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Wednesday, June 8, 2011

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  • neerajkandhari
    06-04 10:22 AM
    You really need to ask that question of a tax or employment law expert. It's not an immigration issue so it's not my area of expertise.

    My I 140 was approved in Aug 2007
    I have a 485 pending
    Do i need to be in working for all the years till i get a green card
    I will be able to provide a job offer letter in the same position in which my green card was sponsered with same or higher salary
    Will it be enough to get my 485 approved ?

    Your Advice will be appreciated





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  • valatharv
    07-16 10:54 AM
    Write to the Indian Consulate and check for a solution with them. They will have definitely handled these types of cases before.
    Thanks for replying...

    I have already renewed my passport in April 2010 and corrected father name ...

    I am worried for USCIS old forms before RFE for 485, my father name shows as <lastName> then <FirstName>.





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  • boni
    03-28 04:22 PM
    well I have the same problem as next year I plan to be a full-time student and part-time on job.....my LC is also pending....will it effect GC..Is chanding H1 to part-time doable...what if LC is clear....can it be done later at any time i mean full-time student and part-time job....

    @sabbygirl99 Could u pls let me know what course of action u took in this regard.

    Has anyone ever seen this scenario before??!

    Part time worker but a full time student - all on a part time H1 visa? I have talked to one lawyer and a couple of admissions officers. They all say that it should be OK (but they are not crazy about it) but I want to talk to someone that actually did it.

    Is anyone out there like that??? Thanks!!

    Sincerely,
    Need To Move on With My Life





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  • frostrated
    07-06 03:36 PM
    you might want to check that yourself. From what I know, your status when you enter on AP is no longer valid. Your I-94 that you receive will reflect the status you are allowed into the country. To work in H1B status, you will either need to enter in H1 status, or adjust your status to that of H1B. Dont make a wrong move and start accuring time for working without authorization. work without authorization is grounds for deporting.

    Okay, i checked and I stand corrected. if you are returning the same employer, then you can continue in H1B status. Here is a link that might answer all your questions.
    Z&A - Advance Parole (http://www.hooyou.com/advanceparole/h1bv-ap.html)



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  • champu
    02-23 02:26 PM
    Why people ask dumb questions. For me most of these questions are dumb and answers are obvious.

    My dear friend, people are nervous. I am too. Bad news are coming from all corners.

    USCIS raids; Property & Stock Losses; Jobs disappearing. If you are in the middle of this then you would know. Sitting pretty in a recession proof role or job and commenting on others is easy.





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  • franklin
    07-17 06:05 PM
    Donate so we can continue fighting!

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=25#HowToContribute



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  • alterego
    11-01 07:30 PM
    Firstly to comment on the story, What the heck are they to do with a shrinking and aging population!

    Anyway this just speaks to issues globally.
    If we believe we are in a global economy...........and I do. Then these are relevant.
    For Instance, an IT pro in India makes a lot of money compared to professionals in other fields there. Can anyone argue that this is not due to Globalization? In some areas and fields this situation will work in reverse.
    We stand to gain by observing trends in other developed economies since it may be a harbinger of things to come here.
    Protectionism in the rich world is growing, that is a fact and was only to be expected. We are reaching an inflection point here where if capitalists here want to continue this trend they have to also accept some unpalatable developments. This might include higher tax rates on property, investments and returns, higher risk threshold on overseas portfolio investment.........not just economic risk either (political and other risks are much higher in the developing world..........................for the naysayer Desi just think about the left successfully blocking the nuclear deal and Indira Gandhi's nationalization program). These will emerge in a democracy. It matters little what the position is on these issues by the elites or the 2 dominant parties in the US. A 3rd force will likely emerge if needed. Already we are seeing protectionists like Lou Dobbs, John Edwards gaining traction with their views. This article about the situation in the UK shows us the same there.
    Change sometimes needs to be managed. I feel this is one of those situations. Immigration is good for the rich world. Especially our kind, highly skilled and entrepreneurial and linked to hyper growth economies of the future.
    Lets hope our voice gets heard in after all this land of immigrants.





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  • plassey
    09-05 12:01 PM
    What's the big deal, if it is not this year may be in next few years another bill will be introduced. Bills will kept being introduced and some day one of those bill will pass.

    Why should I worry about it? Do you really think you can make a difference?

    Even the answer is yes, people with late priority dates should be more worried as they are the ones who will get their GC in several years. If they are not worried, why are you?

    You know there is a saying that goes in my country, you can bring horse to water but you can't make him drink.

    So dude take it easy... Even though in 5-10 years but folks will get their GC (of course assuming other things remain constant)



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  • GCKarma
    07-21 08:57 PM
    With 485 pending more than 180 days 140 approved ..not using EAD i use ac21 to change job on h1.....in that scenario can i get h1-b extension after six years?...if so for how many years?





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  • snhn
    09-27 09:59 AM
    I am not very well informed legally, but sometime back we had a meeting with our company immigration lawyers and they said once filed, the catagories can't
    be changed.


    so why dont you look at the palnets and tell us what the futre hold for us.. you are doing on astroqury.com

    Lets see what the future holds for us.



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  • seekerofpeace
    09-10 11:42 PM
    You are either unmarried or Divorced....Absolutely kidding :)





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  • eagerr2i
    09-17 03:03 PM
    IV is not against H1B as such. Majority of IV members are presently on H1B program.

