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  • chunky
    07-26 03:17 PM
    Can one change status without AOS receipt. I saw I 539 (change of status) form and It is written to gove more specifics if you applied for permanent residency





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  • 21stIcon
    09-21 07:11 AM
    I am really amazed how some guys do not even know how to search house on internet and posting 10 messages for very basic question and dreaming of owning house during one of the turbulent times in the history.

    House is not an appreciating asset anymore for atleast another 5 years and it is luxury item which could loose value anywhere 10 to 30% by 2011.

    Salaries will go down all across board for most people, which could make less people to afford.

    Try to learn 1991 housing crash in US ,Japanese 1955 housing and curent UK turmoil.

    Then look into Japan 1980's and US 2001 to 2005 housing boom which will help.

    Do not spend 50% of your salary on housing which may loose by 2011 and you might not have anything on saving as well.





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  • gc_chahiye
    09-14 03:23 PM
    call the attorney who is working on your case and ask if it's a good idea to go...

    You will be surprised...Most attorneys are of the opinion that this rally is important and people who are impacted by EB GC dealys should meet with lawmakers to discuss the issue.

    exactly! All Attorneys both privately and on their websites (murthy / matthew oh / greg siskind/carl shusterman etc) are all saying we NEED to make it to this rally. This is the last and best hope!





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  • Waitnwait
    12-20 08:58 PM
    I just read at TOI that Dr Manmohan Singh's daughter Amrit Singh is a staff attorney at ACLU.

    http://timesofindia.indiatimes.com/PMs_daughter_puts_White_House_in_the_dock/articleshow/2639327.cms

    Can she be of any help to IV's Agenda. Has IV core considered contacting her.



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  • EkAurAaya
    03-19 09:43 PM
    Once you are 183 days on H1b (significant presence test), you become resident alien for federal tax purposes and file 1040 just like any other resident. From my experience in real estate, I am yet to encounter an IRS form that says H1b's shall be taxed 10% more. Can you request the IRS publication number from the source? I am curious.

    Thanks for your response. My understanding was the same as yours, however this came from my real estate lawyer (a good one). May be he misunderstood resident alien v/s foreigner investing here.

    I still would like to hear from someone who actually sold a place on h1 or ead their experience.





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  • waitingGC
    01-15 10:11 AM
    I think more members will join and people will be willing to contribute more if they see positive things happening. Right now we seem to be going no where. Even if a basic thing like filing for 485 during retrogression gets passed, people will gain confidence in IV and they will be willing to contribute money.

    I totally agree with you! Many members are doubtful of what IV can really do for legal immigrants. Many people think that nothing can be achieved with just less than 10,000 people. Without seeing any hope for any changes, people just feel desperate and stay where they are without thinking of this issue.

    I've read a post in a Chinese immigration website regarding how they thought the immigration trends in the future. Most people, if not all, believed that most of the immigration bills, including CIR, SKIL, and 485 filing, have no chance to be passed in the congresses, not only this year, but also in the future. They thought that the only thing that had a chance was H1 quota increasing. I hope that's not true. But their arguments made sense. We believe that we contribute to this country so this country needs us. But Americans don't think so. Many ordinary Americans do not really care about legal immigrants. Those who care may have lost their jobs to us. Our employers don't really want us to get GC because we can change jobs freely once we have GC.

    Those thoughts, combined with last year's facts, make people believe that we cannot make a change. But I believe that if IV can make any change in the near future, e.g. 485 filing, people would regain confidence and join this organization. This is like a vicious circle. People don't contribute, then IV cannot achieve goals. Thus more people lose confidence and contribute even less.



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  • solaris27
    08-06 12:39 PM
    hopefully they will process my application soon.....





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  • raysaikat
    06-20 08:59 PM
    [snip...]
    As long as you have the I-797 approval petition you are good.

    S/he has to have a valid I-94 to stay in the country legally. I-797 usually comes with an I-94. However, what the original poster said is that his/her I-94 is going to expire. I am interpreting the statement to mean that among the I-94's (one or more) s/he holds, the one with farthest validity is going to expire. If it does, s/he has to go out and get a new I-94 while re-entering. If s/he applies for some other status, and relevant I-797 comes with another I-94, then that's different. The bottom-line is, s/he has to have a valid I-94. It is irrelevant if the I-94 is given by the IO at the entry post or attached to an I-797.



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  • mikrupee
    07-27 03:26 PM
    What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?

    Senior pl give advice.

    O.K. Once you get EAD being a H4 Visa holder you can do multiple jobs in multiple field as you were having H4 status. But now if you are having H1 status then you can do multiple jobs with all jobs having similar description to the job description for what your original employer filed your green card (485).

    Now real question should be "Should I use EAD or Should I be on H1/H4?"

    If U choose to use your EAD than from that moment your H status expires. In normal circumstances you would not care. But in reality your 485 process will still continue for years and say unfortunately something bad happen to your 485 process and get denied then you will have one choice that is to leave USA. But if you have maintained your H status not using EAD then in that kind of scenario you still keep working and staying in USA.





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  • anandrajesh
    08-15 01:46 PM
    Absolutely right, how otherwise do you explain that they issued card production for people with PD's in 2004, (Dates not current in June) on July 2nd and in an hour and then said the visas are unavailable.


