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eb3_nepa

07-23 12:08 PM

ya , in ur words agents

raju_abc. With all due respect to new members.

For one, where you should work is up to you and this forum is NOT the place for questions like, what location is the best to work at.

Secondly, do you realize that you have wasted a perfectly good H1B visa that someone else could have obtained?

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Jerrome

05-21 12:41 PM

I have received RFE for my spouse, I have not received the details yet, but need to clarify the following(i am in touch with my attorney also).

We applied for her H1 in 2007 April, it got approved on September 2007.

We also applied 485 in July 2007 so she did not join the H1b Company on September 2007.

We applied COS to H4 on February 2008 but she started working on EAD from March 2008 onwards, she is still working on EAD.

Her H4 approved on November 2008(but i was no more in H1).

I think my wife's status is AOS from July 2007 onwards is that correct? Or is this a problem.

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eb3_nepa

06-09 01:39 PM

When discussing premium processing, capitalism etc categories, we should not forget that USCIS is a monopolist. There is no alternative, hense all screw ups, "premiums" etc. Capitalism has nothing to do with USCIS. This organization is a typical crippled socialistic child.

I agree with this one. It is more about no competition and no incentive to do things faster. Premium processing is just what it says it is. Pay up and we will have an incentive to do it faster. Else put up with our delays.

I wish they wud do something like premium processing from the WHOLE Green card process. I am sure people wud be more than willing to pay for that.

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go_guy123

10-23 02:02 PM

Glad to see this law. Also this law gives me hope for recapture. No one knew about this law was in transit and without any hitches this one passed all the way. So for those who feel that recapture cannot pass can rethink their position based on this new fact.

Yes very true....actually thanks to organizations like IV a lot of lawmakers now understand the EB backlog. There is not a major opposition to EB reform.
It is the CIR that is holding this back.

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nousername

06-01 01:50 PM

Pay stub is secondary .. In the given market getting an offer letter should be your priority. Once you have an offer letter (job) you can apply for your H1 transfer. Worst case USCIS will ask you to go back to your home country and re-enter with a fresh I-94 BUT all this will only happen is you have a new offer.

You said you are here with your family. I do not know your financial condition but it all depends upon how long you can sustain without a job and what risk level you can take with your family. BTW, you have been out of status for 4 months.. so do whatever you want but quickly.

Thanks once again for your reply.

I want to make myself a little clear. Actually, the company thru which I applied my H1B transfer, withdrew my case recently when some query came. I did apply for premium processing paying more. Now the situation is I am still hunting job but as you know it is hard to get one these days. Nothing has been finalised as yet and I am having paystub till Jan. 2009. The company for which I worked won't like to give any letter for unpaid leave. Your case do give me some hope, but I am worried :

- no new company would like to process my case owing to my 3-4 months back paystub . Is it going to happen like this ? I am here with my family, and in that case I am confused whether I should stick to this place or leave.

Thanks again for your time and advise.

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rb_248

11-14 08:24 PM

I totally agree that we must channelize all our frustration into positive energy. But, sometimes I get a feeling that I don't belong in the US anymore and why should I fight for something that is never going to happen. :(

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FinalGC

04-28 09:00 AM

That is encouraging news, after heari ng all bad news of people getting stopped and being sent back........

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kanakabyraju

08-20 02:50 PM

Thanks LT. I have to be in india for a wedding in the second week of sept. I thought being valid is good enough. Where did you find the six month passport validity needed for travel. I can get it renewed while I'm in India but I'm not sure how long it will get it to be renewed in India. I'm planning to be in India for three weeks. Thanks again.

Use tatkal service at India embassy and you may get it on the same day.

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sendmailtojk

03-31 11:44 PM

At least, get a letter from your employer stating they won't revoke your I-140. If they agree to do so, then file a G-28 appointing a new attorney of your choice; however, if you are happy with your current one and find them affordable, let them know and ensure they will handle your case independent of your employer.

Cheers.

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santb1975

07-17 05:57 PM

I thought contribution to IV would be a better Idea than flowers, sweets etc. A thankyou card in additon to contribution is even better :-)

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belmontboy

12-10 03:10 PM

The anonymous reputation system is prone to abuse.
People sometimes use derogatory language. It would be great if the names are also published along with ratings.

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kshitijnt

05-14 07:44 PM

Dont worry they would not retaliate. I had written highly critical emails back in 2004. Not a problem.

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apb

07-17 10:23 PM

The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007).

