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  • ssterian01
    07-07 04:38 PM
    Quickly, this is what I know so far. If you bring your wife here on H4 and then decide to work on EAD you will have to change her to F1 before you stop your H1B.
    This is because she will have to be in status to aply for change of status (H4 to F1). Howeve she will be stuck in US after she will be on F1, because no US Emabassy will not stamp her F1 visa in India or elsewhere is you are in US and have applied for GC
    So, no problme if she comes on H4, then switches to F1 (while you are still on H1B) and stays on F1 until your dates get current and you add her on your app. After she gets F1 from H4 though, she has to stay in the US




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  • psaxena
    11-19 05:30 PM
    No wonder they can do this , after loosing the case 2 times in the lower courts now they are taking the case to supreme court. Well they got the money , lawyers and dedicated paid employees to work on it fulltime, they can do all they want. Advertise on CNN and get a complete page ad on WSJ. But we have got guys who are sitting on the margins waiting for their Labor to approve to start making the donation. Well you may not last that long here in US to make the donation my friend in this case.
    Also guys don't think antis have got problem with only H1B, no, they hate everyone. Don't think you got EAD so you are safe. They are going to target everyone. They are racist and hate anyone who is Indian.

    They don't have the volume like us , but what to do with this huge useless volume who are good for nothing. Our members starve to death by donating a fews bucks, loves to question who tries to do anything good and most of all always keen to get there issues to be taken care off at the first place. this is a loosing battle with these type of members in the community.
    Every group has started drumming up for the CIR.. its high time guys get together and shell out money from your pockets and donate IV, otherwise you will keep regretting for not doing this.




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  • vik123
    01-18 08:50 PM
    My I-140 receipt date was May 31,2006.I got my approval on 27th Dec 2006.So it took them 7 months to approve my case.




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  • cdeneo
    01-11 04:39 AM
    Thanks so much for your feedback on this query - this is really helpful.

    I am a resident of Washington state and would really appreciate any additional information you can share with me regarding eligibility and application for UC benefits here (documentation required (A# required?), other application requirements to be aware of, etc). My I-140 is approved and I-485 has been pending for more than 180 days and I am currently working on my EAD.

    Thanks again for your help with this query, I look forward to hearing from you.

    There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?


    The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.

    As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.

    To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.



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  • immi_2006
    02-13 10:35 AM
    My 485 receipt Date is July 5, 2007. Today i got a mail saying they have sent an RFE on my 485 App. It could be for Original Employment Letter as i sent a copy of the letter.

    FYI my PD is Sep, 2006 EB2 India




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  • jeda
    10-26 06:36 PM
    Thanks everybody for the responses.



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  • pappu
    08-12 12:52 PM
    IV core,

    Thanks very much for your tireless work.

    I have some serious questions to you. Hope you will answer them. I fully understand that you are all volunteers. I am not demanding anything; rather this is a request...

    1) Does IV working on any temprory EB visa fix for people waiting for 8 years? Or IV is waiting for CIR to happen?

    2) A simple one line amendment (that is easily acceptable by the lawmakers) in a must pass bill will fix the problems of long time sufferers. Does IV have anything in its agenda?

    3) Does IV beleive in bringing releif to IV members in steps or do you want to solve all members problem in one shot? If the second case is true, is it possible in this economy?

    4) Recently many immigration related amendments are debated in congress; not for one bill but during two bills. There was no single amendment that helps the heavily retrogated categories. Why IV is not successful in requesting the lawmakers to bring up an amendment? Is there a single soul (lawmaker) sympathetic to our cause? If money is the only issue, I will donate first and persuade my friends to do the same.

    We (me and many of my friends) were once active members right from the early days of IV. We contributed and involved in every IV initiative before. Now we are in the sidelines. I strongly beleive, members like me will be active again once we see any hope. Right now there is none.

    We are open to all possibilities in getting relief (big or small) for the community.
    You may want to read more about the process of a bill , politics of the immigration issue and how it affects any bill. It is not as simple as one line amendment.
    Please get involved with IV and learn more what we are doing. Try getting appointments with your lawmakers and take part in action items. We currently have an action item going. You will know how the process of amendment and bills work. Opening threads asking IV core is not going to help.Help yourself by actively getting involved.

    BTW Could you update/complete your profile. This data is helpful for IV advocacy efforts and also for IV tracker.




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  • legal_la
    07-17 04:59 PM
    Guys,

    August visa bulletin does not look good, but see point D which states that I485 in in JULY will be accepted.

    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdraw


    http://www.travel.state.gov/visa/frvi/bulletin/bulletin_3269.html:D


    finally it is official. No mention of additional time (couple of weeks in august) to file 485, so i guess we have until end of this month...



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  • sangmami
    08-16 10:56 AM
    i dont see any of the above said...:o..how lond does it take for us to receive rn in hand after the checks are cashed...I am starting to worry now.If everybody can see the rn why icant i!:o...The uscis cs is not telling the status...Is there a possiblity of appl rejection even after the checks are cleared.:confused::confused:
    Thanks.




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  • logiclife
    03-17 01:13 AM
    3/16/2006

    All immigration voice contributors:

    On behalf of immigration voice I would like to express my heartfelt appreciation, for your thoughtful and generous gift. We have
    reached our goal of "60K by 16th" today. Last checked, the contributions slightly reached over 60,500.

