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  • apb
    09-14 01:26 PM
    did anybody see any lud on their case?




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  • vxg
    08-31 02:03 PM
    Best thing is to apply AP online. I did the same and got the FP notice 2nd time. Planning to do it again this year end.

    kanaka

    The FP done for AP does not apply to I-485, the two are separate.




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  • raamskl
    07-22 01:17 AM
    Hi,

    What happens if a EAD is obtained for a person on a h4 visa and the person does not work or works partially? Is that an issue, like bench period being an issue while on H1.

    I am thinking that, that should not be an issue as one doesn't need a visa to get back to the country while on EAD, as AP would be available. And potentially bench period turns out to be an issue in H1 becoz consulates tend to look at ur W2's from previous years while u go for stamping, which wouldn't be the case while on EAD. Am I right?




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  • leonqiu
    06-14 09:06 PM
    What do you mean by AP and EAD delayed? Once you have applied for your 485 and all things considered OK, you should get your AP and EAD. If dates retrogress again, you will have to keep renewing your AP and EAD till you get your GC. How long it will take to get AP and EAD? Right now, I believe it will take a lot longer, maybe upto 6 months given the load of apps. they will receive.

    looks like the sooner you submit the package, the better !!! even if I don't harbor any hope to get my GC before mid-2008.

    Status:
    PD: May 2006
    I-140 approved.
    EB-2



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  • SGP
    04-14 06:29 AM
    Hi,
    I am trying to find a job under the "new H1-B quota" after leaving the H1-B status last year even though I did NOT exhaust my initial 6 year quota.

    So, can you

    1. enter the US on B2 for a job search from June 2011 - September 2011 - Yes
    2. leave the US on September 29, 2011 ( right before October 1, 2011 ) with a new H1-B quota I-797 - Yes
    3. get an new H1 stamped outside under the new quota with a September 20 - October 7 , 2011 consular appointment date - Yes
    4. enter the US for the job right after getting the visa stamped on let us say on October 15, 2011 - Yes

    and not raise any of the following red flags :

    1. Why is this person applying for a new H1-B visa right after returning from a B2 after such a long stay ? No Flag will be raised.

    2. Did he complete 365 days outside the US since I had a previous 6 year H1-B. I would have done 365 days outside the US by June 2011 before re-entering on B2 - If you meet the criteria of staying outside the US for 365 days, then no flags should be raised

    3. want to be a little careful since between June 2010 - June 2011 I have made a few 3-4 days trips to the US on B2 already throughout that time ? Does this hurt anything ? Would the consulate for stamping care about this or the USCIS or both ? Are the 365 days supposed to be continuous ? If you have not entered using H1 status you should be fine

    4. I dont want to change status from B2 to H1-B since people say this is very risky. Any comments ? Yes do not change status in US

    5. Would the consulate cancel my B2 visa after stamping H1-B ? - No they will not

    Please advise on where I should give gaps in my timeline or would cutting it so close work ?- Don't have reply for this. Sorry.

    Please see my replies in Bold Dark Green.
    ____________________
    Deadline = April 30th, 2011
    Goal = 5000 votes on survey (see I-485 filing w/o current PD thread) and momentum to continue with this campaign.The survey is a platform to gather and push for launching action items. Based on response by 04/30/2011 - IV will decide whether to even proceed with initiative or not.
    Actions - 1) Vote on survey.
    2)Email ivcoordinator@gmail.com with PD, ph#,email & subject "I485 filing impacted”,
    3)Print/Circulate Fliers and spread FB, wiki link (see "support thread")




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  • chanduv23
    05-19 03:46 PM
    Thank you Chandu for the reply. You are right about the info pass. Yesterday I took the info pass. I thought it would be very helpful because I can talk to IO face to face and explain my situation in detail. One thing I would appreciate about IO is she was very patient and she tried to understand my case fully. But at last she said she cannot help me. She said the only option I have left is just to wait to hear from AAO. She said her daily job is to give the latest status of the cases, giving immigration forms and help people if they have any doubts.
    I asked her that can I file EAD when my MTR for I485 is pending with AAO? She was not sure about it. Then she made a call to Nebraska Service Centre and found out that I can file EAD. I need to attach I290B receipt along with EAP application form. I am just wondering has any one has done this before? Is that really possible?
    Thanks
    Raj

    Well, I am not sure about it. I have been told that one cannot renew EAD AP if 485 is in denied status. As you got it from the horse mouth, you may try doing it.

