Thursday, June 16, 2011

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  • martinvisalaw
    01-06 05:42 PM
    Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.

    I agree that unless the person really is outstanding, with lots of publications, conference presentations, reference letters, journal articles, etc, it is very difficult to get an EB-1 approved as an outstanding researcher or extraordinary ability. I just filed one, for example, and the package weighed almost 5 lbs, and included 54 exhibits. Yes, it was approved!




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  • english_august
    08-24 10:22 AM
    Call in waltz. 1-800-486-8655.




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  • wellwishergc
    04-10 07:01 PM
    I think since your labor is cleared, you should be fine with going ahead with the H1 extension for 1 year. As I said, if you had your I-140 cleared, then you could have applied for a 3 year extension. The 365 day rule applies in case your labor is in the pending state. Let us assume that your labor is NOT approved. In such a case your labor should be pending more than 365 days prior to the expiry date of your current H1B. If not, you are not eligible for extension and you have to leave the country. Your case is different.

    Please consult an attorney such as Murthy or Rajeev Khanna to get a confirmed approach.. They may charge you 100$ for a half an hour to 1 hour consultation, but it will be worth it. Better be right at the outset than be sorry later.

    Thanks wellwishergc,
    I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?

    Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.

    -Madhuri




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  • NolaIndian32
    09-22 10:30 AM
    I completely empathize with you - see my case details in signature :-(


    When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".



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  • uumapathi
    09-30 10:48 AM
    r u from NBKRIST?

    What is NBKRIST?




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  • Ramba
    07-27 03:31 PM
    In very rare ocassions people get to know that their 485 is preadjudicated.

    Check out this case
    http://immigrationvoice.org/forum/344724-post54.html

    Now, once preadjudicated does not mean that your case may not be reviewed again (My thoughts)

    The good indication of anyone 485 is pre-adjudicated, if LUD changes continously for 3 or 4 days on their online account with uscis. To notice thist, one has to moniter every day. If they receive RFE, it is the good indication of the application will be pre-adjudicated based on the aswer to the RFE. If they recive answer to RFE, the LUD will normalyy change with in 10 days continously. Pre-adjudicatred does not mean that it is 100% pre-approved. They may ask a question at the time of approval, if the 485 is pending for pro-lonnged time after it is pre-adjudicated.



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  • va_dude
    03-09 03:01 PM
    kminkeller....

    I'm not sure of whether or not a company can file for your labor while you are on your EAD. Now i'm curious.

    Please do post an update about this question and others in this thread once your attorney consult is done. Myself and other IVians would certainly appreciate it.

    Thanks.




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  • saketkapur
    09-16 05:25 PM
    done

    CNN=Corrupt Naitivist Network



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  • looivy
    11-19 02:06 PM
    I have H1B visa stamp on passport with my old employer and I have AP, EAD and H1 approval with my new employer. I am planning to travel to India in December. If I use AP on my way back, does that annul my H1 approval with new employer. Pl advise.




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  • atlfp
    04-17 09:50 AM
    I think you are confusing it with administrative laws. Legislator makes laws, but they also give power to different government agencies to make laws within their administrative authority. Laws made by legislator go into effect as soon as the president signs it; Laws made by administrative agencies need to go into the whole federal register and other procedures.

    I just cannot recollect where I had read that the law has to be published somewhere and there is 90 days delay (when someone can comment if necessary) and only then it becomes a law. I could be absolutely wrong though

    Also, Sessions was able to get an amendment passed last time since SJC was in a tearing hurry. That might not be the case this time and they might want to implement this bill soon to 'stem the flow across the borders'. Personally I cannot wait for some new bill to take effect.

    I really wish that you are right about the first point and I am right about the second ;-)



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  • brb2
    11-08 06:31 PM
    remember the bulk of the pending AOS are from retrogressed countries. So even those from ROW who have not yet filed (and may do so next few years) need to be added to the "pending AOS" in order to obtain the 'real' que size of pending AOS applications.




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  • GC08
    02-04 05:02 PM
    I don't think Americans are that short sighted or narrow minded to want to steal your social security money. I know, i read a lot of press releases on how their social security is in a mess. They will fix it. I have no doubt about it.
    Who thought India would be in such a limelight and then go on to be economic power before year 2000?
    In a short span of 6-7 years the whole world changed. Coming to social security, by the time you will be in need of Social security, it will be decades and that is lot of time for a change. Who knows, we may be even taking a flight to Mars or worse 'nuked'.

