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  • snthampi
    02-25 02:30 PM
    People like your (friend's) wife are a shame to the legal immigration community. We come here to work hard and make a better living. I don't think, this woman deserve to be admitted back to the US and I am not sorry to be rude in this case.





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  • Sage_of_Fire
    01-23 08:00 PM
    Please add "Click to place the black hole." to mine.





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  • mihird
    03-15 10:50 AM
    As such residency on h1b is extremely in recent times so I guess same is with fellowship.



    You meant, getting residency on h1b is extremely 'difficult' in recent times? Anyways, if your wife has once got a residency on H1, getting a fellowship on H1 should not be that difficult. Hospitals are much easier on physicians that are already on a H1 status...its the same as its the case with IT employers...once on a H1, its easier to move around on a H1..

    Just like my wife, your wife too now has sufficent H1 years to get through both residency and fellowship, I guess, so running out of time is not a problem either.

    Only thing, people like you and me need to worry about is what if the residency is pursued at a non-profit (quota exempt H1) and wife decides to pursue fellowship at a for-profit (quota H1).

    In that scenerio, fellowship on a H1 might be a bit of a problem...

    I suggest, if your wife has already started residency on H1, avoid thinking of getting onto a J1 ever.

    You will unnecessarily complicate her immigration profile...





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  • glus
    09-15 02:48 PM
    I can see it. Refresh your browser

    Thanks inskrish for the news.

    Anyway, the Proc. dates are a heap of bull shit. The NSC Proc date for I-485 says July 08 2007. We all know the dates were 'U' and noone could have filed a I-485 between July 2 - July 17th (July 2 fiasco). So how can the oldest application that the NSC is blocked on can be dated July 08 2007 !!!

    Even if they came across ineligible applications like that, wouldn't they just outright reject them and quickly move on to some other application that they can process??? Why would they consider themselves blocked on such application(s) and issue the processing date to reflect such transient status ???

    I understand your frustration. However, it just means that the are "processing" those applications. That being said, does not mean they will approve them, but will perform the initial processing of those applications. Then, the applications go back to a "waiting line" for their PDs to become current. This is why sometimes some I485s get approved right after their PDs become current(within days). This is because some of them are pre-processed. This is what the Processing Dates mean on the USCIS website. It means "being processed". I hope this makes sense.



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  • syzygy
    07-11 05:58 PM
    I will distribute flyers in Indian stores in Hayward/Foster city area. Will definately be there on Saturday with at least one friend (I am new in area)

    Lets rock the bay !



    Please help people, this is our next action item after the flower campaign.

    Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!

    I challenge you!

    :D





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  • file485
    09-27 11:16 AM
    this is a hot topic right now..!!

    many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)

    anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..

    In no way,this situation can be treated as a substituted labor...

    So may I take it from this thread, bottom line that we cant do it..



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  • gc4me
    04-23 10:16 AM
    Is this true?
    I-140 belongs to your employer and so USCIS only sends to your employer/attorney. For me, they sent it to my employer/attorney.

    If your 140 is filed under premium. Just relax and have fun with your family. You will get approved 140 at your home in a week. Good part of the story is, I-140, USCIS sends to your home not to lawyer. :)





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  • smsthss
    12-18 05:59 PM
    I also got 2 soft LUD'S on both mine and my wife's 485. First LUD on 12/15 and second on 12/18. But the case status remains the same "This case is now pending at the office to which it was transferred". My I-140 got approved on dec 6th. Seems like some kind of update is being done on I-485's. Might be FP notices as i have not received my FP notice yet. Not sure..Anybody seen the same pattern ??



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  • dealsnet
    01-13 10:06 AM
    Are you jocking Chandrakanth ? ;);););):eek::eek::cool::cool:


    I think Lawyers have a system where they can send emails to the service centers in a particular format, the receiving software at USCIS automatically parses the email and assigns the case to officers.

    Or, if it has been a long time since it is current try contacting the Ombudsman.





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  • ss1026
    04-18 09:33 AM
    I am waiting to hear something for my wife. She would hate it to sit at home for one year

    Let see......


    I will update this thread if i hear something

    Looks like you were able to apply for I-485. Is there a reason why your wife would want to go on H-1B instead of EAD?



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  • WeShallOvercome
    12-26 12:49 PM
    I suppose you are living in USA.

    On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.

    On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.

    To answer your question, you are a non-permanent resident alien.

    Venram,

    I'm afraid your understanding of the term 'resident' or 'non-resident' is not correct.

    In US immigration jargon, a resident-alien is someone who lives and works in US on a permanent basis- like on a Green card.
    The term non-resident here does not mean that you are not residing in the US. It only means that you are an alien, living and/or working in the US on a temporary basis, and you are not a (Permanent) resident.