    Through the support of individuals like you, Immigration Voice is able to continue our advocacy efforts in Washington DC to bring
    immigration reform for legal high-skilled immigrants. With your continued support we will keep our efforts up until we have reached
    our goals because its simply too important to not give up EVER.

    Again, thank you for the generous support. Your gift, along with the gifts of others, will enable us to continue our advocacy efforts
    through every bill and every legislation that can help us achieve legal-immigration reform.


    Sincerely,
    Jay Pradhan.

    http://www.ebsworth.com/gallery/images/u106_thank_you.jpg



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  • psam
    10-21 01:13 AM
    . if my pre taxed salary is $ 5000 per-month , if I submit expense statemet for $500. Then my employer will send a check of 500 and paystub i.e. direct deposit after applying tax on $4500.

    I am not sure whatever he is suggesting is good tyhing to do and it will not have any problem for me.

    I don't think you will get in trouble with IRS. Because your W2 will have less salary stated. However for H1-B purpose, you salary will drop from what was probably stated on your H1-B application. No one is going to notice this. But just don't do this, when your H1-B stamping or renewal is near, so that you will have full salary mentioned in your recent paystubs.

    --I am PC. Not an attorney or tax consultant :)




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  • ttdam
    11-01 06:30 PM
    I did it in Kinkos, I took all data pages in color and empty pages in black and white. It cost me around $15. (For two people). I also included all I 94 Cards.

    Thanks eadguru

    I did it in STAPLES almost the same,

    Will keep posted with new updates...



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  • supu
    12-05 08:14 AM
    Vishwak,

    Thanks for the quick reply. For your answer to Question2.. my employer and some suggests not to file Ac21. just for the record sake i would send them a note that i would come back to the sponsoring company.

    Do you think it is an option not to file Ac21 and still manage ? or will there be any issues for not filing ? any way i have to go back to the sponsor when its time...

    If u dont file CA21 , just make sure , u dont leave and re-enter usa.
    U may expect trouble at the airport.




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  • vijayam
    09-15 04:59 PM
    Hi,

    I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.

    But my school said I cannot get my degree certificate till December 2006.
    My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.

    Please suggest.

    Thank you,
    Vijaya.



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  • shana04
    04-24 11:25 AM
    Finally, My I-485 got approved.
    PD:MARCH2002, EB2, INDIA
    RD: MARCH 2007
    Thank you All!!
    :)

    I wish you good luck in all your future endeavours. Good bless you and your family.

    Pray for all.




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  • shana04
    05-18 05:42 PM
    C'mon, the clue is in your RFE. It's from day of entry (this means last entry) to the filing of I-485. Previous entries do not matter for I-485.

    Was her I-94 still valid at the time she filed I-485? If yes, then you should be ok.

    Day of first entry not the day of last entry.

    But you have gave me a valid point.

    I am working with an attorney and would let you know the progress. It might be helpful for at least few.



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  • nkavjs
    09-12 10:20 PM
    same situation...

    sent to USCIS Texas on June 29, received on JUly 2nd at 10:25 AM. no receipts and no checks cashed yet. the USCIS receipting notice Texas said that they have finished receipting July 2 appl. what happened to our appl then?
    pls anyone who filed july 2 at texas and with the same info who got their cks cashed and receipts rec, kindly share here. tnx!

    No news yet.. no checks cashed.. I am still waiting..




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  • EndlessWait
    06-03 07:31 AM
    Is there any impact on AC-21 guys.... I changed my attorney to Fragomen after using AC-21....

    My labor filed back in 2002 by different attorney and approved in a year.... Now I wonder if there is any impact on my case since I'm using Fragomen as my attorney while AOS is pending....

    as per the article..fragomen didn't file labor or 140 , as it was filed by my employer ...so i hope it should be fine!




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  • validIV
    03-17 11:40 AM
    Also india Eb2 will get 25k visas for this FY

    Where did you get this info from? source?




    waitnwatch
    05-25 07:40 PM
    Here is my reading of the amendment.

    If you look at the original bill (S2611) Section 508 reads

    SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

    (a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-

    (1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:

    `(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

    `(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

    `(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

    **************************************************

    Bingaman Amendment 4181 and 4182 on the other hand state

    Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
    ``(2) VISAS FOR SPOUSES AND CHILDREN.--
    ``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
    ``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.

    ************************************************** ****

    Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.

    SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
    Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.

    I would appreciate comments as my analysis may be wrong.




    eb3_nepa
    02-12 06:09 PM
    I guess most of us dont want to take the pain of "mailing the letters"

    How abt someone obtains online authorization to mail letters on members behalf.
    I mean members authorize mailing a letter on their behalf by IV.
    !?
    Question is asked when they sign in... or login to the website!

    Now hang on a minute there!

    There are IV volunteers leading double/triple lives juggling full time jobs, families AND full time IV work and some members have the GALL to say that:

    I dont want to take the pain of "mailing the letters"

    Anyone giving this excuse has ABSOLUTELY NO RIGHT from this point on to complain. This is as easy as the IV core can make it! Write those letters or SUFFER IN SILENCE



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