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  • Rb_newsletter
    09-21 06:31 PM
    My previous employer got to know about this and sued me for stupid and fake charges.

    What was the fake charges?
    In which state you and your employer were then?





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  • mihird
    05-21 10:49 PM
    I think, the PD should reset to the day the substition is done and not to the day the original labor was filed...otherwise it is unfair by all means..

    But, I agree, we have bigger fish to fry...labor substitions probably only account for 1-5% of all cases...

    I don't see any solution to visa retrogression...its just a way to control the number of people immigrating in...and if more people intend to immigrate from certain countries, their applications are bound to be backlogged...

    Most of the current immigration debate is centered around illegal aliens and it has all to do with the Hispanic vote etc.

    The only solace we can have is that if they do decide to grant amnesty to certain illegals, either they will be put behind the queue of legals, or we legals will first be pushed forward and then visa numbers made available to the illegals..

    If illegals get priority in the visa number allocation, there will be plenty of uproar and finger pointing....I don't think the current administration would be able to pull something like that off..and in all insanity, if they do something like that, I will be the first one to join that queue of illegals :-)





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  • WillIBLucky
    12-13 12:58 PM
    That was my thought process too. If the immigration systems is corrected then I believe EB3 and EB2 will become current. Then it does not make a difference. Even late 90's the retrogression was there for both Eb2 and Eb3. IN 1999 they opened up for Y2K and then again retrogressed in 2001-2002 I believe. But again after that it was all current till the current retrogression.

    Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.

    I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.

    My reasoning was simple:

    In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers he, we have to stop thinking that GC is above everything. Work on it as much as you can, but do not trade it in for good career moves.

    Do what you feel is best for you and what you can make peace with. My 2 cents..





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  • solaris27
    02-27 08:12 AM
    from approval date



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  • DSLStart
    12-16 10:32 AM
    Very first thing hire your own attorney if new company is not providing one. Have your attorney send USCIS G-28 (change of attorney) on your 485 and other pending cases. Make sure the new attorney sends this out on the second day you meet him. This way your ex employer's attorney will have not control over your case. Spend money from your own pocket if new company not providing attorney as this is an important thing.

    I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.

    Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.

    1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?

    2...by submitting any paperwork to them can he hamper my proessing?

    3...Do i have anything to scare about?

    4...what should i do now?


    This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.

    I need help.....please let me know what should i do....please people help me....





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  • kisana
    04-10 12:13 PM
    Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
    Als one more thing "Which USCIS Office?" section which date I need to put there.



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  • dask
    04-20 07:55 PM
    Just got my passport renewed at SF.
    Applied in person and opted to get it back in the mail.

    Got it in hand exactly in a week from application date...(pretty smooth)....

    And i used 2X2 in photo instead of 3.5X3.5 cms....both are ok.

    They will adjust it properly in your passport for you...

    All the best.

    Hi All,
    I am scheduled to visit India in July-09 and comeback in August-09 this year, My passport expires on Nov 2009. I will be using AP and also I have H1b stamp valid till may 27 th 2010.Is it necessary to renew the passport now or I can do it after I come back from India, is there any rule that your passport has to be valid for more than 6 months while enetring US?Please advice
    Thanks
    EB3-I
    PD Jan 2002
    I-140 cleared in 2006
    I-485 received date Aug27 2007





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  • imneedy
    02-05 10:12 AM
    Shahuja and Raju,
    thanks for your reply, let's hope you get them soon.



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  • yestogc
    08-20 01:33 PM
    Apology from USCIS :):o:D.................... this is not going to happen





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  • shreekhand
    07-29 10:33 AM
    As soon as you adjust your status to F1 your I-485 becomes void. Further having and EAD has nothing to do being on F1.

    In short it is not easy to go back full time studying while your I-485 is pending.


    This second point is not true. Either that, or the USCIS is not enforcing that requirement consistently. I renewed my EAD 3 times so far, but never had to provide any salary statements with my renewal applications.



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  • indianabacklog
    07-27 09:32 AM
    I don't think its required to work 100% while you an EAD, most of us apply EAD for spouses along with us, but how many are going to start work?
    EAD is like a free pass to "living". You have the choice to work, not to work, work for yourself, change employer when you wish etc.

    However, if you are the primary applicant if at all possible stay with your H1B employer and let your dependent have this luxury.





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  • martinvisalaw
    06-15 11:46 AM
    You should have no problem filing a 2nd 485 even though you already have one pending. This happens often, especially when a foreign national marries a US citizen while an employment-based 485 is pending. I've prepared this type of case many times. the faster 485 will be approved (hopefully), so the slower one will be denied because you already have permanent residence at that point.



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  • sravani
    05-24 09:22 AM
    Please go ahead with the filing especially when your employer is bearing the expenses.

    Everything is in flux right now and even the bill is approved, It takes some time for the new system to get in place and you can preserve the Priority Date of the LC applied under the old system, if you need to reapply as per the new merit based point system.





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  • GotFreedom?
    07-20 01:50 PM
    If your I-485 is already approved, you already have a GC (your status is permanent resident) regardless if you have the physical card in possession or not. You do not need EAD to work in the US. You are allowed to work wherever you may choose without worrying about work authorization. Your GC is your work authorization as well.

    Sorry to hear about your job loss. With I-485 already approved, you should be able to apply for the unemployment benefits but I do not know what kind of implications it might have when you go for citizenship. I beleive, you are elegible to reap the benefits of the social benefits even if its considered burden.



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  • ssdtm
    12-12 04:06 PM
    Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.

    I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.





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  • bfadlia
    05-27 08:09 AM
    My son and wife too had EAD's expiring in Aug, 2010.. Had no option but to get the DL for three months and applied for another renewal of EAD's.. What a crap..$ after $.. Did the letter from USCIS you got after infopass help or not??


    I don't think the letter was of any help, it said my case is still pending, and as I mentioned above DMV told me they already knew that, they had access to USCIS database.



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  • eb3_nepa
    07-20 04:40 PM
    bump





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  • tikka
    08-09 11:17 AM
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  • sunny1000
    02-03 05:45 PM
    Hello -

    Its been 30 days since my AP was mailed to me as per USCIS notification and I have not yet received it, but on other hand we receiver my wifes AP with in 3 days of approval.

    Can you guys suggest if I have to wait little longer or assume its lost in mail and apply for new one.

    Did any one on this forum experience more than 30 days to receive there AP since document mailed notification from USCIS.

    I would appreciate your suggestions/comment.

    Peace.

    I would suggest that you call the customer service number, since it is over 30 days, to find out what is going on.





    ddanait
    02-07 04:24 PM
    True and I don't blame them, my priority date is 10th August 2007 and I haven't seen much progress since then. Last year during advocacy day in washington the turn out was pretty low, let's hope we will have better turn out this year and will make our voice heard.

    We pay all the taxes including social security being on work visa, why should we be made liable to pay these taxes when the beneifts will be reaped only by citizens. An individual should be made to pay SS taxes only after he becomes a permanent resident. We are made to pay each and every tax without getting anything in return except an ambiguos future for us and family.





    glus
    08-10 11:48 AM
    Friends

    This is my situation

    My I 140 approved, my status is F1 COS to H1 B
    My wife situation, B1 (Visitor) COS to H4.

    Now we r planning to change my wife status from H4 TO F1.

    Can anyone with their experience suggest How complicated is my Case!!!!
    Can we file COS by ourself or do you suggest to Hire an Attorney.

    Pl advice

    Thanks

    A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.

    Best Wishes,



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