Dandruff
05-30 06:18 PM
pwned ... hehehe :D
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kumar1
08-04 09:12 AM
Myht 1: If I-485 gets denied I have H1-B to as a back up.
Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.
Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.
Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.
Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.
So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.
Gurus.....any comments?
Think of this - you get AP and EAD based on pending I-485. Similarly, you get H1-B extension beyond 6 years based on your pending green card process. Once your I-485 is denied, your AP, EAD and extended H-1, all are gone at once. Yes, extended H1-B is no longer valid after that. You simply can not fall back on that.
Myth2 : I want to continue on H1-B even after getting EAD, I feel safer.
Think again. Suppose you came to the US in 2004. In 2007 during the visa gate scandal, you filed your I-485 and got EAD. At that point of time, you had two options. You could have continued H1-B or changed over to EAD. Person A changed to EAD. Well, once he changed to EAD his clock of "Time spent on H1-B" stops right there. Come 2010, if his I-485 gets denied, he still has 3 years of H1-B left and he can use it till 2013.
Person B decided to continue using H1-B after 2007 and kept his EAD as backup. Same thing happened, his I-485 got rejected in 2010. He can not go back to H1-B. He has utilized H1-B for all 6 years and he can not get it extended without going out of the US for one year.
So by keep EAD for "in case I-485 goes south" and using H1-B, you are killing your options. If someone has a choice between EAD and H1-B, he should use EAD.
Gurus.....any comments?
willwin
10-19 09:21 AM
There were about 600,000 AOS applications including the July and August filers. So that number less 60,000...roughly about 540,000 applications still pending with USCIS....
And 540000 @ 140000 per year is approx. 4 years!
Going by PD, 2001-2003 may get their GC by Dec 2008
PD 2003-2005 by March 2010
PD 2005-2007 by Sep 2011
Again, my assumption is even distribution which is not a reality. Every year, last quarter would be busy as USCIS would try to use up all the VISA numbers for FY and during that period it could be open for all atleast for 3-4 years; like June 2008 they may make it current for PD 2005 and June 2009 for PD 2007 .... And, come October dates would retrogress.
And 540000 @ 140000 per year is approx. 4 years!
Going by PD, 2001-2003 may get their GC by Dec 2008
PD 2003-2005 by March 2010
PD 2005-2007 by Sep 2011
Again, my assumption is even distribution which is not a reality. Every year, last quarter would be busy as USCIS would try to use up all the VISA numbers for FY and during that period it could be open for all atleast for 3-4 years; like June 2008 they may make it current for PD 2005 and June 2009 for PD 2007 .... And, come October dates would retrogress.
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485Mbe4001
06-13 02:24 PM
We had a discussion with our company lawyers about this. We wanted to know if it was possible to file for EB2 after a promotion. They told us the following and said we cannot change (dont know if its bs, you talk to your lawyer.)
a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
more...
waitnwatch
05-06 01:02 PM
Some states have the provision that instate tuition rates will only apply to permanent residents while others allow H1-B's to avail of instate tuition. I know for sure that Pennsylvania is in the permanent resident camp while Colorado allows instate to H1-B's. As mentioned previously it is the state legislature along with the commision on higher education which create the rules.
It would be interesting to compile a list of all 50 states to see where each state stands. To do that though it would help if folks residing in different states chime in. Otherwise it would be too difficult to sift through the higher education commission websites for each individual state.
It would be interesting to compile a list of all 50 states to see where each state stands. To do that though it would help if folks residing in different states chime in. Otherwise it would be too difficult to sift through the higher education commission websites for each individual state.
TO BE OR NO TO BE
04-19 09:13 AM
Lets see waht happens....
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augustus
07-13 01:35 PM
Good news could only be this. Accept I-485 and issue EADs. Country limit cannot be removed that quickly. I think a legislation needs to be passed to be in effect. What say??
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chintainfogc
08-31 04:04 PM
I am in the same boat, My I-485 was approved on Aug 5th, so far no cards received.
Also, i received SR (which i opened on 8/3) response 2 weeks back "saying my I-485 was approved and my application is waiting for bio-metrics for whichi will receive an ASC appointment later" so far i have not received bio-metrics appointment either.
I guess, i should wait for 30 days and take an info pass or open a SR.
Thanks
chintainfogc
Also, i received SR (which i opened on 8/3) response 2 weeks back "saying my I-485 was approved and my application is waiting for bio-metrics for whichi will receive an ASC appointment later" so far i have not received bio-metrics appointment either.
I guess, i should wait for 30 days and take an info pass or open a SR.
Thanks
chintainfogc
more...
njboy
10-03 02:39 PM
my head's spinning
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ajcates
03-18 01:28 PM
I don't at all like what it implies, but "Have you?" is rather beautifully designed. Got my vote.
What do you think it implies? I think what makes it so interesting is the fact that its a little controversial and actually makes you think.
It got my vote as well.
What do you think it implies? I think what makes it so interesting is the fact that its a little controversial and actually makes you think.
It got my vote as well.
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GC7279
05-30 10:18 PM
hi gcnirvana,
i was there in that situation. it was scary.
