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  • sapota
    01-02 02:51 PM
    One of my friends with a Phd in EE had to do something similar at Chennai consulate and had to wait for like a month. I guess Phd + research might trigger such paranoia among Visa officers.




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  • gc_chahiye
    07-20 03:49 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?

    1. Can I apply EAD myself?


    yes, once you have the I-485 receipt. You dont need anything from your employer for filing EAD.


    2. will I get in trouble if I do not have EAD and my H1 expires?


    status-wise you will be ok since your status will be 485-pending. However you will need to stop working if they have not applied for your H1 extension by the last day of your current H1 (ie. by Jan 2008). They can apply for your H1 extension even on the last day of your current H1s expiry and you can then continue working for upto 240 days after expiry of your current H1 while waiting for approval of that extension request. Filing 90 days in advance is ok, if you are paranoid ask them to do in premium processing when they file it (offering to pay the $1000) if that makes you more comfortable.

    Not sure why you want an early H1 extension filing...




    3. Can I move to new employer using AC21 without EAD?

    yup. You can transfer H1 and invoke AC21. In fact that is recommended (try to maintain your H1 status while your 485 is pending so if you get a denial you atleast have some status to work out your next move.




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  • Sunx_2004
    02-11 11:32 AM
    What are IVs recommendations ??

    Looks like the news is out on this in media.
    Immigration Voice has been aware of this and actively working on it for last 3 weeks. This had been also posted on the donor forums. Core members and several key IV volunteers/ donors already have been working on it and analyzing it. We also had been asked for our recommendations and had send our recommendations. We should see this bill introduced soon in a few days.




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  • iamlost
    07-25 10:44 AM
    In all of the years that I have been doing evaluations I have seen only two cases where a GC had a NOIR (Notice of intent to revoke) for education reasons. Both had 3 year degrees. One case was several years ago and approved and the other was recent and just submitted.

    Do you know the reason for your notice?
    In my case, it was B.Sc + M.C.A (3 + 3) years education and applied it on EB2 Category. I know of a lot of cases with M.C.A approved on EB2 category. So, I am not sure if this would be reason for it.



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  • shsk
    07-17 01:02 AM
    Thank you very much, I will be sending the document tomorrow:)




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  • guygeek007
    07-24 03:27 PM
    I just received some information from my attorney today about my i-140 premium processing application that was filed on 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
    Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year.
    I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
    What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.

    Suggestions and advice would be appreciated.


    This is my GC application history

    1. PD for Labor - Aug 2003
    2. Labor(Regular) Application Approved - Nov 2005
    3. i-140 applied in Jan 2006
    4. RFE received question was for company not self, i-140 withdrawn.
    5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
    6. Applied for i140 premium processing on June 22nd, 2007.

    Current status for i-140 : Recieved and pending at Nebraska service center.

    Questions
    Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?

    Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?

    Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.

    Any assistance would be highly appreciated.



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  • IV2007
    05-11 10:13 AM
    Guys,

    I found this site where in we can send letters to our senate members or house representatives regarding the issues we face.

    http://capwiz.com/aila2/issues/alert/?alertid=9589591

    Letter content pre-exists if needed you can change.

    Let's inundate senate & other members with what we are facing..

    -IV2007
    EB2 Labor Pending




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  • amitjoey
    01-11 11:46 AM
    Just so everybody understands:

    This bill has been referred to the House Committee on the Judiciary on Jan 5th 2011.

    This bill is in the first step in the legislative process. Introduced bills and resolutions first go to committees that deliberate, investigate, and revise them before they go to general debate. The majority of bills and resolutions never make it out of committee.

    There have been a lot of bills in the previous years that have not made it to the floor.

    IV can make it an action item if the bill comes out of the committee and is going to go on the floor for debate.

    Members need to constantly educate lawmakers, approach the judiciary committe and tell them about the issues we face. Unless we educate and build pressure, these kind of bills will never come to the floor.

    Venting or wishing for some bill to come on floor will not help. Talking to lawmakers in person, educating lawmaker's staff and building pressure to keep our issues alive is the only way forward.



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  • ksircar
    05-11 10:20 AM
    Guys,

    I found this site where in we can send letters to our senate members or house representatives regarding the issues we face.

    http://capwiz.com/aila2/issues/alert/?alertid=9589591

    Letter content pre-exists if needed you can change.

    Let's inundate senate & other members with what we are facing..

    -IV2007
    EB2 Labor Pending

    But, its main focus is on increasing H1B visa numbers ... should we involve ourselves into that?




