Tuesday, June 7, 2011

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  • RNGC
    02-06 09:10 AM
    I just wanted to bump this and get people's opinion on what paper work and other things we should be aware of by not changing the employers who sponsered our green card, but have applied for 485, have I-140 approved (180 days passed since I-140 approval and I-485 receipt dates) and received EAD/AP.

    I guess lot of people are in this category. So far, the only advise I have seen is: Extend H1 instead of using EAD.





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  • Lisap
    09-06 02:27 PM
    Somewhat the same situation happened to me, and my attorney advised this in order to avoid the filing:
    You may call your bank and hold the checks that you sent second time. If INS finds that the check is not 'withdrawable' they will not file your application.

    I agree with fatjoe- that is probably the best way. You could always call customer service and see if they have any suggestions? Good luck to you





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  • roseball
    04-13 05:45 PM
    Masters degree is considered an advanced degree.....not bachelors....





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  • desi3933
    01-14 10:57 AM
    http://www.cis.ctc.edu/pub/groups/ppmsug/ICvEEHandout.pdf


    __________________
    Not a legal advice.



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  • kasanski33
    02-23 08:44 PM
    I will be there





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  • thomachan72
    11-11 12:58 PM
    My PD is Dec 2005 (EB2) and I'm on EAD. I dont know when I'll get the GC but hoping that I'll get it in the next year. I already got an RFE so I'm not expecting another one. The question is, if I get laid off now, can I buy a business (say a convenience store or a subway) and run it (while on EAD)? and would it cause any problems now or in the future when applying for citizenship? I know you have to work in same or similar industry, but my industry is hard hit with recession and I don't think I can find a similar job. So how will they enforce this? Or do they even care?

    technically speaking the answer would be "absolutely not"; however, you could try your luck. There might not be another RFE for you and you might get greened. I have known people who were waiting for 485 approval and got laid off. They did nothing but wait anxiously till the miracle happened and the GC showed up in the mail. Immediately they applied for unemployment benefit. There was not much time gap (approx 2 weeks) between being laid off and receiving the GC in this case.



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  • eagerr2i
    07-21 02:24 AM
    For degree evaulation , pls visit AERC web site at www.aerc-eval.com/ There are other agencies as well that do these evaluations.

    After that take CBEST, if you clear the exam, apply for admission to a credentail program. It will take about 50-60 credit hrs to complete the program. It will include about 4 months of teaching a 2 different schools which is called as directed teaching.Also you need to clear a battery of 3 exams called CSET which establishes subject matter competency in the subject credential you are working on. After that you apply to the Commission of Teacher Credentialing at the state capital and you get your certificate. Depending on haw fast you go, it could take any where between 2 years to 3.5 yrs to finish the program. Jobs are plenty in areas of Math, Physics for sure. Schools look for delivery style and communication skills a lot.

    Take a look at your time left on H1B , make sure that ur wife can complete the program within your 6 year of H1B else she would not be able to convert from H4 to H1 unless you get your GC or EAD. Pls email me if you have any additional questions.

    Salary is so-so about 50 K starting in CA, but good thing is that you work for only 9.5 months and your vacation and schedule could sync with that of kids and you could spend a good amount of time with kids unlike the other 8-5 jobs...!





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  • transpass
    07-22 11:16 PM
    You don't. Your employer files an I9, and there they mention your status. This is why they need to update using an I9 every time you get a H1 extension.

    As far as I-9 form goes, it is my understanding that it is not filed with any agency. The form is retained by the employer only.



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  • champu
    02-19 06:21 PM
    Also, how USCIS knows I am working on EAD and not H1B (assuming I have valid EAD and H1B)





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  • ds37
    10-19 12:29 PM
    Hi

    I was also tested possitive due to vaccination in India. did the skin test and X-ray. I talked to my family Dr.(and couple of my Dr. Freinds.) and they all told me that my body will allways react to this test due to vaccination and if X-ray is fine we do not need any medication. In US all the Dr. has to get the test once a year and those vaccinated in their native country has to get an X-ray to confirm it as the test is allways possitive for them.

    I would say Consult another Dr. just to be sure.

    Thanks

    DS



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  • ameryki
    07-20 11:17 PM
    Hello,
    My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:

    1- Original 485 Receipt Notice
    2- Original AP filing Receipt Notice
    3- Copy of AP approved screen from uscic. gov
    4- Original previous AP
    5- AP was issued by MSC

    Any advice?





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  • dealsnet
    04-19 02:36 PM
    H1B and Employment based GC is for people in speciality fields and for the shortage of US workers for the jobs.
    It is not possible for any jobs on commission basis. PERIOD.
    You can work on OPT.

    Hello,

    I have been living in the USA for the last 5 years going to school with a F1 Visa. I have a Bachelor Degree in Art and a Master Degree in Business. I am currently living in New York City. I plan to work as a Real Estate agent through my OPT. Can I qualify for a green card?
    in which class real estate agent falls into, EB1, EB2, EB3 or EB4???

    Thank You for your time.



