Saturday, June 25, 2011

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  • smuggymba
    07-28 02:26 PM
    Your Payments When You Are Outside The United States ( ??? What does this mean .... looks like you can claim benefits.

    hmm..we need to double check then. there was a huge discussion here, can u search that thread...i'll check also

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  • inskrish
    08-01 12:04 AM
    Love the analogy.

    Thanks Coopheal for leaving the IV wiki effort.


    Just wanted to clarify, is it 'Leaving' or 'Leading'?

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  • webm
    02-13 04:22 PM

    Need a little advice. We (my husband and I) filed our 485 on July 2 under EB-3and have received AP, EAD, FP etc. Our PD date (July 7, 2001) got current in the March bulletin:). I wanted to check if there is way to find out if our cases have been adjudicated and are ready for approval as and when a visa # is allocated in March.


    One more criteria is,If your 485 Notice Date falls prior to the processing dates (respective Processing Centre) as well THEN you can expect adjudicated in or after March depends on your Luck..

    This criteria was mentioned in one of the recent thread in this forum..

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  • wikipedia_fan
    04-09 03:04 PM
    Guys and Gals,
    I heard this from immigrant coworkers in my company (Consulting company with 1000+ consultants in USA, 15000+ all over the world), I�m hearing that employees are forced to us EAD instead of renewing H1B visa. Funny part here is, they did not pay for filing I485, all expenses including medical were paid by the employee.

    Now they say that they will reimburse EAD filing expense and trying to force employees to use EAD once H1B expires.


    Is this legal?
    Is it a common practice?

    Assuming it�s legal and employees have no other choice other than using EAD, I�ve couple more questions.

    If for some reason, I485 is denied and you challenge the decision using MTR, will you still be legal status if the MTR process takes several months?

    Is there a limit on how many times you can challenge USCIS decision? If they reject your application 10 times and you know the reason they rejected each time is incorrect, do you get to challenge them if you have enough evidence that your application was rejected incorrectly?

    Thanks for your time.

    If you are past 180 days after filing 485 and 140 approved, nothing stops you from looking for employment elsewhere.
    It all depends on your comfort levels - if you want to stick with this employer - you may - does not matter if it is h1b or EAD. If you want to move, you can.

    a 140 revoke triggers a 485 denial - some officers do not go through the AC21 process and immediately issue a denial notice.

    The law states that you have the right to file for MTR if you think there are facts ignored by the officer.

    It all depends on the timing of denial. If during the denial you are out of country - there is no way to do MTR so it depends on luck too.

    Working after an erroneous denial is an ambiguous call. The law allows you to file for an MTR, so why not just keep working?

    Usually upto 180 days of stay without status is covered by 245K, but as of this date, there has not been any RFEs for status because one filed MTR and waited.

    Please talk to an experienced immigration Attorney and they can explain all this stuff.


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  • JK747
    07-16 09:25 AM
    That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
    I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.

    Micofrost is CORRECT. My wife is on H4 and working on EAD currently. My lawyer had also confirmed that working on EAD does not affect H4 status.

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  • WaldenPond
    06-29 09:04 AM
    Hello jkays94,

    Excellent post. The fear of some kind of retribution due to association or participation in standing up to put forward our grievances is something that has, in some way effected every effort for making the change. And often times, this fear is based on lack of knowledge of the system and law.

    A friend of mine had sent the information about a book ‘Democracy in America’. And if I may quote from that book -

    “In no country in the world has the principle of association been more successfully used, or more unsparingly applied to a multitude of different objects, than in America.”

    “The most natural privilege of man, next to the right of acting for himself, is that of combining his exertions with those of his fellow-creatures, and of acting in common with them. I am therefore led to conclude that the right of association is almost as inalienable as the right of personal liberty.”

    At the same time, the fear of retribution for some of the members is well understood as we all have families and responsibilities. And everybody’s perception on the level of risk involved and the capacity to take the risk for a cause/purpose is different. We ought to overcome our fears as this is a just cause and we are petitioning to bring back the fairness to the system. The system was never designed or intended to work in a way where it takes 6-12 years for people to get their employment based green cards. And as you rightly pointed out, CIR presents us all with the opportunity to fix the problem. I have lot of respect for Randallemery, who is a born citizen of US and continues to help us in this just cause.

    Thank you Randallemery.



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  • rayoflight
    12-21 01:18 PM
    Hi All, I know that visa numbers are allocated per country basis (7% or so) but I would like to know how are the visa numbers allocated to EB1 / EB2 & EB3 Categories within a country.

    For Ex: If Country A has 1000 Visa Numbers for a fiscal year how does USCIS divide them between EB1 / EB2 / EB3

    Thanks in advance for your replies...

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  • philly2004
    08-26 12:55 PM
    Congratulations on your successfull interview.

    Can you share what form of marriage certificate you produced.
    I had my interview last week and the Mumbai consulate was not ready to accept the certificate that was given to us by office of registrar.

    They asked for a 'Memorandum of Marriage' which seem to be what married couples get in Maharashtra and Gujarat. I was married in M.P. and never received such a document.

