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  • bablata2007
    11-27 03:36 PM
    May be I wasnt clear in my query. Here is the situation:

    I am on 8th yr H1B extension. Got my LC approved, got EAD, finger printing done. So now just waiting for 485 to be approved. And if I lose my job to a layoff.....what are my options?


    So an H1B transfer will still work out in my case?





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  • sanjaymk
    11-09 07:17 PM
    Hello,

    I am willing to contribute my time. I have decent writing skills and can create some PPT.

    Sanjay.
    $150 donation so far.





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  • rockstart
    02-23 12:06 PM
    What you think about state of economy does not matter. You have few options at this moment. First of all update your profile. If you have EAD then yes you can do an AC21 but that means there is some company out there which has a job & salary that matches your labor profile. So if you can find one then the option is always open to make the switch.





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  • kaisersose
    07-23 09:01 AM
    All,

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.

    Aamchimumbai

    You do not have to wait till Dec 07 becomes current. I assume when you applied for your second 140, you already requested them to use the earlier EB-3 PD. So when your EB2 140 is approved, it will have the earlier PD, which means you can apply for 485 when your 04 date is current.

    Now all you have to do is wait for your 140 to be approved.



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  • ajju
    03-19 11:36 AM
    For the folks (Ajju) who e-filed using a new SSN for their wives - and used the Paperless option: I understand that you have to put $0 for AGI, how about the PIN - should I (correctly) enter the PIN that was used for the 2006 filing OR does that have to change as well?
    I have e-filed using $0 and last year's PIN, waiting to see if that goes through. It's been rejected twice so far, since I was using non-zero AGI amount.

    Thanks!

    I selected a new PIN... It didn't ask for my 2006 PIN.. I didn't remember last years PIN also.. So with AGI=$0 and new SSN.. you filing should go thru...





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  • gc28262
    03-11 09:28 AM
    I had the same issue. Still awaiting my AP which was applied in Nov 2008.
    When I called up TSC where my application was filed, they kept insisting that they have really mailed it and they cannot issue it again unless they receive the AP saying it is undelivered.

    I am sure my address is correct as per their records. I got my EAD delivered at the same address without any issue.

    Finally I called them again, this time I talked to a more knowledgeable accommodating IO.

    Keep calling the service center till you get an instruction similar to the following.

    This is the instruction provided
    ----------------------------------------------------------
    Fill out I-131 Application or use the copy of your original application
    attach two photos

    Mention the receipt no on the top of the form
    Also mention REPLACEMENT : no Fees included
    Add a covering letter explaining the situation

    Post it to the following address

    USCIS Texas Service Center
    ADDRESS ( This is a special address, This not the standard USCIS address)

    On Lower Left corner of the envelope mention:
    do Not open in the mail room, No fees are attached

    ------------------------------------------------------------------

    I am still awaiting my AP after doing this. :confused:



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  • logiclife
    02-05 05:04 PM
    This article has an overall competitiveness argument saying that the American Competitiveness is not under a threat.

    The PACE act is to protect that IN ADVANCE from happening...ie. having the american competitiveness under a threat from India and China.

    I am going to discredit one argument in his article:

    He says: We do an outstanding job of education for people ages 18 to 65. I beg to differ. If that is his argument to claim that there is no shortage of talent, then he ought to read a survey report funded by Pew Charitable research. The tools used was the same used by National Assessment of Adult Literacy, the government's examination of English literacy among adults.

    More than 50% of students at four-year schools and more than 75% at two-year colleges lacked the skills to perform complex literacy tasks.

    That means they could not interpret a table about exercise and blood pressure, understand the arguments of newspaper editorials, compare credit card offers with different interest rates and annual fees or summarize results of a survey about parental involvement in school.


    The survey examined college and university students nearing the end of their degree programs. The students did the worst on matters involving math, according to the study.

    Almost 20% of students pursuing four-year degrees had only basic quantitative skills. For example, the students could not estimate if their car had enough gas to get to the service station. About 30% of two-year students had only basic math skills.

    The full article was published recently on all major media outlets including CNN, MSNBC and USA today.


    http://www.cnn.com/2006/EDUCATION/01/20/literacy.college.students.ap/


    http://www.usatoday.com/news/education/2006-01-19-college-tasks_x.htm





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  • indian1103
    05-01 10:03 AM
    akhil, It was regular. Hope am this lucky with my 485 too.



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  • vbkris77
    04-13 11:06 PM
    Here is the extract from Immigration and naturalization act. It is as clear as mud.. But most lawyers interpret the way we said in my previous post at least for kids born in USA.

    http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4


    (b) Rules for Chargeability. - Each independent country, self-governing dominion, mandated territory, and territory under the international trusteeship system of the United Nations, other than the United States and its outlying possessions, shall be treated as a separate foreign state for the purposes of a numerical level established under subsection (a)(2) when approved by the Secretary of State. All other inhabited lands shall be attributed to a foreign state specified by the Secretary of State. F or the purposes of this Act the foreign state to which an immigrant is chargeable shall be determined by birth within such foreign state except that-


    (1) an alien child, when accompanied by or following to join his alien parent or parents, may be charged to the foreign state of either parent if such parent has received or would be qualified for an immigrant visa, if necessary to prevent the separation of the child from the parent or parents, and if immigration charged to the foreign state to which such parent has been or would be chargeable has not reached a numerical level established under subsection (a)(2) for that fiscal year;


    (2) if an alien is chargeable to a different foreign state from that of his spouse, the foreign state to which such alien is chargeable may, if necessary to prevent the separation of husband and wife, be determined by the foreign state of the spouse he is accompanying or following to join, if such spouse has received or would be qualified for an immigrant visa and if immigration charged to the foreign state to which such spouse has been or would be chargeable has not reached a numerical level estab lished under subsection (a)(2) for that fiscal year; (3) an alien born in the United States shall be considered as having been born in the country of which he is a citizen or subject, or, if he is not a citizen or subject of any country, in the last foreign country in which he had his residence as determined by the consular officer; and (4) an alien born within any foreign state in which neither of his parents was born and in which neither of his parents had a residence at the time of such alien's birth may be charged to the foreign state of either parent.





