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  • aubGC
    02-06 09:01 AM
    All EAD renewals for the applicants whose I 485 was filed before August 17, 2007 have to pay $340 as renewal fee.. No exception.. no consfusion.

    If you dont send check and pay incorrect fee, more delay or chances of rejection...Hope it helps..





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  • dilbert_cal
    10-31 06:59 PM
    To answer your questions (assuming you filed I-1485 with A - since you mention using EAD).

    1. Is employer A going to withdraw the approved I-140? If yes, then you will run into some issues with the way things are going now. But you should be able to fight back (MTR etc) in the worst case. If A is not withdrawing I-140, then less problem.

    Once 140 is revoked and 485 is denied as well, you will not be able to work anymore. You are planning to use EAD - your EAD is invalid the day your 485 is denied. By filing MTR, you may be able to get it back on track but until then you cannot work. Its upto you to decide whether you want to take this risk or not.


    2. Is Company B, that promises to employ you after GC, can they give any written statement? Here in US it is _at-will_ employment. So, you might have tough time proving it.

    Even with a written statement, there is no guarantee they will hire you when you have your GC - and anyways this doesnt real mean anything w.r.t. his GC process.

    3. Another problem is, before they adjudicate your I-485, they might issue an RFE to check if you're still employed in same or similar position. And employment with Company C will not satisfy this requirement.

    Perfectly said. If you are using ac-21 , your new job has to be same/similar to the job filed for GC. Job with C is not same/similar. If you have a RFE ( high chances when you file AC21 based on anecdotal evidence ) , you will be in trouble.

    Now, I am not sure if any documents from company B will establish the fact that you will be working in same/similar occupation. You should better consult with an Immigration Attorney and better yet retain them for future.

    Overall, not knowing what is the reason you want the change, etc. it is difficult to advise you one way or the other - but its pretty clear that the risks can be pretty high in this particular case.





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  • Arvin_H1
    08-18 10:11 PM
    I applied for H1 extension in June'07. I got RFE on I94 first & then one more on my consulting company. Both were responded on time.. Finally, I got a denial notice on my H1 recently stating that my education background is not Computer Science related although i hold a Bachelor Degree in Computer Science. Am very upset after hearing this.

    I have few questions for the experts here.

    1. Is it possible for me now to apply for new H1 thru some other company?
    2. Can i re-appeal the decision and stay here legally?
    3. Are there any good attorneys that can give me good advice for me to take the next step?

    Please let me know.. This is urgent for me right now.

    Thank you all.





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  • Shujaat
    05-27 10:33 AM
    I did my three years diploma (polytechnic) and three years engineering degree (B.E.) after that and I had @ eight years of experience while I had applied for GC through EB2 category. I had no problem in getting my I-140 approval; so far I have not received single rfe.

    Hi,
    Can you share you EE copy with me? It will really help me to understand that on which basis your evaluation has done.. Either 13 years schooling and 3 year Bachelor equivelent to US Bachelor...



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  • ndbhatt
    11-08 01:57 PM
    You are counting one visa per person in EB3. Remember that applicant's family members too take away visas from these numbers. On an average it is considered as 2.5 visas per primary applicant.
    Also, the last I remember, the country cap was 7% and not 10%, unless things have changed since then.





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  • GCneeded
    11-07 12:32 PM
    Thank you everyone for the responses.

    Dreamworld, Could you let me know what kind of supporting documents are needed. Thanks in advance.



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  • Powersa
    07-09 09:21 PM
    There is a story that all flowers received will be forwarded to injured service members at a medical center.





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  • reddymjm
    08-10 09:53 AM
    As I mentioned in my post, I have applied for H1 in India in April,2007and got approval in August,2007.

    My Approved H1 B petition does not have change of status i.e 1-94.

    I came to USA on L1 in Feb,2008 and working till date. and my I-94 is valid till Feb,2011.

    As I want to shift to H1 B,I think I need to go out of country i.e Canada from USA for H1 B stamping.

    My question is:

    If for some reason, I have not issued H1 visa at Canada consulate,
    Is my L1 is still valid and Can I comeback to USA on my L1 visa and I-94? and Can I continue working on my L1 in USA?

    Please suggest me the better approach.

    My objective is to switch to H1 using my old approved petiiton and not want to go back to India for H1 stamping.

