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  • GCAmigo
    12-27 06:55 PM
    So you were in Amsterdam for 1 day. ;) Did you visit any of the legal hesh bars? (Just kiddin).
    all the stranded formed a group & wnet around the city.. so didn't get he chnace to venture out.. we did go thru' the 'main' area though.. & yes that evening Hooland lost their Worldcup soccer game too..





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  • piyu7444
    01-30 04:15 PM
    Good. That means you were in-status at the I-485 filing. Submit documents mentioned in RFE and you should be good.



    >> My question is - Is the time I haven't been working considered as Out of Status?
    No you are not. Like I said out of status UNTIL date of I-485 application is most important.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin

    I read the thread and have a question for Desi3933 as he seems to have knowledge about how this works..........

    I am on h1b with employer B.

    Employer A had my h1b and had processed my GC. I applied for 485 in Jul 07 and then in Jun 08 I transfered my h1b to Employer B. I did not notify USCIS about this job change so I did not invoke AC21. (Lawyer suggested to leave it in case we get a RFE)

    Now my wife's 485 application is tied with mine. She is on h1b with employer C. Employer C is a consulting agency and her contract will end today Jan 30 2009. Also we are expecting hence she will take a 3 month time off / vacation for the baby (permissible under law) starting End of April 2009. Further she will travel to India on Aug 1 2009 and will return around Nov 15 09.

    She has worked only 1 month in 2009 this will be reflected on 2009 w-2. I have couple of questions:

    Will she be considered as "out of status" from Feb 1 to April end?

    She has h1b valid till 2010 so when she returns back to US in Nov 09 shall she use h1b or enter US on AP given the fact that 485 is pending?

    Will you recommend getting paid from Feb thru May to cover the gap? (this could be done with as the employer is willing to help)

    Thanks





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  • grinch
    02-15 09:15 PM
    haha dont give up man!

    but nice case!





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  • chanduv23
    03-17 10:08 AM
    Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).

    Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.

    That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.

    Below are 3 categories left as per my analysis....

    1) the applications filed in or after july 2007 OR
    2) applications had a PD after sept 2004
    3) Namecheck delayed cases.

    Chances are that the volume of Subsitutions and porting PD is massive in July , 2007. Almost every Tom, Dick and Harry filed for 485 at that time. News spread like wild fire about the availability of visas and lawyers and consulting companies wanted to do maximum utilization and maximum business. People applied substituted labors for their cousins, friends etc.... and got EAD and AP, May not be working for the sponsering employer.



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  • reddog
    09-19 11:50 AM
    nojoke, do you even have a job?
    why on earth are you so worried.

    Your rants are getting endless, you are spreading pessimism everywhere. like you were a hedge fund manager and are going to file bankruptcy.
    btw, during the dotcom thing, just the telecom company hit was close to $750 billion. And with the big VC funded ventures completely got wiped out, the losses were much large.
    also the people that were affected, huge job losses. thousands of people showing up at small job fairs. it was a recession. economies go into recession, and come out of it.

    And media likes pessimism, they like destruction, mayhem. If you have not figured that out yet, it is time.

    yes, some of the concerns are valid, but you talk like nostradamus, as if you know whats happenin. like the country is going to pack its bags and every citizen is going back to where their ancestors came from. get real.
    economies fail, its how much time it takes to bounce back is what matters.

    I would say just chill, spend quality hours at your job then you did before, keep it secure, spend time with your family. live your life happily.

    We are citizens of the world and with the globalization that has spread, the ripple effect is going to be felt far and wide.
    These Investment banks has presence in over 50 countries worldwide.

    You can run, but you cannot hide.







    Everybody understands that we get this ups and down. The cycles once in a while gets bad. Very bad. We had great depression. This could be a great depression for the financial market. Lehman, which has survived 150 years and many economic cycles closed 2 days ago. So did Bear strerns fold. The dotcom bubble is what - 100 billion max? 200 billion? Here we are talking about trillion dollars.

    FDIC has only 50 billion. It can cover a big bank like washington mutual. Can it take another big bank? Wachovia?
    This time it is not going to strengthen US position. China is talking about creating a separate world currency and they are not happy with US currency. If china dumps, dollars, a lot of countries will follow.

    This is just financial institues. It will have ripple effect on rest of the economy.

    FDIC doesn't protect more than 100K if you open different accounts in the same bank. However joint accounts and beneficiary can get you protected for 200K.





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  • kk_kk
    06-10 04:53 PM
    Sent



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  • jonty_11
    06-13 01:37 PM
    Can Bush really do it?

    Source - www.immigration-law.com

    06/12/2007: How Successful Was Bush in Today's Lunch with GOP Leaders in the Hill?

