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Saturday, June 11, 2011

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  • gk_2000
    08-16 07:12 PM
    EAD??? HAH!! Dream on...

    The 485 wouldn't even be applied for then how EAD would be possible

    Actually all these steps seem meaningless. They should give GC to those who want and are eligible. Period





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  • gunabcd
    07-02 09:52 AM
    I see people not supporting the CIR which was suppose to be a pro Immigration bill, no matter which part of the society it was supporting. My question is Are you guys out here a Pro or an anti immigration forum?
    Or are you guys out here are to fulfill their selfish dreams, stand on others to reach the top.
    Can anyone answer me? I really doubt the people out here.

    If you knew the difference between Legal and Illegal immigration, and had you read the CIR bill and all amendments then you would not ask this question. Please do some homework before asking such questions.





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  • karthkc
    03-18 05:19 PM
    Yha i got my EAD through Spouse.

    Is corp to corp a better option or should i ask my other XYZ company to file for my H1B?

    Okay..Here is the deal..If you are on H1B currently and do NOT have any paystubs for longer than a month (usually), then you face the risk of getting an RFE from USCIS regarding your status.

    This is YMMV meaning you may get it or you may not, nobody can say for sure...It all depends on how closely USCIS looks at your case.

    If you have been on H1B status without paystubs longer than 183 calendar days, you have bigger problems. My recommendation in that case is to get a good attorney ASAP.

    If you feel your case status so far does not have any major legal or immigration issues, my suggestion is to use the EAD to work and make sure you renew it on time and stay in AOS. The downside to that is if your spouse's 485 has any issues and gets denied, then you are immediately out of status. (If that happens, you probably have more to worry about than just your status)

    As always, take the above with a pinch of salt and consult an attorney in moments of doubt...!

    Thanks!





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  • makemygc
    06-22 11:26 AM
    Download trial version of Adobe Acrobat professional and you can very well save it.

    Along with the data you entered?? :confused:



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  • immig4me
    11-03 11:05 AM
    Interesting...
    1 way plane ticket - a maximum of $500-1000.
    Put them in a police bus/army truck = 50-100 per head
    Finding the criminals = priceless!

    Couldn't resist :D:D





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  • indian111
    06-02 05:04 PM
    I went by my EAD expiration date and filed both EAD and AP renewals but only after filing , I saw my AP expiry date is mor ethan 120 days away .I am really worried abt this .I received my receipt notices but no birometrics yet.
    Have anyone of you guys got other updates ?



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  • EkAurAaya
    07-10 09:55 PM
    flush this theory of mine... may be it was just a flook that 9 cases followed a pattern (and i thought i just decoded it LOL)... but this just confirms that applications dont reach Service centers they actually reach a black hole :D





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  • chantu
    02-29 12:24 PM
    Thanks guys for your replies. My employer has more than 100 consultants and I think it is a stable financially. I never had any problems in my salary. I was paid on time always.

    So you mean after appeal they can approve my I140?

    I do not know my PD. But my labor was filed sometime in Dec 2006.



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  • elusive
    07-12 04:54 PM
    Thanks Very Much Anne,

    USCIS received the response packet today around Noon, Hoping to get 3 years extension and don't want to go through the pain of EE docs, end client letters, SOW,....at least for next 3 years ..well i forgot If I exit ti still remains a problem...



    You should not have to pack up your belongings just yet. Chapter 10.5(b)(3) of the USCIS Adjudicator's Field Manual states:"Responses are timely filed if they are received by mail no more than three days after the due date, as provided for at 8 CFR 103.5(b) ." As long as USCIS receives your RFE response today or tomorrow, there ought not to be any problem. Also, because the "deadline" of July 10th fell on a Saturday there is a required automatic extension to Monday.

    For future reference, here are a few things to keep in mind regarding USCIS filing deadlines:

    1. "Filed" = actually received by USCIS. post marks or airbills showing date sent do not matter
    2. USCIS generally will not accept mail or courier deliveries on Saturdays, Sundays or Federal holidays.
    3. Saturdays, Sundays and Federal holidays must be included when calculating time periods.
    4. However, if the deadline actually falls on a Saturday, Sunday or Federal holiday, the deadline is extended to the next day that is not a Saturday, Sunday or Federal holiday. 8 CFR �1.1(h).

    Hope this helps,

    Ann





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  • tabletpc
    08-23 02:59 PM
    But using AC21 without having I-140 approved is big risk..u never know how the X emplyer might treat communication with USCICS with RFE is received.

    I am presuming many r in a situation where they ahve i-140 pending and 485 filed.



