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  • a_yaja
    07-12 03:39 PM
    Are you exempted from cap if you were on H1B in last 6 years or your received your H1 B in past 6 years?


    I was on H1B from feb 2001 to Aug 2004 and then moved to F2 and then H4 Will I still be exempted from cap though my initial H1 has been more than 6 years old.

    Thanks for help
    You may ne able to get H1B for additional 2 1/2 yrs.





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  • raj2007
    02-18 07:12 PM
    i did. different lawyers said different thing so i do not know who is right and who is wrong.

    should i make an infopass appointment and idscusss it with them?

    I will better wait for my I-485 approval than taking the risk. Infopass will not help much b/c everything will depend on Port of entry.





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  • gcdreamer05
    07-03 02:01 PM
    Please dont take risk travelling while the h1b petition is pending.

    I would advice not to travel during this case.





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  • nat23
    03-14 03:41 PM
    Thank you all for the responses.

    nat23,

    My mother is planning to come to USA during first or second week of may.

    Which city is she landing in the US? The reason I'm asking this is becuase my wife will be travelling from Bangalore to Detroit with my 4 month old kid.

    Do you think you can help out here?

    regards
    Nat



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  • lacrossegc
    07-30 03:44 PM
    Dude ,

    to clarify: my question was after you submit all the forms 1485, EAD, AP et all.... when does USCIS send out FP notices .... given the huge volume even receipts will take longer

    Within 4-10 days, after the USCIS sent the FP notice. :mad:





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  • sundar99
    05-03 10:49 AM
    I would think the more people call this reporter is better as Silicon Valley has significant influence, and also - the number of h1b concentration is very high.

    Mentioning the plight of EB Retro, Backlog, is the price one pays for waiting in line and respecting the law of the land !... --> Already people are pissed with Mexican Citizens calling the US their land and demanding citizenships (instead of referering to them as Illegal Immigrants, better to call them Mexican Citizens, and we should tell the US Govt to treat them like any other citizens of other countries). We should empahsise how the amnesty offer can set precedence for future influx of people and how US would end up as Latino country, if immigration is not controlled. This can be a sure catalyst for SJ Mercury times as they are trying to find ammunition to counter the Illegal protests..... Family based ones are not working out for them. H1B -to GC --> process will surely work for us and them..

    The reporter had no clue that EB Retro victims have been waiting in line for so long. THey are only aware of Family based immigrations. Please do call and let them know, they are not aware of the Back log waits as well... Do no assume most of the folks in US is aware of the legal immigrants wait. They do not know at all. It is time we spend few minutes with all avenues to ensure all get to know the issues faces by legal immigrants.

    Learning 01 -> I am not a new comer here, I joined before you and have contributed significantly too, when Aman requested me to join initially -> I was pissed by one or two people like you who discourage ideas, so stayed away, We need to explore avenues "instead of My advise - ignore them and don't post or start new threads here. Instead write letters to editors" your quote. How do you know this is useless ?

    Do you think Senators etc care about any legal immigrants ? We need to take all approach and not rule out avenues. it is very important. At the end no one is sure, if EB Retro Folks or Back log victims will get any benefit. We need to work as a team, instead of pissing people off !



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  • freddy22
    07-20 09:34 AM
    The Board of Immigration Appeals has ruled, in a unanimous, en banc decision, that an adjudication of youthful offender status under New York law does not constitute a judgment of conviction for a crime under the Immigration and Nationality Act. The BIA also held that the respondent's subsequent resentencing following a probation violation did not convert the youthful offender violation into a judgment of conviction. The ruling confirms that the enactment of a statutory definition of "conviction" (INA � 101(a)(48)(A)) as part of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) did not affect longstanding BIA precedent holding that juvenile delinquency offenses do not constitute convictions under the INA.





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  • Gravitation
    06-22 10:01 AM
    There are not enough numbers in the house to pass CIR. It may be pushed in Senate for political reasons and may pass easily, but there's no such hope -whatsoever- in the House.
    If CIR is to ever pass, 2009 is the best year.

    So, there's no hope of passing in what could the best possible year for CIR! Am I the only one to whom it all sounds very ominous?



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  • 21stIcon
    09-21 10:51 PM
    You will get tax deduction for interest you paid to lender. no matter what deduction you get at end of the year you end of loosing 60-70% of interest which would be more than you pay for rent.





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  • kaisersose
    07-16 11:52 AM
    That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
    I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.

    AOS is adjustment of status that starts when you apply for your 485. It is has nothing to do with using or not using EADs.

    AOS obviously is independent of H status. A H-1 can choose to continue to use the H status after 485 as the two can coexist.

    Like I said earlier, using EAD does not change the status.



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  • kannan
    07-28 10:25 PM
    I too got the same two mails. First mail on 20 th and last mail on 22 nd.Mine is approved from Texas on JAN 2006.My PD is Nov 2005,but I used only PD to apply I-485.My current AOS is from another company.Did you or your lawyer get any postal mail?





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  • xyz2005
    08-08 07:55 PM
    My H1 has been denied on Master's quota as I filed for H1 in April and I graduated in May. The reason for denial is that "on notice day, I was not graduate'.

    My EAD will be expiring in May 2008 and even If I apply for New H1 in next April, I can not start working till October 2008.

