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  • jack_suv
    07-20 10:49 AM
    After analyzing the normal benefits of filing 485 are:

    1. get Advance Parole so no need to go for visa stamping
    2. get EAD for spouse so spouse can start working

    Other benefits but rarely used.

    3. AC21 portability. This is rarely used as it may generate unnecessary RFE from USCIS.


    For unmarried both the normal benefits are not applicable since you need to be on H1 to bring spouse on H4; and since no spouse no need for EAD for spouse.

    The only true benefit for unmarried is AC21 portability with H1 transfer under layoffs or low salary.

    The big negative is spouse loses H4 on GC approval if your PD is not current before GC approval unless a status change had already been made.





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  • NolaIndian32
    08-31 01:54 PM
    At the risk of sounding like a broken record, please read my earlier posts on re-using finger prints through the BSS (Biometrics Storage System) implemented a while back by USCIS. Only a small number of applicants will get a second FP notice. See the below for more information:

    http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/23795-2nd-finger-printing-notice-anyone.html#post318744

    Thanks for re-posting this. I obviously missed all your previous posts on this topic. It gives me some hope for approval next month; I haven't received a 2nd FP request since 9/28/07. (I have an LUD, I have an LUD yay!)


    -Nola





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  • pappu
    10-30 01:37 PM
    See this link, give your comments ( I suggest to be brief & to the point).

    http://blogs.usatoday.com/oped/2006/10/immigration_is_.html
    pls. try to also post IV link in your reply on usatoday.com





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  • bestofall
    07-28 04:27 PM
    CIS Ombudsman's 2008 Annual Report: Your Questions and Comments" Tuesday, July 29, 3 pm EST - New 07/14/2008

    Is any one would like to join this !



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  • shana04
    08-14 03:49 PM
    Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
    Also kindly let me know how can I proceed if I want to file a DOL complaint?


    No you don't have to wait. find new employer and file a case on your employer.

    According to H1, no matter he has to pay you.

    Ultimately he can recover money from vendor, but he is deniying pay to you.

    other frineds have suggested so just follow them.

    good luck. I know the pain. sorry for you.





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  • seekerofpeace
    04-23 04:54 PM
    Hmmm you may be right.....

    Well then I'd have to inform them....But still the attorney always gets a copy of an RFE right since I had it through the company attorney....

    As far as getting GC is concerned I am still far from that stage.....so there is no chance of missing that....I am not counting on it....

    But since I have signed that G28 form ....attorney always gets a copy of the correspondence from USCIS....

    All this is to avoid getting an RFE (for extraneous reason like address change) while I am unemployed ...

    Correct me if i am wrong.

    SoP



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  • desijackass
    11-02 09:34 AM
    I got my H1 B stamped in Oct 2010 at the Vancouver consulate.

    Step 1:
    The first thing you need to get an appointment at Vancouver consulate is to visit their website (Vancouver • U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/vancouver.asp)). Instructions on the website are pretty straightforward. Use the online system to enter all your information and fill up the DS160 electronically. Upload a recent photo (within 6 months). I saw a number of people have to produce newer photos when I was at the consulate because the ones they provided were too old. If you screw up on that , don't worry there is a photo booth inside the consulate (that is super expensive) and you can get pics there. There is also a store across from the consulate where you can get pics.,\
    Once you fill up your DS 160, continue the application process for the visa, and at the very last step you can request a date. I did mine a month in advance and I think the system releases dates only 1 month in advance. My appointment was on Oct18 and the system allowed me to change dates upto Oct 15. Pay the online fee using your credit card and make sure you have a printer handy. The reciept they send you is important and make sure you print it out immediately. I did not find another spot where you could print it.

