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  • Munshi75
    06-13 02:09 PM
    Thanks for all the information. Mine and my spouse's I-140 was approved 2 years ago. So, I guess I can apply for my EAD and live in this country legally.


    This is the feeling I got reading from different forums for few months, as soon as your employer revokes your H1B, it might trigger a RFE from USCIS asking for all details and your employment. It will be difficult for you to deal with such a situation unless you immediately find another prospective employer. It is better to apply for EAD while on H1b beased on pending I-485.





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  • admin
    01-29 11:50 AM
    Earlier many of us were happy that as per AILA's report, the effect of retrogression might be significantly reduced. Now lawyer Mathew Oh has come out with the some analysis as to why this exuberance might be showtlived and why we need to fight for legislative reform with respect to Employment Based Green Cards. So remember "It aint over till its over".

    Here is an excerpt of his analysis from http://www.immigration-law.com/


    The State Department's new prediction is derived from two changed circumstances. One is the slow-down of I-485 adjudications by the USCIS and the resultant decrease of the EB visa numbers demand on the part of the USCIS. The second factor is the delays in processing of the old labor certification cases in the Backlog Eliminination Centers of the DOL. It is not clear what has caused the decreased visa number demand from the USCIS EB-485 proceedings, but it may have something to do with the on-going reengineering of the USCIS processing and adjudication system. As for the Backlog Elimination Centers, they have yet to complete the ground work of data entry and 45-day letters, before they can focus on adjudication of the backlog applications. Currently, the USCIS is scheduled to complete the reengineering by the end of September 2006 and the DOL is scheduled to complete the ground work of data entries and 45-day letter processing by approximately the end of June 2006. As we reported earlier, a substantial number of these BEC cases are known to be 245(i) cases, meaning that the cases were filed in traditional regular application type of EB-3 in most cases on or before April 30, 2001. A substantial number of these cases have yet to go through the "supervised" recruitment process to complete the labor certification processing and it will take a substantial period of time before these cases will move into the USCIS I-485 processing system.

    From the foregoing analysis, one can predict that the big winners of the new prediction may include (1) those old priority date I-485 cases pending before the USCIS including 245(i) cases which may be approved within next several months; (2) those old priority date I-140 cases pending before the USCIS which may at least move into the I-485 phase and getting the benefits of EAD, AP, and AC 21 change of employment eligibility; and (3) those old priority date backlog labor certification cases which can move into the I-140/I-485 concurrent filing phase upon approval of the delayed backlog labor certification processing with the ancillary benefits that come along with the filing of I-485 applications such as EAD, AP, and AC-21 change of employment benefits. It is anticipated that the cases under the foregoing (3) may remain very limited in numbers due to the BEC processing delays.

    The real losers may turn out to be those with late priority dates. Once the USCIS reengineering work is completed by the end of this fiscal year and the BECs start processing backlog cases en masse around the end of this fical year, the stream of visa number demand will move into the State Department visal allocation system. The pressure to the allocation system will mount tremendously as time passes, and unless the Comprehensive Immigration Reform legislation brings a cure to the current ailing immigrant visa quota system within this year, it is likely that these late priority date cases may experience tremendous difficulties due to the stand-still or further retrogression of the visa numbers and the resultant unavailability of the ancillary benefits of EAD, AP, and AC 21 change of employment opportunities. It is anticipated that the real crisis may be witnessed beginning the end of this calendar year as by that time it is anticipated that the BECs are expected to pump out certifications of backlog cases.

    It is thus obvious that the new prediction of the State Department can turn out to be a short-lived relief for a limited number of immigrants and a sign of foreseeable dark cloud and storm moving into the visa number system for most of the immigrants. The only answer to the clogged employment-based immigration system lies with the reform of the employment-based immigrant quota allocation system and related reform, including but not limited to (1) dependants immigration without taking out visa numbers from the employment-based quota system and (2) eligibility of I-485 applications for those who attained the labor certification approvals or I-140 petitions even during the period of visa number unavailability. For these reasons, the immigrant community should not stop its efforts to bring back (1) the legislative proposals which were reflected in the failed Section 8001 and 8002 of S. 1932 and (2) the adjustment of EB-immigrant quota substantially upward as reflected in the McCain-Kennedy bill.





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  • roseball
    04-12 01:18 AM
    Its not too late yet....You will get H1 extension beyond 6 yrs if you meet one of the below conditions:

    -- labor certification is pending for 365 days ---(This is not applicable to you)

    -- I-140 is approved -- (You have a chance with this option)

    Apply asap for labor certification. With the PERM process it usually takes 2-3 months to get it certified. Then you can apply for I-140 in Premium Processing and get it certified within 15 days.

    Make sure you hire a good attorney and push to get the 2 stages cleared fast. Then you can file for H1 extension and get a 3 yr extension with approved I-140.