    Resident alien - An alien living here on a permanent basis
    NonResident Alien - An alien living here on a temporary basis

    I've never heard of the term 'non-permanent Resident alien'.. I think it is same as non-resident alien..





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  • EternityInLimbo
    05-02 09:55 PM
    Well, i feel its more of a Policy decision.If they really want to do something fast they will do it anyhow.The best example is how this woman from canada i guess,who got US citizenship in 2 days,yes its right '2 days' so she can represent US in the ongoing Winter Olympics at Turin.

    Even CA state used to abjudicate Labor cases in 1 Months Time back until 2000.Later on 0 approval cases from then on.Surprising??

    Absolutely it's a policy decision: not only in terms of prioritization of activities but in terms of resource allocation. DOL insists they have enough resources to meet their goals. They have to report how well they're doing on their annual federal scorecard, and if they set their objectives low enough, they get an "A"... that is, if activities serving non-voters were even being tracked as one of their objectives.

    One of the clerks at my immigrations law firm said the word was, DOL was prioritizing getting cases into the Permanent Backlog System, as opposed to allocating staff/resources into completing reviews. Don't know if this is old news posted elsewhere or consistent with what others have heard, but if this is the case, it would explain why approvals have been few and far between.



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  • sbdol
    07-21 09:51 PM
    I have the same question. I've just filed my I-485, and am waiting for the receipt number. Is it advisable to continue on H1b rather than switching to EAD? My company lawyer is advising against applying for EAD.
    Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:.

    The advantage of H1-B is that if for some reason for example I-140 is denied you can continue on H1-B and refile.





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  • dpp
    06-28 03:16 PM
    This is a very common issue. Most of the times the HR title and job title and Labor title do not match.

    I know it is a common issue for anybody. But if USCIS goes strictly, then it is a problem.



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  • Ramba
    01-08 04:18 PM
    No offense to anyone but I think this is how the market is flooded sometimes with short term trained and oppurtunisticly timing decisions made by people.

    Before you change careers I think you ought to see whether it really fits ur goals and aspirations..my 2 cents... CHances are you may not even like that job and want ot get trained in something else...I dont make a boat load of money but I like my job so far...however if money is the sole (please dont confuse this with means of living) reason to get into any job there are so many jobs and fields one can explore and change often...Its all your personal choice...

    Good point. I am just studying the trade off between "career" and "likability" of job or the job you love. I agree with you about money. I am not just for money or I do not want to be in rat race. (If money is the only goal we all can do real estate bussiness in India) After spending 10 years in engineering, I want to change the field. Even I am ready to go with little less than what I make now. . The main reason is I want to have just relaxing job, not much stress. At the same time it should be a longterm. I thought QA may be one of the field. I do not know yet it is a right thought.





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  • plreddy
    08-04 05:38 PM
    Same thing here also. My GC (primary ) was approved on 11-Aug-2008 and my wife's 485 is still pending. We went to India in November 2008 and returned back after 1 month. No questions were asked about my wife's AP.

    Thanks
    PL Reddy



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  • venetian
    07-06 02:29 PM
    Thanks saket,

    Just a clarification, did you continue to maintain H1 status or started using EAD after you entered using AP.

    Yes, I did the same.....even though I had a valid H1B stamped in my passport the POE made me use the AP to enter.....





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  • roseball
    08-01 10:45 PM
    The online system shows the date the case was entered into the system and it doesnt reflect the actual physical receipt date.....Receipt date box on the I-797 receipt notice will be the actual receipt date....For majority of cases, the online case status date is the actual notice date and/or the date the case was entered into the system....





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  • sparky_jones
    09-15 12:52 PM
    Any ideas? (My wife and son are in india now).
    Anyway, I will support IV wholeheartedly going forward. Of course, I got benefitted from it. I am a long timer, 2001, EB3.

    Congrats. Good to see an EB3-I approval. This is something we get to see rarely here. Hope you are able to celebrate with your family soon!





    NolaIndian32
    09-01 11:12 AM
    Guys, i don't know how USCIS works, i don't care at this point in time. Just wanted to share with this group, that i did not get a 2nd FP notice. My FP was done on 9/28/07. And as Fromnaija said earlier in this thread, a 2nd FP may not be required if FPs were stored in Biometric Storage System - well, i got my "card production ordered" e-mail today. Hope to have the green card in hand by the end of the month. So again, not having a 2nd FP notice may not be an issue.

    Best of luck to all,
    Nola





    ilikekilo
    09-18 06:02 PM
    hey thanks for your response, i appreciate it

    where di u file? and did u efile?



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