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  • smaram1
    07-28 03:24 PM
    SunnySurya - What is Your Category (Based on ur replies it is EB2) and How About Your PD?





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  • aachoo
    02-23 12:45 PM
    Does anyone else have a problem clicking the last forum topic on the left side. I am using IE7 and never have a hyperlink to click on for that one topic only.
    -a

    I am not sure about others, but since IV changed the look of this webpage, something is discouraging me from being as active as i was before. I gave myself sometime to adjust but that does not seem to happen.

    Admins, please do some stats on hits, number of posts by users etc and see how the new look impacted the site activity?

    Two points that I am not a fan of:

    1) The front page top 10 forum items still need to be improved. We need complete text display (wrapped if long), the tooltip is not working. I do not want to mouse over every thread to read it completely.

    2) User images (i know i have one myself) are making the webpage cluttered and distracting from the real content.





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  • harivenkat
    08-05 01:09 PM
    "08/05/2010: Sen. Jeff Sessions of Alabama Introduces S. 3702 to Grant Adjustment of Status to Certain Long Time Conditional Residents

    * Senator Sessions rarely introduces pro-immigration bills because of his ultra-conservative staance. Yesterday, he introduced this in the Senate. The text is yet to be made available and we are curious of text of this bill. Please stay tuned. Hmm................. "

    - The OH LAW


    tried calling Senator's office to find out what S.3702 was all about... they didnt seem
    to have any info any on this particular bill....although they think vote will happen
    after August recess (Information on Senator Jeff Sessions of Alabama (http://www.contactingthecongress.org/cgi-bin/newmemberbio.cgi?lang=&member=ALJR&site=ctc))...

    not sure if this should bear any relation to Eb2/Eb3, etc....





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  • Rajeev
    02-26 04:47 PM
    H4 visa holder can pursue their studies in US but they cannot work while studying.

    he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.

    so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.

    My understanding is I-485 can include dependents on F1. Contact an attorney before making a decision.



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  • lskreddy
    03-13 04:40 PM
    Which company is this?





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  • ek_bechara
    05-14 12:02 PM
    If you don't know something please keep quiet. Don't spread nonsense rumors. First of all the primary GC applicant is not affected in anyway. Spouse GC will show up anywhere between 7 to 12 months depending upon how the documentation is done.

    This might delay your GC for another 2years. Mainly due to security concerns after 9 / 11. Better option is to get your GC and then apply as family. Will take at least 4 to 5 years.



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  • gc_chahiye
    12-18 12:49 PM
    I dont think its as simple as choosing between EB2 or EB3. It would depend on your job description and which category the job qualifies for. Not all jobs would qualify for EB2. You should consult an immigration attorney to discuss your case.

    good point. Also keep in mind:
    - you can recapture your PD later. So if your case for EB2 is not that strong, go for EB3, get your PD locked, then a couple of years down the line you can go for EB2 and recapture this older priority date.
    - recently the number of PERM audits have gone up, and EB2 ones especially (talked to our company lawyer, and even saw lots of posts on this forum). If the position does not justify EB2 or its hard to justify, you need to be careful and conservative.





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  • nat23
    10-29 02:57 PM
    I would wait to see the text of the Bill before coming to any conclusion.



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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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  • smartboy75
    10-17 03:22 PM
    10/17/2007: EAD and Impact on H-1B Status for EB-485 Applicants in H-1B Nonimmigrant Status

    The issue of impact of the EAD and Advance Parole on the nonimmigrant status of I-485 applicants is governed by the old INS memorandum of Michael Cronin, Associate Commissioner, in May 25, 2000. This memorandum clarified two points on the impact of EAD and AP on the 485 applicant's H-1B nonimmigrant status as follows:
    Application vs. Use of EAD or Advance Parole: Applying for and obtaining approval of EAD or Advance Parole does not affect the 485 applicant's "nonimmigrant status" including H and L. However, once the alien starts work using an EAD or travels on Advance Parole, the alien is considered no longer in a nonimmigrant status including H and L.
    Impact of Using EAD for Another Employer Using EAD: The memorandum states: Question: If an H-1 or L-1 nonimmigrant or H-4 or L-2 dependent family member obtains an EAD based on their application for adjustment of status but does not use it to obtain employment, is the alien still maintaining his/her nonimmigrant status? Answer: Yes. The fact that an H or L nonimmigrant is granted an EAD does not cause the alien to violate his/her nonimmigrant status. There may be legitimate reasons for an H or L nonimmigrant to apply for an EAD on the basis of a pending application for adjustment of status. However, an H-I or L-1 nonimmigrant will violate his/her nonimmigrant status if s/he uses the EAD to leave the employer listed on the approved 1-129 petition and engage in employment for a separate employer.
    Unmarried H-1B professionals in I-485 proceeding should seek legal counsel before they attempt to go into an open market seeking employment using EAD.

