Tuesday, June 14, 2011

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  • gc_dream07
    06-10 12:53 PM
    I support this move. If it takes 10 years to get the GC after filing I-485, then we should get 10-year EAD/AP. Why should we pay every year throusands of dollar.




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  • raysaikat
    04-22 01:36 AM
    Hello
    My story is:
    I've been on J2 for a while, it expires in May 2011. I have a EAD and currentlt I'm working for a company as a professional.I have a 5 years of Bs degree.
    Questions are:
    1. Can my employer apply for a Perm Cert for me if they want.
    Yes.

    2. After getting the perm cert. can my employer file I 140 under EB3 for me?
    Yes.

    3. Will I be eligible for premium processing for I 140 application, in 15 days?
    I-140 premium processing was suspended and then resumed again only for some H1-B status holders last year. I do not know if USCIS removed the restrictions. If not, then you would not be eligible since you are not on H1-B.

    4. Lets say all the above steps are accomplished and I got approved for I 140, all happened prior to May 2011 (this is the actual date my J visa and EAD expires).
    a. Then I'll still be working with my current EAD, right?
    Depends. J-visa status requires non-immigration intent. I do not know if submission (and approval) of I-140 constitutes expressing immigration intent. If yes, then your status would cease and your J-2 EAD will not remain valid. Ask an immigration lawyer.

    b. Then what happens after May 2011?
    Unless you have some other VISA that would allow you to stay in the US, you need to leave US.

    c. DO I need to wait to file I 485 or can I file it right after my I 140 approved?

    You cannot file I-485 until your priority date -- the date when your employer submitted labor certification petition --- becomes "current" (i.e., the month when Department of State's published cut-off date for EB3 goes after your priority date). Currently EB3 cut-off date is 22APR03. So plan on waiting for about 10 years or more.

    d. how can I legally work in the USA after my EAD from J visa expires, but if I have approved I 140.
    thank you very much

    No. You cannot even stay in US unless you have some other VISA that would allow you to stay in US.




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  • JeffDG
    01-19 08:04 PM
    I like to talk about people who wouldn't qualify as EB2/EB1...

    Bill Gates for example. Steve Jobs for another...both are college dropouts...ok, now they could get EB1C, but neither qualifies for EB2.

    Another dropout who is an immigrant is Richard Branson (Virgin everything)




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  • gc_buddy
    01-08 08:08 PM
    Ok, Noted. That's what my company few years back advised few of our assoicates to do when they did not surrender I -94

    Embassies do not handle these matters. Departure and arrival records are maintained by Customs and Border Patrol (CBP). Here is the link for instructions on what to do if you did not surrender the I-94:

    http://help.cbp.gov/cgi-bin/customs.cfg/php/enduser/std_adp.php?p_faqid=752&p_created=1077641280&p_sid=RGQ8g3Hh&p_lva=&p_sp=cF9zcmNoPTEmcF9zb3J0X2J5PSZwX2dyaWRzb3J0PSZwX 3Jvd19jbnQ9OCZwX3Byb2RzPTAmcF9jYXRzPTAmcF9wdj0mcF9 jdj0mcF9zZWFyY2hfdHlwZT1hbnN3ZXJzLnNlYXJjaF9ubCZwX 3BhZ2U9MSZwX3NlYXJjaF90ZXh0PUktOTQ*&p_li=&p_topview=1



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  • amitjoey
    12-04 01:21 PM
    I am a Commercial/Industrial Architect and have allready had to turn down 2 jobs this year making double what i make here in hicksville Fresno CA due to the fact that i do not have a green card.
    As far as the investor visa,i have looked into this too with my attorney and i am not elligible,even though i have the funds,due to the fact that my previous attorney did not file my papers on time in 2000 and therfore had to refile under 245i in 2001 and i am paying the price along with 30 other clients of the crooked attorney who ran away to another state.
    My earnings this yr were above your guys fugures but Uncle Sam takes a very large chunk due to being single,no real estate in my name and no tax write offs.


    lucky7: Are you a licenced architect? Construction Manager? or a Jun-Architect?. You said $92/hr




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  • yabadaba
    06-21 07:35 AM
    Although that the rule..I dont think USCIS actively follows it. The reason for that being the ombudsman report that states that the adjudicating officers pick low hanging fruit first (simple strforward cases) and that is reflected on where people have been getting their 485 approved within 90 days (which the ombudsman's report states is uscis's goal). right now the processing date is holding at 9 months. maybe to dissuade people from continously calling the NSC 1800 number.



