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  • chandrajp
    04-28 09:35 AM
    You cannot change employer unfortunately with just I-140 approved. You need to apply for I-485, be with the current employer for 180 days and then you are eligible





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  • gtg506p
    03-09 09:56 AM
    Thanks. Could you tell me more details if possible through a PM? I applied last year. During that month PD had gone from 2004 to 2003 to 2000 to U and then back to 2003. My PD was March 15 2004. Yes I could have waited for PD to become current and of course I would have preferred EAD for my wife. But you know as well as I do how the PD movement is. There is no way to tell what the PD will be next month. Knowing how these consultancies work we had investigated a lot. We talked to couple of people who had worked for him and they recommended him. They said they haldnt got any trouble from him. So we went ahead. I agree it was a mistake. But anyway whats done is done. Now just looking ahead.





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  • sk2009
    07-28 03:38 PM
    mine is EB3-I PD Dec 2004 , there was hard LUD on 27th july 2008 on my approved 140 and even recieved email from uscis





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  • illinois_alum
    07-11 01:55 PM
    Are you sure that this was signed by Emilio Gonzalez and not some other Gonzalez?

    I would think the last name Gonzalez would also be like the last name KIM for Koreans..there could be hundreds of Gonzalez at USCIS!



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  • mdipi0
    11-17 09:54 PM
    wtf? this isnt mine! omg! :P! kirupa can you tell me whose account this is? this is mdipi.com. i used my BBForum name by accident and look what happend! :P. if you could tell me that would be great.





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  • ttdam
    11-07 04:09 PM
    Hi ttdam:
    Your 485 was moved from NSC to TSC, and so was mine, and I got FP recently. My EAd/AP was filed in NSC on Aug 10, got receipt notice, but no other news yet. where did you file your EAD/AP, is it in NSC? If so did you get your EAD?

    My 485 was sent to TSC and then Fwd to VSC and came back to TSC. It never went to NSC

    EAD was issued from VSC, AP query for PP copies was issued from VSC as well



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  • txh1b
    08-18 01:28 PM
    Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
    Btw, i am on AOS if that is what was meant from my legal status..

    Thanks for all the responses to my thread so far..

    Like I said before, this is a civil issue and a contract claim. This can be handled by means of a lawsuit as a civil proceeding if you wanted to. The likelihood of you winning the claim is very very slim in court based on my knowlegde. If you want a government agency to help you, that is not going to happen as there is no claim of any violation here.





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  • pa_arora
    03-11 12:27 PM
    I am sorry if this is a re-post.

    http://www.washingtonpost.com/wp-dyn/content/article/2009/03/06/AR2009030601926.html


    ----
    They're Taking Their Brains and Going Home

    By Vivek Wadhwa
    Sunday, March 8, 2009; Page B02


    Seven years ago, Sandeep Nijsure left his home in Mumbai to study computer science at the University of North Texas. Master's degree in hand, he went to work for Microsoft. He valued his education and enjoyed the job, but he worried about his aging parents. He missed watching cricket, celebrating Hindu festivals and following the twists of Indian politics. His wife was homesick, too, and her visa didn't allow her to work.

    Not long ago, Sandeep would have faced a tough choice: either go home and give up opportunities for wealth and U.S. citizenship, or stay and bide his time until his application for a green card goes through. But last year, Sandeep returned to India and landed a software development position with Amazon.com in Hyderabad. He and his wife live a few blocks from their families in a spacious, air-conditioned house. No longer at the mercy of the American employer sponsoring his visa, Sandeep can more easily determine the course of his career. "We are very happy with our move," he told me in an e-mail.

    The United States has always been the country to which the world's best and brightest -- people like Sandeep -- have flocked in pursuit of education and to seek their fortunes. Over the past four decades, India and China suffered a major "brain drain" as tens of thousands of talented people made their way here, dreaming the American dream.



    But burgeoning new economies abroad and flagging prospects in the United States have changed everything. And as opportunities pull immigrants home, the lumbering U.S. immigration bureaucracy helps push them away.