    Marriage invitation, photos etc. were not acceptable to the immigration officer at Mumbai.

    your input will be very helpful.


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  • pmamp
    12-07 11:43 AM

    I am EB-3 ROW, PD in Nov.03, I-140 approved. I am planning on changing my current employer (non profit) to for-profit company.

    I am in my H-1 B fifth year. I renewed once on my third year. By the time I change my job to the new employer, I will have about one year left in my current H-1B.

    If I change the employer, will I be subject to H-1 B visa quota restriction?

    I have stayed with my current employer (University) for five years just for the hope of green card. But I think this is time to move on. Staying in my current job is so detrimental to my career.

    However, if the new company that may hire me, cannot find any H-1 B visa quota left for me, I will be in trouble if it is the case.

    I would appreciate your advice very much.

    Thank you always.

    Sure enough. You need to have h1b visa #s available to transfer from non-profit to profit org. I am in the same boat and you will have to wait till next year's quota. As said, you may transfer between non-profit orgs as many times you like in 6 years. Sorry.

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  • prasadn
    09-10 08:54 PM
    hello every1,

    I was wondering how many of you are here who had applied their labor with MS + 0 years of experience for EB2 category..

    Could you please shed some light on your profile and current standing in GC process ??

    Thank youu....

    My current position was advertised as MS with 0 years experience even though I had MS + 4 years experience. However I applied in old labor system (pre-PERM).


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  • redcard
    08-09 07:05 AM
    :) Hi All,
    I am sure there will be some sort of immigration reform worked out by the mid next year. So please stay calm and enjoy! Eventually you will get your EAD and GC. You just have to hang in there.


    My Prediction.. buy a powerball ticket...chances and probability of winning some money is more then that of getting a GC in near future or of some legislation reform.:)

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  • roseball
    04-14 07:22 PM
    Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....


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  • ravi.shah
    02-07 10:44 AM
    Thanks for the update !
    I am watching this... looks pretty interesting :)

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  • at0474
    01-09 03:14 PM
    I know at least 5 colleagues with early-mid 2001 PDs who applied 485 last year. They're still waiting. Admire their patience.

    --I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now.


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  • Joey Foley
    May 16th, 2005, 07:13 PM
    Ok, this is something I don't think I have an eye for at all (or have ever had an eye for, yet).

    I have a photo project for a other photo study I'm taken. It's to photo a beauiful outdoor vista (any outdoor scene I pick).
    The objective is to produce a picture that gives a feeling of distance-a feeling of near or far.

    The subject is to photo a wonderful view that stretches as far as the eye can see.

    So am I even close or maybe getting close to achieving this?
    What do you think?
    I have some more to post but here's a few examples.


    Thanks again everyone for your help.

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  • chanduv23
    07-25 09:39 AM
    thanks much, ...

    i was just worried about not having a salary for those 90 days or so would affect my whole GC process.
    Yes, my I140 WILL be revoked. I'm on good terms with my previous employer and this is just something they will be doing to protect their interests.

    This is a new strategy followed by consulting companies. As they cannot stop people from leaving, they would like to discourage this by revoking 140. there are so many scared people out there who want to play it very very safe and will avoid invoking ac21 if they think there could be issues.

    You will be fine.

    Being in good terms with employers helps - but it has to be from both sides.


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  • punjabi
    09-29 09:57 AM
    My cousin went for her sister-in-law's wedding and at New Delhi airport, the Customs Officer asked her to show the bag. Apparently, there was good amount of jewelry. And she had to declare it in her passport.

    She was not charged any duty but she had to show it again during the departure.

    Hope it helps.

    Has anybody travelled TO India with personal gold jewellery? I am not concerned about theft/security. My question is about Customs clearance at the airport. Do we need to declare it or pay customs duty?

    If you have any experience doing this, please do share it here.

    Thank you.

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  • like_watching_paint_dry
    02-27 01:51 PM
    I don't have any examples of a NOIR based on EB green card holder changing jobs too soon after 485 approval. I however have seen counter examples where a person changed jobs within a month of 485 approval and never had any problems at N-400 as long as they have maintained a good employment history, paid taxes, not committed any crime etc.

    This is not to say that you or I or some other Joe wont have any issues, but is a hopeful indicator. It is however best to play it safe unless there's a pretty darn good reason to take up a job change soon after 485 approval.

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  • webm
    01-26 10:34 AM
    If I check my case online I see following

    On July 24, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail ...

    On Receipt Notice I-797C -Notice of Action I see following

    Received Date : June 25, 2007
    Notice Date : July 25, 2007

    I dont know why online case status says that "On July 24, 2007, we received ...."

    Do anyone of you see such date mismatch.


    Received Date : June 25, 2007 --- this is mail room received data
    "On July 24, 2007, we received -- this is the day when your 485 app entered into their crazy system (by a lazy IO)

    Gurus,share your ideas also..

    01-23 12:29 PM
    One thing to notice, the Processing Dates are as of November 30, 2008 that is posted on Jan 23, 2009 for all 4 service centers.

    11-15 09:55 AM
    Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.

    check this link and find out your state chapter ... each state has its own yahoo groups mailing list and identified state chapter leaders...

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