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  • sledge_hammer
    07-09 11:44 AM
    I agree 200% with you...

    In our society we always waive the rules for emergency, so I see nothing wrong in posting this, If at least one or two people come forward to help after seeing this,that itself a victory for this post.

    I am not being rude here, consider this post in a humane nature





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  • eb2_hope
    08-22 06:55 PM
    I support this..I call every second day .....





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  • GC_ASP
    07-20 07:39 AM
    If u r not married, its better to change the job using H1b transfer and use Ac21portability to continue the GC process ( new job should be similar). You don't have to use EAD. Once you start using ur EAD, you loose ur H1B status automatically and it would be hard to bring your wife on H4.

    Here are the answers for ur three questions.

    1. Your 485 will be in good standing as long as you change the job after 180 days of 485 receipt. You don't need any support from your ex-employer. But make sure your I-140 is approved before you leave and try to get the copy of it. If you leave before 140 approval, employer can revoke it and then your 485 will be denied. So chage the job after 180 days of 485 receipt using H1b transfer. (When using Ac21 portabilty you can inform USCIS proactively or wait for the RFE.) Don't use EAD if you are not married.

    2. I think you can get H1B extension using 140 approval.

    3.Yes, your wife can file the 485 when the PD is current. Her H1b doesn't have any effect on this.

    I hope I answered the all your questions.

    one misconception in the immigration community is that you need to use AC21 and EAD to change the job. This is not true. You don't have to use EAD to change the job. People use EAD just to avoid H1b transfer and other stuff.

    Never use AP if you are unmarried.

    This information is based on my research on this issue. For more accurate info, please contact the attorney!!!!





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  • GCard_Dream
    10-05 12:33 PM
    Dream on. I have been trying it since inception but have never won. Well, that's why it's called a lottery.

    On the flip side, I know people who have gotten selected in DV the very first time. Like you said, that's why it's called a lottery. Anything can happen.

    Does anyone know if it makes any difference if you file early or late? I know it's supposed be completely random but does anyone have any theory on how you might have a better chance? My take is that if you file too early (first few days) and if (with a big if) there is a bug in system then your application might get lost. So let the bugs be fixed in first few days and then file.



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  • bmoni
    08-20 03:21 PM
    @acecupid: Thanks for the response. For me it is Chicago consulate it will take 10-15 days.
    which comes pretty close to my travel date. As you mentioned i do hope it will not be a problem.

    Also today I talked to the Indian consulate in Chicago they told me I can travel without any problem. As long as the passport is valid even it is the last day of the validity I should be fine with the travel. There shouldn't be a problem with the immigration officers during travel based on that.

    @kanakabyraju: Thanks for the advise. I might try that.

    For a valid visa stamp you need a passport with six month validity. But I have not seen any where for traveling you need a six month validity. If you personally experienced any problem while traveling with less than six valid passport. please post your experience it will help me and others.

    Thanks,





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  • deafTunes123
    11-13 03:01 PM
    I am curious. What is WOM?
    To my knowledge there is no way to expedite the AOS process.

    Gurus?



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  • desiin_va
    01-14 10:17 PM
    To port PD from Eb3 to EB2, He does not require to qulify for EB2 before Nov 2001, He is eligible if he is qualified at time of filing EB2.

    Folks redhagd's statement is correct, i checked with Atorney Sheela Murhty on Friday. To port from EB3 to EB2, you must be eligible for EB2 at the time of filing Labor in Eb2.





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  • ARUNRAMANATHAN
    10-24 02:47 PM
    Yes you can, but you need to go thru the labor and i-140 once again.... Yes you can use the PD from EB3 to EB2 .. But do check what kind of proof you need to do so ......

    Good Luck !



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  • ita
    01-23 08:30 PM
    Suggestions.

    1 Since the main reason behind the retrogression is the lack of Visa numbers I feel it would be a great idea to process the 485 applications , make a decision on the case and let the applicant know about the decision though the actual card can be mailed when the Visa Numbers become available . This would reduce the anxiety on behalf of the applicants and would also give USCIS ample time to process all the applications.

    2. Yearly extension of EAD/AP is getting so expensive especially when one doesn't know how many years we have to keep doing the extensions.
    It's a known fact that except for the July 07 bulletin EB3 India PD has hardly touched year 2002 since Dec 2004.

    Some of the EB3 I folks with a 2005 PD, that I know have been issued one year extension on their EAD though they applied for the extensions in mid July(2008).

    Example of EAD/AP anxiety:

    AP document says that it should be used for emergency travel. This rule on AP
    was formed at a time when 485 processing would take not more than 6 months.
    In the present scenario with 485 processing taking years I think a person using EAD would end up using AP many times . Officers at the POE sometimes remind us the rule that AP should be used only in emergency and some of them give the person hard time if they believe the travel was not for emergency purpose.
    I guess we are supposed to have a proof of emergency travel.

    Though AC21 lets one change jobs 180 days after filing the 485 application with the I40 approved for more than 180 days when reentering the country some of the officer(s) sometimes ask the person if they are still with the same company that filed their GC.I don't know yet what they would do/say if one had changed their jobs because the people who were asked this question did not change their employer at that time. But the fact that they ask us this question makes us apprehensive about changing jobs.
    With so many rules where most of them were formed long back it's making applicant's life increasingly tough as the applicants themselves don't want to do anything that would be construed/fall on the wrong side of the rules.We are forced to watch our steps multiple times even in the case of simple things like job changes,travelout of country etc.

    When I repeatedly read about how USICS is inundated with 485 applications due to July 2007 bulletin I keep wondering why USCIS would want to increase it's work load every year with all these EAD/AP renewal applications.

