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  • pathiren
    06-06 07:50 PM
    Admins / Folks,
    Any updates on this!

    06/06/2008: U.S. STEM Advance Degree Numberical Limit Exempt Immigration Bill Introduced in the Senate

    There is a bill pending in the House which was introduced by Rep. Zoe Lofgren of California which is similar to this new Senate bill which was introduced yesterday by Sen. Barbara Boxer of California. The House bill is H.R. 6039 and the Senate bill is S. 3084. Both of these bills propose to exempt U.S. advanced degree holders working for the U.S. employers from the numerical limit in the employment based immigration. The full text of the House bill is posted on May 11, 2008.





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  • swartzphotography
    November 22nd, 2005, 02:33 AM
    ok i pick number 3 with number 4 as a close second i like the way the smoke seems to be floating behind him in number 4 but it also seems (imo) that the act of exhaling is also over in that picture alternatively it seems that he is in the act of exhaling in number 3 which i find to have more kinetic energy.

    EAD and AP renewal filing deadline? [Archive] - Immigration Voice

    View Full Version : EAD and AP renewal filing deadline?






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  • waitnwatch
    06-04 03:15 PM
    As an F1 student you can surely apply for EB2-NIW. Being from India you will not be able to file an I-485 concurrently as EB2 priority dates are not current. On the other hand you may file for EB1-A and I-485 concurrently. Getting approval under any of these categories is not trivial though as there are a lot of things to prove to the USCIS's satisfaction.

    One thing to note is that you may have trouble renewing an F1 visa from a consulate in India if you have a permanent residence petition pending. This is because an F1 visa is a non-immigrant visa with an intent to return to home country on completion of study. Filing for permanent residence will show that you are a potential immigrant and so donot fulfil the terms and condition for an F1 visa and will be a reason for denial.

    Hope this help .........I'm not a lawyer though.





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  • jliechty
    November 9th, 2004, 10:42 AM
    I have browsed at two local specialist camera stores but the only digitals were either very old or cost more than I can buy new on line.:(
    When you buy a film camera, you can "upgrade" the image quality, up to a certain point, by buying different film. With a digital SLR, you're essentially buying the camera plus a certain (but unknown) amount of "film." Any camera will fail at some point in time, but the general probability is that the shutter of a $1000 film camera will last a while longer than the shutter of a $1000 digital camera (the former would be a pro model, while the latter is basically amateur or lower end prosumer).

    What I'm not trying to do is convince you to buy a film SLR. I have one, and would upgrade to a DSLR at the drop of a hat if I could afford it. What I am attempting to caution you about, is that a used DSLR will come with no reasonable warranty, and a certain (unknown) amount of the "film" already used up. Given the apparent "free"-ness of digital capture, lots of people shoot thousands of frames per day without thinking (I have nothing against pros who need to "machine gun" it to capture the right moment in sports - this rant was against amateurs who shoot tons of frames without any thought, hoping something good may come out by chance). Thus, you have no idea how much life will be left in a used DSLR when you buy it, and more likely than not, there will be no guarantee if it does fail. It's like buying expired film on ebay... risky, but you pays your money and you takes your choice.



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  • LookingForGC
    03-08 12:31 PM
    Congrats. Glad to know.





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  • eb3retro
    03-05 02:21 PM
    eb3retro, As you may have noticed, this was my first post ever. So I am not aware of what rules you guys have been trying to enforce on this forum. However I like to have my privacy and refuse to share any info that is not pertinent or until I feel comfortable enough. so long .....

    u got ur response from wandmaker..so long, we WON'T miss you.



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  • ita
    09-16 01:27 PM
    Hi palemguy,

    Could you please post or mail the # that you called to find out about your NC? Is it TSC/NSC?

    Thank you.

    Just got off the phone with customer service rep. I called them to know the status of my service request that was created 45 days ago. After some wait, one lady picked up my call. I asked her to check the status of my service request. She tried for 10 mins to pull up that info but she couldn't pull up because of some technical issues. She escalated my call to another level.

    One rep picked up my call.He seems to be nice and answered my questions. He said my case is under review as of 8/21/2008. When I asked him to see whether my name check is cleared or not, he said it is still pending as of now. FBI name check was initiated on Sep 18, 2007 and it should expire on Nov 30, 2008. Before that they should get a response for name check.

