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  • gogal
    01-03 10:42 AM
    Does it mean that the full case will be covered in 15 days or till the query is send if any... Hope i am being clear..
    What my concern is after the query is send and replied, still the 15 day limit stays or it loses that and goes back to the normal processing.

    Thankyou





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  • ajay
    01-26 12:17 PM
    I am in the same boat and need to get my address updated. So what I understand from above posts is that there is no need to do paper based AR11 and can just do it online for I-485, EAD as well as AP, right?? Once done, just keep printouts for records , thats it???

    Can someone please confirm.

    YOu can do everything online.





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  • martinvisalaw
    02-23 06:04 PM
    YHowever, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.

    You need to intend to work for the sponsoring employer once permanent residence is approved.





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  • deekay
    06-23 05:01 PM
    Although this type of mistake on the I-94 would be an issue of you were solely maintaining H-1B status, because you are considered to be in the U.S. in an authorized period of stay as an Adjustment of Status (AOS) Applicant, the incorrect date on the I-94 should not present a problem for you. Technically your period of authorized stay as an AOS applicant can only end once your AOS application is adjudicated, so the dates listed on the I-94 cards for AOS Applicants are always somewhat arbitrary to begin with. Customarily AOS applicants are issued I-94 cards that are valid for a one-year period, however, if for instance, that year ends, and the I-94 �expires�, the AOS Applicant would still be maintaining valid status so long as the AOS application remains pending.



    In any event, we are not sure if the CPB Deferred Inspection unit will correct this because of the situation above, and we do not feel that the correction is necessary. In addition to continuing to be in period of authorized status as an AOS Applicant, you also have a valid I-797 for H-1B status, and even though you re-entered the U.S. on Advance Parole, you are still eligible for employment pursuant to the H-1B petition.



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  • indianabacklog
    06-10 12:48 PM
    You have the instructions since you quote them. Send exactly what they are asking for, i.e. the form, photos, copy of front and back of previous EAD and check to pay them.

    I would suggest you send separate checks if only to be able to get the case number from the back of them when they are cashed.

    The instructions clearly say make check payable to the Department of Homeland Security. I believe if you did write them to the USCIS they will still get cashed but follow the instructions.

    You seem to have it all under control. Have confidence in yourself and get the applications sent in.





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  • newbie2020
    12-01 05:20 AM
    This doesn't take into consideration any active filings. Eg. ROW countries are always current for EB2 and they can and will apply EB2 140 and 485 together, this goes on through out the year which would consume the visa number. General rule of thumb is ~10000-15000 visas will be available for India /China at the end of last quarter due to horizontal spillover.





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  • hpandey
    04-13 02:16 PM
    COngratulations on finishing the long journey !! Keep visiting IV :)



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  • ArkBird
    03-19 01:48 PM
    Canada option though attractive has his own problems and I mean serious problems!. When you apply for stamping, consulate will first cancel your existing visa so if your H1B is denied you have to go to your home country from Canada!





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  • pappu
    09-08 12:22 PM
    IV members,

    IARC (Indian American Republican council) held a conference in DC on Sept 6th & 7th (more details:
    http://immigrationvoice.org/forum/showthread.php?t=1563). Some of our core members attended this event and interacted with key lawmakers. Our core team member, Shilpa was invited to speak on the Immigration Panel.

    This is the press release from Immigration voice. Please forward it to all your contacts for wider publicity of IV's efforts and our common cause. Thank you once again for your continued support for IV's efforts.

    ===============

    Immigration Voice urges lawmakers to focus on high-skilled employment based immigration
    Washington, D.C., September 8th, 2006

    Immigration Voice member, Shilpa Ghodgaonkar participated on a panel on Immigration at the Indian American Republican Council�s fall conference in Washington DC on September 7th.

    The speaker list constituted prominent leaders from the Republican Party - Senate Majority Leader Bill Frist, Senators Brownback, George Allen, as well as U.S. House Representatives, Speaker Hastert, Ros-Lehtinen, Ed Royce, Bobby Jindal and Joe Wilson.