    Suggestion
    Once upon a time when the 485 processing took like 6 months, EAD/AP had different meaning. In the present scenario when not many of us know how many more yeras it's going to be before (especially EB3 I folks) we get our GreenCard I would think it would be better to use the pending 485 application to change jobs and reenter the country.
    This would save money/time for the applicant and lot of time for USICS.

    Thank you.





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  • surabhi
    05-29 08:21 PM
    I have been working for a University for the last 3 yrs(2005-2008). The H1 they have is quota exempted and is non transferable. In 2006 a consultant A offered me a job and filed for H1b in the quota it has got approved.But due to certain reasons i have not joined them and still continued it the university job. In 2008 i got an another job oppurtunity with an another consultant B. They filed a H1 transfer from company A to Company B ,showing my university h1 that i am still in status.This H1 application by company B got denied and i have left the university job. Can i join the company A because they have an H1 approved in my name in oct 2006. I contacted consultant A and they still have not cancelled the H1 they have in my name.
    Thank you for the help

    YOu were in status until you were with the University. Did you start working with Company B pending approval. In that case you MAY be in status while you were working there. You are certainly out of status since your h1b is denied. Make sure you are not accumulating > 180 days.

    USCIS denial seem to be consistent with the fact that you cannot transfer from cap-exempt to cap based job. Even though you petitioned from Company A to B, your H1 in use was from the University.

    It should be possible to go back to Company A, assuming it is still valid and it has I-94 attached to it. The case is slightly complex, and a paid telephone consultation with a good attorney will be money well spent.



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  • amslonewolf
    05-10 10:38 PM
    FYI check out http://yourmaninindia.com site as well. They provide some good services like getting BC for you etc.





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  • conchshell
    07-31 04:56 PM
    Paper based filing on July 2nd 2008 (NSC)
    Got filing receipt on July 19th 2008

    Today I got the CRIS appproval email for my EAD application. However, the EAD application for my spouse still shows pending. We both filed together (paper filing). Is this normal, has someone seen this type of situation before? Do I need to contact USCIS to remind them about the other EAD application?

    Just to let you know guys ... I got a CRIS email 10 minutes back ... informing that my wife's EAD is also approved. This is a good news because our priority date will be current from tomorrow. However, I don't know we will get the EAD for one year or two year. I guess we will just wait for the cards arrival. Thanks to all the people who responded to my question.



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  • Templarian
    08-27 11:45 AM
    ^Perfect :fab:





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  • yabadaba
    06-25 02:16 PM
    ^^^

    sorry for the bump...just trying to get a decent sample size



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  • GCard_Dream
    04-05 04:37 PM
    That sounds like a great idea except what would happen if you transfer the company and the current company revokes your I-140. The 3 year H1 extension is based on the approved I-140 but if that underlying I-140 is revoked, would the H1-B still valid or is that one of those gray areas?

    I personally really like this idea. Thanks a lot for this suggestion. Didn't think of that before.

    I am in similar situation with only three months left on my H1. My strategy is to apply for three year extension through current employer (done).
    Transfer to new employer only when I have an approved three year extension and then reapply PERM, I140 in EB2.
    I don't think 7 months are enough to get to I140 stage. Give room for things going south and for RFE if any.





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  • deecha
    06-17 01:20 PM
    So if i created an app and sold it, wouldn't i be working for myself and deriving financial compensation?

    He could have developed the app outside the united states. He could have written the app in his spare time (He is not being paid to do it, maybe just a hobby). When he sells the app., it is not a salary. It is more like a dividend or rent (An H1B/F1/etc. can legally own property and derive rent .. it is not employment income). Furthermore, he can set up a LLC or an INC and sell the app through that but he should not have worked for that company while developing that app.

    Lots of ways to get around it. Most laws are subject to interpretation and they're not absolute. If laws were absolute, we'd all be in the grip of tyranny and be slaves. There are only a few natural laws that are absolute.

    As one person said on one of the threads (I think EB2 vs EB3), there is a tendency for people to achieve something and then set the bar just below them to exclude other people from competing with them either through laws or deprivation of resources (History is replete with such examples .. look at the kind of laws and regulations people are trying to pass). We must guard against such behavior/attitude and allow everyone a fair chance to succeed in life.



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  • lostinbeta
    10-28 10:27 PM
    HAHA, yeah, because they don't see your previous versions (unless you save your previous versions and keep them as examples)





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  • pbojja
    11-06 10:03 AM
    Hi

    Immigration gurus - any suggestions/comments? Is this normal?

    Thanks!

    I got couple of weird updates in November one on my EAD and other on 140 which was apporved in 2006 .

    I received my EAD in October but in November they updated my EAD again to approved on Nov XX 2008 , If this is true I should receive one more EAD but I did not.

    Again today the status of my approved 2006 I140 changed to approved on Nov 5 th 2008 , I dont know if this is real . I will know in few days if I recieve other approval.

    For me I m not worried because both of them are approvals again .. Your case is different but as long as you have your approved 140 you should be ok . But if you do not receive any update in few weeks I would suggest you take info pass appointment and check with them , dont take it easy.





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  • casinoroyale
    09-05 10:11 PM
    Yeah, call customer service and ask them to send new copies with correct picture.

    Now the funny part is, who is going to get your picture on their AP. :D





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    ilanbenatar
    04-25 12:17 PM
    Thanks man, appreciate your quick response.
    Glad to hear you got your visa :) was it hard and strenious?
    I do know that the standards for the film & TV industry are tougher, but I think I'll go for the O and not the EB1 which sounds like a lottery.

    Best,
    Ilan



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