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  • meridiani.planum
    04-04 01:35 AM
    I just spoke with my company's attorney and she said that I shouldnt get RFE on my I-140. And just in case I get she will inform me and work with the counsel of my ported company to submit a response. Hooray....I am going. My employer is a big known MNC so the only RFE that I may get is exp letter which is very unlikely. With economy going down I dont want to wait for another 6 months for my I-140.

    ok then go for it dude. Do keep us posted on how this works out, I hope you get your I-140 approved soon without an RFE..





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  • Macaca
    03-28 05:09 PM
    You can't have an F1 AND an H1.
    Is part-time H1 and full-time student without F1, a problem with Univ.?





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  • centaur
    03-28 05:46 PM
    An employer can file your GC with "an intention to employ", irrespective of visa status

    You can't have an F1 AND an H1. So if she was on an F1, then that means she did not have an H1....which means she was not working....but employer still did this for her? It's all moot anyways - b/c no way would my employer do anything like this for me. They barely understand my situation.





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  • sc3
    09-08 07:17 PM
    USCIS has deliberately created circumstances for 7.5 million applications. For eg. why can 485 receipt not act as an Advance Parole and EAD ? It looks like they want more applications and then claim that they are very busy.

    EAD, AP has time limits, your 485 receipt does not. USCIS needs to constantly monitor the applicants to make sure that anyone denied is leaving the country or turns into illegal. Otherwise, lawyers will be very happy to say that "their" client did not receive the denial notice and had therefore continued to live in the US legally.



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  • raj2007
    06-14 08:40 PM
    lets say we dont apply for ead and ap now...will that affect filing ead and ap in the future if the priority dates retrogress?


    No..you can file later based on pending 485 but why you want to wait to save some bucks.





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  • Munshi75
    11-24 08:27 AM
    I was on OPT for certain amount of time. But my H1B was approved during my 6th month of OPT . So unless there is any mention of future starting date on your H1B approval notice, you stand to loose the OPT and will be on H1B the moment you receive your receipt number. The REF does not matter at all as you have the receipt number and if you feel confident to deal with your reference.

    Hope I did not confuse you further.



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  • ashkam
    06-25 01:02 PM
    I see what you are saying now, you were paid retroactively this year for work done last year. Since that pay will be reflected in this year's W2, you should be fine with the IRS. I am not sure how this will square up with the USCIS though. Talking to a good immigration attorney is a good idea.





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  • sbabunle
    12-17 09:45 PM
    Don't be too happy since it moved May 2001 for India. DOS is moving the dates solely based on the demand from the USCIS. They dont know what is DOL cooking ( or they dont care). The BECs have roughly done half of their work. Thats about 180K. Another 180K ( roughly) are pending. So once
    they all cleared we may get a better picture of the Plight of EB3 & EB2.

    My guess is that anybody who has a PD (India)

    Jan 2003-Dec2003 9 years
    Jan04-Dec04 12 years
    Jan 05 > 15 years
    as per present law.


    This also underlines the importance of an effective lobbying. We have to make this baby organization to a much stronger one. With lots of dollars and lots and lots of people. In my opinion we should have at least 75K active contributing members.

    One good thing is that people who came to US recently ( after 2004) and who apply PERM get things done in 8 months until I140. At I140 they realize they cannot move forward. They are slowly understanding the agonizing situation we are all in. I hope this will eventually turn in more people to immigration voice.
    Good luck to all
    babu



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  • TexDBoy
    06-16 05:57 PM
    If only Labour is approved and you change employer, you will lose it and have to start from the scrach. Only if your I-140 is approved and its more than six months, you can use the PD.

    I am not sure about six months ... That is only when you file 485 and want to use AC21 to continue your GC process.

    Once your I-140 is approved, then you lock the PD from that moment itself.





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  • satishku_2000
    08-03 04:43 PM
    I understand everyone is anxious but this is simple language. I am sure you can 'decipher' it


    I am not sure whether you got a chance to read the whole thread. :) In normal circumstances there is no need to decipher...:)



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  • radhagd
    03-09 04:05 PM
    My friend has 2 I-140s one EB3 (PD Dec 2002) and second one EB2 (PD Nov 2006) - what is the best option for him.

    Whether he can use earlier PD for EB2 (I-485).

    Please share your knowledge.

    Yes he can use earlier PD for EB2.
    He can file I485 in EB2 by requesting recapturing priority date from EB3.





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  • Wish_Good
    06-23 06:03 PM
    Hi Prashanthi,

    Thanks for your Service,

    Right now Iam also trying to apply one more H1 extension (my present H1 is valid till July 13, 2009) --with the same employer.

