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  • stuckinretro
    04-16 04:21 PM
    When you filed for your 485's did you check the column and mentioned each other as dependents and mentioned each other's A#'s? If not each of your applications would be processed separately. When you replied to your RFE you should have written a letter to them about your husband's case.

    Should we wait until my PD becomes current, to try to link our aplications? Is that necessary? Is there any danger that my husband's 485 application might get lost if USCIS denies our request to link his case to mine now since my PD is not current?

    Don't know if this matters, but just this week, I got a RFE for employment verification. We have now sent necessary documents as requested by the dept.





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  • logiclife
    08-02 11:18 AM
    EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.

    I was contemplating on job change before dates became current in June and decision to accept 485....

    Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).

    Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).

    So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)

    (I am single and those complexities are not to be considered I guess yet.
    Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)

    EAD is really worth having, especially in IT, because finding jobs with same or similar job description is not difficult.

    Even if not in IT, the ability to start working for someone without bothering that employer to sponsor your H1 is a HUGE PLUS. HUGE and I mean really really really HUGE.

    Also, if you are in IT, and if job market becomes worse, then employers have more choice and during those times, they get picky and choosy and ask for candidates who have work authorization (Meaning, EAD or GC or citizenship) so that they dont have to sponsor H1 and go thru those hassles. (employers get sick of USCIS delays too).

    Therefore, whether you want to stay with same employer, or change to new one, having EAD is a big benefit because having EAD is same as having GC (after 180 days of 485 filing) with one caveat : with GC, you can change profession, or stay at home and not work....with EAD, you need to work and you need to be within the same job description.

    Not to mention, the travel benefits. When 485 is pending, in addition to EAD, you get AP for travel and AP is guaranteed re-entry after a visit outside USA. IF on H1, you need to have H1 stamp and if H1 stamp on passport is expired then you have to spend time gathering documents and getting consulate appointment and getting H1 stamp -- Something that causes unneccesary anxiety and too much heartburn and potentially ruins the vacation due to anxiety.





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  • helpfriends
    04-15 10:44 AM
    Hi,

    Is it legal to come here and work while waiting for an L1 visa. This person(not myself) arrived on an I-94 Visa waiver with full knowledge, worked during that week while waiting for their L1A non-immigrant application to be approved(week later). Please advise. What are the ramifications of this once its passed or immigration finds out?

    Thank you for your assistance.





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  • GC_SUCK
    09-26 11:12 AM
    I have received my physical card on 09/24. This site was a great help and will continue spreading word about IV.

    Is anyone here works for Apple Inc.? Need some info. Please send me private message.

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  • xu1
    08-03 01:34 PM
    To be able to file EB2 the position has to belong to O*net zone 5. For instance if you are an engineer, open the link http://online.onetcenter.org/find/result?s=engineer&g=Go and click over the engineering that mostly suits you. If that position is job zone 4 then it is EB3 if it is job zone 5 then it is EB2. Then you have to check the salary for the area where you work, if your basic salary is superior to the minimum (level 1) of the position then you are fine.

    Though I don't know anything about the zone 5 requirement, judging by the vast majority of H1b jobs there are, very few are qualified zone 5. Thus there would have been very few EB2 filing (PERM or the other)

    This is not evidenced by what I have seen on many forums, or people that I know that filed for EB2 and then had it approved.





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  • Green_Print
    07-17 06:47 PM
    We should send flowers to her with a personally written thank you note.



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  • gc28262
    09-03 10:49 PM
    In one of my friend's case they approved H1 for 6 months, because he had contract only for 6 months. He just completed 3 years and this is his first extension request. :eek: Who the hell in this world writes contract for more than 6 months even if they have requirements for next 2 years.

    Another case I heard was immigration officer at POE granted only 1 year I-94 even though he had 2 years left in his visa. It seems IO spoke to candidates manager and advised him to hire someone locally and get him trained within a year.

    Are we in real United States of America? So much of hate around.

    This is Obama and Grassley in action :rolleyes:





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  • rtarar
    02-12 07:21 AM
    I am a july 2 nd filer.
    No FP yet.



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  • cox
    October 25th, 2005, 11:51 PM
    I think the timing is a matter more of when those of you who have to travel can make it here. For the locals, I think we're a lot more flexible. I would suggest a pre-xmas timing (mid to late dec). Right now, the fog on the bay is pretty bad, but toward xmas it usually lightens up. The weather will be chilly (esp. Marin & the seashore), but it never really gets cold here like those of you who have midwest or northeast winters. ;) Hotel rates should also be good. I'm looking forward to meeting any of you who can make it out here!

    I've been trying to get the perfect bridge picture for a while, and we can continue that in Marin, and breakfast in Sausalito. We could hit the 'tourist' spots - Coit tower, Market street, pier 39, & the Presidio. If we want to go further afield, there are a host of parks and beaches immediately available. Point Reyes National Seashore is a two & a half hour drive north from SF. Tule Elk, shorebirds and sea lions. Point Ano Nuevo is an hour and a half south. Elephant Seals, birds and deer. I'm game for anything. I'm sure QJ will come up with an even better list and then we can discuss.





