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  • vroapp
    02-22 10:26 AM
    1--> you should qualify for a J1 as 140 is filed by your Husband's employer; better check with an attorney.

    2--> HRR applies and hence you have to get a waiver to file 485 after completion of your Residency.

    3--> Once your status changes to J1; HRR applies.

    5--> depends on the specialty.




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  • GCwaitforever
    06-20 03:02 PM
    I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.

    The answer to your first question is yes. You can change employers without any impact, by using AC 21 provisions.

    Regarding the second question: EB2 India is going to take a long time to come to 2005 PD. I would say, atleast another three years.




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  • REQUIRE_GC
    11-09 03:12 PM
    It is July 23




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  • stuckinretro
    04-16 04:21 PM
    When you filed for your 485's did you check the column and mentioned each other as dependents and mentioned each other's A#'s? If not each of your applications would be processed separately. When you replied to your RFE you should have written a letter to them about your husband's case.

    Should we wait until my PD becomes current, to try to link our aplications? Is that necessary? Is there any danger that my husband's 485 application might get lost if USCIS denies our request to link his case to mine now since my PD is not current?

    Don't know if this matters, but just this week, I got a RFE for employment verification. We have now sent necessary documents as requested by the dept.



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  • rayoflight
    03-18 12:30 PM
    Hi gc_on_demand:

    Great Analysis! What are your predictions for EB3 for this year?

    You mean to say that EB3 (40K) is already used up for this year :-(

    Thanks,
    Rayoflight




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  • guy03062
    10-20 05:05 PM
    By the way, just out of curiosity - what is "Indochinese Adjustment Act " mentioned in processing time report?

    I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications July 04, 2007
    ... ...
    ... ...
    ... ...
    I-485 Application to Register Permanent Residence or to Adjust Status Under the Indochinese Adjustment Act December 01, 2007



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  • WeShallOvercome
    08-03 12:31 PM
    What happens if your I-485 is denied? Are you able to fix any issues or do you start all over? And on what grounds would they deny?


    Most common grounds for I-485 denial are:

    1) I-140 denial
    2) Being out of status
    3) Fraud
    4) Not responding to an RFE in a timely manner
    5) Unknowingly abandoning your application.




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  • ajay
    06-06 10:44 AM
    Which service center your case is in ?
    It is in NSC.



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  • humsuplou
    03-09 01:30 PM
    Right, one can own but not run a business with H1-B, but can own and run with EAD.

    Thanks again!!!




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  • breddy2000
    03-09 09:09 AM
    Wow,

    at first glance it seems 245(i) is kicking in real hard.

    Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,

    Compare this with H1-B data and you'll see what I mean.

    Also EB-1 seems unusually high at ~37,000
    EB-1 is even higher than EB-2

    isn't that unusual?

    I think most of the EB1 category for India is being used up by the L1-A visa holders who are Multinational Executives.
    The place I work has so many people from Big Indian companies and they have applied in EB-1 category and got their GCs in less than a Year.
    I strongly feel L1-A visa holders shud not be put in EB-1 category.
    What do you think.



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  • cheg
    09-26 02:39 PM
    Congratulations!!! Yes, GC still sucks so good luck to us all! :D




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  • kedrex
    02-10 09:37 PM
    I was in a similar situation and sponsored my parents, sister and bro in law. The univ. graduation letter made a big difference and they got their visa.



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  • ken
    04-09 03:04 PM
    I have never been to florida.. This is what concerns me also why they sent the case to miami,fl local office.. I Checked with attorney also he said it is not going to effect the processing of case.




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  • chehuan
    01-18 03:17 PM
    do you know the reason for the i140 denial? That could be very critical....its just not about what your title is ..and what you do ..its about the whole 9 yards...let us know the reason for denial

    I can surely find out and let you know
    Thanks to all for helping out
    I am just into the process and I am not so wise with the whole thing



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  • sai
    03-26 06:22 PM
    thanks for the info. Sounds interesting.




