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  • chanduv23
    04-26 09:52 PM
    Hi guys,

    Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.

    These days people are figiting wrong ful denials through MTRs. RFEs are common and one does not have to worry about RFE. Just wait for your letter and respond accordingly. There is no "first step" for denial - if your case is approvable it gets approved - if not it gets denied - period.




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  • svam77
    07-24 03:13 PM
    My H1B LC says that I got hired as software engr. But later, they promoted me to Sr Software Eng ...


    Now my labor cert says Software Engr.

    I think its not a problem but just want to make sure. My lawyer didnt even care.




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  • raghav235
    06-30 04:23 PM
    I guess, you need to enter the "Received Date" that is on your last I-765 receipt Notice.

    Hello,
    I have been looking an answer on this forum for the date that we enter for the Question # 11 on the I765 form:

    Question: Have you ever before applied for the employment autherization from USCIS?

    My question is on the date that we have to enter here:

    Should I enter the CARD VALID FROM DATE on my EAD card?
    Should I enter the RECEIVED DATE on the I485 receipt?
    Should I enter the NOTICE DATE on the I485 receipt?

    I looked on this forum, and there is seem to be confusion around this date..can someone please clarify...

    Thank you.




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  • theshiningsun
    06-15 09:38 PM
    hi attorneys,

    i am working in the US on H-1B. i also hv an approved I-140 but not yet applied for I-485.

    now i am planning to start my own business and apply for an investor visa under EB-5 category. can i do this?

    if i apply under EB-5 does that automatically cancel my current GC applied by my employer?

    while the EB-5 GC is in process can i continue to work in the US on H-1B? (i hv not finished my 6 yrs on H-1B)

    appreciate ur inputs. thx in advance,



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  • imhrb
    01-06 04:01 PM
    Like many others we have been waiting for our AOS application to be approved for over 2 years. But the strange thing is, I did get an EAD approved but they never called me in for fingerprinting and Biometrics. I know I had to do the non-immigration "registration" that was initiated a few years ago and they had taken my fingerprints and biometrics, is that why they didn't call me in again? since they already have it?




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  • purgan
    10-06 10:41 PM
    There is a story in the Oct 6 Wall Street Journal on high skilled immigration reform. If anyone has a subscription to that, pl. post for the benefit of members...

    OpinionJournal's Political Diary
    Who leaked the Foley emails and why?; industries seeking more high-skill immigrants pin their hopes on Congress's lame duck session; new film debunks the hypocrisy of anti-development greenies. (Click to Subscribe)
    2:30 p.m. EDT

    http://www.opinionjournal.com/

    =======
    Seperately, the Economist has a 15-page report on the "Global Hunt for Talent". It specifically highlights how restrictive immigration quotas for skilled workers are hurting US competitiveness and how other western nations are racheting up their efforts to lure skilled foreigners.

    http://www.economist.com/surveys/displaystory.cfm?story_id=7961938

    Here are some excerpts

    Most governments are easing restrictions on the entry of skilled workers. Some are going further and offering incentives. Germany has made it easier for skilled workers to get visas. Britain has offered more work permits for skilled migrants. France has introduced a “scientist visa”. Many countries are making it easier for foreign students to stay on after graduating. Canada and Australia have not only tilted their long-established points systems further towards the skilled, they have also introduced more incentives. Australia and New Zealand have created a ladder leading from universities to the workforce and then to permanent residence.

    Two economists, Fr�d�ric Docquier and Hillel Rapoport, estimate that average emigration rates worldwide are 0.9% for the low-skilled, 1.6% for the medium-skilled and 5.5% for the high-skilled. These rates have been accelerating far faster for the high-skilled group than for the rest. Skilled immigrants accounted for more than half of all admissions in Australia, Canada and New Zealand in 2001. The global war for talent is likely to intensify. Most developed countries are already struggling to find enough doctors and teachers, and are wondering how they will manage when the baby-boomer generation retires. Developing countries, for their part, realise that they will not be able to plug into the global knowledge economy unless they give their people the freedom to move around.
    http://www.economist.com/surveys/displayStory.cfm?story_id=7961894



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  • Project_A
    11-15 04:36 PM
    Looks like the demand data does not include the backlog at NVC. How does it work? I am not familiar with the process. Any ideas...?

