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  • eb3_nepa
    01-25 04:57 PM
    I would not read anything that Times of India says too seriously. TOI has a history of changing the context or blowing up minor issues. This explains why, even though the recession (post 2000) lasted for a good 3 years, people back in India thought the US economy was booming!




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  • it is ok
    05-18 05:27 PM
    Unfortunately lot of fresh PhDs who apply as EB-1 even after getting a faculty position are usually denied on grounds of lacking enough professional experience. It is not easy to be qualified as a n EB-1 even if you have a PhD. So, most of the PhD's I know are in the EB-2 queue.

    But with this provision, those PHDs will get their own quota, they would not have to contend with EB2 or EB1, right?




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  • Roger Binny
    07-25 04:42 PM
    No idea what to say, yes they have all rights but doesn't this never ends?

    Or Are these cases rare ?

    Some one entered into US legally in 2001, slogged(ing) 8 or more years for GC...so 2009..then 5 more years for citizen ship so 2014....with this news it looks like they need to keep up the paper work and employer contacts for 12 years, as well the family need to realize that their stay in US is temporary ???

    Oh my god too much of reality.




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  • dc4opera
    05-18 11:27 PM
    I need some advice from the people on this board.

    My labor certification was recently approved via PERM. My employer will soon be signing the paperwork to file the I-140 with INS. My contract with him expires in February 2007, and he wants me to continue working for him beyond that. I, however, have expressed my desire NOT to stay with him any longer than I need to. Obviously, I will need to stay until 6 months have passed from the filing of my I-485 for portability to kick in.

    Because of this, he wants me to WAIT until January 2007 to file my I-485. This way he is assured that I will be working for him until June 2007. My question is, does he have any right to coerce me to wait until January 2007 to file the I-485?

    I initially agreed to this delay in filing because I was under the impression that BOTH the I-140 and I-485 were to be filed by the employer, and that I-485 processing took about 6 months. Now that I have learned that the I-485 is to be filed by me and that I-485 processing can take more than a year, are there any downsides to me filing the I-485 earlier than January 2007 WITHOUT MY EMPLOYER KNOWING?

    I realize that "honesty is the best policy" but the situation is truly untenable for me and I feel that he is purposely delaying the processing of my INS papers to keep me at his mercy. Another factor to consider is that the lawyer we will be using for the I-140 will be the same one who will file my I-485. Can I invoke attorney-client privilege with regards to the I-485 so that they cannot tell my employer that I filed it earlier than he wanted? For that matter, can I use a different lawyer to file the I-485 that the one who filed the I-140?

    Any opinions and suggestions regarding this matter will be greatly appreciated. Thank you very much and good luck to all!



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  • vikramy
    08-17 10:16 AM
    I recently transferred my license week back. I just showed my EAD. He cheked online and gave license based on that. At the end he took 485 photo copy.

    This is at Dublin DMV.

    Hi Guys,

    I am on H1B and my wife is working using her EAD. Like most people on here we applied in the July 2007 rush.

    Now her licence in PA was expiring and we went to renew it and provided ALL necessary documents such as Passport, I-94, current and future EADs. However at the very end after about half an hour of providing documents, the DMV guy said that the system needed "more info" and that he would have to fax everything to Harrisburg who would then contact the INS for the missing info and we would get some "letter" from the DMV.

    Has anyone faced a similar issue in PA before? If so how soon after did they receive this letter? Is there anything I can do to expedite the process such as contacting my local Sentator/Congressman's office? We have a small baby and my wife needs to drive to go to work.

    Thanks.




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  • Ram_C
    11-14 01:21 PM
    My wife's EAD has not yet been approved. It has been 92 days since the receive date. We had an infopass appointment today. I did not apply for EAD.

    The officer we met with mentioned that the EAD is issued only after the biometrics are done. I highly doubt this is the norm. Our FP is scheduled for Nov 21st. he said that the service center will electronically send the photo/fp to nebraska. Only then can I expect to see any movement on the EAD application.

    I have heard that your FP/biometrics does not have anything to with EAD. However, this officer gave us information that is totally contrary to what we have seen in recent times. He mentioned that this is the latest procedure. He suggested that we should schedule another infopass appointment only If we do not get the EAD 3-4 weeks after the biometrics.

    Any inputs from people with similar experience?