    We gave our finger prints on Nov 2, 2007. How come name check was initiated on Sep 18, 2007? I am not sure whether i can believe his words?

    I have a soft LUD on 8/21/2008. According to CSR words, i can assume that case was assigned to an officer. But i am not sure about the name check process.

    Is any one got the similar response?
    Please share your thoughts on this

    Thanks,
    palemguy





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  • LostInGCProcess
    11-05 04:39 PM
    In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
    Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?

    The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.

    - I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
    As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.

    - Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
    H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.



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  • OLDMONK
    06-16 08:19 PM
    I am in similar situation in regards to my wifes H1B and EAD situation. Following is my understanding but could be wrong. there are gurus in this forum who have been digging rules for years and would certainly point out any indiscrepancies in my reply. Make sure you keep reading the thread for a couple of days.

    I am currently living in the US on H4. I will be getting my H1 approval in a couple of weeks.

    >>>WAS your COS (Change of status) applied while filing for H1B ?

    What will be my status untill Oct 1st from the day my H1 is approved?

    >>>You will be on H4.

    Do they send a change of status to me as soon as I get my H1 approval? Or do I need to apply for change of status to H1 after I get approval?

    >>>If you asked for COS it should come with H1B approval. Which would mean you are automatically on H1B status on October 1st. (if you dont start the JOB or you are not on payroll you are accumulating Out of status time.) The indicator for COS approved I THINK is you will get your I94 (printed on H1B document only, towards the end) with a date valid for 3 years in future starting October 1st. If new I94 is missing that would mean either COS was not applied or COS was denied (usually happens if you were out of status for some time).

    >>>If COS was not applied/denied you need to stamp that H1B in home country or Canada or Mexico. Stamping can be before October 1st. You cannot start working until you have an H1B stamp. make sure you have a valid visa to come back to USA if H1B stamping is denied at canada or mexico assuming you are not canadian or mexican, else you would need to fly back to home country to get a stamp, directly from Canada or Mexico.

    What will happen if I APPLY for my EAD (from my husband,being on H4) before my H1 is approved?

    >>>With the flood of filings, It cannot be predicted if EAD can come before H1B. But if it comes, you can start working sooner.

    What will happen to my H1 APPROVAL before Oct 1st, if my EAD gets approved on Sept 1st?

    >>>It would be valid, I think those 2 can co exist. You will have a choice of working on H1 or EAD. Once you start working on EAD, H1 Status is no longer valid (my understanding could be wrong)

    What will happen if I get my I20 before I apply for EAD or before my H1 is approved?
    >>>No idea.





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  • stucklabor
    03-11 12:12 PM
    Thanks buddy. That was the answer I was looking for.

    No probs, we owe as much for all the hours you have put in with the EB number analysis.

    But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.



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  • jelo
    06-15 05:28 PM
    My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India.
    Our question....Is it sensible to travel on AP him being unemployed?

    This is my openion.

    Your husband is no more on H1b and liable to use EAD on his next job.
    AP is based on pending I485, you do not have to work and legally present in US as long as 485 is pending. Since your pending I485 is based on future job, POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.





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  • roseball
    07-27 12:43 AM
    I am on 9th Year H1 extension and my H1 will expire in end of September 2009.My Labor got approved in 2007 So, I filed I140 and I-485 concurrently. But My I-140 got denied which filed with concurrent then Lawyer appealed as Motion to Reopen the I-140 which got denied and lawyer filed another I-140 as a brand new.

    So there are 2 I-140's with the USCIS.

    Recently I got intended to Deny like ability to pay query with the Second I-140 case, then lawyer answered the query and filed in premium this one got denied after a week.

    Again, First I-140 which lawyer did Motion to Reopen this one also denied from the USCIS but the lawyer appealed this one.

    Infact I recently travelled to india and came back on Advance Parole before all this denial happend.

    Now, I filed my H1B extension , What will happen to the H1 extension ?

    and What is my status now?

    Can I tranfer my H1 and file the labor entirely new with the new company eventhough I am in the 9th year extension?

