Wednesday, June 15, 2011

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  • pmpforgc
    09-28 10:52 AM
    Dear Members

    I seek your expert advise on following situation as my lawayer is not much clear on the topic.

    I am from India and filed through university my I-140 and I-485 Concurrently on August-22,2006 in EB-2 SCHEDULE A ( Categorey II) EXCEPTIONAL ABILITY which is still current for all countries including India.. I had not seen any activity on My I-140 yet and Now for EB-2 Premiumprocessing is available now.More over Schedule A is likely to retrogess some time in November,2006

    In this regards I need your guidance on following points.

    (1) Does the possible retrogession in November means they will retrogess from November-2006 onwards? or they may retrogess even before say March-2006 or any previous date.

    (2) If they retrogess from say Nov-15 than does it means that since I applied on August-23, My I-485s ( me and my family) will continue to be processed?

    (3) In the view of possible retrogession of Schedule A, do you think I should go for Premium processing or not? Does it will help in any way to avoid retrogession of I-485s

    (4)Based on past experiences, Does the application for premium processing hurt in any way in terms of final decision ( not the speed but out come approval or denial)?

    Your input will greatly help me in deciding about premium processing.

    Thanks




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  • pappu
    05-31 08:27 AM
    How can we reach the rest of ~496,000 skilled immigrants who are waiting for their green cards? where are they??
    http://immigrationvoice.org/forum/showthread.php?t=694&page=3

    has some ideas all members can implement




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  • ski_dude12
    05-04 02:51 PM
    So is it safe to assume that the extended H1B will not get invalidated even though the basis of extension was approved I-140 + pending I-485 and later the I-485 got denied.

    Going to the original question. The H1B doesnt get invalidated.
    The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.




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  • amsgc
    06-15 12:24 AM
    Once you apply for I-485, you are in "adjustment of status" - an intermediate status. No H4 is required. However, you can work only if you have a work visa or EAD. In case of a student, if you have OPT, you are ok to work.

    Thank you for your response, I appreciate it. Unfortunately, there is not OPT in this case.

    Due to the large number of cases to be received by the USCIS, it is just anybody's guess when these documents will be available, hence my question.

    My next question is, if one applies for H1 (cap exempt) for spouse, while the EAD is pending, is that allowed? I doubt if anybody had to do this, but it may be something to consider going forward.

    Thanks,

    Ams



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  • vallabhu
    06-11 10:14 PM
    I have used all my H1 years... I was not eligible for extension as my labor /perm was filed < 365 days. Currently on EAD with I 140 pending.. Am I eligible? :cool:

    Even I am situation due to I140 denial I am in 9th year extension, I have to start new process soon but I will work on it only I will be eligible for PP of I140.




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  • senthil
    09-27 10:53 AM
    try after a day or two. you should see it. else call uscis with lin#



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  • gparr
    July 18th, 2004, 06:12 AM
    Brandon,
    Welcome to dphoto. Nice images for your first posts. dphoto is a place where there are lots of great people who are more than willing to help you create better images. Keep posting photos and feel free to ask questions.
    Gary




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  • upuaut
    08-16 06:55 AM
    Yeah.. sometimes I've had to rework things that didn't quite work well enough the first time, broken apart.

    The dialsplash above was actually the 12th attempt or so at getting that right. Initialy I was using the texture of the stone broken apart and then filled. That looked fine.. but the symbols on the timeline didn't look good at all. I ended up importing the symbols to Painter6.0, creating the wheel there, with the symbols in place, and then using the whole thing as a fill.

    It may be that gifs look worse when imported than png's (ok there is no doubt that they look worse, but I mean proportionaly). That would explain why my pgn texture looked good when my gif symbols looked like crap.

    I'll have to do some more experimenting with that.. just to see what the deal is.



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  • reachinus
    02-23 04:01 AM
    You will just need the AP for yourself but make sure you return before the expiry date of the AP and not the I-94 any issued or stamp in the PP. For the baby you can use 1 of the 3 options available - Visa/PIO/OCI. Hope this is helpful.




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  • jonty_11
    02-06 05:57 PM
    Good advice vamsi_poondla. Changing job is always a problem in I-485 stage. Making this more flexible is one of the administrative fixes IV is proposing in the letter to the President. One more reason for everyone to mail that letter, if not mailed already.
    correct please get to the core problem rather than duscussing the cursory nature of AOS status. We need to get a resolution to our problems. Please post the letters...!!



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  • stemcell
    02-12 02:15 PM
    Thanks for the advice. The problem is that my employer is really small and it will cost him money to do it all and if it doesn't work out he will have to eat up the cost. Here in New York it will be very expensive to advertise for the job and the chance of getting qualified replies are really high and of course this economy makes it even worse. Maybe I'm just a pesimist but I seriously have doubts it will work out.

    puzon

    There are a lot of folks who shell out on their own for the GC process.
    Just weigh the risks vs benefits....

    do u wanna spend money on your own and start working on your PERM and if PERM gets approved and so does I-140 good for you

    OR

    leaving the U.S for an year and then risking the lottery, and be further down the line for the priority dates when you come back and start over the process.

