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  • theMan
    06-14 03:29 PM
    Even my 140 was filed with CP. My PD was current last month. I filed my 485 (AOS) last week. As per my attorney if CP is specified in your 140, you have 2 options. You can file CP or AOS. You can just file for AOS. No need to convert. But AOS is speicifed in your 140 and want to convert to CP. Thank you need to file some form.

    Thanks for the update. I received the same answer from my attorney as well.





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  • chanduv23
    02-23 02:09 PM
    Chandu, my question is not whether HR dept can handle it properly or not.

    My intention/question here is if an applicant is on H1 (most of the cases 5th or 6th yr of H1) and then loose the job and until he finds other job (has EAD but never used it) the applicant does not have payroll running during the break. then technically is he ok or does he has to maintain h1 status or does EAD protect him.

    Coz until he finds a job and files for AC21 an applicant does not do any thing.

    And what do you mean by satisfy AC21 criteria. unless you find a job you cannot file AC21....so during the gap (what is the status of this gap?...technically I am trying to find an answer. please point me to a link or document. If you are aware of it, else can IV find an answer to it)
    "f you lost job on h1b and satisfy AC21 criteria then you are in pending AOS state and use EAD to work."

    Chandu, thanks for at least answering my question.

    Good luck for you!

    As far as I know, if you filed for 485 and crossed 180 days after that with the same employer - it basically means that you have satisfied AC21 minimum requirement and you must look for a new job under same or similar category. If you manage to find a job pretty quick, then you can go for h1b transfer and it should not be an issue, but if it is taking time, then you may have issues with transfer because you may not have paystubs, but technically, you are legally allowed to stay because a decision on your 485 has not yet been made and before a decision is made look for a new job in same or similar criteria.





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  • n2b
    07-21 10:16 PM
    EB2 July 2nd 9:00 AM delivered





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  • jonty_11
    09-29 12:05 PM
    The way USCIS functions, I would rather see the movement of the dates back rather than forward...why?

    This is the time when USCIS actually TRIES to follow FIFO: meaning tries to work on old cases. Last quarter is usually a mess and approval pattern goes to TB to BB (top of the box to bottom of the box).

    So, It is a actually a good thing, if PD stays there or moves back; that will make USCIS work on approving older cases at this time.

    It is also a good sign that DOS mentioned that "they are waiting from USCIS for pending numbers": that means, they actually asked for those!!!!!! AND USCIS is working on it (or atleast told them so). This has been the crux of all the visa number movements including random approvals. If this is sorted out somehow, it will be a great deal of improvement in implementing FIFO system to some extent. If USCIS gives that info to DOS, there will be someone (DOS) to ask USCIS: WHY DO YOU NEED TO MOVE PD FORWARD TO 2008 WHILE YOU HAVE SO MANY THOUSANDS OF CASES FROM 2000-2005 PENDING??

    Unfortunately, they now will not have any excuses (with security check and name check moving towards "current": thanks to FBI), they WILL have to increase their efficiency in processing the cases!:)
    "Unfortunately, they now will not have any excuses (with security check and name check moving towards "current": thanks to FBI), they WILL have to increase their efficiency in processing the cases!"

    Man you are optimistic -

    You can forget and kiss this thought goodbye.....



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  • javadeveloper
    12-31 04:27 PM
    I prayed to God to make Wednesday as Saturday and Saturday as Wednesday for the whole world. But that did not happen. So do you think it proves God does not exist? :D:D

    I do not think God really cares about a piece of plastic or for any man made issues. Man needs to handle his issues himself.

    I was just trying mention what a common expects from a GOD(If he/she really exists).Later we came to a conclusion that there is nothing like GOD it's only the Nature that exists





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  • zico123
    06-22 06:24 PM
    [QUOTE=zico123]H4 is a dependent visa and there is legal employment allowed on H4 status.

    I dont agree with the above statement.
    Sorry I forgot to put the "NO: there. :eek:



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  • looivy
    07-14 06:22 PM
    They are cashing (name or headlines) on our people's hardwork. They have no right to take credit for other people's effort. How many folks did they send to today's rally or how many flowers did they send?

    Does it really matter who the messenger is as long as the message gets through?





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  • h1bmajdoor
    04-28 11:19 PM
    Then there will always be people like Lou Dobbs who will say that "potential immigrants will get points only if they make 240K a year and are 25 years of age". The UK is also restricting people by increasing the point based system. Now people who make 35,000 GBP a year do not get any points in the HSMP.

    the problem currently is that the system is full of lies. when you came here did you know that only 10,000 indians, by LAW, are allowed to get employment GCs per year? No. They gave you all that green grass story about how your math skills are needed here. how they don't like to study math here (and why not? all the books I studied math from were by American profs. ).

