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  • morchu
    05-21 09:39 PM
    1. No
    2. ??? don't do any amendment. Just file a new eb2-140.
    3. No as long as you leave your EB3-140 as it is.

    Attorneys or Gurus please:

    I have a bit different situation than Raj (rajivkane), so please suggest/answer following queries:

    1. Is it advisable to file amendment I-824 or other (requesting an amended approval notice with retention of earlier priority date) instead of filing a new EB2 I-140 once EB2 Labor will get clear? My 485 is pending with EB3 I-140, where as EB-3 I-140 got approved before filing I-485 in July'2007.

    2. Or it�s compulsory to file new I-140 with EB2 and once I-140 after that amendment.

    3. Will it impact my pending 485 in regards to any of the above cases, which ever is correct?

    Regards,
    Raman





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  • texcan
    02-20 04:10 PM
    Thanks for answering my question. But is it not a huge difference between what I earn and what is mentioned in the LC (almost 40k) ??

    GC is for future job, this pay is for skill set that will be used for FUTURE JOB,
    it has nothing to do with your current job even if it is same job title.

    Donot worry for stuff you donot have control over. It was done in past, you are fine, you cant do anything about it anyways now, or even if you had known about this in past.
    LCA Salary is determined by Labor office, those great folks always come up with salary ...that no one pays.

    Talk to your employer and ask about seeking higher salary. Most folks get huge jump ( in normal market) when they get their EAD since employer knows now they will move somewhere else.

    Donot panic about everyting.
    HTH





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  • ita
    01-16 11:13 AM
    Thank you so much vin13.

    So in the case of company C's H1 it will be part of yearly quota and so will have to go through lottery system right?
    So there will be a chance of H1 not going through the lottery(no matter even if the applicant was on H1 before)?

    Thank you again.

    Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).

    You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.

    Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.





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  • h4visa
    07-27 03:04 PM
    O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).

    Now real question should be "Should I use EAD or Should I be on H1/H4?"

    If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.

    Understood..but in my case (H4) ..i am anyways not working...EAD is anyday better than H4...atleast i can work. and my husband will retain his H1 status. any suggestions?



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  • nixstor
    07-11 11:09 AM
    Why not? USCIS already approved 60K 485 applications in 2 weeks time. How come they cannot do the same with some extra money (i.e. premium processing). They can do anything if want to do.
    :mad:

    Premium processing does not necessarily mean that it should be done in 15 days. It depends on the complexity of the application. We all know how complex 485 is because of the name check.

    The premium processing can cost 1000-1500/more for 485 and should be done in 6 months. They can use the PP money to expedite their name checks. I am not sure what kind of issues USCIS will have implementing this





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  • Jaime
    08-06 12:12 PM
    Yeah, why not? As long as Legals ALSO get green cards!

    On The Washington Post today:

    A Less Ambitious Approach to Immigration

    By Arlen Specter
    Monday, August 6, 2007; Page A17

    The charge of amnesty defeated comprehensive immigration reform in the Senate this summer. It is too important, and there has been too much legislative investment, not to try again. The time to do so is now.

    Certainly the government should implement the provisions it has already enacted to improve border security and crack down on employers who knowingly hire illegal immigrants. But the important additions on those subjects contained in the bill defeated in June will not be enacted without also dealing with the 12 million-plus undocumented immigrants and the guest worker program.

    So let's take a fresh look and try a narrower approach.

    There is a consensus in Congress on most objectives and many remedies for immigration reform: more border patrols, additional fencing, drones and some form of a guest worker program. Modern technological advances provide foolproof identification so employers can -- justifiably -- be severely sanctioned if they don't verify IDs and act to eliminate the magnet attracting illegals to penetrate the border. Yet Congress is unlikely to appropriate $3 billion for border security without dealing simultaneously with the illegal immigrants already here.