    * Senator Sessions reportedly said "Bush Should Back-Off." Additionally, the up-beat statement of the President on the plane to the U.S. from the trip in Europe yesterday and today's speech for the press after the lunch very much speak for itself that he has failed to twist arms of his party leaders to support and move ahead with the dormant compromise CIR bill in the Senate. Report also indicates that the Senate Majority Leader is not ready to change his mind unless Bush assures support from the Respublican Senators and Madam Pelosi, the House Speaker, maintains a position that unless the Senate passes the bill, she would not pick up CIR in the House. The news on Bush's plan to visit the Capitol building today raised hopes high in the CIR support communities and today's news should be certainly a disappointment. Read on.





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  • Sheetal_MA
    03-10 09:55 AM
    Both 1A and 2A category for Family Based (sons, daughters, spouse - of citizens and green card holders) has better dates (15th Aug 02, 15th Aug 2004) than EB-2 India, and EB-3 India.

    This is so preposterous, words cannot even begin to describe this absurdity.

    So those of us who have been in U.S. for almost a decade, have been contributing to this society, and have held our life in constant limbo, are being given a lower priority than those who are still back in their own country and living a happy life and who can now immigrate to U.S. based on family immigration.

    Do the lawmakers have no common sense left atall??

    Do you fully realize your statement about the 2A category which is for spouses and children of green card holders? That means that if someone got a green card (whether through the family or EB category), they have to wait 5+ years to reunite with their spouse and children. At least those with H1B can bring their spouse into the country right away.

    I have been lurking on this forum to understand the plight of EB immigrants and the posts the last few weeks have confirmed my belief that the problem exist because a lot of people came to the US from 1999-2006 and want to stay here permanently. The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.



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  • langagadu
    03-09 10:16 PM
    I should say you are smoking crack. Do you think we are in some govt.jobs , automatic promotion, come to reality.


    Check my threads on Citizenship. Ask for citizenship directly if you are living here for more than a decade...





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  • GCcomesoon
    05-20 10:23 PM
    Congrats Dude!
    My PD is EB2- Dec 2003, but my RD is Aug 2nd, 07. TSC currently procsses June end 485 applications. Do they pick application for process purely on RD? Considering large # of applications filed during July 07' ,do I have to wait for long time to see my magic email..?

    Thanks Buddy ,It looks like your case should be getting picked up soon,As mentioned my wife's case was received on July 7th, 2007 & I'm still waiting for her approval. I had been to immigration local office to schedule biometrics which they did & I got it done on 5/17 after which I got the Card in production email on 5/19.I hope to get the physical card in next few days.

    I wish you all the luck. I'm sure you should see your approval in next 30-45 days max.

    Regards
    GCcomesoon



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  • uppaji
    08-03 12:29 PM
    Hi Can we all agree up on a standard content format to Lou Dobbs.
    Please send your text, if you have already sent emails.
    I just want to make sure that they should realize that there is mass response for the smae topic.





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  • meimmi
    03-10 04:25 PM
    Yes, for e-file you need to send the supporting docs by mail. In my case, I sent the copy of I-485 ASC biometrics notice which has mention of the receipt # and A # as proof of my AOS pending, copy of I-94, copy of the e-filing confirmation (Printout). You do not need to send photo as that will be taken during fingerprinting. The separate fingerprint is needed for e-file only. They take print of 1 finger. If you send your EAD papers with I-485, the 485 fingerprnt covers all I think. I do not think we need to go for fingerprint again for EAD renewal, though with USCIS that may be possible. ;)



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  • qesehmk
    02-12 02:29 PM
    I disagree. This thread is not about some immigration lawyer. This thread is about visa numbers wasted due to USCIS inefficiency. That's what the title of the thread says. Why do I or anybody else care about some immigration lawyer? Why is he/she relevant if its specifically proven with facts that there is no wastage of visa number. You continue to advertise the name of the immigration lawyer. The reason I say this is because in my experience immigration lawyers comment on these issues as if they have direct access to USCIS Director or god. Even after disproving the visa wastage theory with facts you still continue to over analyze immigration body shop instead of discussing the issue. I am just wondering, why would you that? Are you that immigration lawyer or employee of his law firm? Just curious.

    It's a pity to be desperate. But it's requires supreme stupidity to achieve this kind of cynicism. No I am not "That Lawyer" or his employer.

    Before emptying the garbage in your mind, you wouldve done well to read my posts carefully.





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  • Jaime
    09-10 04:23 PM
    Let's not waste this opportunity!!! Let's go guys!!!! Getting to DC requires a sacrifice, but you will be SO glad you went once you see how great we can make it!!!! We can only make it great is you come though!!!



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  • sneha.shah
    04-24 01:31 PM
    Hi,

    I am currently on L1B visa since Mar09, another employer is offering for my h1b visa. I have below queries for l1 to h1 conversion process :

    1) How much time I can stay on H1 if I apply H1b now ? My total stay in US on L1 is 1 year 7 months, not a continuous one !!!
    2) What are the good options/approach to file for H1 considering the fact that I want work with current employer on L1B for current project ?
    3) Can I apply for H1 now and later do COS any time after October ?If yes, what is the max time before I need to do COS after H1 approval ?
    4) How about if my current project completes before oct 1st and I have already applied for h1 ?

