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  • h1techSlave
    12-04 12:28 PM
    I thought you can be with out a job for 6 months while AOS pending. Not on H1, but in EAD.

    I think ashkam is missing the main point here. You are on EAD which is based on an employment based GC application where you have to be employed all the time. You (EAD and people who are on H1) are not supposed to tell that are unemployed! Duh!

    A people who are on H1 (same goes to people with EAD based on a employment based GC) and out of payroll for more than 28 days (not sure about the exact # of days, some says 42 days), you are out of status.
    So think twice before you disclose that you are unemployed.





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  • logiclife
    12-20 08:06 PM
    Accuracy of is really really bogus.

    Firstly, the stats are gathered from a sample of data that's too small. Its like saying that "I talked to 3 people in Iowa and all 3 of them wanted to support John Edwards in Iowa caucuses, therefore in Iowa, John Edwards will get 100% of the vote, Barack Obama will get 0% and Hillary Clinton will get 0%".

    Also, a system that relies on information provided by users without any cross-checks with USCIS database is really prone to errors and pranks.

    data and USCIS soft LUDs are the most unreliable distractions in otherwise peaceful life of post AC21 phase. Why cant we just enjoy the job mobility of AC21 peacefully?





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  • snathan
    02-17 08:05 PM
    Hello,

    I have a question regarding my employment & H1B.

    I was working for company "A" and my project ended in Jan and the company "A" gave me 1 month to find employment.

    So I have applied for H1B transfer last week with company "B"

    I got a call today from company "A" offering me a job.

    Is it possible for me to work with company "A", while my application for H1B transfer is pending?

    I want to join company "B" when H1B transfer is approved but in the meantime can I work for company "A" because it is very hard to find a job in this economic situation

    Any help in this matter will be greatly appreciated.

    Thanks

    As long as you have valid H1 with company A...you can work with them.





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  • desidude
    08-04 02:48 PM
    Mine is pending at NSC since 7th May 2007 under EB2. I can't explain my frustation in words... Don't know what to do...



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  • NKR
    03-11 02:53 PM
    You are not DESI... How dare you to think about working for wife...Thst's not in true DESI's blood.. Wife should work for you...

    Dude, Shed your medieval cloths and come to 21st century.





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  • gdhiren
    05-08 10:24 AM
    There is nothing to be afraid of. I don't think they will even ask where you work. Just talk about Employment based GC retrogression problem and Immigration Voice. They are not interested in hunting down you or your company.



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  • techskill
    08-10 11:49 AM
    thats sigh of relief for me.
    My friends attorney did'nt file his 485 unless he got new checks with his address imprinted on them.poor guy had to order new set of checks.
    Not sure why attorneys do this



    If the address in the checks and the applications should match then most of the AOS applications will be rejected for mismatch.





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  • superdude
    07-17 10:42 PM
    Do you know how long it will take to get GC from date of receipt of 485?
    It is a long journey again. We have to wait and see. It depends on the native country also



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  • coolmanasip
    05-29 01:30 PM
    Did you guys get a soft LUD before the RFE? How many days lag if any?

    Also, is there anyone that got a soft LUD and did not get an RFE at all? or is everybody getting an RFE?





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  • h1bemployee
    06-25 01:57 PM
    Hi Prasanthi,

    In the denial letter they stated that
    "The beneficiary may remain in the current immigration status until date indicated on Form I94.. ". My I-94 is valid till sep 30 2009 .... so even though my H1b transfer got denied ,will that save me from being out-of-status?



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  • pal351
    02-11 05:57 PM
    http://www.prweb. com/releases/ 2009/02/prweb200 0494.htm





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  • gultie2k
    07-07 12:42 PM
    Mr Ganguteli!
    Please refrain from intimidating others in pain. Hoping for large scale denials will not help your cause in any way.



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  • amsgc
    06-30 07:26 PM
    I like this thread - positive, reasonable, and makes sense.





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  • pachai_attai
    08-15 02:55 PM
    I sent back a new I-693 form along with TB testresult (thru USPS). USCIS received the document on 08/14.
    Today (08/15), I got a mail with contents
    "Current Status: Response to request for evidence received, and case
    processing has resumed"
    Do you have any idea, how long it will take to approve the 485 after they receive the RFE documents.
    Do they still continue to approve the cases after Aug 17th?



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  • conchshell
    04-24 10:01 AM
    I think this is the opportunity that we should not miss ... lets start a letter or flower campaign to reach the member of the sub-committee. I am sure IV must be participating in this hearing.

    On a slightly different note: Its not important that who reported it first. We are not playing a TRP rating game between immigration-law and IV. As long as our goals are same, and we all fight for a common cause, its just irrelevent who reported the news first.





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  • gimme Green!!
    07-04 10:26 PM
    Just in case if they ask why you did not do MS and jumped to Job be prepare to give convincing answer.
    Good Luck.

    Also, keep your MBA transcripts along - that wud go to prove you are required here in the States and could be a back pocket thing against a common assumption that your intention of getting an F1 was not exactly to a masters degree but to come here and change to H1. You doing an MBA now goes to prove that you had indeed intended to do a masters, but now in a different field though !! :)

    Good luck!!



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  • LC2002
    01-02 12:16 PM
    Guys,

    I am seeing in CRIS, Soft LUD's on old H1B extentions dated 12/30/07 (2006,2007) while none recent one on 140/485!

    Any ideas to help me understand. My 140/485 were filed in July 2007 concurrently. FP/EAD/AP were done.





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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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  • sbabunle
    12-17 09:45 PM
    Don't be too happy since it moved May 2001 for India. DOS is moving the dates solely based on the demand from the USCIS. They dont know what is DOL cooking ( or they dont care). The BECs have roughly done half of their work. Thats about 180K. Another 180K ( roughly) are pending. So once
    they all cleared we may get a better picture of the Plight of EB3 & EB2.

    My guess is that anybody who has a PD (India)

    Jan 2003-Dec2003 9 years
    Jan04-Dec04 12 years
    Jan 05 > 15 years
    as per present law.


    This also underlines the importance of an effective lobbying. We have to make this baby organization to a much stronger one. With lots of dollars and lots and lots of people. In my opinion we should have at least 75K active contributing members.

    One good thing is that people who came to US recently ( after 2004) and who apply PERM get things done in 8 months until I140. At I140 they realize they cannot move forward. They are slowly understanding the agonizing situation we are all in. I hope this will eventually turn in more people to immigration voice.
    Good luck to all
    babu





    desi3933
    06-10 04:53 PM
    Hello Attorney,
    .......
    .......
    What quota do dependents of Employment based AOS(I-485) LEGALLY fall into - is it the EB quota or FB quota?

    If incorrectly classified? Is there any legal option this mis-classification be corrected?

    Thanks a lot in advance for your time.


    It is 30 days since the posting of this question, and not a single reply from any attorney.

    Let me repeat my understanding on this question -

    ----------------------------------------------------------------------
    INA 203(d) Treatment of family members

    A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.

    This means that if the primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using the same classification as primary beneficiary (i.e. EB(2) in this example).
    --------------------------------------------------------------

    Have a good day!


    ______________________
    Not a legal advice
    US citizen of Indian origin





    dwhuser
    09-14 05:11 PM
    Curious to see if there is any luck for spouse approvals in the September 2009 PD movement ?



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