    The main objective in legalizing the 12 million was to eliminate their fugitive status, allowing them to live in the United States without fear of being detected and deported or being abused by unscrupulous employers. We should consider a revised status for those 12 million people. Let them hold the status of those with green cards -- without the automatic path to citizenship that was the core component of critics' argument that reform efforts were really amnesty. Give these people the company of their spouses and minor children and consider other indicators of citizenship short of the right to vote (which was always the dealbreaker).

    This approach may be attacked as creating an "underclass" inconsistent with American values, which have always been to give refuge to the "huddled masses." But such a compromise is clearly better than leaving these people a fugitive class. People with a lesser status are frequently referred to as second-class citizens. Congress has adamantly refused to make the 12 million people already here full citizens, but isn't it better for them to at least be secure aliens than hunted and exploited?

    Giving these people green-card status leaves open the opportunity for them to return to their native lands and seek citizenship through regular channels. Or, after our borders are secured and tough employer sanctions have been put in place, Congress can revisit the issue and possibly find a more hospitable America.

    Some of the other refinements of the defeated bill can await another day and the regular process of Judiciary Committee hearings and markups. Changing the law on family unification with a point system can also be considered later. Now, perhaps, we could add green cards for highly skilled workers and tinker at the edges of immigration law, providing we don't get bogged down in endless debate and defeated cloture motions.

    It would be refreshing if Congress, and the country, could come together in a bipartisan way to at least partially solve one of the big domestic issues of the day.

    The writer, a senator from Pennsylvania, is the ranking Republican on the Senate Judiciary Committee.



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  • leoindiano
    09-15 11:53 AM
    Great Idea...

    I have all the pictures, I have my degree, technical certifications. We can also put the pictures of our homes if we have one.





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  • dealsnet
    07-23 12:50 PM
    If you are out of USA for a longer period, your I-485 will be in trouble. If you didn't come before AP expiration, your AOS will be abandoned. You cannot renew AP away from USA.


    You can not get a new AP while you are out of US. You have to be in the US at the time or applying and while it gets processed. Recently I have seen two cases where the AP was issues within 30 days of applying.



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  • shaikhshehzadali
    07-11 11:35 AM
    No big deal man...mine was approved in 2 days from NSC..;)





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  • asanghi
    09-15 02:15 PM
    We can send these to Nancy Pelosi & Harry Reid. I am in. However it will only be effective if we manage PR well. The only reason flower campaign worked so well was because it was all over in the news. So I guess we should either copy some reporters (which I think may be too much data for them to appreciate) or make a press release through IV.



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  • raydon
    05-12 11:16 PM
    We're all impacted by retrogression and each person comes up with different reasons such as labor substitution or porting from EB3 to EB2 etc. I think that the unemployment rate is a key factor that might be influencing the movement of visa dates. With a double digit unemployment rate for US workers, why will the government want to give green cards to foreign workers.

    Even if you get the green card, you could lose your job and apply for unemployment benefits. The US government does not want increase in the numbers of those claiming unemployment benefits or welfare programs. These benefits are not available to workers on temporary visas.Social security and medicare are also going to be tapped out within the next 10-20 years. These factors could have made them influence the USCIS/DOS to roll the dates back and make it U for all EB3 and to past 2000 for EB2 India. EB2 is current for other countries due to low demand.

    Until the unemployment rate falls to reasonably low (in their view) levels, they have no inclination to act on immigration reform.

    Notwithstanding the DOS explanation for the retrogression, there might be political factors in the background that are not made public.How do we know that this wasn't happening behind the scenes?





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  • neha_garg123
    01-07 10:09 PM
    I am sorry for "atrocious" english. I guess I am just very nervous. Lemme reprahse:
    I never worked on that H1-B application. I just filled the H1-B and left USA (I was working on OPT before that with another company). My biggest mistake in life was filing the H1-B with a shady consultant out of desperation. Good that I never worked with him before leaving states. obviously I got a 221G, but now a big company has recruited me from India. I am again nervous if they can transfer my H1-B(which I never used).
    Now do I make some sense?



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  • 21stIcon
    09-21 07:11 AM
    I am really amazed how some guys do not even know how to search house on internet and posting 10 messages for very basic question and dreaming of owning house during one of the turbulent times in the history.