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  • eadguru
    11-05 09:32 PM
    FP recd - 11/05

    ==========================================
    I-1485/131/765 Sent to TSC on 08/03/07
    (TSC -> VSC -> TSC). ND=10/12/07.
    I-485 transferred to TSC on 10/17/07
    EAD card ordered on 10/19 from VSC. Received 10/29
    AP - RFE for clear copies of PP
    FP - Recd 11/05

    Congrats! Thanks for the feedback. From which center (TSC or VSC) your FP received.





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  • hebbar77
    09-16 12:25 PM
    I am not sure if there is a law that requires us to stay with the GC employer after getting GC. However, many lawyers have suggested a general rule of thumb of at least 6 months after getting GC approval.

    However, the rule that can be invoked to prove you have stayed with the GC sponsoring company could be the 245(i) which requires a 180 days after filing 485 application, which I believe many of us must have already abided by.....


    I heard it is 6 months from many sources(no-attorney ). The rule is you should have had genuine intention of working for sponsoring employer after GC. Eg , if you switch in a week after GC, it is obvious you did not have such intention....
    6 months is long enough for me if I were to switch. But of course you need to have something better than current thing to switch!!
    Also have a genuine unforseen reason due to which you need to leave your sponsoring GC employer.

    Note : I am not a attorney...



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  • dba9ioracle
    09-23 02:19 PM
    an email reply saying " ... Based on your request we researched the status of this case. We are actively processing this case. However, we have to perform additional review on this case and this has caused a longer processing time. If you do not receive a decision or other notice of action from us within 6 months of this letter, please call customer service at the number provided below." :rolleyes:

    My understanding ... bullshit! You ain't doing nothing.

    I got similar letter for my SR regarding EAD. After I got this letter, my EAD was approved in 80 days. My EAD was pending for more than 270 days when my lawyer opened an SR. I got my EAD exactly after 365 days.

    I am sure somebody is working on your case.





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  • spicy_guy
    08-05 01:35 PM
    It auto-converts all H1Bs and EADs into Green Cards effective immediately. :)

    Nice! :D The no need to go through GC process, Labor, 140, etc. Just H1 is enough to get GC. ;-)



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  • EB3June03
    06-15 04:55 PM
    I got an email from my lawyer who indicates the RFE is related to my medical missing from the 483 package we sent. I am pretty positive we sent it, but seems like USCIS has some way to firing a RFE.

    Anyway, my lawyer is asking me that getting a new medical done would be better as that is quick and more pratical. Don't know if that might be true.

    Any ideas for those who got RFE for medical?





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  • dish
    03-23 11:46 AM
    Is the talent bill already introduced in the senate ?



    TALENT Bill
    A bill to Keep America Innovative �Through the Advancement of Legal and Educated New Talent�
    H-1B and Nonimmigrant Visa System:
    � Exempts U.S. Educated Knowledge (USEK) workers with advanced degrees from the H-1B cap. (�101)
    � Restores H-1B1 visa numbers to the overall cap. (�201)
    � Creates a market-based H-1B cap where unused visas fall forward annually. (�201)
    � Establishes a �W� visa for professionals as a first step to permanent residence that permits entry or change of status to the new nonimmigrant category under the condition that the employer files a labor certification or immigrant petition within 18 months of initial admission. (�201)
    � Eliminates 214(b) for certain non-immigrants. (�203)
    � Extends foreign students� post curricular OPT to 24 months. (�203)
    Employment-based Immigrant Visa System:
    � Revises the current EB-1, EB-2, EB-3 and EB-4 worker preference categories, exempting an expanded EB-1 group from the EB cap, including USEK workers who have earned an advanced degree. Additionally, exempts the expanded EB-1 group from the requirement of labor attestation. (�102)
    � Subjects the revised EB-2 and EB-3 group of workers to the annual cap and either labor attestation without recruitment or labor attestation with recruitment. (�102)
    � Subjects the revised EB-4 group of workers to the annual cap and labor certification. (�102)
    (OR in the alternative)
    � Exempts USEK workers with advanced degrees from the EB cap. (�102)
    � Exempts USEK workers with advanced degrees from the labor certification requirement. Recognizes that American employers need to hire the best-qualified personnel, and not just �minimally qualified� labor, to remain competitive. (�102)
    (AND)
    � Creates a market-based EB cap where unused visas fall forward annually, and exempts EB-1s, while eliminating per-country quotas. (�202)
    � Includes reconciliation language that allows those pending in the EB backlogs to file for an immigrant petition, without regard to the EB cap. Such an adjustment of status application could not be approved until a visa became available. (�102)
    � Exempts EB immigrant spouses and children from the cap. (�202)
    Additional �Band-Aids�:
    � Requires a pre-certification processing system for petitions. (�301)
    � Enforces AC21 30 day and six-month processing times. (�301)
    � Extends L-1 status in one-year increments for those caught in the EB backlogs. (�302)
    � Provides for continued work authorization and travel upon a timely filing of a renewal application to extend authorization for 240 days. (�303)
    � Permits work authorization for spouses of specialty occupation (H-1B) professionals. (�201)





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    10-09 04:18 PM
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    ttdam
    11-05 09:58 PM
    Congrats! Thanks for the feedback. From which center (TSC or VSC) your FP received.

    I got my FP from TSC
    My I-485 got transferred to TSC from VSC.

    Got soft LUD on approved I-140 on 11/04





    vmetla
    07-31 12:37 AM
    Thank you very much for your response.



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