    Speaking at the event, Shilpa called for more focus on legal highly skilled immigration and urgent reform of the antiquated employment-based immigration system, adding that loss of talent to other countries was not in America�s interest. Ms. Ghodgaonkar observed � immigration debate included illegal immigration and H-1B quotas, but the issues faced by the legal educated foreign workers working in the US and seeking permanent residency were largely ignored.
    Noting that 255,000 employment-based applications pending at the DOL (April 2006) and 170,000 to 230,000 applications pending at the USCIS translated into unconscionable delays, she elucidated the impact of bad bureaucracy on the lives of individuals: �During the long wait, highly skilled foreign workers are wary of buying homes, cannot accept promotions or change jobs for fear of losing their position in the green card queue � particularly because their job description is tied to the green card. Highly qualified doctors, scientists, engineers... etc. cannot utilize their skills to the fullest potential. Individuals cannot innovate and start companies that would create new jobs� lives are on hold. More importantly, employers share the same frustration, as they cannot access the talent pool available here in the US.�
    Illustrating how Canada, UK, Australia, etc. are competing to welcome creative talent, and citing reasons for shortage of skills in the US, Ms. Ghodgaonkar added that America direly needs to attract talent to sustain technological leadership. �Of the total legal immigration in 2004 and 2005, only 7.5% and 10.2% respectively went to highly skilled principal applicants. 2004-2005 figures from Australia indicate that their migration program comprised of 60% skilled immigrants�.

    "The last time the quota for skilled immigrants was debated in congress was in 1990. That was 16 years ago," said Ms. Ghodgaonkar. Stating that high-skilled immigration created a net benefit to the country, she urged lawmakers to address immigration in a piece-by-piece manner, and pass sensible legislation that would retain talent in the country. �This is basically a symbiotic relationship, which if nurtured well will bring rich rewards to the US as well as the immigrants who are contributing here.�

    Commending Senator Cornyn and Representative Shadegg for introducing the SKIL Bill in the Senate and the House, Ms. Ghodgaonkar concluded �The US can continue to remain the shining city on the hill, if it attracts high-skilled workers who will be great assets to this country�.

    About Immigration Voice:

    Immigration Voice (www.immigrationvoice.org) is a non-profit national grassroots organization committed to feasible solutions to a broken employment-based immigration process. Immigration Voice is advocating for technical changes that will improve the quality of life of several individuals that are stuck in the backlogs/delays, and help the system to work as it was intended.



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  • vinabath
    07-02 03:12 PM
    Now the IV core agenda is brought to life USCIS.

    USCIS, you are the god. You almost killed IV core agenda. Now you gave life to IV core agenda.





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  • starscream
    04-21 06:28 PM
    Sid,

    I am sorry to hear about this.
    - What was the RFE about?
    - Are you employed by a consultant or employed full-time at a company's location?
    - Did your employer have any profit isseus / layoffs reecently?
    - Is your employer TARP funded?
    - Do you have your EAD?

    I think you might be able to appeal and file from a new sponsor at the same time because I have heard that a individual can have more than 2 H1Bs at a time. But please confirm with a lawyer. Wish you all the best.





    Hi Everybody

    My H1 extension was denied after an RFE. They have given the reason that documents submitted by my company do not confirm that my occupation is a specialty occupation and that they had enough work for me for the next 3 years. They have given me 30 days to file an appeal

    My company said there are 2 options

    1) file an appeal. they are pretty confident that the appeal will be in my favor

    2) have another company file a new h1.

    what do you guys suggest? Can i do both simultaneously?

    Help will be greatly appreciated. I have never had visa issues till now.

    thanks in advance



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  • sweet_jungle
    11-04 04:30 PM
    Hi Khris,
    Do you also have 2 PDs in same EB2 category?

    I have submitted ombudsman case sheet by mail.

    My lawyer also sent request through AILA liason. She asked me to wait 6 weeks before enquiring again.

    NSC responded to my lawyer's request. They do have the correct older PD in their system and will be adjudicating my case according to that.
    Ombudsman response was an error.





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  • GCard_Dream
    12-01 11:13 AM
    I guess the main part of the question and my concern is not only EAD but actually the ability to change career/employer as you feel necessary without having to re-start the whole GC process, which you have to do now if you have a 140 approved and wish to change company. You now will probably argue that the first 2 steps are employer driven and an employers don't have to let you use employer sponsored 140 if you change company which may make sense from a employer point of view but for employees it's back to square one. It's like the USCIS and employers ganging up against you to make sure that you can't change employer without having to start everything all over again. Is that really fair? Well.. who said life is fair. :)


    The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.



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  • jkays94
    03-31 02:13 AM
    He says in the talk, the job market in India is booming right now and it offers promotion opportunitieis etc ...

