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  • jay75
    08-07 01:34 AM
    Received 2 year EAD, with pending I140(EB3 I).




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  • logiclife
    08-02 11:18 AM
    EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.

    I was contemplating on job change before dates became current in June and decision to accept 485....

    Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).

    Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).

    So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)

    (I am single and those complexities are not to be considered I guess yet.
    Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)

    EAD is really worth having, especially in IT, because finding jobs with same or similar job description is not difficult.

    Even if not in IT, the ability to start working for someone without bothering that employer to sponsor your H1 is a HUGE PLUS. HUGE and I mean really really really HUGE.

    Also, if you are in IT, and if job market becomes worse, then employers have more choice and during those times, they get picky and choosy and ask for candidates who have work authorization (Meaning, EAD or GC or citizenship) so that they dont have to sponsor H1 and go thru those hassles. (employers get sick of USCIS delays too).

    Therefore, whether you want to stay with same employer, or change to new one, having EAD is a big benefit because having EAD is same as having GC (after 180 days of 485 filing) with one caveat : with GC, you can change profession, or stay at home and not work....with EAD, you need to work and you need to be within the same job description.

    Not to mention, the travel benefits. When 485 is pending, in addition to EAD, you get AP for travel and AP is guaranteed re-entry after a visit outside USA. IF on H1, you need to have H1 stamp and if H1 stamp on passport is expired then you have to spend time gathering documents and getting consulate appointment and getting H1 stamp -- Something that causes unneccesary anxiety and too much heartburn and potentially ruins the vacation due to anxiety.




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  • nabs501
    07-17 06:07 PM
    If his fiance is in the US, then it's easy. Just do a court marriage; get the marriage certificate and file for I485.

    If his fiance is abroad then he can make a trip; get married and take her back to US and file. Remember, all the applicants need to be present in the US to file AoS.

    If she does not have a visa to come to the US; then just wait...

    I dont think it makes sense to file now; get married and re-file again. It's also risky just to some extent if his application is approved before ge get married.

    Also, just a friendly suggeston:
    Ask him to join IV :)




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  • latbsol
    02-25 11:19 AM
    Hey, thanks for the feedback and clarifications. Good to know that my EB2 will not affect the existing EB3. Yeah, I agree things are kind of grey when it comes to using the on-the-job work experience. I guess it depends on individual circumstances and there is no certainity about what will apply where.

    It would be really nice if the USCIS publishes some clear written material on these rules and regulations, like a FAQs that answers the most nagging questions someone has about Employment Based immigration. Does something like that exist? Does anyone know?

    Thanks



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  • Yeldarb
    05-17 07:19 PM
    www.onthecover.com then click on play online (on the right hand side) - a fully dynamic quiz site in flash made for a new PAX TV television program. It allows them to add new sets of questions at will. It saves all of the information in a mySQL database, then flash loads them in, and dynamically loads the images and questions.




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  • mdipi
    10-20 07:55 PM
    how did you do that swirly thing?



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  • immilaw
    09-18 01:41 PM
    Hi immilaw member,

    Thank you for the response, but my situation is.....

    1. My diploma certificate will be dated somewhere around December,2006.
    2. My H1B approval notice says my H1 is valid from October-1, 2006.
    3. For the current job I need MS degree, but I submitted a letter from my school saying all the course work is completed, but the diploma will be awarded in December, 2006.

    So now my questions are....

    a.) if I change my job after I receive my certificate, can I apply for green card on EB2 in my new job (assuming that my new jobs requires Masters too)?

    b.) Should the date on the certificate be earlier than the affective date of H1B or should it be earlier than the joining date of the job I am applying my green card on?

    Please suggest.

    Standards for H-1B and PR are different. Further, the basis of H-1B is the B.S. degree whereas the basis of EB-2 is your M.S. degree.

    Yes, you should be able to file and EB-2 through an employer that you join after you have been awareded the M.S. degree.

    Don't worry about your H-1B. You should not have a problem with that.




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  • simple1
    10-05 03:17 PM
    Troll alert. This guy is trying taint eb3 by mixing it up with z visa.

    he is asking "Do you guys know if there is any restrictions on which employer to work for on Z visa" in a forum where there are no undocumented.

    ^^
    they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.

    Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?



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  • Carlau
    01-10 09:24 PM
    If S.2611 is going to be discussed, isn't it possible that they ammend where it says that the spouse of the Blue card status worker (previously illegal worker) can work for any employer, that the same applies for the H-1B spouses? The L-1spouses can work too so why do we H-4s have to suffer?