    Good Luck..





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  • BECsufferer
    03-19 01:03 PM
    Hello Everyone;

    I recently posted a thread on our buying house expereince, while that was chapter in itself, there is another one that has recently opened up. Allow me to elaborate;

    When you buy a house ( as most know) lender sets up an arrangment with Title company. You actually pay for the expenses and title company carries out the work. So as part of the paper work, this title company was assigned to put together, they sent me a copy of the whole deal for my records. Now, the person who was handling the package at title company, sent it to the address on my driver license. Happens to be that right next day from the date of closing, I left this place an moved into my house. So when the package arrived via Fedex, their was no-one their to claim, so the Fedex guy left it on the door step. After more than a week, the title company contacted me via phone asking about why I haven't signed up those documents and sent back. Surprised I asked about when they sent and to what place? that's when we discovered that the package was delievered to wrong place. So I asked them to ask Fedex to go fetch the package and send it to my new address. So now Fedex reported, that the package is gone! ... I contacted apartment office and no-one turned in such package. I called back the title company and informed them about all this and complained about loss of personal information. I asked them to pay for identity protection program, which they have refused.

    So my question is what legal course do I have to ensure they pay for my ID protection. I am really furstrated with the way these people do work. Instead of accepting negligence they are refuting my greivance. I have never hired a lawyer nor has taken anyone to court, but feel cheated.



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  • sbay2006
    06-29 10:49 AM
    When I went on a vacation to India, I had a valid H1B visa stamp that was valid for 30 more days. I also had an approved petition for extension.

    I could have gone for stamping, but I chose not to and when I came back I showed them my H1B visa which was valid for 10 more days and also my extension petition. I was sent to Secondary Inspection (you can also be sent here in case you have an AP, nothing to be worried about SI, it very common nowadays). In that, a senior IO looked at both and then stamped my I-94 till the end of the extension petition (Oct 2010).

    Though your situation is slightly different - you dont have a valid H1B stamp when you go to India, you can go to consulate and get it stamped with current H1B petition and while coming back you need to show the IO at counter both the VISA and the extension. Better yet, as some-one suggested, present both petitions to embassy in India and see how they handle it.

    Have a safe trip..





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  • izolo
    06-07 06:10 AM
    more questions:

    1- if I apply for extension before the I-96 expiry date and it will get deny after the 180 days of my I-94 expiry and before the 240 days, can I stay to file a new petition which will be on the next April? will I be out of status?
    2- during this time ( after applying and before getting the result) can I apply for H1-B transfer?
    3- Do I have to go back to my home country if it is approved to get the new I-94?
    6- Does anybody know where should I ask for duplication as I dont have the originals?
    7- can I apply for GC instead of extension with the same employer? will this help?

    I just need one year to be there legally, then my husband who is a dentist can pass the exams and apply for F1,Please help me, any suggestion?



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  • ohguy
    02-12 10:42 PM
    No I did not receive any RFE earlier to this. It was in that Initial Review status all the time.





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  • malibuguy007
    10-01 06:28 PM
    Sorry forgot to put the confirmation number in 86FWC-M9PFC



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  • urpal
    06-22 08:11 AM
    Hello,

    I got my EAD through my primary Employer. I am currently working on EAD but with a different Employer (NY State Agency) who doesn�t encourage GC processing, so did not file my AC21 and been working for over a year now. I still have good rapport with my primary Employer. Now I am scheduled to go to INDIA for few weeks, my question is " whom should I say is my Employer " if the immigration officer asks me at the port of entry (JFK). Please advise as I will be carrying my current pay stubs.

    Thank you





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  • rajeshalex
    08-14 02:58 PM
    Send the photo to USCIS and also sent the RFE copy to ombudsman



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  • up_guy
    01-07 09:01 PM
    Memphis TN..
    Please add me in local chapter





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  • smsthss
    11-15 01:13 PM
    I am working as a full time emp and not as a consultant. So i think i dont have to worry about client letters.

    So according to you, i am eligible for another 3 year extension based on approved I-140 irrespective of whether my I-485 has been filed or not?

    What i have been reading in some forum is that, if you have an approved I-140 and if your I-485 has not been filed due to retrogression, then you are eligible for 3 year extension. If you have an approved I-140 and if you have already filed your I-485, then you are eligible only for 1 year extension.

    If anyone has been in such a situation, if you know please let me know which one is correct.. or please forward me to any article.

    smsthss:
    1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.

    2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.

    Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)



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  • kumar1
    11-24 12:57 PM
    IO would not give I-94 for more than 6 months (180 days). The moment your parents cross 185 days of stay in the US, you can claim them as your dependents for tax purposes. They do not want that to happen. Are you thinking in those terms?

    Gurus, can you please let me know your opinion on the below item? thanks a lot.

