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  • sundarpn
    07-01 09:59 PM
    Is lobbying for relaxing AC-21 portability rules with regard to "similar" job profile in the agenda of IV?

    Assuming we get out EAD's and the wait for the final card is very long, flexibility on the AC 21 will be the next big thing.





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  • gimme_GC2006
    05-04 05:58 PM
    how is that cheating? If I take a appartment on rent with lease on my name, pay my rent, pay my taxes, work for a US based company, pay my bills?

    Well..I guess..eb3retro may have wanted to know if that is not cheating then what would be anybody's intention in paying all those rents/taxes when you are not physically here :confused:





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  • Oct007
    12-13 09:57 AM
    Jawbreaker,

    Now we just wait and hope our names dont get stuck in the FBI namecheck and then hope that visa numbers will be available.
    (there are a few threads for Namecheck)

    If you are on H1B, keep renewing it

    If you applied for EAD and plan on using it with another employer make sure your 140 is approved and you have waited for 6 months after the I485 Receipt date before moving to a similar job.

    you might get a couple of LUD's on the 485 in the mean time. ( I got one as recent as last week - not sure what it means)

    budget money for EAD and AP renewals. Damn those are expensive now with the increased rates

    and If nothing happens in 15 months, get ready for one more FP appointment.

    check IV and other forums and help others with questions.





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  • Alabaman
    10-08 11:34 AM
    I am sure you don't even have to be in the US to trade in US stocks. There are people that have never been to the US that participate actively in US stocks and just as Americans participate in some foreign markets too.

    In the final analysis, most restrictions on H1B workers are stupid.



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  • validIV
    03-24 12:44 PM
    Fill in your profile. Also it would help if you said how long you've been on H-1





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  • shahrooz
    02-15 10:28 PM
    260 views and not even one single opinion?



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  • solaris27
    12-07 08:53 AM
    you can get 3 years extesion
    change this lawer , he do't kow aything or trying to save company money .





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  • abhi2001
    02-24 04:06 PM
    Thanks again guys.

    Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.

    Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.



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  • franklin
    07-05 01:40 PM
    I guess you mistook my statement... what I said was, where did they get enough EB2-ROW to approve and so fast that they used up all the visas earmarked for EB2-ROW... Its unavailability now that will cause a backlog and thus retorgression after october...

    in other words, if demand is higher than supply there will be a demand side backlog and this backlog occurs due to more demand than supply and thus unavailability of the "commodity"... this "unsatisfied demand" or "backlog" will then cause retrogression...

    my question was, where did so much EB2-ROW demand come from when in reality with country quotas and EB2-ROW being current all along there NEVER was a extrodinary demand and a pending backlog in this cat. to begin with...

    No, I didn't misunderstand your statement at all. EB2 Row didn't have a massive demand. EB3 ROW did.

    So to answer your question - How can EB2 ROW go Unavailable? It is very simple. All the visas were distributed for the year, all the ROW ones (recently) went to EB3 ROW. It doesn't make a jot of a difference whether they were distributed to EB2 ROW (and probably weren't, since as I mentioned, it was never Retrogressed, and therefore never in demand or never a problem)

    You seem to be misunderstanding my (albeit brief) statement. Technically, the numbers available for ROW are much greater (7% x roughly 250 countries). The mere fact that there has been retrogression in EB3 ROW for years shows that demand. It doesn't matter what EB2 ROW has done.

    When the visa numbers are done, they are done. If there are spare visas in the ROW category, they trickle down to EB3. If there are no bottlenecks at EB1 or EB2, the supply is greater than demand and EB3 benefits.

    There is easily enough demand from ROW all categories combined to make up the difference.
    This is assuming, of course, that the 7% country limits were observed.

    btw - my guess is that EB2 will become current again, and EB3 will go back to May date (aug 03)





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  • chanduv23
    09-17 02:10 PM
    ^^^^^^^^^^^^



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  • REEF�
    05-24 08:30 PM
    Sheesh someone is in a hurry :|!





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  • mrsr
    07-31 09:14 PM
    is he a self filer? or done through attorney



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  • ak_2006
    07-08 04:38 PM
    If Priority date is usable even though I-140 revoked by the employer......this looks fantastic option to join new job where we can get Eb2 process.