    "... (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status. ..."

    http://thomas.loc.gov/cgi-bin/bdquery/z?d109:SN02611: then select "Text of legislation" and then select "2 . Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)[S.2611.ES] " (unfortunately the direct link is temporary so you need to follow these instructions to reach it)

    .2611
    Comprehensive Immigration Reform Act of 2006 (Engrossed as Agreed to or Passed by Senate)
    ________________________________________
    TITLE IV--NONIMMIGRANT AND IMMIGRANT VISA REFORM
    Subtitle A--Temporary Guest Workers
    CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL WORKERS
    SEC. 613. AGRICULTURAL WORKERS.
    (a) Blue Card Program-
    (1) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer blue card status upon an alien who qualifies under this subsection if the Secretary determines that the alien--
    (A) has performed agricultural employment in the United States for at least 863 hours or 150 work days during the 24-month period ending on December 31, 2005;
    (B) applied for such status during the 18-month application period beginning on the first day of the seventh month that begins after the date of enactment of this Act; and
    (C) is otherwise admissible to the United States under section 212 of the Immigration and Nationality Act (8 U.S.C. 1182), except as otherwise provided under subsection (e)(2).
    (2) AUTHORIZED TRAVEL- An alien in blue card status has the right to travel abroad (including commutation from a residence abroad) in the same manner as an alien lawfully admitted for permanent residence.
    (3) AUTHORIZED EMPLOYMENT- An alien in blue card status shall be provided an `employment authorized' endorsement or other appropriate work permit, in the same manner as an alien lawfully admitted for permanent residence.
    (4) TERMINATION OF BLUE CARD STATUS-
    (A) IN GENERAL- The Secretary may terminate blue card status granted under this subsection only upon a determination under this subtitle that the alien is deportable.
    (B) GROUNDS FOR TERMINATION OF BLUE CARD STATUS- ...

    (b) Rights of Aliens Granted Blue Card Status-
    (1) IN GENERAL- Except as otherwise provided under this subsection, an alien in blue card status shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
    (A) IN GENERAL- Except as provided in subparagraph (B), the Secretary shall adjust the status of an alien granted blue card status to that of an alien lawfully admitted for permanent residence if the Secretary determines that the following requirements are satisfied:
    (i) QUALIFYING EMPLOYMENT- The alien has performed at least--
    (I) 5 years of agricultural employment in the United States, for at least 100 work days or 575 hours, but in no case less than 575 hours per year, during the 5-year period beginning on the date of the enactment of this Act; or
    (II) 3 years of agricultural employment in the United States, for at least 150 work days or 863 hours, but in no case less than 863 hours per year, during the 5-year period beginning on the date of the enactment of this Act.
    (ii) PROOF- An alien may demonstrate compliance with the requirement under clause (i) by submitting--
    ...
    (C) GROUNDS FOR REMOVAL- Any alien granted blue card status who does not apply for adjustment of status under this subsection before the expiration of the application period described in subparagraph (A)(iv), or who fails to meet the other requirements of subparagraph (A) by the end of the applicable period, is deportable and may be removed under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).
    (D) PAYMENT OF TAXES-
    (i) IN GENERAL- Not later than the date on which an alien's status is adjusted under this subsection, the alien shall establish the payment of any applicable Federal tax liability by establishing that--
    (I) no such tax liability exists;
    (II) all outstanding liabilities have been paid; or
    (III) the alien has entered into an agreement for payment of all outstanding liabilities with the Internal Revenue Service.
    ....

    (2) SPOUSES AND MINOR CHILDREN-(A) IN GENERAL- Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted blue card status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident.
    (B) TREATMENT OF SPOUSES AND MINOR CHILDREN BEFORE ADJUSTMENT OF STATUS-
    (i) REMOVAL- The spouse and any minor child of an alien granted blue card status may not be removed while such alien maintains such status, except as provided in subparagraph (C).
    (ii) TRAVEL- The spouse and any minor child of an alien granted blue card status may travel outside the United States in the same manner as an alien lawfully admitted for permanent residence.
    (iii) EMPLOYMENT- The spouse of an alien granted blue card status may apply to the Secretary for a work permit to authorize such spouse to engage in any lawful employment in the United States while such alien maintains blue card status.
    (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF STATUS AND REMOVAL- The Secretary may deny an alien spouse or child adjustment of status under subparagraph (A) and may remove such spouse or child under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a) if the spouse or child--
    (i) commits an act that makes the alien spouse or child inadmissible to the United States under section 212 of such Act (8 U.S.C. 1182), except as provided under subsection (e)(2);
    (ii) is convicted of a felony or 3 or more misdemeanors committed in the United States; or
    (iii) is convicted of a single misdemeanor for which the actual sentence served is 6 months or longer.




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  • ita
    09-22 04:19 PM
    Thank you.



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  • coolblues
    08-14 08:01 PM
    Hi Mods, I am new to the forum so in case I asked this in the wrong section then do pardon me.

