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  • GCard_Dream
    04-05 06:18 PM
    I guess the only question that remains now is if I beat the clock and am able to file I-485 (assuming everything works out in EB2 case) before the current H1B expires, what would my status be until I receive my EAD. My understanding is that is takes few months for the EAD to be approved but the H1 has long expired. Are you in status or out of status then?





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  • Eveready
    07-09 09:28 PM
    :confused: My wife has been on H1B for about 3 years and may have to go on H4 (on my H1B) for some time since we changed location and she is not getting a job immediately. Now when she does get a job which confirms to her existing workpermit type (teacher in this case) does she have to apply for a new H1B and wait for OCT2007 for it to happen or can she get one any time.





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  • andycool
    07-18 11:05 AM
    here is a brief account of my, and my spouse's, arduous but successful journey toward the coveted green cards. i hope this account helps you somehow.

    (note: what you read below is all of what i am willing to share. i have spent a lot of time in typing it. i will not have the time or inclination for any elaborations or explanations!)

    1. landed in the united states on f-1 visa -- september 2000.

    2. arrested on misdemeanor shoplifting charge after prank went awry -- june 2001; judge dropped charge in july 2001 and also sealed and expunged the record.

    3. changed from f-1 to h-1b upon accepting job offer from employer A, via about two months of c.p.t. in september 2003 (never used o.p.t.)

    4. obtained labor certification in may 2004, and approval of i-140 (via eb-2) in march 2005, both via employer A. (priority date was, hence, may 2004).

    5. got married in home country in june 2006; spouse landed in the united states on h-4 in november 2006.

    6. graduated with advanced degree (and high academic honors) in december 2006.

    7. transferred h-1b from employer A to employer B in september 2007; abandoned employer A's i-140 approval.

    8. spouse, who had been on h-4 since november 2006, changed to f-1 in september 2007 to pursue advanced degree; spouse graduated in may 2009.

    9. arrested in april 2008 for driving while visually impaired; convicted and punished by judge with three-month driving probation and fine.

    10. obtained new labor certification in march 2008 and obtained new i-140 approval (again via eb-2) in september 2008; both via employer B.

    11. mailed i-485s for self and spouse in october 2008; did not realize while mailing that the priority date had recently retrogressed (had no attorney assistance); but uscis accepted petitions, cashed checks, and processed the i-485s by sending self and spouse biometric appointments and an r.f.e. (for spouse).

    12. transferred h-1b again, from employer B to employer C, in june 2009, more than 180 days after i-485s had been pending; spouse simultaneously applied for change of status from f-1 to h-4.

    13. self and spouse invited for i-485 interviews in october 2009 based on self's i-140 approval obtained through employer B; i-485 petitions denied because priority date had not been current when filed; self and spouse shocked and in near-panic! self began to consider restarting green card process from i-140 stage, this time via eb-1.

    14. h-1b extended in december 2010 for a year, via employer C's petition; at time of extension approval, self's original six years on h-1b had elapsed.

    15. re-filed i-485s in january 2010, this time with attorney's help (mainly to write cover letter).

    16. self and spouse invited for i-485 interviews again in june 2010, based on second i-485 petitions (based on self's i-140 approval obtained via employer B, even though at this time self was with employer C with previously denied -- for a technicality -- i-485s); i-485 petitions approved at the interview -- jai siyaram!

    17. self and spouse received approval notices and "card production ordered" emails, all dated 13 days after interview.

    18. received green cards and "welcome to the united states" fliers, both in july 2010, 29 days after i-485 interviews -- jai shri krishna!

    notes in conclusion:

    1. the green card process via employment, from h-1b through i-485, with possible multiple approvals/denials of each, is daunting due to the time and expense involved (including possible cost of attorney)

    2. uscis's emphasis on technicalities can be frustrating; in our experience, approval of a i-485 is ultimately a discretion exercised by a single reviewing officer.

    3. overall, applicant and any spouse/kids (a) must have maintained legal status throughout the h1b through i-485 process, and (b) must never have been convicted of felonious assault or moral turpitude.

    4. in the end, applicant would find that the immigration system works, slow though it is because of congressional quotas and a somewhat slothful or myopic uscis.

