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  • gc_on_demand
    10-22 01:04 PM
    I am trying to figure out the same and after rigorous communication with my lawyer and a few companies, I came to an estimate that it may take anywhere between, atleast 12-18 mnths on a thumb rule. Again, I understand its on a case by case basis.

    Reasons ::

    (1) Most of Desi companies filed under Eb2. Those are EB3 are mostly from american companies. And even if they qualified for Eb2 , companies filed for Eb3. So its any one 's guess that these companies will file new Eb2.

    (2) Process takes 12- 18 months even if companies are ready

    (3) Eb2 has tough criteria and lots of scrutiny.

    (4) Desi companies are scared to file for new Eb2 when their H1bs are under review too.





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  • Desertfox
    02-06 03:52 AM
    Recently I was asked by a state University to submit additional documentation to prove my legal resident status in the United States after I presented I-485 receipt notice.

    My question is, which section of the immigration law explicitly says that an AOS applicant has legal resident status in the United States at the discretion of Attorney General? I have asked this question on various immigration blogs/forums, but I am yet to get an answer.

    There was a recent incident mentioned in Carl Shusterman's website and a Pilipino family was detained for hours by border patrol in California near Mexico border for having expired I-94 on passport even though they had I-485 receipt notices with them. I drive on I-8 frequently, and it might help quoting from the law if I ever face a similar situation.

    Thanks in advance for your comments on this.





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  • swita
    03-25 02:56 PM
    Thanks for your replies....Do you have to go on vacation before you file the labor certification application or can you file your PERM and then go on vacation and then apply for recapture .





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  • smuggymba
    10-05 11:00 AM
    ^^
    they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.

    Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?



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  • anuh1
    03-25 01:53 PM
    Yes you can recapture. Most of the people do the same way if they dont have enough time.





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  • Dhundhun
    04-15 04:04 PM
    Congratulations! But I think freedom is yet months away - need to be with same employer for some more time.



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  • ssdtm
    12-12 03:56 PM
    Leaving with expired I-94 is no issues. My wife recently went India, gave expired i-94 on passport. She did not give the latest i-94 that came with her H4. She got visa stamped from India, and came back without any issues.





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  • logiclife
    06-21 06:25 PM
    I know a person who came to US on H4 in feb 2004 applied for H1 in the firt week of April 2005,
    her Employer who filed for H1 suggested that she would get her H1 from Jan 1st 2006 , so she can travel to India
    on that assurance she left for India on September 15 and came back on Dec 28th and
    on Jan 1st when she called employer they mailed her H1 copy and the date of Approval is Oct 1st.


    Does this mean H1 is Invalidated as per Last Actions Count Rule.

    She has been working on H1 since then (not regularly though)
    and did not file for H4 extension assuming her H1 is valid. H4 expired on Aril 2006

    Has any one gone through the same situation.

    Whats her Status as of now, If her husband is applying for 485 what do you guys suggest put on I94 what should her action from now on.


    One lawyer suggests she should apply for 485 and and if they raise query come with some answer at that time.

    another one says she should file for H4 and quit working.

    She is totally clueless please help.

    If there is a valid I-94 that you can mention on 485 form and if that I-94 is not expired and it is also the latest I-94, then you may be ok.

    Do not apply 485 without I-94. In absence of I-94, they wont send any RFE, they will reject the 485 case right away. The new USCIS memo states that if initial evidence is missing, then they are not obligated to send RFE anymore. They have authority to reject it right away.

    http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf

    --Read the "Initial Evidence requirements" on page 2. The initial evidence list is mentioned on every form (485, 131 etc). It MUST BE there in the packet.

    Keep this fact in mind as many lawyers are not aware of this USCIS memo and its pretty important.

    Also, trying to go back on H4 is not a bad idea, particularly, if the priority date is an early one. The filing of 485 would be delayed by a year or 2 but atleast her status would be good when applying.



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  • azharuddinm
    07-23 11:46 AM
    i did not inculde the P.O Box is this an issue ?
    I used the below add for FEDEX.
    Nebraska Service Center
    850 "S" Street,
    Lincoln, NE 68508





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  • sanjeev_2004
    07-20 10:54 PM
    Today my attorney filed my 485 with e-reciept of 140. My employer told that they didnt recieved reciept notice by mail so My attorney used 140 e-reciept for 485 filing.



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  • J Money ft Soulja Boy amp; Roscoe



  • kartikiran
    01-14 10:48 AM
    Mine was Renewal





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  • REQUIRE_GC
    08-03 11:14 PM
    I have a follow-up question. If I do not get my EAD before my current one expires, am i out of status? I have a LIN number for the renewal submission.

