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  • mlghyd
    08-10 11:15 PM
    Any updates on the EAD and 245 rule





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  • eilsoe
    10-03 01:41 PM
    Yes... someone should start a SPAM thread...

    to let off some agressions that is...


    ahh what the h*ll.. we answered his question in the beginning...





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  • tuhin
    07-17 11:04 PM
    Thanks again folks... I will get in touch with a lawyer and let y'all know what I learn.





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  • wandmaker
    11-15 08:31 AM
    2. If I don't loose my H1B status, I am planning to transfer my H1B in Feb 2010. Will there be any problem in H1B transfer.
    .

    If you read along the same lines....

    Thank you roseball. What is H1 COE?

    COE = Change Of Employer



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  • lost_in_migration
    05-14 09:09 PM
    Done.. Its in the thread EB2-General Poll. I would have liked to keep just one thread but only allows 10 options at the max. Hope ppl don't vote at both places :)

    Can you create one for EB2, please? Thanks!





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  • dealsnet
    07-23 12:50 PM
    If you are out of USA for a longer period, your I-485 will be in trouble. If you didn't come before AP expiration, your AOS will be abandoned. You cannot renew AP away from USA.


    You can not get a new AP while you are out of US. You have to be in the US at the time or applying and while it gets processed. Recently I have seen two cases where the AP was issues within 30 days of applying.



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  • gotgc?
    02-03 10:45 AM
    Hi All,

    I am planning to travel to India via London, UK. I am trying to see if it requires a transit Visa.

    I am on H1B/AOS status but without valid visa stamp and travelling with Advance Parole. I have checked the UK Consulate page UK Border Agency | Who is exempt from having to hold a direct airside transit visa? (http://www.ukba.homeoffice.gov.uk/travellingtotheuk/transitthroughtheuk/transitdocuments/exempt/) it mentions that Indian passport holders needs a transit visa but with following exemptions;

    one of them is a a valid Canadian Permanent Resident Card issued on or after 28th June 2002; Since I hold canadian permanent resident card, is it ok I can travel without UK transit Visa through UK? Based on this page, I thought so, but my travel agent said to double check eventhough I have a canadian permanent resident card, I am travelling to and from USA. Has any one done this before - travelled with canadian PR to/from USA through UK? Whom should I confirm with?

    Passengers exempt from the DATV requirement

    Holders of certain documents are, regardless of nationality, exempt from the requirement to hold a Direct Airside Transit Visa when transiting the UK.

    A transit passenger is not required to hold a transit visa if he holds, or a person with whom he arrives in the United Kingdom holds on his behalf:

    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from another country or territory to the country for which the visa is held;
    a valid visa for entry to Australia, Canada, New Zealand or the United States of America and a valid airline ticket for travel via the United Kingdom as part of a journey from the country for which the visa is held to another country or territory;
    a valid airline ticket for travel via the United Kingdom as part of a journey from Australia, Canada, New Zealand or the United States of America to another country or territory, provided that the transit passenger does not seek to transit the United Kingdom on a date more than six months from the date on which they last entered Australia, Canada, New Zealand or the United States of America with a valid visa for entry to that country;
    a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
    a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
    a valid common format Category D visa for entry to an EEA State;
    a valid common format residence permit issued by an EEA State pursuant to Council Regulation (EC) No. 1030/2002;
    a diplomatic or service passport issued by the People�s Republic of China; or
    a diplomatic or official passport issued by India; or
    a diplomatic or official passport issued by Vietnam.
    Notes:

    A valid U.S. immigrant visa packet (form 155A/155B) is a valid visa for DATV exemption purposes.
    An expired I-551 Permanent Resident Card issued on or after 21 April 1998 when accompanied by an I-797 letter issued by the Bureau of Citizenship authorising its extension, exempts the holder from the DATV requirement.
    Holding either an I-512 Parole letter or an I-797C (Notice of Action) instead of a valid U.S. visa; or a Transportation Letter instead of a valid U.S. Permanent Residence Card issued on or after 21 April 1998; or a U.S Visa Foil endorsed, "NOT A VISA. FOIL PREPARED AT DHS REQUEST" does NOT qualify for exemption from the DAT visa requirement.
    Holding a valid travel document with a U.S. ADIT stamp worded � �Processed for I-551. TEMPORARY EVIDENCE OF LAWFUL ADMISSION FOR PERMANENT RESIDENCE VALID UNTIL�. EMPLOYMENT AUTHORIZED� does NOT qualify for exemption from the DAT visa requirement.
    Whether holders of non-national (including refugee travel documents) require a DATV depends on their nationality and whether they qualify for one of the exemptions listed above. So, for instance, the holder of a non-national travel document (for example, a refugee travel document) who is a national or a citizen of one of the countries listed on the DATV list (for example, Afghanistan) will require a direct airside transit visa if they are travelling to the UK to transit on to a third country.