    IV does not support the increase of H1B visa quota before the EB immigrant visa mess is cleared. Also, IV has comdemned every single abuse of of H1B by small consulting firms or the 'fly by night operators' who abuse the system by not paying the prevailing wages to employees or not paying them at all while the consultant is on bench.

    One of the IV core members pointed out in a recent interview that in a recently released Government Accountability Office report on H-1Bs noting that in just 2005, there were 306,927 H-1B labor condition applications approved.

    I am quoting him verbatim as per the report- "Now, consider the fact that in the entire 2000-2005 period, there were only 2,737 employees due back wages [as a penalty to errant employers who broke the rules and underpaid a H-1B employee]. That is not even one percent of just one year's applications — forget about five years worth of applications," .



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  • rghrdr777
    08-15 03:11 PM
    485 RD - June 25, 2007
    485 ND - August 1, 2007 (TSC)
    Waiting for fingerprint notice





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  • averagedesi
    08-27 08:24 PM
    The only way I got to a rep is not choosing any option, the system assumes you are on rotary dial and connects you to a human



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  • prinive
    03-28 08:35 PM
    Any one else ....:o





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  • bsbawa10
    01-24 05:03 AM
    Suggestions.

    1 Since the main reason behind the retrogression is the lack of Visa numbers I feel it would be a great idea to process the 485 applications , make a decision on the case and let the applicant know about the decision though the actual card can be mailed when the Visa Numbers become available . This would reduce the anxiety on behalf of the applicants and would also give USCIS ample time to process all the applications.

    2. Yearly extension of EAD/AP is getting so expensive especially when one doesn't know how many years we have to keep doing the extensions.
    It's a known fact that except for the July 07 bulletin EB3 India PD has hardly touched year 2002 since Dec 2004.

    Some of the EB3 I folks with a 2005 PD, that I know have been issued one year extension on their EAD though they applied for the extensions in mid July(2008).

    Example of EAD/AP anxiety:

    AP document says that it should be used for emergency travel. This rule on AP
    was formed at a time when 485 processing would take not more than 6 months.
    In the present scenario with 485 processing taking years I think a person using EAD would end up using AP many times . Officers at the POE sometimes remind us the rule that AP should be used only in emergency and some of them give the person hard time if they believe the travel was not for emergency purpose.
    I guess we are supposed to have a proof of emergency travel.

    Though AC21 lets one change jobs 180 days after filing the 485 application with the I40 approved for more than 180 days when reentering the country some of the officer(s) sometimes ask the person if they are still with the same company that filed their GC.I don't know yet what they would do/say if one had changed their jobs because the people who were asked this question did not change their employer at that time. But the fact that they ask us this question makes us apprehensive about changing jobs.
    With so many rules where most of them were formed long back it's making applicant's life increasingly tough as the applicants themselves don't want to do anything that would be construed/fall on the wrong side of the rules.We are forced to watch our steps multiple times even in the case of simple things like job changes,travelout of country etc.

    When I repeatedly read about how USICS is inundated with 485 applications due to July 2007 bulletin I keep wondering why USCIS would want to increase it's work load every year with all these EAD/AP renewal applications.

    Suggestion
    Once upon a time when the 485 processing took like 6 months, EAD/AP had different meaning. In the present scenario when not many of us know how many more yeras it's going to be before (especially EB3 I folks) we get our GreenCard I would think it would be better to use the pending 485 application to change jobs and reenter the country.
    This would save money/time for the applicant and lot of time for USICS.

    Thank you.
    Very nice suggestions. More participants needed please.



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  • GCapplicant
    08-10 05:35 PM
    I think this person is just making fun.Whatever he is stating here cant be true just creating confusion-It cant be India.
    this is his first post too.





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  • ilikekilo
    09-18 06:02 PM
    hey thanks for your response, i appreciate it

    where di u file? and did u efile?





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  • thomachan72
    08-12 10:56 AM
    I dont understand why your lawyer did not notice this and question you before sending everything out. However, there are thousands of applications that they are dealing with and hopefully yours will go through. By the way did you send in all the original documents or notarized photocopies? Those who send in affidavits+non-availability certificates, did you send in originals or notarized copies?





    newuser
    05-31 12:55 PM
    Could you please also fax to all the senators if not faxed already.

    called senators from my state

    contributing $ 50 per month





    ss1026
    02-07 12:44 AM
    The immigrant visa dates for EB-2 ROW (France is part of ROW - Rest Of the World) are current. That means if you convince your company to apply for a EB-2 GC, it could be approved quickly, probably within a year or two. Just for comparision, EB-2 dates for India are in Early 2004 (that is a five year wait). It makes sense to go with EB-2 employment GC. I am an India and the wait for us is the longest across the board. In the current economic scenario, it might be prudent to wait a bit before starting your employment GC. It is best to follow your attorney/firms advice on the timing.

    I am not sure if you have the patience or the desire to wait for your future daughter to grow to 21 and apply for a family GC. I am not sure what the wait times are for family based GC for ROW but they are not as attractive as employment based Green card. There is no comparision in the wait times though so I imagine the other person was probably kidding. And for clarification, the longest wait for employment based GC for EB-3 India which is currently at Oct 2001 (about 7.5 years).....and that is my category :-( . It certainly aint a decade yet though it seems headed that way.



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