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  • mhathi
    04-30 03:39 PM
    Category: EB3 (Regular)
    Applied: November 20th, 2006
    approved: April 12th, 2007.





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  • milind70
    10-09 10:48 AM
    I think something same along the lines in VA is in place.





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  • amsgc
    07-31 09:40 PM
    I don't think your mom should overstay the visa - not a good idea at all.

    Try to see if she spent time outside the US when she was on H-1B. For example, she may have taken a few weeks off each year to visit her home country - you can recapture that time.

    BUT, as kaiser mentioned, not sure how your grandfather applied for your mother in the first preference category. Double check that. As someone else mentioned, the dates in the family preference move very slowly.





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  • vulcanfly
    07-19 10:12 PM
    So we can transfer our H1's but can we still have our 485 applications pending



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  • sundarpn
    07-19 11:10 PM
    have the same q. I was told not to change till EAD comes. But with this flood gate open that could take long.

    I don't want to be stuck to the same apartment!! This 495/GC crap is affecting even basic decisions!





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  • newbee7
    07-05 01:00 AM
    Although USCIS stated in its 2006 Annual Report Response (at p. 8) that it provides detailed data to DOS, the tri-agency group identified gaps in USCIS’ data. Through these discussions, the Ombudsman learned that accounting and processing methods differ at the Nebraska and Texas Service Centers (where USCIS processes employment-based petitions).



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  • jonty_11
    02-08 04:55 PM
    steve,

    I know a person who applied two H1s with two different employers A and B. He got reciept numbers for both H1s' After that he hot a ref asking about which company he is going to join with.

    He replied as he is going to work for company A. USCIS again send a ref asking him , why he applied for H1 with two companies when he knows that he is going to work for company A. That issues is still going on.
    I wish more of this wud happen to run these cheats out of business.





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  • TeddyKoochu
    04-22 03:42 PM
    Congrats and thanks for sharing this great news. Looks like E-E Relationship memo is not being applied.



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  • veni001
    06-07 01:08 PM
    I am surprised with this thread. There is no Deadline for employemnt based GC (this was mentioned by Sen. Robert (Bob) Men�ndez,NJ when requesting to move the FB deadline which is clearly mentioned in the bill as May 01, 2005) . Please read the summary and text carefully.

    Summary:
    First five years
    Total number of merit-based green cards includes sum of:
    a.) First five fiscal years have same number of green cards as made available to EB category in 2005. This number is 246,878.
    b.) Any visa number not used by family based category.
    How the total number will be divided between Current system and new merit-based system and Y visa holders --
    - 10,000 (or more) reserved for exceptional aliens under �Y� visa category.
    - 90,000 (exactly 90,000 � not more not less) for backlogged (pending or approved I-140 applications). Currently, this number is 140,000.
    - Remaining possibly goes to new merits system. Until the merits system is ready for accepting petitions, the Y visa holders probably get a shot at this since the clause says �No more than 10,000� � leaving room to let it go up from 10,000 to whatever is left.

    and the TEXT of the Bill
    �(A) for the first five fiscal years shall be equal to the
    33 number of immigrant visas made available to aliens
    34 seeking immigrant visas under section 203(b) of this
    35 Act for fiscal year 2005, plus any immigrant visas
    36 not required for the class specified in (c), of which:
    37 (i) at least 10,000 will be for exceptional aliens
    38 in nonimmigrant status under section
    39 101(a)(15)(Y); and
    40 (ii) 90,000 will be for aliens who were the
    41 beneficiaries of an application that was pending
    42 or approved at the time of the effective date of
    43 this section, per Section 502(d) of the [Insert
    44 title of Act] ( Act not the bill)

    (c) EFFECTIVE DATE.�The amendments made by this section shall take
    11 effect on the first day of the fiscal year subsequent to the fiscal year of
    12 enactment.


    So a bill becomes law only after signed by the president, and the effective date could be Oct 01, 2007 if not Oct 01, 2008.

    So all the I-140 filed on of before Effective date are considered as pending!!

    I don't know why even lawyers are getting confused here!:confused:





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  • sixburgh
    06-28 04:31 PM
    You can have AOS and H-1b concurrently. If you have the time, I would renew your H-1B visa at the consulate and re-enter using H-1b. It is much less hassle than to return using AP.

    This is what I think too.

    But it contradicts a senior member's post above (http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1598547-should-i-come-back-on-ap-or-h1.html#post1965755).

    Any official documentation about this ?



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  • WeShallOvercome
    07-31 12:13 PM
    Guys,

    don't worry.

    The age determination for the purpose of aging out is done at the time of I-485 filing and not adjudication. You guys are safe!

    They can't age out children just because they sit on an application for 5 years...

    Relax..





