Monday, June 13, 2011

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  • Britsabroad
    November 30th, 2008, 03:34 PM
    Thanks Ed! Im after one of these.





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  • usr2004
    07-26 12:22 PM
    But I already filed my I-485 on July 12 th. I dont kow exact name they call for this type of I-140 filing, my attorney told me this is successor in interest.





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  • EkAurAaya
    09-24 05:10 PM
    I have bad credit will that effect my Green card?
    though i am paying them off it still shows on my credit report

    Bad credit history will haunt you even after you get your green card :D (if you intend to take a loan for a substantially large investment - like a house)

    Think about it... if they don't give you gc based on your credit goof-ups... who's loss is it :D j/k





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  • alterego
    06-19 12:05 PM
    I wanted to start this thread so we could get together a plan of action for victims of undue processing delays for EAD/AP. This is a very serious and upcoming issue and we would all be well served to pool ideas.
    Here is what I have so far. Some ideas based on my experience and some on searching the web.

    1) Apply for your EAD atleast 120 days ahead of the expiry of the current one(USCIS now reccomends 6mths ahead!) Yes you may lose time if they approve it early but atleast, you have the peace of mind and it gives you 30 days breathing space in case of RFE or to get an interim EAD.

    2) Check for a LUD at or slightly after 80 days pending. Contact your lawyer at about this time for suggestions.

    3) Schedule an infopass appointment for day 91. Ask for the interim EAD.
    You can also call the regional service center if you wish.

    4) Contact your congressman's office at about this time and ask for their assistance in expediting this request.

    5) Fedex an application for an interim EAD the same day. Include a copy of your current EAD copy, your pending 485 on which the interim benefits are based and a copy of attendance at any recently done biometrics.

    6) Consider talking with your employer to take a few days off while sorting this out.

    If anyone has any additions to this checklist of items or suggestions/modifications. Let me know.



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  • Adam
    08-19 04:59 PM
    hmm...my attempt





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  • F1_doubt
    05-10 05:20 AM
    Hello all, my scenario -

    Been in the US for 5 yrs (MS + work). My employer had filed for my I-140 which was also approved. However, I decided to leave US, quit my job and have been in India for the last 1 year. Now, I want to go back to school in US and in the process of applying for a F1 visa.

    Now, I need to know how my previous I-140 (immigration petition) affects my prospects for obtaining the F1 visa (non-immigrant visa) now? I presume my I-140 will be void anyway since I quit my employer and been out of US for the last 12 months?

    note: Though my priority date became current in 2007, I chose NOT to go ahead with my GC application (I-485/AOS) as I did not have any intention to settle in US.

    Would really appreciate some insight into my F1 prospects and how to bolster my candidature to the Visa officer.

    Thank you

    P.S. The entire thought process started when I saw the question "has anyone ever filed for immigration petition on your behalf" on the F1 visa application form!



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  • shivarajan
    04-07 04:45 PM
    I agree TARP revceived firms cannot renew H1B after 6 years or apply for GC. Those rules may change as per time. Most of the firms who like to hire H1B. So don't know whether it will get better or worst for your situation.

    I don't think above is correct!
    Existing employees are eligible for extensions as of now and did not hear that the no gc clause for existing employees either!

    In fact if u r in non-h1b working for TARP companies then u r even eligible for new H1. All rules apply for new hires only.





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  • mk6
    07-17 07:05 PM
    Thanks for your list. So it seems we can do it without attorney help. I am not sure what my attorney is doing its been a month since he had all the papers and fee. I am going to try filing myself:mad:



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  • jambvan
    04-12 01:19 PM
    Is this true??

    I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?

    Once your I-140 is approved and pending I-485 passed 180 days you are free like a bird. Enjoy the sky and don't worry.





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  • rvr_jcop
    02-17 10:57 PM
    I have H1 approval I-797 with me (received in last year quota) and H4 approval (which was applied before applying H1). Now I have a family emergency back home. I have to travel asap. My current H4 stamp in the passport is expired. So I have to go for stamping, either it be using H1 or using H4. Since I am unemployed at present I can't use H1 for stamping. If I come back on H4, what will happen to my H1 status? Will it be still valid to accept an employment or becomes void.

    Please share your thoughts...

    Thanks

    You are in H-1 status now as you applied for COS from H4 to H-1. So I am not sure if going for H4 stamping is still an option for you. I will let others weighin on this one.

    Do you have AP instead? You can always come back on AP, doing so will not invalidate your H-1



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  • gchopefull
    12-17 12:39 PM
    my current employer filed for my labor in march 2005, got approved in march 2007, filed I-140 in April 2005,and while I-140 was pending filed I-485 in july fiasco. In sep-2007 got intent to deny of I-140 based on A2P(ability to pay), employer filed M.T.R in October 2007. I have my fingered crossed looking at the financial statment from employer for the year 2005. chances are the MTR will be denied too. Now I have a new job offer from another employer who is willing to do new H1b for me and may be a labor petition too. the question is I want to see what comes out of the current MTR. Here is the question;
    1/- if I tell the current employer to contine the process(which I dont think he will have problem with) and join the job on h1b will my I-485 status be changed or will it effects the current process?
    2/- I am currently runnig on sixth year of h1b and my current visa expires in 2010 bades on the pending process with current employer. if I join the new employer on h1b what will be the H1b status will be?
    thanks for the answers in advaced





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  • copsmart
    06-23 10:22 PM
    Same here.

