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  • va_dude
    12-11 03:39 PM
    i guess you could travel when an EAD/AP is pending, not sure.

    But i don't think there's any way for you to get back into the country unless you have:-
    1. h1/h4 visa stamped, or
    2. approved AP (with the validity period of AP covering your return date)





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  • Ann Ruben
    05-27 05:12 PM
    Pappu's response is exactly correct. Because you have an advanced degree, you meet the first prong of the NIW test. But, that is the easy part. Meeting the 3 criteria Pappu lists is much more difficult, and, as a practical matter may require you to demonstrate not only the "substantial intrinsic merit" and value of your work to the US national interest, but also your unique/exceptional ability to do that work.





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  • cr52401
    08-27 02:22 PM
    My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.

    I hold a MS degree in CS and BS degree in Industrial Engg.

    Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.

    Has anyone faced similar situation? How can I resolve this issue?
    Please help as I almost spent 4 years in LC backlog queue!!!!!!!!

    I guess you filed EB3. I was in same situation with BS and MS in Industrial engineering. my I-140 got approved a year ago without any problem. I am waiting for visa number ROW Oct2003. What is your PD?





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  • forever
    07-27 02:41 PM
    1. File I-140 whenever you receive the physical copy.
    2. In the mean while your current I-140/I485 application based on substituted
    labor will be processed as usual.
    3. You can receive EAD/AP (Try not to use it though !!)
    4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
    Good Luck.

    I would go ahead with this option.



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  • casinoroyale
    08-22 12:01 PM
    I have my own doubts about this matter, same as you. But doesn't your I-797 remains valid till its expiry date? Is there any such rule that if its un-used it will become void or should be cancelled after 6 months?

    In another context, I was told by one of the attornies that when i am with company-A and say its I-797 is valid for 3 years. I work for A for 1 year. Leave A and join B and work there for 1 year. Then leave B and come back to A, then I don't need another I-797 application, i can reuse previously approved still valid I-797 with A.


    I am not 100% sure on this reply ....

    As soon as you use EAD, your H1B status is voided. I have read that if you have worked less then 6 months on EAD then there are chances that you could get back on the same H1.

    Now, once 6 months (180) days have passed, your unused H1 is supposed to get cancelled.

    You may want to check with some good attorney though.

    Sorry, not much help.

    Good luck.
    GCCovet





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  • Saralayar
    07-17 05:47 PM
    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.

    Does this mean that we have to file I-485 before August 1st?. From August 1st, the August visa bulletin is effective and all the EB category dates are U.:confused:



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  • Googler
    07-17 07:06 PM
    All,

    USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.

    We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:

    (1) Visa Number Wastage: Fix Through Recapture

    (2) Name Check Delays:

    (a) More than 30 FBI analysts should be granted for the process
    (b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
    (c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself

    We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.

    And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.





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  • gjoe
    03-29 06:23 PM
    I would suggest having a potluck in front of capitol and also see the cherry blossom in the evening. If possible a boating ride can be squeezed in.

    This would make a statement that we are well off and out only problem is the delay in GC



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  • frostrated
    07-02 09:17 AM
    I have recently spent 2 weeks in Chennai and my overall taxi experience has been very good being non Tamil speaking. All Taxis charge more when the starting point is Airport. That is inevitable. If it is just to drop them at the nearest hotel, ask them to approach the Govt Prepaid Taxi booth.

    Govt's is cheaper compared to the private Taxis. Ofcourse the Govt only has Ambassadors as the Taxis. Do not expect the Taxis to be neat and clean like here. Expect broken handles.....There are 3 other private Taxi booths, of the private taxis Fasttrack seemed a little lesser compared to others, almost all private taxi rates are closer.

    If they need the Taxi from hotel check out Fasttrack website and get teh phone no for Chennai. They have been pretty good an picking me on time, but make sure you reserve it well in advance (4-5 hrs). Whenever I called in the last minute, they were not on time.

    I did stay at a hotel far from Airport - clsoer to work. So might not be useful to u.

    My experience with Taxis at Chennai airport have always been bad. They quote you a rate at the taxi counter and when you go to board the car, they will add on other charges saying that there is a lot of luggage. Anything more than two large suitcases, they charge at least 150 to 200. You have to haggle with them to not pay. Even the people at the counters side with the Taxi drivers.

