Tuesday, June 7, 2011

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  • swaraj
    11-11 11:06 AM
    desi485, thanks for the tip.
    I found this link which mentions that one can apply for a new visa before expiry of current one:
    http://www.usembassy-mexico.gov/eng/evisas_faqs.html#11

    But it is for US embassy in Mexico, and there is no mention if there is minimum time before expiration date. Will it apply for US embassy in Delhi too?





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  • vin13
    09-10 09:02 AM
    As the health care debate draws more hate against �illegal immigrant coverage�, the Democratic Senator charged with introducing immigration reform legislation is making more excuses instead of moving forward.

    Sen. Charles Schumer, D-N.Y., has decided to delay introducing legislation to overhaul the nation�s immigration laws in hopes of bringing more senators on board and crafting a bipartisan bill, his spokesman said Tuesday��We are pleased with the framework we have put together so far and the broad-based support it has gotten from a diverse group of those interested in this issue,� [Brian] Fallon said. �The fact that health care is taking longer than expected gives us additional time to now shop our ideas to a number of Republicans to see what they think and what changes they suggest.�





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  • willigetgc?
    01-21 12:15 PM
    I am speculating this. Elite people in USA predicted this situation in early 90s and they put Country quota. We all knew that countries like UK, Germany, France are Staunch Allies of USA for many decades. So USA did not want those country persons to wait years . India was least favored country in past due to many political reasons. Though it is changing now still USA may like to give preference to many of their close Allies. Canada had TN Visa but India does not have similar thing. If this is a speculation then it is possible to change Country Quota. I strongly believe that it is easier to increase GC quota or recapture bill than removing country quota.

    The country quota extends to all the nations and is not specific to few countries (India, China....) UK, Germany, France have country limits too, its just that their countries are not oversubscribed like India, China...

    Country quota has no place in employment based green card system. The skill set that I have and that my employer seeks has nothing to do with the country that I was born in!





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  • bekugc
    07-18 01:56 PM
    hello,

    MY Opinion!!

    since u have used substitute labor, id guess that the Priority date of labor is pretty old (hopeing 2000-2002 range).

    if ur PD is old, then rushing for 485 doesnt make sense. Rushing now is for those whose PD is 2005/2006, its their only chance before dates retrogress again. if u have OLD PD, then pretty soon, ur date will become current again, and when ur 140 comes thro u switch job & can apply for 485.

    1. Anyway, resigning ur existing job and applying 485 with new company is not much beneficial. u cant use AC21 untill ur i140 is approved, anyway u have to stick at one place till ur eligible for AC21. if i were u , given a choice, id stay with a known demon (rather than unknown angel)

    2. if ur substitute's labors 140 gets cleared..then switch to new company...apply 485 and in 180 days , ull be eligible for AC21, if relationship with new employer gets sour use AC21 and move on.

    3. u still have 2.5 yrs on H1..this is a +ve point on ur side to take RISK of switching employer now. Id do this only if the PAY in new empoyer is so much high than existing, so that its WORTH taking the risk.
    since its substitute labor, ur 140 cant be premium processes. as per previous experiences , if ur nebraska, 140 mite take 9-12 months , texas its little faster. so even after 1 yr,,if ur substitution Failed, u still have 1.5 yrs on H1, enuf time to switch H-1 job, get/apply for perm and get 6+ yrs extension.


    Your lucky that new employer applied for 140 without expecting u to get on the payroll. if i were you, id thank God for that, and wait till 140 gets cleared before joining new job.

    :-)



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  • gcnirvana
    04-26 08:14 PM
    Brownback rescinds immigration bill support

    http://washingtontimes.com/national/20070425-110212-8486r.htm

    Look at this story. Sen Brownback, who supported last year senate passed CIR, now turning back. Sen. McCain already back off.

    "I would not vote for the same bill," Mr. Brownback told reporters yesterday morning, saying that after the bill passed the Senate he had a chance to study its effects and decided it led to too much immigration.
    It's a major reversal for a man who is listed as one of seven original sponsors of the bill, along with Sen. Edward M. Kennedy, Massachusetts Democrat, and Sen. John McCain, Arizona Republican, who spearheaded the bill.

    I agree with Logiclife. This is a news article and gcretroiv should have posted it in the News Article Thread. This way forum members can read it and it does not stick out as bad as it is right now.