    Please see my earlier posting:
    Here is the latest snapshot of the backlog of EB applications:
    EB1= 7,595 + 2,961 ( at NVC) + new applications.
    EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
    EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
    *NVC stands for National Visa Center.
    ** Does not include service centers.

    * Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
    * Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
    * From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
    * With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.




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  • cygent
    06-15 02:55 PM
    Hi Folks,

    It is crunch time! Since PD are current, many folks have only until June 30th to extend H1 visa for 3 yr. extension. So only 15 days left!

    How much time has it taken for members to get 140 approved though PP? I value your feedback, or pls. point me to a poll/data elsewhere. Please also state when was the timeframe you applied/for it approved (day/month/year)

    Thanks & Regards!



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  • IVFOREVER
    02-14 09:49 AM
    Tecnically you dont have any visa number available now.since you are transfering your priority date to eb2.until they make decission on your I-140 they will not process your 485.This is my opinion only.Talk to good lawyer take the second opnion onthis before you are out of time.never know what april 08 bulletin has in store for eb3.




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  • Lasantha
    07-05 12:52 PM
    Did any one received the receipt notice of I-485 file in Jun 2007 , EB3 category?

    Thanks

    Try this
    http://immigrationvoice.org/forum/showthread.php?t=5983



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  • freedom4ever
    04-20 07:23 AM
    As long as you haven't used the EAD/AP for employment purposes, I think your H1 is still valid. If your H1 is still valid then I believe you can get your denpendant's H-4 extended based on our H1 validitiy. But I suggest to contact your company attorney to make sure your H1 is still valid.




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  • Blog Feeds
    07-08 11:30 AM
    AILA Leadership Has Just Posted the Following:


    Senator Sessions cannot leave his hands off of E-Verify. Now in "stealth" mode, Senator Sessions has slyly introduced an E-Verify amendment (SB 1371) during today's full Senate vote on the DHS appropriations bill.

    The Sessions amendment calls for a permanent reauthorization of the Basic Pilot/E-Verify program, and mandates its use for all federal contractors and subcontractors - including the verification of all existing employees. This amounts to a massive expansion of a program that is still not ready for prime-time.

    We must call our Senators and tell them to oppose this sneak attack by Senator Sessions for the following reasons:

    It would impose exorbitant costs on businesses at a time when our economy is most vulnerable:


    An economic analysis commissioned by the U.S. Chamber of Commerce
    concluded that the net societal costs of the program would be $10 billion a year
    � a cost that would be felt disproportionately by small businesses. It would make Basic Pilot/E-Verify permanent without addressing its well documented database inaccuracies:


    A 2007 independent evaluation of the program commissioned by DHS found that
    the Basic Pilot/E-Verify database �is still not sufficiently up to date� to meet
    the requirements for �accurate verification.�



    SSA has estimated that if Basic Pilot/E-Verify were to become mandatory and
    the databases were not improved, SSA database errors alone could result in 3.6
    million workers a year being misidentified as not authorized for employment.
    This would result in 6 out of every 100 workers having to visit an SSA office to
    correct their records or lose their job.

    It would force workers and businesses to pay a high price for Basic Pilot/E-Verify's inaccuracies:


    Queries submitted to Basic Pilot/E-Verify by Intel Corporation in 2008 resulted
    in nearly 13 percent of all workers being initially flagged as unauthorized for
    employment. All of these workers were cleared by Basic Pilot/E-Verify as
    work-authorized, but only after �significant investment of time and money�
    and �lost productivity.�We urge all AILA members to call their Congressman today and oppose the Sessions amendment (SB 1371). Don't let Senator Session's stealth tactics create a nationwide crisis for employers!

    https://blogger.googleusercontent.com/tracker/186823568153827945-5839069238864574507?l=ailaleadership.blogspot.com


    More... (http://ailaleadership.blogspot.com/2009/07/there-he-goes-again-sessions-and-e.html)



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  • JazzByTheBay
    09-07 11:32 AM
    Here are a couple of videos from the Milpitas meeting.