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  • saro28
    10-30 09:08 PM
    Hello ncgc, Please post your experience once you get the card back. My spouse (filed seperate) has the the same issue. She received the EAD card with wrong photo and today she received the AP with the wrong photo as well. We are going to send it back to the lawyer, so he can follow up with INS. Is your AP photo looks ok?



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  • ak_manu
    07-23 03:15 PM
    The way EB2 is progressing now, it looks like you might get your GC in a year or two. I would definitely recommend staying with current company. Once you have GC you can choose any job you want and earn more too:-). Also, it might help you spouse with tution and job (in case no one sponsers H1). So, I would think patience is the Key.

    If you really want to switch to Top company then have them sponsor in EB2 by porting priority date. If that company cannot sponsor in EB2 and you are more interesting in career the choose an other Top company that would sponsor you GC in EB2. After all they all are just consulting companies no matter big or small. If it is a client then I might grab the opportunity even though they sponsor in EB3 as at least you might be safe with them (if you are lucky!!) and don't have to travel.

    Makes sense??




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  • eb3_nepa
    08-16 09:39 PM
    We gave them the 485 receipt and both the EADs and this is all information he actually asked for and said at the end that the system did not let him give us the DL as it needed more info.

    When will this NIGHTMARE end!:rolleyes:



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  • GTGC
    03-24 04:16 PM
    Awesome job Mark...thanks for explaining our plight in a nutshell and educating people about living conditions around the world :o




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  • jackisback
    06-07 01:03 AM
    I would (and did) send to the address on the confirmation page. If you search for other forums on EAD filing recently, that is what is also recommended there



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  • mrdelhiite
    08-08 09:10 AM
    roseball, agree. got same resp from my attorney while filing AOS for my wife

    1) employment letter ( just sent original & copies too )
    2) I-134 ( convinced that they will need this even for H4 dependent )
    3) did not ask for W2's or pay stubs
    4) of course original medicals in closed envelope
    5) all previous H4 approvals + I94's and color photocopy of entire passport
    6) photos and required cheque's

    hope mrdelhiite is all set ?

    Yup Senthil Thanks a lot for your reply.

    -M:D




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  • anil
    06-15 10:28 AM
    Gurus,
    One more confusion, guess I'm confused a lot now:confused:

    Can I apply I-485 for my wife whose change of status application from H1 to H4 is pending with CIS?

    Thanks a lot!



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  • looivy
    12-03 03:24 PM
    Thanks for the update. I have an appointment at Nogales in mid-Dec.

    Can you please let me know what the Banamex draft looks like? Also, any help regarding supporting docs would be helpful.


    Just for updating everyone, I got my stamping done successfully at Tijuana. They give the passport next day as expected, so just make sure to make the arrangement for the night. It's pretty cool for H-1B people both for full-time plus contractors, albeit for contractors they sometimes will call/e-mail your employer to verify. It will usually happen in a day or two and they'll issue the visa then. Let me know if anyone wants any particular details on Tijuana/H-1B stamping there.




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  • immigrationvoice1
    04-04 02:28 PM
    I agree, if you have applied for I-485, F1 is not a good idea. I wasn't aware of the OP's GC situation.

    Editing post: It seems that the OP applied for I-140 late last year, and the country of chargeability is India (public profile). So, in this case, F1 is probably a better bet.

    BTW, what does OP stand for?




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  • w000f
    05-19 12:30 PM
    Good information but I feel that it doesn't matter anymore. Even if your visa number is up, your application will probably still sit in a warehouse while the acting director or whomever, keeps using the FBI namecheck backlogs to blind everyone of their inefficiency. :( Frustrated to a point of numbness.




    serg
    04-06 11:01 PM
    The faces from both sides - Major Lead and Minor Lead was looked as they didn't reach any agreement :( Frist was talking (number of times) about "Border Security Bill" at the end ...




    GCcomesoon
    08-01 12:31 PM
    Hi

    I have read the thread for FP & biometrics.In my case 485 was approved in April this year & later in May I got the biometrics done. Due to which my physical card delivery got delayed. Till date I haven't received it but the passport is stamped for travel & employment purposes.
    I had recent LUD of card mailed yesterday , so hopefully in next few days I should get it. My point is if you haven't received your FP/Bio then call USCIS , talk to IO, take info pass & get it scheduled & see to it that the data is correctly uploaded to your case by calling up again.

    This would reduce all the possible delay.

    Thanks
    GCcomesoon



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