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  • perm
    09-02 03:10 PM
    Akhil, can you PM the copy of the letter you sent in with your AP renewal (efile). Also what did you enter in Class of admission? how much fee did you have to pay - 305 or 385?

    Thanks in advance
    perm





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  • logiclife
    12-28 02:38 PM
    Does this mean that you cannot have 6-9 years extension of H1B for the new employer and you must use the EAD after six years if you are changing jobs?

    No, you can use H1. But if you go to new employer, of course you have to do an H1 transfer to new employer.

    AC21 portability can be used with either forms of work authorization : H1 or EAD. The important thing is to do it after 180 days of 485 filing and to do it after 140 approval.

    You can start working for new employer on EAD, or you can use AC21 (without using EAD) by applying for H1 transfer to new employer and working for new employer as soon as you get receipt notice of H1 transfer.

    H1 status offers a backup plan in the sense that if your 485 is rejected for wrong reasons, you can appeal the case in office of administrative appeals and fight it out and stay here on h1 while you fight it out. Your H1 status you have at that time of 485 rejection and its validity is unaffected by 485 being rejected. But if you are on EAD, and if your 485 is rejected, then your EAD is invalid and you are out of status, you cannot switch back to H1 from EAD and continue fighting the rejection of 485 thru appeals. You have to go back.

    H1 offers a backup plan but the disadvantages are that its more expensive to do for employers and so many employers will not prefer you. It costs between 1600 to 2400 for employers to file H1 transfer and bring you on board, plus lawyers fees needed for filing H1 transfer. EAD is easy, you dont need lawyer and your employer has nothing to worry or deal with. So you will have more options when using AC21 if you use EAD as your work authorization rather than H1. Besides, H1 extensions and transfers are a headache. EAD extensions are easier and they can be done by yourself without the need to get anything from employers and lawyers.





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  • willwin
    02-20 01:33 PM
    As everyone knows that AOS for those who already in US and CP is for those who are outside US (theoretically). It is a personal choice for a person in US to file either 485 or opt for CP. The reason for CP was a popular choice due to 485 processing delay between 2001 and 2005. Between 2001 and 2004 all EB categories were current for all countries. No one heard of term retrogression in that period. No one was worried about EB2 or EB3. However due to severe processing delay (partially due to increased security check due to 911) in 485 applications during that period, it was taking about 2 years for 485 approvals. During those entire 2 year period visa numbers were current and did not fluctuate as it is happening now. Therefore people opted to go for CP, as US consulates in abroad were not busy. They scheduled the interview right away as PD was current for all categories, during that 5 year period. That�s why CP was popular choice that period. Now, in the retrogression climate and continuous fluctuation in PD (back and forth movement), opting CP is a blunder mistake. Furthermore, now (at least before July 2007 fiasco) 485 approvals are so fast. If PD was current, USCIS was approving 485 with in 2 months before July 07. Therefore one should not even think about CP, if already in US unless if you are in EB1 or EB2-ROW category. Therefore 485 is the only option available to enjoy subsidiary benefits like EAD/AP/AC21. If any one already filed CP, to switch back to AOS they must wait till visa number available to their PD again. It will be a long road, and it complicates. As already mentioned, there is no technical ground to award EAD/AP for CP persons if already in US. If IV goes and talk to USCIS, they will laugh. To achieve same result, one can lobby for administrative fix like awarding EAD/AP for a person whose 140 was approved and legally present in the US in a valid non-immigrant status. This may be possible.

    Ramba, I agree with you for the most part.

    Well, there are CP filers with PD as back as 2003 (not sure if there are any 2001/2002 filers left) and these people were not aware that in July 2007, DOS/USCIS would open the flood gates and put them in this plight.

    Imagine this, if DOS/USCIS had not made the PD current for everyone during 2007, what do you think the 485 filers would be doing now? They would have had approved I140 or they would have filed one, but what more? Will be just waiting for PD to become current. When it becomes current (say after 2 years), the actual processes (of going through name check, USCIS delay, FP etc) start and may take atleast a year going forward. But, when PD becomes current, guys in CP queue would get their interview.

    So, it wasn't that CP guys knew this before and still made a mistake - back in 2003!

    Otherwise, I agree, with this unpredictable movement of PD back and forth, 485 would be a safer route with all the changes happening to 485 processes (faster name check, proposed EAD for 3 years etc).

    Your post was highly diplomatic than most of your queue-mates. Appreciate that.





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  • Gravitation
    07-06 03:47 PM
    Members: can you request IV to endorse this ... more than 100 people are waiting to get hear 'YES' from core...


    http://immigrationvoice.org/forum/showthread.php?t=6025


    thank you

    It'll be nice if the core endorsed it. We members do contribute and participate in all campaigns when core asks. It'll be great if the core lets the ideas bubble up from members too! That'll make it a two way street.



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  • chanduv23
    10-10 07:32 PM
    SWITCH

    S-SATYAM
    W-WIPRO
    I-INFOSYS
    T-TCS
    C-COGNIZENT
    H-HCL

    IS that what this means?





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  • gcformeornot
    08-09 08:13 PM
    I don't care about LS. Almost all cases I know are fraud. Sometimes 2 guys got GCs on same labor(since they were not asking Original LC). Thank god USCIS banned LS.

    God Bless USCIS for banning LS.



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  • Suva
    04-16 03:59 PM
    That is accurate I have done 10+2+1+3

    For EB3 one needs to show 4 years of degree and 2 years of experiance. Normally every degree year is equivalent to 3 years of experiance. I don't know how USCIS sees diploma. In your case a very strong evaluation certificate is needed.





