Thursday, June 30, 2011

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  • mhkumar
    02-17 02:37 PM
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  • srini1976
    09-30 12:15 AM
    What happens when 485 is pending for more than 180 days and a person already used EAD for his current JOB(because of the policy of the Employer saying that: Once they apply for EAD employee needs to use EAD and company will not extend H1B anymore). Eventually employee will use EAD.

    The he loses his JOB(with Current Emlpoyer who is the sponsorer of 140 & 485)? And say he remains without similar JOB for example 2-4 weeks and then finds a JOB with similar JOB description? Does he still remain on Adjustment of Status? Does he needs to be continuously employed till his 485 is adjudicated?

    Please provide some input. All your opinions would help many folks!




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  • sparklinks
    08-26 11:13 AM
    Congratulation. That was quick. I applied for EAD renewal for me and my wife RD 7/9/2008 and still waiting.

    Any one waiting near 6/18 ?




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  • alex99
    07-02 09:51 AM
    Sent on Jun 30 to reach on 2'nd July.



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  • kosu
    06-15 12:37 PM
    Package received by Nebraska SC: June/4.
    Check cashed: June/14 (it shows LIN# on the back).

    Querying status using this number shows a receipt date of June/12!

    Samething happened to me. TSC received my application on June 6th, but when I checked my status it says that they received my application on June 11th.




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  • mnq1979
    09-23 01:52 PM
    Hi mnq1979,
    The application was filed with CSC as all nos., which I have seen, are WAC nos. EAD was issued from CSC on (and I am guessing here) 18th, left from KY (40701) on 20th Sept (according to post mark) and reached my house on the 22nd Sept. If it was India and if the post man had delivered this to me, I would definitely have given him something for "mithaai" :D
    It was only 3 days ago I had got the transfer notice from CSC saying that they had move our cases to TX.
    I got the cards directly as my lawyer had not sent me the application no. yet. There were no notices for EADs.
    More than me, my wife is happy that she wouldn't have to sit around feeling like a "dependent" ;).

    GOD!!! to be honbest with u my situation is same like urs....like my wife is also too happy that we have received our receipts # for i485 and that we will soon get our ead hopefully....now she has started tellign me that she has jst # of days left of being dependent on me!!!! man it was fun to have 1 dependent as u can rule her...but now is smeeling freedom...anywaz....hope for the best.....thanx



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  • desighee
    04-21 07:03 PM
    Dear Mehul,
    I know a lot of people might have suggested you different things for your well being.I would really like to suggest to please try Ramdev's yoga.If possible plan a trip to India and attend a camp.Several thousand people with chronic illnesses for which medical science had apparently no cure,have fully recovered .I would really suggest you to try:http://divyayoga.com/main.htm
    May be you can subscribe to Aastha channel.They show interviews of people who have recovered from last stages of cancer.
    May god bless you and you fully recover.
    Do do try the Ramdev camp once.
    you will fully recover,
    sandeep






    Gurus,

    I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.

    I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003

    Please help.

    Mehul




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  • shantak
    05-19 09:26 PM
    I am a 2 July 2007 filer. Many SR's and calls later no FP.But I applied for EAD and AP renewal last week.I got the FP notice in mail today.

    So I think that the renewal may trigger a FP notice.


    -R
    Did you efile your EAP and AP renewal.



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  • asdqwe2k
    06-27 03:06 PM
    I am really surprised that you guys are contemplating on going against your employer for a employment letter and filing your GC. I mean, how hard is it for you guys to agree to the terms of your employer that you will work till you get your GC and upto 6 months beyond that..

    If you guys came before 2001-2002 and seen how the situation was for green card filers you will now what I am talking about..

    1. There was no concurrent filing of I-140/485
    2. There was no premium processing for Labor
    3. There was no premium processing for I-140
    4. There was no AC-21, so there is no way of switching jobs..

    Still it used to take 4-5 years to get a GC.

    And you guys are complaining about your employer because you worked for 1-2 years and you want to quit as soon as you get EAD..

    Just imagine what would have happened if the dates were not CURRENT.. How many more years you would have worked, cursing USCIS

    Your greed will ruin you in future, just like you are cursing your employer's greed..

    Also, before you curse your employer, it was you who joined the company and you had many months to find out what kind of employer you have and it quit the company long time back.. You could have switched to different company long time back..




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  • sathweb
    01-30 01:05 PM
    You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.

    There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.

    BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules… I hate people who false represent the facts for immigration benefits.

    Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don’t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.

    What’s your problem man? You are mad because your wife did not get H1B/Job? What do you say to a American citizen who is saying that you took his job? It’s all part of the game. Everyone is trying to improve their life.

    How can you tell your wife is better? Your wife is doing exactly the same, converting from H4 to H1B. Did she have job offer when she came to USA? You must have come through some consulting company, what kind of offer letter you had when you came to US?

    Everyone is playing by the rules, otherwise we would not have been here. dont think you are the only one playing by the rules.
    How can you tell he/she is representing false?

    People like you are the ones who are dividing the community.



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  • sina
    11-18 03:07 PM
    Will send the email.




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  • txh1b
    08-26 09:03 PM
    I'm seeing lots of folks being greened whose PD is after us. Is it possible that they have PD on their 485 (because I-140 concurrently filed) and so it was picked up by officer? I guess it's not.

    In response to infopass officer's request to expedite, I received letter from USCIS (within a week) . It shows my receipt# correct but shows filing date 10/10/2007. Actually, this is receipt date of case transfer to TSC from NSC.

    The filing date on SR is manually entered by the person opening the SR. It has got nothing to do with your real filing date. All that matters on the SR is your A#.



