Monday, June 13, 2011

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  • sanju_dba
    01-04 12:12 PM
    i would prefer to be a documentary instead of a feature film!

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  • pappu
    04-09 02:58 PM
    This might help

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  • bluekayal
    03-18 02:50 PM
    I wonder if my child who only has ITIN will get the $300..probably not ...Waste of money to apply for EAD for a 10 yr old!

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  • sachug22
    05-12 02:11 PM
    CIS have been targeting reducing processing times for applications including I-485 (for I-485 they want it to be <180 days). Which they are doing, based on their definition of pending (non retrogressed approvable application). They can easily achieve this, give retrogressed countries/categories bare minimum and they process all other applications as quickly as possible. Which explains all of the following..

    EB3 made unavailable (they have used all the visa numbers)
    EB2-India move way back (they have used all the visa numbers)
    EB1 and EB2 quick approvals (for all current categories) average down to 200 days

    There were around 3000 visas for EB2-1 and EB3-I , considering 1.2 dependent this means GC for no more than 1400 families in each category. The math is simple getting that many applications processed in first 6-8 months was not difficult.

    To add to the woes we have following, which add to the problem, but are not the primary problem.

    Labor substitution
    EB3-EB2 jumps
    Very old name-check cases

    Primary problem is 7% country cap, they way things are if CIS gets enough cases in EB1 and EB2 (none retrogressed categories), then they will be reluctant to issue GC to EB2-I and EB3-I above the minimum (7% quota), since that do not count in their definition of pending cases.


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  • girishvar
    08-15 12:20 PM
    There should be a good faith job offer from your GC employer as of today. You can decide not to join the job after your I-485 filing and 180 days there after.


    If I am working with X company & Y company is ready to file GC.
    (Assuming Y has no objections even if I do not join the company at all)
    Is it mandatory for the candidate to join company Y at certain stage which has file GC?
    I would appreciate your comments.


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  • bharad
    05-07 12:10 PM
    Me and my wife's 485 applications received a soft LUD on 04/30/2009 and 05/01/2009 for two consecutive days.


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  • leo2606
    12-13 08:02 PM
    We are all waiting for next breaking news from you ramnadhan.

    Visit another immigration site tomorrow and come back with another breaking news.

    January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2

    India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.

    I hope this info useful for our fellow members.


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  • smidreb
    08-04 01:10 PM
    We need much more info to help out.

    1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
    --She is on H4

    2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
    --He had filed his 485 before she got married to him.


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  • Leo07
    01-14 01:06 PM
    ...and Good Luck

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  • rpatel
    02-13 08:26 PM
    Work Together, Win Together.
    Join IV to fight the injustice against 'legal Immigrants'


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  • mikrupee
    07-27 03:26 PM
    What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?

    Senior pl give advice.

    O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).

    Now real question should be "Should I use EAD or Should I be on H1/H4?"

    If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.

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  • Bytes4Lunch
    03-07 09:25 AM
    Visa stamping interview --> First week of Feb
    Was asked to submit technical questionnaire and other documents as per 221g which I did
    Received email confirmation that they have "received" the documents and sending it to DOS for further processing and will email me in sometime

    After waiting for one month and no sign of the elusive email, I flew in to LAX and used my Advanced Parole successfully. I had not cancelled my pending H1B application.
    The POE officer was very polite unlike the officer at the Mumbai consulate. They didn't ask me even "one" question about my pending h1B application or the H1b in general, had to wait in the secondary inspection room while they looked up my information. Was out in 20-25 mins.
    When I asked the POE officer what happens to the H1, he said it gets void. But as per earlier INS memos(Cronin Memo) and threads on forums, this is not the case right ? although I didn't start a discussion on this with him, because I didn't want to confuse him. My I-94 has AOS written on it which probably puts me in a Parolee status.

    Now my question is:
    I really would like to get back on the H1 status, so when the email arrives from Mumbai, does anyone know if its possible to withdraw the application .
    Then arrange for the h1B visa stamping interview at say Tijuana, Mexico. Wouldn't I be in the PIMS system now (since I would have received the email from the mum consulate) and make the stamping faster at the regular timelines. I have my multiple entry AP as backup, so I can be back if I need to.
    I'd really appreciate if anyone can shed any light on this, I really hate to work on my EAD and would like to continue on the H1 as a backup for my entire family's sake.


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  • digital2k
    08-06 02:20 PM

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  • freedom_fighter
    01-27 10:52 AM
    Congrats! Enjoy the freedom.

    i'm not going anywhere and would like to contribute in what ever way possible to address our cause.


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  • hiralal
    06-22 06:40 AM
    from what I have heard TB can be deadly. (btw I am not a doctor). I don't know what your post means but if it seems that you do have some form (or mild TB or whatever) ..then do take advantage of the treatments that are available is wealth (esp go for treatment if you have insurance etc)

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  • rabs
    04-12 06:30 AM
    I paper filed Last week and I wrote the receipt date of previous EAD.


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  • krishnam70
    03-13 02:49 PM
    Received a mail for myself and my wife. welcome to USA. But no email from CRIS.

    Enjoy and please keep supporting IV in any way you can

    - cheers

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  • chanduv23
    03-04 11:58 AM
    >> Do you have a Green Card?
    This is not a legal question. If question is posted on web-site, that can be reported.

    Like in said my earlier post, employer can not ask for kind of employment authorization.

    Not a legal advice.
    US citizen of Indian origin

    Thanks desi - as always ur source of information is great. Lets get some view points from IV lawyers on this issue.

    If that is the case, what about employment websites? Maybe they need to be notified to change their options?

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  • antonyabraham
    04-20 04:32 PM
    I am also going to India and will be attending appearing for interview at Chennai consulate. I wanted to use AP, but I-140 which was filed on Feb 2007 at NSC is still pending.

    Indian consulates do not check the details in PIMS in advance, unlike some consulates in Mexico and Canada. I have written to Chennai consulate and they said they wouldn�t verify my information until I appear for interview in person. I wonder why different consulates have different policies.

    But according to, PIMS system is more comprehensive now and should have more people in it (as communicated by USCIS to ALIA)

    06-22 07:24 AM
    Thanks for your reply hiralal.

    Actually, the PPD was positive due to the BCG vaccination. I have heard so many cases that show positive PPD due to the BCG vaccination.

    Until 2008, the USCIS was fine with the X Ray clear after the PPD is positive. That has changed and now they need the size of the induration of the test. I don't have the documentation with me right now.

    I agree with you that health is wealth and treatment should be taken (if needed). But, I do want to take un-necessary medicine. I don't have any issue with my health. I have been in the US for 12 years now and have no active symptoms of TB. What is the point in trying to the route where you are NOT needed to?

    Steve Mitchell
    March 12th, 2004, 12:29 AM
    Thanks for clarifying skip. It would be great to get the Nikon forum more active.
    SB-26 will be a problem. You cannot use TTL flash mode with any Nikon digital camera. It would be like going back to an old thyristor auto flash. Only the DX series flashes work with the digitals.

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