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  • greenguru
    06-13 11:52 AM
    A similar situation happened to a friend of mine. It is very easy, talk to a good lawyer and you should have them very soon..


    My friend got the green card in 3 months.

    Cheers,



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  • ss2005
    06-17 03:14 PM
    On "if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job? ".....

    1) Since H1 transfer is for the current job ...if curent job duties matches with your underlying labour it is good.

    2) Whether or not matching current job duties....you need to get AC 21 Letter from B(new employer) to port your GC. AC 21 letter supposed to be same/similar job duties.

    correct me if i am wrong here.





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  • garamchai2go
    12-12 05:17 AM
    Current Status: Case received and pending.

    On Month XX, CCYY, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS, and mailed you a notice describing how we will process your case. Please follow any instructions on this notice. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. We process cases in the order we receive them. You can use our processing dates to estimate when yours will be done. This case is at our XXXX SERVICE CENTER location.



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  • baburob2
    08-28 09:51 PM
    GC is for the future job and hence if your prospective employer will be able to proceed with your GC in your absence till its very end then you should be fine and still be able to come into US as a GC holder when GC is offered to you. However in this case you can't do Adjustment of status since you willn't be staying inside US and hence have to opt for Consular processing if you haven't opted for Consular processing.





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  • anilkumar0902
    08-26 11:59 PM
    got similar RFE
    for application original signature
    identity documents

    i efiled my 765 and on aug 3rd i got my rfe , i took print out of efiled copy signed it and wrote a cover letter and attached ead copy,ssn copy and passport copy
    and sent it.

    they received my response but havent updated my case yet...waiting for it..

    please let me know anyone else has similar issues and what was the result..

    These days...the status online remains in Reponse received for RFE...once the service center reviews your response..they usually respond back. If you are getting into a job loss risk due to the lack of EAD, then you should create an expedite SR.

    Cheers





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  • zulo1715
    10-20 05:44 PM
    The problem might occur when you file for citizenship, you have to justify why you dint work after getting the GC. However it is not written in stone that if you dont work for your petitioning company the officer will deny your citizenship or revoke your GC. They will look at the totality of the circumstances, since you worked for the petitioner for some time, they may not make a determination that the job offer was speculative, you have to show that you had every intention of working for them and the company had every intention of hiring you, maybe they can give a letter stating that they continue to market you and will re-hire as soon as the economy imporves. If your company finds a project for you, you should continue to work for them. Or you could have done AC-21 after the I-140 was approved and before the I-485 was approved.
    Thank you Prashanthi for your reply.

    I have a letter (it's in email format) that shows my lay-off is because of "lack of work". However, this letter is for the time before my GC was approved. I suppose that I need to get a letter from the company dated sometime after my GC approval date in order to present that in the time my citizenship process to justify that the job offer was not speculative; right?

    That might also possible to get a letter from the company that shows they are willing to hire me in case there's a new project; thanks for your comment on this.





    gccovet
    01-14 09:50 AM
    I had applied for an extension for my parents, just a month before their I-94 was about to end. According to the law (as per my attorney, forums, Internet), they could stay here legally until a decision is made, which may be past the I-94 expiration.

    So, in your case, if the decision is Positive, then they can stay until the new I-94 date that USCIS gives them. However, if the decision is Negative, then they have 30 days from the date of the decision to leave the country without being deported.

    Hope this helps...

    Yup, I had the same info conveyed to me via lawyer.
    One more thing to note, in case of denial, hang on to the I-539 receipt, denial notice etc. this will help your parent/s to present their case whenever they go for new VISA after existing(assuming 10 yr. Multiple) expires. This will help them prove that they did not overstay illegally.

    HTH
    GCCovet.





    aadimanav
    06-14 12:30 AM
    Like everyone here, my PD is also current. My H1b is expiring in the last-week of Nov this year (2007). If I file for 485/EAD etc. in early July. Do I need to extend my H1b? How long does it take to get the EAD? What if, if I do not receive the EAD before Nov ?



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