    I applied on May 18th and my EAD expires on Aug 10th. There were three SLUDs in a row two weeks after I applied, and there is no update after that.

    Did you notice any LUDs in your case? Are you still waiting for a decision? Please update.

    you are right! i obviously got the application date wrong. I applied on may 17th - not on june 17th as i previously wrote.



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  • diqingshen
    06-30 09:17 AM
    this injustice being done to legal immigrants community.





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  • anil
    08-18 08:37 PM
    I moved to another zip code within same state. LUD changed on June 26, and did not get any RFE. I think it is safe.



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  • SlipperyGC
    03-28 06:26 PM
    Maybe this is something we can propose.





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  • purplehazea
    05-31 12:45 PM
    I have interview for AOS employment based on June 20th, 2006. The letter simply says get passport and I94. However i am planning to take all documents with me.

    Here are my case details:

    - Labor was filed in 2001 Nov in MI
    - 140 approved in Oct 2003
    - 485 filed in Jan 2004
    - changed employer in 2004 Nov on EAD
    - RFE for employment letter in Mar 2004
    - Case transfered to local office (Newark), May 2005
    - 3 EAD renewals, 3 AP renewals
    - 25 % more salary than old job. Title in old job was programmer/analyst.
    - New job when joined was Systems Analyst.
    - For RFE response, supplied a good letter with same job description.
    - The current JOb is NJ with a well known insurance company.
    - Recently i got promoted to Information systems Consultant

    Now my Qs are
    - What can i expect during the interview?
    - Anyone with similar experience, can you share ur experience?
    - Change in titles, more salary, labor being from a different state etc are
    making me very nervous
    - Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?

    Most of the time they will just verify some of your application details verbally. The fact that this is an AOS interview should give you positive hope instead of negative feelings. In my experience they will never schedule an appointment if they have queries or doubts about your status, bro.



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  • GCNaseeb
    10-30 06:34 PM
    I will take an Infopass. Did you get a new Card or they just corrected in their system?

    My lawyer advised me to take an infopass to correct the name of my dependent on the EAD card. Instead of "e", they placed "a" and he said that I might as well have the name on the FP notice and I-485 corrected.





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  • rbharol
    08-30 12:31 PM
    questin in regards to the topic here. What are the salary requirements for job for Eb2 category. Does one need to be making that much while on H1b or once he has green card.

    thanks

    I think for EB2 it is appx 113K USD when GC is approved.


    Correction:
    perm2gc is right. I am talking about California.





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  • purgan
    01-06 11:20 PM
    What the failure to pass the Appropriations bills means to American science...

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

    NEW YORK TIMES
    January 7, 2007
    Congressional Budget Delay Stymies Scientific Research
    By WILLIAM J. BROAD

    The failure of Congress to pass new budgets for the current fiscal year has produced a crisis in science financing that threatens to close major facilities, delay new projects and leave thousands of government scientists out of work, federal and private officials say.

    �The consequences for American science will be disastrous,� said Michael S. Lubell, a senior official of the American Physical Society, the world�s largest group of physicists. �The message to young scientists and industry leaders, alike, will be, �Look outside the U.S. if you want to succeed.� �

    Last year, Congress passed just 2 of 11 spending bills � for the military and domestic security � and froze all other federal spending at 2006 levels. Factoring in inflation, the budgets translate into reductions of about 3 percent to 4 percent for most fields of science and engineering.

    Representative Rush D. Holt, a New Jersey Democrat and a physicist, said that scientists, in most cases, were likely to see little or no relief. �It�s that bad,� Mr. Holt said. �For this year, it�s going to be belt tightening all around.�

    Congressional Democrats said last month that they would not try to finish multiple spending bills left hanging by the departed Republican majority and would instead keep most government agencies operating under their current budgets until next fall. Except for the Pentagon and the Department of Homeland Security, the government is being financed under a stopgap resolution. It expires Feb. 15, and Democrats said they planned to extend a similar resolution through Sept. 30.

    Some Republicans favored not finishing the bills because of automatic savings achieved by forgoing expected spending increases. Democrats and Republicans alike say that operating under current budgets, in some cases with less money, can strap federal agencies and lead to major disruptions in service.

    Scientists say that is especially true for the physical sciences, which include physics, chemistry and astronomy. When it comes to federal financing, such fields in recent years have fared poorly compared with biology. The National Institutes of Health, for instance, spend more than $28 billion annually on biomedical programs, five times more than all federal spending for physical sciences.

