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  • makemygc
    02-28 09:37 PM
    Do you have your I-140 approved and if yes, have you passed 180 days since you filed your I-485? If answer to both the response is yes, then nothing to worry about as you can simply work on EAD.

    If you are still considering transfering H1-B, start looking for a company immediately. Small India companies who do H1 transfer can be little helpful in your scenario but watch out for crooks.


    Dear members,

    I am on H1B with I-485 Pending and i have layoff coming. I have Approved EAD but i haven't used it. How much time I have to find another job without loosing H1B Status?

    I appreciate your help





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  • peacocklover
    01-19 02:20 PM
    I'm not doing any favor to any body and I'm just protecting my life and my friends life. Why would any H1 guy take that risk even if his Green card application is pending and even when he is discriminated purposefully based on his country of origin in POE also in USCIS? These two issues are interconnected to each other such as buying a house for living long term in US and his application is pending due to failed immigration policies even though his employer is interested to have his services at higher priority. When few rude CBP officers don't let him to enter in to US even if he has valid VISA to work in US and even if his company needs his valuable services to the slowly rising US economy, what's the point in buying a home even though selling can be done through some Power of attorney at loss in future from home country (it becomes biggest blunder of my life if I do that) ?? You would realize when it becomes your turn at the POE. 1% will become 10% in no time if you don't react.

    It sounds like your argument is like my granny's old saying 'Cat(who is considered as thief in that neighborhood) jumps in to somebody's kitchen, drinks milk by closing her eyes and she feels that nobody is watching her'. I can't make that risk by buying a house in this limbo situation though I have an interest to live in US to realize my American dream since my childhood.

    Yes Sir, very true: "People do not buy house to sell it". I am not suggesting that you buy a house and sell it, I am suggesting that in case you plan on buying the house .. don't get intimidated by the bad immigration experience of few folks. My point is that in worst case scenario, if you have to go back to India (which is less than 1% chance), there are ways to deal with house situation.





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  • kishorek111
    11-12 04:22 PM
    asking for donations is nothing wrong. After all Immigration voice is for everyone's benefit.

    At the same time, keeping everything transparent is IV's duty. IV should not wait for someone to ask these details...





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  • kokil
    03-08 04:30 AM
    Please guide me. I really need to understand it is worth doing this or should I hold on?



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  • Brightsider
    01-19 11:22 AM
    Peace out guys!

    Why dont we call it a day on this issue. The OP was venting frustration, and feels entitled to do so. Nothing wrong with that, and there is no need to question his motives or logic. Considering what all of us are going through, there is a lot to be said in favor of letting out steam.

    Lest anyone feel offended for anything I have said, I am not being patronizing. Indeed, after five years of wait, I feel like a good crib session will do me good too.

    Chill out and enjoy the weather....after weeks of awfully low temp., the sun is out and the weather is glorious.:)





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  • amitjoey
    07-05 05:38 PM
    Use the template and email reporters.



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  • mirchiseth
    06-17 12:19 AM
    Update: I got the fingerprinting or ASC notice for both of us. So it seems things are moving.





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  • kevinkris
    08-28 01:47 PM
    Hi deafTunes123,

    I went to infopass yes'day, mainly to confirm my priority date. My employer used RIR labor and ported to PERM. Not sure of the PD, so took infopass.

    She printed the screenshot and given me.

    Find the screenshot attached. Preference E21 is EB2.
    E31 is EB3

    http://tinyurl.com/6rjs5p


    Thanks.

    Guys,

    I took an info pass last week to check the status of my case. Specifically to check whether the interfile is success or not. IO at USCIS office mentioned that she cannot check whether my case is in EB2 or EB3. I am surprised to hear that. Gurus any has this kind of experience?

    Also, She mentioned that my case is assigned to an Officer on August 13th. Do any one has any info how many days(on average), an Office will take to approve a case. Any info. is helpful to me and all.

    Overall the Field Office people were polite.

    Thanks,
    Thun.

    EB3 INDIA:

    PD: Jan 21, 2004
    I-140 approved: July 2005
    I-485 ND: 09/04/2007
    RD: 07/03/2007

    EB2: (Same Employer)
    PERM: Jan 21, 2007
    I-140 Approved: 07/14/2008 with PD of Jan 21, 2004.

    Case Interfiled on 08/06/2008 (Attached the EB2 I-140 to the existing I-485 Application).
    Hoping that interfile is success.



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  • leo2606
    12-10 09:15 PM
    Just a note, applications were accepted till 17 August, 2007.


    This thread is started to just gather the list of people who have approved Labor as on 31st Jul,2007 and could not file I-485 for various reasons like out of country,Not married, Employer did not file or Lawyer delayed etc.

    Thanks
    Ram
    ---------
    EB3 India PD Feb,2006





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  • kode
    12-30 10:06 AM
    hmmm .. let me see ... ok ok

    soul .. you've got my vote



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  • MrWaitingGC
    06-25 02:05 PM
    Thanks for your response ...