Please note that fee change will be effective for EAD/AP after July/30

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gcpool

08-29 09:12 PM

On the application for renewal for EAD (online) there is question

Current Immigration Status:

IF a person is working on EAD so what should be selected.
There is nothing that is close to saying (Pending I-485 or AOS)

The options are

A1"A1: AMBASSADOR, DIPLOMAT
A2"A2: OTHER DIPLOMATIC OFFICIALS
A3"A3: ATTENDANTS OF A-1, A-2
AS"AS: ASYLUM
ASD"ASD: ASYLUM STATUS DENIED
AW"AW: RAW APPLIED FOR AT A PORT
B1"B1: TEMPORARY VISITOR FOR BUSINESS
B2"B2: TEMPORARY VISITOR FOR PLEASURE
BE"BE: BERING STRAIT ENTRIES
C1"C1: ALIEN IN TRANSIT THROUGH U.S.
C2"C2: ALIEN IN TRANSIT TO UN HQ
C3"C3: FRN GOV OFF IN TRANSIT THRU US
C4"C4: TRANSIT WITHOUT A VISA
CC"CC: CUBAN MASS MIGRATION PROJECT
CH"CH: PAROLEE (HUMANITARIAN/HQ AUTH)
CP"CP: PAROLEE (PUBLIC INT/HQ AUTH)
D1"D1: ALIEN CREW DEPART SAME VESSEL
D2"D2: ALIEN CREW DEPART OTHER VESSEL
DA"DA: ADVANCE PAROLE (DISTRICT AUTH)
DE"DE: PAROLEE (DEFERRED INSPECTION)
DT"DT: PAROLEE (DISTRICT/POE AUTH)
E-1 Dependent"E-1 Dependent: SPOUSE/CHILD of E-1
E-2 Dependent"E-2 Dependent: Spouse/Child of E-2
E1"E1: TREATY TRADER/SPOUSE/CHILDREN
E2"E2: TREATY INVESTOR/SPOUSE/CHILD
EAO"EAO: EMPLOYMENT ADVISORY OPTION
EWI"EWI: ENTRY WITHOUT INSPECTION
F1"F1: STUDENT - ACADEMIC
F2"F2: SPOUSE/CHILD OF F-1
FUG"FUG: FAMILY UNITY GRANTED
G1"G1: PRINCIPAL REP. FOREIGN GOVT
G2"G2: OTHER REP FOREIGN GOVT
G3"G3: REP NON-RECOGNIZED FOREIGN GOV
G4"G4: OFFICER/EMPLOYEE INTL. ORG.
G5"G5: ATTENDANTS OF G1, G2, G3, G4
GB"GB: VISITOR WITHOUT A VISA 15 DAYS
GT"GT: VISITOR WITHOUT A VISA 15 DAYS
H1"H1: ALIEN OF DIST MERIT & ABILITY
H1A"H1A: REGISTERED NURSE
H1B"H1B: SPECIALITY OCCUPATION
H1C"H1C: Nurse Relief
H2"H2: TEMPORARY LABOR CERTIFICATION
H2A"H2A: TEMPORARY AGRICULTURAL WORKER
H2B"H2B: TEMPORARY NON-AG WORKER
H3"H3: ALIEN TRAINEE
H3A"H3A: TRAINEE
H3B"H3B: SPECIAL EDUCATION TRAINING
H4"H4: SPOUSE/CHILD OF H-1 THRU H-3
I"I: FOREIGN PRESS
IMM"IMM: IMMIGRANT
IN"IN: INDEFINITE PAROLE
J1"J1: EXCHANGE VISITOR
J2"J2: SPOUSE/CHILD OF J-1
K1"K1: ALIEN FIANCE(E) OF USC
K2"K2: CHILD OF K1
K3"K3: SPOUSE OF USC
K4"K4: CHILD OF USC
L1"L1: INTRA-COMPANY TRANSFEREE
L1A"L1A: MANAGER OR EXECUTIVE
L1B"L1B: SPECIALIZED KNOWLEDGE ALIEN
L2"L2: SPOUSE/CHILD OF L-1
LZ"LZ: BLANKET L PETITION
M1"M1: STUDENT - VOCATIONAL/NON-ACAD.
M2"M2: SPOUSE/CHILD OF M-1
ML"ML: PAROLEE-MEDICAL, LEGAL, HUMAN
N8"N8: PARENT OF SPEC IMMIGRANT CHILD
N9"N9: SPOUSE/CHILD OF N8
NATO-1"NATO-1: PRINCIPAL REP. OF NATO MEMBER
NATO-2"NATO-2: OTHER REP. OF NATO MEMBER
NATO-3"NATO-3: CLERICAL STAFF FOR N-1, N-2
NATO-4"NATO-4: OFFICIALS OF NATO_ION
NATO-5"NATO-5: EXPERTS EMPLOYED BY NATO
NATO-6"NATO-6: CIVILIAN COMPONENT OF NATO
NATO-7"NATO-7: ATTENDANTS OF N-1 THROUGH N-6
O1"O1: ALIEN W/EXTRAORDINARY ABILITY
O1A"O1A: EXTRAORDINARY ALIEN - NON-ARTS
O1B"O1B: EXTRAORDINARY ALIEN IN ARTS
O2"O2: ACCOMPANYING ALIEN TO O1
O3"O3: SPOUSE/CHILD OF O-1, O-2
OP"OP: PAROLEE (OVERSEAS AUTHORIZED)
P1"P1: ATHLETE OR ENTERTAINER
P1A"P1A: ALIEN WITH ATHLETIC EVENT
P1B"P1B: ALIEN WITH ENTERTAINMENT GROUP
P1S"P1S: SUPPORT PERSON OF P-1
P2"P2: EXHANGE ARTIST/ENTERTAINER
P2S"P2S: SUPPORT PERSON OF P-2
P3"P3: UNIQUE PGM ARTIST/ENTERTAINER
P3S"P3S: SUPPORT PERSON OF P-3
P4"P4: SPOUSE/CHILD OF P-1, P-2, P-3
PAR"PAR: PAROLEE
PI"PI: PACIFIC ISLANDER
Q1"Q1: INTL CULTURAL XCHG VISITORS
Q2"Q2: IRISH PEACE PROCESS PARTICPNTS
Q3"Q3: SPOUSE/CHILD OF Q2
R1"R1: RELIGIOUS OCCUPATION
R2"R2: SPOUSE/CHILD OF R-1
RE"RE: REFUGEE
RE5"RE5: HAITIAN W/GRANTED REFUGEE STAT
RW"RW: RAW APPLIED FOR AT A US CO
S1"S1: SPECIAL AGRICULTURAL WORKER
S2"S2: SPECIAL AGRICULTURAL WORKER
S5"S5: INFORMANT OF CRIMINAL ORGANIZATION INFORMATION
S6"S6: INFORMANT OF TERRORISM INFORMATION
S9"S9: EMERGENCY FARM WORKER
SDF"SDF: SUSPECTED DOCUMENT FRAUD
ST"ST: STOWAWAY
T1"T1: VICTIM OF SEVERE FORM OF TRAFK
T2"T2: SPOUSE OF T1
T3"T3: CHILD OF T1
T4"T4: PARENT OF T1
TB"TB: SPOUSE OR CHILD OF CAN. FR
TC"TC: CANADIAN FREE TRADE AGREEMENT
TD"TD: NAFTA DEPENDENT
TN1"TN1: NAFTA PRINCIPAL (CANADA)
TN2"TN2: NAFTA PRINCIPAL (MEXICO)
TPS A-12"TPS A-12: APPROVED FOR TPS ON FORM I-821
TWO"TWO: TRANSIT WITHOUT A VISA
U1"U1: VICTIM OF CRIMINAL ACTIVITY
U2"U2: SPOUSE OF U1
U3"U3: CHILD OF U1
U4"U4: PARENT OF U1
UN"UN: UNKNOWN
V1"V1: SPOUSE OF LPR
V2"V2: CHILD OF LPR
V3"V3: DEPENDANTS OF V1 OR V2
WB"WB: VISITOR FOR BUSINESS - VWPP
WD"WD: WITHDRAWL (I-275)
WI"WI: WITHOUT INSPECTION
WT"WT: VISITOR FOR PLEASURE - VWPP

