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  • rockstart
    10-07 01:16 PM
    You were on dual status till Sep 30th which is AOS & H1B. From Oct 1st your H1B has expired but you are in country on AOS status. You have a valid EAD that will allow you to work. So no worries as far as status issue goes. I know many folks who have willingly let their H1B expire and moved to EAD.

    If you need to move back to H1B it is possible your lawyer needs to file a Nunc Pro Tunc H1 application so that it is backdates to Oct 1st.





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  • mchundi
    12-17 08:42 PM
    Most of the states had processed RIR cases till May 2002. N.J (05/2002) and
    NY (10/2001) before all the applications were sent to BEC. So most of the
    Applicants with these dates must have already got their Green Cards . Some of my friends with these dates have already got their GC some 1 year back.

    It is Non-RIR cases which had 04/2001 processing times with NJ , NY being the states which were backlogged. It is these applications which would be
    causing these delays. How many percentage of EB1 , EB2 , EB3
    (Employement Category) applications might be in this process. ? If there are
    less number of applications then Processing Dates may move forward to
    2002 / 2003 for India.
    Based on the serial numbering in the pre BEC scheme, there are an average of 1k-2k peteions from california alone for the 2002/2003 years. Many Indians amongst them. Thanks the BEC's most of them locked their PD's (hopefully).
    If u look at the distribution for the fiscal year 2005, EB-2 did not use much of the surplus AC21 numbers. So why is EB2 retrogressed for India and China now. As somebody indicated in other threads, the USCIS may have suspended the AC21 act. But if they did that it wud not have moved to 2003 at all. So nobody really knows their formula.
    Unless the state dept releases the statistics for the fiscal year 2006, we dont know what actually is happening. One thing though, they need to further break down the ROW EB3 and establish cutoff dates for other countries as well.
    What about EB-3 (Inda). Hopefully it will move to 2002 very soon. After that i think it has better chances of moving up than EB-2 (India) if the USCIS is following the strict 7% limit.





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  • gchopes
    04-25 12:38 PM
    Hi all,

    I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).

    gchopes





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  • windycloud
    07-28 12:18 PM
    Senator Charles E. Schumer (http://schumer.senate.gov/new_website/record.cfm?id=314990)
    __________________________________________________ ________

    Ah never mind, I didn't realize it's old news.



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  • paskal
    12-05 04:12 PM
    Thanks but I'm not moving in that area.

    he's moving exactly where we need him :-)
    good desicion!

    we are going to steal all the superwomen too from texas....need(s-no)help! when does that new job/move plan kick in? c'mon now we need you in some state with a dead chapter! Tx has too many riches...let's do some affirmative action...diversity...country quota...whatever...!





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  • Carlau
    01-24 11:55 AM
    I have a suggestion, offer your company to pay a half an hour consultation with a lawyer, such as Sonal Mehta or Hooyou or Shusterman, this way you will not only get your H-1B 3 year extension but you will save your company from paying the 1k+ attorney's fee x 3.



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  • laksmi
    12-06 10:54 AM
    Increasing H1B quota may not be the good choice, US Economy needs stability in immigration, immigrants should be issue with GreenCards for pending AOS and thereby people can invest to buy house and stay in this country.





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  • kabeer_g
    08-10 04:12 PM
    A question on consular processing vs I-485. She already has a tourist visa. Also since she is deriving her green card status from mine, her priority date is current. Could she come to US on her tourist visa and we file for I-485 here instead of doing consular processing?

    Thanks,

    Dinesh



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  • gcdreamer05
    10-02 01:47 PM
    I saw so many RFE recently. I am wondering If there is RFE, the attorney can not represent me. Can i just send RFE by myself to CIS? Or the attorney has to do it.

    Thanks

    RFE one pending 485 or RFE on what, please clarify...





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  • she81
    06-30 01:42 AM
    I am using a labor substitution (dated 2005) that requires BS + 3 years. I had only 2 years experience by 2005. But I have an MS degree in related field. Would this be ok? Would MS+2 years suffice for a labor for BS + 3 years?

    Please respond soon. I have prepared all my paperwork for I-140 and I-485 and meeting the lawyer tomorrow. I am planning to file by Monday. My stupid attorney told me only today that the experience mismatch can be a problem.

    Thank you all in advance.

    You can if the requirements are worded in such a way that they could use equivalent education in lieu of experience. you really need to take a look at the text.



