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  • BharatPremi
    03-12 02:06 PM
    BharatPremi,

    So you gave up H1B and moved onto EAD? Is it because the new employer is not interested in H1B transfer or some other reason?

    Also, my I140 was approved in 2006 and I1485 filed in July last year (both with a large, well-known company). If I change employers now and work using EAD, are there any major issues that can arise? Like furnishing of audit reports, etc?

    I tried to keep H1 but finally I had to gave it up as "For critical positions we hire EAD/GC holders- US Citizens only and thus we can not allow H1 transfer for this position".

    I do not see any problem in your case based on the information what you gave here. Large companies - So must be having 3 years Audit reports - perhaps available publicly (In my case that is the case -- so virtually no risk).If you get new job offer letter with "Same job description" as one under which your gC filed - no problem - No gap in pay stubs .. Then go ahead and we will welcome you to EAD club.





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  • coldcloud
    06-10 09:14 PM
    what the heck r u talking. i just renewed my EAD myself, no employment letter, no pay slip, no crap. Don't blabber if you dont know the details.

    Is this forum for letting every body know off what is coming and wake us to act are show off that I have an EAD and I escape from this situation and you are the ones caught in this? Are you not ashamed of your self? Did you read Pappu's initial posting fully?





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  • velan
    04-22 08:11 AM
    Thanks for attending and updating us.


    Overall, the turnout was good. And the audience was very involved. The thing that impressed me the most was the resolve I saw in the Congressman.

    The Congressman's speech also covered both family and employment based immigration issues and this, in my opinion, justifies the association of the term "Comprehensive" with the STRIVE bill. This bill, being comprehensive in nature, deserves broad-based support. I am sure we all can do our part to ensure that this happens.





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  • abhijitp
    07-25 05:14 PM
    This is not new but only Lawyers and the employers who filed your GC knows what position and job duties on which they applied your GC.
    Position and job duties on which they applied your GC = whatever they said in your PERM/ labor cert application. If they make a change to that during the I-140 or I-485 stage, that itself will lead to RFE, if not to rejection! Some of us may not have the copy of the labor cert/PERM approval, but if so, one should try to look for the form that you (hopefully) reviewed during the first stage. For PERM this is ETA form 9089.



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  • bazuka6
    11-21 11:02 PM
    That's probably the path most people with (EB3 2003 onwards/EB2 2004 onwards) will take from now on. The only hurdle is there is no clarity about the law regarding H1B extensions granted on an approved I-140. Most people have run out of H1B and will have to change jobs on the extensions. I hope USCIS issues a clear guidance on this issue. Also you might not have to let go of the priority date if your company is kind enough.

    There is clear guidance in that H1-B petitioner seeking extension does not have to be the same employer that had filed (and approved) the I-140. Once you have an approved 140, anyone can extend your H1 for 3 years





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  • akred
    01-28 11:23 AM
    If the country cap was supposed to increase diversity, lets have a country cap based on the person's race. Or lets have a single country cap for the EU. The fact that political integration in Europe has lagged behind China and India is being used by the restrictionists to limit immigration from the 3rd world.

    Anyway, point is the immigration system overall is broken. IV should seriously consider making common cause with the lobby for undocumented immigrants. The way I see it, my H4 wife is an illegal immigrant now since she volunteered at some place in exchange for reduced fees.



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  • belmontboy
    05-23 02:28 PM
    By computer operator i mean people who try to speak english but sound as if they are speaking telugu.

    what the f**k ?
    Who taught you this definition idiot?





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  • optimystic
    10-16 12:47 AM
    Thanks to IV Core and Nixstor in particular for following up on the FOIA subject that has been brought up in several threads over the past couple of weeks (including one by me as well !) and take this up as an action item and providing guidance for the IV members on how to do the same.

    I did not realize it was this simple! Will surely send the letter by this weekend.

    Btw, How will we receive the receipt numer?? Are we supposed to attach a return (prepaid stamped) envelope or something?? Or we will just get a letter from the National Center after they receive our request?



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  • ronhira
    04-09 05:02 PM
    You are right that it wont make any dent not becasue of the numbers of indians, chinease or mexicans but because we failed to identify the problem at a basic level.

    if we have a clear answer and hold on following questions i think then only we can make USCIS/DOS to behave.

    1) Is USCIS or DOS accountable for anything? if they do anything wrong can we do anything?

    2) If USCIS post incorrect and bogus numbers of demand do we have a right or anything to challenge them?

    3) If USCIS says that they are doing quarterly spillover and don't do that can we do anything legally?

    there we go again..... becoz visa bulletin dates did no move.... all of a sudden it means uscis/dos is not doing their job?..... get a grip of u'r self.....

    my date if 7th feb-05 & its just days away for over an year.... but i know that blaming uscis/dos won't do a shit for anyone..... becoz that's not where the problem is..... now don't throw bullshit at me.... saying uscis is not efficient blah blah blah..... if uscis is allocating 140K gc per year, that's good enough...... becoz its a wrong goal to setup 100% efficiency with uscis..... we all don't work with our employer 100% becoz we spend time scanning the web..... y do we expect uscis to work 100%....... for me uscis is doing their job if they allocate 140k gc per year...... period..... now stop this non-sense of blaming uscis/dos becoz that sets a wrong target..... the blame/fault for vb and backlog lies with the congress..... the least we can do is identify the source of the problem...... we do people here keep beating down on uscis & dos...... y r we do dumb.....

    and all these questions is totally a waste of time...... in the end lets say u get 100% efficiency, what will it get u..... 7 more green cards for a backlog of 1 million..... how stupid is it to get totally blinded by this misguided meaningless talk for 7 visas for a million headless chickens.....

    lets continue talking about uscis/dos..... who is next...:mad:





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  • BlueSunD
    03-10 12:42 AM
    nice image thirdworldman! :thumb:



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  • ArunAntonio
    04-23 05:54 PM
    [/QUOTE] Its not like you are going to threaten to vote against them. YOU HAVE NO VOTING power for next 15 years.[/QUOTE]

    Logic Life -- YOU ROCK MAN !!