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  • tnite
    06-18 04:04 PM
    Under Part 3.

    What should one put for
    1. Nonimmigrant Visa number
    2. Date Visa Issued
    3. Consulate Where Visa was Issued.

    I'm currently on a valid H1 extension with a valid I-94. My current visa on passport has expired. Anybody any ideas????

    1.Non immigrant visa number : put the number on the expired H1B stamp (in red color).Do not put the control number
    2.whenever the expired visa was issued
    3.whereever it was issued.

    I assume you renewed your H1b eventhough you'r H1b stamp expired.



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  • When Green?
    07-30 09:05 AM
    Dear Experts and Attorneys:
    Here is my situation:
    My employment was terminated by my Manager (no reasons given on paper, and the reasons he gave me were not valid when I discussed with my previous manager even per the company policy)
    I am in the process of finalizing between a couple of offers (Hopefully would be able to make a decision by sometime next week). My previous manager is trying to get me into his project after I explained my I-485 application status. My PD is Aug-06 (EB-3), I-140 pending.
    My spouse is on H-4. My initial plan before all this drama (Initial withdrawal of July visa bulletin and employment termination), I got all my documents signed and ready to be sent out from my attorney's office.
    After this sequence of events, the attorney refuses to submit my I-485 application (because it could be considered Fraud).
    Now I need your expert advice on the following situations:
    1. Would it be ideal to join the same company in a different department and ask the lawyer to file my I-485? Use the AC21 portability after 180 days of pending application?
    2. I read somewhere that for me to use the AC21 portability, I need to be in the same profile and also same pay range that was approved on my initial labor application. Is it true? I am currently being offered 15K more than what I have been making till now.
    3. I have 3 more years of H-1B left, so what are the chances of getting a new green card process started under EB-2, and port the Aug-06 priority date after the I-140 is approved? How long would you anticipate it would take for me to get to the I-485 stage? Just a ball park from the experience on the forum would be great!
    I have been out of the job for the past 2 weeks. would it be a problem for me while applying for a new labor certification?
    I greatly appreciate your responses.
    Thank you.





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  • skd
    08-15 01:20 PM
    Probably because Lot of people in IV are hurting because of people who jumped the line by using somebody else�s LC and people are getting ahead of some one who are there in line for 6-8 years.\

    I am NOT the one who gave you red. I never give anyone red even if i don't like the post..

    I will just give you my "green"



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  • eagerr2i
    12-07 09:28 AM
    Chang from Cap Exempt to Cap Number H1B requires that you file the change when the visa is available during the FY which in H1B case is April 1st. The years spent on Cap Exempt status like not for profits is counted towards the 6 Yr limit.





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  • gceb3holder
    02-27 06:52 AM
    I have received my GC on January 28th. My company filled the following with USCIS:

    I140 was filled on Nov. 21 2007 and Approved on Jan 24th 2008
    I485 was filled on Nov. 21 2007 and Approved on Jan 20th 2008

    Now... some people say to me to wait 180 days to quit my current job (which is paying me half of what I should be earning as a GC holder), some people say it is okay to leave at anytime....

    So, I don't know what to do, I pretend to become a citzen in 5 years also, and not sure if this will count bad towards that.

    I have some reasons to leave: sallary is low (they will not negociate more), wife is pregnant and I am getting a mortgage.

    Please advice.



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  • pbuckeye
    06-25 02:45 PM
    If you can get the email from the client mentioning that they can't give a letter, then I feel that could be enough reason for MTR (but check with an attorney). Have you explored about filing again in premium with new or more documents (see below)?

    Could you confirm if you already submitted:
    1. MSA/SOW/PO (all or any of these). Does the SOW/PO have your name on it?
    2. Contact info of your supervisor at client site. I think this is very important.

    Was the denial solely based on the client letter?