    The way i look at it dont waste an opportunity, just apply and worse case u have a plan B

    only my 0.02




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  • desperatlyinwaiting
    06-15 11:31 PM
    Ouch, that hurt.

    We had an attorney and she did not prepare us for what to expect. However, I should have researched it and am now in a bind.

    Thanks for the advice.



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  • transpass
    02-19 05:44 PM
    Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
    You will lose H1B status if and ONLY IF, you use EAD.

    AP is only a re-entry permit and has no effect on your immigration status.

    Vivek Dude, I don't know about that...

    After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...

    For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...




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  • randomdude
    04-20 09:58 PM
    A friend of mine works for a non-profit and has always been with only one employer (employer A) . He had been on H1 for three years and then used his AC21/EAD card for a year now (again employer A - just wanted to save money by using EAD card instead of applying for H1 again). Can he reapply for an H1 again (same employer A again - no caps apply as this is a non-profit) or is it that once one uses an EAD card, H1 is given up forever?

    Thanks in advance



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  • guitarzen
    09-13 01:01 PM
    You're going to destroy us all! Giving people a program that makes web designing a lot easier is bad news for us web designers.

    The thing is...it doesn't design the web page. It is only a visual representation or layout program to help the client get ideas for what they might like. Once they get that...it still needs to be designed and the information added.




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  • factoryman
    06-18 05:56 PM
    what you are looking. Come out of the secret location and give some hints. Are you in Montana? Just kidding.

    I am not getting any appointment in June with any doctor within 60 miles from my place. So I took an appointment with a doc 70+ miles away for end of june. The only problem is I need to go twice 70 miles one way. The clinic suggested I do the blood work in nearby county clinic, but the county clinic wants 7-10 days to get results of blood work. I asked them for HIV and Sephallius test to be done. I already got TB Skin test(tested negative) done at county clinic.
    Can someone please tell what all blood tests need to be done, so I can check if any other doctor can do the blood work and I can save one 70 mile trip . Thanks.



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  • kart2007
    10-07 11:01 AM
    Hello,

    I am in exactly the same situation. I have received my renewal EAD but my spouse hasn't. Her EAD expires 4th November. USCIS told me to call back on 11th Oct which is 30 days after they sent it. I do not want to wait till 11th. I am pretty sure its lost in the mail.

    She is going to get a job offer next week, will she have any problems due to the fact that her EAD expires within 30 days?

    Also whats the best thing for me to do now?

    Please advise.




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  • thesparky007
    04-22 09:37 PM
    here you go kirupa
    i put a price for it




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  • maddipati1
    07-17 04:34 PM
    my wife used AP in Feb'09 end. IOs are very well aware of it, so take it easy, not a thing to worry. they do send u to secondary inspection room for sure, but didnt even take more than 5 mins for us and no questions asked. seems like they know what they are suppose to do. logically, with the # of IT immigrants in Bay area, they must be used to it.




    martinvisalaw
    03-16 04:27 PM
    1) Since she doesn't have any paystub/w2, is it possible to do COS?
    She doesn't need a paystub to change from H-4 to H-1B. In fact, a paystub would hurt since she should not be working in H-4 status.
    2) If #1 is okay what are DOCs she or me (if applicable) has to provide.
    The employer's attorney will tell her what documents she needs to probe her current status.
    3) How long does it take to complete the COS if done by PP.
    PP guarantees a response in 15 calendar days
    4) How much risk does this case carry/what are the issues she could face?
    What type of risk do you worry about? I don't see any more risk here than in any other H-1B petition.




    silvergga
    02-27 02:20 PM
    Mostly my question was misunderstood...

    I am not asking about Visa Bulletin etc. I know about VB. I am also not asking about porting EB3 to EB2. My question is very very simple...

    "ASSUME" that EB2 and EB3 dates are CURRENT then who would get priority? Is it based on RD? or EB2 vs EB3...

    1) EB3 people believe and argue that it doesn't matter.
    2) From what I have noticed on , eb1 > eb2 > eb3.
    3) But it's not like USCIS will process all eb1 cases, then eb2 cases, and finally eb3 cases.
    4) In the end, USCIS is a black box system and no one knows exactly how they work.
    5) If your PD is current, be happy and your GC should come soon enough. Why bother about the details?
    6) The simple logic is, eb1 has higher qualifications than eb2, and eb2 has more qualifications compared to eb3. If you believe they treat everyone the same, then be happy and stick with your belief.



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