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  • Reddy1576
    07-27 10:17 PM
    I have another question if my I-140 is in appealed stage will my H1 b would be approved? If approved what are the chances of getting approval if i tranfer my H1b with the different company while I-140 is appealed with the existing company?

    can i apply one more I-140 , and what will be my case in this situation?


    Thanks
    Reddy





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  • rambo45
    09-28 08:56 AM
    It is possible that the employer may sue you. But since you would be finding a new job, you can always ask your new employer to give you a sign-on bonus which will be equal to or greater than the expenses demanded by your present employer.

    Thats my 2 cents worth.



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  • agc2005
    10-26 11:02 AM
    July 2nd filer, checks cashed on 10/16, still online status not available.





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  • H1B-GC-NY
    03-10 05:16 PM
    Any I140 recent approvals regarding 3 years degree Education RFE?



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  • gc_chahiye
    10-26 03:43 PM
    My Lawyer is saying that we cannot apply for AP without a valid reason and a valid paper such as someone is sick or wedding with a proof.

    Is this true?

    Thanks,

    PD Feb 2004 - EB3 - India
    I140 Approved - May 2007
    EAD Approved - Oct 3
    EAD recd Oct 10
    H1B Status Valid - 2010.

    I had the same concerns on reading the instructions on the I-131 pplication form for the AP.

    On page 2:

    "Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States or a temporary period of time due to a compelling emergency."

    And later on page 4 section III B 1 they go on to say:

    You may apply if you have an adjustment of status application pending and you seek to travel abroad for emergent personal or bona fide business reasons


    However on confirming with my lawyer this is not really enforced by USCIS. You can request an AP without submitting proofs of personal emergency or a bonafide business reason, and USCIS will grant you an AP.





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  • pappu
    08-21 08:26 AM
    "To speed up processing" seems like a standard reply for anyone whose case is transferred.
    Once it is transferred, you may get the status message that says- "it is following normal processing time"



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  • axp817
    04-11 07:20 PM
    got my 2yr EAD on Apr 1 and now a soft LUD on my 485 on 4/10.........and my date is nowhere close.....its feb 07....not sure whts going on.....I discussed it with an attorney in worse cum worse case I will be exploring the self employment clause onyou EAD......

    Anyways if they issue an RFE isn't it generally mentioned there....in my case its not stating any status change........just a soft LUD

    regards
    Saket

    Saket,
    It is very common to see soft LUDs on the 485/140 when your EAD/AP get approved, especially if the 485/140 and the EAD/AP were filed at the same service center.

    And yes, an RFE is almost always accompanied by a status change/hard LUD, reason I say 'almost' is because of the recent issues with the TSC computer system.

    If you end up going the self employment route, please do keep us posted, I am sure many here would like to understand how that works and possibly explore it themselves.

    Good luck.





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  • ufo2002
    09-11 04:50 PM
    EB3 RoW is 3rd biggest group... so not everybody is Indian after all!
    Just j/k, :p





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  • Munshi75
    06-06 07:30 PM
    Indian consumers have to bail out Tata soon as the bogus credit rating agencies consider to downgrade its ratings troubled after Tata placed its hands on those two white elephants. Or we can balme it on Ford and Mulay.





    sweet_jungle
    12-12 12:51 AM
    went for infopass for correcting wife's DOB. Officer said it cannot be corrected here. After some protest, he took photocopies of birth certificate and passport and then sent e-mail to service center. Also, enquired about her EAD which is now pending for 110 days. Officer was not able to say why it is pending. just have to wait.

    My wife went for her biometrics today and what a surprise, her date of birth on the system was wrong.
    She only had DL on her and no passport. So, the ASC staff took her biometrics but refused to correct her DOB, claiming that passport was needed.
    So, we called up USCIS and upon description of the problem,were immediately transferred to level 2. Level 2 looked at the cases and confirmed that DOB was wrong on I-485. It was correct in I-765 and I-131. She said that the only way to correct it was to take infopass and present passport and DL.

    It is now more or less clear that DOB mismatch has caused her EAD to be stalled for so long.I have already got my EAD.

    Moral of the story : take passport for FP, infopass, etc. all the time.

    Our EADs and APs were filed separately with I-485 courier receipt. What a mess !!

    lets see what happens at infopass.





    srinivas_o
    08-22 02:54 PM
    Bump



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