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  • hydubadi
    03-31 02:13 AM
    Hello frnds,

    Just today, started new contract job at Clients place with big consulting firm on EAD. On my first day in the evening I got a call from consulting firm saying my back ground check have criminal record from state of Idaho. Till now I never ever was involved in any kind of criminal act. They asked me to stop going to work till it is resolved. consulting firm says all the states and federal agencies cleared me where I last lived, except state of idaho where i worked for 5 months.

    Frnds please help! how should I resolve this issue. I have signed a 6 month rental lease, Left my H1B employer depending on this job. More over to all this we are expecting our first child and my wife doesnt have insurence. I was so happy I got this break but now this false check.

    Please let me know if any one was in this situation and got out of it successfully.

    Thanks,
    Hydubadi.:confused:



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  • bhatt
    11-21 04:54 PM
    http://cli.gs/De4Z4u

    BTW, what's scary about this memo..

    Infact, I find it encouraging, that TSC is trying to facilitate the process one way or other, given their system deficiency.

    Thanks Chris for sharing this info
    This is a good news. But It is scary that they don't have any mechanism to pull the application based on PD/country.

    It Might be useful for them to get an idea about how many are pending based on the current priority dates. Hope that it will help them to set the visa date for the continueing month instead putting a random number for the cutoff dates.





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  • uma78
    04-24 10:44 AM
    please correct me if i am wrong, this seems to happen on:

    Wednesday 04/30/2008 - 2:00 PM
    2141 Rayburn House Office Building
    Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law
    Hearing on Wasted Visas, Growing Backlogs

    Uma



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  • desi3933
    05-04 03:46 PM
    It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.

    Incorrect!

    Since he/she has been on H1 visa status before, he/she can start work after filing for new H-1B.

    _______________________
    Not a legal advice.
    US citizen of Indian origin





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  • andycool
    09-15 12:28 PM
    Any ideas? (My wife and son are in india now).
    Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.

    Congrats..

    you really need to celebrate dude...



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  • sundarraj61
    11-04 10:39 PM
    I too missed the chance ( formy wife and son) and waiting for the next chance and not sure when it is going to happen.

    -sundar

    Situation - During the month of July, I filed my 485 when all categories were current. Got my receipt too. Missed wife's application because her papers were not ready. Now priority dates have retrogressed again.

    Saving grace - Our H1/H4 are in order with many long years left on them.

    Question - Can I file my wife 485 now as a dependent, even though "my" PD is not current yet. The core point is that, does the concept of PD applies to the dependent 485 applications too?





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  • Keeme
    10-03 02:56 PM
    My EAD expires on - 10/10/2008. I had e-filed on 10/01/2008 for renewal.
    I-140 approved. I 485 peding since Aug 2007.

    Should I continue working after 10/10 as my current EAD will expire. Can I use my e-field receipt notice to continue my employment ?

    Pl advise.





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  • vxg
    08-31 11:52 AM
    I filed AOS during July 07 fiasco. It has been more than 15 months since the first fingerprint but I have not yet received 2nd fingerprint notice. I noticed a SLUD in May/09 but no notice. Anybody else out there who filed in July but don't have second fingerprint notice yet?

    I am like you, filed in Aug 2007, did first FP in Nov 2007 no second FP notice yet. I checked with my lawyer and several forums and response i got was that FP expires in 15 months and generally USCIS issues second FP notice when they are very close to approving your case. I called TSC and got a nice IO who told me that my FP did expire and he is issuing a request to send me FP notice and i should get one in 30 days. Not sure how it will go but i have heard that IO can approve your case even if FP expired and request FP after approval but before cards are sent.





    Hey Ram GC
    04-08 12:25 PM
    so are you going to get your EAD renewed this time?





    anilsal
    10-30 04:31 PM
    I was reading the USA Today articles and I have a suggestion...guys please try to do spell check before you submit to such forums. It looks bad on us especially when we call ourselves skilled immigrants.

    One glaring error that I saw was this guy with a MBA from Stanford Univ and he wrote it as "Standford Univ"......Is there a univ called "Standford"???? I tried googling it but did not find it...I hope it was not somebody from our group....

    That even applies to discussion on IV. If law makers have a look at the IV forums (after they have been appraised of the existence of IV) and see lots of posts that lack basic grammatical skills and in urgent need of spell checks, then you know, what goes on in their mind(s).

    Simple spelling mistakes are fine, but if a post needs spell checks a lot, either the person who posted does not care or needs a good spellchecker.

    Good that you brought this issue up. Are we not talking of Skilled Immigration? If yes, then let us all do some homework (run a spell checker, to make sure things are going to appear nice for readers).

    Sorry if I appear rude. We are in this fight together and we need to come out successful :)