Monday, June 13, 2011

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  • amsgc
    01-22 10:41 PM
    Of all your posts - you go that straight! :)

    Thank you for your good wishes. However, I encourage you to look around the forum a bit, and see for yourself where you stand in line. I reckon there are tens of thousands of people from India waiting in line in your category - and they give out a generous three thousand every year in your category (including dependents)

    At this rate - there is no chance in hell you will get lucky this year, or next year, or for several years after that.

    I will see you next year - till then sweet dreams :)


    I understand that you are new to this waiting game, I too had unrealistic expectations when I started out a couple of years ago. But the ground reality is that there just aren't enough green cards given out in the EB category. The EAD has some advantages, but for how long would you like to live in a state of limbo? My sincere unsolicited advice to you is to start the process in the last couple of years of your H-1B. Till then, expand your experiences, change jobs, and climb up the corporate ladder. Do not get stuck. You may not be aware, but if your I-140 is approved, you can get your H-1B extended in 3 year increments if your PD is not current. Don't be in a hurry to get the GC, because the govt. is clearly not in a hurry to give you one out to you.

    When someone uses phrases like "being optimistic is better than nothing", it really gets me because doing nothing is going to get you just that - nothing.

    The way u r replying seems to be u r one of those in that frustated waiting list. I only can wish u the best.





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  • funny
    09-16 12:22 PM
    It happened to me as well, Last year my denied my Wife AP the Reson was that her 485 is approved, we send them the letter that its not the case and it was a mistake.....In the end we had to re- apply. I wonder if they can Print it on the same day in case of an emergency, why can't they give you the one which is already approved....weired people ...weired USCIS...





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  • pappu
    07-06 10:44 AM
    Nope not possible as of now. Lawsuit is specific to visa bulletin issue.





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  • sledge_hammer
    09-26 10:15 AM
    How inconsiderate of you; you just hijacked someone elses's thread and to top it all you are spamming it trying to get an answer. Your question is also totally unrelated to this thread topic!

    Why don't you search the forum for answers and if none is available then post a new thread...

    Can the experts please reply to my question? Thanks,



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  • lacrossegc
    09-23 11:40 AM
    You can work for a while but it will be considered UNAUTHORISED employment. Accumulation of 6 months of UNAUTHORISED STAY + UNAUTHORISED EMPLOYMENT will make you ineligible for I485. That is a huge risk to take.....

    OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.





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  • mhtanim
    08-08 05:39 PM
    This is odd! California Service Center has stopped processing EB I-485s long time ago.

    Why the heck would NSC process I-485 based on CSC time-line when the case is actually pending at NSC? This just doesn't make any sense.

    I highly doubt if the IO (if that's what s/he was) really knows anything.



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  • Ramba
    03-24 09:27 PM
    Our demand should be reasonable.. The law makers knows what kind of people they want. One may have MBA or MA, and they may feel their degree is valuable to America. However it is up to the lawmakers to decide what they want.

    One guy was asking whether social science considered as science as it is having science. I am not undermining any degree or any branch. We have to appricate atleast they are excempting STEM from numarical count.

    As knnmbd said, the period of IT is over. Manufacturing has gone to China. IT has gone to India. What america need at this moment is innovation, research, new technology, alternate energy to overcome growing energy crisis, environmental care health care, nanotechnology, any advanced research to keep america in leading edge. Thats why lawmakers are talking about STEM.





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  • gparr
    July 18th, 2004, 06:12 AM
    Brandon,
    Welcome to dphoto. Nice images for your first posts. dphoto is a place where there are lots of great people who are more than willing to help you create better images. Keep posting photos and feel free to ask questions.
    Gary



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  • HereIComeGC
    04-22 03:47 PM
    its good to see data like this after a while...if nothing else...it provides a snapshot of where we are.

