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  • wellwishergc
    12-11 12:46 PM
    The way I see it, this is a step towards getting more revenues for USCIS. With the elimination of concurrent filing, USCIS is expecting more applications for I-140 premium processing, which will lead to additional revenues.

    They are going in the opposite direction, looks like our efforts have angered them more than anything else.





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  • krishna.ahd
    02-17 10:32 AM
    In this current scenario , by the time anybody get to file 485 , he/she would have spent considarable time with the same employer with no promotion and pay hike. The thought of to spend another 1 year after green card leaves everyone shivering and hence was my earlier post





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  • sid
    04-02 02:00 PM
    Zcool,
    I applied for my H-1B extension and got an RFE asking for contracts and client letters for the requested period i.e., for the next 3 years.
    I see that they asked for client letters from you ... but did they ask for the next 3 years? and if so, did you guys reply the RFE with a client for 3 years?

    I have been working at the same client for the last 3 years, through a vendor. Mine is a small consulting company. The client has been extending the contract in 6 month increments and I could get a client letter for the next 6 months only.
    Same is the case with the contract.

    I could not file for 140/485 in july, 07.. so do not have the EAD safety net.
    Please advise.

    Thank you.





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  • kumar1
    08-04 09:12 AM
    Myht 1: If I-485 gets denied I have H1-B to as a back up.

    Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.

    Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.

    Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.

    Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.

    So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.

    Gurus.....any comments?



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  • JunRN
    02-11 11:47 AM
    VB was distorted by the fact that LC process was expedited and back-log was cleared recently. Some of those with early PD just got LC approved and able to file last July 2007.

    Therefore, getting back to old VB is not expected soon. I predict that it can take a year or so before it gets back to May 2007 VB.





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  • Pagal
    03-22 09:51 AM
    Hello,

    So yesterday (Saturday) was another surprize, a pleasant one again! I got a call from the same IO who told me that he got all the documents that I had sent and has cleared my case for approval, but now my fingerprints have expired.

    He asked if I could come right away to his office and he could give me an instant fingerprinting appointment in the nearby INS office. When I told him that I'm currently out of country on business trip and won't be back in US till April, he said he will send me an appointment near April 15th.

    I thanked him for his follow-up and he said he was just doing his job. I know this might be an exception than a rule, but just wanted to acknowledge this particular IO and hope there are more like him.



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  • vivekjay
    08-05 05:29 PM
    For EB based guys, my understanding is that this PD is same as Labor Certification PD which was used for GC - correct me if I am wrong.[/QUOTE]

    PD for family based visa is based on the date you file your I-130 for your Spouse. Nothing to do with the Labor certification.





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  • msp1976
    10-19 02:09 PM
    Can you change job after you get 3 year extension (based on approved 140)?

    It is kind of dicey...If you are quick enough you can pull it off...
    You can refer to some posts up above that some people have actually done it..

    Especially if you are laid off you have not much to lose and try something ...
    USCIS has traditionally not taken a hard line against H1B as far as I know...



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  • pd_recapturing
    03-16 02:14 PM
    Stop advertising a lawyer. I find him very speculative. He wants everyone to come to his site and you are falling for it.
    Teli,
    Which line of my post suggests that I am advertising for him? If someone posts a link from a news paper, does it mean that he/she is advertising for the news paper. I just found it on his website and found it relevant for us so I posted it. For your information, I am not his client.





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  • Pegasus503
    02-11 06:22 PM
    How about, those who made incorrect predictions to pay $50 to IV?:D

    There is no such thing as an incorrect prediction....it's just the time that might be inaccurate.



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  • sanjay
    02-11 09:05 AM
    Good news is around the corner. Its just a matter of couple of months. I strongly feel so...


    AMEN. Good to start a new week on positive note. It keeps us motivated.





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  • rxsimha
    03-17 04:09 PM
    In continuation to the below thread, I was asked to start a new thread

    http://immigrationvoice.org/forum/showthread.php?t=24403

    Below is my question, please find some time to respond

    I currently working on H1 for the last 5 years.
    I am a July 2007 I-485 filer and have my I-140 approved.

    From what I read from the above thread -

    1. Does it make sense to fill an I-9 form with the same employer and start working on EAD, instead of burning my remaining period in H1?