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  • abd
    09-23 09:47 AM
    Just when i was wondering that we will have to wait till OCt 1 when new visa are avialable... I saw your message... If i was you i will wait too for next 5/6 days you have till oct to respond.


    Does that mean there is still hope that we may see some activity on the cases who have responsed to RFEs or we have to wait till OCt 1 Chewing our nails?



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  • Guest007
    07-25 12:54 PM
    There is no law which ties AP and EAD to 485. So cant they allow filling of these two independent of 485, may be upon approval of 140?





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  • chanduv23
    02-17 10:18 AM
    for the update, StarRun.

    We should have done it early (by 2 weeks before and continue the same for every 2weeks) so that people who need to get air ticket & Accommodation can get it @ better pricing. Also we will start getting contribution from silent member which can help to understand the level of participation bit early so that we plan for the event perfectly (or close to perfection).

    I agree. Flight tickets are discounted till the last 3 weeks, but if someone wnts to book at a later stage, they become expensive.

    On another note, I think we must urge locals, and those in driving distance to really make it. People must take this very seriously.

    Most EB3 have no clue whatsoever when the backlog clears. Everyone wants to just wait and discuss visa bulletins, but will not do anything. This includes EB3 ROW also.

    People must step up and do some PR work.



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  • desi3933
    01-30 02:08 PM
    What I am not understanding is - why are they even looking at my case now? There are 4 years of applicants ahead of me, why cant the USCIS process those applications first?

    I have a sickening feeling that this is going to become more and more common in this economic situation. There must a push from above to reduce the backlogs and if they cannot approve the cases they are going to find a way to deny them on some pretext or other.


    Crazyghoda -

    The popular myth is that application is processed only when PD is current. However, it is just that - a myth. While I-485 application can be approved only when PD is current, but it can be processed, RFE can be issued, and law even allows I-485 application to be denied irrespective of PD.

    RFE for employer history is very common for pending I-485 applications. USCIS may ask for employment history with dates and salary details. Since 245(k) allow status check since last lawful admission, only details that matters is, since last admission. Please note that entry into US on AP does NOT count as lawful admission. It has to be non-immigrant visa.

    245(k) allows a waiver of 180 cumulative days for out-of-status since last lawful admssion (i.e. on H1/H4/L1/L2/F1 etc).

    Please have all AC-21 related documents for latest job (or job offer).

    Good Luck.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • DallasBlue
    09-11 10:29 PM
    The Govenors are on our side! There's thousands of us with may reasons why to attend, but here's a very important one:

    This is for YOU! Only for YOU! YOU deserve this! That's why we want to see YOU in Washington! Help yourself!!! YOU have earned the right!!!!

    Thank you Governor(s)!!

    Congressmen/Senators please do what the nation's leaders are are asking you for a long time.

    Jaime, Guess we may have to organize a walk to Crawford ? what do you think ?



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  • karanp25
    07-14 06:49 PM
    7/13 LUD is inconclusive. There's a separate thread on IV discussing this where EB-2 folks have seen a 07/13 LUD w/o AC-21. Do you remember seeing a change in your I-140 LUD after approval in 2006 and before last week when they generated your RFE?

    if there was a LUD, this is a high possibility that your previous employer revoked I-140.

    This RFE can not be generated out of the blues. Using H-1B Xfr instead of EAD has absolutely nothing to do with validity of your AC-21. At least i am not aware of any correlation between the two.


    I dont remember that. I saw my online profile with USCIS just now. There is a LUD for yesterday 07/13/2008 on my 140 approved in 2006.





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  • natrajs
    04-24 10:01 AM
    Congrats Googler!

    I just checked my status and saw my I-485 CASE APPROVED status.My Good luck and Best wishes to all the people on this forum on their GC.

    EB2, NSC PD 10/02
    I-485 RD - 02/2007
    Approval Notice - April 23'08

    Congrats and Best Wishes





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  • a_yaja
    04-04 09:10 AM
    I hope not. If they ban bodyshops the cap will never run out.
    And people in Real companies will be able to get the visas.
    There are many business models and you need to be aware of how each model works. There are a lot of companies, banks, insurance companies, even small and medium manufacturing companies that hire contractors for developing IT applications. They remain contractors for a reason - once the application has been developed - the contractors turn over the application to the company for maintenance and enhancements. A small percentage of contractors stay on and become permanant employees - but others move on. It would not be cost efficient for those companies to hire all developers as FTEs - the cost associated with benifits, taxes, 401K, etc are much more costly than having a contractor. Ofcourse, they can lay-off the employees after the project is completed - but what would that do to their reputation? Any company that follows a "hire-and-fire" policy cannot survive long.

    Let me give you a simple real life analogy. Let us say that you have a decent family sized car that you and your family use on a daily basis. Then let us say you want to go on a vacation with your friends family. What would you do in this case? Would you go out and buy a mini-van? Or would you rent one?





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    vandanaverdia
    09-10 03:34 PM
    You have the fear of rejection EVERY TIME when you go for visa stamping, even though you have been doing so for the past so many year!!!



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