...can anybody suggest some good lawyer and what will be the charges...anybody else faced same issue in past....





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  • HereIComeGC
    04-22 02:14 PM
    This is ONLY EB2- India Priority dates from prior visa bulletins. Just FYI - no guesses no assumptions.

    Jan-05 C
    Feb-05 C
    Mar-05 C
    Apr-05 1-Apr-02
    May-05 C
    Jun-05 C
    Jul-05 C
    Aug-05 C
    Sep-05 C
    Oct-05 1-Nov-99
    Nov-05 1-Nov-99
    Dec-05 1-Jul-00
    Jan-06 1-Jan-01
    Feb-06 1-Aug-01
    Mar-06 1-Jan-02
    Apr-06 1-Jul-02
    May-06 1-Jan-03
    Jun-06 1-Jan-03
    Jul-06 1-Jan-03
    Aug-06 U
    Sep-06 U
    Oct-06 15-Jun-02
    Nov-06 1-Jan-03
    Dec-06 8-Jan-03
    Jan-07 8-Jan-03
    Feb-07 8-Jan-03
    Mar-07 8-Jan-03
    Apr-07 8-Jan-03
    May-07 8-Jan-03
    Jun-07 1-Apr-04
    Jul-07 C
    Aug-07 U
    Sep-07 1-Apr-04
    Oct-07 1-Apr-04
    Nov-07 1-Apr-04
    Dec-07 1-Jan-02
    Jan-08 1-Jan-00
    Feb-08 U
    Mar-08 U
    Apr-08 1-Dec-03



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  • dpp
    06-04 02:45 PM
    hi, based on my wife's experience(for H4 based on my H1B) they didn't give the I-94 valid till the full 3 years. They rather gave only for 2 years. Hence saying so.

    Yah, may be yours is a peculiar case. But it won't happen like that always. If it happens to be like that, then you can ask the officer right away to give it to my the end date there on latest approval. Sometimes they are lazy, try to give to the date there on visa stamp only. But if you insist and show the latest approval, then will do it or if he/she can check other officers there and give it to the end date there on latest approval. It all depend on us and we need to check it properly and make sure that they are putting correct info.

    For one of my friend, they gave few more days after the date on approval. So, they can put any date on I-94, if they want to. There is nothing wrong. It is upto the Port of entry officer.





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  • h1bq
    02-08 05:44 PM
    Might be slightly more than 6 months...But much faster than EB3/EB2 India/china....

    Are you saying this is just 6 months for GC thru L1A ? Wow !:eek:



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  • watzgc
    04-22 08:06 PM
    i had the same situation. your friend can apply for H1-B coz he is already counted. He'll loose whatever time that he is used on EAD and get the remaining time that is left on his 6 year period. If 6 years is already passed, he can still file for H1-B based on labor, 140 approval. In my case, my H1-B got denied coz of employer issues and i have an another H1-B with another company. Mean while i have filed AC21 with my new employer to be able to work..Hope this helps..

    Hi Sankar,
    Can one apply for another h1b if h1b extn not come thru and h1b already expired ?





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  • nrmarrivada9
    04-01 09:13 AM
    Well, it makes perfect sense to change the status to F1. And as you said that she will be going to dental school ( 2yr International program), i assume that the expenses will be sky high. F1 status would be helpful in securing the student loan ( for the future semesters) if needed.
    This is my advise.

    1) You don't have to do the transfer urself or neither there is a need for a lawyer
    2) The schools International Students Office will guide you on doing the transfer. They would give you the checklist of the documents to be submitted, the website links where u can download the documents, fee to be paid, etc.
    3) It is a simple and hassle free process

    -Regards



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  • Redeye
    04-10 10:58 AM
    But look at this from Prashanthi Reddy.

    http://www.reddyesq.com/GC.html#37

    I am presently on H1-B and filed I-140 and I-485 under Exceptional Ability & National Interest Waiver category, I got EAD (I-765) approval also;, can I do any part time job by using EAD as well as maintaining my H1-B status?
    Yes you can, as long as you continue to work for the employer that has sponsored you for the Green Card.


    I want to solid answer if possible no gray area type answers. I am done with gray areas. After 6 years of wait last thing I want is gray area :) that is reason why I posted.





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  • go_guy123
    11-03 04:47 PM
    Pls let us know if you would like to tell your story in a media interview?

    Sure why not.

    I came to us in 1999 did my masters here in US and graduated in 2001.
    I worked for some time on OPT and then went back to work in India.
    I came back in 2005 , the immigration situation being very bad with retrogression I applied for canada immigration from US ( from india
    there is a severe backlog...canada has a per immigration visa post backlog unlike us which has per birth country backlog)

    I recently got Canada PR , I joined the MBA here at U of Toronto.

    Had I been in my early 20s I would have thought about US imigration.
    Nowdays it take 7 to 8 years ....thats more than 10 to 15% of your productive life.
    I have talked to my friends ( from IIT delhi ) all of them have same opinion...its a lost cause
    now. Now that theyhave invested 5 years they dont want to quit.
    Only 1 in know who did MS in US and got GC. Rest were all PhD who got GC through EB1.
    EB2 , EB3 is all dead now.


    Now it too late I need to settled . How can I marry with the insecurity of moving from place to place in search of contract project, bodyshopper eating avay 30% of your billing rate etc.

    I have given up hope. There are challenges in Canada as job market is
    not that great but atleast I can sleep at night without having to worry
    about the immigration. Ihave one more friend working in Canada he also moved from US.
    The salary rate etc is lot lower in fact. On the whole Canada is hard for foreign educated...
    one of the reasons I am doing an MBA.


    1.5 years it takes for Immigration from US/Canada. Actually
    from Canada its faster but there is hope. The uncertainity in the US process
    is unbearable.





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  • Googler
    02-07 05:53 PM
    http://www..com/discussion-forums/i485-1/65787841/last-page/

    "I called up an IO at NSC and they said they are swamped with the news of the 180 day NC requirement. She did confirm that this was true and that cases were being moved into different areas in order to get assigned to Officers. Mine being one of them."

    So the USCIS finally knows about it :)
    On the other note, those 88 cents I spent to download that document from the court site are my best investment since I've bought a house. Anybody needs green points? :)

    http://www..com/discussion-forums/i485-1/65831051/


    What is interesting is that both Zest2003 and Zenfloater on are EB-3 India with priority dates in Summer 2003. So neither of them has a current PD.

    I had three separate conversations in the last few weeks -- with a TSC IO, with staff in Michael Aytes office and with staff in the Ombudsmans Office, all of whom confirmed that cases are not assigned to adjudicators if their priority dates are not current i.e. no preadjudication of retrogressed cases.

    I made strong arguments to both staffers about how unjust this is since if dates move, retrogressed cases won't be good to go, and unused visas go to less retrogressed or unretrogressed categories.

    Now these two posters on seem to suggest that retrogressed cases are being given to adjudicators....it would be great if other retrogressed applicants posted about what they are hearing.





    kshitijnt
    06-03 06:27 PM
    zaara dhek kar reply kar na yaar..
    the guy who posted....is definitely a "zombie".. ..chumma screwing around in life...

    Sorry... I thought he was a genuine person who turned to IV for help. Anyways, I didnt tell him anything illegal.





    buehler
    04-13 05:28 PM
    Aliens who have advanced degree in science,technology,engineering or math and have been working in a related field in US under a non immigrant visa during the 3 year period preceding their application should be exempt from numerical limits.

    Dependents are also exempted. So by itself it is a decent bill. Hope IV can add more amendments to it.