    5. i offer my best wishes to all that are reading this, regardless of citizenship. as a proud (and relieved!) new permanent resident of the united states, i say to you, "good luck and an advance welcome!"

    reminder: what you read above is all of what i am willing to share. i spent a lot of time in typing it. i won't have the time or inclination for elaborations or explanations but, most sincerely, i wish you well!

    Dude ,

    Its indeed a long Journey ....

    Enjoy

    Thanks





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  • tbass
    04-16 12:54 PM
    I am thinking to moving from Allentown (PA) to Houston. Just wondering if anybody can enlighten me on the challenges that I am likely to face.
    Drivers License,Commute to downtown, childcare etc.
    I will probably get flamed again for posting a non immigration related (mostly except the DL part I guess) topic.
    I have an approved i-140 and EAD and 180 days past on 485 filing.

    Trust me. That's a move you will surely enjoy....I moved in the opposite direction.......Houston to Allentown
    Houston is the best. Lovely weather, Really "BIG" city so you can get or do whatever you want. The metro system is not the best but if you only need it to commute to work(downtown) then no problem. By the way they don't give a crap about driver's licenses in houston, too many applications. They'll give you 6yrs easily on ur license.



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  • raama123
    02-25 11:22 PM
    I was registered first time in last 6years this forum.i did not expect answers from this forum like arrogant,if you are not interested don't give reply like below,even you don't know about issue to answer,why you are giving unnecessary.

    Forum will help to others with sharing the knowledge and sharing situations,not giving silly things..

    Please remove this type of answers

    dealsnet = which is correct
    sargon = LoL. No wonder she got caught. She is not only a thief, she is also stupid

    snthampi View Post
    People like your (friend's) wife are a shame to the legal immigration community. We come here to work hard and make a better living. I don't think, this woman deserve to be admitted back to the US and I am not sorry to be rude in this case.
    Please.... come on... you are a highly skilled immigrant... you can do better than this... I'm waiting... please spend the rest of the work day to come up with something.
    Bookmark and Share

    thanks
    raam





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  • rbalaji5
    02-10 01:19 AM
    Thanks all for the very useful informations. Yes - I called the DI office today. As per their instruction, booked the infopass appointment for SFO. I will update the result soon.



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  • siva008
    02-24 03:04 PM
    I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:


    If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.

    With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:

    ) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;

    2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty

    3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation

    A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;

    B) Membership in a recognized foreign or United States association or society in the specialty
    occupation;

    C) Published material by or about the alien in professional publications, trade journals, or major newspapers;

    D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements



    if any one has similar problem please share

    Thanks
    Hi NoUserName,

    here more details:

    Bachelors in Civil
    Masters in Civil
    And having 3+ years experience as computer systems analyst

    My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.

    I really confused how to answer this query, if you have any ideal please help me





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  • herns
    03-07 08:38 PM
    I dont know what country you belong to. Only issue here is, if you get an RFE when you're unemployed.
    [/I]

    THanks for your reply.

    I fall under 3rd employment based category that got stuck May 01, 2005.
    http://travel.state.gov/visa/frvi/bulletin/bulletin_4428.html

    I have few colleagues that got only 1 (one) RFE for their I-485 such as birth certificate, one got missed physician signature on one document, the other got no RFE and the green card did just appeared. How I wish I could have an RFE similar with these or nothing at all.



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  • kannan
    07-21 02:07 PM
    My 485 details

    PD Nov 2005 EB 2 India Ported from Previous employer
    Applied date July 2007
    ND aug 23
    Ist I 140 approved jan 2006 --( This got the below message)
    2nd I 140 approved Mar 2007



    Today I got a CRIS mail ,that my already approved I 140 got a status

    Current Status: Case Transfered to Another Office for Processing.
    On July 20, 2009, we transferred this case I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow the instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, call customer service at 1-800-375-5283 to update your address. You can use our processing dates to estimate when your case may be processed by following the link below. You can also receive automatic e-mail updates as we process your case by registering in the link below.


    This is my Previous employer's I 140approved in jan 2006, I transfered the PD .Any thing is wrong. I am so scared . I was laid off from April. Till now I did not get any Job.
    Do I have to worry because this is my previous company I-140.