    Yes you are true, FP doesn't have anything to do with EAD approval.
    However if you apply EAD online, then you will get FP notice as a part of the process.

    good luck :)



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  • sobers
    07-14 03:10 PM
    alabaman

    lame duck period is after nov 2006 till jan 2007 when the 110th congress is sworn in.




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  • immi2006
    10-09 07:11 PM
    Otherwise it is a time waste...

    I applied on 2nd July and got Receipts on 08/27/2007. Still waiting for the FP notice. There are lot of ppl in the same boat. Take it easy. I called USCIS last week and they opened Service Request for myself and mywife. Call USCIS and ask them to open SR.



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  • TheCanadian
    11-26 12:58 AM
    Yours is sweet by the way.




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  • Libra
    08-10 02:58 PM
    thanks another_one



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  • bskrishna
    03-24 12:58 PM
    Mark,

    Hats offs on your responses in the radio show.......




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  • harrydr
    01-06 08:05 AM
    Please advise if 5.5+ years of experience and an Advanced degree in Electronics would qualify me for porting me from EB2 to EB1. I have been waiting to file for my I-140 over an year now but things aren't looking anywhere near to it.

    So just wanted to understand if this was even legally possible.



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  • roseball
    05-01 12:30 PM
    Usually, the I-485 application is considered abandoned and eventually denied if you dont show up for finger printing...

    However, if your I-140 from the previous employer is approved, you can still use that to port your PD to your current petition...You might need a copy of the old I-140 approval to do so....




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  • saileshdude
    06-25 12:55 PM
    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    As per this memo -

    While I-485 can be approved when PD is current, however, it can be denied anytime (does not matter if PD is current or not). The conditions for job offer must be maintained at all times while I-485 is pending.

    With this, I am not sure, the defense of PD is not current is going to work.

    Here are the questions that I have:

    1) As per recent news, a lot of applications are PRE-ADJUDICATED. Now does this mean that those applications will be adjudicated when their PD becomes current , meaning to be approved based on a current PD , does the application has to go through the process of adjudication. Or does it mean adjudication is defined as "processing complete but is independent of PD being current or not" . What does the adjudication means in the above particular context.

    2) IN this particular question, the answer does not specifically mean PD being current or not. It only mentions that "need to have job offer when AOS is being adjudicated". If you interpret it this way , then yes PD being current or not does not matter. And you will need to show u have job offer. BUT if definition of adjudication also involves approving the I-485 then one can argue that yes unless ur PD is current u cannot be approved and hence u do not need to have job offer if your PD is current.

    I would like to know what various attorneys think about this



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  • ameryki
    02-26 11:19 PM
    I have the file numbers etc since I got finger print notice last year so am set up online to track the applications. But just haven't see the receipt notices come through. Should I be concerned?




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  • josecuervo
    07-15 02:54 PM
    My Priority date is Feb 1st 2006. I got my 140 approved some time in May 2006 and Here I am today..

    Congratulations. !!!

    my pd is close to yours. see my signature. good luck



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  • bluez25
    07-15 02:58 PM
    I will keep you guys posted of my happenings....




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  • new_phd
    05-14 01:28 PM
    Point taken.

    I did look under the visa bulletin section of the forums, I did not see anything on pages 1 and 2 so I posted.

    But, point taken.

    Mocking me so much shows you in bad taste, my friends.
    This is the last thing you will see me posting here.

    And it is a "her".


    subah ho gayi mamu ..... ae yabadaba chal iske liye chai banaa

    translation: ("new_phd is finally up....
    yabadaba please make tea for him")




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  • tikka
    07-13 07:29 PM
    Thanks GCard_Dream

    Great Job! amitjoey...
    added to your reputation..




    p_aluri
    06-11 06:16 PM
    Once the H1-B extension is approved you are good to go(This is a big gray area)!

    Some says once the I-140 is revoked , the subsequent H1-B no longer valid. But there is no guidline to prove the same.

    As per my knowledge once its approved you are good to go until the expiration date.

    I am not a lawyer, I am telling based on information gathered from various posts/forums.


    what happens to the H1 extension if the I-140 is subsequently revoked?




    Prashant
    05-28 06:26 PM
    Hello,
    I have recently taken an appoinment at chennai consulate for nov.. I had been looking into these dates for some time .. The website was showing october dates 2 weeks ago and once in a whle sept dates .. but recently they moved on to nov dates .. I guess oct dates might be full .. but could open up now and then as people withdraw and reschedule appoinments .. as of now i guess nov dates are available for appoinment



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