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  • manuseeksgc
    06-16 05:40 PM
    Hi Chi_Shark,

    I didnt get your analysis on "so i could possibly face a 7 day gap in work authorization". I am also eagerly waiting for my EAD but I was curious what makes you think about a gap of 7 days. Is it 'coz you complete 60 days of filing on Aug 17th and urs expires on 10th. But why 60 days, I thought it has to be 90 days before a request can be made for interim EAD. Please correct me if I am wrong.

    Thanks!




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  • kumar1
    11-05 10:04 AM
    For a long time, between 2001 to late 2004, All PDs (EB1-EB5) were current. Main reason for this was, labor certification used to take 2-4 years during that time. If you do not have labor certification coming out, you always have visa numbers available. Just when PERM hit, retrogression came in to the picture.




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  • Rolling_Flood
    09-24 01:14 AM
    lazycis,
    Thanks.

    Was your answer regarding your case, or other case(s) that you may know about?

    Related question, did you (or the other people) face considerable hassles for their I-485 approval(s)?


    "Yes" to both questions.




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  • paskal
    10-23 03:39 AM
    here is your chance to put some faces to names ... or nick names/user id's
    join in and take the opportunity to hear plans for the chapter and offer your own views. we all know our fight for fairness is not over by a long shot- let's start preparing for the next round!



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  • alien2006
    08-07 03:05 PM
    Prevailing wage for EB2 as of latest information i have is $83,200
    Hope this helps.

    Okay that is so vague. Wages depend on the location of job, type of job, etc.




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  • legalrights
    08-19 12:27 AM
    1) If one files I-140, I-485 and I-765 concurrently with Labor substitution, can he get EAD before the approval of I-140?
    ******Yes. Mine is a Labor substitution case and I got my EAD within Two months


    2) what's the earliest time one can change job and still not loose getting GC while it is in process? Is it after getting EAD or does he has to wait for I-14 to get approved or have I-140 to be pening for more than 6 months?

    *******It is not very clear even in the AC21 law. But the safest thing is wait for I-140 approval and 180 days after I-1485 Notice date. Suppose your I-140 is not approved on or before 180 days, then wait. If it is getting approved on 190th day, you can use AC21 on 191th day, from your I-485 Notice date. (180 days from the Receipt date will be fine. But just for extra precaution, use AC21 rule after 180 days from Notice date, which comes later)



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  • HarishM
    09-21 04:21 PM
    Since I did my master's here. I think they filed my case under EB1...I need to re-check. If this is the case then how long does it take. Yes I'm an indian.




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  • wellwisher02
    04-07 06:20 PM
    Sorry to hear about marital discord. Do talk to your attorney and see what steps needed to be taken further.

    My advice, first concentrate on your family. Do try to resolve the issues with your wife. Do give preference to your daughter. Green Cards / Work permits can be obtained later also. Don't worry too much about the GC.

    ---
    Good advice, Syed.
    I endorse it! We'd like to see them together.



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  • ImmInd
    02-19 05:07 PM
    FYI: Reg. EAD, AP and H1 usages and Extension possibilities:


    I entered as a Parolee last year using AP. I have EAD since 2005 - but, never used it due to continuous H1 apprival with Sponsoring employer.



    My H1 expires in few months and my empoyer applied for extension; I just heard that it is approved this week (I did not get any papers yet). My employer uses H1 only (no EAD details provided since 2005). I am working on H1 (not on EAD) even thought I used AP in my last entry.



    My wife entered using AP and we got her H4 approval as well for another 3 years (I may not need!). This is my fourth H1 (i.e. almost 9 yrs in H1 already).


    It is my 4th EAD for my safety (backup) reasons and never used with this employer yet (and nor with another job yet). My attorney asked me not to try for H1 stamping now-a-days and just travel using AP and work on H1 as long as I am with this employer!




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  • greencardvow
    07-18 06:12 PM
    Did you change your address. Sometimes they send denial at the old address. Also you need a lawyer now with the print out of the page where it lists pending. This forum cant help with this situation as an appeal is needed in your case.

    EB3 with PD June 2001 and I-485 was applied with RD of Oct 2002.

    The online case tracking system has the status of case received and pending

    Meanwhile, a call to USCIS revealed about the I-485 denial in Nov, 2005.

    The I-485 was denied in Nov 2005 and we were not notified by USCIS and my attorney also did not get any denial notice.

    How can the case be denied with out any notice? Do we have precedence on this level by USCIS?

    I did a FP appt in Jan 2006 though.

    I have been asked to refile I-485 now.



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  • vjmjaan
    08-29 12:29 AM
    Guys,

    http://shusterman.com/cgi-bin/ex-link.pl?www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf

    As per the Direct filing update on 21st June you can file your 485 at any center regardless of your place of employment or residence or 140 approval.

    So dont worry, your case will be appropriately transferred to the correct service center.

    Let us concentrate more on the DC rally.