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  • vallabhu
    09-16 02:59 PM
    Done




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  • GCPagla
    03-16 02:18 PM
    Hi,

    Thanks for all your replies.
    I am trying to catch hold my lawyer. He is attending some conference today and said will be available tomorrow to respond.

    So just to sumup all your openion is:

    Job title should be same or not? I got 50-50 response on this. Do not know what to say, but kind of thinking may differ.
    Job Description on offer letter? should match word to word with LC

    Salary? OK as long as it is heigher.
    company size? does not matter.

    Please let me know if all the above assumptions are correct.



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  • GCwaitforever
    02-27 03:46 PM
    I will offer a different perspective. There are IT packages for every application nowadays. If you have expertize in your own field (Bio Engineering or Finance for example), try to think of unmet needs in your functional expertize areas and come up with a software product. That will be the best use of your knowledge. And do not forget IV, when your product becomes a big hit and you become a millionaire.;)




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  • arjun007
    02-07 10:16 PM
    PIMPS sounds wrong..thx for the correction..

    I94 discrepancy

    The US immigration officer at the Halifax airport took my old i-94 which was stapled to my passport (but did not take the i-94 from my 797 form)..But for my friend , the other officer did not take any.. just issued him the new i-94.. though my friend asked the officer if he forgot to take the old i-94, the officer said "dont worry abt it"



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  • vsc
    01-31 06:44 PM
    thanks for the reply..this means having a dependent visa is the key at the time of approval..

    if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?




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  • checklaw
    03-24 05:36 PM
    Mighty impressed Mark.!!!



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  • thandan
    03-15 07:19 PM
    Typo fix

    They have also obtained a I-797 for me as a backup which I have not used




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  • GC_SUCK
    11-02 11:03 AM
    As per my knowledge, GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.

    Plz. correct if I am wrong.

    My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.



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  • jackisback
    06-07 01:03 AM
    I would (and did) send to the address on the confirmation page. If you search for other forums on EAD filing recently, that is what is also recommended there




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  • centaur
    02-09 08:39 AM
    I brought this up in July 2006, about atleast filing a class action lawsuit, even if its thrown out of court, we have attention of the news media. Being a taxpayer we are entitled to use the court system. But, at that time I was practically boo-ed of the website to the extent, that I erased my comments and stopped coming to this website.

    If we are in this together, I still think its possible. We talk about media attention, this is probably the best way to do so.

    Grounds:
    1) Discrimination based on country. I know about 7% quota, but a judge can put a hold on quota or refer it to more stidies or throw this issue. We dont know what the judge will think, its highly stupid for us to assume, that he will be against us from the start.

    But it will get media coverage and media will definitely comment on numbers of indians/chinese and simple ignorance of whoever came up with this quota. And also the fact that these are doctors, engg stc and in high tax-brackets.

    2) Emotional trauma, spouse not able to work and such. Thats a human rights issue, which is even bigger than immigration. It will start another debate.

    These are two very big grounds, another would be taxation without representation.

    I know immigration is a privilege, butas long as it gets media attention and average american starts realizing the difference between legal and illlegal.

    I think it will also bring CIR to debate sooner.



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  • akhilmahajan
    11-14 09:01 PM
    ^^^^^^^^^^^^^^ Bump ^^^^^^^^^^^^^^




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  • maverick_joe
    05-07 01:14 PM
    its not mandatory to work while on EAD but did you do a job on EAD at any point of time to get out of H1 status?

    How long can one stay unemployed on EAD? my pd is Nov2005 EB-2
    I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
    Your responses will be really appreciated.ASAP




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  • Scythe
    11-29 02:34 AM
    Gah, I knew it! :deranged:




    hibhagya
    05-15 12:03 PM
    Great job and hope the current immigrations bill will pass this year.




    indianabacklog
    02-24 12:57 PM
    it was for visa stamping

    Visa stamping is not necessary to remain in the US so wondering why a CPA would consider this a necessary work expense.



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