pmb76
07-14 10:45 PM
Abhijit, you are correct about the quotation marks. Unfortunately I had to create a new petition since I couldn't modify the old one as it was already signed. I guess I messed up and overstated certain things in the old petition.
Sincere apologies. Please sign new petition.
http://www.petitionspot.com/petitions/loudobbs
Sincere apologies. Please sign new petition.
http://www.petitionspot.com/petitions/loudobbs
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desi485
11-09 03:29 PM
Nice. It appears that according to the link below:
http://immigration-information.com/forums/showpost.php?p=18946&postcount=28
The EAD doesn't get invalid when AOS is denied and will be valid till its expiration date.
On the other hand, it appears that there is an advantage to switching to EAD prior to the 6 year H1 expiration to stop the H1 clock. In situation where a AOS is incorrectly denied, a change of status from EAD to H1 for the remainig time can be helpful.
Thoughts?
One more thing. Working on EAD can be preferred to both categories, ppl who has consumed all 6 years and ppl who haven't yet.
1. If you have consumed all 6 years, according to above link, can file MTR if 485 is wrongly denied due to AC21. EAD remains valid till atleast the appeal period. while if they are on H1 extension beyond 6 years, H1 is cancelled with immediate effect.
2. PPL who haven't consumed 6 years have an added advantage to come back to H1 and guess what, he can (if needed) start a new GC process while retaining his older PD (as his 140 was once approved, he retains that PD for life).
I found this by extremely intense research on internet, CIS website and many well-known lawyers forums, chats and discussion. However it is always advisable to consult your own attorney.
http://immigration-information.com/forums/showpost.php?p=18946&postcount=28
The EAD doesn't get invalid when AOS is denied and will be valid till its expiration date.
On the other hand, it appears that there is an advantage to switching to EAD prior to the 6 year H1 expiration to stop the H1 clock. In situation where a AOS is incorrectly denied, a change of status from EAD to H1 for the remainig time can be helpful.
Thoughts?
One more thing. Working on EAD can be preferred to both categories, ppl who has consumed all 6 years and ppl who haven't yet.
1. If you have consumed all 6 years, according to above link, can file MTR if 485 is wrongly denied due to AC21. EAD remains valid till atleast the appeal period. while if they are on H1 extension beyond 6 years, H1 is cancelled with immediate effect.
2. PPL who haven't consumed 6 years have an added advantage to come back to H1 and guess what, he can (if needed) start a new GC process while retaining his older PD (as his 140 was once approved, he retains that PD for life).
I found this by extremely intense research on internet, CIS website and many well-known lawyers forums, chats and discussion. However it is always advisable to consult your own attorney.
pappu
04-26 11:45 AM
http://www.businessweek.com/bwdaily/dnflash/content/apr2009/db20090423_219068.htm
But advocates for skilled immigrants�many of whom remain stuck for years on H-1Bs waiting in the long queue for permanent residency�worry that the bill is a political maneuver rather than an earnest effort at reform. Aman Kapoor, president of the skilled immigrant advocate group Immigration Voice, says that a more effective bill would ensure H-1B visa workers are on a level playing field with U.S. workers. "Skilled immigrants on H-1Bs don't get the same rights and protections as everyone else," says Kapoor. "So wouldn't the solution be to empower and enable the skilled immigrants on H-1Bs such that�skilled immigrants on H-1s have adequate protections so that no one can take advantage of [them]? But no one wants to talk about protections for skilled immigrants."
But advocates for skilled immigrants�many of whom remain stuck for years on H-1Bs waiting in the long queue for permanent residency�worry that the bill is a political maneuver rather than an earnest effort at reform. Aman Kapoor, president of the skilled immigrant advocate group Immigration Voice, says that a more effective bill would ensure H-1B visa workers are on a level playing field with U.S. workers. "Skilled immigrants on H-1Bs don't get the same rights and protections as everyone else," says Kapoor. "So wouldn't the solution be to empower and enable the skilled immigrants on H-1Bs such that�skilled immigrants on H-1s have adequate protections so that no one can take advantage of [them]? But no one wants to talk about protections for skilled immigrants."
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gccovet
04-28 11:32 AM
Stuck(no more)intheMuck,
Nice compilation, thanks for doing this for all of us here.
Just a note( i am not trying to deter anybody or argue against your compilation) that by law all foreigners are required to carry their passport, how many of us follow that, on that note, I will not carry original with me at all. just my 0.02 cents.
Thanks again.
GCCovet
Nice compilation, thanks for doing this for all of us here.
Just a note( i am not trying to deter anybody or argue against your compilation) that by law all foreigners are required to carry their passport, how many of us follow that, on that note, I will not carry original with me at all. just my 0.02 cents.
Thanks again.
GCCovet
more...
vejella
07-11 11:02 AM
Does you think it might be possible that USCIS could hold the AOS application and automatically process the application with out any refiling cost ...with or With out encashing the checks...