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  • Canadian_Dream
    11-02 01:03 PM
    Berry, Appleman & Leiden LLP is probably the best immigration law firm in West Coast.
    http://www.usabal.com/

    In case you don't about the class action law suit of Chintakuntla et al. v. INS, please check the link:

    http://www.immigrationlinks.com/news/news269.htm





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  • lj_rr
    07-30 01:16 PM
    Thanks for clarifying/
    I believe my 140 was sent to Texas.
    No , I dont work for CTS.

    I would go with the FAQ released on July 23 (since it is the latest) instead of the Direct Filing update released on June 21.

    Where was your I-140 applied (if it is not concurrent with 485)?

    Also, Q6 says the following:

    Q6: What happens if an application is filed at the wrong Service Center?
    A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center.

    Do NOT split hairs! You are okay!

    P.S.: BTW, are you working for Cognizant?



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  • EADchallenged
    07-12 09:03 AM
    I agree with the previous post that most of the House conservatives are right now trying to fight the bigger evil in their eyes - illegal immigration. Yesterday, on Cavuto on Business (Fox News), Tom Tancredo was waxing eloquent on the fact that he favors legal immigration, how he was the grandson of Italian immigrants blah blah blah. But remember, it was these very people who had forced the EB provisions out from S.1932. However, if Tancredo has to make any impact on American politics and be a serious player, he has to take these tactical positions favoring legal immigration when the talk everywhere is illegal immigration.

    So what to take out of this? We should try and pin a lot of these "anti-immigrant" people down on their position on SKIL while they are trying to justify their position on illegal immigration, by saying they favor legal immigration. . I guess now is the time to act and get everyone to support SKIL, while they cannot appear to be inconsistent with their position on legal immigration.





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  • meridiani.planum
    06-04 12:44 PM
    Your lawyer is correct. Since you are from India, you cannot apply for 485 at this time and hence you cannot get an EAD.

    You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.

    Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.

    though note that for EB1-EA just a PhD alone is not enough. you really need to have shown extraordinary ability in your field (tons of papers published, recognition from intl organizations etc).
    Otherwise you need to wait for EB2 to be current, which, if your PD is 2008, could be many years away (latest visa bulletin is at April 2004).



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  • saps
    01-26 12:42 PM
    Very helpful.





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  • delhiguy
    07-02 03:13 PM
    [QUOTE=vinabath]I paid for a 2007 labor for 15k. Now I am screwed.[/QUOTE

    One of my friend was gonna do the same(buying a labor is illegal) , I stopped him , He called me and thanked me...
    Never break rules , Never trust desi consultants...



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  • dixie
    09-08 08:40 PM
    Interesting thread but NO Radio Button to vote...
    You will have to login to be able to vote.





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  • smiledentist
    06-22 12:47 AM
    You would be best served with the services of an experienced attorney in this area. This is a rather difficult situation. Any answers on this board are likely to be speculative. Some money spent in this critical juncture would be money well spent.
    From what I can see, you have 2 options, either to continue with your currently approved 140 and file for a 485 or get a new one and try to affix your PD from the old approved 140. Either way once you get to the 485 stage you should be more secure in things, and can then look to invoke AC 21 rules.

    What I want is that if I could use this approved 140 thenI could be safe,but with a new 140 I am scared that it will take 4 months and I could not take advantage of filing 485.





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  • kiwi
    11-07 10:18 AM
    Hello you all,

    I guess I am the victim of bad attorney - I didn't do enough of my homework. Here my PD Jan 2003 labor just got approved. Fired my labor attorney who I couldn't never get hold of. In the process of preparing I140, my current attorney found the my company has been at loss in the past 3 years so doesn't look good for I-140 approval. His recommendation is to renew H1b then file PERM next year with a different employer. As depressing as it could be - I have to move forward.

    I am in Michigan and intended to move to bay area. My job is IT senoir development/IT project management for 8 years. This time I would like to do some homework: before I start to look for a new job in bay area, does anyone know what is the approx. prevailing wage for EB2?

    Can someone give me some infomation on this or where I could find it?
    Thanks.
    K.





    haider420
    03-04 12:56 AM
    I like your handle though, haider420

    yea bro wish it could be 420/365 ;)





    Hermione
    09-20 01:42 PM
    And what is the message again? You are leagal and highly skilled? Good for you! Now I am going to go and attend to more urgent matters.

    The message should be a call for action and it should be shorter.

    Raise EB quotas! Exempt derivatives from quotas!

    That would qualify as a message in my mind. It's positive, it's actionable, and it is clear.



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