    In this bad situation, what are the option I have not to leave the country. Please advise as soon as possible

    Based on my limited knowledge and what I have read...you can join some community college during that time to do some short course in order for you to NOT GO OUT Of STATUS and this acts as a bridge. I think during this short course period you would have to go back to F1 and then convert from F1 to H1. The other thing is to go out of the country and re-enter again on H1. These are the only two options coming to my mind. But wait the third and more realistic option would be to find a position in any University related to your profession as then you are out of H1b quota. Good luck and warm regards



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  • cmanoj2000
    07-28 01:29 AM
    Came to US in 2004. But never was after GC. Applied in Feb 2008 EB2. So does not look like will get my GC in next couple of years.

    'cooler' has well said that value of GC has changed as life has progressed. Now thinking of going back as parents getting older. Plus daughter has US citizenship. If she wants to come back here, that is her privilege.

    Completing 40 SS credits next year. So can return after that. Bought home in 2006 at the peak of the buble so getting out of the house is probably the only hurdle left.





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  • hanu0913
    10-08 11:03 AM
    You'd have to wait for PD to become current to add spouse.

    Furthermore, if you get married before I-485 is approved, spouse may be added once PD becomes current, even though by then you have your GC.

    can you please make sure that some one can add spouse once the PD is current after the GC got approved and if some one is married before I-485 approval



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  • forever_waiting
    03-07 12:33 PM
    I fail to see how your questions have any relevance to this effort but anyway, below are my thoughts.

    How many members does IV have in total?
    Around 30-40K

    What % out of that total has not filed 485 yet?
    Maybe around 5K-10K. No one knows for sure. Getting to know this number was the purpose of the survey!!But that doesnt mean we should not reach out to newer members who do not know about this initiative and get them to sign up as well.

    Only if we know these two can we say that you need 5000 to go ahead with this plan.
    I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
    You are looking at it from a very narrow perspective. Think about how much persuasion it will take for Congress or USCIS to stick their head out and even attempt to consider this proposal! No one is waiting to create an opportunity for us to file I-485. Even USCIS knows roughly from their own data that there are >50-70K folks waiting to file I-485. They just wont acknowledge it because they know the status quo works for them and they are following rules. If we go to them with 1000 letters, the impression will be that less than 2% folks are really desperate for this fix. So why should it even be considered.. especialy considering the climate in the Congress where several anti Congressmen/Congresswomen are waiting to shoot off a letter to the USCIS asking for clarification on why they are doing even very minor (much much smaller than this admin fix) favorable actions for EB immigrant applicants.

    1200 seems to be a good number

    If you really think so after reading the response above, Pls go ahead and convince IV-Core to proceed with 1200. Contact pappu or starsun.


    Good post but we need more information.
    How many members does IV have in total?
    What % out of that total has not filed 485 yet?
    Only if we know these two can we say that you need 5000 to go ahead with this plan.
    I think 5000 might be too big a number given the total membership and number of those who have already filed 485.
    1200 seems to be a good number.





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  • 123456mg
    07-29 04:22 AM
    Hello everyone,

    I recently filed 485 last week for myself and my wife. I am planning to go to school next year fall. I am expecting to get my EAD before that, but I dont think my 485 will be approved by then. If I go to school, will my 485 be cancelled ? Please let me know.

    Thx,
    Prabhat

    I guess if you are not doing a similar occupational job, it will be difficult for you to explain it to IO if they happen to schedule your interview. Though the chances of such interviews are not so many, probably the USCIS officer may get a point to reject your case.

    Looking at the coming trend in immigration based politics, they do not like educated people anyways....

    This is just my opinion.



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  • av2307
    09-03 03:18 PM
    By the way - harrdr , I'm exactly in the same situation - PD May '08 , I-140 approved and i have a very enticing full time offer from a Major financial firm. But i don't want to jeopardize my chances to get a GC in the next couple of yrs ( given that EB2 dates have moved forward substantially last month).

    Please keep me in loop in case you find anything else about the situation. I'll do the same.

    TIA
    -A





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  • amoljak
    05-03 07:32 AM
    If you have enough time or not depends on if your country of origin is retrogressed. In your case retrogression will help you.

    You do not need to be working for the new employer for them to start the green card process. So no need to wait for H1B transfer. But most employers would not do that.

    To get one year extensions, Your case has to be pending for at least a year. That clock starts when you apply for labor. With PERM there is two months of recruiting (one month recruiting and one month cool down) before you can apply for labor. So it looks like you will not meet this deadline. (You may be able to extend your current H1B for the time you were out of the country)

    So your only hope is that your labor certification goes through and your I140 goes through and your country is retrogressed. Then the one year rule does not apply and you can extend H1B for three years.

    So pray that congress does not fix the retrogression problem until you get your three year extension :)





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  • gc_kaavaali
    12-24 10:17 PM
    Okay...i will try my best to keep this thread on top...

    This thread has to stay on top





    needhelp!
    10-09 05:56 PM
    for your help in the past and look forward to continue working with you.





    shana04
    08-03 11:42 PM
    Why is it that people who have filed after me have already received their notice and had checks cashed? I thought it is based on when the application is received is how they process- I am freaking out thinking that my application fell behind a desk somewhere....

    I can understand your frustration, but not abuse language please. We all are going through the same trauma.

    Libra has not said any thing bad and you do not have to fell bad for it or use any absue language.

    We should stand united and not fight among our selves.

    God bless you and your family and I would pray God that you get your checks cashed atleast before me.

    Keep faith in God my dear friend, one day we all would be set free.

    Good luck to you and Libra and all other friends here in IV.



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