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  • purgan
    12-17 12:44 PM
    For folks who have waited that long, they should not keep them tethered to the empoyer or occupation. They could perhaps do its administratively...for instance, anyone with a GC petition pending longer than 5 years should be eligible for adjucation on the basis of EXISTING paperwork.

    A lot of folks- illegal immigrants especially- are pushing for administrative relief in the Obama Admn and we - legal immigrants- deserve atleast equal treatment.





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  • GCBy3000
    07-18 04:46 PM
    This is ridiculous for the JUNE 2001 PD. They kept it and slept on it all these years and now denied without notice.

    EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.

    The online case tracking system has the status of case received and pending

    Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.

    The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.

    How can the case be denied with out any notice? Do we have precedence on this level by USCIS?

    I did a FP appt in Jan 2006 though.

    I have been asked to refile I-485 now.





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  • franklin
    07-16 02:46 PM
    You should probably include area of chargeability as well, to help the experts answer. This can make a huge difference as well.





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  • neoneo
    09-28 01:55 AM
    Obviously first point is talk to a good attorney
    but some points to remember :

    - 8K doesnt mean anything.. what matters is the % less from the expected salary.

    - Also, get the latest audited company financial docs done .

    - Remember this is for a future job, so check whether you will make that much when you get your GC.



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  • factoryman
    06-19 02:27 PM
    don't delay or filing. your treatment is a protocol or SOP. you should be fine

    Dear All,

    I was doing part -time school in a university and before they wanted to admit me,the university procedures included TB test. I showed positive in skin test and negative in X-ray about 4 months ago.

    But the school procedures expected me to take TB tablets otherwise they wont let me register for courses. For the last 4 months I am on TB medication, I have it going on until october of this year.

    Right now, I am in a dilemma. Since all our PD's our current, we need to get medical examination done. I don't know how my skin test is going to be since I am taking meds.

    Should I inform my doctor that I am on medications or should I just hide it?

    And should I take a letter from my school health department about how I don't have TB but been given medicines for School purposes? What should I do?

    Please advise.





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  • nat23
    03-09 02:06 PM
    Hi nat23,

    Thank you very much for your reply.

    Currently i am not enrolled into any company benefits like Health Insurnace etc as i have those benefits from my spose company.

    This company said that they are paying thier attorney firm 5200$ for H1b and i am not paying anything.

    For this 5 months, i will be H4 and will not get paied by this company.

    Question is:

    1. Can the company now apply and pay for H1b for Oct 1st start date and then later can they tell me not to hire me anymore?

    If the company wants they can do it. Nothing can stop them from doing. However, its common sense they wouldnt unless they have a very compelling reason as they are spending 5 grand on it.

    2. Can mutiple employers file for h1B with same start date of Oct 1st?
    If yes, then i would start looking for other jobs as my backup H1b jobs.

    From what I know the answer is Yes. However, I would recommend you talk to someone else about it as well.

    Please advise. Much appreciated - thanks

    Hope this helps. I wouldnt be worried too much if they are sponsoring my H1.



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  • Legal_In_A_Limbo
    01-14 04:57 PM
    Hi All,

    I have a question and this is regarding my husband.
    We have filed our 485 and have got our EADs and AP's. Our 180 days will be over by jan end.

    My husband works for Company (A) as a consultant. He is placed at a Client (C) and there is another consulting company (B) in between. Client (C) is a direct client of Company (B). The relationship is like A -> B -> C.

    My husband wants to join the Company (B), and keeps on working for the same client (C).

    Has anyone done something similar to this and can anyone share any legal issue with this. I will really appreciate if someone can guide us more.

    Thanks





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  • plusme
    10-19 09:37 AM
    Hi,

    While filling the Labor my attorney used my education (Bachelor's degree BSc Comp Science and one year of diploma in computer science) and as well as the experience which was 8 yrs in 2008 for EB3. Then my labor got approved. So we applied for I140, then USCIS had an RFE on my case saying this education is not enough so my attorney prepared some documents showing this BSc Comp science is equivalent to US 4 yrs degree. Then in a month time immediatly I got my I140 denied, So after that my attorney appealed with I290 form, Still got rejected in 3 months then again my attorney re-appealed to it by adding some more information to it. So now the status is showing as Initial review with AAO.



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  • gauravsh
    05-04 09:52 AM
    Not sure as to "how long" but AFAIK , but when a person doesnt work in the same location as mentioned in LCA of H1B, an amendment needs to be filed. I would talk to a reliable attorney.

    Thanks for the reply. I am planning to maintain a address at location where my LCA belongs to. I want to know If I work for say 4-5 months from India on US payroll will there be any issues on reentering US?





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  • thomachan72
    09-14 06:33 AM
    Realistically I feel we (i.e. High Skilled Immigrant community) what the Jews went through during WWII at the hands of the Nazis.
    Cornered from ALL sides.
    Helpless.
    Discriminated against (due to our skills and since we are willing to work like dogs, good deal for US employers)
    About to be driven out of this country. (H1 expires shortly and no sign of EAD or GC)
    And finally about to be MASSACRED. (at the hands of the Obama's of this world)

    US is no longer attractive to top immigrant talent that actually made USA what it is today.

    Come on peshwa sir, don't blame "top immigrant talent" for what USA is today:D:D:D



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  • eagerr2i
    07-20 12:31 PM
    My wife got her teaching credentail in California last year. You first get your degree evaulated by AERC and then apply to any school that offers a credential program. You do not get much credit for your UG courses. The whole teacher credentail program takes any where between 55 to 65 credit hours to finish. The fee for the program is low as it is subsitized by the state govt's. You will pay instate tution atleast in California. No financial aid on H4 visa.