This solution might be a possible fix to all Folks even if their PD comes in OCT Bulletin ....
This solution might be a possible fix to all Folks even if their PD comes in OCT Bulletin ....
catopa
06-12 04:44 PM
It�s really a sad state for us, first the lawyer�s then the BEC delayed the cases, then the july fiasco.
With a PD of 11/01 I am not sure porting to EB2 will be worth it specially with premium I-140 gone and the costs associated, ????? :(
With a PD of 11/01 I am not sure porting to EB2 will be worth it specially with premium I-140 gone and the costs associated, ????? :(
more...
priderock
05-24 02:20 PM
Does this amendment strictly apply to new H1B filings or will it also impact people with H1B and an approved I-140 but need to extend it due to retrogression?
Regarding the exodus, maybe that is their purpose. Maybe, they have enough
hi-tech workers and they don't need more. I guess we need to watch and wait and accept this as a reality.
They get their way to kick H1 people out. I was wondering what their plans be for kicking GC holders and some who got citizenship out. Bring KKK back ??
The way things are, this does not look like the glorious country I dreamed of.
Last year facing long period of uncertainity I and my wife had made a decision to go back to India after meeting breaking even on our house.
I think most of us wanted to be in US in the first place because we thought that legal systems work here and justice is upheld. If we have to fight with the system anyway, why do it in a foreign land? Better to go home and make that place better .. probably good enough for them to envy.
As of now this country seems to be exactly opposite of what they claim to be.
Justice - not served to us
Freedom & liberty - not if you are on H1
Free economy & globalization - Only if it benefits us
Compassion & Humanitarianism - Only if you are American citizens. We don't care if farmers are comitting suicides in India or starving in Mexico due to our policies & subsidies.
The way I see it American dream is going to turn into American nightmare for many of us.
I think every one is waiting for their proverbial last straw. Is it the one ?? A million dollar question.
Regarding the exodus, maybe that is their purpose. Maybe, they have enough
hi-tech workers and they don't need more. I guess we need to watch and wait and accept this as a reality.
They get their way to kick H1 people out. I was wondering what their plans be for kicking GC holders and some who got citizenship out. Bring KKK back ??
The way things are, this does not look like the glorious country I dreamed of.
Last year facing long period of uncertainity I and my wife had made a decision to go back to India after meeting breaking even on our house.
I think most of us wanted to be in US in the first place because we thought that legal systems work here and justice is upheld. If we have to fight with the system anyway, why do it in a foreign land? Better to go home and make that place better .. probably good enough for them to envy.
As of now this country seems to be exactly opposite of what they claim to be.
Justice - not served to us
Freedom & liberty - not if you are on H1
Free economy & globalization - Only if it benefits us
Compassion & Humanitarianism - Only if you are American citizens. We don't care if farmers are comitting suicides in India or starving in Mexico due to our policies & subsidies.
The way I see it American dream is going to turn into American nightmare for many of us.
I think every one is waiting for their proverbial last straw. Is it the one ?? A million dollar question.
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trueguy
06-17 03:58 PM
Do we have any agenda for EB3-I?
Participate in IV actions. Call the lawmakers.
Participate in IV actions. Call the lawmakers.
more...
scorpion00
08-13 05:56 PM
What a stupid post.
Do you really think that all EB3 people are no US-educated? EB2/EB3 is dictated by job requirements and not the actual qualifications of someone. I am graduate of a top ranked US university but applied in EB3 since my job didn't require M.S and my company didn't want to manipulate the job requirements.
I am sure there are many more like me who were qualified for EB2 but applied in EB3.
If this is the best you can come up, I really hope that this was your first and last post.
Do you really think that all EB3 people are no US-educated? EB2/EB3 is dictated by job requirements and not the actual qualifications of someone. I am graduate of a top ranked US university but applied in EB3 since my job didn't require M.S and my company didn't want to manipulate the job requirements.
I am sure there are many more like me who were qualified for EB2 but applied in EB3.
If this is the best you can come up, I really hope that this was your first and last post.
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gsvisu
07-15 06:46 PM
done
more...
sunny1000
03-13 12:39 PM
Yep, that's "bull period". But assuming AOS bulletin mirrors CP bulletin, it looks like USCIS has decided to play with EB2-India. According to its own process, if USCIS might be working then this bulletin was not expected. 2 things I can think of. (1)EB3-ROW (From which numbers flow to EB2 -ROW then Eb2-countries) is confirmed empty and thus EB2-ROW is empty too (2) Somehow abrupt decision. If it is no:1 then it is really good news. But if it 2 then it will be bad for EB3-India as EB3-India is the MOST suffered lot during 2002-8. and Per country limit will make it more suffered with this illegitimate forward movement of EB2-India. Let's wait for AOS bulletin.
