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  • Redeye
    12-19 08:26 PM
    Abhjitp thanks for your reply.





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  • she81
    05-15 06:34 PM
    Just curious, why are we not including the HR 6039 - that exempts US grads from the quota?





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  • raamskl
    07-07 12:40 PM
    Done..

    Good luck to ur son.





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  • micofrost
    07-15 01:54 PM
    Well, the first statement is true; the second, however is not. When one starts to work on EAD, his/her status changes to AOS, assuming his/her I-485 is pending. So, in this case, she will no longer be considered being on H4.

    You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.

    But on H4 you can still work on EAD, while maintaining your H4 status.

    I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.



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  • rajarao
    07-30 01:10 PM
    Congratulations on your approval. Yor are really lucky and we envy you.

    I know the systems is so much screwed up. There are so many frustrated people with their priority dates EB2 before August 2004 and could not file I-485 until this July. Its a wonder USCIS approved a case with priorioty date of August 2005. :mad: :confused: the system is so disgusting.





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  • gc28262
    06-14 03:54 PM
    Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."

    Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?

    I am not thorough on this topic. From what I read on the forum, you can use your old PD in your current I-485. More knowledgeable people please chip in.



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  • roseball
    05-14 05:20 PM
    Please review my ETA 9089, it must fit EB2.

    H.3. Job title: SENIOR SOFTWARE ENGINEER
    H.4. Education: minimum level required: MASTER'S
    H.4-B. Major field of study: COMPUTER SCIENCE
    H.5. Is training required in the job opportunity? NO
    H.6. Is experience in the job offered required for the job? YES
    H.6-A. If Yes, number of months experience required: 12
    7. Is there an alternate field of study that is acceptable? NO
    H.8. Is there an alternate combination of education and experience that is acceptable? NO
    H.11. Job duties:
    Analyze, design, coordinate and supervise the development of software systems.....
    Design and develop programming systems making specific determinations....
    Responsible for development of new programs, analyzes...
    Responsible for analysis of current programs including performance�.
    Review and repair legacy code�.
    H.12. Are the job opportunity's requirements normal for the occupation? YES
    H.14. Specific skills or other requirements: EMPTY


    I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters�s degree + 12 months of experience may exceed SVP.

    Thank you,

    What you are doing is illegal as per DOL guidelines. The beneficiary CANNOT be involved in preparing the job and experience requirements for the job. They have to be done by the Company HR or your manager. All the PERM preparations are to be done by an attorney or if the company doesn't hire one, it has to be by the HR/Manager. Never by the beneficiary himself. You can just provide your educational and experience information to the company and the rest is handled by them.





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  • fide_champ
    04-20 09:38 PM
    PIMS should be your last concern. There are other problems like 221(G) issues that you need to be concerned.



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  • Alabaman
    09-01 02:10 PM
    It is time USA opens its borders to allow more people from good cultures like India to come and settle here. Americans can learn family values from Indians. If America restricts immigrants it will turn into a country of bigoted, nepotistic creeps who will export their ugly culture of disowning their own parents to our shores and around the world. Programmers have long enjoyed high inflated salaries that are unreasonable. These salaries now need to come down and be competitive globally. Time for a 'change' in immigration and congress to open its arms to immigrants who made this country so great. It is time to make Kennedy's dream a reality. Indians who settle here need to have loyalty to their culture and should not become Americanized. Take the good things from this culture and not lose your own good cultural values that made India the best country in the world until the gora British came and ruined it.

    No offence intended, If India is the best country in the world with its "wonderful" cultures why are there so many Indians hell bent on getting the Green Card? Waiting so many years painfully? Why not just return home and live in "best place on earth"? Why would you want to turn America into India? It is good to respect your host country's culture. They are not perfect and so also are many other countries. Please let's call a spade a spade and nothing else.

    Having said that, this article reminds us that the debate should be: What group of people does America need to allow into this country on a permanent basis? (Emphasis on permanent basis). Aged parents of US citizens or long time resident and highly skilled immigrants?

    If I had a chance to write this part of the immigration law, I would stop a system where US citizens can file green cards for sibblings and parents. I would however, make it almost automatic for parents of citizens/green card holders to be granted 5 to 10 year visitor visas. I dont expect my parents who are in their 60s to move to the US. To do what at that age?? I cant sit at home with them... they will just be lonely!!

    I would also stop the green card lottery program. The freed up green quota from these two groups I will move to long time LEGAL residents (say 5 years or 10 years) who have been paying taxes, working and contributing to the economy.





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  • johny120
    08-23 11:32 AM
    No, I do not have a EAD or AP. I did not apply for them. I am planning to keep extending my H1 and not get into the hassle of EAD and AP every year.



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  • bikram_das_in
    10-20 06:15 PM
    Any violator of US immigration law is prohibited from entering USA for 10 years. Your wife may apply for for green card after 10 years. You will be a citizen by then, so things should be easy. Ask a lawyer if you have a better option.





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  • cool_desi_gc
    09-28 07:18 PM
    My name(s) were mispeld as well...My lawyer talked to USCIS and sorted it out.



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  • Texascitypaul
    02-23 05:02 PM
    Even though you entered under the VWP, and even though you remained here after your I-94 expired, you can file for AOS based on your marriage to a US Citizen.

    Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.

    Again thank you very much for the speedy reply.

    So i need to file all at the same time the following..
    Application to Register Permanent Residence or Adjust Status I-485 $1,010 ($930 plus a biometrics fee of $80).
    Affidavit of Support I-134 $0
    Petition for Alien Relative I-130 $355
    Application for Employment Authorization I-765 $340


    Is this everything? so assuming all goes well i would be protected from deportation from the time of filing until decisions are made? and would also be able to get EAD and SS number from that point on?

