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  • well, let me add my story but it is the same as others..

    Hubby has already achieved the maximum in his position and would most probably have to pass any promotion opportunities, so his problem with the whole GC process is that he has to stay with current employer and continue to suffer professionally.

    My problem is just like the guy's story few posts above. I have all teaching credentials and 3 years of teaching exp from my home country as well as US teaching License. Jobs are coming my way all the time, (my credential is from a shortage subject area), but H1 doors had closed forever due to the USCIS interpretation of the famous time issue for H1 & H4 visa holders. :mad: :mad: :mad:

    When I got a job offer, by the time County HR made official offer, H1 quota ran out for that fiscal year. The same thing happened two more times. Oh, I forgot to add how I have been following my spouse over the country for all of his projects...
    Then I read about people who actually change their mind and do not want to utilize their H1 after all!
    Ha...!!

    Even taking up a teaching job on J1 visa is closed to me...:mad:

    Am I angry? You bet I am...
    Not even an EAD in sight for another 7 years. Well, I am not going to sit around much longer. Just got word that it will take 60 days to transfer my US teaching License to Ontario and jobs are plentiful for someone with my content area as well.

    As soon as I finish my Masters Degree I am off to Canada. :D :D Don't care for US or green card any more!





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  • 140 & 485 filed concurrently on July 2nd.

    Not cashed yet & no reciept. :)

    -IV





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  • there is no employment allowed on H4. Please check with your lawyer as you might have problems with canada stamping





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  • i asked the exact same question to my lawyer... she had no evidence or past precedents... i doubt if any lawyer will have it...

    the thing to note here is this: more often than not, your 485 will get approved (if your case is approvable) without any issues in the normal course... the question of denial comes ONLY IF there is an RFE and then ONLY IF IO is not satisfied with your RFE and he calls you over for an interview and then ONLY IF he is not satisfied with answers you give in interview. Taking a wild guess, we are talking about maybe small percentage of folks going to the RFE stage and fraction of that going to interview and a fraction of that actually getting denials... if people have other complications such as basic legalities in their business/self-employment or any other issues such as no pay for long time etc... then i suspect they may get denied whether self employed or not.... but if all is clear, then it should be very minimal...

    GREAT I SAY! What do you think?

    Do we have any conclusive evidence of these cases? Have we seen prior cases being approved using this approach?





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  • "
    Just my 2 cents.
    Regards.


    No. It is worth 2$ write up... not 2 cents :)





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  • @alapkd -> Unfortunately they hardly get caught...



    think about it if it was just paying a cut to the management to get your person hired wont ur competitor do the same. i have seen ppl getting caught because the competitor came to know of this and got really pissed and spread it around and the manager got screwed. most of the big companies have very strict policy for even gifts acceptance and the kind of gifts and amounts of it. i m sure it still happens but it can not be as widespread as ppl think it would be. which vendor to use is determined by someone really high up. most companies also keep a track of how much the primary vendor is getting out of the deal and there is a cap on it. they ask for the legal contract to check what % primary vendor is keeping so primary vendor cant fool the company and underpay the consultant and keep a hefty chunk for themselves.

    all i can say is if you see a manager who is involved in illegal practice of taking kick backs expose that guy and get him fired it is your responsibility and it can be done.





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  • Check this out.....

    http://www..com/usa-immigration-trackers/i485-tracker1/

    There are people from India with PD 2005 whose I-485's have been approved lately.

    It wont happen again. after encashing I485 checks USICS will start I140 PP again to keep cashing money. once I140 backlog will be done then they will earn from EAD renewals.
    Enjoy EAD..........





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  • your language stinks


    my language stinks...oh no.... i used a bad word.... god forbid!!!

    so how would you best describe them then???

    wake up and smell the real world pal...





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  • AmitKhare77... apparently, the job title and job responsibilities have to be same as whats on labor until we get GC. otherwise no promotion.
    SGP.... you made my day ! As I did not want to ruin my friends's mood on on new year's eve, I was planning on dropping new year party plans and stay back home.... but your post just put life back into me...
    one more qn - after I change to Company B, what happens if Company A revokes I-140 ?