    Step 2:
    Now that you have an appointment , if you are Indian , you will need a valid visa for Canada. Goto the Canadian consulate website for the USA and depending on your nearest consulate send the application. Please remember the Canadian consulate is not as efficient as the US consulate and allow at least 3 weeks for them to process your visa. Mine took over 15 days and they sent the passport back regular ordinary mail. The passport reached a day late , so I had to rebook my airline tickets. If you plan things well , you can get your passport back and book tickets then. I have read online that you can send them an express mail cover , but I didn't see anything of that sort on the website, you can try it, worst case you will be out $20. The Canadian form is a pain , but once that is done, just mail everything in. For Canada I said reason for visit was "tourism" , didnt really talk about the Visa renewal. I included bank documents, and last 3 paystubs. You don't need a valid US visa to go to Canada because technically the H1B document is valid for return.

    Step 3:
    Assuming you have got your Canadian visa, buy airline tickets to Seattle, it is much cheaper than buying tickets to Vancouver. Once there there are a number of ways to cross the border. You can be super cheap and take a bus , or if you have friends and family you can rent a car and drive across. My car rental rate for the whole week was $275. Vancouver has a great public transport system and you do not really need a car there.
    I crossed over at midnight so there was no traffic, the lazy Canadian border guard didn't really care , barely looked and my passport and waved me through. (Makes sense that they don't care that much because the US is so strict, if you are here and crossing over, you are probably legal!) Don't take any food across, thats one of the questions they ask you, and if you do have any , it would probably be a hasssle.

    Step 4:
    Now that you are in Canada, you don't have to stay downtown Vancouver. I pricelined a hotel (Hilton) in Burnaby, which is the next suburb also called metro town. $75 a night , whcih was a great deal for the hotel, right across from a really large shopping mall.It was also 5 mins walk from their sky train system.I would suggest getting a hotel for atleast 3 days. and then getting more if you required. So I parked my car there. Monday morning , interview day, I took the skytrain downtown, I think the stop was waterfront or the one before that, sky trains are empty, fast and efficient <20mins to get downtown and $3.5 for the ticket. 5mins walk from the station to 1075 w pender street where the consulate is located. There are hardly any signs, so you may have to ask around. Hint: the consulate is in the same building as the Starbucks. Don't bother going early than 20 mins, because you will just stand around waiting. 20 mins in to your appointment, make your way to the consulate.
    You will need your passport, supporting documents (just the bar code DS160 reciept), pay stubs, H1B notice etc
    They will do a preliminary check at the entrance,DO NOT TAKE YOUR CELL PHONE or any electronics with you, you will be sent away.
    After that you go to this dull , drab room, where you sit around for about 1/2 hour till they check your docs and wait for finger printing. They are usually very friendly there, any discrepancy , they let you correct it, not like Chennai where they kick you out.
    After 1/2 hour I got finger printed then was taken up to the 20th floor, where I had to wait for 5 mins.When my number was called.
    I then went up to the counter, the lady asked my what I did, where I worked (Usual BS), it was my third renewal, so it was pretty lax. I work for a Big 10 school, so it wasn't much of a problem. I was done in 5 mins, and she said that she was sticking sticker on my passport so I could come back on Wednesday and pick it up, or I could have it sent to DHL, I said , I would come back.
    I was out of there, I then explored Vancouver for a couple of days, went back to consulate on Wednesday when a security guard handed me my passport. I pricelined the same hotel and extended my stay for a few days, then drove back to Seattle.
    On my return, my entry was smooth, they checked my paperwork, american border guards were very efficient and friendly. It was a half hour wait at peach arch, and I was there at 7 am. I did notice lines getting bigger. I had to pay$6 for a new I-94 and then drove to Seattle airport and was out of there.





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  • gandalf_gray
    06-02 11:33 AM
    Nothing would change. If any, it'd be for better I guess.

    So you dont know what the "last" action would be. If your L1 extension gets approved immediately with premium processing and H1 approval comes later with COS, then you dont have to go out.

    If the situation is reversed, then it would be 1st or 3rd scenario, since 2nd scenario is not applicable.

    just one more Qn:
    My L1 ends Sep 3rd week.
    If I decide not to do extension, is it ok to stay in US for those 2 weeks until Oct1. so I can start working under H1 ?
    those 14 days out-of-status : How bad is it ?

    thanks.



