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  • RSM1444
    10-14 04:29 PM
    Spring 2010 (http://www.reginfo.gov/public/do/eAgendaViewRule?pubId=201004&RIN=1615-AB82)




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  • Aah_GC
    06-19 07:51 PM
    If I were you, I would look for opportunities that fall in line with your GC labor. System Analyst and Project Manager don't really go well together, leave alone the SOC codes. Your PD also seems to be quite close (relatively speaking).

    If anything try to negotiate your external title with your prospective employer.

    Good luck, can understand your frustration.




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  • ck_b2001
    12-12 11:33 AM
    I got only 2 copies of AP from TSC. I might have to go to India multiple times in coming months (more that 2). Will the POE officer take the original AP on each entry? Is there any USCIS/CBP reference/guidelines that instructs the POE officer to take the copies and leave the orignals with us? Any help appriciated

    Thanks

    Give them one orginal. Subsequent trips, just tell them that you have only one original and they will make copies. Some body posted a memo but i am telling you from my personal experience that they do not insist for original if you dont want to give them one.




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  • gcisadawg
    04-28 01:04 AM
    No TSC is not. TSC goes by priority date and not processing date. TSC I have seen follows different processing style. For e.g. if your namecheck/security check or some kind of check is pending they dont send you FP notice. Also they process applications if your PD is current/close to recent bulletin.

    We got RFE for my wife's I-485 from TSC.



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  • xbohdpukc
    04-02 10:06 AM
    You guys probably verified this already but -

    if you read (the intended) Sec 218D (amendment to the INA) and Sec 602 of S.2454, they do not exclude legal aliens.

    All that is required under 218D is that a person must have been in the US on or before Jan 7, 2004 and have proof of employment.

    Why shouldn't a legal nonimmigrant visa holder apply for AOS under 218D?

    What am I missing here?

    you are missing the whole point: you should've been undocumented on or before Jan 7th 2004




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  • thandan
    03-15 03:29 PM
    Background:
    My wife and I are currently working on EADs obtained through my previous employer filing for my green card (eb3 India, pri date: dec 2005), my wife is a dependant on this greencard petition. We last re-entered US using our AP. Two years ago, more than six months after my I-140 got approved, I changed my employer (to a similar position in the IT field itself) and my new (and current) employer filed for AC-21. They have also obtained a I-797 for me as a backup which I have used. Also prior to getting my EAD, my wife worked on an H1 visa for a year and then we got EAD, she has been working on that ever since. Our EAD was recently submitted for renewal and will be valid for the next two years.

    I got accepted into a fulltime MBA program in the US, which I am planning to attend. This would mean that I quit my current job and after the two years in MBA I will be joining a different employer in a different field (ie: I will be moving out of IT into something like finance). I am assuming transition to F1 is out of question since I have shown immigration intent

    Questions:
    1) Will it be legal for me to go fulltime to school on an AOS pending status?
    2) Will I have trouble, re-entering the US on an AP if I travel overseas during the time I am enrolled in school?
    3) Can I use this EAD card to go for an internship between my first and second year (the job will not be IT)?
    4) Can I use this EAD card to work fulltime after MBA graduation, provided it is still valid for a few more months (the job will not be IT)?
    5) If my post-MBA employer files for a greencard for me in the new position which is different from IT, will I be able to use my old priority date of Dec 2005?
    6) To mitigate risk, my wife is planning to go into H1 so that I can get an H4 if going to school on EAD doesn't work. Is this strategy to use H1 during school time (and travel overseas and re-enter using H4) and use EAD while internship safe?
    7) If my wife cannot find a H1 job, can she work on her EAD while I am also using EAD to go to school
    8) I am assuming that for any EAD based status to work, I need to have a future job offer in the same category. My current employer will not do that.I can get a future job offer from a small IT consulting firm in the same IT field for which my greencard application was filed for. Will that be good enough to keep my EAD alive while in school?

    Thanks SO much for answering. I have this wonderful opportunity in front of me and I really hope immigration will not be a road block to achieve my dreams.