    No problem my friend. You are welcome. I am glad I was able to help you.
    Company A CANNOT revoke approved I-140. I have checked this with 3 to 4 attorneys & also with Gurus on this forum. Only the USCIS has the authority to cancel the approved I-140, if it detects that it was obtained fraudulently.
    One more suggestion, ask company B to file your H1 with Premium processing. Once you get H1 approval then submit resignation to Company A.

    Enjoy the party Bud. Have a drink on me!:p;). Wishing You and Yours Happy New Year.

    If you will be benefited by �I-485 filing without current priority Date�, please vote YES on the Poll.
    Then please send an email to ivcoordinator@gmail.com with subject - "I485 filing without current PD - Impacted Member". Include your 1) IV username 2) Email address 3) Ph#, 4) State of Residence so that grassroot efforts can be coordinated. Please refer to the first post on the thread and use the flier,talk to your friends/colleagues to spread the message.We need all members to get involved.





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  • My only problem is where will these illegals join the line ("Hope they have to join the line somewhere"). If they join the line at the 140 stage directly ie if they dont require labor certification, then what about the 100s of thousands of people waiting for labor clearance (for example im waiting from Aug 2001).
    If they join the line directly at 485 ie if they pass a law saying illegals who have been in this country for 5 years can adjust their status straight away. ie file for 485 right away, what about the guys waiting for labor or 140 with all kinds of wage RFE etcs?

    I guess if that passes all the legals who arrived here before 2001 are covered anyway. All they have to do is destroy their passports, throw away their immigration docs and apply as an illegal. :-)

    So unless the law says they have to apply for labor certification its unfair. Its amnesty.

    Even if they have to apply for labor, they will apply in perm and jump the line. (Unless the visa dates for Mexico stays retrogressed). In my case I cant do that because im in the 7th year and have been with the same firm for the last 5 years. So I cannot apply perm without taking a big gamble on loosing the priority date. (My job description has changed a little bit). So either way, Im screwed.





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  • Is this is true, then it is not the time to simply convert, but invest. Assume you invest 50K(23lacs) in India now and after 20 years, you should see the value of 23 lacs to be 8 crores. If that 8 crores is converted back to USD at the rate of 20:1, then you will get 4 million. Probably you could use this for yor kids college education.

    You are right they know what they do but it will be beneficial for US economy only. In terms to USD to INR, we will lose. Check the history and present.

    Future is India. After too much of outsourcing, INR will raise again USD and my guestimate is 1 USD to 20 INR after 10 years.

    Time to convert all savings in INR.





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  • Guys, why don't we open a page "Bets" ? There we can place bets if a bill will pass, if our ammendments will be included, if something at all will happen... This will make our life more interesting and we will be in a better mood. To wait for another 5-6 years for the GC :-)

    Long Live USCIS "Las Vegas" establishment :-)

    "Good morning, Rhodene & Stockton. How may i help you?"
    ...
    "Yes sir, we do trade in the futures market"
    ...
    "Certainly sir, what would you like to put up?"
    ...
    "So you would like to bet your family's future? No problem"
    ...
    "Non-resident alien, 5yrs H1B... ok"
    ...
    "EB-3? Oh, well, yeah ummm. That complicates things a little. Let me check with my supervisor"
    ...
    ...
    "Hello sir? You see, the problem is your official odds are sitting at 1:12000. We are not authorized to trade at those levels. However, if you will include your pets' future in the deal we can offer you 1:3 odds."
    ...
    "Don't get upset it is a very reasonable offer. How about if I include a jam donut?"
    ...
    "Great. I will have the paperwork out for your signature in the morning. Have a nice day"





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  • My company lawyer addressed this part. The way it works is that they will work on your file only when your PD is current. So even if you apply now, they most likely wont work on it after July as your PD wont be current. Then when next time (say in Jan 2008) when your PD becomes current, they will pick up all the files for that month and start working on it. It might be that they will work on your file on Jan1st or Jan 31st. You can send your wife AOS the moment your PD becomes current. So you want to make sure that it reaches there before they approve your AOS. In case you are extremely unlucky, then they would start working on your file on 1st day of the month and finish it before end of that day, making it impossible for your wife's application to go through. Thats rare though. So if you can make sure that her app reaches on 1st day of the month in which PD is current, then they should most likely add her to your AOS and work on those together and make your life go forward....its a chance which you will be taking...But again life is a chance