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  • extra_mint
    09-15 01:11 PM
    Congratulations ....


    wow !!! freedom when your wife is in India ....go to strip bar and have fun:) you need to enjoy



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  • arukala
    01-30 12:33 AM
    Thank You so much TwinkleM for your answers

    -Ravi





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  • chanduv23
    09-10 09:51 AM
    I ordered the Golf Tee - United colors of IV just now with the 1 to 5 business day shipping option, the second option. As I am planning to drive down Monday evening - I am hopeful that I will get it by then.

    I would still recommend that we bring a lot of shirts of various sizes to the rally. People will definitely buy them there.



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  • newuser
    07-11 02:30 PM
    Count me in. Just sent a PM





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  • shanti
    02-23 12:07 PM
    I filed my labor three years ago with a requirement of BS + a minimum of a one year experience (I had 4 years of US experience and 6 ys experience abroad at that time -feb 2005-).
    Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
    My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.

    The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.

    Did anyone hear anything similar?

    Thanks and have a great weekend!



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  • sanprabhu
    07-17 04:32 PM
    I think we should send post cards to all the senators. The message should be simple:

    1. RECAPTURE of the lost EB visas for the last decade.
    2. Per Country quota flexibility.

    The post cards should be sent to all the 100 senators.

    If people want to send flowers it should be again to soldiers at Walter Reed. I think this time it should say Thank you for your service by USCIS.





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  • delax
    07-16 08:55 AM
    USCIS decided a date Jun 1, 2006 to be current for EB2, so that Visa Numbers are not lost this year. This they decided on the basis of numbers of applications they were able to process by Jul 8, 2008. We all know that I485 Processing Date for NSC was Jul 28, 2007 and TSC was July 17, 2007. These dates were posted on Jun 15 and by July 8, might have moved by a day or two.

    Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.

    Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.

    In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.

    Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.

    Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.

    You may be correct about the PD see-saw but I am not convinced about the RD logic. I know of at least a dozen friends (EB2-I) with PD in mid 2003 who filed in June 2007 and were approved by Oct 2007. The RD during that time was in 2006.



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  • s416504
    03-07 01:52 PM
    My friend went to Boston Airport ->Immigration/custom Office next day for correction. His father came on B1 visa but they put wrong month on I-94. That office corrected that immediatly. There must be something at every international airport.





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  • Bpositive
    12-06 04:41 PM
    Thanks guys...

    btw my "card production ordered" email of December 4th was followed by another email on December 5th which says - .

    "On December 4, 2009, we mailed you a notice that we had registered this customer's new permanent resident status. Please follow any instructions on the notice. Your new permanent resident card should be mailed within 60 days following this registration or after you complete any ADIT processing referred to in the welcome notice, whichever is later."

    Trust the USCIS to make everything complicated!

    Any thoughts? Is this just a redundant email? I am going out of the country for a few weeks starting December 12th.





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  • Kodi
    09-16 06:26 PM
    Yesterday my employer received notice that my co-workers I-140 was denied and when she went home she received denial notice for her I-485 too. She filed EB2 concurrent.





    motown
    10-21 10:50 PM
    I work as a dentist in a company which was held in partnership by 2 partners.I have a approved H1b and my I 140 is filed in May 2006.Now as of Oct 01 the original company is finished as the partners have seperated.I am confused about my case, if I have to file a new H1b and 140 or an ammendment or just nothing.The tax id number for the company which will now give my paycheck has changed.As for me my work location has not changed and I still work in the same position.Can I take paychecks from the new company which now belongs to one of the partners or do I need to inform immigration to refile H1 or I140 or both.Any advice is appriciated


    AC-21 Public law 106-396 might be applicable to your case. Please read the last paragraph in page 10 from the following link

    http://www.uscis.gov/graphics/lawsregs/handbook/ac21guide.pdf

    I am not an attorney. Use it at your own risk.
    Good Luck.

    Motown





    frostrated
    07-11 12:09 PM
    I see dark every where for EB3 until we do something there is no hope guys.....

    This is really suc...............

    actually, i think that the EB3 will also make rapid advances come October.
    with the quota exhausted for this year, and the pre-adjudication taking place and with most of the EB3 India applicants having received their GC between 2002 and 2005, i think the dates will advance to 2003 by Dec and to mid 2004 by Feb/March. After that, it is anyone's guess if the quota for India will hold out. As for me, I see at least another year or two wait for my GC, unless the Congress passes a miracle.