    Just be positive and drink a high gravity beer.


    How do you know that they are not? Look at all the deficits, the American government is going to bankcrupcy if nothing is done. I recently read some article talking about American professors/researchers went to other places, like Austalia, for jobs because their research funding was cut.

    Americans are very "near-sighted", to some extent. For issues like legal immigrants, they do not need to be far-sighted and worst, to think about you cause you are just one of the persons in the labor pool for American companies to use. Sometime ago, I heard on NPR talking about those Mexican migrant workers. Basically, Americans brought them to America during the time of labor shortage and kicked them out like trash during tough times.

    That's always the case.. You are here for Americans to use ... wether you are farmers or professionals. My supervisors once even said that new comers had always been at the bottom of America.

    Being positive is one thing, being realistic is another. :cool:



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  • GCcomesoon
    08-01 12:31 PM
    Hi

    I have read the thread for FP & biometrics.In my case 485 was approved in April this year & later in May I got the biometrics done. Due to which my physical card delivery got delayed. Till date I haven't received it but the passport is stamped for travel & employment purposes.
    I had recent LUD of card mailed yesterday , so hopefully in next few days I should get it. My point is if you haven't received your FP/Bio then call USCIS , talk to IO, take info pass & get it scheduled & see to it that the data is correctly uploaded to your case by calling up again.

    This would reduce all the possible delay.

    Thanks
    GCcomesoon




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  • santb1975
    02-13 04:57 PM
    We have to do this

    Lets do it for us!



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  • apahilaj
    07-19 07:41 AM
    Hi Dazed, thanks for your response. I checked the filing instructions on 485 form and it does not mention I 134 form any where. I did not file this form since my lawyer never asked me to do so.

    Do you or anyone in this forum know, what happens to the application in that case, RFE, etc?

    Thanks again.




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  • HV000
    02-17 09:59 PM
    Its probably wise to lobby both Sen. Dick Durbin and Sen. John Cornyn together.



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  • srikanthmavurapu
    08-16 02:35 PM
    Hi Hebron,
    I will get my money if i complain to DOL. But, do i have to stop working at the same client now. Will there be any problem if i continue working with the same client.
    Thanks,
    Srikanth




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  • pmat
    04-10 04:32 PM
    I don't get what caused the sudden spike in the Master's quota. Earlier it used to be open for at least 15 days... Can it be because of increase in number of international students or people loosing in previous year lotteries going for Masters??? I seriously believe that H1B visa program needs reform - a valid job offer (read project for consultancies) must be necessary for applying AND a joining date within 2 months of starting FY. This is true madness going on.




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  • gc_wannabe
    06-17 08:40 AM
    Years and years of waiting? no kidding. Look at my priority date. And there are people waiting before me. You used a pre-approved labor and have been waiting in the GC queue from what 2006? Dude, in today's world, a reasonable wait for eb3-is anywhere between 10-15 years and eb2 is atleast 5-6 years. I am not mad that you used a pre-approved labor, though in my personal opinion, its a taboo. I am just saying you are lucky enough that you may get your green card much quickly than people like us who have been waiting atleast 8-10 years and trust me, people like your case, usually should be happy.

    I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.

    So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.

    Thanks.




    Madhuri
    04-09 11:30 AM
    Thanks wellwishergc,
    I need to clarify one thing though, my I-140 (which will be applied soon) is not pending for more than 365 days. Am I still eligible to file for 7th year?

    Other thing is I also have a LC pending in PBEC (AD March 2005), but I am not with that employer and do not have any document/case number for that LC. Chances of getting these the that employer are bleak.

    -Madhuri




    raj2227
    10-17 03:18 PM
    I changed my adress after filing I-485 and I-765, thru online using AR11 form
    Its prety easy and we got our new EAD cards to new adress.

    I-485 - July 2nd
    I-765 - July 2nd

    Receipt notice Aug 29

    Change the adress online on Aug 30.

    Recvd conformation notice from USCIS on sep 6th. saying adress changed sucessfully. To the new adress.

    Recvd EAD cards to new adress on SEP 10th.

    so its very easy. nothing to worry .



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