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  • Roger Binny
    08-11 06:48 AM
    Answers in bold...

    Gurus,
    A very close friend of mine has filed EB3-I 485 with Sep 2003 PD. The job, at present, requires EB2 level qualifications, however, the employer is not too keen on sponsoring a change to EB2.

    So, what options do we have ?
    a) when is EB3-I Sep 2003 PD likely to be come current? 12m? 18m from now?
    - As usual no one knows

    b) can AC21 approach be used to port this to a EB2 category ?
    - Can you be more elaborate on this

    c) can his spouse separately file for EB2-I PERM, I140 and file for 485?
    (I am assuming that EB2-I will be current approximately around this time next year).
    - If he/she is working and qualifies for EB2-I, certainly one can apply during the I-485 stage i guess one can go for a cross charge-ability (not sure of the word) but yes i have seen posts where one can use the spouse's 485 priority dates.

    Thanks.





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  • sirinme
    07-29 10:29 AM
    This second point is not true. Either that, or the USCIS is not enforcing that requirement consistently. I renewed my EAD 3 times so far, but never had to provide any salary statements with my renewal applications.

    Two other issues could be:

    2. You need recent salary statements for EAD renewal every year.





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  • chunky
    07-27 08:49 AM
    Can we leave country and apply for H4 visa at US embassy.
    Will I 485 be abandoned with it.

    Thanks
    To travel out of the US when a 485 is pending,

    1. You should have AP or

    2. A valid H-1, H-4 or L-1, L-2 stamp on the passport + 485 receipt

    So in your case, you have to wait until you either get the AP or the H-4 change is effective. Until then, you cannot travel.





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  • GcInLimbo
    11-17 11:38 AM
    Me and my wife both got notice from USCIS with intent to deny citing evidence of continued leagal immigration. Attached the scanned copy removing personal information.[

    The mentioned period in the letter that is requesting evidence is the time I applied for H1B renewal. The application had an RFE and we were waiting on response from my employer. My employer replied to the RFE and it was sent to local processing center for further processing. Meanwhile on July 2007, I applied I-485 when they are current which puts us in AOS as the H1B was still pending approval from USCIS. I read some where that you can not stay in U.S with H1B renewal pending beyond 240 days from your previous H1B expiration date. So I applied another H1B with a different company before the 240 days and got that H1B approved after two months of applying.

    I am sure I didnt break any rule or stayed illegally during that period as my H1B was pending and moved on to a different company after appying I -485. My previous employer have no issue to continue to support my GC processing.

    Where do I stand with regards to this notice? What are my options and how to approach this problem, so that the IO doesn't get confused and deny the application.
    I am sure I will go through my lawyer but want to get first hand information and have a clear picture on the path to follow from experienced people here.

    I tried to attach the attachment but its failing.

    Thanks



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  • sagar_nyc
    02-10 05:31 PM
    My I 140 got approved in 2006. And my lawyer got approval notice. He also gave me copy of it. I just registered my I 140 case number on USCIS site. I was stunned to find out the status that
    Current Status: Notice Returned as Undeliverable.

    On September 19, 2006, the post office returned the notice we last sent you on this case I140 IMMIGRANT PETITION FOR ALIEN WORKER as undeliverable. This may have serious effects on processing this case. Please call 1-800-375-5283 to update your mailing address for this notice to be re-sent.

    I immediately contacted my lawyer. He said that Since He have original approved copy of I140 , I should not worry about it.

    I tried even contacting IO. But IO told me that regarding I140 only employer or attorney can call to discuss further. She didn't give me any answers.

    Gurus what you think?





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  • amitjoey
    05-31 04:07 PM
    Contributed $350 so far. Will contribute another $100 today.

    great!!!. That is the spirit.



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  • prioritydate
    03-27 09:58 PM
    It will not be a problem at all. I know a person who was without a job for 9 months during that time period and still got his green card, so I would assume that you are safe. You should be worried about this at all. This is just my opinion. The final outcome depends upon the person who is approving the case.





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  • GCplease
    03-25 02:21 PM
    I travelled to chennai last March via Emirates. No problems with transit visa or something. The price was good too. airport has a duty free shop for Jewellery and other stuff. good place to shop. but we had to wait a long time for the connecting flight.

    The next time I go there, am planning to take a visa and tour Dubai. Heard that Dubai has some great places to see.



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  • gcisadawg
    04-07 05:06 PM
    sam_gc,

    Thanks for the response! Fear and hope compete against each other in this dilemma! Seems like the decision rests with the IO whenever she enters next time.

    There is a provision for extending B2 visa. If they dont allow, they wouldnt have it in the first place. I understand getting Immigration benefit is a privilege and not a right! The question is how to balance our needs without overreaching it!

