Monday, June 13, 2011

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  • rameshvaid
    03-12 09:45 PM
    After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

    EB2- PB Dec2003
    485 Filed date: 08/02/07
    Texas service center

    congrats.. enjoy the freedom and keep praying for others in line..

    RV





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  • eilsoe
    10-03 01:37 PM
    OR... more... :evil:





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  • GC_LOOKIN
    05-08 11:27 PM
    I think if iam not wrong its not based of the priority date or anything else. Its just random
    we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..





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  • thomachan72
    03-07 09:32 AM
    Deadline added to this initiative to decide whether to proceed or not.
    please see post below for details.

    http://immigrationvoice.org/forum/forum14-members-forum/1599353-want-to-file-485-when-pd-is-not-current-gather-here-104.html#post2412248



    [QUote = ashwin_27]

    As suggested by several members on this thread, IV has set a goal of April 30th, 2011 to determine if there is even enough appetite within the EB community to proceed with this USCIS Admin Fix initiative or not.
    As we know the initial goal was to use this survey to determine how many members will be benefitted by I-485 filing without current priority date. Rough calculations using PERM data showed that at least 50-70K folks are waiting to file I-485 since July 2007 (around 5K-6K out of this number are those with PDs prior to June/July 2007 missed the July 2007 boat).
    So far we have had around 1200 such members respond. We need to see support of at least 5000 members in order for IV to launch the public action items. These action items include, but are not limited to, writing en-masse (i.e. in thousands) over 2-3 weeks to several concerned departments about the need for this USCIS administrative fix. Few other very interesting proposals/ideas are also being considered. All we need is our folks to BELIEVE that this initiative is worth investing in.
    The IV forum is the best place for the impacted EB community to gather and that is why the number of votes on the survey is a great indication of our frustration and motivation to work with IV for this important admin fix.
    So, we now have a Deadline and an Objective. It is up to our impacted members to decide on whether to still stick to silly excuses (why should I become a member, why should i vote on survey etc etc.) or DO something about getting this admin fix. It is surprising that we are not more desperate for this fix and are not convincing and pushing IV harder and harder to start working with USCIS to allow I485 filing with current PD (and all the benefits like EAD, AP that go with it).
    Are we more comfortable with the alternative - Waiting endelesslly to file I-485 (at least 2-5 years for post July 2007 folks from any category), keep depending on H1B extensions in an uncertain immigration scenario where H1B RFE's, rejections, visa denials due to "admin processing" etc are on a steep rise? The choice is ours to make.
    As a final reminder - please act and convince your friends/colleagues to participate in this initiative and send ivcoordinator@gmail.com the details requested below.
    Please keep following and participating on this thread to show your desperation for this fix.

    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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  • joydiptac
    03-13 02:11 PM
    Chorke na jao saiyaan... :D
    CONGRATS buddy!





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  • espoir
    07-27 04:06 PM
    The moment you use your EAD to get a part time job even you still are working fultime job, your H status is suspended. You can still work with your employer who filed your GC not in H status, but with EAD.

    In other words, you can only be in one status at any time. You cannot have H status and work on EAD at same time.

    What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?

    Senior pl give advice.



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  • sukhwinderd
    03-07 09:57 AM
    out of the country indefinitely and then come back lets say after 10 yrs?





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  • gchopefull
    10-02 03:52 PM
    just pm you.
    thank you



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  • telekinesis
    10-20 10:40 PM
    Oh shut up, you have a *beep* load of posts. :crazy:





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  • ppt.b
    05-16 09:36 AM
    Yes please include HR6039 as well in ur talk/discussion. It will definitely shorten the EB2 and EB1 queue.

    EB3 as well because I know many i-485 fillers who have MS degree in US but due to some reason theirr employers filled their LC in EB3 category. So it will benefit all EB categories.

    Lets try our best to make it a success!!!!:)



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  • fromnaija
    03-18 04:17 PM
    So it automatically changes the status from H4 to EAD. I have also confirmed this the officer about the status, he confirmed that the status will automatically changed to EAD. So H4 no longer exists for spouse if the spouse carried H4 earlier.

    Not true. Applying for and getting EAD and SSN does not invalidate H4; using the EAD to work does.





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  • ksvreg
    02-24 10:54 PM
    Thanks for the info. I read this before. I want to get the opinions based on the current trend. I just want to find out risk worth. (something like cost benefit in economics terms) :)



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  • Roger Binny
    09-01 02:14 AM
    Very good one, thanks OP.

    Some striking lines...

    “I thought they would be so happy in this country — all the houses, the food, the cars,” said Najia Hamid, who founded the Afghan Elderly Association of the Bay Area, an outreach group for widows, with seed money from Fremont. “But I was met with crying.”

    Young couples who need to work to support families have imported grandparents in part to baby-sit. There is a misguided assumption that baby-sitting is sustenance enough for the aging, said Moina Shaiq, founder of the Muslim Support Network, which brings seniors together. “We are all social beings. How much can you talk to your grandchildren?” Mrs. Shaiq said.





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  • sammyb
    09-04 05:31 PM
    I already got a denial of my wife's application and had to pay $585 for the MTR :mad: ... that would be a nice source of revenue for the agency...

    They have to advance the dates down the line to get more fees in order to keep the dumdums employed at the USCIS.........
    That does not mean it translates into GCs.....its just more people get EADs and APs and continued revenue for USCIS.
    I also won't be surprized if the fees go up in the next round.