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  • jayleno
    03-11 06:02 PM
    Buddy,

    Are you the same person as the one who posted this? Has someone hijacked your id or your brain?

    http://immigrationvoice.org/forum/showthread.php?p=129163#post129163

    You are asking an employer to do you a favor by sponsoring you a labor certification without a bonafide intent on your part to join the company.
    I am sure you would be willing to pay money to the employer for that.
    Please just get off this immigration boards these are for broad issues not a forum to encourage dubious if not illegal activity.


    This is a very subjective question of intent? If the employer has no problem and willing to support the petition and a job offer when the RFE arrives, how will the UCSIS ever determine intent.
    Lets assume the greencard is approved and can it be revoked if i never work for the employer.
    And will the fac that i worked for them in the past and resigned before filing a I 14o be a negative factor for adjudication.




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  • Humhongekamyab
    05-21 12:46 PM
    The example he has given is a special case. The guy needs H1, because his son was out of status. Something is missing in the case. The child came to US 10 years back on B2 and stayed on B2 forever without extending or changing the status???

    We need H1 only when we are not married or we have not filed I-485 for the dependants.

    I agree. This was a special case and the attorney initially filling the 485 should have caught this error.



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  • mhtanim
    02-26 02:04 PM
    This is correct as per my understanding. As soon as your GC is approved you will need AP to re-enter US. IO at POE will have the information about your approved GC. I do not think he will allow you to enter on H4 after the GC Approval.

    This is just my understanding. Check with a attorney to get precise information.

    No need for AP. If someone mails him the GC, he can get back to the U.S. with it.




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  • ivgclive
    04-21 01:31 PM
    There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.

    Has anything been done yet?

    This is something like filing a law suite against Manmohan Singh for having inefficient ministers under his goverment.

    Hire a top attorney, paying him half of your earnings to get an answer from the court saying that "thats how things work".



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  • alterego
    12-10 07:00 PM
    I wonder how it is they justify over 70K visas to EB2ROW, keeping it current all year, when EB2 I was so retrogressed and got only 15K. FIFO my foot. This is the most mismanaged, subjective thing I have ever seen. Translated for us, luck of the draw.




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  • njboy
    09-25 05:27 PM
    venky is right..find out why it was rejected..im sure an rfe was requested..right? did you finish your MS by april?
    however, venky, your suggestions are not very sound..did you hear that that h1 quota is over? how can his future employer file for him? he can only start working oct 08 earliest



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  • EdenMN
    04-17 04:57 PM
    seems like it's against H1s and not pro immigration policies.
    If so please delete this thread people may by mistake sign it for this petion




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  • webpromo
    03-25 09:50 AM
    they gave the xerox copies of the passport , and hold my passport , I never heard any one in this situation , they are so stupid and racial ,and I don't think they make sense , read this this is real situation in US this is true , because I the victim of this

    Guide to US Deportation (http://www.asifism.com/guide-to-us-deportation/)



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  • chanduv23
    04-13 10:43 AM
    You are very correct. For them immigration issue means, family based greencard system. They will be happy if EB greencard is eliminated so that all greencards are given to their families.

    My friend contacted such organization and they said that they will help us by putting our issue on their website. For that I should ask IV to contribute to their cause. They refused to contribute anything or do anything for IV. They said that by putting IV's name on their site, they are doing us a favor by enhancing our profile and that is a big help. I am now repulsed by such ABCDs.

    This is so much in contrast to hispanic orgs or Irish orgs or jewish orgs who care for their people.

    yes, our community is divided. The main reason is, all these years, majority people used short cuts methods or got lucky or effortlessly immigrated and jumped to the other side. Things were not so tough for them as compared to us and we are competitive. They hate us for being competitive so they influence the law makers and the results is obvious EB green card is 10% and FB system is bringing in 60%. They take advantage of the the H1b system to live on us and influence the policies making it tougher.
    We are better off not seeking their help, but if people think otherwise, go for it. A lot of these organizations are formed for convinience and self interest and they really do not have any interest in the community as a whole.