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  • calgirl
    08-07 09:14 PM
    Infopass should be able to get you NC info. It just depends on the IO officer there.
    I had Infopass appointment at San Jose yesterday and the IO officer was very sweet. She told me my NC status.

    Nebraska is not actively processing India EB2 cases.
    Texas - we have no idea what they are processing on .RD/ND//PD.. God knows.. Its random most probably.

    Ideally, if NC has been pending for more than 6 months they should not from approving 485. Again this is luck. !!

    Hope this helps..

    I had an infopass appointment at San Francisco today to inquire about my name check. I am a July 2007 485 filer. PD March 2006, I140 - May 2006, 485 RD- July 27, 2007 and ND- Aug 27, 2007.

    The agent said that they dont hold cases for name check any more since April 2008 and cannot tell what is the status of the name check. I also inquired about my 485 case and she said pointing to the Notice Date of my 485 not the Receipt DATE, that currently Nebraska is processing Aug 10th cases.

    I wanted to know from you whether there is any other way to get the info about name check and whether the processing is based on Reciept date or notice date?

    Any idea?

    cheers

    Sidharth



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  • 485Mbe4001
    05-17 06:31 PM
    question along the same lines, any idea how much it costs to get LC via perm?





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  • vin13
    04-09 02:48 PM
    The employer has to make sure all their employees are legal. For that they may ask the employee to use EAD. they are not obligated to sponsor H1-B.



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  • Better_Days
    12-01 12:55 PM
    Guys,

    I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.

    Guys please share your experience with me since its important for me to get I-140 approve for future growth.

    Thanks

    To answer your original question, my I-140 under EB3 was denied on the basis that my 3-year Bachelor in Computer Science was not equivalent to a 4-year BCS degree. I appealed to the AAO and attached an evaluation from Sheila Danzig.

    While the AAO was pending, I started the process from scratch by filing a new PERM and my second I-140 was approved. So I guess it is possible to file a new I-140 while the original one is under appeal.





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  • transpass
    07-16 10:19 AM
    I checked with the lawyer's office regarding levels I, II, II and IV on labor certification...The thing that determines EB2 and EB3 is what is written on the approved I-140.

    For example, if it says 'Mem of Profession w/Adv Deg, or Exceptional ability Sec 203 (b) (2)' it is EB2. So it's what's checked in when u file your 140, and what it is approved for.

    As far as levels I, II, III and IV are concerned, it does not matter regarding adjudication. The thing that only matters is either EB2 or EB3 (which is based on 140 approval as mentioned above) for Indians and Chinese in this case...





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  • joydiptac
    03-17 02:31 PM
    I had a friend who was in the same situation as you. Being a nice guy, he waited till they got GC. Then divorced.
    Poor fellow then remarried to a Desi girl after being pressurized by parents on a trip to India.
    He soon realized that he had no hope of being able to get her here anytime soon. He tried to get her on a H1. That did not work out I don't know the exact detail how that got rejected(she is also an engineer). He then got really creative he brought her to Canada then worked the week in US and spent the weekend in Canada. After doing this for some time the Canadian Authorities figured it out and cancelled his Canadian work visa. Long story short, now he stays 6 months in US the other 6 in India with his wife. He has applied for GC for her. Unless President Obama does something he will keep living half life for a long time.

    So the point is, if you are decided then waiting might increase your pain in the long run... On the other hand if you are not so sure, then give yourself some time and see if the issues that you may be having sort out. It is sometimes worth going to a marriage counsellor when you weigh in the loss that you both are about to incur, not to mention the mental trauma. All the best buddy.

    B'Informed... B'Entertained...B'Khush
    www.bkhush.com





    logiclife
    04-06 01:28 AM
    As of 10:25 PM PST wednesday, here is where the Senate stands:

    1. Bill Frist has proposed a 3-tier solution for 11 million undocumented immigrants.

    Tier 1:
    Illegals who have been here 5+ years can apply for guestworker program and GC(later) without returning home. Plus the usual - fines, back-taxes, english learning, apologizing to Uncle Sam (ok, I made the last one up ;))

    Tier 2:
    Illegals who have been here between 2-5 years have to go to port-of-entry to get guest-worker visa and then re-enter and eventually apply for GC.

    Tier 3:
    Illegals who have been here for less than 2 years have to go back to home country and apply for guest-worker visa (Back to the end of the line). In other words, deportation.