    I am told that my status will expire whenmy latest I-94 expires .. I had been out of the country after i recieved my latest H1B so technically my I-94 will expire on 16th-sep-2007 ...

    My question is what will be one's status after filing I485?


    For adjustment of status you should be in a Valid H1. If you get your EAD before Setp 16th then you can use this to work and you are safe. If you dont get EAD you are basically out of status. So I suggest get your H1 Renewed Right away using Premium or regular processing.

    Again this is my analysis check with your lawyer.





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  • kumar1
    08-04 09:12 AM
    Myht 1: If I-485 gets denied I have H1-B to as a back up.

    Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.

    Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.

    Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.

    Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.

    So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.

    Gurus.....any comments?



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  • krishnam70
    02-15 12:51 PM
    My wife worked as a full time employee and resigned after the delivery from Oct'08. She was paid the sick pay through a third party insurance and these wages are missing in the W-2. I tried contacting her employer and also wrote emails saying I would complain to IRS if they fail to provide a corrected W2. Today is 02/14 and we still didn't receive a new W2 for the sick pay or a corrected W2.

    1) What consequences the employer would have to face if they fail to report correct wages on W2?
    2) Does IRS is concerned about missing wages that are 1-2K?
    3) Do you think I should complain to IRS?

    I am planning to lodge an official complaint on Monday 02/16. I suppose it was a deadline date for all employers to provide W2 or a corrected one.

    Due diligence
    Send a Certified email with receipt /delivery acknowledgment to the employer with your request. Prepare a proper trail of documentation. If the employer does not relent, report the same to IRS after consultation with a tax consultant.

    kris





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  • kaisersose
    06-13 01:54 PM
    Do everything from scratch. File a new labor for a job position that requires a master's degree or bachelors + 5 years of exp. Then when applying for 140, attach a copy of the old 140 to use the earlier PD. There is no relation between the new job position and the job from the old 140. They do not have to match.

    Risks? Zero. You just have to spend time and effort in getting the new 140.

    The benefits of doing this far outweigh the trouble that you have go through to get bumped up to EB2.



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  • ameryki
    07-16 10:14 PM
    try calling now..most dr's that were packed earlier this month are now wide open due to everyone cancelling. but do it fast with the new developments things might get tight again. for eg- I have an appt lined up for Wed morning just incase things come through tomorrow :-)





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  • GCneeded
    04-04 12:42 PM
    its unbelievable what IV has achieved in the last 2 months.
    Because of the efforts of the core team, we have a organization for us and we have been able to unite as one great community.My sincere Thanks to all the core members.

    Ignore the detractors.



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  • 485Mbe4001
    07-09 06:48 PM
    see below:

    Let us say I accumulate 40 points and return to India for good. Do I still get Social Security in India if -

    1. I am a US Citizen living in India?
    yes
    2. If I am a GC holder living in India?
    yes
    3. I am neither a US citizen nor a GC holder living in India?
    yes

    Any helpful links are appreciated. I have tried to calculate benefits using Social Security benefits calculator, but if you key in residence outside USA and non-citizen, it does not work...
    Dont bother calculating this because by the time you become 65 SS will not be the same as it is today, it can be bankrupt or the retirement age would increase to 75..80 god knows. I dont think anyone can give you a solid answer to this particular question. the calculator does not include your specific situation





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  • uma001
    06-18 04:01 PM
    Uma001, My labor mentions Bachelors plus 5 yrs of exp., I am not Masters. 60 months exp. is written on my Labor and so thats what the RFE is about.

    Any thoughts ?

    Optimist/Desitechie/Frostrated, Your comments are much appreciated. Thanks

    So that means you have 4 more years of additional exp before PERM filing. But USCIS did not ask for those letters.





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  • JunRN
    10-19 09:18 AM
    As per USCIS official report as of end-August, there were more than 500,000 pending AOS applications:

    http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Aug07. pdf

    So, if we estimate that there were about 100,000 more AOS applications receipted during September and October, that is a total of 600,000.





    chaanakya
    11-11 02:11 AM
    I-539 only allows you to change status between various non-immigrant categories. It seems that reentering the country on H4 is the only way (there may be some way to do this other than that but i am not aware of it.)

    If your H1 is valid, why even bother trying to change status in the US? Simply have wife come back on an H4 and all will be good, I am sorry i couldnt be of more help :(





    Almond
    07-16 10:23 PM
    They will reject your application without medical exam. Before USCIS officers had instruction to favor RFE, meaning denying as last resort. Now they are instructed to deny any incomplete application and accept only if everything is OK.

    Get the list of the doctors from USCIS web site and find one, drive/fly to them.

    More likely you are not a from large city if the doctor is problem. In LA there are hundreds and I had an appointment the very next day.


    This is so serious. I'm mentally going down the list over the things I sent with my application. :(