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  • skothuru
    06-21 12:11 PM
    Thanks for your prompt reply.Is this the format you are talking about?

    AFFIDAVIT REGARDING BIRTH

    I __________________ (name) being the _________________ (relationship father, mother, sister, brother, aunt, uncle), to ______________ (FN name), reside at ___________________ (address, including country), do hereby solemnly affirm and state on oath as follows:

    I declare that _________________ is my (son/daughter/brother/sister/niece/
    nephew). He/She was born on __(Date)_____ in (town, country) and that ______________ (father�s name) is his/her father and _____________ (mother�s name) is his/her mother.

    ______________________________

    Signature of Deponent



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  • kaisersose
    10-11 02:17 PM
    There is no problem here.

    In the case 485 denial, if the applicant has a H-1b, then the applicant will continue to be in status via the H-1b. If the spouse had given up h-4 status by using EAD, then the spouse will have to activate the h-4 visa back.

    If the 485 is rejected and the rejection is not by mistake, then the chances of getting back into the 485 queue and getting an approval are very slim. If the 485 is rejected by mistake, then it may be possible to stay on even without a H-4 while the mistake is being corrected.

    Example: Back in 2000 my friend's 485 was approved, but his wife's approval did not show up. After waiting paitently for a few months, he initiated an enquiry and discovered that there was an RFE in his wife's case and the good lawyer did not respond to the RFE resulting in denial of her case. She was out of status at this point, but it was not a problem. The case was reopened by the lawyer and she went back to 485 status and her case was approved 4 years later.

    In short, there is not much documentation or knowledge on the possible options after 485 denial. Mainly because 485 rejection is extremely rare. I would not worry about it. Go ahead and use your EAD if you have to.





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  • god_bless_you
    04-23 10:40 PM
    Finally, My I-485 got approved.
    PD:MARCH2002, EB2, INDIA
    RD: MARCH 2007
    Thank you All!!
    :)



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  • isthereawayout
    02-22 12:42 PM
    Yes, in my case we wouldn't be using the experience gained with the current employer as I already have the required 1 year experience before joining the employer.

    My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..





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  • ski_dude12
    02-22 07:21 PM
    Did you inform USCIS that you are changing jobs using EAD and invoking AC21?



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  • delhirocks
    07-14 10:14 AM
    Surprised to see Korea in the top three...wonder what kind of employment professionals are coming from Korea.

    What's that supposed to mean? Probably exactly the same kind of employment professionals that come from other countries! It's only the 12th largest economy in the world

    To elaborate on that, S.Korea happens to be on the forefront of technological innovations. Highest per capita broadband use, highest per capita cellphone use...land of samsung and Hyundai

    not to mention great food...korean bbq anyone





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  • shana04
    04-24 11:25 AM
    Finally, My I-485 got approved.
    PD:MARCH2002, EB2, INDIA
    RD: MARCH 2007
    Thank you All!!
    :)

    I wish you good luck in all your future endeavours. Good bless you and your family.

    Pray for all.



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  • LloydsApple
    11-12 03:55 PM
    Updates are coming in fast.

    It turns out my wife is not yet elegible to get an ID card. She can get her license when I get my real copy of birth certificate and that will happen in about a week when it should come in by mail.

    The problem is that she can get some sort of temporary paperwork but the official drivers license will take up to another 6 weeks to get.

    Is there still no problem with traveling? I would guess not but again, as the story changes, helpful insight is very much welcome. Thanks!





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  • pappu
    09-22 02:07 PM
    I'd like to think it was our media campaign letters that did it :)

    Yes. We got a lot of interest from reporters due to the letters and press releases members sent. The credit for all media coverage goes to each and every member who participated in the media action item.





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  • manderson
    10-30 09:58 AM
    stylepoet, I am no lawyer but I still think you can totally resolve this thing with a very good immigration lawyer instead of lobbying for a law change. If you wait around for legislative changes you may wind up waiting forever. Look at us. A multi-million dollar lobby like Compete America (which represent Fortune 500s like Microsoft, Google, Oracle, etc.) have been working towards some of the same goals we have been trying to achieve for the last 4-5 years, and either of us can hardly get anything done in Congress.

    Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.

    One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...

    Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!

    :)


    Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.

    The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.

    We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.





    boozereddy
    10-02 10:33 AM
    According to IRS you are citizen(Any one who stays more that 180 days and pays taxes in us is a citizen according to them). You can apply for student Loan as a citizen if you use this clause intelligently. This is how most students get credit cards. If you say you are on H1 to a credit card company they will never give you the card.

    Again this is only my opinion. I might be wrong.:)





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