Friday, June 17, 2011

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  • sdrblr
    08-24 11:41 AM
    calling a supervisor and he returning the call without HR(or legal's) intervention is little weird. How big is your company?





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  • snathan
    05-19 06:57 PM
    I am also travelling with the family in June for a couple of months !

    the murthy link and this thread over all is helpful !

    Our company's lawyer mentioned that if the 485 gets approved while abroad then when I come back I just tell the officer at the entry point that I was out and do not have the card in hand. So I enter using AP.


    I also asked him (and in another thread here ) if I can have the card mailed to India by a friend and he said yes, I can do that if I am comfortable with it.

    On a different note , one other person mentioned to me that one has to be in the US when the 485 application is approved or else they can reject the application, but that does not sound true and nor I have heard anything like that from the lawyer or in any of the forums !!

    Then whats the purpose of AP....?





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  • vandanaverdia
    09-11 02:56 PM
    FYI

    "Competing against fast-growing technology companies in India offering jobs with handsome pay raises and quick promotions, Microsoft has to work harder these days to attract and retain the best and brightest Indian engineering talent."

    http://www.canada.com/topics/technol...d08f52&k=30524

    Please join the WA state chapter....





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  • paskal
    11-10 06:32 PM
    to everyone willing to contribute to the efforts
    please hold on, i will get back to you once the structure of the new work groups is finalized. remember to complete your profile!



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  • GCSeekerCT
    08-21 05:02 PM
    I have a strange situation where I was thinking of AC21 all the while since January (Jul 02 Filer, TSC with Receipt# SRC 0722...).

    Now, I finally made my mind and about to get an offer (after labor day, they say).

    The lawyer says "don't think about AC21 now, because most probably your GC will be here within 3 months"

    My PD is July 31st, 2006.

    Dilemma: I don't want to screw up (or stretch the case un-necessarily) by changing employment just in case if there is an RFE. But then, I have to stay with my current employer for 6+ months AFTER GC as well, to be able to prove "permanent employment" intent.

    please advise if the timing (within 3 months) makes sense.

    Please also shed light on the permanent intent thing .

    Many thanks





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  • anilsal
    07-30 01:36 AM
    Unless you screw up something, they will not deny in Canada. But may in the rarest of cases ask you to go to your country of origin to get the visa.

    Having a US degree helps. Just appear confident and brush up your English and accent(do not fake it. Just be normal and greet as you do with American friends. Also do not show off.). The VO really like people who seem to have assimilated into the culture.



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  • saibaba
    12-18 03:51 PM
    You can set up register on the website of USCIS. After you get an account, put in your case receipt #, and you can monitor the progress of the case.


    I did it on 12/06 and it shows the same date since then...

    in fact it has not allowed me to add our app recipt numbers earlier and when I tried on 12/06 they got added to the online website...

    so can I consider that there are no recent LUD's on our 485 apps?

    thanx a lot for the info...





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  • ras
    04-03 01:22 AM
    there is usually a respond by date on the RFE. In my case it was slightly beyond 12 weeks....

    I have the RFE, it doesn't state the exact instead mentions 12 weeks from the date of this letter. And the date of the letter is Jan 8, 2008



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  • njboy
    12-17 09:51 AM
    suman, what was the reason it was denied? Each reason has a different recourse, for some reasons there may be none..





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  • rockstart
    05-28 12:21 PM
    Since your PD is not current so there is almost no chance they will pick your application randomly to process. The out of turn processing you are refering is say todat EB2- I date is Apr 2004 and so there is every chance that a guy with Jan 04 might get his GC before a guy with Nov 03 date but I am absolutely sure they will not process a guy with Aug 05 date since it is not within processing date. So in your case wait and watch the dates moving in case the processing dates get to your PD then you can make the choice of either withdrawing or proceeding with your application. Best is consult a lawyer to be absolutely sure.



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  • amitjoey
    06-14 02:26 PM
    I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.

    Yes, You can. Ask an attorney. Sorry I did not really mean abiliity to pay. But the previous company that files your 485 should be a valid entity in business and an offer for employment should be valid, Since you need a letter from them stating the offer is open and terms of employment. Please consult an attorney, Nobody can give you any advice since a lot of other details are unknown. Overall generally speaking, looks like you can do it.





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  • kshitijnt
    07-29 03:09 PM
    I filed my I-485 on Aug 13, 2007 (Received date) under EB3 ROW (> 180 days). My I-140 was filed for job "Systems Analyst". I am now being offered a job as "Director of Development" managing the development process along with 30-40 people for another company. I know this theme has been discussed and has risks but would it be OK to take the job. I have approved EAD and AP due to expire on Nov 21 (will renew tomorrow just in case GC does not get approved by then). Has anyone been in this position? I have valid H1-B visa and have not used EAD or AP.

    Any advice highly appreciated. thanks!

    While I am not a lawyer, I would have a few questions:

    1) Is your I140 approved?
    2) How many years do you have on H1?

    If you have time, discuss with the attorney/law firm of the new company. If they can certify the job is similar to your previous job, no questions.

    2) Otherwise, I would definitely take this offer, file H1 transfer, start GC/Labor/I140 again.