    Regards

    As you entered US on L1 after your H1B approval from India, You need to get that H1B stamped to work on H1B.
    Looks like it is a one year old H1B. You should have a valid and strong answer when the officer asks you why you did not use that then or why do you want that one stamped now.

    Best way is you can ask your H1B holder to apply for another H1B COS as the visa number is already counted against the cap. Hope fully you are not outstide the US for more than 1 year after approval.

    If you go to candian consulate and your H1B gets rejected, it is a tough route. As soon as you go to the consulate they will cancel all the existing visas. You can enter the country with an attorney withing 30 days and your company A should be able to do an L1 again or you are out of status.

    I strongly recommend you to go to your home country for the visa stamping until unless you have a US masters degree.

    Need more PM me.

    Good luck.



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  • dsneyog
    01-15 09:26 AM
    EXPEDITE PLEASE
    PREPAID ENVELOPE ENCLOSED

    Your Name
    Your Address
    I-485 Receipt Number: xxx-xx-xxx-xxxx



    December 1st, 2009

    To:
    USCIS
    Texas Service Center
    P.O. Box 851182
    Mesquite, TX 75185-1182

    Subject: Application for Advance Parole Travel Document (I-131) for Firstname Lastname A# xxx-xx-xxxx

    Dear Sir/Madam,

    I need a travel document as I am planning to travel outside the united states in late February 2010. I am eligible for travel document based on my pending adjustment of Status (I-485) application, Receipt # SRC-xx-xxx-xxxxx.

    I am enclosing the following supporting documents:

    1. Check in the amount of $305, payable to U.S. Department of Homeland Security
    2. Form I-131, Application for Travel Document
    3. 2 Identical photographs (Name and A# written on the back of photos)
    4. Copy of current passport (All pages)
    5. Copy of expired passport (All Pages)
    6. Copy of Form I-94 (Front and back)
    7. Copy of a I-797C, ASC Appointment Notice
    8. Copy of a I-797C, Receipt Notice for I-485
    9. Copy of a I-797C, Approval Notice for I-140
    10. Copy of a I-797C, Receipt Notice for I-140
    11. Copy of EAD
    12. Copy of Driver's License
    13. Copy of Marriage Certificate
    14. Prepaid self addressed envelope with delivery confirmation for USCIS to send my I-131 approval.


    Please approve my application for Advance Parole.
    Thank you in advance for your kind attention and cooperation in this matter.

    Yours Truly,





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  • InTheMoment
    09-20 10:12 AM
    Nice summary of links...moreso...we have reputed titles here !!

    http://www.washingtonpost.com/wp-dyn/content/article/2007/09/18/AR2007091801944.html
    http://www.ocregister.com/news/green-highly-skilled-1847985-immigration-voice
    http://www.nytimes.com/2007/09/19/us/19immigration.html?ref=us
    http://mangalorean.com/news.php?newstype=broadcast&broadcastid=53421
    http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070025734&ch=9/11/2007%205:05:00%20PM
    http://news.bbc.co.uk/2/hi/south_asia/7002296.stm
    http://www.mercurynews.com/lachung/ci_6935022
    http://www.businessweek.com/bwdaily/dnflash/content/sep2007/db20070917_552357.htm?chan=top+news_top+news+index _businessweek+exclusives



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  • slowwin
    05-22 04:44 PM
    Tying EB related issues to Wall street is a self defeating enterprise right now in this economic climate.., if our issues are equated with wall street brain drain, we may not get much sympathy from the common public, therefore the politicians.


    Hello All,

    In Interesting article/Video posted by Yahoo Finance


    Contrary to popular opinion and the view of many politicians, the "brain drain" issue on Wall Street is real, says Dave Kansas, author of "The End of Wall Street as We Know It."

    Kansas, a Wall Street Journal contributing editor, notes the concurrent trends of foreign-born workers returning to their home countries and Wall Street's homegrown "risk-takers" joining smaller firms or opening their own boutiques.

    In other words, when CEOs like Morgan Stanley's John Mack and Citigroup's Vikram Pandit complain about the risk of losing the "best and brightest" if the government imposes onerous restrictions on compensation, there's validity to their claims, Kansas says.