    Kindly help me for above questions, would appreciate your help.

    Thanks in advance.





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  • seeker999
    08-11 08:09 AM
    I am in...
    What next ?



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  • Ramba
    07-14 06:01 PM
    Consult an attorney because if you applied for I-485 in July 2007 and quit employer in August, you might not be covered under AC21 since 6 months did not pass since adjucation request (I-485) was files with USCIS.


    This is aboslutly incorrect. Dont spread false information.

    Here is the Q&A in USCIS memo abot changing employer before 180 days

    Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?

    Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate





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  • GCcomesoon
    03-06 11:33 AM
    Hi

    So what do we have coming in April bulletin ? I'm not discussing any predictions here but based on some information found on the web & in different forums , it looks like Eb2 might move ? Does anyone agree to the logic for this movement ? Is there any movement expected for EB3 - India , because with the Name check gone & some old cases getting approved , shouldn't the EB3 dates move forward ?

    Thanks
    GCcomesoon





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  • pappu
    12-25 06:50 PM
    If you create groups on yahoo or google make sure you do not miss out on members that come to this thread for updates on state chapter and wish to join.





    webr
    09-01 09:09 AM
    I am NOT from Aspen.





    Canadian_Dream
    04-04 03:51 PM
    If you want a good discussion on a topic stop generalizing things and do not use rants like racist engineers etc. When you make an assumption please be clear about. You have assumed most people work for consulting companies and most people are frustrated with it. Not so. I don't work for them and I am not frustrated with them. My only concern with them is they are exploiting the system to their advantage and at my cost. This has two fold affect not only the take cut from your salary but also put a bad name to H1B visa program in general. Whoever wrote the bill or whatever are the consequences there is definitely some good things in that bill. Let me list out how some provisions are good:

    1. If you are employable in US and you have the skills you will get the job with or without these middlemen. They come into picture only because they can start a corporation and then start the exploitation game. If a bill is taking these guys out what's wrong with it ? This will allow genuine corporations to hire the right candidates.

    2. Putting 30 days of ad. to hire US citizens first ? What's wrong with it ? If their skills are really outdated and you are the best and the brightest you will get the job.

    If you need more evidence of why H1B program needs reform look no further than H1B cap used up on first day. This has put good undue hard ship for good candidates while Infosys/Wipro etc will once again take the lion's share of H1B numbers. Why do you want them to win at your cost ? Stop calling people affected by this mess as "Racist Engineers". Try to put yourself in their shoes and some of these practices are affecting both the H1B visa holders (with indentured servitude) and citizens with wage depression. No body wins in the end but the people who are exploiting the system.


    Open your eyes and look clearly. This bill is designed to put an end to any competition for middle aged racist engineers afraid of competition from people who fit the profile of the membership of IV. Some members on the forum seem to think that this bill contain provisions to protect H-1b workers, but that is not true. This bill is designed to mean that current workers on H-1 are taking away American jobs as the protection proposed by the bill were not there when most of the forum members came on H1b. This bill was written by Ron Hira and IEEE. If nothing else then we need to understand that Ron Hira et al, are not in love with any of us. They represent middle aged racist engineers in US who are scared of competition and globalization. So please stop day dreaming and expecting that this bill would have anything to protect/benefit green card applicants. I understand/share the frustration with body-shoppers/consulting companies. Why whine about consulting companies and, work for them at the same time. If you are so good then why don't you switch jobs. Accenture, PWC, D&T, Bearing Point, Oracle consulting etc. also do consulting, what about them. Supporting this or any other bill from Sen. Grassley is suicidal. It�s acting like the 90% of ignorant Republican base, who earn less than 30K/yr and still support the party that oppose welfare reform and give tax breaks to the richest.

    Taking out frustration on consulting companies doesn�t help us. If the green card process would work in the intended manner, none of us will be beholden to the employer. And there will be no room for frustration. Any employer would take advantage of such loopholes in the process where employee is beholden to the employer. But the thing is, employers or consulting companies did not create the currently broken green card process, neither did they create the backlog. The lawmakers, who did not attend to the immigration system for more than a decade, are responsible for the current system. And organizations like IEEE are responsible for opposing any meaningful reform on H1B/green card issues. Now they are using the situation to their advantage by tainting a pictures if we all the people in US, waiting for their green cards, should not have been in US if the system proposed by the bill was in place. And it is astonishing to see people calling to support a bill wihtout knowing its contents. So why blame our problems on consulting companies? You think IEEE drafted this bill for people who match the profile of IV members? This bill was has been drafted with the objective to secure the position of middle aged racist engineers, who do not want to upgrade their skills and who are scared of young minds ready to compete and learn new things.



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