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  • chanduv23
    03-09 08:10 AM
    Bump



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  • gc_kaavaali
    12-08 01:46 PM
    Hi,
    IV is trying to achieve these things...but it cannot do until unless members contribute something...IV need contributions to invest in the omnibus bill Lobbying efforts.. for more details look at below thread...

    http://immigrationvoice.org/forum/showthread.php?t=15905


    Get one thing done is better than spreading limited resources on multiple topics. To increase immigration quotas is not achievable before presidential election is done.

    Why not just focus on getting name check delay solved. It is under congress scrutiny already, all need are to add more oil to the fire.





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  • map_boiler
    08-08 10:12 AM
    ...as some other folks here have suggested would be to get F1 first, and then get married. Will need to move on the F1 quickly (since it is already August), especially if she needs to do TOEFL/GRE/GMAT. Might also need to postpone wedding by a few weeks. This seems like the best option.

    Congrats, and all the best!



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  • hope_4_best
    04-02 11:45 AM
    sent both faxes





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  • abhijitp
    01-15 10:52 PM
    1. contact all your IV friends
    2. contact all your friends in the USA (whether or not waiting for GC)
    3. talk to your neighbors in your apartment community
    4. hand out bills that describe this action item (We need a poster for this purpose)

    In each & every case, offer (as the last option) canned letter format to be filled out and signed... you then photocopy it and mail it!



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  • snathan
    07-04 08:44 PM
    ^^^^^^^^^^^^^^^^





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  • gsc999
    08-31 02:45 PM
    Wear the Gear:
    California, thanks for showing your support! If you are on the fence and still deciding to attend the rally or not. Do what the sheep did, jump the fence and put the issue to rest or sleep :)

    I ordered my IV T-shirt, it looks cool, with California printed on the back. It takes a couple of days in the mail so order now. I am excited about the event, it would be fun.

    Flaunt that Flag:
    We are ordering American flags and California state flag for the rally.
    Who wants to carry the California state flag at the rally:)? This is an honor so who ever volunteer's first gets to hold it and probably get on TV. You will represent the Silicon valley.

    Guys in Nor. Cal. Can you help me carry some stuff to DC? I have some T-shirts I need to get to DC.



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  • MDix
    02-11 01:58 PM
    That's absolutely right.
    I personally think Mr. MPADAPA's assumption is wrong. Last year (2008), the spillover came from Family quota of 2008. Spillover from Family or Employment quota of a particular year cannot be given to the following year. So the fact that there is nothing left from the family quota of 2008 doesn't change any situation here.

    So, this year the spillover that Employment category can get from Family quota will be the unused numbers of 2009 Family quota.
    This is just my thought!


    Thanks,
    MDix





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  • delhirocks
    07-02 05:11 PM
    To all:

    Can everybody please let us know how much money you have spent so far to file 485. We have contacted reporter and she need more information from us.
    Please do this asap.

    Just put total amount you have spent for 485 like Medical cost, attorney fees, mail service, birth certificate, cancelling your planned trip , photos and so on.

    http://economictimes.indiatimes.com/articleshow/2166260.cms

    Thanks.

    485 for 2 people

    Medical: $900
    Photographs: $60
    Expenses occured in expediting paperwork from home country (next day fedex, notary fees etc): $100

    Non-Monetary costs
    My wife & I can't plan a baby, for the next 6 months. (We had been going down that path)
    Drove 120 miles to get medical
    Missed 2 days from work



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  • ebizash
    10-03 10:32 AM
    Thats great! Sorry I have been down with Flu and that why could not reply to your earlier questions about LUD on 10/1. I have not received any LUDs since 9/29. Hopefuly I will see some action in next week or so.

    Just a quick update on AP Case- Today the e filed application got approved The total time it took is about 10 days from filing to approval.


    e filed on Sept 23 and approved on Oct 2





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  • bujjigadu123
    03-03 06:05 PM
    Did you wire transfer funds too many times in larger amounts?

    Hi

    Sorry for the delay in response... I did transfer money but not a large amount. Around three or four times I transferred around $3K for personal purposes.





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  • JunRN
    06-06 10:37 AM
    Going back to the supplemental AC21 memo:

    Imagine an IO who has a very bad mood for the day. Then he receives an AC21 letter for the case he is processing and saw that the i-140 of the person is not yet approved.

    And he thought: "Oh....I would raise an RFE for this and see if the previous employer still respond to it".

    Do you think this is a plausible scenario?





    mallu
    02-12 05:10 PM
    He is ***ing desi employer and is counting on me as if he has to take some personal revenge..please kindly suggest all available options..?

    Can i file my taxes thru HR block on basis of his paystubs(and checks) and bank statements?

    I came here in 2000 through a desi consultant. After landing, he made me a sign a contract that i won't leave him within 1 year or else i need to bear fines ( he didn't tell this while giving offer letter in India ). Then later he kicked me out after 1 year ( because of bad time there weren't much projects ).





    Redeye
    12-13 11:19 PM
    Understand that, but do you really think (s)he is worried about that at this moment any more than his next board meeting with the board members and CEO. Not increasing H1B quota itself and allowing lottery for highly skilled program, go figure sends some signal that they do not care if you graduate from MIT or from an unknown university in tahiti. How do you really test highly skilled??? by lottery?? dah!!!

    From a senator or CIO level of view if you can get it cheap why not. It comes down to Toyota carolla or Mercedes CLS550 when you are only concerned about getting from point A to point B, enjoying the ride is not in question here.