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  • cdeneo
    01-07 03:05 PM
    I would really appreciate input on the following:

    1) What is the impact on a pending I-485 application if one is laid off and files for unemployment? Would an unemployment claim create a problem when I-485 is up for adjucation and about to be approved (assuming by that time one has a same/similar type of job lined up and is not unemployed).

    2) What information does one need to provide for filing unemployment (I read somewhere that the A# - alien number off the I-485 application needs to be provided)?

    3) Does USCIS get notified when unemployment is filed by someone who has an I-485 pending? Would filing for unemployment trigger any RFE's or alerts in the system?

    Looking forward to some good guidance on this topic. Thanks!



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  • gcpain
    07-24 04:32 PM
    ^^^^




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  • gc_bulgaria
    10-23 08:13 PM
    EAD came with FP notice on 9/29. Received FP today.
    No LUDs since 9/19 and AP status still says "Pending"




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  • setpit_gc
    08-15 11:22 PM
    Thanks for the replies. I am going to consult with an Attorney.

    I wanted to get other valuable opinions.




    setpit_gc
    06-03 01:56 PM
    TSC received my RFE response on 05/27/2009.

    I got 1st LUD on 05/31/2009 with message change.
    I got 2 soft lud on 06/02/2009 and 06/03/2009.




    pa_arora
    04-19 07:08 PM
    Atleast somebody talked abut legals and their problems...Here's the link..

    http://www.uschamber.com/issues/lett...sa_program.htm

    =================TEXT========================

    Letter on Employment-Based (EB or Green Card) and H-1B Visa Programs

    April 12, 2007

    TO THE MEMBERS OF THE U.S. HOUSE OF REPRESENTATIVES AND THE UNITED STATES SENATE:

    The U.S. Chamber of Commerce would like to reiterate the need to reform both the employment-based (EB or green card) and H-1B visa programs. The Chamber is the world’s largest business federation, representing more than three million businesses and organizations of every size, sector, and region.

    The Chamber represents numerous companies and organizations that need to bring thousands of foreign workers and students into the United States each year. The inability of these companies to bring highly educated workers and students into the United States severely hurts their competitiveness in the global market and often leads to companies moving operations overseas. It is imperative that any comprehensive immigration reform includes changes that would allow employers in the United States to recruit and retain highly educated foreign talent and guarantee our continued global economic competitiveness and success.

    The announcement last week by the U.S. Citizenship and Immigration Services (USCIS)regarding the fact that the H-1B visa cap for the FY2008 was reached on the first day applications were accepted marks the dire need for changes in the system. This is also the fourth consecutive year the H-1B cap was met before the fiscal year even starts. USCIS will now conduct a “computer-generated random selection process” to determine which of these needed workers will be excluded.

    Other areas of U.S. immigration system for highly-skilled immigrants face similar daunting barriers—from years of waiting for a green card to the inability of hiring a student from a United States university as a permanent worker right after graduation. The current system is counterproductive to the country’s economic, security, and social goals. Retaining the best and the brightest foreign workers help make U.S. economy strong. These artificial barriers are forcing some companies to conduct business elsewhere, wherever they can hire the necessary talent. The Chamber strongly urges you to supports comprehensive immigration reform that would include:
    Raising the EB cap and exempting specific highly skilled professionals in
    sciences, arts, business, and other critical fields from the final allotted number.
    Allowing foreign students who have earned advanced degrees from American
    universities, as well as from foreign universities, in science, technology,
    engineering, and mathematics (STEM) to be exempt from both the EB and H-1B
    visa cap numbers.
    Designing the H-1B visa cap numbers around a market-based annual adjustment,
    rather than an arbitrary fixed number.
    The creation of an entire new visa category that would allow STEM students,
    studying in the United States on a student visa, to seamlessly transition to a green
    card when offered a job.
    The Chamber urges inclusion of these measures in a comprehensive immigration reform package. Without these provisions in a broad immigration reform package, American companies will continue to lose their competitive edge in the global economy.

    On behalf of the Chamber, I thank you and look forward to working with this Congress to pass meaningful comprehensive immigration reform.

    Sincerely,
    R. Bruce Josten



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