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  • sriramkalyan
    03-09 03:52 PM
    That when he applies for 485 based on eb2 he has to request for eb3 priority





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  • singhsa3
    08-19 10:59 AM
    Agreed and those kind of things should be shunned. There should strict self regulation regarding solicitations
    I can see +ve in your thread, but some of us take advantages, for example amway is the best, and there are more.





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  • pandu_hawaldar
    10-05 01:14 PM
    My wife's case does not have any LUD (soft/hard) since 09/24, while mine has latest LUD 09/30. That's why I am worried, that there is no update on that case.





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  • kirupa
    01-02 06:38 PM
    glos - that is fine :) Feel free to submit it then!



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  • NolaIndian32
    04-28 02:20 PM
    If your I-94 is only issued until your H1B is valid or until AP is valid, you don't have to worry about extending your I-94 once that H1b or AP expire. When you renew your H1b or AP, it acts as your I-94. Matter of fact, the bottom portion of your H1b approval notice is also the new I-94.

    I have travelled numerous times between the US and India since 1994 and not once did I ever worry about the validity of the I-94 because I was always "in-status".





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  • ram_ram
    09-11 02:59 PM
    The PDF says

    FOR MORE INFORMATION CONTACT USCIS OCOMM 202.272.1200

    So may be we can call and ask them if the 140 times are less than 3 months, Did we miss our approvals in mail? :)


    http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf

    According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.



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  • help43
    09-10 09:02 PM
    I Have H1-B Approval but I dont have I94 with it.

    Actually my H1-B valid from October 1st.

    I went to my friends consultancy, those people said like you can work for any employer in OPT Status. So they want to run my paystubs up to september 1st 2008.Once I got the H1-B they want to run my paystubs from another company(througth Which i applied My h1-b).

    Now I got the h1-b approval but i didnt get the new i-94 with it. And my previous employer ready to run paystubs with new h1-b company.

    My OPT expiration date is on dec 29 2008.I am planning to go to consulate in the month of November 2008.

    Please help me out what do i need to

    1) Which Country i need to go?(Canada, INDIA or Mexico)

    2) What documents i need to take?





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  • sri1309
    09-17 07:31 AM
    Infopass would not hurt.....so just take Infopass to ease ur mind. Explain to the IO ur exact situation & ask them to confirm if ur 485 is ok. u will have the answer from the horse's mouth/

    I would infopass and make sure everything is right. Its good to make sure everytihing is set right, to have peace of mind later, even if it takes to pay some money to an very good attorney (just in case your guys isnt very good)
    Sri.



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  • liorsal
    01-13 05:36 PM
    does anyone know if uscis need a law to pass in the congress to change the law on the i-485, or thy can decide to change it?





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  • glus
    02-24 12:20 PM
    I filed my labor three years ago with a requirement of BS + a minimum of a one year experience (I had 4 years of US experience and 6 ys experience abroad at that time -feb 2005-).
    Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
    My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.

    The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.

    Did anyone hear anything similar?

    Thanks and have a great weekend!


    OK, this could be a problem at the time of I485 approval. You can change a job to same or similar. If you salary is double, an IO can think that this can't possibly be "same or similar" job. Also, if the experience required for the new position is so much different, that could also raise doubts. I would suggest getting a 2nd lawyer's opinion. I remember reading memo stating that if there is a "marginal change" in salary or requirements, a job cannot be classified as similar or same, which is required to invoke Ac21.



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  • sankar_203
    04-01 04:54 PM
    Hello folks,

    i need some expert opinion here. These are my primary details.

    COMPANY A:
    1. Perm Labor - Nov 2006. (EB2)
    2. I-140 approved - Nov 2007
    3. I-485 filed - July 2007.
    4 EAD - oct 2007
    5 FP - Nov 2007
    6 AP - Oct 2007
    H1-B extension denied in dec 2007 due to variety of company A issues.
    Invoked AC21 yesterday with company B.

    COMPANY B: Bought substitution labor of Feb 2004 EB3.

    I-140 filed : NSC : paper based filing no documents has been sent waiting for RFE on July 13 2007.

    But my labor substitute on 140 has been used for somebody else by mistake and now company B says they have few other labors to substitute and they say we'll respond to the query saying that the original one has been used and please consider the second one. Attorney has made this mistake since many labors were filed at that time and the labor that they have used for me has been approved . Do you guys whatever the attorney is suggesting is going to work? Please let me know i haven't got an RFE yet..





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  • webm
    06-12 01:36 PM
    Can someone confirm that if you file I-485 with old fee system and pay for the new fee when you renew EAD and AP, do you still need to pay again on your 2nd time renewal ?

    I paid 765 (EAD) - $ 340 and I 131 Advance Parole - $ 305

    ---------------------
    485 filer- June '2007



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  • lostinbeta
    10-15 10:18 PM
    I watch it =)

    Haha, just kidding, my niece watches it :) :P





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  • madhavig
    04-04 05:37 PM
    You and your spouse should go to the nearest IRS office with the new SSN and old ITIN letters. They can immediately make the updates in the system and you will receive the letter from IRS about invalidating the ITIN and replacing it with SSN.
    Even if you do not have ITIN letter, you can still tell them but do take the SSN card and photo identity for any verification.



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  • sonia_sd
    02-11 09:11 PM
    Please forward this to everyone who are in the queue





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  • Adam
    08-27 04:50 PM
    Don't feel too left out, I have no idea either :lol:

    those Calvin and Hobbes are great!



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  • GetGC08
    07-31 09:10 AM
    The way education system is set here they always want to see 12+4+2 pattern. Now when you say 12+3+3 which adds to same it is true but you will have to get some proffessional degree evaluation service to break down your BS and MS degree by course and credit hours and prove that it is equivalent to US degree's. Also I am not sure what university / institute did you get your degrees from. In case they are well reputed then it will make the task a little easy.

    Once again thanks for your reply.

    Yes University is very reputed from which I did my Masters & Bachelors.

    Thanks.





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  • looivy
    02-22 02:37 PM
    Hi,

    Recently, I applied for H1 extension (change of employer) at Mumbai COnsulate. The Visa officer said all my documents are good but still issued me a yellow form that says that administrative process is required for my case. She gave me back my passport and the yellow form. The application is pending.

    I have a valid EAD and AP. Is it possible for me to abandon the H1 process and enter US on EAD and AP.

    I am looking for legal expertise here.

    Thanks.





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  • cin45220
    12-07 11:51 AM
    I do not understand why Indian news papers tout salaries offered to IIT/IIM graduates in foreign companies in overseas locations. It�s a net loss for the country�

    First of all, salaries are not exceptional when compared to overseas salaries (for a similar position in a similar company) and secondly, most of these graduates are taking their skills, earned through subsidized education provided by the generous Indian government in IITs/IIMs, to a foreign country.

    -CinBoy





    Suva
    07-20 01:51 PM
    I agree too.

    Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.

    This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:

    1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );

    2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);

    3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );

    4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );

    5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;

    6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;

    7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;

    Please draw your own conclusion(s).



    By the way,

    *. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!





    sreeanne
    11-21 03:36 PM
    You can contact USCIS and you wont be out of status based on the fact that you dont have I-94 with you. Your information will be in their systems showing that your stay is legal. I think they will issue duplicate I-94 for you.

    Above all is my guess but contact USCIS or your lawyer, thats the best way.




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