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  • KanME
    12-26 12:05 PM
    Hello all,
    not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
    1) non-permanent resident aliens
    OR
    2) non-resident aliens?

    thanks





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  • GCA
    09-15 01:05 PM
    hahah, interesting, funny but logical... I guess they just did not think through all this and why would they :mad:

    Had they able to think that far, may be many of the issues we face today wouldn't have cropped.





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  • pappu
    04-24 11:14 AM
    OK why dont we have that link that shows about bills anymore?? I mean on the home page...was that intentionally removed?

    We removed the link and the thread. Announcing the bills in advance did not have its desired effect and motivation in members to help themselves by supporting it.

    We saw members discussing the issue to its death and shooting themselves in the foot by criticizing it rather than trying to work together to get more support for it.

    IV has successfully done lobby day this week. Many members from Trstate and Texas were in DC and lobbied for admin fixes as well. Some state chapter members even contributed to pay for the expenses of members that traveled to DC.

    Our Lobbyists are also working on pushing the bills forward. We are privy to the details on all bills and will announce on the forum at a later date. It is time for members to help themselves by supporting the initiatives by IV and strengthen the organization.





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  • cbpds
    02-11 01:26 PM
    you can send it via usps , it will reach in 10 days.

    Disclaimer: Again there is always an element of risk in life :)



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  • samrat_bhargava_vihari
    01-21 11:39 PM
    Kirshana_2001,
    Did you verified with Attorney? If they offer you permanent employment I think they should file your I-140, then only they can transfer H1. In that case if you get I-140 approval then move to the permanent employment else stick with your company. ( Think of EB2 and Priority date transfer also).

    Best of Luck...





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  • royus77
    06-30 05:27 PM
    Guys and Gals,

    It's all speculation... Wait and see... we will all be fine... if you have your papers ready then file it.......

    I'am staying positive..... Want y'all to do it too....

    All the best....
    I will fly to Nebraska on sunday night and deliver it on Monday



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  • GCard_Dream
    04-06 01:38 PM
    Thanks god_bless_you for you response. So it appears that I either have to have a valid H1 or EAD on hand in order to work.

    If you are extending the H1B, however, there is a grace period of 200 some day where you can work without a valid H1B while the H1B extension is pending. Isn't there a grace period if you are changing from H1B to EAD? From what you are saying, there isn't.





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  • krishna.ahd
    02-08 08:14 AM
    my opinion what ever route u go u will have minimum 2 stops . IF u take direct flights like ny/chicago to delhi then u will have to fly from delhi to ahd.

    what ever route u fly cost will be from $1300 to $1500

    so my take would be this.

    Atlanta - LA - singapore - ahmedabad (via singapore airlines).

    no transist visa needed

    service and food/drinks of singapore airline just superb.

    singapore airport is also superb. nice entertainment area / food court. btw it has desi fast food place so you can enjoy good food there too.

    last thing singapore to ahd direct flight :)

    aj
    Yes , your best bet is via LA , singapore or something like that
    Or
    Delta non stop to JFK - BOM
    or
    Any other non stop to Delhi/Bom



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  • smangc
    06-10 12:58 PM
    SSbaruah, Yes the employer needs to give you return tickets to your home town.





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  • amitjoey
    11-21 04:54 PM
    Similar Question:
    I have not left the USA for the last 5 years. I have since extended my H1- thrice. So I have 3 new I-94's and the old one that is stapled in the passport. I-94 is taken at the airport when you depart, to record your departure and also to see if you were residing legally on a valid stay. Question: They always take the one stapled in your pasport. (That in my case shows an expired stay.) so should I give them the latest I-94 when I depart?.



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  • gc28262
    07-29 11:04 PM
    I don't think that dude knows what he is talking about. Anyway EB1 cases ARE separate from EB2/EB3 and ARE adjudicated separately than the rest. That's why it is current and I don't know what more that dude wanted...Just few months here and there in adjudication process of EB1 cases...so what? In this whole mess of years and years of waiting for others, what's the big deal?

    This particular EB1 gc aspirant has been waiting for his gc even after 2-3 years of his PD becoming current. He don't want EB1 applications to be subjected to the processing times set for EB2/EB3 etc.

    His point is, it does not make sense to wait 2-3 years for a GC once his date is current.





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  • sky7
    07-26 11:17 AM
    Dear all

    First of all..THANKS SO MUCH for taking the time to answer my questions!!! I needed that support! :)

    Sorry i confused u all...here are my GC Filling details:

    LC State: NJ
    LC Category: EB2
    LC PD: 24 SEP 02
    I-140 FD: 15 JUNE 06
    I-140 RD: 16 JUNE 06
    I-140 LUD: 03 JULY 06
    I-140 Receipt# : LIN-06-191-XXXXX
    I-140 AD (If any): Still waiting!!!
    Concurrent filing: NO


    So my PD is 9/24/02. Yeah, i also read 180 days after filling I485 b4 i can leave my current company under AC21.

    I guess the best option for me is to

    ** wait till my get my I140 approves,
    ** get my H1B extended for another 3 years (instead of 1 stupid year),
    ** Wait for at least 180 days

    then move to another company (if i still get another job offer by then) Correct?? So by then, the new company should be able to transfer my H1B and finish up my GC process? But..but can my old company do anything to jeapodize my GC filling? eg: revoke my LC or I140???

    More suggestions and opinions??? :o


    Given my PD is 9/2002 (EB2), I won't be affected by the retrogression right? if i am not an India or China citizen.

    Pls advise

    Sky



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  • rb_248
    02-11 03:36 PM
    Scan and send the docs, if your parents have access to email and a printer. See if anybody is traveling to Chennai from San Jose. Send the docs along with them.