    It's really important that we all make our best efforts to attend the DC rally. Our life, and those of our children and families, depend on this.

    Are you prepared to live for the next 10-15 years on EADs and AP? Ready to renew those every year? Limit your career growth and job prospects? Limit what you can and cannot do? Limit the raises you can get?

    There's no reason to be scared to attend the rally. Leading immigration attorney Sheila Murthy supports IV and the DC rally, and encourages all those who are affected to attend.

    Here's more:
    http://morejazzbythebay.wordpress.com/

    cheers!
    jazz




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  • seaken75
    10-12 03:38 AM
    bump



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  • bkarnik
    10-26 10:03 AM
    I would refer you to the Sept. Attorney call transcript under the Members only section. I believe this question or something similar was answered there by Sonal Verma. In a nutshell, if the job requires higher qualifications that satisfy EB2 requirements only then can the petition be filed under EB2. That being said, the education equivalency may make your case a bit difficult because as per the transcript, the USCIS of late has been taking a stance that a combination of degrees will not be considered as equivalent to a US Bachelors or Masters.

    Please refer to the transcript and if you are not satisfied, please submit your question for the next attorney conference call.




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  • vanantwj
    April 22nd, 2004, 10:51 PM
    I recently made the move to digital by purchasing a D70. I'm interested in purchasing the Nikon SC-29 cord for use with a SB-800 on a Stroboframe quick-flip frame. I like the idea of the added flexibility that the SC-29 gives over the SC-28 because of the additional autofocus lamp.

    However, after I ordered the SC-29 from Etronics.com (who listed this product as being in stock), they contacted me a day later to say that it was actually out of stock. Furthermore, they said that Nikon had discontinued the product, and that though they tried, they were not able to obtain one of these cables through another channel.

    Has anyone heard about Nikon canceling the SC-29? That doesn't make any sense to me. I've seen these for sale on e-bay, but that is through a Japanese reseller, and the shipping takes a couple of weeks (not to mention, it's not an authorized Nikon USA dealer).

    Any other information or input about the SC-29?

    Thanks so much!

    Jonathan Van Antwerp



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  • satishbsk
    06-27 01:22 PM
    I gave documnets to attory with my recent H1 receipt notice to file 485, I will update if there is any news from my attorny

    _______________________________________
    contributed $260 so far




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  • loku
    08-16 07:41 AM
    I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.

    Now I have some questions. Any help is greatly appreciated:

    1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
    - One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
    - The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.

    Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?

    2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?

    3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.




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  • soumya_bhatta
    03-23 07:33 AM
    Hi,

    Although my EAD has been approved long back, I haven't actually received the actual EAD card in hand because of an address related glitch. It is said they will re-send, but the delay is unbelievable. I have the A# from other correspondences.

    Under the circumstances, can I apply for a AC21.

    Thanks,

    Soumya




    India76
    07-14 01:27 PM
    I am currently on EAD and applied for I-485 in July 2007. My category is EB3 India.
    I am also maintaing my H1-B status with current company. My priority date is December 2005.

    As you all know about the situation of EB3 India and how long will it take to get to December 2005. I want to change the job as I am not getting paid as much as I am supposed to get considering my experience. I am also looking for some change and new opportunities.

    So my question is if I get a contract job through a staffing agency and will be working for another company on contract and may be I get permanent after few months or may be not. Is it possible to work on contract for a company through staffing agency using my EAD? I never worked on contract my entire career so don't know anything about it.
    What will I need to do or say when I go to staffing agency or the company I will be working for? what is the process?
    Please advice as I know many of you have done this or know all about it.

    Note: My wife is also on EAD( we applied for I-485 seperately) and not planning to move from the compay where she applied for GC.

    Thanks in advance for the advice.




    tinamatthew
    07-20 11:55 PM
    I value the contribution of IV a lot, but saying that you will get an answer only if you contribute is lame.. This is a public forum and all contributions are voluntary. Your answer degrades the noble cause of IV. :rolleyes: :rolleyes:

    Good answer Loudobbs!! janilsal pls refrain from making such announcements - it is not nice



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