    Approach your local congressman's office and tell them about your appeal and see if they can help



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  • mayhemt
    07-03 11:04 AM
    You guys still dont get it..do you??
    Why would they ban non-immigrants from investing when there is ZERO loss for the country?
    Its upto each individual to evaluate their priorities and go ahead and move their investments. I have already done it as I am just an alien waiting for permanent residency and I do not want my money stuck in any of the investment vehicles in a foreign land making it difficult for me to take it along with me when the day comes to leave the country.

    Well for the why part...Its absurd, I understand. But then why is there country limit? Why is H4 not same as L2? There are absurdities and depends on the perspective you look from.

    Why would they ban?? If they have compelling point like "To protect Americans assets against speculation and to preserve capital within the country".

    I also see that it is individual's prerogative, however the point here is to show some numbers we (L1, H1, EADs) are responsible for & hopefully, grease the wheels towards smoother status adjustments.




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  • krishnam70
    03-26 12:28 AM
    My case details below:
    EB3 INDIA
    PD of Jul 2004.
    I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
    My employer had mentioned a salary of 87,000$ in my labor. --> what does your H1 LCA say?
    My 485 was filed way back in Sep 2004. OK
    My 140 was approved way back in Nov 2004. GOOD
    I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.you are good here

    2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$) --> your current employment is on H1B/A or whatever you need to be worried about the salary mentioned there
    2005 W2 – shows 57,000$/yrsame as above
    2006 W2 – shows 50,000$/yrsame as above
    2007 W2 – shows 58,000$/yrsame as above
    2008 W2 – shows 67,000$/yrsame as above

    Never changed employers nor job titles. good

    My concerns and questions below:

    Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor. YES if your salary is less than what is on your H1B/A LCA application if not then you should be fine

    Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here? same as above, GC is future job you will be fine

    Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.only USCIS can tell

    Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP? How will it help? talk to an attorney

    Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?you can try but i this current scenario it might be difficult to get PERM approved and then your company needs to prove you are eligible for EB2. If they can and you are eligible you can port your PD and you should be almost current.

    Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC? Technically there is nothing such as bench. You should get paid. However there seems to be an interpretation that in a current year if you get paid more than what is mentioned in your LCA(H1) you are safe. I would speak to an attorney about this.

    Thanks.

    - cheers
    kris



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  • prioritydate
    08-14 01:02 PM
    A US company is a US company, be it Microsoft, or Cap Gemini, or whatever. For all you know, you may be working with Oracle's consulting division. Are you considered direct employee for Oracle or from a consulting company?

    I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.

    I do not think there is any logic or facts to support this argument.

    Well, I didn't said that I just proved my theory. It was just an assumption.




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  • nikunj007
    03-11 01:48 AM
    applying for multiple petitions with multiple employers is, as of now, legal. Even if they can track those applications, they can not just reject on the basis of multiple petitions. But, it may be difficult to convince it during the interview..



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  • meridiani.planum
    05-20 04:00 PM
    Its the same story everytime, they will use the AgJobs and effectively kill everything. We, a significantly impacted minority, will end up getting screwed because members were more interested in reading the forums instead of educating the lawmakers.

    Recapture does not increase the number of visas, it simply uses the unallocated visas. If they cannot understand this simple argument then what hope do we have. The anti immigrant forces make it sound like the bill will unleash a wave of immigrants.

    yup. same old mess. Try to get ONE thing for EB immigrants, and first the nurses lobby jumps on the bandwagon.. atleast its all still legal immigration at that point. Suddenly agjobs and DREAM also board the train bringing the 'tainted' illegal immigration angle into this picture and soon its a big fat mess that no one wants to touch. sad state of affairs.




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  • perm2gc
    07-02 11:21 PM
    Thanks for your replies.

    My original H1 expired last week. And I do have EAD. But need to bring my spouse in few months on H4. So can i use my EAD while H1 MTR is filed. And then go back on H1.

    You cannot use EAD to bring your wife,you need an approved H1.