    Please advice me.

    Thanks a Lot in Advance.



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  • bablata2007
    11-27 03:36 PM
    May be I wasnt clear in my query. Here is the situation:

    I am on 8th yr H1B extension. Got my LC approved, got EAD, finger printing done. So now just waiting for 485 to be approved. And if I lose my job to a layoff.....what are my options?


    So an H1B transfer will still work out in my case?





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  • arihant
    05-01 09:08 AM
    Checked DOL website yesterday (4/30) and today (5/01) to see what the front page would say. Sure enough - the image changed from "18 Months Remaining" yesterday to "17 Months Remaining" today!

    Web gurus, can you guys make sense of the following lines? I grabbed them from the DOL's website source. Can you tell if this being manually changed or some script is doing it automatically:

    <h3 style="color: #990000">Foreign Labor Certification</h3>

    <!-- script will be here? -->
    <p style="font-weight: bold">Backlog will be eliminated 9/30/2007<br />

    <!-- start script -->
    <img src="images/17MonthsRemaining.jpg" width="270" height="46" alt="17 Months Remaining" border="0" /></p>

    <!-- img src="images/19MonthsRemaining.jpg" width="270" height="46" alt="19 Months Remaining" border="0" /></p -->



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  • rghrdr777
    10-25 09:19 AM
    Just spoke with a TSC IO. She was a pretty nice lady and answered all my questions. Apparently, mine and my spouse's AP were approved on 10/17/2007. We still didn't receive the APs. The online status still shows pending. I believe my attorney may receive the AP docs.

    I've asked her about my Name Check and Fingerprint. According to her my name check was initiated on 8/9/2007 and it is pending. My FBI fingerprint check came back on 9/10/2007.

    TSC (Sent to NSC. Got transferred to TSC)
    RD: 06/25/2007
    ND: 08/01/2007
    EAD Self Card Received: 08/23
    EAD Spouse Card Received: 08/25
    FP done for myself and Spouse: 09/06
    Name check initiated on 08/09/2007 and is pending
    AP: Waiting (according to TSC IO approved on 10/17/2007)
    GC: Waiting





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  • zofa30
    09-14 05:04 PM
    Thanks a_yaja and thanks for all who helped me in this issue,
    Yes I am on EB2+PERM. Thanks for the explanation. I now understand the situation.

    I have a couple of questions that will help me to figure out what to do:

    1-When legally I can start applying for new EB2+PERM with the new employer? Can I start right away from day one or I should work for the new employer for a certain period?

    2-What is the best way to have a safe H1B transfer? In other words should I ask my new employer to transfer H1B then resign from the current job once I received the new H1B or how it should be? Please advice.
    Thanks.



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  • delhirocks
    07-03 12:21 AM
    Yes, it's my case that just got approved. See my signature for dates.

    Congrats, This is the only positive that came out of this fiasco. Iam sure its big relief for you and potentially 60,000 other filers. Enjoy...





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  • conchshell
    07-16 11:11 AM
    It means ALL the cases filed before 7/17/07 have been processed, doesn't mean they are not working on cases beyond july 17th.

    Please note, it means that USCIS has touched a case till the mentioned date. It does not mean that they have processed all cases before this date.





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  • GotGC??
    01-12 05:29 PM
    I understand this topic has been discussed ad nauseam, so I'm not raising this issue per se. I do not know where we stand on the likelihood of this provision getting passed by Feb 15th, but I do know that the Core group must be trying their best to get some provisions along these lines.

    But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!

    Some alternatives are:
    (a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.

    (b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.

    (c) If an Labor has been approved for X years
    (d) If the alien has been on H1 for Y years
    or a combination of any of the above

    Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.





    abracadabra102
    11-19 08:18 PM
    Chris, Can you change the title. This is actually good news. USCIS is coming out with some real solutions now. It is known quite for some time that USCIS data capturing is so poor, they can not sort and order AOS applications on PD. We know how they issued GCs to 2006 PD ahead of 2002/2003 PDs this august. If this email thing works correctly, we can expect steady movement of cut off dates in future instead of wild jumps back and forth.





    NKR
    05-08 03:20 PM
    My opinion:

    Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.

    Giselle Bundchen is worth half a billion dollars or somewhere in that range.

    Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)

    The words �highly skilled� have been the most misrepresented words. H1s is not only for highly skilled and not all programmers are highly skilled but some are�

    These words have been used by pro and anti-immigrants alike in equal measure. One group wants an increase in H1 saying that US has shortage of skilled labor. The other group ridicules this statement that even kids can do programming.

    �H1 is not only for highly skilled and it is not only for programmers