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  • aroranuj
    06-26 05:59 PM
    My employer got back to me today & informed me that based on the advise of the attorney they will not be providing me a copy of the I-140. He understands that I can leave the company anytime & that he would never hold me back. My question is if there is any other way of getting a copy of the I-140? Is a copy of either the approval notice or the receipt number critical?

    Thanks guys!!!!



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  • bestia
    07-17 03:22 AM
    So it means that if I-140 petition is filed on my behalf, if I renew my non-immigrant visa, it would be denied?

    It COULD be denied or could be approved. The law is vague and consular officers have full right to approve or deny anything, they are not USCIS employees, and even US president can't order them.

    I have played DV lottery for many years (never won as you can guess). Embassy instructed that it is immigrant intent and we should have marked "yes". So, I marked "yes" - and got my B1 without any problem.




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  • meridiani.planum
    11-12 02:26 PM
    6months is to comply with AC21. I donot recall any one saying wait xyz time to switch after you get a GC.

    Its indeed a bit of a grey area, though lawyers say stick for 6 more months to be conservative. See:
    MurthyDotCom : 485 FAQs (http://www.murthy.com/485faq.html#13)
    How soon can I leave the employer after I get my GC - ImmigrationPortal Forums (http://forums.immigration.com/blog.php?bt=668)



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  • raysaikat
    03-28 11:01 PM
    Saikat,

    Thank you for your replies. One more question....if the change of status from F1 to H1B within the US is denied then does my F1 visa get automatically revoked?

    -rgpr

    Note that "status" is different from "visa".

    Since this will be your first H1-B visa, it is very unlikely that USCIS will grant you change of status without going out of US. That is, assuming that USCIS approves your H1-B petition, most likely you will get an I-797 (which would be valid from Oct 1, 2010) without an attached I-94. This means to get in the H1-B status, you need to go out and reenter US around Oct 1 (I think you will not be able to enter more than a couple of weeks before the start date of I-797).

    Coming to the denial, what denial are you referring to? There are many situations.

    In general, your status is determined by the latest I-94 card. For F-1 students, that usually says "D/S" which means Duration of study (or Duration of status). That means, the moment you quit your school --- i.e., you no longer remain a student in good standing at your University --- you lose your F-1 status.

    Now supposing that you do not quit your school:

    (i) If your H1-B petition is denied (i.e., no approved I-797), then no harm. You remain in F-1 status.

    (ii) If your H1-B petition is approved, but comes without I-94 card, then you continue to remain in your F-1 status until you go out of US and reenter using your H1-B VISA (that means, you need to get an H1-B visa stamp on your passport as well) and get the corresponding I-94 card.

    In this scenario, I believe that if you decide not to use the approved H1-B visa (i.e., you continue your Ph.d., and do not go out, or do not reenter using the H1-B visa), then you would continue to remain in F-1 status even after Oct 1, 2010. However, you may want to confirm that with a lawyer.

    (iii) If your H1-B petition is approved and comes with an attached I-94 card (this is unlikely), then you lose your F-1 status from the day written on the I-94 card. At that day you would go in the H1-B status and must be working.




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  • lskreddy
    08-14 12:05 PM
    all the best to you! If you are serious about this, then you may want to go easy on visiting iv and start checking out: http://www.r2iclubforums.com/forums/

    I spend a few good hours a week on that site. :-)

    Some of the writings are pretty motivating...



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  • Robert Kumar
    02-25 10:06 PM
    Robert

    It means that they are either not satisfied that the job meets the speciality occupation criteria or the credentials of the employee/employer/any of the document s provided. They will conduct an investigation and your friend will hear from them upon completion of thier investigation.

    HRPRO

    What happens if premium processing is done at this stage.




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  • texanguy
    09-30 03:19 PM
    there was a thread yesterday discussing this news. It is indeed welcome news. Atleast now USCIS should concentrate on FIFO approvals. There are just too many 2003/4/5 EB-2I applicants waiting in line when 2006 applicants got approved in a frenzy last couple of months...what a cruel joke! and for EB-3I, this news may reveal the total number of cases pending. Nobody seemed to know the accurate count...




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  • gauravsh
    05-04 10:36 AM
    I assume you haven't filed your I 1485 yet.

    Why are you even bothered about H1B status when you are working from India ? ( You don't need an H1B status to work from India. You can be on US payroll as long as your company is ok with that.)

    When you are in India, you can apply for an H1B and get a visa stamping while coming back.


    Thanks, You are right I havent applied for my I485 yet. I am only concerened about when I return back to US, will there is any issues at POE due to my long absence on H1B?

    Really appreciate all the answers!!




    InTheMoment
    06-25 07:40 PM
    Employer pays lawyer fees/USCIS fees for I-485/AP/EAD as well as medical, photos, mailing and other incidentals for me as well as spouse: Basically everything.




    Jonas73
    04-21 06:17 PM
    Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).

    Do I need to "change" job within my company?

    Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?



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