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  • pappu
    11-03 10:36 AM
    The wicked witch is dead. As for me I have packed my bags and moved to Canada. I first came in 1999 as a student and immigration has been downhill since then.

    Pls let us know if you would like to tell your story in a media interview?





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  • ChainReaction
    08-10 09:12 AM
    http://www.murthy.com/chatlogs/ch073007_P.html

    Hi, i was looking at Murthy chat log and it states since H1b is a dual intend visa one may keep H1b status and do part time job on EAD ... she did mention that the rules is not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc., has anyone done that in the past or knows somenone please reply?



    Chat User : As many of us plan to start part-time businesses using EAD, if we are on H-1 and use an EAD for a part-time business, does it mean we abandon H1B status? Thank you for your service.

    Attorney Murthy : Actually, the H1B allows for dual intent. So even if one uses the EAD to start a PT business, if one closes the business or files an H1B extension with the current employer, that is an option to resume H-1 status. The rules are not crystal clear on some of these issues, but the doctrine of dual intent allows a person to be in both the I-485 and H1B statuses and allows him/her to file H1B extensions, even if the EAD has been used for work, etc.

    Chat User : I am applying for I-485 for my family, and my wife is on H1B. Can she travel to India on AP and work on H-1? Does she need to get H1B stamping, or can she use AP for travel and H-1 for work?

    Attorney Murthy : The general rule is that, after a person uses the AP, the safer approach is to work on the EAD, but the law allows such a person to also file for H1B extensions, as long as s/he is working with the H1B employer. As mentioned above, the law is not crystal clear on what must happen, and we find that it has been quite broad in this respect, since there are no clear-cut limitations. It would be safer / clearer to have the EAD.





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  • coolmanasip
    06-18 09:54 PM
    Bachelors+5yrs is also fine for EB2----- As per my lawyer at the time of my filing....EB2 requires either MS or BS+yrs.....

    I agree with the earlier post....look at how it was advertized.....in my case, we did only MS since I had MS and did not have 5 yrs then...so the advertisement said only MS as requirement....

    If your advertisement does not require MS, then this should be solved by a simple letter explaining the same......If by mistake it says only MS then the RFE is right in asking for MS certificate....however if the advertisement said either MS or BS+5 yrs ...you are covered......

    Another important question is did you have 5 yrs when your labor was filed...becos that justifies ur EB2.....
    Thanks....





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  • InTheMoment
    07-14 12:24 PM
    I don't understand... what is the reason for opening this new thread. Application are still being receipted in July.

    >>>And btw the received date in the status can also mean the latest update and/or the notice date<<<

    Adminsitrator please merge or close this thread !


    USICS has receipted 485 in July check this out - lin0720051244, lin0720551216, lin0720551217 & lin0720551219



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  • amsgc
    01-12 06:27 PM
    Can the period for which PD was not current be taken into account while counting the wait period?
    Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?





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  • morchu
    04-29 06:14 PM
    I agree, that for most of the cases "approved" is a safer approach.
    But there can be some specific situations.

    Lets say I-140 RFE received, to prove "ability to pay", and the response was not good enough to prove that. And before the I140 is approved/rejected, the employee quits and joins another company (after 180 days pending). The I140 is still portable, even if it is not approved, if the new employment matches AC21 conditions.

    Even if it represents a small percentage of guys in this situation, it is still good to know that if a dieing company cannot support your I140 anymore because of "ability to pay", there is still hope.

    This is a case where, the original employer still want to support your I-140, but "unable to" due to some other changed situations after filing of I140.

    ================================
    Here is the answer from USCIS:
    "Question 1. How should service centers or district offices process unapproved I-140
    petitions that were concurrently filed with I-485 applications that have been pending
    180 days in relation to the I-140 portability provisions under �106(c) of AC21?
    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has
    been pending for 180 days or more, the following procedures should be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence
    establishes that the case is approvable or would have been approvable had it been adjudicated
    within 180 days. If the petition is approvable but for an ability to pay issue or any other issue
    relating to a time after the filing of the petition, approve the petition on it�s merits. Then
    adjudicate the adjustment of status application to determine if the new position is the same or
    similar occupational classification for I-140 portability purposes.
    B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than
    post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a
    response is received, and if the petition is approvable, follow the procedures in part A
    "
    =============================

    so that just proves that since you dont know whether you would get an RFE or not, it makes sense for beneficiaries to stick with the sponsor till 140 is approved. to beneficiaries, it wont matter zip whether uscis uses approvable or approved.



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  • northstar1
    07-26 12:05 PM
    Over 150000 employees. It's a fortune 20





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  • sparklinks
    06-16 08:32 PM
    I E-filed my EAD application and sent the supporting documentation to the location on the confirmation page. To day I see the following notice:
    "We attempted to deliver your item at 1:51 PM on June 11, 2008 in MESQUITE, TX 75185 and a notice was left. It can be redelivered or picked up at the Post Office. If the item is unclaimed, it will be returned to the sender. Information, if available, is updated every evening. Please check again later."

