Saturday, June 11, 2011

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  • logiclife
    02-03 11:06 AM
    The bill seems to apply to future PhD candidates who will come on an "F4" visa. Will current PhD candidates who will graduate on an F1 visa be similarly able to adjust status after 1 year of employment? If it does not, the potential benefits will be seen only after 4-6 years, which is when new candidates on an F4 visa will be getting their PhDs!

    Also, are these clauses applicable to PhDs in the life sciences? The actual language seems to talk about the "physical sciences", which I think excludes the biological sciences/ biotech, one of the areas of greatest advancements in recent and future years!

    Interested individuals should contact lawmakers about these points and have them amend it!

    If they do implement a new F4 visa, they will allow you to transfer to F4 status I believe. And then current PhDs would be getting the benefit of the new law. Its unlikely that biological science are not a part of physical sciences. What they mean when they say "Physical" sciences is that other sciences like Tom Cruise's scientology and stuff like astrology/palmistry and other fake science is not included as a field in which one could do PhD and obtain GC.





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  • amar123
    07-28 01:09 PM
    Any of you in EB -2 with PD after Jun 2006 and have a soft LUD on AP?





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  • msr999
    08-14 07:46 PM
    Thanks ConchShell.

    By the way my service center was Nebraska and my Receipt date was outside their processing time. ( I mailed my application on 08/17/2007 and their processing date is 08/10/2007). Looks like they are very conservative when posting their processing dates.





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  • 485Mbe4001
    02-06 02:53 PM
    How does this affect AC 21, can you get a new job as a manager or you have to look for the one you used to apply for GC?



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  • reddy_h
    08-02 01:25 PM
    I don't think so but check with the issuer. Sometimes they might tell.





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  • Jeff Wheeler
    08-20 01:58 PM
    Yeah, I know that’s what it means, but I’ve heard it pronounced the other way IRL; I thought it was kinda funky, but cool.



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  • Kitiara
    08-16 04:59 AM
    Another handy use of Break Apart is to break apart a .jpg or gif file. This does a kinda conversion on it, to make it seem as if it had been drawn with fills in Flash.

    Sometimes the quality is reduced, sometimes isn't. Really it depends on the complexity of the photo. But it can also help to reduce your file size. :)





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  • meridiani.planum
    08-19 12:26 AM
    I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o

    Raj

    EB2- India [ Oct 2005 @ NSC]
    485 filed Aug 2007

    what do you want? President Bush to come home and welcome you with hugs and kisses? A ticker tape parade? A band? 45 skimpily clad, extremely beautiful cheerleaders dancing and singing: "he got a G, he got a C, he got a GC!"?

    you got an approval notice, you are through. enjoy man. :cool:



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  • gc_check
    03-14 04:16 AM
    I did check the USCIS website for the July 17, 2007 (reinstating the July Visa Bulletin) and July 23, 2007 (about I-485 fees) notices that are specified on murthy.com link you provided, but did not find them. So if any of you know how and where to get them from please let me know. Appreciate your help. Thank you.

    Murthy.com has a copy of pdf in their website

    http://www.murthy.com/uscis_update.pdf
    http://www.murthy.com/nflash/uscis_faq.pdf





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  • gc_check
    11-05 02:45 PM
    Just try to be optimistic and move on. Something is better then nothing. Atleast now you know, you are good after 180 days, if you are not that happy with your current job. But untill then take is easy and keep going with your day to day works. Most folks are much better than they were prior to July. Anyway, the last quarter is typically slow when it comes to job market and use this time to refresh your skills and wait for the right time to make the right move.

    Also having EAD/AP etc.. is better compared to being on H1/L1, but remember it is not as good as having GC. Atlest untill you get you GC, you have to be very careful. Also AC21, make sure you know the rule and take the right steps when invoking AC21.



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  • she81
    07-04 04:38 PM
    There's definitely something fishy about the way these events took a sudden turn. It's all surfacing now. USCIS certainly needs to have transparency in the way they performs their duties. This is entirely unacceptable.





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  • gg_ny
    02-16 10:06 AM
    Sorry I was busy doing my work and hence could not immediately answer your questions on hypothetical situations and some wrong conclusions.
    FBI check for visa (H1 and L1) is different from what you get when you apply for GC (consular or AOS). While you are patiently (!) waiting for more from the other 257 people to answer you, please check some USCIS documents.
    One has to be thankful that these two screenigns are different because there are people stuck for years in this step when they apply for GC.
    Like somebody said, good luck!