    NO FIFO whatsoever.

    They just saved themselves by retracting the VB of JULY, or else they would have faced lawsuits, and investigation which would have shown all irregularities and fraud.

    One of my buddies got his GC approved yesterday and his Priority Date is June 2005, EB2 India. I am here waiting since 2004 March to file for my I485. There are no methods to USCIS Madness.



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  • anilsal
    08-06 01:05 AM
    Looking at , it appears that the FP happens around 45-60days after 485RD. I am not sure if I am right.





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  • english_august
    09-11 12:29 AM
    Bump!!



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  • Satya123
    03-16 05:26 PM
    Hi,

    My wife's H4 visa got denied and her I94 got expired. Can she stay for 30 days if so will she be having any problem while coming back with valid status?





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  • Ramba
    04-22 02:19 PM
    My lawyer got the RFE notice yesterday....

    My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.

    Please reply with your thoughts.

    Though, it appears as regular employment verification letter, there may be catch in it due to what you explained above. Though you were an "engineer" in H1B, your employer applied as a "technician" in green card application (LC/140) to overcome pre-wailing wage issue. This is not good one if they found out, as the technicians can not be in H1B visa. You can not argue I will be technician after getting GC. Also, you can not use AC21 as "engineers" and "technicians" are not similar occupations.



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  • chunky
    07-26 03:04 PM
    My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
    Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.

    My 140 is still pending





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  • cari
    01-08 05:01 PM
    I got this from different website(not sure if I can quote here).

    Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.

    I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D

    Can you please provide me the web address of that website?

    thanks,.



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  • mps
    08-15 05:00 PM
    :p You just killed spirit of "AC21"

    :D Now you may want to add that - USCIS should request proof of employement each year from anyone who gets GC in EB category right !

    I noticed a flaw in GC process with respect to �Ability to pay� and �AC21�

    Here are the definitions

    Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

    AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

    Let�s consider the following scenario

    1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

    2) I-140 gets approved and I-485 is pending for more than 180 days.

    3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

    4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

    5) I-485 gets approved.

    Here is the flaw. USCIS doesn�t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

    What if company C is running in loss and not in a position to pay the proffered wage.

    Why should USCIS make a big deal out of ability to pay when it�s not checked across all employers where the beneficiary intends to work?





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  • surabhi
    06-19 10:52 AM
    I-485 reciepts are not part of required supporting documentation.

    http://www.uscis.gov/files/form/I-765instr.pdf

    see page 6:
    This is for paper filing.

    Need front and back of EAD card
    2 photos
    $340 check or None as applicable

    i-485 receipt notices are required only for first time filers not filing along with I485.


    Sorry to have jumped the gun. I-485 receipt is needed.

    "All applications must be filed with the documents required
    below, in addition to the particular evidence required for the
    category listed in "Who May File This Form I-765" with fee,
    if required."

    On Page 4 in the Instructions doucment refers to the particular evidence

    A. Adjustment Applicant--(c)(9). File your EAD
    application with a copy of the receipt notice or other
    evidence that your Form I-485, Application for
    Permanent Residence or Adjust Status, is pending.
    You may file Form I-765 together with your Form
    I-485.

    Since it talks about other evidence, you can use FP notices.

    The other requirements are photos, check for $340 if applicable, front and back of EAD card.





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  • Pria
    01-02 09:59 AM
    My husband, the primary applicant is a temporary non immigrant worker on H1B visa. I have been on an H4 status for the last 6 years since we relocated to the U.S. Our I-485 is on track and continued (visa availability). I've had an EAD for the past 3 years (renewed twice and now valid until 2012) but never used it, until recently...

    I used my EAD very briefly and unfortunately had to leave my job due to personal reasons within 3 weeks of joining. Have I lost my H4 Status? What status am I on now? I want to travel to India in Feb-March. What procedure do I need to follow to make it happen. Any suggestions would be appreciated.

    Pria





    aadimanav
    12-28 02:06 PM
    NSC Dec 2007 Processing Times says:

    https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC

    "..The processing times shown below are for applications that have just been completed..."

    In the table it mentions "April 24, 2007" as the date for EB based 485 adjustment applications.

    Just for one sec assume that above date is right. What does "processing completion" of your 485 means? Does that mean your case is pre-adjudicated and waiting for the visa number and you won't get any RFE?

    Also, when they are mentioning "April 24, 2007" date , are they ignoring the applicants who are stuck in namecheck process for years? If a person has filed 485 in 2005 or 2006 but stuck in namecheck, how come 485 is completed?





    alterego
    08-30 07:05 PM
    They will reply to all the SRs and Infopass that the applications are not more than a month outside of normal processing times, so they would not reply. The Processing times were moved to that July 2nd date for a specific reason.
    I think that if they have some numbers they might start looking at older RD/PD. Believe it or not, they have many pending 485s with RDs even a lot earlier than July 2007.
    Lets hope no numbers are lost. If they accomplish this and clear out all the 2004 PDs and earlier than 2007 July 2nd RD, that would be reasonable.
    All that said, I have no trust in their communication or their abilities.



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