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optimist578

04-30 10:43 AM

You are there for a long wait..mine was filed in dec and still pending.

My receipt date was 1st Dec and I got approval notice on April 25th.

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hope123

12-22 06:05 AM

Appreciate all of your valuable inputs.

I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?

If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?

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gcpool

03-14 09:22 AM

The thing that has to be remembered is that you have to mention is very clearly how you are availing the priority date and also quote the law.
File both the I-140 in the front. Put the argument all over the application. And dont forget to quote to law. Otherwise it will be returned back.

I think its possible but hire a very good lawyer to do it for you. Most of them dont know the law and dont even know how to handle such a case

There is a difference in tranferring the priority date and requesting to use an earlier application
First is when the second I-140 is going to be filed
Second is when you already have two I-140 and is planning to apply the 485

The first process is common and said to be proven. But the second is not very common.

But I have come to conclusion that both of them work.

Yes he can use earlier PD for EB2.
He can file I485 in EB2 by requesting recapturing priority date from EB3.

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redelite

08-27 10:48 AM

Here's my go at it...
Calvin & Hobbes -> http://www.kirupa.com/forum/attachment.php?attachmentid=47743&stc=1&d=1219871683 http://www.kirupa.com/forum/attachment.php?attachmentid=47744&stc=1&d=1219871687



Btw, that Sonic is awesome! :thumb2:

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NNReddy

08-26 03:24 PM

Thanks for the reply. So we don't need to disclose to employer that we are on EAD.

AND
Also can employer discrimnate EAD, for ex: they won't hire people on EAD, can they do that legally?

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kirupa

01-02 08:42 PM

Sure, feel free to. As long as it is something that you did (no 3rd party code, etc.), then it is all good.

:)

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fromnaija

05-22 04:45 PM

Since there is a quota, priority date will come into play. That is why the new bill specifies that those who files I-140 after May 21, 2007 and those whose LC are approved or pending will maintain their priority dates. Anyone who files under the new point based system will have their receipt dates as their priority dates.

Its not clear yet if priority date comes into the picture at all. Nothing is clear yet, for example for the Canadian points system does not have a country quota or any limits on the number of gc every year. There is a cetain pass mark and if you have the required pass marks you make it.

With the CIR points system there is an annual limit and also a country quota, so how will they select candiddates,
1. based on pass marks?
2. based on who has the highest number of points for each country
3. Does the priority date come into plat at all?

hope somebody has the answers for these questions.

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