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  • wandmaker
    11-22 12:28 PM
    She should enter in the US on H4, for which you will need to keep your H1 valid at least until the time of her entry.

    Correction: He has to maintain the H1 even after his wife enters the USA in H4 status. If he looses H1B status by any means, his wife's H4 is invalid and she will be out of status. So, he has to maintain H1B status until his wife files AOS/485.



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  • fadingblack
    09-20 07:30 AM
    Screw em if they don't like it. I know if I don't like the program, it goes right off my machine and probebly wont ever be tested again.

    he, he... we speak the same languaje here. :P

    Thanks for those opinions. I will try to mess a bit with painter to see if something comes up. I will let you know who won the fight, my patience or the bloddy million of buttons!!!

    Thanks David! Oh, and thanks for the "bookseek" too. =)





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  • bestia
    07-19 12:18 PM
    Basically the receipt notice we will get soon would have a 'received date' and a 'notice date'.

    I read in another forum that 90-day count starts from the received date.

    I am not sure though!

    Why is it that important? Before EAD was taking about 1.5-2 months. Now it will take a lot more, more than 90 days. I don't think now they will care about that 90 days thing. It wasn't a law requiring them to issue EAD in that period, they were just saying "if you haven't received in 90 days - call us" - that's all.



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  • sagar_nyc
    01-26 11:22 AM
    I am planning to move to different residence. My 485 application is currently pending.
    Has anyone successfully filed change of address form? and have their EAD or other documents deliever to their new address correctly. Reason I am asking my friend changed his residence while his 485 pending and all his document would still come to my address (his old address). He made numerous request to USCIS and files for AR11 etc. His all documents EAD.. even Green card also came back to my address(His old adress). At least he was lucky that I was still staying over there.

    Any thoughts much appreciated.





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  • cdeneo
    01-05 04:44 PM
    I did not make the mistake of sending her abroad, she had gone on her own accord and overstayed until her AP expired and now wants to come back (as I said some of these issues were not in my control).

    Thanks for suggesting the I-131 route, I will look into it and also ask an attorney for guidance in this regard.

    Sorry to know about your situation....

    Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.

    This is very tricky, there is only one solution.

    You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.

    Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.

    If you had already known about this, why did you make the mistake of sending her abroad....



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  • Green.Tech
    03-12 05:56 PM
    If you are looking for career change PT MBA is not a good option,you can do PT MBA if you are typically further along in career, often on track for advancement to senior management and you need to balance heavy course load in addition to work and family. I'll be graduating this May from Wharton (Executive MBA) I'm already started getting lucrative offers from consulting firms but unfortuately my I-140 is still pending

    So, will the new jobs "change" your job description to render AC-21 ineffective (similar or same category job etc.)?





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  • poorslumdog
    10-11 04:05 PM
    :=)



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  • bekugc
    07-18 01:56 PM
    hello,

    MY Opinion!!

    since u have used substitute labor, id guess that the Priority date of labor is pretty old (hopeing 2000-2002 range).

    if ur PD is old, then rushing for 485 doesnt make sense. Rushing now is for those whose PD is 2005/2006, its their only chance before dates retrogress again. if u have OLD PD, then pretty soon, ur date will become current again, and when ur 140 comes thro u switch job & can apply for 485.

    1. Anyway, resigning ur existing job and applying 485 with new company is not much beneficial. u cant use AC21 untill ur i140 is approved, anyway u have to stick at one place till ur eligible for AC21. if i were u , given a choice, id stay with a known demon (rather than unknown angel)

    2. if ur substitute's labors 140 gets cleared..then switch to new company...apply 485 and in 180 days , ull be eligible for AC21, if relationship with new employer gets sour use AC21 and move on.

    3. u still have 2.5 yrs on H1..this is a +ve point on ur side to take RISK of switching employer now. Id do this only if the PAY in new empoyer is so much high than existing, so that its WORTH taking the risk.
    since its substitute labor, ur 140 cant be premium processes. as per previous experiences , if ur nebraska, 140 mite take 9-12 months , texas its little faster. so even after 1 yr,,if ur substitution Failed, u still have 1.5 yrs on H1, enuf time to switch H-1 job, get/apply for perm and get 6+ yrs extension.