    I've been thinking about this for a while. Typically, it takes more time in average to obtain a green card through adjustment of status (I-485) than going through consular processing. Here's the part I don't understand! Both applicabts have to pass FBI name check. Those who use I-485 are already in the U.S. and that means they have gone through FBI name check once they applied for a visa at an American consulate/embassy to enter the U.S. under any visa category. Therefore, their background has been checked once and should be less questionable than those who go through consular processing and it's the first time FBI is conducting a name check on them. Now, how is it possible that I-485 applicants have to go through hell to get their green cards while consular processing applicants feel the heat of a green card in their hands much sooner?



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  • sintax321
    11-18 03:15 PM
    Who is sucking up?





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  • krucie
    03-17 01:41 PM
    My thought was the same as yours in that by attaching my 485 receipt notice, and 140 approval notice when my spouse files for his 140/485, we can just inform USCIS at that time to connect our 485 applications. Based on that, once my spouse gets his green card, I would get mine as well.

    I wasn't sure how it would work out if we waited for his 140 approval to come before we informed USCIS. Since he is from a non-retrogressed country, I was thinking that the safest approach would be to inform them sooner than later. You mentioned that I could file as a derivative once his 140 was approved. But the idea is not to file another 485 application for me. In my opinion that would confuse things further.

    What steps are you taking in your case? I'm assuming that you and your spouse each have only one 485 application, each being independent of the other?



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  • a_yaja
    07-17 10:31 AM
    To the best of my knowledge you can not file for AOS while you are on TN . To process your green card you have to switch to your H1B from TN and start your green card as any other national i.e file for your Labor certification, I-140 and then i-485 .This process is same like any other national. All the best.
    You can file for AOS from any status. The only problem will be that you cannot renew your non-immigrant visa unless it is a dual intent visa like H1B, L or O.

    Since you are a Canadian citizen, I am assuming that you don't actually have to get a H1 visa stamped on your passport (I may be wrong - check with your attorney). When you enter the US, you should be able to show all your documents for H1B approval (LCA application, approved petition, etc - I don't remember the entire list) and get an I-94 with H1B status and expiry date.

    As far as AOS petition is concerned, I think it is considered adandoned unless you are on a valid H1 or L status. Since you are on TN status and you will be leaving the country on TN status, your application might be considered adandoned. You will have to talk to an attorney and find out if you can travel out of the country.





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  • helpful_leo
    02-09 09:48 PM
    I suggest that IV be even concerned about ppl in the pre-application stage like myself. I havent even filed a labor yet as I have no employer (am a PhD student.) I would like IV to take up issues that concern PhD students, for e.g. the current proposals in the PACE bill that appear to exclude current PhD students (as opposed to future "F-4" PhD students) from automatic AOS benefits 1 year after graduation. This is a large constituency who can be mobilized for IV if IV decides to pursuse this. It is actually a very commonsense amendment to PACE that can be included in the bill if the right people are informed about it. I have drafted a very detailed letter and can make it available here.



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  • Breezestorm
    07-22 05:50 PM
    Can you please tell us why you need PCC from India? Is this for the 485?





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  • nlssubbu
    07-26 01:41 PM
    For me, my attorney's filed successor in interest I-140 after I filed I-485 due to merger. I faced no issues with this process and you can request them to file the same at your end. This did not affect my I-485.

    Thanks





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  • axp817
    03-31 02:20 PM
    On another note - I see that people are getting denials on 485 - cases like yours, and then AC21 stuff .. I am trying to understand if there is a pattern to it.

    Yes, we are seeing more denials and RFEs these days, but we are also seeing more signs of preadjudication at the same time which makes it hard to tell if the rate of denials/RFEs has gone up.

    In Mar 2008 for example, we saw maybe 2 485 denials on the forums, which seemed like a small number, and in Mar 2009 if we see 10 485 denials, it will seem like a large number, but you have to remember that the number of applications being pre-adjudicated in March 2008 (according to NSC, TSC processing times) were probably far less than the ones being pre-adjudicated now (since the processing times have only now reached close to or past July 2007 and we have been seeing signs of pre-adjudication activity - soft LUDs, etc.).

    So if 100 applications were being preadjudicated in Mar 2008, the % of denials was 2% and if 500 are being pre-adjudicated now, the % of denials is still 2%, it just seems higher because 10 guys posting about 485 denials in a month, seems more shocking than 2 guys a month.

    Of course, these numbers are all based on the assumption that the # of applications filed in July 2007 far exceeded the # of applications that were "in process" until then, and that forum members are a good statistical sample, so in the end, it is still a guess.

    Godspeed to all of us.





    humdesi
    05-31 10:37 PM
    In this case the guy is a software engineer. The consulting company is willing to show that he is a manager.





    gc_on_demand
    05-19 02:45 PM
    Sounds like a good idea...for those of us who missed the summer 2007 bus, this may be the only way of getting to an EAD status in the near future, going by the recent Visa bulletins and retrogression of EB2 & non-availability of EB3 year-round.

    bump



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