Friday, June 10, 2011

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  • gc_chahiye
    08-15 12:09 AM
    Hi Gurus

    I have applied I-485 for me and my spouse. I did not apply for EAD as my H1B is valid until Nov 2009 and visa is stamped untill June 2008. My wife is also on H1B, stamping valid until April 2009. I heard that if I apply for EAD the immigration officer at port of entry might ask advance parol where as if I continue to use my H1B I can travel anytime without any problem
    here is the question - should I apply EAD & Advance parol before 17th to take advantage of old fees structure? or wait for the I -485 receipt or DO not apply untill my H1B is valid?

    thanks in advance

    Just because you applied for EAD does not mean that you need to enter on AP. You can still come back on your H1 stamp.

    its your personal decision based on your own goals/needs. If you intend to take up multiple jobs or your spouse wishes to work in a non-H1B type position, or stop working and then start working again without worrying about change of status (H1->H4->H1) then applying for EAD+AP would be helpful.

    If you want to maintain a backup, you can still apply (an approved EAD does not change your status, you need to actively use it). Applying after you get the receipt might be better (since USCIS can easily tie your case together).

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  • haider420
    02-22 03:47 PM
    I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..

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  • greyhair
    07-01 07:43 AM
    Recently I started looking other options in India, Britain, Canada and Australia.

    Here is what I found just in last 1 week.

    Britain puts new cap on non-European high skilled immigration
    United Kingdom, Immigration, Coalition Government Announces Temporary Migration Cap - Newland Chase - 30/06/2010, Government & Public Sector, Labour and Employment, Immigration (
    Non-EU immigration to the UK: the statistics visualised | UK news | (

    The federal government is seeking a limit on the total number of applications for Canada immigration to 20,000 annually
    Canada to welcome high skilled and wealthy immigrants | Canada Updates (

    Australia announced new visa ruler to target Indians
    New visa rules not targeting Indians: Oz envoy - World News - IBNLive (

    This may be the result of global economic slowdown. But China and India are allowing more immigration. Now high skill immigration is a new measure of future economic growth.

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  • Doom
    07-18 03:18 PM
    1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
    3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes


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  • sobers
    03-27 11:20 AM
    Talks about skilled immigration...

    Kudos to IV for all their efforts!!

    The Other Immigrants
    March 27, 2006; Page A16

    Lost in the heated debate about the future of millions of illegal laborers in the U.S. is that our system for admitting foreign-born professionals is also in tatters.

    While globalization has increased the competition for international talent, U.S. businesses are frustrated by processing delays, long backlogs and especially the failure of Congress to increase the annual limits on visas for skilled immigrants. The Senate Judiciary Committee is scheduled to resume its mark-up of Arlen Specter's immigration bill today. And the good news is that it contains long-overdue provisions for hiring more of the foreign professionals who help keep our economy competitive.

    Under Mr. Specter's proposal, the annual cap on H-1B guest worker visas for immigrants in specialty fields like science and engineering would rise to 115,000 from 65,000. Moreover, the new cap would not be fixed but would fluctuate automatically in response to demand for these visas. We don't think any cap is necessary. But if a Republican Congress feels it must impose one, the least it can do is let market forces have some say in the matter.

    Another important reform addresses foreign students who want to work here after graduating from U.S. colleges and universities. It doesn't make a lot of sense in today's global marketplace to educate the best and brightest and then send them away to England or India or China to start businesses and develop new technologies for U.S. competitors. But that's exactly what current U.S. policy encourages by limiting the employment prospects of foreign students who would rather stay here.

    Mr. Specter would let more foreign students become permanent residents by obtaining an advanced degree in math, engineering, technology or the physical sciences and then finding work in their field. It's unfortunate that the U.S. isn't producing more home-grown talent in these areas, and the fault there lies with our K-12 educators and their political backers who tolerate poor performance. The reality today is that the U.S. ranks sixth world-wide in the number of people graduating with bachelor's degrees in engineering. Jobs will leave the U.S. and our economy will suffer if bad policy limits industry's access to intellectual capital.

    Anti-immigration groups and protectionists want to dismiss these market forces, arguing that U.S. employers seek foreign nationals only because they'll work for less money. But it's illegal to pay these high-skill immigrants less than the prevailing wage. And employers are required to document their adherence to the law.

    According to a new study by the National Foundation for American Policy, our broken system for admitting foreign professionals also contributes to outsourcing. Since 1996 the 65,000 annual cap on H-1B visas has been reached in most years, sometimes only weeks into the new year. This leaves employers with the choice of waiting until the next fiscal year to hire workers in the U.S. or hiring people outside the country.

    "Many companies concede," says the report, "that the uncertainty created by Congress' inability to provide a reliable mechanism to hire skilled professionals has encouraged placing more human resources outside the United States to avoid being subject to legislative winds." Last week computer maker Dell Inc. announced that it hopes to double its workforce in India to 20,000 within three years. There's another such announcement by some company nearly every day.

    This weekend's big-city immigration demonstrations focused on the debate over the estimated 11 million illegals already in the country. But the U.S. labor market has also long been a magnet for highly skilled and educated foreigners, many of whom attend school in America at some time in their lives. In a world where these brains have more options than ever in Asia and Europe, we drive them away at our economic peril.