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  • hebbar77
    03-12 08:08 PM
    I had same problem. I was told to re -apply after i called in feb (after 30 days of approval).
    Next day I called again, and used s**t word on them. Then they told me that they might not have sent it. Meanwhile I also got status change of case transfer. Few days ago status changed to document sent. I am waiting for the document. Hopefull I get it. At any cost I will not spend a penny on immigration anymore let alone re-applying for AP. I rather party or do charity with that money!




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  • BharatPremi
    07-27 12:46 PM
    Instead of starting a new thread. I would appreciate if someone answers a few questions regarding Check details that we send out to USCIS.

    Went to lawyers office last week and signed all the applications. I made out onc check in the amount of $745 ($395 I-485 + $170 I-131 (AP) + $180 I-765 (EAD)) Payble to U.S Citizenship and Immigration Service. Now when I see the forms online it says the checks should be payable to Department of Homeland Security. Should I ask the lawyer to hold on to the application and send new checks.

    Also , should I write three separate checks for $395 $170 $180. Just to make sure if there is an error in say Advanced payroll application, USCIS will keep the two check and send me back the Advanced Parol application.

    Making separate checks is highly desirable and one should always follow that path. I am wondering why your lawyer did not advise you on this at the first?I have heard that USCIS accepts the checks drawn on USCIS in stead DHS. But 'DHS' is more accurate choice so If you can get them hold for a while I would recommend you to do that not because those were drawn on USCIS but because it was a single check. And since you can hold, you should write separate checks drawing on DHS.

    Note: This is just an opinion. Consult your own lawyer for immigration need and advise.

    Adding to this: Per person per application separate check should be drawn.



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  • akhilmahajan
    04-23 06:48 PM
    First of all congrats for your I140......
    Secondly, i8 was looking at the dates and the texas web site mentioned they are processing September 13, 2006 cases.......

    But as per your information, it seems wrong..........
    I guyess its just random case dates which are processed........ I will have my fingers crossed amd hopefully will get my gift soon.........

    Thanks




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  • abhishek101
    05-21 12:42 AM
    Can you please let me know which service center (Texas or Nebraska) processed yours and your wife's I485 application.

    If you don't mind can you please let me know how long it took to receive I-485 receipt notice and Finger print notice (for your wife).

    My situation is

    Priority date is 08/01/06 (EB2). Becoming current on June 1st 2011. Need to add my wife as dependent to my green card process (she is in US in H4 status now). Texas Service Center is processing my I-485.

    Filed at : Nebraska Service Center

    For Wife
    Filed 485 on March 10, Finger printing May 6th, GC Approved May 9th, GC received May 13th

    My Wife was on EAD/OPT based on her student visa (and not on H4)



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  • Karthikthiru
    04-05 06:40 PM
    http://www.businessweek.com/bwdaily/dnflash/content/apr2007/db20070405_778533.htm?chan=top+news_top+news+index




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  • gcnirvana
    06-15 12:43 AM
    Gurus,
    My employer advises me to be on H1B because of the uncertainity that comes with EAD. But I told him that my wife needs an EAD so that she can work. He said she can get one and I can be on H1. Is it possible? Also, I think I shud also get an EAD so that I am free to move around. But I don't wanna be blunt on the face and blow it all up. How would I make him understand/persuade and make him file my EAD and AP?

    As always, appreciate all your help :)




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  • vicsthedude
    04-28 09:15 AM
    I travelled back from India on 04/26/09 via Detroit. All I was carrying was PP, AP and EAD.

    There were absolutely no issues, wasn't asked a single question on entry.... looks like all
    the stories of trouble at POE are baseless.




    srkamath
    10-15 02:58 PM
    If you have two jobs on hand, and your sponsoring employer keeps the offer for the future job open, then you can simply use your EAD for both jobs. What would you need the H1B for unless you have reasons to believe the I-485 will be denied?
    If you wish to change employers, i.e. no longer take up the job with the employer who did your labor cert, then wait for 180 days after the receipt date of your I-485, find a " same or similar" job and use AC21 portability. - The AC21 law is kind of complex, most use the services of a (competent) lawyer.




    leoindiano
    04-06 12:52 PM
    How about this?

    If a company located outside of united states, it cannot apply for more than 300 H1B's? I heard WIPRO and INFOSYS applied 6000 each this year



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