    Any help would appreciate

    Thanks
    Reddy

    Though you entered US on AP, since you are continuing working for the same employer on H1, you are still considered to be maintaining H1 status. Your H1 extension will probably get approved (assuming you submitted all supporting docs required for H1) for 1 yr based on your pending I-140 appeal. Your H1 extension will still be valid for its duration even if your appeal gets rejected after you get the H1 approval. So you can continue working for the same employer till H1 expires.

    Regarding moving to a new employer and starting the GC process from scratch..You will have to find a new employer and transfer your H1 while your I-140 appeal is still in process. You will get the extension for 1 yr. Then you will have to get your PERM and I-140 approved before your H1 from the new employer expires, so you can get it extended for 3 yrs based on I-140 approval....You should consult an experienced attorney on your plan of action as time is critical for you..Good luck.



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  • kosu
    09-14 03:49 PM
    I got an LUD on 08/05/2007. My 140 was approved was in late Dec 2006.





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  • amsgc
    12-18 02:22 AM
    See response below:

    Hello all:

    I have few questions related to my travel plans to India. We will be leaving in January 2009.

    We have our Advance Parole and EAD approved till 2009. I-485 is still pending . EB3 India.
    My H1B visa stamp is not current or up-to-date on my passport. We have booked our flights with North-west airlines and KLM which will depart from Detroit-Amsterdam-Mumbai. I have few questions pertaining to my travel.

    1) Would I still need to get a transit visa for Amsterdam, even though our flight will be halting for few may be 3-4 hours at Amsterdam- Schiphol Airport? If I do have to arrange for Amsterdam transit-visa, then where should I start as far as documentation is concerned.

    - You don't need a transit visa for Schipol.

    2) Besides carrying my Passport, Advance parole copies with me, please advise me if I need to carry any more documentation from my end.

    - You don't need any other document; you can carry the I-485 receipt notice.

    3) Would I need a copy of employment letter for visa purpose, or carrying my recent pay-stubs would be fine?

    - visa forms + appointment letter
    - Original I-797
    - Employment letter
    - Original marksheets/degrees as a basis for your H-1B app
    - copy of your H-1B petition + LCA
    - Pay stubs

    I would appreciate if you could please guide me with the travel related visa -requirements and documentation. Thanks!

    RPH



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  • same_old_guy
    07-22 03:07 PM
    There was a memo from USCIS for in-time receipt compliance for I-485 ( along with other forms) for 8/1 supposedly for June filers.

    As I understand it, not all June filers got receipt yet. So obviously USCIS can start looking at July filers only after 8/1 or later.

    Another recent memo says on in-time receipt compliance for I-485 to be 10/24. I am guessing it was meant for July/Aug filers.

    So between 8/1 and 10/24, we are suposed receive the receipts from USCIS. To me, earliest we should talk about cashing the checks sometime is first week of Aug.

    Does it make any sense ?





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  • sundar99
    02-18 12:14 AM
    I suspect there may be a backdoor to it



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  • mallu
    10-22 11:14 PM
    .





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  • dallasmbs
    07-17 05:47 PM
    http://www.aila.com/content/default.aspx?docid=22912





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  • SmSm
    06-04 08:40 AM
    My PD 15 July 2002 EB3 India and
    I485 Receipt Date May 12, 2004

    Found that someone with Aug 2002 PD got approved on June 1 whose I485 Receipt date was May 2003.

    I guess USCIS does not go by PD to select who should be adjucated first but by what date the I485 was received. They are really ingenious and creative in finding ways to be inefficient and unjust.

    Oh well....

    IV is the only place that is doing a lot to change.
    Keep the good work IV.

    Have donated $200 under my name and $150 under my wife's name to IV





    arkrish68
    09-03 01:52 PM
    There is no harm in opening a service request (SR) but you have to wait 30 days for the next step after the SR i.e sending followup email directly to the service center if nothing happens to the SR. I opened SR on 9/1 and came to know that SR is still pending and not assigned to any officer. May be they are busy in approving cases so technically I have to wait till Sep 30 to send the followup email. Even if you send the followup email before that 30 days there is no use because you will get an email back to provide the SR number. Hope this helps.





    TomPlate
    07-10 10:02 AM
    Bharat Mataji Jai Hind. Ok Machi but currently we are working for an American Company not for an Indian Company.



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