    Bill Frist worked this compromise arrangement for the undocumented. Main players behind the scenes are supposed to be Chuck Hagel, Mel Martinez, John McCain and Lindsey Graham on this 3-tier approach of compromise bill.

    2. Parliamentary Procedures:

    Frist:

    Bill Frist went to the Senate floor Wednesday night (around 9:30 PM EST) with a parliamentary motion to send the compromise to the Judiciary Committee for ratification, then scheduled a vote for Friday to cut off debate on that motion.

    Reid

    Harry Reid has filed a motion to invoke cloture, scheduled for 10:30 AM EST on Thursday. If the cloture succeeds then the debate on SJC version of the bill will be over and a final vote will follow. The SJC bill goes pretty much as-is to a final vote where a simple majority(51 votes) will be enough for it to pass the Senate.

    3. The analysis:

    The whole thing started when Kyl proposed an amendment to exclude illegals who had felonies to gaining permenant residency or citizenship. That would exclude hundred of thousands who had deportation orders pending or who had been deported by again re-entered.

    Democrats, afraid that the original intent of SJC version - mainly to bring people out of shadows will fail if republicans keep chipping away at the provisions with amendments like Kyl's amendment.

    So Reid, in a high-risk game, filed a motion for cloture. He probably has 38-40 Democrats on his side plus around 18 republicans. However, nothing is guaranteed. Most of media articles say that his motion will fail. In a rare chance that he succeeds, he will have the "Bargaining power" because of 60 senators' support for him and the SJC version and he will have a lot of fun at the expense of Kyl/Cronyn/Sessions etc. This is highly unusual. Cloture is usually filed by the majority party that wants the minority to shut up and force an up-or-down vote. In this case, THE MINORITY leader has filed a motion for cloture. A total reversal of roles.

    4. Our Interest

    First of all, from view-point of immigration voice, we would ideally want Reid's cloture to fail, Bill Frists' latest compromise to get ratified in SJC, come back to floor for debates and amendments and succeed on Friday. Dems and Republicans "Kiss and make-up" and everyone gets something. Here's why: If the motion of Reid succeeds, the scope of getting it changed for 485 filing and removing hard-cap gets smaller as SJC version will be popular with 60-plus senators and Reid would be unwilling to play with delicate balance. On the other side, if Dems fail, then Frist's bill would be open for debates and amendments, making it possible to get provisions to make OUR lives better.

    However, on the flip side, if Reid fails then whatever Frist brings to table will have almost no support of Dems. Then he too risks getting filibustered when HE files for cloture on his 3-tier version. He wont have 60 votes of his own to beat fillibuster because Dems would oppose him for being tough on illegals and Republicans like Cornyn-Kyl-Sessions etc would also oppose him because the 3-tier version would still have traces of Amnesty and its "Loose" on illegals.

    5. What's Happening Wednesday night:

    Harry Reid has promised he will be up all night in his PJs and review Frist's 3-tier solution. Cookes and milk are on the way from IV to him for some midnight reading. But he makes no promises. Cornyn and Kyl are still unhappy as 3-tier bill still smells of amnesty. McCain is angry at Reid and will support his party's stand and oppose Reid's motion for cloture. (edited)
    Harry Reid
    http://www.grassrootspa.com/uploaded_images/HarryRedi44333-734905.jpg

    Bill Frist
    http://skaroff.com/blog/wp-content/photos/images389071_Frist.jpg





    sammyb
    11-15 09:53 AM
    Simply and bluntly put

    IV is we. If you are not there , there is no IV. We are in agony and pain. let us scream so high that even deaf may lend their ears.

    What is at stake is you career. We have every thing to loose by doing nothing. I know, I have lost a whole lot. Probably I were better off moving to India after my MBA. I might have been doing much better there. But I am at the point where I cannot let got without trying. Have you reached that point yet?

    Here is my personal story, if you think you can do better here without the Green Card. Think again! I have been slogging in this mess since 1999, even though I have world class qualifications (Full time MBA from a top US school, several years of work experience, PMP and marching toward CFA). All this are futile , if I don't have that stupid work permit with out any strings attached (Green Card)

    Yes I do have EAD. But it is full of restriction. At least let us work together to remove that restriction..

    I don't want any freaking loosers. Loosing is their nature. I want winners to work with me. Are you the one?


    unless we join hands together and come forward nothing will change ...

    because of personal reason I was not able to devote much time to IV recently ... will be involved more now onwards ...



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