    Also until the CIR is passed there is no way they will eliminate the backlog as that will mean giving up their "cash cows"===a.k.a "us".......

    Here is what I beleive will happen until amnesty is enacted(whether we like it or not our fate is tied to the illegals):
    1. Dates will be moved forward and backward randomly to get more fees from new and old suckers like us(everytime the dates move fwd they raise our hopes and we hang on longer).....they don't want us to leave...they just want us to keep paying for their jobs...so as Obama says......"keep the HOPE train alive" even if its not moving an inch.
    2. Increase the fees.....
    3. Increase the rate of denials: more denials mean more MTRs mean more revenue......

    Its a business and you will do whatever to survive.........nothing personal........



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  • wandmaker
    08-17 12:39 AM
    I'm on a H1B status and was initially working for Company A, with an approved Visa. I joined Company B and initiated a H1 transfer to them. I am on their pay role, however am on bench since i joined them. Its been 5 months and my visa transfer with Company B is still in Pending. Now, I have an offer from Company C, and am thinking about joining them.

    Meanwhile, since Company B has not been able to find work, they have indicated a termination of my employment if i'm not placed in the project by end of this month. I think i have no other optiion but to join Company C before my visa with Company B is cancelled. I have been advised to go for a premium processing of H1 to Company C, so that by the time i'm out of Company B, i have a good chance of having approved visa from Company C.

    1. Is it legal to transfer my Visa to Company C while my Visa with Company B is still in progress. Note that I have worked with Company B for about 5 months.

    2. Can I use approval notice from Company A and pay stubs from Company B to initiate premium transfer with Company C ?

    3. If i initiate a transfer with Company C, and later Company B terminates my employment, what will happen to my pending visa with Company C?

    4. Will H1 transfer with Company C get affected if USCIS gets to know that my pending transfer with Company B has been cancelled?

    5. Will it make any difference if I resign from Company B (after initiating transfer with Company C), before Company B terminates my employment.? Are termination and resignation cases treated in the same way by USCIS ?

    Please help, as i'm in a bit of a crisis about what decision to take. Any kind on response for the above would be appreciated.

    I assume you are on B's payroll and B is paying you with pay stub since you joined them though you are bench. If this is true -

    Provide company C with your A approval notice (and any other prior approval notices, if required) and B's H1 transfer receipt notice along with the B's paystub. Apply for premium processing ASAP - Most importantly do not resign until you join Company C.





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  • GCDelay
    11-30 11:22 AM
    bump



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  • ndbhatt
    12-03 06:27 PM
    Visa recapture should be projected as corrective action of wasting approved quota of visa which would otherwise have been utilize, if not for agencies inefficiency. So it is fixative action of already approved visas that went un-utilized.
    Dream Act needs fresh and prolonged discussions to understand the impact of it on USC in present economic conditions.





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  • amitkhare77
    11-16 12:19 PM
    you have to options -

    1. your employer files change of status H1 to H4 (form I-539)
    2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.

    please double check before you make any decision.

    Thank you for your reply.

    Even though we get a new I-94, it is still with my consulting company as the company does not give me my I797.
    If I go to India and apply for H4 again, then wont the officer ask me on why I am trying to get the H4 stamping again since it already has a previous valid H4 stamping on it? since there is no H1 stamping on my passport.

    Or can I go out of USA and get back on the same revious H4 stamping?

    Thanks,

    Arpu





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  • LostInGCProcess
    11-06 02:54 PM
    If I renew my H1B can I avoid visa stamping by using the AP travel document.
    You can use AP to travel and still be on H status, provided you are working for the same employer.

    I still intend to use my H1B as long as I stay with my current employer, but If I want to change employers or take a different job EAD would be the way to go, in that case would my H1B be invalidated?
    Yes. However, you can ask the new employer to sponsor you H1b and avoid using EAD.

    I am concerned if I use EAD for a future job and 485 gets into trouble can I fall back to my H1B easily?
    Its better to maintain H1 status till you get the GC.





    Ramba
    09-10 05:15 PM
    Hmm.. I though many people are there.. bumerr...

    Anyways.. I am shooting for EB2 category as I have my MS.. Few of my freinds here in office have applied for GC , but all of them have applied with MS + 1 atleast... I was kinda worried as my JOb code falls under JOb zone 4, how will i qualify for EB2 even though only having MS does qulaify for applying EB2..

    I know.. that a position should require MS or BS +5...rather than one having that degree..

    I was just wondering if there are some people who have applied under EB2 category with MS +0 experience....


    Thank you every1 for your prompt responses...

    MS+0--hard to sell to DOL, particularly in current economic condition, as unemployment rates are in double digits. It is also depends on the location of the job. DOL may belive that they can't find US citizen with MS+0, for the job in Alaska. !00% they wont belive if the job is in michigan or california, where the unemployment rate is very high.





    gcseeker2002
    02-12 05:17 PM
    Folks,

    employer's attorney claims that there is no such thing as H4 premium processing.

    Can anyone point me to the correct memo where Premium filing was made available for I-539 applications?

    I searched all Mathew-Oh updates dated one year ago and can't locate it.

    I need to get that h4 under premium ASAP so that I can transfer to H1 in April.

    Can anyone please help?
    My company cries about the costs for regular process, forget premium process , so i dont know.



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