    Is there something I can do to resolve this?
    I sent the application to the following address:
    USCIS TEXAS SERVICE CENTER
    Atten: E-File I-765 PO BOX: 852401
    MESQUITE, TX 75185

    Dont worry that is the common message for USCIS PO Box...Your mail will be @USCIS



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  • bobyal
    05-07 03:56 PM
    Hi,

    It appears TSC (Texas Service Center) started using new system CHAMPS, which is not connected to the online case status system.

    Any one saw either SOFT / HARD LUDs on their cases pending in TSC in last two / three months?

    Thanks
    Bob





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  • Sachin_Stock
    09-14 06:09 AM
    Nobody's a slave. Each one of us can decide for ourselves, whether to stay around, or go back. You will be getting decently paid in either case. I used to feel the same, but then there's a saying in Sanskrit "Raja Kalasya Karanam" (The king is responsible for his own destiny. This is in reference to Mahabharat's Dhritirasthra)



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  • wandmaker
    02-25 01:34 AM
    Dear friends,
    I have a situation here and it may not be very different from what many others are facing as well. But just that I am not sure what I should be doing now.

    I have a H1B visa and I am working for a company in NY state. I will be leaving the company on this Friday (laid off) . My company has informed me that they can hold my H1B for upto a month after which they have asked me to leave the country if they cant find another assignment for me.
    My question is :
    1) Can I transfer my H1B to some consulting company , that can atleast hold my H1B so that I stay in status? If anyone knows any info on some good consulting xompanies in NYC , that would be very helpful info for me.

    2) My wife is on H1B as well .. If I go as a dependent (H4) on her (in case I dont find a job) , will I still be able to shift to H1 in the middle of the year or should I wait until Apr 2010 until the qouta opens? I also would like to know how long it takes for a H1 to H4 transfer and what are the procedures for the same.

    3) Can I go from H4 to F1 and then back to H1B when the qouta opens in Apr.

    Thanks a lot for your time. I appreciate your help in this regard.


    File COS to H4, while you have the active paystubs and transfer back to H1 when you find job. Given the current situation at all front, this is the safest bet and most importantly you are not breaking any law.





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  • ghost
    09-21 04:38 PM
    Thanks! guys.....All in the same boat then....Screwed.....

    Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.

    Cheers!



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  • ata1234
    07-13 09:04 PM
    Done. Forwarded to other affected friends.

    Wondering why IV has 4000 members while signatures are only 1327.

    I believe your spouse can sign too because she is affected with this VB fiasco as well.
    You are right! Hopefully, everybody is including their spouses too.





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  • zCool
    04-02 11:15 AM
    But for 140, ability to pay type of RFE can and will be answered by company financials etc. It's just that if you are already employed and are getting more than LC proffered wage and can prove that via W2+paystubs.. it makes it simpler even when company doesn't have enough assets or profits.
    But it's not completely a must have,
    More to the point though
    You can count on getting some type of RFE somewhere in the process that will ask you to prove the status.
    Normally W2 and Paystubs are basic stuff that maybe asked even at the time of 485 decision.
    and moreover if he's paying you, why work?!!



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  • logiclife
    02-04 01:37 PM
    The last line on this article may mean something for us. Hopefully.

    http://tracypress.com/2006-02-04-nation-one.php





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  • delax
    07-19 05:44 PM
    Based on your receipt number, you have applied for adjustment of status on 80th working day of fiscal year 2002. Sorry to hear that you case still pending. You are concerned now and wokeup from sleep after 2 years, 10 months, 12 days. If you are (1) employment based, post your country of chargability, labor priority date and date your file I485 - some souls can take a educated guess. (2) family based I485, this forum is not for you - your only options is to call USCIS

    Thats informative. My receipt is SRC-07-264-XXXXX. The received date is July 2 and notice date is Sept 4. I dont think my application was received on the 264th working day. Even if you consider Sept 4 as the 264th day, that means that there are about 274 working days in a year (Fiscal -Sept 30 or otherwise). That seems too high!



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  • dcrtrv27
    10-09 01:40 PM
    kkt tkk

    I called teh 800 number 1-800-375-5283 then looked for the option for problem with the case .....then 9 and then back to 2 where I got hold of CR.





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  • obviously
    11-06 10:00 PM
    Dear Friends,

    It is great to see so much momentum in writing letters to elected officials. May I suggest that those impacted by retrogression/backlogs take an extra effort to articulate the issues and focus on differentiating it from the H1-B issues.

    Here are some ways to frame 'thought provoking' discussions regarding retrogression:

    Start off by stating in your letter that you are a non-US Citizen and non-Permanent Resident, currently in the Legal Immigration Queue!!

    - In a country where there can be no legal bias on the basis of one's country of origin, why do we tolerate artificial quotas and restrictions during the legal immigration process based on country of origin?
    - In an economy known for its dynamism and pace, where meritrocracy and hard work alone matter in principle, partly shored up by its hire and fire policy, granting Green Cards expeditously only enables them to more fully participate in the dynamic economy.
    - In a country known for constant innovation and change, where the Top 10 firms of 50 years ago are so very different from the Top 10 firms of today, not enabling value-added immigration by highly skilled workers will only prevent such exponential innovation in the next 50 years.