    They don't want to study math because it doesn't pay. Lawyers, doctors and MBAs (bullshitters) make money here. someone has to do the work. that's where the illegal mexican and WE come in.

    Let them make whatever rules they want. If the rules are bad people will stop coming here. But BEFORE a company makes an offer for an H1 employee, it should provide all the fineprint. How long the queues are, how many people get added per year, the expected time for GC processing, the fact that changing employers is almost impossible.

    You know what they used to tell the africans on the ships when they were brought as slaves? "american dream, liberty and all that BS".

    http://www.pbs.org/wgbh/aia/part1/1i3001.html

    "If I'm an African brought to Virginia, brutally mistreated, there's no way that that negative feedback can return home to alert my relatives of the problem. And that lack of communication means that the exploitation can continue."



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  • Openarms
    05-13 04:34 PM
    siddar,
    well said, you got couple of great points.

    ashkam,
    when a person applied his GC process 2002 EB3 with 3 years experience per say, another person 2004 EB2 with 5 years experience. How come EB2 guys is smarter then EB2. By the way lot of people in those days who applied under EB3 are well qualified and well educated. In my experience most of them are doing jobs that will easily comes under EB2.





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  • Milind123
    08-02 12:52 PM
    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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  • gc_mania_03
    08-16 06:30 PM
    All the way one keeps thinking that you are free to start a business, look for more exciting opportunities, go work in starbacuks...( yeah all that )...once you get a GC..

    But, now everyone is talking about again sticking to the sponsoring employer, a green card being revoked while entry...and umpteen scenarios...

    So, where does it end..when can one really feel you can flex yourself and do something without worrying about my employment history...





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  • CWYGC
    03-03 06:21 PM
    Will send check out this weekend.



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  • bikram_das_in
    08-05 12:18 PM
    Here is a different translation

    Justaju jiski thi, usko to na paya humne..
    I did not get whom I craved for.

    Is bahane magar dekh li duniya humne.
    In pursuit of my craving, I experienced true world and life.

    Roughly it translates to;

    Justaju jiski thi, usko to na paya humne..
    The person/object whom I was desiring to get it, not achieved it,

    Is bahane magar dekh li duniya humne.
    Due to this desire, atleast I have seen the world in its true colors





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  • StarSun
    06-01 10:54 AM
    Members registering as Maybe, the time to make the commitment is NOW - so please confirm your participation in the advocacy event. We have 3 and half working days left!!
    Thanks



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  • TheOmbudsman
    07-21 01:03 PM
    I agree.
    I lived in Canada for a year. I also worked in my own country before coming to the US. At least in my experience and from talking to dozens of friends in Canada, my home country offers more potential for revenue than Canada. You will see it when you move there.

    I will never forget when I landed in Canada in Toronto back in 1998, I met a girl at the airport and many at the Hostelling International who told me lots of stories on why I should go to the US instead. That particular girl was living in the US illegally.

    I am sorry to tell you that leaving the US and going to Canada may not be a solid plan B.
    Why don't you start a similar forum for "going back to

    India" ? I hate to burst your "bubble of hope" but Canadian population and job market is limited and the opportunities for professionals like us are limited. Why not consider going back to India and taking up some of the lucrative opportunities in middle management in the IT industry.

    The Indian economy is booming and the salaries are excellent. You just need to make some adjustments with quality of life (pollution, traffic). Atleast its better than going to Canada, living in limbo while looking for suitable jobs for a long-time, sometimes even doing odd jobs just to make ends meet. I hate our Indian mentality that "every place in the world is better than our own country". Give me a break guys.

    My plan of action is very clear: Go back to India and live there happily. If there are other opportunities in US then come back.

    Cheers.





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  • coolstonesa
    03-27 07:53 PM
    Pal, don't try to be selfish and narrow minded here. Step into PBEC victim shoes and then we shall see what language you speak.

    Opportunity to speak in front of congress won't come everyday. So we should highlight all the problems faced by us during the employment based immigration process -- whether it is rotting in the PBEC mess for labor certification for 3-5 years or for visa numbers. They all should be brought forward.

    The deadlines don't mean any thing but the results in hand do. If it were resources issue, then DBEC would also have been also stuck somewhere with 2001-02 cases but no.. they are processing 2004-05 cases. There is something seriously wrong with PBEC and needs to be fixed.