    The second step works well if you have atleast 2 years left on H1. Technically, you may know, you need to file the labor 365 days before your H1 expiration date, but you know attorneys and perm process will take sweet 3-6 months, so please plan accordingly.

    3) Defer the offer by 3-6 months (But this is fraught with risks). If you dont get GC in this time frame, you will lose the offer.

    Depends on what is more important for you? GC or better opportunity? Only you can decide.



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  • dealsnet
    08-14 01:05 PM
    It is pure luck. It depends on where your file in the USCIS rack. They will take easy accessible file for approval. No specific criterea. Only thing is your PD must current. They will approve 2006 when 2001 PD still on their shelf.

    This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:

    People may post their answers, proving that I am wrong.





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  • smiling08
    09-16 10:32 AM
    i only know the Premium Processing is taking 1000 and CIS will need to response within 15 days



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  • naveenarjun
    06-04 10:39 AM
    If this is old then why did i see it on THOMAS as
    =====================================
    S.1348
    Title: A bill to provide for comprehensive immigration reform and for other purposes.
    Sponsor: Sen Reid, Harry [NV] (introduced 5/9/2007) Cosponsors (4)
    Latest Major Action: 5/25/2007 Senate floor actions. Status: Considered by Senate.
    ======================================
    :confused: :confused: :confused: :confused: :confused: :confused::confused: :confused: :confused: :confused:
    ======================================
    http://thomas.loc.gov/cgi-bin/bdquery/z?d110:s.01348:
    The one you are seeing is being replaced one section at a time..So I assume its incomplete.





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  • jayleno
    10-08 02:05 PM
    I went to the Arlington DMV today. They took copies of my I-485 and EAD. They said they will send a letter to my home in 7 to 10 days, if I'm eligible for a drivers license. I went a month back when I didn't have the EAD with me and they did not even accept my documents for faxing it to Richmond. Man...its getting crazier everyday.

    Please post back your experience here. Thanks for starting the thread.

    I am starting this thread to collect and share experiences using EAD as proof of legal presence with with VA DMV.
    1) I read on the forums that if we take EAD to DMV , they would fax it to Richmond and wait for verification.It could take anywhere from half an hour to 1 week.
    I went to DMV in TysonsCorner, was told that I need to bring I797 to be able to get them to fax it. This was on 10/2/2010
    2)I went to Franconia DMV with I797 for my EAD application. ( I797 is the receipt notice )
    I was told that, I need to bring Original receipt notice of 485 application and If I have that, the manager can issue me the licence then and there.
    I said that I cannot get the original 485 receipt and requested them to fax it to Richmond and wait for the response.Then they started saying even for faxing they need 485 original receipt.
    I couldn't corroborate that , but any way decided to try Tysons corner DMV again.
    This is today, 10/08/2010.

    I will update the post after trying one more time at Tysonscorner DMV with I797 of EAD.
    If anybody else has experience or knowledge of this process , please post to this thread.



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  • sathyaraj
    11-02 10:38 AM
    I think you still do not understand my point, EB3 PDs are stuck at 2001/2002. How will nurses be able to use these EB3 visas with their PD > 2006 ?

    No. It will not help.
    Schedule A workers first get GCs from EB3 quota and when they finsih that, they take the recapture numbers. When there is no recapture rule, they are treated as other regular EB3s.

    Do you think there are only 61K nurses waiting in line?
    Nurses from the whole world will want to come here if it is made easy for them and are qualfied. Who will not? Ask yourself.





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  • anemmani
    01-04 10:11 AM
    H1B is considered a dual intent visa and spouses of H1B beneficiaries have a difficulty proving non-immigrant intent that is required for F1. If the primary applicant has I-140 approved, it is even more difficult. As a result, my wife did not pursue the F1 option. Instead, she is enrolled in college as a H4 dependent. H4 dependents under certain circumstances are eligible for instate tuition. However, they are not eligible for teaching & research assistantships. They are also not eligible to OPT (because it is a form of employment.)

    Nag





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  • p_kumar
    11-25 09:12 PM
    I am doing the same - full time H1B, part time school. Can use EAD for assistantship and full time school next year (if GC does not come through). If GC is approved(hopefully) since NC is already cleared and PD is current, I will continue about 6 months more full time with employer and do part time school.

    How do you know that your namecheck is cleared?. thanks





    monkeyman
    10-21 07:44 PM
    You have taken a very risky proposition. The best bet is to talk to the lawyer and let him/her handle the situation. You could receive the RFE on 1 and on account of trying to mislead the USCIS may have some issues and could lead to a murky situation.

    My friend's situation is even murkier - both him and his wife filed for I-485 (along with other documents). The hubby added his wife as dependent and the wife has added the hubby as dependent. So, they received two EADs each and two APs each. They also got 4 FP notices and when they went for FP the second time, the issue came to light. Now the two lawyers are trying to clear the issue - I am sure this is posted someplace in the forum.

    Best bet is to talk to the lawyer.





    maharshijb
    05-05 09:30 AM
    Hiring Manager has asked me to send him a link to the website which says I can start working once the application is submitted to USCIS....so that he can talk to his HR & other folks....



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