    These trends - compensation restrictions, the rise of boutique firms, more competition from international competitors and big shops becoming more risk-averse - come in the wake of a largely self-made cataclysm that hit Wall Street in the past 18 months.

    And Kansas notes it's "early innings" in terms of both the industry's transformation and the new regulatory environment that's certain to come down the D.C. beltwa



    ARTICLE CAN BE ACCESSED AT:

    http://finance.yahoo.com/tech-ticker/article/253392/The-New-Wall-Street-%22Brain-Drain%22-Threat-Legit-as-Boutiques-Foreign-Firms-Rise?tickers=GS,JPM,MS,C,XLF,FAS,DB?sec=topStories&pos=9&asset=&ccode=


    MY QUESTION TO YOU ALL

    Do you think the govt will do something soon about this? Can we expect a merit based point system in the new CIR? Does anyone has information on merit system in new CIR?

    Please advise.


    Thank you





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  • GCBoy786
    09-13 09:23 AM
    Congrats! vempati...

    Guys, any update on receipts whose I-140 is approved at NSC and (R.MICKELS, 9:01, July 2nd)... I am still waiting on mine...



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  • ImmiRam
    09-13 04:57 PM
    I am sure you are well aquinted with IV and EB process.

    You proudly keep profile incomplete....
    Post a "noval" idea about law suit in first few posts (most likely you have another IV handle too).....
    ....

    still wondering why you are so "famous"....

    The rudeness some of the members display here amazez me...Yes, my profile is incomplete, but I still went ahead and made donation...not that I a, bragging but it speaks about commitment. Since my profile is incomplete, it gives you right to be Rude ? And why cannot I post about lawsuits in first few posts ? I dont get what you are trying to convey. Am I missing something here? I thought we are all professionals here, guess I am wrong.





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  • boozereddy
    10-02 10:33 AM
    According to IRS you are citizen(Any one who stays more that 180 days and pays taxes in us is a citizen according to them). You can apply for student Loan as a citizen if you use this clause intelligently. This is how most students get credit cards. If you say you are on H1 to a credit card company they will never give you the card.

    Again this is only my opinion. I might be wrong.:)



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  • pnjbindia
    01-15 09:23 AM
    i got frustrated and applied for PP .... came back in 3 days... they are rediculous..





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  • rameshvaid
    10-16 09:47 PM
    Do the right thing. Don't try to find a loophole.

    It is possible to convert from B1 to H1, I did the same in 2002 but he can not work till he gets his H1 approved. Simply applying and getting the receipt notice will not make him eligible to work and if he works and is caught he will be deportrd and will not be permitted to come back ever again. He will be under H1 cap also and will have to apply when next year quota opens. You also said that he got all his H1 papers then why he wants to risk it. Best route will be to get H1 stamped in India and come here.

    Considering if all that is done, he will still be exploited by his employer if comes on B1 and will have no legal status to work. It takes anywhere between 3 -6 months to get the H1 approved here in US. I assume he is going to work for a desi company or consultant, no American company will encourage this route. He can not get is SS# also till he gets his H1 approved and no question of getting Driver's Licence.

    Tell your friend to weigh pros and cons before he decide to come on B1..We all know what we are going through with this broken immigration system..

    Good Luck..

    RV



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  • pappu
    07-02 09:39 AM
    I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.
    Once you go out of the country without filing 485 or getting EAD after 485. Your 140 and LC is still valid (provided the employer has not cancelled it). If the job and position for you still exists in the company (and the company wants you for employment), you can file 485 from anywhere and go for councellor processing.





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  • jay75
    08-07 01:34 AM
    Received 2 year EAD, with pending I140(EB3 I).





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  • desi3933
    07-08 11:08 AM
    While on AoS, are we classified as US Resident - as long as we pass the IRS resident test of presence in US.

    Thank You and best wishes

    While AoS is pending, the status is Temp US Resident. This is same on H1/L1/H4/L2.

    This is nothing to do with status for tax filing. Example: one staying at B1 status for 183+ days will be classified as US resident just for tax filing (if he has income such as share income), for all other purposes he is still a visitor.

    .





    kennyc
    May 24th, 2005, 07:50 PM
    Canon 20D EFS 17-85 IS lens:

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    chanduv23
    11-11 04:35 PM
    ^^^^^^



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