    House is not an appreciating asset anymore for atleast another 5 years and it is luxury item which could loose value anywhere 10 to 30% by 2011.

    Salaries will go down all across board for most people, which could make less people to afford.

    Try to learn 1991 housing crash in US ,Japanese 1955 housing and curent UK turmoil.

    Then look into Japan 1980's and US 2001 to 2005 housing boom which will help.

    Do not spend 50% of your salary on housing which may loose by 2011 and you might not have anything on saving as well.





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  • satishku_2000
    06-15 10:41 PM
    1. First USCIS has to collect tons of applications that will be filed .

    2. They have to issue receipt number for all of them , which needs data entry . I am guessing at least it will take 5 more months to issue receipts.

    3. They should start processing tons of APs and EADs , I will not be surprised if they introduce premium processing for these two.

    4. Once receipts are issued they probably sort according to the priority date . This sorting may take anywhere between 6 to 9 months.

    5. Once sorted they start the initial processing . Meanwhile your FPs/693 might have expired so they will send a letter or RFE (FOR USCIS your application can not go forward ...)

    6. So dont expect anything to happen in 4 to 5 years even if your priority date is 2001.

    Only thing I hope is you have not been waiting for GC since 2001. Hope you entered the game later than that ...

    Good luck with everything



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  • travellertvr
    03-22 03:15 PM
    smuggymba,

    Old I-94 expiration date was January 3, 2010, and new I-94 started from October 18, 2010.





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  • kurtz_wolfgang
    08-14 11:39 PM
    Hello Gurus,


    This is my first post. I had filed 485/140 in Aug. 2007. 140 got approved this March 2008. I donot have pay stub for last 3 months. I am looking for change. My labor is a substituted one( PD 2004). It has skills mentioned of Oracle EBS. I am working on Java/J2EE. I am looking for a new Job with Java/J2EE skills. I am worried that my new offer letter with Java skills mentioned would create a problem for me.

    Please Gurus, can you advice me as to whether I can do that? Will staying on bench create a problem, as I donot get salary on bench.

    Please help me.:confused::confused::confused:



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  • GCNirvana007
    03-30 08:18 AM
    Thank you guys for helping me.
    Could you tell me please if it's ok to write where it's written "purpose of trip"........that I want to travel to visit my parents......is it ok with Uscis if I write that? Or what else should I write.
    Thanks again!

    Make sure its some sort of emergency given today's scenario.





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  • aau
    08-08 10:34 AM
    Sorry to hear about your friend's situation.

    If she is qualified enough ask her to find a new employer who is willing to sponsor her a H1B.

    She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.



    Ppl please at least give a disclaimer. This sentence, said with such authority is completely false! The ONLY way you are not counted against the annual H1B quota is if you are RENEWING your existing H1B (and you have years left on it of course).

    Think before you write..





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  • pamposh
    10-26 08:34 AM
    Do not believe on online status. Couple of my frds got their EAD and still online status is " Case Received and Pending". Looks like they are not updating the status on regular basis.

    I am one of those as well. My online status shows the regular "case received on so n so" message. I got my EAD about 10 days ago n so is with my spouse.





    justAnotherFile
    08-04 12:57 AM
    July 2 filer, PD 11/2005.
    infopass appt IO mentioned namecheck and FP check cleared.
    No soft/hard LUDs/approval yet.





    gparr
    November 15th, 2007, 07:15 AM
    I reformat my cards every time I put them back in the camera, which is after every time I dump files into my computer. In other words, some of my older cards have probably been reformatted 1,000 times or more. I have never had a problem. Brands are Ridata and Sandisk (various models).

    I have cleaned my sensors with a blower, the Copper Hill wet method, and using the Arctic Butterfly. I always use my Rocket blower first and I use it regularly. Now that I have an Arctic Butterfly, I find that it is extremely effective, when the blower doesn't get the job done, and I haven't broken out the swabs in some time.

    Gary



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