    Take example of ATA and TANA. ATA is called American telugu Association and TANA is called Telugu association of North America. They say ATA is for Reddys and TANA is for Khammas.

    Look at the Gujjus. They are strongly bound their community only. Look at all the Tamil sangams, Kannada Sangams, ......

    I am not blaming them, but just saying that their agendas are not ours. We may be better off not spending time with these people.




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  • milind70
    02-18 12:16 PM
    Hello IVans,
    My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.

    Thanks.

    I am pretty sure the medical exam expenses do qualify for tax deductible.
    As far as lawyer fees and USCIS fees there are two school of thought, one says the are tax dedutible and other say they are not, but as per my CPA( and i take services of a professional one and charges around 250 USD for my tax filing) anything that is work related is tax deductable i.e. softwares,stationary,part of apartment rent(if u telecommute),expenses towards job hunting, even H1B visa stamping fees,even bad loans can be written off as loses



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  • ivar
    02-07 09:48 AM
    How did you celebrate?
    What are your changed plans now in life?

    Nothing much has changed right now, but first thing i want to do is vacation to india to see my parents. I can feel the difference no wasting time and money on H1 stamping as the first benefit :) as far as celebration we had a party this weekend. i wish you good luck.




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  • ItIsNotFunny
    12-02 01:34 PM
    Imagine if someone has a cancer and he goes to a doctor and doctor tries all kinds of medicines and it does not work. He does get some relief in the pain though. So do you think the patient should ask for refund for all the money spent?

    Likewise broken immigration system needs to be fixed and everyone tried hard for one year. We did get some relief from our pain due to 2 year EAD and namechecks memo. But the cure/bill did not pass. So do you think it means we should ask for a refund? And do you think anyone will even talk to us in DC next time if we act so cheap for the $5s some of us paid.

    Why dont you have the courage to ask your lawyer for a refund because you dont have a greencard yet. Can you do it? If not then I think it is irratational to even think about it?

    You are right about doctor, patient... But I am not sure whether lobbyist did what they say they did. I am sure Core members are keeping track of their activities but zero output was quite disappointing. Some point of time it even makes me think that they were charging us for hours they spent in Starbucks.




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  • vikramy
    08-17 10:16 AM
    I recently transferred my license week back. I just showed my EAD. He cheked online and gave license based on that. At the end he took 485 photo copy.

    This is at Dublin DMV.

    Hi Guys,

    I am on H1B and my wife is working using her EAD. Like most people on here we applied in the July 2007 rush.

    Now her licence in PA was expiring and we went to renew it and provided ALL necessary documents such as Passport, I-94, current and future EADs. However at the very end after about half an hour of providing documents, the DMV guy said that the system needed "more info" and that he would have to fax everything to Harrisburg who would then contact the INS for the missing info and we would get some "letter" from the DMV.

    Has anyone faced a similar issue in PA before? If so how soon after did they receive this letter? Is there anything I can do to expedite the process such as contacting my local Sentator/Congressman's office? We have a small baby and my wife needs to drive to go to work.

    Thanks.




    morpheus
    04-03 05:33 PM
    Morpheus,

    Thanks for your interest. We did consider all three of them but when we did more research, we found that all three of them did not get their Green Card on EB category. They had come here because their parents had come here.

    qvadis, Thanks for pointing out Andy Bechtolsheim and Safi Qureshey.

    OK - good point. Linus Torvalds was an H1/green card immigration to my knowledge, and he would make a good addition to the list.

    http://en.wikipedia.org/wiki/Linus_Torvalds




    GcSTART1
    09-01 02:13 PM
    You may not use AC-21 AOS portability for future employment green cards. This is because the start date of employment on your AC-21 letter(from I assume your current employer) should be 180 days after filing of your future employment 485. Since you have been working for your current employer prior to that - USCIS will deny your 485

    I a in similar situation My I 140 is approved from previous employer (company A) if the employer agrees to go forward with I 485 , Can I still work for Compnay B and use Ac21.

    For AC21 does the jobs exactly have to match with the technoligies mentioned in labor , Or a generic job descirption of Software developer will be taken in to considerarion.



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