    - In a global economy where knowledge work can be done at any place where you have high speed networks, delays in granting Green Cards to highly skilled workers within the US only risks them and their high tax-paying jobs moving to other countries; including India, Canada, Ireland, New Zealand, Singapore etc..
    - From a public policy perspective, the time delay effect of not implementing a forward-looking policy in this regard will only inhibit economic growth because good ideas, able workers and creative capital finds its natural level over time. If the unreasonable backlogs continue for a foreseeable future, it is the US economy that will suffer in the long term because people and ideas will find a welcome home in other countries.
    - Seeking resolution to the retrogression issue is neither a claim of entitlement or social promotion. It is requesting fairness, equity and reasonableness for those that respected the law and sought legal immigration through hard work and economic value-addition.
    - Recapturing unused visa numbers does not create a net addition to the immigrant worker pool. In fact, it only creates a more mobile workforce, that can seek higher paying jobs, and in return contribute through taxes and social security.
    - Ignoring the retrogression issue, would at one level, amount to gross injustice to citizens of countries that are democratic allies of the US.

    Let us list out factual, cause-effect statements of non-resolution and hope that Congressional staffers will present these 'bullet points' in front of lawmakers.

    I would urge everyone to send a personal email/ message.

    1. Start off the email/message saying that you would like to share your pain points and perspectives so that the lawmakers can better learn about your interests, and that you hope that they will be sympathetic enough to come to the aid of legal high tax paying workers, and their respective employers.
    2. Be frank and honest about the pains that you face due to retrogression - e.g. wife unable volunteer/seek work, unable to travel to other countries, unable to seek higher paying jobs, unable to grow professionally, unable to plan personal lives and investments, unable to live the American Dream, unable to move across State lines, unable to quell spouse's frustrations in being under 'house arrest', unable to feel the true freedom of this country, unable to maximize your value to the economy ... and other struggles and sacrifices
    3. Take each of the above points and customize it to fit your needs
    4. Close the email with a note to the effect that you would like to constantly remind the lawmakers that in their constituency, in this great democracy, in this meritrocratic economy, the current policies have created a slew of issues and hardships on professional and personal fronts due to the state of limbo.
    5. Remind the audience that retrogression is an issue of 'backlogging' and is separate from the H1-B issue.
    6. Remind them that not long ago, the Civil Rights movement started on the rather simple premise of ensuring that each and every man, woman and child in this country could live free and keep this nation free and make this a better world. The need for legal immigrants of the 21st century is no different in that you have a class of artificially segregated society that is unable to break free of its shackles of artificial quotes and arbitrary waiting times ... for no fault or folly of the person except that they dared to dream that they can live the Great American Dream.
    7. Seeking resolution is not something to be ashamed or afraid about, and it definitely is not about 'guest workers not wanting to go back'. There is a legal process for guest workers to seek permanent residency and as applicants in the process, you are only seeking fair, judicious and expeditious resolution to backlogs and artificial 'hold backs'. This is a nation of immigrants and if one went back three to four generations, you would find stories of brave, bold believers that sought out the New World. Legal immigration is the modern Ellis Island. An entrance to the land of the brave, the land of the free.

    Please, please take a moment to send out messages so that this features on their radar. Keep the messages professional, yet personable. Don't harrass or 'name call' anyone or any constituent in the messages. Our job should be to highlight the pain point, let us leave the resolution in their capable hands.

    There are 1000's of members in IV. If each member seriously committed to sending just 1 message, chances are that we would be reaching ALL the elected members.

    Remember, you can come back here and rant and rave as much as you want; or pontificate or predict about the issues. None of that makes a difference as much as your ability to challenge current beliefs and turn the tide in your favor through constant, consistent communication to lawmakers.

    It's your turn... with the elections coming to close tomorrow, NOW is the time to set things right. Go ahead, please, I beg each one of you, make a commitment to send A Personal Message of Pain(AMAW)

    Obviously

    P.S. I would not recommend the 'Message A Week' from one person. I meant to say, if each of us took time to send 1 message each, over the next couple of weeks, together, we would end up having at least 1 message a week from this constituent body reach lawmakers and their offices. Please DO NOT flood them with messages every week, from the same person. This would waste their time and not be respectful of their attention. Again, just 1 message per person with all the points in there, would be helpful.





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  • baburob2
    10-08 01:48 AM
    thx.





    edaltsis
    07-26 10:57 PM
    You can apply for a PCC from Regional Passport Office. I got mine for Rs.300/- at the Passport office in just 2 days and its very simple. If you want a PCC from Police Department its a big hassle in India, you can approach only the Superintendent/Commissioner's Office to request one. Mostly Police in India demand money for these kind of simple things, its nothing but "bribe" which I'm against.





    ingegarcia
    12-13 12:00 PM
    How can a illegal obtain a paycheck without using a stolen SSN, so there is no way CIR can pass in its current state which allows for a guest worker program. This would mean that any illegal who has stolen a SSN would not be eligible for Guest Worker program - which would be over 90% of illegals.
    They usually do not receive a paycheck they receive cash instead :D .



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