    I am thinking about having our parents visit us next year. I am planning to have them here for about 185 days - more than the usual 180 days. Do you think there would be any kind of problem with getting the I-94 at the port of entry if we have the tickets booked? Did any do this?





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  • ssd213
    02-25 04:53 PM
    Bear in mind the following

    You dont need to pay any tax in India for money that you withdraw from your 401k for only upto two years after you return back to india. (your are no longer a nri and the 2 years is the buffer)

    For any money you withdraw after 2 years, you need to tay tax in US (which shouldnt be a lot if you withdraw little by little and you being non-resident of usa) and also pay tax in india (which could be quite a bit)



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  • roseball
    01-07 02:20 PM
    I want to apply for my OPT extension. I am currently on 12-month OPT.

    I am too close to my deadline. So guys please reply ASAP.

    I found 2 contradicting information on USCIS website.. Please help..

    USCIS - Instructions for Electronically Filing Form I-765 (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c646065d85cee010VgnVCM1000000ecd190aRCR D&vgnextchannel=9059d9808bcbd010VgnVCM100000d1f1d6a1 RCRD)

    Who Is Eligible to e-File This Form

    Except for those categories listed above, applicants falling in the categories described in Part 2 of Form I-765 Instructions are eligible for electronic filing.

    Category 274a.12(a)

    .. Blah Blah Blah

    (18) L Spouses

    Category 274a.12(c)

    (2) Dependent of TECRO E-1 Nonimmigrant
    (3)(a) Pre-Completion Opt 12 Months
    (3)(b) Post Completion Opt 12 Months
    (3)(c) 17-Month STEM Extension

    Allright so this says WE CAN


    Now look at this link

    USCIS - Application for Employment Authorization (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73ddd59cb7a5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=7d316c0b4c3bf110VgnVCM1000004718190a RCRD)


    Electronic Filing:

    Please note that the option to file Form I-765 electronically for the eligibility category (c)(3)(i) has been disabled. The option to file Form I-765 electronically for the new eligibility categories (c)(3)(A), (c)(3)(B), and (c)(3)(C) is currently not available but will be available shortly. When this option becomes available, an update will be posted to this page. The option to file the Form I-765 for the eligibility codes (c)(3)(ii) and (c)(3)(iii) remains in effect.

    From above it says, WE CAN'T
    Any ideas any one ??


    Also my another question is with Form I-765
    Question 11. Date you applied for previous EAD ??

    OPTIONS:
    Notice Date
    Receipt Date
    StartDate of Previous OPT
    ExpiryDate of Previos OPT
    Granted Date(How do i know that??)
    Received Date


    Thank you..

    From the above, it seems the option to file F-1 based OPT was available online at some point but for some reasons currently is disabled. So you cannot file online.





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  • pmb76
    08-20 08:39 PM
    I'm waiting as well PD Nov 2005, I-140 approved July 2006. RD July 2, 2007.



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  • fullerene
    12-14 10:39 PM
    I don't know how many people will that invitation allow for the meeting? I can join and we can present some things to the congressman. Please PM me and we can touch base.

    thanks,

    Very glad to hear that. You may visit his website and email or call for reservation.





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  • Asfandyar
    08-20 07:59 PM
    The Respective SKIL Bills are currently infront of the House and Senate Judiciary Comittees. Please contact the members:

    House Judiciary Commitee(for SKIL Act [H.R.5744.IH])
    http://judiciary.house.gov/CommitteeMembership.aspx

    Senate Judiciary Commitee(for SKIL Act [S.2691.IS])
    http://judiciary.senate.gov/members.cfm





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  • sidbee
    04-17 06:27 AM
    Which state are you in? In CA you can drive till one year with foreign license. In case there is a traffic violation , or for some reason he breaks a red light the fines are 3 times the regular fine since he wont hold a USA license.

    Also the insurance companies have different requirements which you need to confirm with them.


    are u sure its 3 times?? can u please give me the link from the point where u got this information





    rockstart
    09-12 09:25 AM
    I just saw this in latest Murthy bulletin about USCIS using Wikipedia and other internet based sources to gather information. This is serious news.

    RFEs or Denials May Not Be Based on Wikipedia Information

    The USCIS has been known to use an ever-growing number of publicly available sources, including internet sources such as Wikipedia. AILA members have been receiving denials based on the USCIS's use of information found on Wikipedia, an online encyclopedia to which anyone in the world may contribute information. As such, it should not be considered an objective or completely reliable source of information. SCOPS advised that it has notified the service centers and there should not be additional RFEs or denials based upon Wikipedia.

    It should be noted that, as a corollary, applicants and petitioners should not try to use Wikipedia as support for their filings or arguments, since it has been deemed an unreliable source.

    Link http://www.murthy.com/bulletin.html





    beppenyc
    04-26 05:33 PM
    He will not vote for the same bill, but it`s clear that the next senate bill will be completely different from the past one.



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