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  • delax
    07-16 01:51 PM
    Whats new about this news? We have been hearing this since Thursday evening.

    I hope it does not - but it may also happen that a solution is not reached and our only option then is a lawsuit. Think of it this way - the longer there is no news the more likelyhood there is a deadlock.




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  • iv_only_hope
    02-16 09:47 PM
    http://immigration-information.com/forums/showthread.php?t=4285




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  • lazycis
    02-18 04:27 PM
    "The spouse and children of a person who has previously immigrated to the U.S. may be entitled to obtain an immigrant visa at a later date. If you would like to see if you are eligible for follow-to-join status, please send us (consulate in India) a copy of the principal applicant's permanent resident card or I-551 or a copy of the principal applicant's passport pages indicating admission to the U.S. as an immigrant. Please also submit a copy of your birth certificate and/or marriage certificate. The documents must come with a letter of request clearly indicating the name of the applicant(s) and all relevant contact addresses and telephone numbers. Once the Immigrant Visa Unit has determined you are eligible for follow-to-join status, we will contact you and provide instructions on how to apply for the visas."

    In this case baby would qualify for follow-to-join visa.

    I do agree with wandmaker that having child in the US is much much more preferable.




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  • serg
    10-30 08:47 PM
    You can start working on EAD now and wait for the H1 approval to come through.

    WTF are you talking about, man??? It was said hundreds times: once one use EAD, h(is|er) H(1|4) is GONE!!! Per my lawyer, if you filed H1 extension before expiration, you are ok, in this case ext. filing date make sense.



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  • CADude
    11-07 07:30 PM
    Please Read the SOP I-485 Section 6: Work Load Distribution (page 134 of 269)

    If all earlier process is completed (NC, G235A, FP, etc, etc..) then you will come to WL Distribution phase. If you Visa# is not available then files will be kept in "visa hold self" sorted by PD. It's reviewed monthly for visa# availability.

    If visa# available for your PD then file will be assigned to Adjustor.

    But to reach WL Distribution, all process haved to be completed which is done based on your Receive Date(RD). I am sure FIFO didn't followed for July 2nd filer(few filer are still waiting for RN). So for all praticle purpose read Notice date(ND) inplace of RD.




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  • rsdang
    10-30 04:05 PM
    Dude you have the AP use it... I have travelled on AP multiple time no issues. I have an approved H1 which I dont use any more...

    All the best



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  • snathan
    02-10 11:52 AM
    Hi ,

    I need help !!!! I am a Electrical Engineering , but I joined a Indian consultant and my H1b is approved. I am working as system admin for past 2 years. I want to apply my GC in EB2 catogory.. Can some 1 advise me what to do or how to proceed with this. I am very much confused because I am not so comfortable with EB3.

    Please advise !!!!!!!!

    Thanks

    No one is comfortable with Eb3...do you have Master or Bachelor in EE? Any it has to do with the job requirement and not with your or your degree.




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  • mishras
    05-14 10:49 AM
    This is not a joke, we have received this querry, and are seeking some helpful advice.



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  • cptbaseball
    05-14 02:26 PM
    Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.

    However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.


    Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.




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  • mrsr
    06-26 09:50 PM
    how filed ,with the help of lawyer right?



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  • ameryki
    02-26 03:17 PM
    Hello,
    I have not seen the 485 receipt notice come through and its been over 6 months since I applied. Down the line after a few months we will have to start preparing for EAD and AP renewal and I take it we will need a copy of the 485 receipt notice to file? Any thoughts.




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  • tinku01
    09-17 06:46 PM
    Hi,

    I recieved my green card last month through Consular Processing and now getting a good offer. Is it OK to join another company just after 1 month of green card or I should wait for some more time. NEED SUGGESTIONS from experts:D



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  • Queen Josephine
    May 23rd, 2005, 07:38 PM
    Bob, Exmoor I'm saving for a vacation trip (considering it would take me a day to just get there!)

    Now Red Rock, well, I can do that in a day! (Actually, I have been there before and I can tell you those rocks are enormous)




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  • delax
    08-03 01:08 PM
    I remember very clearly from last year that NOT having an A# on your approved I-140 is not a problem - Sheela Murthy was very clear about this on her calls for her clients. The 485 receipt though should have an A#.
    FP is a different story. You have to get it done for 485 approval.

    Disclaimer: My approved I-140 has an A# that matches the A# on the 485 receipt



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  • centaur
    02-09 08:39 AM
    I brought this up in July 2006, about atleast filing a class action lawsuit, even if its thrown out of court, we have attention of the news media. Being a taxpayer we are entitled to use the court system. But, at that time I was practically boo-ed of the website to the extent, that I erased my comments and stopped coming to this website.