    Yes. That was exactly my intent. Good to refresh where we have been. Its intersting to note that for most of 2006 - dates did not move much and stayed around Jan 2003. So, presumably most of the cases prior to Jan 2003 would have been cleared.





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  • boston_gc
    06-05 08:33 PM
    I am in the similar situation. I think we should be fine not renewing it as long as we don't use it.

    Does anyone else has comments on this?



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  • eastindia
    12-21 10:33 AM
    I am all up for it & won't mind doing it all...

    Thank you.
    What is the strategy and action items?

    If you detail it out, more people can be interested. Do not ask us to send junk emails or sign some useless online petition though in your action item.





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  • fromnaija
    07-28 02:25 PM
    If you filed your I-485 in July, 2007 with the knowledge and consent of Company A, you are in order as GC is for future employment. It would appear you did so since they did not withdraw the I-140.

    Having said, the only proper course of action is for you to go back to work for Company A after you obtain your GC.

    If you would like to work for Company B after GC, you would have to file a change of employer right now (using AC21 provisions). Alternatively you may interfile the approved I-140 from employer B with your current application. You are entitled to keep the priority date on the I-140 of employer A so you should not be affected negatively.

    If your lawyer is saying you could continue to work for employer B after GC without doing anything at this time, I would suggest you talk to another immigration attorney to hear a second opinion.



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  • eager_immi
    07-12 10:34 AM
    Barking dogs seldom bite. He is just another Lou Dobbs Please ignore him. There is no way he can change the right to cictizenship for children born in the USA. It is next to impossible since it is a part of the constitution. It is very difficult to change something that is linked to the constitution. So, ignore this "BARKING DOG."





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  • BECsufferer
    02-11 07:45 PM
    Please don't go with my above comment. That was in lighter mood. But what do you guys think about another round of Gandhigiri campaing?

    Last one worked quite well. Kudos to those to made it success.



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  • eastindia
    12-20 01:40 PM
    We need to have a working group to generate awareness @ grassroot levels about legal EB immigrations - common voters, media, people working around you.
    This is a good idea.
    How about you take your idea further and start this group. I am sure many folks who agree with you will join you. What do you think?





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  • arc
    10-04 01:38 PM
    Hey Fellow IVers who had filed application at NSC and it was transferred to CSC and back to NSC pls. take the poll and keep updating your statistics!


    Pls. also update your statistics with RN date if you are not eligible on the poll but your case was transferred...



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  • karthiknv143
    04-13 04:57 PM
    This is different from the SKILL bill.





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  • venkat1247
    10-29 03:26 PM
    hi i got the some question how to open NRI acc





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  • MerciesOfInjustices
    02-12 01:12 PM
    Great article! Surely, it must have gotten John Miller atleast thinking what is going on in the US! What he has called a faster process in the US takes atleast 8-10 years since arrival in the US!
    I am going to e-mail him, and would like others to do so too! Let us tell them the truth!





    no_more_anger
    02-06 05:46 PM
    > If you are promoted as IT manager having significant overlap of job functions, you should be fine.

    No. That is incorrect. A manager is responsible for managing people (besides other
    duties). That is a totally different job description and different category for labor.

    Some useful info:
    * If you are on H1 and job description changes (like u become a manager), H1
    amendmend MUST be filed.
    * If you are using EAD, then company doesn't need to file anything. If a RFE comes,
    you are required to show proof of job position with job description corresponding to
    that of approved labor. If your company is ready to do that (or u can get that somehow),
    you are good.
    * If you don't follow the rules, you WILL be fine as long as a RFE does not come :-)
    * Lastly, I know people in many companies where for HR purposes they are still a
    developer (or whatever) and for real, they perform totally different job functions (like
    marketing). If your company allows this, then it's an option (not legal, but practiced ).

    Disclaimer: I am not a lawyer.





    omved
    05-06 02:20 PM
    Thanks every one for your valuable suggestions. Now I feel more confident replying for RFE..

    Radhay..no they haven't asked for any pay stubs..



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