There is no such thing as a CP and an AOS bulletin. There is only one official visa bulletin every month issued by the DOS's Bureau of Consular Affairs. The input for that comes from the Consulates all over the world who process CP applications and the USCIS which processes the AOS applications. But, both USCIS and the Consulates abide by the same visa bulletin which gives the cut-off dates for priority dates.
There is no such thing as a CP and an AOS bulletin. There is only one official visa bulletin every month issued by the DOS's Bureau of Consular Affairs. The input for that comes from the Consulates all over the world who process CP applications and the USCIS which processes the AOS applications. But, both USCIS and the Consulates abide by the same visa bulletin which gives the cut-off dates for priority dates.
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virald
01-31 08:10 PM
this particular question has not been selected. If you go to politico.com and select the live, it bring up a pop-up which has questions to choose from, this question has not shown up there.
BTW i voted five times (different machines)
BTW i voted five times (different machines)
more...
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njboy
01-30 09:55 AM
so those with substituted labor better hope it clears before april 2007, and they get to file i140 otherwise..they'll have to file a new labor..just hope DOL does not let them keep the old priority date..Im not being vindictive..just feel that its unfair that people buy labors for 20K and get green card using a shell company in 6 months.
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panky72
06-02 05:35 PM
Called all of them, updated poll:)
more...
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lvinaykumar
07-14 04:19 AM
http://digg.com/politics/The_Gandhi_Protests
come on guys we have only 14 diggs till now. We are a group of 10000 ppl strong and digg is a quite popular website. Couple of hundred diggs we will get to the main page....
Thanks for you support
come on guys we have only 14 diggs till now. We are a group of 10000 ppl strong and digg is a quite popular website. Couple of hundred diggs we will get to the main page....
Thanks for you support
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santb1975
06-17 03:17 PM
We really need to call
more...
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saibaba
12-02 02:33 PM
One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn’t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs…when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don’t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I’m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2’s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it’s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn’t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs…when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don’t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I’m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2’s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it’s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
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desijackass
01-29 10:49 AM
It took 7 working days last december for my passport to come back.
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darslee
07-14 07:26 PM
Signed earlier :)
ss_col
01-31 09:02 AM
Hi,
Does anyone know what qns # it is at present at or the heading it is under. I could not find either of them.
Thanks
Contributed $300, Sent flowers.
Does anyone know what qns # it is at present at or the heading it is under. I could not find either of them.
Thanks
Contributed $300, Sent flowers.
srini1976
11-13 05:07 PM
Thanks everyone for the feedback. Can some guru put this issue to rest? I guess the only question that remains is:
"For a person who has extended his H1 beyond the 6 year category on the basis of AOS, would this H1 extension be valid if I-485 is denied (either wrongly due to AC21 or otherwise)"
Hi Indyanguy,
This is an excellent question and I was also looking for an answer. I am into my 6th year of H1-B(exactly 5 years 1 month) and also have an approved EAD & AP.
I have a great JOB offer but hesitating to invoke AC21(moving using H1-B/EAD) because these days there are many 485 DENIALS( the moment I1-40 is REVOKED). And NOTHING is guaranteed even if we send the AC21 documents to USCIS. And the EAD automatically gets invalid anyways when the 485 is denied.
Doing some research to find out if H1-B extension beyond 6th year is valid if 485 - gets DENIED? (Example: If I get a 3 year H1-B extension based on my current I-140 approval)?
Also not sure if it applies in my case as I still have 10-11 months of H1-B remaining and if I decide to take up this oppurtunity in the next couple of months and 485 gets DENIED after that. May be I will have enough time to file MTR? I should be fine. But what if 485 gets DENIED after I complete 6 years?
Please provide genuine answers.
These answers will BENEFIT many people.
Thanks in advance.
Cheers,
Srini
"For a person who has extended his H1 beyond the 6 year category on the basis of AOS, would this H1 extension be valid if I-485 is denied (either wrongly due to AC21 or otherwise)"
Hi Indyanguy,
This is an excellent question and I was also looking for an answer. I am into my 6th year of H1-B(exactly 5 years 1 month) and also have an approved EAD & AP.
I have a great JOB offer but hesitating to invoke AC21(moving using H1-B/EAD) because these days there are many 485 DENIALS( the moment I1-40 is REVOKED). And NOTHING is guaranteed even if we send the AC21 documents to USCIS. And the EAD automatically gets invalid anyways when the 485 is denied.
Doing some research to find out if H1-B extension beyond 6th year is valid if 485 - gets DENIED? (Example: If I get a 3 year H1-B extension based on my current I-140 approval)?
Also not sure if it applies in my case as I still have 10-11 months of H1-B remaining and if I decide to take up this oppurtunity in the next couple of months and 485 gets DENIED after that. May be I will have enough time to file MTR? I should be fine. But what if 485 gets DENIED after I complete 6 years?
Please provide genuine answers.
These answers will BENEFIT many people.
Thanks in advance.
Cheers,
Srini
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