    Paul





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  • singhsa3
    01-29 07:38 PM
    Just today, I spoke to one of my freind, he is also from Bangladesh and his PD is sometime in 2006. He got his GC. So it could very well be true. If you want PM me and I can give you his phone number, you are his compatriot after all.
    I'm from Bangladesh and my PD is May 2006....EB3

    I applied for my I485, I765 and I131 in July 2, 2007. Then me and my wife received the I765 approval in couple of months then the real drama began.
    In October i received the letter about our i131 denial. The reason for the denial was approval of I485 (I485 approval news was mentioned in my i131 denial letter). My lawyer then told me to wait couple of months to receive my cards. I waited but didn't receive anything. The I called the USCIS and they told me that there is no update in the system and they requested me to go to the local immigration office to notify the matter. After visiting the local immigration office they asked me to write a status request letter to USCIS.

    Me and lawyer already wrote 4 letters to USCIS requesting the status of my i485 as my i131 got denied. Finally one of the cases status for i131 showing online that you’re RFE has been received and case has been resumed; and the other one is still case denied. On the other hand the i485 for both mine and my wife's case still showing like it was showing six months ago..."received and pending"........

    I’m totally confused in this present situation. USCIS never requested for any RFE against my i131, so why they put in the online status that the RFE has been received. All I did was requested for the I485 applications as they mentioned in my i131 denial letter that my i485 got approved……

    Some help here will be highly appreciated…….thanks in advance



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  • vin13
    01-16 10:24 AM
    Lets say , you move out of H1-b (company A)and start using your EAD (at Company B). Now after a few weeks you find another employer (company C) who is willing to do your H1-B. Then this is subject to the yearly Quota because you lost your H1-B status immediately after you started using your EAD (at Company B).

    You can now move to Company C using your EAD and then apply under the new quota for H1-B in April for a start date of October (new fiscal year). Company C may not be reluctant or hesitant in your case because you can keep working for them from Day 1 and you continue on your EAD even if you do not get H1-B.

    Company C will be hesitant only if you do not have EAD and you need to wait for the approval before you can work.





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  • poorslumdog
    08-23 09:08 PM
    I am working as an industrial engineer since 2006. My labor certification approved in 2006 mentioned job title of industrial engineer (SOC Code- 17:2112), My I485 is pending since 2007, I have also kept H1B status alive, six years will expire in dec however current I-797 for H1B is valid till June 2011.

    I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.

    1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
    Thanking you in anticipation.

    Before someone gives you answer...can you answer this. Why someone should help you or provide any answer to you. In the last two years your post count is 5. So never participated in any drive, help fund raise....first IV need to get ride of selfish &*^%& like you. I wish and request others not to answer you...



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  • Better_Days
    10-19 09:43 PM
    I had an I-485 pending when my first I-140 was denied. The cases ended up with AAO.

    I started a new GC process in PERM and the second I-140 was approved. After approval I noticed a LUD on my pending 485. I called the 1-800 number and asked for the I-140 number underlying my I-485. To my surprise, I was given the receipt number for the second I-140. What surprised me was that the my priority date was not current.

    I can only assume that when one has more than one I-140 pending with the same employer (remember that a I-140 with MTR or with AAO is considered to be pending), the first one to get approved gets linked with the I-485. CAN ANYONE CONFIRM THIS PLEASE?

    The interesting thing is that the AAO woke from it's slumber and issued an RFE last week. As a result of the RFE, both my I-140 have changed their status and now show "Post Decision Activity".

    The quoted post above describes my situation. I140 and I485 were pending. I140 got denied and ended up with AAO. Second I140 got approved and I485 is linked with this 2nd approved I140 even though the priority date was not current.

    Called USCIS twice to get the receipt number of the 140 underlying my 485 and got the receipt number for the second, approved 140 everytime.

    The company has received an RFE from the AAO and they simply are in no mood to respond to it. They are going to withdraw the first 140. The lawyer retained by my company is absolutely clueless about how and why the second,approved 140 got linked with the pending 485 without the priority date being current. He is trying to play it safe by covering his own behind by saying statements like "USCIS made a mistake and if they every discovered this mistake in future, I will be regarded as being out of status from the day I used any EAD based on this pending 485", He is suggesting that we file a new 485 when the dates being current ( I am EB3/ROW).

    Now I know that there are a lot of people who have had their 485s linked to their second, approved 140 automatically. Did this happen to any of you without the PD being current? Please do respond if you are in this boat.

    Also, is there a policy or memo that explicitly refers to it? Can anyone please provide me a reference?

    If the first 140 is withdrawn? Will it have ANY impact on the second 140 or the pending 485? The reason I ask this question is that after the AAO issed an RFE, the status on both my 140's changed to "Post Decisioon Activity". This is what worries me the most.

    Any comment on any of the above questions will be highly appreciated.

    Thanks for you time.





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  • jkmc
    02-16 11:02 AM
    not really, but close.

    i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.

    Hi Surge
    You should then consult a lawyer.





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  • bkn96
    02-18 11:06 AM
    Did you work during this period?


    Yes, I worked during that time using EAD as I dont have H1b. My Lawyer said I can work as EAD was not revoked. I work for myself (self employment) through my own company.

    Again I didn't get refund of MTR money... that is good news if we get our $585 fee back..





    gcpool
    07-08 09:19 AM
    My friends lawyer screwed up the application and it was returned. Later on it was filed and got accepted without their help. Now they are billing him and threatening him. What can he do?





    admin
    02-03 08:21 AM
    Increasing the H1-B limit without increasing EB-GC quota is going to make our situation much worse. People will soon have to wait for 10 years before getting GCs. :eek:



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