    Rgds,
    gcisadawg





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  • Raj2006
    06-04 10:07 AM
    lawyer paper filed april 15th
    receipt received april 27th
    received date april 16th receipt date april 26th

    last soft LUD April 30th

    no fp notice or anything since

    called them 2 days ago to put in a request for fp cus i am tired of waiting hoped that this would prompt them to look at it.... so far no change

    seems like CSC is slow compared TSC. I dont think they issue FP notice for paper filing. There were lot of applications received by CSC in feb..i think thats what is causing the delay. please keep us updated with your status.



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  • antihero
    11-26 12:53 PM
    Hi Guys,

    I am an EB category GC applicant. I am living in US on AOS pending status and working on EAD. I don't have any other legal status in US. My previous H1 expired long back. I also changed my company after filing I-485.

    I am thinking of visiting India now. I will be carrying my I-485 receipt and my AP for this travel. My question is, can I face any difficulty while boarding a flight in India since I do not have any valid visa stamp for US in my passport? If I remember well the immigration counter in India also verifies a person's visa before letting him/her proceed on the journey.

    Also, can anybody foresee any problems while reentering at the US immigration checkpoint in such a case?

    Can somebody who traveled outside US on just I-485 receipt and AP share their experience with me?





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  • nashim
    04-07 02:55 PM
    thanks gcisadawg,



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  • glus
    03-07 12:24 PM
    What you did was technically , not an appropriate step. It is clearly mentioned on AP that it is not intended to circumvent the visa process and this is exactly what you did. Either you should travel on AP OR apply for visa and wait for the visa. One of my friends did this and POE was not happy with it. So one should use AP very carefully.

    Circumvent a visa does not = with the fact that one's H1 visa petition is pending for long and uses AP to re-enter. There is nothing wrong with this. Entering on AP instead on H1 is not 'circumventing visa.' Once he receives an email that his H1 can be issued, he can go back, get h1 and re-enter without any issues.





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  • bhasky25
    10-11 02:31 PM
    I do not wish to refile my GC.. I just wanted to know if I can get my HB1 renewed even after the underlying 140 is revoked...



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  • CaliHoneB
    01-24 03:10 PM
    May be my assumption is incorrect but shouldn't India and china receive same numbers for Eb3?
    Eb3 China received 3676 vs Eb3 India 3036.

    is this difference because of the number of dependents? Any comments?

    Cheers



    Annual Report of the Visa Office for 2010 has been released here...

    Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)

    Table V Part 2

    India Received

    EB1 6741
    EB2 19961
    EB3 3036

    ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)

    Other Info
    EB1 received a total of 41026 which means there was no spillover from EB1.





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  • cnag
    04-17 03:54 PM
    Don't worry. You are not alone. I will give you company. Mine is stuck in PERM
    since OCt 2005. Not 10 months yet, but almost there...



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  • imneedy
    02-05 10:12 AM
    Shahuja and Raju,
    thanks for your reply, let's hope you get them soon.





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  • HumJumboHathuJumbo
    01-02 03:51 PM
    presuming 3500 visas for EB3 from india per year, given about 350,000 were filed recently and presuming about half of that were EB3 india, that means 175,000 are in front of you from India on EB3. so my pd of jan 2006 would become current in about 48 years and yours in about 50. now, others may speculate and extrapolate and say that it's likely to be within a decade based on past experience - i.e RoW not using up its quota and hence spilling over to India, but India EB2 itself is backed up pretty badly & it gets a first shot at it so after these geniuses go green, we get to use that. But again, thats just speculation - so nothing is certain except that it wont be no longer than 50 years based on current law, that too presuming the current law stays as is. lets hope iv succeeds in the backlog efforts in which case the wait would probably be around 3/4 years.

    You seem to be knowledgeable. can you tell anything about EB3 October, 2003 Priority Date?. when will people with that PD be able to file I-485(someone i know missed this year). thanks





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  • GCwaitforever
    05-24 09:26 AM
    Great job guys. So far this has been the big event with our direct participation and which grabbed headline news. I hope with this coverage, the Senators turn their heads towards legal immigration. Kudos to Aman, Tracy Hong, Shilpa and other core team members who are sacrificing their time and money by representing IV.





    anai
    06-04 10:36 AM
    Thank you, guys! It is not clear whether Statistics is a STEM major, but I think it is reasonable that it is, since Statistics is a branh of Math. Some universities have Statistics departments and others have Statistics as a concentration in a Math graduate program.

    As a statistician, can you not live with something like "There's an 80% chance that statistics is considered part of the "M" in STEM"?

    (Couldn't resist. Just trying to find something humorous in our common misery.)





    ghost
    02-07 11:19 AM
    Please share about the discussion. Unfortunately I am unable to watch it due to proxy firewall.

    Immigration Policy: Highly Skilled Workers and U.S. Competitiveness and Innovation - Brookings Institution (http://www.brookings.edu/events/2011/0207_immigration.aspx)

    Please contact Brookings Communications at the contact info provided for the event material.



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