    There has been established a way to deal with backlogs at Dallas and Philly, and these officials at PBEC and DBEC have been given a deadline of Sept 2007 to clear everything. So someting is and will be done in this regard. Not much more can be done here with PBEC or DBEC, and the real test is to get solutions for the retrogression.
    Once the laws are passed on the immigration reforms, its a done deal my friend, and then it does not matter how much we try after this to address retrogression. This is our only chance.
    BUT realize that there have been delays in PBEC and DBEC only because of lack of resources, which can be added or taken off...and this will speed up or slow down DBEC or PBEC. This can be controlled outside legislation.
    BUT THAT IS NOT THE CASE WITH RETROGRESSION. NO VISA NUMBERS = NO PROGRESS TOWARDS FINAL GREEN CARD. DONE DEAL.

    SO PLEASE FIGHT FOR RETROGRESSION AND DO NOT LOSE FOCUS BY FOCUSSING ON PBEC AND DBEC. PBEC AND DBEC IS JUST A RESOURCE ISSUE AND NOT A NUMBERS AVAILABILITY ISSUE. LETS NOT LOSE THE WAR TRYING TO WIN A SMALL BATTLE.



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  • aadimanav
    08-20 04:42 PM
    Source: www.immigration-law.com

    08/20/2008: Immigration Reauthorization Bills and Senate Needs a Political Push

    * There are four reauthorization legislative bills in the Congress. (1) Conrad 30 NIW bill , (2) Regional Center Pilot Investment bill (EB-5), (3) Nonministerial Religious Worker R-1 and Special Immigration bill, and (4) E-Verify Electronic Employment Authorization bill. The E-Verify reauthorization bill is very controversial adn currently facing a stong political opposition from political forces. The House passed the first three bills and forwarded to the Senate quite some time back, but as we reported on 08/02/2008, the Senate floor referred the bills to the Senate Judiciary at the last minute before the Senate left the Hill on August 2, 2008. These bills are currently presented to the Senate in two different formats: One is the format of the Senate's consent to each of these House bills separately. The other is Senator Specter's consolidated bill that put together all of these four bills into one bill. Obviously, Senator Specter's strategy must have been to tie the reauthorization bills to the controversial E-Verify Reauthorization bill. We reported that he apparently changed his mind and was pressuring the Senate Majority Leader to introduce E-Verify bill in the Senate first. Accordingly, it is unclear which strategies will work better to get these reauthorization bills passed in the Senate before they return to the election recess in early October.
    * The Senate is scheduled to return to the session on September 5, 2008, Friday, and to pick up the defense appropriation billl debates. The House is not scheduled to return to the session until September 8, 2008, Monday. Procedurally, unless each of the reauthorization bills is consented by the Senate floor without amendment, they will have to go to the conference committee or the House just consent to the Senate's amendment. The problem is the House bills were referred to the Senate Judiciary Committee just before the recess and unless a sufficient political pressure is added to the Judiciary Committee Chairman Lehey, they are destined to go nowhere when it comes to the time frame. On the other hand, Senator's consolidated bill faces its own problem because of the E-Verify reauthorization proposal. Besides, even if the Senate floor quickly takes up this consolidated bill, since it is a Senate bill, it will have to be presented to the House for their consent for the Senate versions. The question is how and when all of these actions will be taken up by the leaders of the Senate. The answer appears to be obvious. The relevant immigrant communities must recharge themselves and act quickly to add pressure on the Senate leaders to take up the bills quickly as soon as they return to the session. Probably it may be too late to attach these bills to the defense appropriation bill which they will pick up on the first day of their return to the Senate.





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  • gunabcd
    05-24 04:04 PM
    what do you mean? Who are these rest who will go into a new merit-based system? Even if you count only the number of people here who have approved I-140, that alone is enough to delay us for a very long time even with the current quota (140K). Otherwise we would not have had retrogression.

    It won't be so terrible for those who filed in 2006/07 to wait another 2-3 years. Plus poeple like me (PD sep 2004) will file in the new Point system reducing backlog for others.





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  • vkannan
    03-11 12:45 PM
    let us start May 2009 predictions.

    EB3-I 2003 October

    If at all something happens, it should be in July/August bulletin, forget the rest of the months prediction....lets have a peaceful few months........





    sayantan76
    07-06 12:36 PM
    Why not? Although I have applied for GC, I have no desire to take US citizenship, just to let you know. The majority does not mean the whole world and also does not mean everyone. There are Indian citizens that love India. Parents should be able to make decisions for their kids until they are 18. The kid can take US citizenship when he is 18 if parents have opted for Indian citizenship.
    well said my friend and i agree with you completely. although, i grappled with this issue when we had a baby.......the question where i got stumped was - if i got Indian Citizenship for my child (born in US), what would be the child's legal status here? and, also if we were traveling outside the country - how would the child reenter US?





    nviren
    04-26 12:25 PM
    I love you guys, I love IV.

    Keep it up.



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