    Of late, I am having a call taxi service come to the airport to pick me up. You can talk to the hotel people to arrange for the taxi. it comes close to the actual fare quoted initially, but you wont have to pay those exhorbitant charges for luggage.





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  • GCAmigo
    04-30 01:44 PM
    I was shocked as well, when I read about that in the other thread. Thanks for clarifying this Pappu!

    shocked to learn that the wait is getting longer! now I am truly SHOCKED!
    "Jo poora doob gava, usko thandee nahin laagva re!"
    poorly translates to english "Does it get any colder, for one who is already drowned?"



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  • indigokiwi
    05-20 03:32 PM
    What exactly does "OP" stand for?





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  • InTheMoment
    11-17 02:51 PM
    STAmisha,

    My lawyer has initiated conversion of my TR case to a RIR. As per the FAQ provided by him, provided that the job duities and title is the same; he will get a prevaling wage determination from the SWA (this is the stage where I am right now), next he would post the ads for 10 days.... and continue with the regular recruiting procedure as per the RIR rules.

    As per his estimate he would be able to file the RIR conversion request (with the recruitment data) to the Philly BEC in 2-3 weeks.

    If you want I can e-mail his deatiled FAQ to you.

    :)



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  • WeShallOvercome
    07-18 12:15 PM
    Guys,
    Is there a chance of USCIS coming back and saying that they will not take applications for I485 after July 31 2007 for whatever crap reason?

    Do you think they will do that after all this noise ?

    NO WAY !





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  • ajju
    08-31 01:29 PM
    I'm a Jul 02 filer and I received the 485 and 765 notices recently.

    However, the PRIORITY DATE cell in receipts for both 485 & 765 is BLANK. Is this the usual practice? Shouldn't my PD be populated on these receipt notices?

    Thanks..

    I've A# (9 digit.. 099xx for primary and 088xx for dependent)... PD is blank.. Guess most of people getting receipts in June/July had it blank... Don't know why...



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  • jackisback
    05-04 12:08 PM
    Should this not come from USCIS rather than coming from AILA? I would think this should be a press release or "news" on the USCIS website if they are starting this pilot.

    Are we supposed to be worried about sending this email since someone has got access to the AILA letter and posted it here in IV?

    This should be coming from USCIS or the attorney's offices...





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  • desi485
    11-24 05:48 PM
    I would also suggest that those who have had their I-485 denied due to changing employers should submit DHS Form 7001 to the Ombudsman's office.

    http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf

    Guys, any good news to share??? I am still waiting for reply to my letters or email. Nothing received till today...



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  • newyorker123
    12-22 03:42 PM
    Anyone please advice if I need to get verified the PIMS check before my h1 visa interview at Kolkata, I have an appointment on 1st week of Jan2011.

    Please share if anyone has any idea one this

    Thanks
    -MK



    check with your attorney whether they checked the option of upon approval of I-129 petition send a copy to KCC (kentucky consular center), if they did you are safe. To my understanding Electronic copy of your I-797 is visible to all cousulates thru a copy at KCC.





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  • chanduv23
    07-05 09:44 PM
    MSFT is the start. This will go on and you can start seeing other companies moving out - jobs also moving out to other countries.





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  • sreedhar
    10-31 08:27 AM
    Got EAD and FP...!!! But Receipts Not available in USCIS Automated System.





    485Mbe4001
    09-27 01:45 PM
    I suggested the same when i met with the congressmen. There should be a MAXIMUM processing limit, it is unfair to suck our blood till eternity. They understand but cannot do anything without a consensus.

    Set a time frame and give a result accepted or denied or something. We can plan our lives accordinly even animals slaughtered according to a schedule.:mad:

    With the way things are going, it might soon make more sense to be illegal anyway :D
    Maybe our message needs to be

    CONSIDER LEGALS BEFORE ILLEGALS

    or

    GUARANTEE MAXIMUM TIME FOR GC PROCESSING
    aka if your GC is not processed in 1 year (or some known reasonable length of time) from getting your 485, they should just automatically approve





    eb3retro
    01-06 05:39 PM
    Has anyone claimed unemployment benefits in EAD in TX state after being laid off? Can you please tell whats the procedure. I do not want to get into the debate of whether UB can be claimed while in AOS state? I just need to know the procedure. Thanks.



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