    Source:
    www.immigration-law.com



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  • FixCIS
    01-24 12:51 PM
    Can the period for which PD was not current be taken into account while counting the wait period?
    Theoretically, can one file WOM even when the PD is not current - to resolve the NC issue?

    amsgc, filing a WOM while your PD is not current will not work. The US Attorney will simply dismiss your action as moot, or in the best case scenario, you will have to hold your case in abeyance while you wait for the PD to become current again. The idea of adding the department of state as a defendant is not likely to work.

    Living in NDCA, your best bet is to file the WOM. There is no need to wait for the congressman or first lady's response.

    Aside from the obvious AP EAD issues, how has the GC delay affected your life or inconvenienced you?





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  • vmetla
    09-01 05:08 AM
    That�s good. In addition to the evaluation, it doesn�t hurt to get a letter from the university to show that the degree is actually computer and mathematics related.

    Thank you for your help in this regard. My attorney submitted

    1. Expert Opinion Letter
    2. University Letter

    and the I-140 RFE was cleared in 2 days and got the approval today (per USCIS case status).
    Mine was PP.



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  • wandmaker
    11-16 11:36 AM
    Take infopass appointment, speak to IO and go from there. at the worst case, you will have to reapply and sit tight for 90 days.

    Thanks, I actually called NSC and talked to the customer service (CSR) and she told me that it is USCIS policy to not give any duplicate/copy of this approval/card for something which has been sent but not returned ? How can i speak to the IO officer...can i ask her to transfer me to an IO officer? whom should i ask to open the service request (SR) with?





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  • lostinbeta
    11-17 04:24 PM
    I am going to wait til maybe monday or tuesday, I just wanted to bump this thread up in the new posts list.



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  • bluez25
    07-26 10:20 PM
    Hi Rick,

    Are you saying plain white paper with out the letter head is fine?

    My local police is saying that they do not have a letter head printed.
    Can you share your number so I can call you some time today.


    I have sent you my local phone number to your IM . Please check..





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  • vactorboy29
    02-19 06:01 PM
    Vivek Dude, I don't know about that...

    After speaking to my lawyer, it is my understanding that when you use EAD or AP, you are no longer on H1 and it is considered AOS. However, you can reapply for H1 after you use your AP...As far as I know AP does have an affect on your immigration status...Please someone correct me if you know for sure that AP does not affect H1/H4 status...

    For the OP, please consult with other lawyers or chat with someone on free immigration lawyer chat forums...

    AP - Is for travel purpose,no connection to your work status in US.
    EAD - is your work status .If you use it your H1b is envalid.



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  • cox
    October 7th, 2005, 09:58 AM
    My experience is that even with the "1/focal length" rule (or maybe it should be "1/(focal length x crop factor)") is a bit optimistic with these long tele shots. Maybe it can work if you have really good technique and a sturdy tripod but I like to use a much shorter shutter time if possible.

    Well, I do okay with it, though I will go faster if there's enough light of course. I like the quality at ISO400, and usually stay there or below. The tripod is essential, I bought a big Gitzo carbon fiber model which is light, but will hold ~32lbs. With a wide stance on the legs, I can shoot, & pan reliably with the Wimberly.

    NRE Account [Archive] - Immigration Voice

    View Full Version : NRE Account






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  • continuedProgress
    04-28 11:23 PM
    Renewed my AP in fall of last year - applied online. Didnt need to FP.





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  • nomorelogins
    11-16 04:23 PM
    your pd needs to be current for being allocated a visa number.

    they process ( fp/namecheck etc ) and you eventually become documentarily ready. but still pd needs to be current to get GC

    eligible_for_visa_num_alloc = pd_current && documentraily_ready && visa_number_available





    bmeduru11
    11-09 01:50 PM
    Can you tell me ur category (EB2 or EB3) and RFE received date?

    EB2 with Nov'04 priority date





    morchu
    05-04 02:44 PM
    Going to the original question. The H1B doesnt get invalidated.
    The rules and available interpretations and memos talks only about the condition to "grant the extension". No where it mentioned a condition to invalidate an already granted extension.

    As per the Neufeld memo links below:

    On page 4 of memo:
    USCIS is required to grant the extension of stay pursuant to �106(a) of AC21, in one-year increments, until such time as a final decision has been made to:
    A. Deny the application for labor certification, or, if the labor certification is approved, to deny the EB immigrant petition that was filed pursuant to the approved labor certification;
    B. Deny the EB immigrant petition, or
    C. Grant or deny the alien�s application for an immigrant visa or for adjustment of status.

    So if denied, there is no extension of H1B, the fact that 140 was approved is inconsequential since 140 approval is but one step in the process if 485 is denied then the whole application was denied and since the h1b extension is simply a stop gap till a final decision can be reached. The only recourse you have is to try and file a MTR with USCIS to reopen the 485.

    See links below for more data
    http://ac21portability.com/modules/wflinks/
    see Neufeld memo specifically, they also have all other memos and guidelines.



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