    For 2007, Congress and the Bush administration agreed that the federal budget for the physical sciences should get a major increase. A year ago, in his American Competitiveness Initiative, President Bush called for doubling the money for science over a decade. That prompted schools and federal laboratories to prepare for long-deferred repairs and expansions, plans that appear now to be in jeopardy.

    Among the projects at risk is the Relativistic Heavy Ion Collider at the Brookhaven National Laboratory in New York, on Long Island. The $600 million machine � 2.4 miles in circumference � slams together subatomic particles to recreate conditions at the beginning of time, some 14 billion years ago, so scientists can study the Big Bang theory. It was already operating partly on charitable contributions, officials say, and now could shut down entirely, throwing its 1,069 specialists into limbo.

    �For us, it�s quite serious,� said Sam Aronson, the Brookhaven director. For the nation, Dr. Aronson added, the timing is especially bad because the collider has given the United States a head start on European rivals, who hope to build a more powerful machine.

    �Things are pretty miserable for a year in which people talked a lot about regaining our competitive edge,� Dr. Aronson said. �I think all that�s stalled.�

    Another potential victim is the Fermi National Accelerator Laboratory in Illinois, where a four-mile-long collider investigates the building blocks of matter. Its director, Piermaria Oddone, said the laboratory would close for a month as most of the staff of 4,200 are sent home.

    Congress and the Bush administration could restore much of the science financing in the 2008 budget. Scientists say it would help enormously, but add that senior staff members by that point may have already abandoned major projects for other jobs that were more stable.

    Other projects affected by the budget freeze include:

    �A $1.4 billion particle accelerator at the Oak Ridge National Laboratory in Tennessee meant to probe the fine structure of materials and aid in cutting-edge technologies. Its opening might be delayed a year.

    �A $30 million contribution to a global team designing an experimental reactor to fuse atoms rather than break them apart. Controlled fusion, if successful, would offer a nearly inexhaustible source of energy.

    �A $440 million X-ray machine some two miles long at the Stanford Linear Accelerator Center in California that would act like a microscope to peer inside materials, aiding science and industry. Construction, begun last year, would slow.

    �It�s pretty bad,� said Burton Richter, a Nobel laureate in physics. �There�s going to be another year of stagnation. That hurts a lot.�

    The National Science Foundation, which supports basic research at universities, had expected a $400 million increase over the $5.7 billion budget it received in 2006. Now, the freeze is prompting program cuts, delays and slowdowns.

    �It�s rather devastating,� said Jeff Nesbit, the foundation�s head of legislative and public affairs. �While $400 million in the grand scheme of things might seem like decimal dust, it�s hugely important for universities that rely on N.S.F. funding.�

    The threatened programs include a $50 million plan to build a supercomputer that universities would use to push back frontiers in science and engineering; a $310 million observatory meant to study the ocean environment from the seabed to the surface; a $62 million contribution to a global program of polar research involving 10 other nations; and a $98 million ship to explore the Arctic, including the thinning of its sheath of floating sea ice.

    Missions at the National Aeronautics and Space Administration are also threatened, with $100 million in cuts. Paul Hertz, the chief scientist at NASA�s science mission directorate, said potential victims included programs to explore Mars, astrophysics and space weather.

    Physicists said a partial solution to the crisis would let the Energy Department do what it wanted to do all along for 2007: move $500 million left over from environmental cleanup accounts into the physical sciences. That would require Congressional approval but no budget increase.

    Raymond L. Orbach, the department�s under secretary for science, in a recent statement seemed to call for such legislative relief.

    �A yearlong continuing resolution takes away many of the opportunities for advancing science,� Dr. Orbach said. �We urge Congress to continue critical investments in America�s scientific leadership.�





    a_yaja
    07-25 05:13 PM
    Hello folks,

    First of all thankyou for your input in advance.

    I just switched from OPT to H1-B and got my I-797A. I am planning to go to my home country at the end of the year to get my passport stamped.

    My employer gave me the lower portion of the I-797 which has I-94 on the right and it says the lower left portion is for personal records. However, my employer cannot find the upper portion of the I-797. I have a copy of the full I-797. Can you please advice what I should do? I need to give I-94 when I depart the US. So I will have anly the left lower portion of the I-797 to apply for the visa. Is it OK? Again, my employer has misplaced the upper portion of the I-797A. Do I need it the upper portion for visa purposes?

    Thank you!

    Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
    Some thing really does not sound right here. By law, he is required to give you the approval notice.





    gcadream
    03-12 12:57 PM
    In addition to the above questions:

    USICS had stopped the movement of EB2/EB3 dates by not allotting visas and on the other hand they had also added too many restrictions on H1 extension [like valid Purchase Order for all visa extension], no matter you have approved I-140. These days they give H1 extn for only that period of time till PO is valid. That means if the PO is valid for 4 monnths one gets H1 extn for 4 months only and if it 6 mths then extension for only 6 months. This means that after 4,6 months one again has to apply for H1/H4 extensions and again pay all those fees.


    This really sucks !!
    Is the intention of all these laws is to catch fraud or kick out all immigrants from this country ?
    :mad::mad::mad::mad::mad:



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