    In some places, depending on your experience and capabilities, you might as well get comparable salary to US. Given that cost of living is low in India, you might end up with same disposable income after taxes and expenses.

    Good to hear that Americans are getting an idea what it would be to live in a shell in a global economy. Germany, UK opened up their borders and more EU countries might follow suit like Netherlands, Belgium, lastly France.

    Not forgetting Canada in the mix, Canadian permanent residency is attainable in between 9 months to 24 months if one applies while residing in the US as a skilled worker and has work experience.

    And this just yesterday :

    ABOARD TP-01, NORTHERN MEXICO — Mexican President Vicente Fox has proposed that Canada open its doors to growing numbers of unskilled Mexican "guest workers" to deal with a looming labour shortage brought on by an aging Canadian population.

    http://www.theglobeandmail.com/servlet/story/RTGAM.20060328.wxfoxx28/BNStory/National/home

    ***
    At the end of the day the US stands to be the looser. It appears that congress has forgotten about the impending retirement of over 75 million baby boomers. I am aware of many friends stuck in the BEC's or endless H1B extensions who are applying for Canadian permanent residency which they attain in as little as 9 months (if the interview is waived and depending on the skill). It will be no wonder if Canada soon becomes a destination for many skilled workers from the US who abandon their quest to become GC holders in the face of excruciating backlogs and needless hoops and hurdles.

    ***
    Monday, October 31, 2005 Page A1 GLOBE AND MAIL

    Immigration Minister Joe Volpe, who will table his annual report to Parliament today, says Canada hopes to be taking in as many as 300,000 immigrants a year within five years, and will start by raising its target for next year to between 225,000 and 255,000. Canada is on track to accept 245,000 this year, the very high end of last year's target.

    "We have to start thinking about the Immigration Department as a recruiting vehicle for Canada's demographic and labour market needs . . . we are the lungs of the country," said Mr. Volpe in an interview with The Globe and Mail. "We are producing more jobs than the labour market has workers for. . . . We're desperate for immigration."





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  • bharad
    06-22 03:05 PM
    Its better to change your employer.

    Even my attorney has screwed me big time in 2004. We had a discussion for over two days with my HR and the attorney and the decision was to file the labor in EB2 category otherwise I was not willing to start my GC process with the company. Then the backlog stuff happened and after 3 years I came to know that it is EB3 labor, by that time the attorney stopped representing my company and even the HR left the job.

    Now my company doesn't want to start an EB2 process as they don't want to put extra money. So look for a better/similar job and make the move. As the market is improving this is the right time to take some decision.

    Cheers!!!



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  • chanduv23
    01-09 05:20 PM
    Try asking an Attorney and see if your wife can invalidate her h4 status by traveling and re-entering through AP at POE?

    A quick trip to Canada can solve this problem?

    This is not an advice, as I am not sure if this would work, but talk to a lawyer or as some suggested try another DMV.





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  • ajay
    08-16 08:41 PM
    What are the supporting docs along with AP? I will be travelling by Emirates via Dubai in Novemeber.

    TIA
    The AP should be accompanied by employer's letter that proves your support,i .e.It is a simple letter which states that the employer supports your I485.

    Please also carry few recent paystubs and copies of all h1,if they are not stamped in the passport. This was asked at POE in IAD(Washington Dulles International Airport).





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  • Enebreus
    01-19 09:09 PM
    Damnit,
    I thought I was detecting that error...

    Saxx, try making sure you don't have other Flash windows up. I'm using the Sound Spectrum analyzer and it doesn't like to share with other flash apps. Close any YouTube windows you have up and try again please.





    Saralayar
    07-08 07:09 PM
    Depends on what you are looking for and what your priorities are:

    1) Ask what work you will get? Ask to speak with the team members of the team you will work with and get your role clarified.

    2) compensation. How much $$$$ they are paying more wrt current position or wrt other offers you may have in recent future.

    3) As someone said correctly, get to know the work culture and the team make sure you don't end up being chained to work.

    The advantage is that you can rise quickly (not much competition) & stable job.

    So see whats important for you.
    Guys, this forum is not the place to discuss about individual companies. If you have any questions related to immigration to US, you can start a thread for it.
    Administrator, please delete this thread.





    loudoggs
    12-03 11:19 AM
    Lazycis,

    Did you inform USCIS after you invoked AC21? Thanks!

    Do not worry about it. As long as you keep your job, you are fine. I've been thru the same situation, did not do anything special and got my GC.



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