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  • chandrajp
    06-19 01:14 PM
    I dont know exactly what is the issue here, but I have filed for EAD extentions 3 times in last three years and it was a very straight forward and easy process. We filed the extentions about 2 months before the expiration and got EADs and APs done in about a month.
    The USCIS website says one need to file 6 months in advance for EAD. It may come out to be true now based on the flood of applications received after July 1st this year. I filed for EAD extentions 3 times in last three years and last 2 times I got in less than a month, this year it took close to 3 months. So always apply 6 months in advance as advised in website



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  • msyedy
    12-14 09:26 AM
    while make illegal aliens legal.. the current S.2611 says the illegal pay back taxes and go through a process like us to get citizenship.

    We have overlooked the fact that they will recieve an EAD and can work for anyone anywhere and file for immigration by themselves.. So it is almost like a GC for them. S.2611 does not say about them requireing a employer to file.

    We need a employer whom we should stick too to get GC. Many people give away better oppurtunities for GC and to get their spouce a GC or EAD for them to work they stick to the current company which pay very less.

    This point has to be taken into consideration and we must fight and raise our voice to get this to the law makers.





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  • akkakarla
    09-01 04:12 PM
    Did anyone get their GC Approvals from USCIS Local Offices which are pending after the interview is complete? If anyone is waiting for local office cases what is the process they are following and how is the approval process?

    I am waiting for my approval of my EB2 India with PD Nov 2004. it is pending in San Jose Local office

    I guess applications pending at local office are unlucky guys :-(

    Anil



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  • mita
    09-30 06:13 PM
    FIFO must be based on PD and not on I-485 application receive date, I hope you meant the same.
    there was a thread yesterday discussing this news. It is indeed welcome news. Atleast now USCIS should concentrate on FIFO approvals. There are just too many 2003/4/5 EB-2I applicants waiting in line when 2006 applicants got approved in a frenzy last couple of months...what a cruel joke! and for EB-3I, this news may reveal the total number of cases pending. Nobody seemed to know the accurate count...





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  • MrWaitingGC
    06-23 09:00 PM
    My priority date is EB2 Dec 2003 and I can file my 485 in June.However my spouse who is on vacation will be returning back to US on Mid July.

    Considering the huge load of application that will be filed by the beginning of July , is it wise to:

    1) File my 485 application in June (I have all my documentation ready including medical) and add my spouse application later or

    2)Wait for for spouse to return and file together on the 3rd week of July.

    Does the time gap of a couple of weeks make a huge difference in the processing of my application.

    any insights please....


    If your case approves in a day your wife will be out of status. I am pretty sure this will not happen. But wait for her to come and apply so that it will be safe.



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  • homers
    04-09 08:49 AM
    As long as your H1-B application is still being processed, you should be IN STATUS.

    For your passport renewal, you can write a cover letter to the Indian Embassy explaining that your visa extension is being processed and provide them a copy of the acknowledgment notice. That should be enough for establishing your legal presence for passport purposes.





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  • gcpain
    05-19 01:31 PM
    Hello All,
    My I485 was filed at TSC and received date is July 26,2007 and notice date is sept 19,2007. MY EAD and AP and other finger prints are done after two months of filed. My priority date (Jun10, 2003) is current for last two months and it is going to retogress after this month end.There is no update for I485 for me and my wife. Now processing times for TSC shows they are working on Aug 08, 2007 filers. In this case cane youguys advice me on following things?

    1. Is it good to take Info pass appointment and go for office before end of this month (as it is going to retrogress) and find out status? Before info pass do i need to get any other enquiry?

    2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?

    3.Does Info-pass enquiry cause any negative effects on my I485 processing?

    4. Any other guys in the same boat and what you guys are doing?

    I really appreciate your advice. Thanks in advance for your good work.





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  • kondur_007
    03-23 01:33 PM
    Hello gurus,
    need little help from you guys. Right now i am on H1b.
    I am about to file my Family based I-485, I-130, I-765, I-131. on all these forms they are asking for A# ( Alien Registration Number).

    I was on F1 visa before. so i have one expired EAD card which i got during my OPT in 2005. this card has a A#.
    so should i put this A# on all forms( I-485,I-130,I-765,I-131) or leave it blank.???

    H1bdude1

    I believe that A# is like SSN and one person can have only one number. To the best of my knowledge you should use the same A# on all those applications.

    However, I have known people who had more than one A# assigned, but they were then advised to contact USCIS to merge those files. I would think, it would make sense to use the same A#.

    Again, it would be of great help if you can clarify this with an attorney, or someone else on this forum who is more knowledgeable than me.

    Good Luck.





    willwin
    10-01 03:09 PM
    Where did everyone get the 10 days estimate from??

    As far as I read, the production date for the new system is 10/29.. So, maybe suprises in December bulletin.

    I don't think there will be any surprises for the next 9 months as India and China have very limited quota per year. Besides the overflow that happens during the last quarter, I guess it is going to be a snail crawl for EB2.

    EB3 India - well, can hibernate for the next 3-4 years.





    mrane1
    09-06 01:50 PM
    Same thing happened to me... My wife received her notice first... I didnt receive it for almost 2 weeks after her... called USCIS... IO told me a FP was not issued for me at all, and I have to wait 30 days to receive it :mad:... checked my mail box the same day it was there!:D



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