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  • thomachan72
    09-19 05:03 PM
    I agree most probably you were granted the visa and I can understand why you did not ask the lady whether you were granted the visa or not. It can become very intimidating and painful when dealing with people who use such positions to harass others. They tend to put all their troubles onto the folks who have to come before them helpless. There are avenues to complain but really does that help?
    Again I very strongly feel that since the lady did not give any specific reason to deny your visas (which is often required) nor did she give any yellow/blue/green whatever papers, you/family were granted visas. So cheer up and remain very optimistic. Let us know when you recieve the visas.



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  • gcformeornot
    12-31 01:23 PM
    vote





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  • gimme Green!!
    07-04 10:05 PM
    Please, stop rubbing salt on our wounds:mad:

    I am surprised by your comment.

    Congrats to ll those who got I-485 approved.



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  • MDix
    03-05 05:10 PM
    Please see my reply in red.

    I have few questions regarding the visa and green card process.


    1. Which documents are required to convert H1 to H4 while being in USA?

    Ans : Pay-stubs and form I-539

    2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?

    Ans: Yes, no pre-conditions

    3. What happens to my green card process if I convert to H4? I have my I-140 approved.

    Ans : It's upto your employer if he keeps your I-140 alive then your GC process is good. You can use your PD in future if you want to re-start your GC

    4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?

    Ans : File New H1 again ( techinacally old one as you are not counted in Quota)
    Thanks and Regards,
    Alpa





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  • sats123
    03-12 08:00 PM
    Thanks for reply and suggestions.

    I called again today and same story. The representative asked me to refile again by paying $305. He said it cannot be reprinted.

    Application was processed at NSC, I will keep calling every two days until I get a reply similar to what gc28262 got.



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  • eb3retro
    04-28 09:42 AM
    Texas also planning to join the bandwagon..

    Texas lawmaker to introduce anti-immigration bill - Yahoo! News (http://news.yahoo.com/s/ap/20100428/ap_on_re_us/us_immigration_texas_1)





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  • atlfp
    04-08 03:17 PM
    The raw majority definitely counts. The reson S.1932 failed was because it was an extremely republican bill -- it went through without a single democrat vote. A small fraction of republican was able to black mail the visa numbers stuff because of republican can not afford to lose any single republican vote. They needed all of them to get it trhough. In another words, those anti-immigration guys did not build a coalition against legal immigration, as they still can not today, they simply black mailed it.

    The situation for PACE act is definitely different. PACE enjoys broad support from both side. It will be very difficult for any of those anti-immigration guy to play the same kind of trick again. It simply won't work.


    Your belief in raw majority votes in the conference is touching. ;-) But all it takes is one person -- one Sensenbrenner, or equivalent to build a coalition within the conference, and one house leader to pick and choose the members of the conference.

    To reiterate -- 20% of the house is in the House (Anti) Immigration Caucus. The house bill was voted in by a clear majority. Chew on that.



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  • suman
    12-17 09:45 AM
    Hi
    If i-485 gets denied then what should i be doing?
    Should i call the USCIS to find the reason for denial or Should i visit a lawyer?

    Is their any way that i can get my I-485 reopen?
    In how many days should i get my I-485 reopened?

    Please help i am in need!





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  • imranabdullah
    07-23 06:08 PM
    Gurus,

    My employer and lawyer won't give me the Receipt notice of my I-485 which we filed on July 2nd. My employer did not let me file my EAD/AP as well.

    Do I have any way of filing EAD/AP on my own without a copy of the receipt notice(after it is generated and sent to the lawyer)?

    Someone told me that Fingerprinting notice that we get looks just like I-485 receipt notice and has all the information in there. Can we use a copy of that notice in place of I-485 RN?

    The application instructions for I-765 mention that we need to submit "I-485 receipt notice OR any other proof that I-485 is pending"

    Any one?
    I dont think any July 2nd filer got receipt notices as of yet. Atleast I havent seen anyone in any of the forums.





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  • pd2001_12
    09-15 01:24 PM
    Yes I got RFE like 1 month back about employment verification...

    Congratulations! Just curious did you got any RFE as it is a very early PD? I'm Jan 22 2002 EB3-I and am waiting with bated breath.





    Hong12
    12-14 12:29 AM
    Thanks for a quick response. I checked with my lawyer, and he said that this petition letter is the one they sent to the USCIS, which got approved on the H1 Recapture. This petition letter has somebody else�s education, work experience and job duty on it. The application sent to USCIS has the correct name and sponsoring company, which are my name and my sponsoring company name on it. So, the I-797 (Approval Notice) has my name and my sponsoring company on it. The issue is the petition letter is all screwed up. My lawyer does not give me any advices at all. Please advise what I should do for the interview at US Consular due to my petition letter, which contains somebody else�s background on it. Do I have to resubmit again? Will I get rejected? Are there any better options for me? Thank you very much.





    smaram1
    11-04 05:51 PM
    gultie2k....i am happy for you...unnecessary stress for you....good that everything ended up well...



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