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  • pbojja
    11-06 10:03 AM
    Hi

    Immigration gurus - any suggestions/comments? Is this normal?

    Thanks!

    I got couple of weird updates in November one on my EAD and other on 140 which was apporved in 2006 .

    I received my EAD in October but in November they updated my EAD again to approved on Nov XX 2008 , If this is true I should receive one more EAD but I did not.

    Again today the status of my approved 2006 I140 changed to approved on Nov 5 th 2008 , I dont know if this is real . I will know in few days if I recieve other approval.

    For me I m not worried because both of them are approvals again .. Your case is different but as long as you have your approved 140 you should be ok . But if you do not receive any update in few weeks I would suggest you take info pass appointment and check with them , dont take it easy.





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  • cbpds
    02-11 01:26 PM
    you can send it via usps , it will reach in 10 days.

    Disclaimer: Again there is always an element of risk in life :)



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  • paskal
    11-01 11:42 PM
    1. there has been a recapture for nurses once already- 50,000 GC
    therefore older PD's are likely to have a GC already, this lot is likely to be for newer applicants

    2. last time USCIS did this in a way that did not benefit EB3. instead of starting with recapture numbers right away, they first exhausted the regular quota, so all nurses already coming up for GC got numbers from the annual quota, then they gave recapture numbers to people with more recent applications

    of course, either way in the longer run it reduces the number of people in line. but it would be nice if everyone that is waiting could benefit, not just nurses. i'm not writing this to oppose nurses relief or anything, just a factual comment. i do wish they had found a different way- exempt nurses from the quota and allow recapture numbers to be used for everyone...





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  • SunnySurya
    08-21 02:45 PM
    Yes that is correct!
    Here you go. Are you one of the air signs ? :D

    If your answer is yes I will guess you sign



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  • Munna Bhai
    05-08 10:31 AM
    http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2007/05/06/wchina06.xml

    Atleast home countries recognize our potential.





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  • PlainSpeak
    01-13 10:06 AM
    I am working on h1b now but my 485 is pending for more than 180 days and have Valid EAD which I didn't use so far.
    Since you have a valid EAD you are good status vice. Of course you moving to EAD is letting go of the safety net of H1B but that is something you have no choice on. Make sure you apply for EAD extension excatly 120 days before the expiry of current EAD. Since you are EB2 2006 most probabaly you will only get 1 year EAD

    If I get laid off and my employer cancels the h1b, Am i out of status?
    If you get laid off because of cost cutting (and not because of performance) you might get some money form teh company depeneding on your number of years of service. You might also get extended medical coverage for your family fo rthe same rate which goes out of your paycheck currently for some time (CORBA rule). Employer will most probabaly cancel your H1B since total H1B count for each company is kept an eye on by USCIS. Cancelling of H1B will NOT make you out of status since you will automatically move to EAD. Best thing right now for you will be to not worry about layoffs but to start search for a new job .Remember on EAD a permenant open ended job is better than a contract job with a end date. If you have the option do NOt join a staffing firm.

    2) Can they cancel my approved i 140?
    Yes they can because a 140 shows a companies ability to pay and if they need to proceess new GC they wil have problem with existing 140 which tehy do not need to hold since candidate has left. Most probabaly in your companies case since they are in a bad situation financialy they might not cancle 140 because cancellation costs money too. In any case register your 140 on USCIS case status website and keep checking it everyday for any LUD's. If an LUD happens on your 140 and IF its because of company cancelling the 140 uSCIS will send you a NOID (Notice of Intent to Deny) which has a time limit of 30 days to reply. The reply will be that you have joined another compnay with similar job and ur AOS intent is satisfied. For that to happen you need to have another job if and when you get NOID. If no reply is made to teh NIOD then USCIS will cancle your 485 and tat would be bad for you

    3) I am planning to use EAD for my next job, How much time do I have to find a new job to be in Status?
    See above ....