    When I started teaching at Duke University in 2005, almost all the international students graduating from our Master of Engineering Management program said that they planned to stay in the United States for at least a few years. In the class of 2009, most of our 80 international students are buying one-way tickets home. It's the same at Harvard. Senior economics major Meijie Tang, from China, isn't even bothering to look for a job in the United States. After hearing from other students that it's "impossible" to get an H-1B visa -- the kind given to highly-skilled workers in fields such as engineering and science -- she teamed up with a classmate to start a technology company in Shanghai. Investors in China offered to put up millions even before 23-year-old Meijie and her 21-year-old colleague completed their business plan.

    When smart young foreigners leave these shores, they take with them the seeds of tomorrow's innovation. Almost 25 percent of all international patent applications filed from the United States in 2006 named foreign nationals as inventors. Immigrants founded a quarter of all U.S. engineering and technology companies started between 1995 and 2005, including half of those in Silicon Valley. In 2005 alone, immigrants' businesses generated $52 billion in sales and employed 450,000 workers.

    Yet rather than welcome these entrepreneurs, the U.S. government is confining many of them to a painful purgatory. As of Sept. 30, 2006, more than a million people were waiting for the 120,000 permanent-resident visas granted each year to skilled workers and their family members. No nation may claim more than 7 percent, so years may pass before immigrants from populous countries such as India and China are even considered.

    Like many Indians, Girija Subramaniam is fed up. After earning a master's in electrical engineering from the University of Virginia in 1998, she joined Texas Instruments as a test engineer. She wanted to stay in the United States, applied for permanent residency in 2002 and has been trapped in immigration limbo ever since. If she so much as accepts a promotion or, heaven forbid, starts her own company, she will lose her place in line. Frustrated, she has applied for fast-track Canadian permanent residency and expects to move north of the border by the end of the year.

    For the Kaufmann Foundation, I recently surveyed 1,200 Indians and Chinese who worked or studied in the United States and then returned home. Most were in their 30s, and 80 percent held master's degrees or doctorates in management, technology or science -- precisely the kind of people who could make the greatest contribution to the U.S. economy. A sizable number said that they had advanced significantly in their careers since leaving the United States. They were more optimistic about opportunities for entrepreneurship, and more than half planned to start their own businesses, if they had not done so already. Only a quarter said that they were likely to return to the United States.

    Why does all this matter? Because just as the United States has relied on foreigners to underwrite its deficit, it has also depended on smart immigrants to staff its laboratories, engineering design studios and tech firms. An analysis of the 2000 Census showed that although immigrants accounted for only 12 percent of the U.S. workforce, they made up 47 percent of all scientists and engineers with doctorates. What's more, 67 percent of all those who entered the fields of science and engineering between 1995 and 2006 were immigrants. What will happen to America's competitive edge when these people go home?

    Immigrants who leave the United States will launch companies, file patents and fill the intellectual coffers of other countries. Their talents will benefit nations such as India, China and Canada, not the United States. America's loss will be the world's gain.

    wadhwa@duke.edu

    Vivek Wadhwa is a senior research associate at Harvard Law School and executive in residence at Duke University.



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  • optimist578
    04-10 12:03 PM
    It is a new EAD and not an extension of your old EAD. You can go online and e-file and there is no need for a lawyer. As you have all your GC details including your Alien #, it is very straight forward.



    Are you sure we can e-file ? How will we provide supporting documents like, copy of pending I-485, old EAD approval etc ? Is it safe to assume that USCIS will find out all those information by just Alien # ?
    As far as I remember on the EAD filing instructions, they mention that employment based EADs are not eligible for e-filing. Or are they referring to H1Bs etc ?

    Also, what if we don't get the new EAD before the current one expires ? Has anybody asked their lawyers ?





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  • Leo07
    05-20 04:12 PM
    How many in this forum are yet to file AOS?
    Hello Members,

    I am starting this thread to get idea on how many new members on this forum who didnot file for I 485 during July 2007. Numbers can give us some idea on future campaign etc.. Please submit your answer and keep this poll on top of all threads for few months.