    Hi Folks,

    What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.

    USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
    I guess USPS is claiming 6-10 days (guess no gurantee) to india.

    Other couriers seems to be $70+ (FedEx, UPS, DHL)..

    Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?

    Need to get docs for an interview for parents on Feb 26th in Chennai...

    Thanks in Advance for your reply !!





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  • pitha
    05-22 04:40 PM
    Its not clear yet if priority date comes into the picture at all. Nothing is clear yet, for example for the Canadian points system does not have a country quota or any limits on the number of gc every year. There is a cetain pass mark and if you have the required pass marks you make it.

    With the CIR points system there is an annual limit and also a country quota, so how will they select candiddates,
    1. based on pass marks?
    2. based on who has the highest number of points for each country
    3. Does the priority date come into plat at all?

    hope somebody has the answers for these questions.

    If you have I140 cleared from company A you can use Priority date if you change Job and apply fresh GC from Company B in any catergory.

    How will this change if the new legislation/amendment that are discussed passes.

    Any ideas guys.



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  • looivy
    03-19 03:33 PM
    Can a legal expert provide advice as to whether I can use EAD/AP to get in?

    Bump





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  • aamchimumbai
    09-02 01:46 PM
    Folks,

    Due to the priority data transfer issue my I-485 application was rejected in June'08 (submitted based on June'08 visa bulletin). Anyways.

    As part of my application necessary medical exam tests were conducted. If I were to submit my application today based on the new visa bulletin do you think I need to take all medical exams again and re-submit? Won't the first set of medical exams have any validity?

    Thanks in advance for all your responses.



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  • gchodhry
    02-11 06:33 PM
    I checked with attorney and they mentioned that I can continue on my L1 if I am with L1 employer OR if I am with H1 employer then I can be only on H1 status...

    As far as denial is concerned, I am still waiting for the notice...

    Does anyone has an idea... I heard from some of my friends that specially in case of L1B blanket, denial notice should talk about the problem and also about how to re-apply again.

    Also I got a feeling that my company may end up filing L1A as I have 8+ years of experience. Will that be any kind of problem...?

    Please suggest...

    Thanks,
    Gagan Chodhry





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  • masala dosa
    05-12 09:43 AM
    Great Job.I heard your call & I think you tried your best to explain our issues.I'm sure that something will surely change for the legal community in coming months.We have taken enough s..... till now.

    Once again, nice job buddy

    Keep up the spirits,we will get there

    Thanks
    GCcomesoon

    I cannot open the audio file on internet explorer/Windows media player
    can anyone tell me why?





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  • rdehar
    07-20 12:26 PM
    Guys, I have been posting this message as a reply on a few threads, I just want to bump up to a separate thread.

    This should come as a reality check for all filers (PD 1995 or PD 2007), all victims of BEC, all guys who are getting married soon and chose not to file I-485, nurses, engineers, physicians and all those who are losing hair from hyper-tension:

    1. The BEC has vowed to clear all backlog by Sep '07 ( I myself got out of it just-in-time, in May '07, after spending 3 years );

    2. USCIS has already announced that this year's GC quota is finished, meaning there will be no more I-485s approvals before next year's quota starts (Oct '07);

    3. Filing I-485 does not equate to approval, USCIS cannot approve I-485 without forward movement of dates and filer's PD falling into that range. However, a I-485 application can be pre-adjudicated ( citation needed );

    4. Almost everyone who can apply for I-485, will apply. This means USCIS has all the data ( all the numbers ) to work with and make a very accurate forward movement of dates from now on. Thus far, they have been making random guesses ( because of labor substitution among other factors? );

    5. Once bitten twice shy, it is highly unlikely that USCIS will make dates 'C' ( for over-subscribed categories/countries EB2 and EB3 for China, India, Mexico and Philippines ) for next few years. They can, however, make forward movement in an orderly fashion. Remember: dates are already 'U' for everyone;

    6. Whenever USCIS moves dates forward, people who could not apply now will be eligible to apply I-485 and/or I-140. These include all people who are still stuck in BEC heck. Older PD always had golden value and will continue to have golden value;

    7. EAD and AP are, however, not dependent on PD. This intermittent relief is a blessing for people with recent PD, which pre-PERM filers never dreamed of;

    Please draw your own conclusion(s).



    By the way,

    *. RIP 'Labor Substitution'. Thank God it is gone. Good riddance. Rules of game just got a lot fairer !!





    Hong12
    12-13 11:23 AM
    I have a big problem that I got approved on the H1 Recapture to get back into US on January 15, 09 though my attorney screwed up by putting someone else background into the Petition Letter submitted to USCIS with my application. The petition letter to USCIS is all wrong. It states the wrong education, work experience and job duty. They put somebody else background into mine. They put the correct sponsoring company on the first page of the letter though at the end of the second page they put the wrong sponsoring company. In this case, what should I do and what should I answer at the US Consular in Malaysia to get my H1 Visa? What should I do now? Please advise. Do I have to resubmit the application back to USCIS? Will I get rejected? Please help. Thank you very much.





    aadimanav
    12-20 06:33 PM
    I found out from discussion about the USCIS Expedite service:

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD

    "
    All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

    * Severe financial loss to company or individual
    * Extreme emergent situation
    * Humanitarian situation
    * Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
    * Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
    * USCIS error
    * Compelling interest of USCIS

    If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

    If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
    "

    I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.

    I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.

    It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)

    She mentioned:
    "We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."

    Source:
    http://www..com/discussion-forums/i485-1/52168049/


    ENJOY!!!!