    I am currently working on L1 visa and had applied for H1 visa for fiscal 2010. I did file the visa via a consultant based in ease coast. Now, i got an email 8 days back from CRIS that there was a RFE against my application.
    And finally, earlier today I got another email from my consultant that my visa was denied.

    My consultant says that he never received any RFE request from USCIS and all he got was a random rejection PDF from them (he in-fact says that I wasn't the only one ... he got 5 more denials today without getting the RFE)

    My question to you folks is :
    - Can he be lying and trying to cover-up the fact that he never bothered to respond back (even though the RFE came 2 months back)
    - Can this actually happen (that RFE doesn't get delivered at all) ??
    - He says he has asked the attorney to appeal further. Would that help. Also, how would I know if this guy has actually appealed or just gave another false assurance.
    - Also what are my chances getting a H1B via the appeal route ?

    Thanks in advance




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  • djmaddy
    02-10 09:32 PM
    So when's the next contest guys?



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  • Eb3_frustrated
    03-17 11:14 AM
    Junoo,

    Good to see you getting optimistic, I saw your frustration at April visa Numbers and glad to see you back with green $$$ this time !!

    Bill introducted by Sen. Frist is great news, even though it is still in initial stages [Cross our fingers] glad we have something positive happenning.

    We need to work harder and make sure it passes the house and becomes a law..long path and we should remain focussed every step of the way.

    Thanks once again for your contribution and congratulations for your change in attitude.

    Just contributed $100.00. Will contribute more in Future...!




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  • stldude
    07-09 08:09 AM
    Mine was went on June 28th and reached them on July 02 8:44 am. My lawyer could hv. sent it by next day and it wud hv. reached them on Jun 29th.. hmmmm...



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  • vivache
    10-04 04:32 PM
    So can I submit the docs through my family .. now and just go for the final interview?
    This way I can go to the embassy the day I land in Mumbai.



    Yes, you have to submit your papers at least 5 business days I think before your interview date. It is a requirement for the Mumbai consulate. Mumbai consulate is like my second home :(.




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  • up_guy
    09-01 08:53 PM
    Please reply someone..
    take care
    manish



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  • skothuru
    07-17 05:00 PM
    I think we can still file till July 31st as per July Visa Bulletin (released on June 12)

    This is AWESOME!!!!!




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  • Since1997
    08-13 11:02 AM
    Here is the update we were expecting to see on Aug 10th and now available (be first one to see): http://www.uscis.gov/files/pressrelease/ReceiptingTimes081007.pdf

    I-140(8/3) I-485(8/3)
    NSC 7/1 7/1
    TSC 7/30 6/26

    I-140(8/10) I-485(8/10)
    NSC 7/1 7/1
    TSC 7/31 6/28

    NSC no progress at all
    TSC 1day for I-140 & 2days fro I-485

    PS: None of the centers entered in Jul 2nd....can't imagine the delays after they enter Jul 2nd....mass number of applications....




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  • redcard
    01-19 01:08 PM
    Here is my understanding:

    Situation 1-

    1. Get New Visa Stamped:

    If you get a new visa stamped, you will be entering on the new visa. The consular will cancel your old visa at the time of issue of new visa. My understanding is that you can have only one valid visa of the same type stamped at one time. The visa stamp does not have an effective date and it only has expiry date. Again this could have changed with all the changes in the last year or so,, but in the past they would cancel the old visa generally with the wordings �CWOP� across the old stamp at the time of new visa issue. If that�s the case you will enter on your new visa which will have the extended expiry date.

    Situation 2

    2. No New Visa Stamped and entering on the old visa

    I am not sure how this works; because the new H1-B extension you just got has the same I-94 Number printed on the approval card (on the bottom left side) as the paper I-94 you have stapled on your Passport. Once you leave you will surrender your I-94 that�s on your passport and get a new I-94 when you enter which would have a new I-94 number which will now be different from your I-94 on the H1 B extension. I believe this I-94 will take precedence over the I-94 that you have on your H1-B approval since that will now show in the USCIS records as surrendered. Again this is my understanding but an attorney can give you a better advise on this..


    Hope this helps..




    god_bless_you
    03-17 09:23 AM
    GREAT !!
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    piyu7444
    07-13 05:29 PM
    Thanks for all who replied...

    Did anyone travel to India, by landing at Delhi Intl airport, and then proceeding to other destination city through a domestic airline?

    Never been to Delhi, and I have no idea how Intl and domestic travel works in tandem...

    Thanks

    Almost every time landed @ delhi and then got to a domestic flight (@ Indore - lot of times)

    It all depends on your international arrival and next connection to domestic city (how long is lay over?) You can get a good connection from New york to mumbai to indore with airline A due to its flight schedule but you might not get the same ''good connection'' with airline B as it just has a different schedule.

    So it depends on the following
    -From where you fly
    -When you reach
    -When is the first avaiable domestic flight
    -how much is the total cost

    :)



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