    If we are in this together, I still think its possible. We talk about media attention, this is probably the best way to do so.

    Grounds:
    1) Discrimination based on country. I know about 7% quota, but a judge can put a hold on quota or refer it to more stidies or throw this issue. We dont know what the judge will think, its highly stupid for us to assume, that he will be against us from the start.

    But it will get media coverage and media will definitely comment on numbers of indians/chinese and simple ignorance of whoever came up with this quota. And also the fact that these are doctors, engg stc and in high tax-brackets.

    2) Emotional trauma, spouse not able to work and such. Thats a human rights issue, which is even bigger than immigration. It will start another debate.

    These are two very big grounds, another would be taxation without representation.

    I know immigration is a privilege, butas long as it gets media attention and average american starts realizing the difference between legal and illlegal.

    I think it will also bring CIR to debate sooner.




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  • rani77
    08-30 10:53 AM
    Isnt recording conversations without the consent illegal? :confused:

    This may be correct but , if you sent the tape of employer abusing /cursing its own employees to DOL along with other allegations , they might well pay special attention and scrutinize him or his company thoroghly.



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  • GCard_Dream
    07-13 04:42 PM
    That means you have no reputation at all :D :D :D .. kidding.

    I think all that means is that no one has given you any reputation point yet.

    Wow!. I did not realise that. I an unknown quantity. What does that mean?




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  • arsh007
    12-08 06:05 PM
    BTW, what are some of the online MS / MBA schools that the H1B community is attending ? Please share this information as I plan to take up one, and wanted to learn from your experirnce.

    Thanks in advance.

    My immigration status is H1 (485 pending EB2/INDIA). I am on the verge of completing my 2 year Masters in Computer Information Systems (MS-CIS) from Missouri State in Springfield, Missouri. Its a distance education Masters program with one week of on-campus residency every semester. The program is geared towards working IT professionals and its accredited by AACSB. The quality of education is excellent and fees is very nominal. I even got my employer to reimburse me for the tuition. Please see the following website for additional information on the program.

    http://missouristate.edu/

    http://mscis.missouristate.edu/default.asp

    http://mscis.missouristate.edu/applicationprocess.asp

    Please email me at arshstl@gmail.com for additional information.




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  • willigetgc?
    01-21 11:09 AM
    I had a doctor's appointment today and my doc asked if I had read this article: Why Chinese Mothers Are Superior - WSJ.com (http://online.wsj.com/article/SB10001424052748704111504576059713528698754.html) and if I agreed with the author (coming from an asian/indian family)

    What do you think?




    seekerofpeace
    09-13 09:38 AM
    Folks,
    I am really amazed to see the verbal war of words between these two artificially created groups aka the lines of "Divide and Rule" policy by the erstwhile masters of our country...

    I can understand the feelings but the profanity and the language used won't lead us anywhere.

    Frustration is the only common thing among the EBI applicants...some more some less...

    I know of a lot of EB2s like me who came to this country for higher studies more than a decade back and got delayed in filing for their residency and had to suffer...While many who came with a job here and filed using EB3 then, have their parents as residents now....

    Why is there no anger towards the many L1 managers who get residency through EB1.without much educational qualifications and forget about national interest waiver...I know a few, who came in 2006 and are residents within a year or so....

    I also saw many of my friends through unfair labor substitutions got ahead of me unfairly and are now citizens...

    Bottomline is people won't apply in a particular category unless they think it is best in their interests...In this economy most companies are tightening their purse.....it is a common fact that 90% of EB I applicants are software engineers.the demand of which will wane over the years in the immediate future and next generation technology demand will increase aka green and biotech....and much water has flowed in Mississipi since the days of Y2K when even people with fraud degrees and vague backgrounds came here and flourished......

    The infighting reminds me of the crab story in which of all the baskets of various sea animals/fishes in a fish market the only basket whose lid was open was one with crabs...a buyer when enquired the uniqueness of that crab basket was promptly told by the seller that in this basket if any crab wants to go out and be free all the other crabs will join and pull it back to the basket so I don't have to worry.......

    Let's not be these crabs....I am sure there exists common grounds in IV otherwise if this continues I am sure there will be a vertical split in IV...between EB2 and EBI..and ROW will laugh at us.........

    SoP




    jayleno
    12-15 11:59 AM
    Buddy,
    Are you trying to create a problem or solve one? If I were from Sri Lanka, why would I send my wife to India? If we start following your advice, soon many husbands would be leading a single life for being laid off.

    Probably his problems are due to H 4 visa situation where as his 140 approved and got EAD.

    Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.

    Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.

    But option 1 is far far better, even it needs little sacrifise from your spouse point of view.

    Or she can continue to stay by switching to F1 status.
    Thai is the best way.



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