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  • NKR
    07-18 12:18 PM
    $320 an hr!

    His 'RFE response' charges were $450!

    go figure...
    lotsa people are making money out of the s*ituation we are in!

    Except us...


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  • EB3_SEP04
    07-16 04:40 PM
    No it is the same company

    First of all congrats!

    My understanding is that as long as the new job/title falls in the SAME O*NET code(lower right corner of your labor appplication), it is considered SAME/SIMILAR job and hence OK. e.g. O*NEt code for Computer Programmers is 15-1021

    The good news is that YOU think that the new job duties are 50% different, which may not be the case as per AC21. That happened to one of friends, his old job was at a bank and his labor had a lot banking related words, then he joined a CISCO which is defiintely not a bank so new job duties were 70-80 different (if you compare word to word), so he was worried, but his lawyer said "you were a DBA (15-1061) and you are still a DBA, so it is a SAME or SIMILAR job". He got the GC last year.

    Also how would USCIS know that you have been promoted? since you are not changing employer, you are not using AC21 and does not have to inform USCIS about this change. So technically you could be promoted every year still have no effect on green card (unless you get an RFE and USCIS asks for a emmployment letter, pay stub etc, which will show a change in title).

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  • ski_dude12
    12-02 01:10 AM
    This is after the dates were pushed back to 2003. There was no movement for a few months. Hopefully they are starting to process the apps in order now.

    Not really. There appears to be no orderly fashion. My PD is June 2007 EB2. I got an RFE on My I 485 in May 2008.


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  • ramus
    06-11 07:40 PM
    This is not good statement.
    He admitted that he did mistake.. I was just not happy by creating new thred. But I don't think we should use these kinda of words..
    We need more members and we can't run away our members with this kind of language.

    Cut this crap of being positive!!!! A fool is a fool!!!

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  • yawl
    07-17 12:34 AM
    This is a very good one. It mentioned per-country-limit and wasted visa numbers.


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  • sgX05
    02-17 08:30 AM
    Another update on 485 today after it was transferred to TSC...

    "The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now being processed at a USCIS office."

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  • Humhongekamyab
    07-22 10:19 AM
    I agree with Pappu. I am with you.


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  • lazycis
    01-15 10:48 AM
    Thanks a lot for your timely reply. I want to know does it matter how we exited US, I mean did anyone see your advance parole while leaving US.



    It does not matter how you exited. You will need AP to re-enter and you will lose H1 status. I hope AP was approved before you left the US.

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  • smartboy75
    07-17 07:25 PM
    Hi All

    As the dates become current, I see a lot of people asking the same questions again and again....why can't people do a little search on the forumn before posting repeated questions already asked before ..For eg: Filling i-485 and presence in US or filling without the help of lawyers....

    I mean come on guys..we call ourselves highly skilled labours and don't even have the skill to find out answers to common questions by searching the forumns???? I am really begining to doubt the IQ of some cause if not how do u explain it...



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  • malaGCPahije
    08-11 11:05 AM
    trueguy has a poll started for period from 2001 to 2004 and I have started this for 2005-2008.

    The limitation is that we can have maximum of 10 entries in a polling!!!

    Not sure if the core have more options.

    Trueguy's poll ends at "before Jan2004". Your poll starts from Jan 2005. I am Nov 2004 and do not fit in either :-).

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  • royus77
    07-11 06:01 PM
    Finally .......Looks like TSC is waiting for the VB to issue 1 year or 2 year EAD

    E-Filed at TSC on 05/05
    FP on 06/05
    soft LUD 06/29
    Card Order email - 07/11


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  • Lasantha
    05-04 12:35 PM
    Hi all,

    I received an RFE on my I-140. I responded to NSC last week with what was requested in RFE. NSC acknowledged receipt of my response. How long do you think it would take for them to take a decision on my case (non-premium process).


    In my non PP case, they took exactly 60 days as they said they would.

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  • ameryki
    08-02 12:30 PM
    I don't think a 1 year ead or 2 year ead is really affecting 485 applications.

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  • amsgc
    11-26 01:34 AM

    There is no such thing as a transfer - every petition is a new petition.
    In your case, you can be exempt from being counted in the yearly cap if your I-140 has been approved. While filing the petition, your new company will have to attach a copy of the approved I-140, or prove that your I-140 has been approved.

    Hello Friends,

    I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.

    My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.

    Thank you.

    10-22 02:14 PM
    Thanks again Elaine, for clearing much of the fog in my mind!

    So when she appears for H-4 interview in consulate in India, will there be any questions on her H1 stay in US? Is there a chance of her H-4 getting denied in case if the officer finds her out of status stay?

    Does she need to show proof of her in-status stay while in US for appearing for H-4 interview?

    Are we allowed to appear for our interviews at any consulate in India or are we restricted to appear only that consulate which is in my area of jurisdiction?

    02-14 04:14 PM
    MS + 0 years is fine for EB2. I got my PERM approved with MS+ 0 years. No one is trying to bypass the system!. We are trying to figure out the best possible avenue to get our GC.

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