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  • Pineapple
    10-26 11:31 AM
    TheOmbudsman, what Exactly is the point you are trying to make? You have been moaning about pretty much everything under the sun, but I cannot see a coherent strategy being proposed as an alternative.




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  • sina
    09-19 02:41 PM
    Hi...
    All mine and my spouse's applications were transfered to Vermont. my I-140 was approved from TSC. My checks were cashed on July17th and that is how I know that it is pending at VSC.
    Yesterday I got an email that Card production ordered for EAD. All applications applied on July 6th. I am not sure on what basis they transfered. But it looks like Vermont has started approving the EAD cards. Hopefully, I will get it soon too in the mail.

    I am wondering if anybody knows based on what indicators the cases are being transfered from one service center to another? My I485/765/131 went from Nebraska, to Texas, to Vermont (frustrating, since Vermont has the slowest processing times for I485). Any ideas?



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  • snathan
    02-09 08:19 PM
    Its only $649...at least let us cross $1000 today.

    Come on guys.




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  • ragz4u
    05-04 11:58 AM
    I am having trouble attaching it here and will get back to it soon



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  • gccovet
    02-09 12:42 PM
    Thanks a lot.
    Can you please help in keeping this thread on the top?

    Certainly. Will do.
    GCCovet




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  • sayantan76
    03-09 11:18 PM
    And I know a guy (a restaurant waiter from Nepal) got his GC in frikkin 14 months. And this was 5 years ago when I had just applied and now even today mine is still pending and that Nepali waiter who could not speak 4 words in English is now a Citizen and whenever I go to this restaurant for a buffet he keeps laughing at me and he is still a waiter in the same restaurant. I know him for 6 years. I get enraged at this countrys immigration policy. And I have met about 5 cabbies (Somalia, Pakistan, Sudan) etc etc who came here by winning visa lottery. And they are all citizens or GC holders. This is a mockery. This country has finally started to SUCK big time.
    what makes you think you are more important to american society than the waiter or the cabbies? we all come to US under full disclosure but a hope that by the time our turn at GC (and Citizenship for those who care) comes - the queues would have shortened or the rules would have changed in our favor and we wont have to wait for so long......




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  • good idea
    09-23 04:29 PM
    "EB-2 India. This category is expected to remain unchanged or to move very slowly forward (by a week or so) in the short-term. This is mainly caused by the fact that many EB-3 India applicants (there are approximately 60,000 EB-3 India pending cases) are �porting� their priority dates into the EB-2 India category and are thus taking visa numbers.


    EB2 India is slowwly becoming EB3 as thousands are porting from EB3 to EB2. Some of them are really worthy of EB2 and some of them are fradulent.

    EB2 India applicants should wake up from their celebratio of a few months leap and get ready for slow movement or retro.

    Guys wake up and fight to make the porting rules veryu strong if not stop porting. The rule should be if I140 for porting is denied then the applicatnt should loose his/her initial EB3 priority date also as he /she has indicated that he/she is no longer working in the position as described in EB3 labor. This will make sure that fradulent applicants cannot port from EB3 to EB2.

    P.S: I know I will get thousands of REDs. I do not care... EB2 I guys wake up.. Time is running out.. EB2 I will very quickly become same as EB3I.

    I am surprised that you have tool to predict some of EB3 people porting to EB2 are fraudulent. Can you share the criteria for this allegation?




    Pankaj
    06-22 10:46 AM
    My labour and I-140 is approved last year and I am working with current employer from last 1 and half years. Employer is making good money trough me.

    As now the dates are current, my employer is trying to exploit me.
    He is not responding to my mails, and not picking my phone.

    Last modified message which I got from him is that:

    The whole financials for the company changes with filing 485 for you immediately. So, it is definitely a loss for company to process your 485 immediately.

    you need to come with items that you are ready to compromise in return; so that the company also benefits by helping you."

    I am very much in tension and he is talking to me.

    Can someone suggest what may be the option for me?




    Ramba
    04-20 03:50 PM
    First there is not enough AC21 cases to give feed back how their 485s were handled (approved/detail of RFE/denied) due to job change. Becase, almost all guys who used ac21 still in waiting game due to retrogression.

    The main thing what I see here is, USCIS has not yet published the final regulation to interpret AC21 act, even after 7 years of passing AC21 act. They are issuing internal field office memo. These memos are non-binding. In other words, one cannot firmly relay on memos or challange the USCIS decision on AC21 portability according to these memos.

    However, sofar, these memos are very favorable to workers, including allowing self-employment, one can port even before 140 approval ect...However, USCIS were cautioning in each memos, that the final regulation may be restrictive than memos. If they took restrictive position in final regulation, it will be a huge problem for most peoples, as they might have violated the final regulation.

    Another issue is, definition of "same or similar occupational classification". This is going to be very subjective based on how uscis adjudicator going to compare old and new jobs. The memo says by comparing job duties both old and new jobs and based on SOC or ONET code of old and new job they have to decide both jobs are same or similar. As there is no clear regulation it is big issue to go howmuch level of similarity between jobs. For example one guy may think "database administrator" and "network administrator" are similar job to port. The USCIS may think it may not. It is not quantified.

    I feel IV should advocate on liberal/quantifyable defintion for similar jobs in AC21 interpretation. For example, all computer professional jobs should be considered as similar jobs as well as all engineering jobs should be considered similar to port. For example mining engineer can port to chemical engineer job etc...

    Also, if any one port to self employment in similar job, there is no much information available wheter one should open a company in his/her name or not (by just working in 1099 etc.. for multiple positions). This needs to have a flexible option for workers, like one can work in 1099 w/o opening a bussiness.

    Also, IV should advocate on not to have any restrictive interpretation in final regulation.



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