    Your lucky that new employer applied for 140 without expecting u to get on the payroll. if i were you, id thank God for that, and wait till 140 gets cleared before joining new job.

    :-)





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  • desi3933
    06-12 04:51 PM
    .......
    In your situation, I would probably apply for the EAD but ask a new employer to also file for H-1B status for you (assuming you have H-1B time left)
    .....

    The person should be eligible for H-1B (even if 6 years are complete) as he/she has I-140 pending or approved. If I-140 is pending, then H-1B can be filed for 1 year extension, if I-140 is approved then H-1B extension can be upto 3 years.

    My 2 cents.



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  • panduputhran
    07-27 03:50 PM
    I see 2 sets of people in this forum. One who has recent priority date (2005-2007) and they want to process I-485 by receipt date and another set who has much older PD, they want I-485s processed by priority date.

    Guys, this is awkward.. There is no point in keep fighting and speculating..we will wait and see





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  • desi3933
    06-21 05:37 PM
    I am a dentist in state of CA,and filed for EB2 green card.In April 2006 applied for my PERM from MD Dental, a dental group with 5 offices and about 30 employs and owned by 2 partners.Also in April 2006 they applied for my H1b visa.Further PERM and H1b both were approved and in may 2006 I filed for I-140 from the same company.I-140 had a RFE but was approved in Feb 2007.Meanwhile in Oct 2006 both partners had a is understanding and they split the company into 2 companies with one partner getting 2 offices and the other partner getting 3 offices.Originally my perm was filed from the MD dental Van-Nuys office, which was given to partner A who then told me to file for a new H1b as tax ID number for the employer has changed but my job location would not change. I filed for a new H1 visa from partner A which was also approved and started to work for him till Feb 2007.

    In feb 2007 I found a new job again as a dentist with a different company and moved to that company.I am still in good contact with both partner A and partner B of the old company.

    My question is if I could file for I485 from MD dental which is already split with
    approved I140, or I could file it from partner A or partner B`s new company showing either of them as succesor of interest.Also can I invoke AC21 in 6 months and move to my current employer.
    Please advice.

    May be you need to amend I-140. Please consult a good attorney/lawyer.

    Not a legal advice.



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  • ak_2006
    04-30 10:35 PM
    Wall Street Journal has a article about the Greenspan's testimony. The comments seem to be taken over by the anti's. Please comment if you can.

    http://online.wsj.com/article/SB124112017018574119.html

    Soon I will post my comments...I saw urs and pretty impressive. Keep going...





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  • Abhinaym
    08-13 10:12 AM
    <Doing the rain dance>





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  • gcformeornot
    09-25 07:50 PM
    1. Is it mandatory for USCIS to send the NOID/RFE for employer revoked I-140? (if the candidate is invoked AC21)--- There is no guarantee. There has been many cases USCIS denied 485 without sending NOID

    2. Can we retain the I-140 after submission of new employer's offer letter and pay stub?
    ---Previous employer can still revoke 140, but you are safe becoz of AC21 provisions
    3. If previous employer revokes I-140, when will the USCIS send NOID/RFE?
    your guess is as good as mine
    4. When will the employee know about the revocation in general (how many days)?
    ---after you receive RFE? or you can check online status.
    5. If one re-joins the previous employer after two months, can the employer cancel the revocation of I-140 or re-validate the I-140?
    once revoked its gone
    I would really appreciate for your valuable suggetions and answers.

    Regards and thanks for your help...





    onemoredesi
    07-27 11:46 AM
    Congrats ajkastar..Pls let us know when you filed for your 485? How long did it take you after the finger printing..
    Thx
    Friends,
    Finally my 485 is approved,
    " On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"

    Long wait is over....
    I thank IV core members and all others for their efforts and information.

    Case details
    EB3 - India
    PD - Nov2003
    RD - Aug 2004
    Approved - 7/26/2007
    RFE - Birth Certificate and 325, Yes replied last Sept.





    asaseed
    12-12 12:38 PM
    Hi,

    I had one A# on my EAD (during OPT), as xxx-xxx-xxx, which was expired after OPT was end. Then, after I filed my I485 application, I obtained another A# showed on I-797C form, as Axxxxxxxxx. So I am quite comfused that which one is my current A#. Does A# change with our status? Thanks.



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