    As long as You have Applied in Time You are not Out of status. If you have crossed 90 days , you can go to local immigration office and request for the temporary permit.

    I submitted renewal on July 12, and I received an email on saturday for Card Production ordered and I did not receive any FP notice for renewal.

    Hope this answers your question



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  • hsingh82
    04-15 03:47 PM
    I own house too. My immediate goal would be to get my PERM and I-140 approved and with the help of approved I-140 get a 3 years extension so that i can stay and enjoy my new house for few more years. By the way i was in this queue in Mar06(my first perm) and Jun 07(My second perm) and now again in April 09. I am building my patience every year :D

    Yes, I saw that you are applying for the third time, I saw in another post your 140 got approved too earlier. May I ask what screwed it up for you couple of times? You can IM me if you don't want to discuss here, just want to get some idea not complete details.

    Good luck!!





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  • redgreen
    07-15 10:31 AM
    It is clearly written in the instruction of I-765 that :

    "Adjustment applicant who filed for the adjustment under the fee structure implemented July 30, 2007"

    Note that it is not whether you filed on or after July 30, 2007 but the fee that you paid for I-485. I don't know why people don't even read the basic instructions coming along with the applications form!

    Simply, this is the rule. If you have paid higher fee for I-485 then you don't pay fee for EAD (new or renewal). otherwise you must pay the fee. . As most of the people who filed before Aug 17, 2007 would have paid previous lower fee and those who applied know very well that they applied in August as part of the 'faisco'; it was basically a July 2007 filing with older fee.

    Many lawyers don't know anything other than making money.



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  • samcam
    05-19 02:39 PM
    Welcome to our newest member, mmohan03





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  • Steve Mitchell
    January 17th, 2005, 09:47 AM
    Nice job Anders. 2,3,4 and 5 are the best of these I believe. You're exactly right about practice. The more you shoot the better you will get, as you are demonstrating. Patience and alertness are the key as well. When you can't control what's happening, you have to anticipate, and be alert to catch in when it happens. Shooting from the penalty box allows from some great shots. Be alert in there though. The first time I did that a puck whistled by myhead. Thank goodness I ducked and moved my head. Water from the ice was literally on my ear and the puck hit behind me. I would have hit me square in the head.



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  • lost_in_migration
    05-25 07:48 AM
    Sent





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  • pbojja
    06-02 09:20 PM
    pbojja, you have contradicted yourself. In 1) you say "No need to File for 140";
    Then in 3) you say "They approve Faster in a month" - Which does not make sense if you don't file right?

    Could you enlighten us? Also, what do you mean by Happy & Unhappy scenario, only one of them as to be the legit way, no?

    Man I was just kidding with Happy scenario , we wish things work our way with CIS , I clearly mentioned unhappy scenario is the reality





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  • Queen Josephine
    May 25th, 2005, 12:09 AM
    Josh, I'm so blown away by those atomic bomb looking clouds that I never even got to the one with the deer! (Nik had some atomic bombs over a barn last week also). I think you make all the relevent points; the first 2 certainly can benefit from some post processing in Photoshop. Those clouds are really it, but the needed something else to frame it, branches, grasses, something. I noticed that the horizon was treed, so assumed that the shore on which Kenny was standing had some trees, I "framed" the pic as if it were shot with trees framing it. Attached is the result which shows how finding objects to create a "frame" for the picture can make a world of difference. Also, I had to guess at the actual sunset color scheme. Since I wasn't there, I opted for the most dramatic. (hope you don't mind me messing with your pic Kenny, but it lent itself well to the discussion of framing and processing and illustrates better than words what I am getting at).

    Other than higlighting a few things, I kind of like the deer one the way it is. It's almost a "where's Waldo", but that's what I like about it. Nature itself plays the "where's Waldo" game on us.





    papajon
    06-19 10:06 AM
    You will get your H1B extended pending appeal on PERM.

    Thank you! So technically, there is nothing for me to worry at this time? Is this correct? I know I am losing time but my priority is not current...





    anilsal
    08-24 09:50 AM
    It may be true that the representatives are looking forward to the elections. But we should make an effort to make them (and maybe the folks who contest against them) knowledgeable about issues faced by Skilled "backlogged" people, in the immigration circus.

    On a lighter side, sipping tea is good
    http://news.bbc.co.uk/2/hi/health/5281046.stm

    There is a good news for an ardent Tea drinker in me (the only good news happening. :) )



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