    Hope i was able to help you. I went through the same thing so if you need additonal clarification go ahead and ask me



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  • cal97
    08-17 02:37 PM
    If you had both your I-140's approved not sure why your attorney refused to go in for a I-140 substitution. Thats very weird. Should have been done in the first place. Why would someone not want to use an earlier PD :mad:?? Beyond me. If you hired the lawyer, give him your peace of mind. If he/she is a corporate attorney make sure to talk to your Manager/HR to get things fixed up.

    You should be able to substitute it now as far as I know. Consult a good lawyer.

    My I485 was filled with EB3/PD Sep 2002. That time I had EB2/PD-Sep-2004 approved too but my layers said that we should file with �EB3/PD Sep 2002� and when I asked them to combine my EB2 with �EB3/ PD Sep 2002� they said USCIS will reject it.,
    Now as EB3 is unavailable, is it possible to use my EB2 approved I-140 with already filled I-485 ( which was filled with EB3/PD-Sep-2002) so that I can retain my EB3/PD-sep 2003 but change the preference category to EB2.





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  • akred
    02-25 02:25 AM
    with employer B can I count that year before they filed for labor that I was under H-1b or I cannot count any experience gain before the labor was filed with employer B at all? I think that is the key question here.

    You cannot count any experience gained with employer B unless it was gained while working in a different (substantially dissimilar) job.



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  • va_il
    12-27 01:49 PM
    With a EB3 PD of July 2002 from IN what can i expect after this May 1st hurdle being crossed.

    Any insight would be appreciated.
    Clueless i guess.





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  • austingc
    12-24 10:32 PM
    H1b extensions can be done based on approved Labor alone. You need i140 only if you need 3 year extensions.

    You mentioned the extension filed is based on approved labor. You I140 status does not matter for 1 year renewals. This is my own experience.

    Best of luck on your 140




    Cheeers !


    Varumo_varatho,

    Your 140 is filed based on your labor and it is denied now. How will USCIS allow you to extend your H1B with a denied I-140? Technically once you filed I-140 then the labor has no value and you have to take action based on I-140. The rule is you can extend your H1B based on your pending labor or pending I-140 or approved I-140. That means once you file I-140 then do not hold your breath to file an H1B extension based on your labor.

    Can you tell us your personal experience that how you got your H1B extended with your I-140 denial?

    If you don�t know anything please do not give your 2 cents here. Nobody asked your wrong opinion and no one is longing for you to post some false information here.

    I would suggest you to change your screen name to Thriyumo_Thriyatho





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  • file485
    09-26 05:13 PM
    Hello,

    I am in serious trouble. Sometime ago I tried to switch my I-140 from EB3 to EB2. Now I get NOID to deny 140. Something related to prevailing wage (lawyer has actual letter). In my LC the offered wage was OK for EB3 but low for EB2. Lawyer says he'll try to reinstate EB3, but not sure. Has any one of you been able to reinstate EB3 140? Please help...

    GCTrouble..

    can you give in the exact scenario...I think many-many of us are just is in the hope to use the old EB3 PD to a later EB2 PD and get out of this hell hole..

    As much as I know,we must have both EB3 and EB2 140's approved separately and during filing of 485 submit both the approved i140's with the earliest PD..

    Anyone who knows about this ..pls comment what is the right way to do this stunt..





    ArkBird
    07-29 06:29 PM
    This is my job description before being director and as per my lawyer (absolute hearsay) , "The very purpose of AC21 is to give us relief from working for same jobs over number of years and this is natural progression of job.you are in your SAME field. If it was Director of Finance of Sale, it's big no no but in this case you are just growing vertically i my professional career. USCIS has very liberal policy in this matter

    And yes, you don't have to inform USCIS about it.

    Good Luck with your new job!





    rajuram
    06-06 09:32 AM
    I also got the interview letter today in Dallas. mine is also PD Jul 2003, EB3 India

    Did you see any LUDs in the recent past?



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