    Best answer so far. One more thing, you can hold back some silly thing making sure you get RFE, then you should have enough time to file her 485 when PD becomes current again. However, I don't know if they send out RFE's when your PD is not current. Also, send your application just before Aug 17th (say 15th). I also read somewhere that when dates are current for a given PD, receipt date is the driving date.
    Note: Not a lawyer, don't intent to be one (never).





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  • Dont expect much until March anyway. Until then relax, enjoy , take looong vacation and have fun :)





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  • What do you mean by upgrade to premium? I dont think you can change the option by simply upgrading. You need to file I-864 to change to consular processing.

    There are a few options:

    1. If you have chosen consular processing, ( I am guessing you have not), you can file I-485 and amended I-140 at any time PD becomes current.

    2. If you chose AOS on I-140 and the I-140 is approved, some consulates accept attorney certified I-140 provided you pay the fees usually payable to NVC. Expect 3 months of delay in getting an appointment though.

    Pros & Cons:

    Consular:
    You get your GC as against EADs endless loop.
    You have to be with the same employer for atleast 180 days since the time you get your GC and you enter US using your GC.

    AOS:
    You and your spouse both get EAD. NO need to travel to foreign country.
    You need to wait 180 days from filing 485 to change jobs (assuming 140 is approved, if not the case is more complicated).
    More time consuming and longer duration.

    The lawyers here will vouch for I-485 as it means more revenue for them. If you have a stable job where you are doing good and you are counting to get a promotion, etc go for consular processing instead of getting stuck with 485 process.


    Can someone please advice pros and cons, keeping in mind the forward movement of priority dates could be just for the month of June!

    My 140 is still pending in NSC I have the option to quicky upgrade that to premium and then go for CP, what would be the course of action?

    Also what are the wait times for CP in Mumbai India?

    Thanks!

    May we all get outa this mess :cool: and move on with life!





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  • o.k. Thanks for your reply
    so are you trying to say that IV is so disappointed that it will not do anything at all ?

    Never said that.
    IV is you and me. Please take the initiative and lead the effort if you feel strongly about your idea. You can start by doing a media campaign and generate articles on this subject.





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  • I agree. There is no point in this. I am really afrid that we are moving away from core abjective of IV. why we are getting inthis fiasco, there is no value in this

    Please explain why?? We are still working towards our/IV's common objective.. just in a different way...





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  • I am trying to efile AP and there is a question regarding date of intended departure and expected length of the trip. I am applying AP for emergency travel and don't have any fixed plans for travel now. Please let me know what to fill if any one is in the same situation who have e-filed.

    anyone





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  • Did you or someone you know experience such questions at POE for an advanced parole? Or are you just posing a hypothetical?

    I have recently re-entered on AP and not a single question was asked. Not only that, I was not fingerprinted or photographed at the counter like a visa holder would be. I was taken to the back office where an agent entered information from my AP into the computer, stamped the AP and gave it back to me. No questions asked. Period. This was at the JFK airport in NY.

    Parole is meant to grant entry to resume adjustment of status. Parole is not subject to employment, it is subject to a pending I-485.

    If this is a hypothetical from you, then please shake these imaginations and live in peace and enjoy EAD and AP.

    Too much thinking and too much analysis has caused this community to revert back to H1 lifestyle and they are not using EAD and AP - ONE OF THE MAIN REASONS why we were all so happy due to 485 filing.

    What is the point of having an early 485 filed, if you are not going to use EAD and AP and be at mercy of consulates for restamping and be at mercy of employers who will need to sponsor you to hire you?
    man I so agree with Logiclife..Lets drop the paranoia





    ^^^^^^^^^^^^^^





    http://www.opencongress.org/articles/view/1023-New-in-the-1-Spot-The-Reuniting-Families-Act



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