    2. That way even if for some reason my I-485 gets rejected, I can continue working by switching to H1?

    Thoughts....



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  • paskal
    07-25 09:01 PM
    mean NOTHING.

    My I-140 was approved in June.
    Even as of now- the processing date in NSC for EB2-NIW is Feb 07.

    My EAD was approved in July, has the NSC processing officially reached my RD? of course NOT! It's still stuck on April 16th.

    The dates are a joke.





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  • pd_recapturing
    08-28 08:14 AM
    I am also in same situation. Two 140s (eb2 and 3) both have same PD. Have beed trying for interfile from last one year. I do not know if my case is eb2 or still in eb3. I enquired from Congressman and she told me that my case is assigned to a IO on 6th Aug so its in eb2. She is not listening to anything else after telling me this information. I have infopass on 2nd Sep. lets see ...



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  • jamesbond007
    11-13 01:59 PM
    ^^

    Pappu,
    I am assuming that you are looking for someone who was "layed" off; not necessarily just the end of their contract??

    May be you ought to expand the criteria to also include anyone who has changed their full time job will-fully?





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  • kc_p21
    04-22 10:41 PM
    Do you know any example of I-485 got rejected after using AC21?

    My lawyer says they haven't seen any case like this before. I want to make sure before I change jobs.

    Thanks,



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  • desi3933
    03-02 03:24 PM
    Changing citizenship does not affect how Priority Dates are recaptured (aka pd porting).

    Once you are Canadian citizen, you can also avail TN visa (in addition to H-1B) to work for US employer.
    Check this link
    NAFTA • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/nafta.asp)


    _______________________
    Not a legal advice.
    US citizen of Indian origin





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  • Dhundhun
    10-07 07:28 PM
    I was just quoting that there may be legitimate reasons but this is not a good reason...

    It is a very sad story.

    I think Karthik Rajaram, the unemployed financial advisor became insane because of financial pressure and internal family problem and did that shameful act.

    It is hard to imagine two people aged 45 and 39 with three kids aged 19,12 and 7 can't survive in US - they mush have Citizenship or GC. This sad episode defenetly does not earn Indians a good name. They could have looked out and seen how so many illegal immigrants are surviving. I have heard several times that when God shuts one door, he opens another. Is it in films and story books only? I think, they have not filed for bankrupcy protection yet.

    May God bless their soul peace.





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  • hanu_78
    08-14 07:53 AM
    Count me in too
    I am totally pissed off with this system. The only wrong step which i took was applying in EB3 when i had three years of experience. Now i have a total almost 10 years experience in IT and still waiting like an illegal immigrant for GC.

    PD : EB3 SEPT 2002.





    corba
    05-09 10:52 AM
    I am already actively participating in all the event for "Filing 485 when PD is not current" in immigarationvoice ...

    I sent my contribution amount for IV's April month washington campaign also ...

    I understand 221g is an action to prevent fraud. But at the same time consular officer should give a chance to prove visa applicant's point at the time of interview. In my case I had most of the docs at the time of interview, Why don't they accept those docs and start processing immediately, then I would have saved some 3 weeks ...

    Moreover, Not all ther employer will hold your position, If your case is taken long period for approval. They have to run their business ...

    So I would expect DOS should change the way of handling 221g cases. Right now It's too lenghty and more confused ...





    manojp4
    07-19 05:12 PM
    I agree that IV should be focused, but this doesn't mean that all the tasks within that focus group need to be worked on in one go. I was just suggesting that excluding dependents from visa numbers is something that we can probably add to a forthcoming bill. Or at the very least, let dependents file for I-485 without the requirement that PD of the primary applicant be current. Just think about it, the main reason why the majority of the members are happy now is because they expect to get EADs for their spouses so they can start working, not because their GCs will be obtained any sooner. Let's not forget a potentially sizable portion of our member base (whether they have already contributed is another matter, this might actually inspire them all to contribute) who while thankful to IV are unsure of what lies ahead for them and their (future) spouses.

    And yes, my sympathies out to the labor backlog victims too. With hundreds of thousands of people applying for their AOS now, I wonder when they would be able to file for their I485 at all. The same question is being asked by many singles as well.



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