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  • gcwait2007
    10-21 11:50 AM
    Our paralegal had advised as follows-

    ONLINE CASE STATUS SYSTEM DELAYS


    USCIS is experiencing delays of several weeks in entering new information to the online case status system on their public website. Even though a receipt may have been issued in a case, the online system may not accurately reflect the current status of a July Visa Bulletin adjustment case or a related application. The USCIS is reportedly working on the problem, but has not indicated when the information delays will be resolved.





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  • kumar1
    11-05 10:04 AM
    For a long time, between 2001 to late 2004, All PDs (EB1-EB5) were current. Main reason for this was, labor certification used to take 2-4 years during that time. If you do not have labor certification coming out, you always have visa numbers available. Just when PERM hit, retrogression came in to the picture.



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  • yorstruly
    07-19 02:37 PM
    WOW! I am amazed by the effectiveness of this forum. So many specific advice within minutes!!!! :) :)

    I am looking at all the websites...





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  • inskrish
    09-05 05:14 PM
    Inshkrish,
    You mentioned only you got welcome email not your dependents...I am confused...for me I received the approval email but no status change for my wife even on the telephone check , she opened a SR on Friday...

    Were your dependents approved when you checked on telephone or how did you come to know that their cases got approved (by postal mail or phone?)....my lawyer also mentioned my name only ofcourse he received the same CRIS mail that I received....

    I am not sure how to check...if online is not reliable...

    Regards,

    SoP

    I had an Infopass appointment. The IO checked the status of my two dependants and confirmed that their cases were also approved, although the online status still says their cases are pending.



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  • smartboy75
    10-17 03:51 PM
    interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
    Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
    My personal opinion is as below

    Why risk GC by working on EAD part-time ?? Since there is no consensus among lawyers themselves and assuming this is a gray area with USCIS, I would suggest lets not risk ...better late than sorry ...

    My 2 cents..





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  • thesparky007
    04-24 07:13 PM
    k-mannnnnnnnnn!!!!!!!!



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  • amitga
    07-15 12:47 PM
    You are not allowed to re-capture unused photos. This would require a legislative change.:D

    When my AP came up for renewal my attorney asked to get new set of photos.
    In addition my cousin's EAD application got RFE'ed to get new set of photos even though the photos were recent. The reason given was that they had used same photos to renew their visa few months back (less than 6 months).
    Is USCIS coming up some new rule about photos being 'unused' ?? The guidelines say that photos should be recent (taken in last 6 months). However nowhere I do I see that the photos should be 'unused' previously ?
    Anyone else had same experience ?





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  • GCInThisLife
    07-18 01:46 PM
    I485 gets processed in the order of 485 RD. If cut-off dates are 'current' PD does not matter. However, if the dates are retrogressed, visa numbers would be allocated for all pre-adjucated (screening, security checks etc are completed) in the order of Priority Date so PD does matter and in fact cut-off dates would be determined based on available visas and number of pre-adjucated (already filed) cases.


    Thanks for the replies. Since all the dates are current under the July bulletin, how are the 485s processed ?

    1) Order of priority dates and EBs?
    2) Order of the date on which the 485 applications were received?





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  • a_yaja
    07-13 04:49 PM
    Done





    Ramba
    03-25 01:33 PM
    Genereic faxes requesting to remove hard country quota may not yield the desired result. It is very important to request any senater who is willing to help or undertand the issue. It should be done thro lobbying and explining him/her in person why it is important to the eliminate country quota, hard country quota increase the baklog instead of reducing it. He/She should to bring an amendment to the bills(Frist/Specter) to bring back the AC21 provision. Then we will get the success.

    I hope IV will take care of this situation.





    roseball
    07-20 05:37 PM
    Most of these case I have heard have got H4 visa without any issues. You will do OK. Go for stamping.

    NO MATTER WHAT YOU DO, DO NOT LEAVE THE COUNTRY WITHOUT GETTING LEGAL ADVISE.

    You have been out of status for 3 years. If the consular officer finds this out, you could be banned for 10 yrs. This is a very serious issue, I hope you consult an attorney before planning to leave the country. I am not sure why you took so long to convert to H4. My best wishes to you anyway..