1. firstentry to usa i got i-94 until: nov 2002
2. extention i-797: nov 2002 to nov 2005. i sent for visastamping in usa june 2003 but mistakenly they gave visa until nov 2004. i went to india and came back to usa on mar 2004. at POE officer gave me I-94 until nov 2004 though my i-797 till nov 2005. i told to my company about my i-94 is expiring 1 year before than my i-797. they have half knowledge and they say it is fine since i have i-797 until nov 2005. i also felt that is reasonable and take it easy.
one fine day(april 2005) i was going through forum then i realised the most recent I-94 is valid than any other document but by the time i realised it, my I-94 expired on nov 2004. i called Murthy she said i am out status because my i-94 expired though my I-797 valid until nov 2005.
she suggested me to go to nearest POE and tell them they gave you wrong expire date and show them I-797.
I went to Minneapolis airport spoke to CBP officer he checked my i-797 and corrected my i I-94 to NOv 2005.
after that i got 2 more I-797s.
i suggest you to go nearest internation airport and contact CBP officer. tell them that they gave you wrong i-94 expire date and show new i-797
i was there in that situation. it was scary.
1. firstentry to usa i got i-94 until: nov 2002
2. extention i-797: nov 2002 to nov 2005. i sent for visastamping in usa june 2003 but mistakenly they gave visa until nov 2004. i went to india and came back to usa on mar 2004. at POE officer gave me I-94 until nov 2004 though my i-797 till nov 2005. i told to my company about my i-94 is expiring 1 year before than my i-797. they have half knowledge and they say it is fine since i have i-797 until nov 2005. i also felt that is reasonable and take it easy.
one fine day(april 2005) i was going through forum then i realised the most recent I-94 is valid than any other document but by the time i realised it, my I-94 expired on nov 2004. i called Murthy she said i am out status because my i-94 expired though my I-797 valid until nov 2005.
she suggested me to go to nearest POE and tell them they gave you wrong expire date and show them I-797.
I went to Minneapolis airport spoke to CBP officer he checked my i-797 and corrected my i I-94 to NOv 2005.
after that i got 2 more I-797s.
i suggest you to go nearest internation airport and contact CBP officer. tell them that they gave you wrong i-94 expire date and show new i-797
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Roger Binny
11-29 07:14 PM
Congrats...!!!
Time to change your handle to "EkAurGayaFromGCQ"....;)
njoy the freedom.
Time to change your handle to "EkAurGayaFromGCQ"....;)
njoy the freedom.
more...
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gceb1
03-20 11:51 AM
Jayant aka PD_Dec2002:
Can't believe you got suckered into this. "gceb1" is up to no good...spewing his frustration at you and lskreddy. He/she cannot justify his own posts to save his/her own butt.
I count you among the several "voices of reason and logic" in these forums since more-often-than-not you will do the research and provide appropriate links. So just ignore this "gceb1" idiot, and continue what you do. Ideally, everyone should ignore this "gceb1" idiot. :)
Please refrain in using abuisve language against anyone.....Just was making my point of view. Expressing views might hurt anyone but that does not you can thrash someone in public forums !!!!
Get help from 101 manners !!!!
Can't believe you got suckered into this. "gceb1" is up to no good...spewing his frustration at you and lskreddy. He/she cannot justify his own posts to save his/her own butt.
I count you among the several "voices of reason and logic" in these forums since more-often-than-not you will do the research and provide appropriate links. So just ignore this "gceb1" idiot, and continue what you do. Ideally, everyone should ignore this "gceb1" idiot. :)
Please refrain in using abuisve language against anyone.....Just was making my point of view. Expressing views might hurt anyone but that does not you can thrash someone in public forums !!!!
Get help from 101 manners !!!!
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virald
08-22 09:53 AM
It seems like except for one or two people here, individuals who have applied directly at TSC on 2nd July are getting their checks cashed/receipts this week.
It would be helpful to know if they are done with the transfer of 2nd July cases from NSC to TSC; if so, when and based on that, we can make some educated estimates.
Do you mean they would work on transfer cases first? My undrestanding is, it is based on the date received!:confused:
It would be helpful to know if they are done with the transfer of 2nd July cases from NSC to TSC; if so, when and based on that, we can make some educated estimates.
Do you mean they would work on transfer cases first? My undrestanding is, it is based on the date received!:confused:
more...
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Green.Tech
11-07 12:04 PM
That would be the way to go. I assume you will probably look at a career change or change the job responsibilities in the same field, which may be a factor for the prior GC going to the boondocks. If on the other hand, you intend to stay in the same field and similar job profile, then striking a deal with your employer (that you would come and join them after your MBA) would be a way to keep your current GC process going. A leave of absence in that case would be the way to go.
You will get jobs easily in Europe after an INSEAD MBA. Why bother about coming back to US, and getting in the GC queue again?
You will get jobs easily in Europe after an INSEAD MBA. Why bother about coming back to US, and getting in the GC queue again?
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ashkam
07-20 01:04 PM
Vaishu,
I have a question for you. I had lost my birth certificated and fortunately my father was visiting us so I get an affidavit signed by him. My mother is no more and my siblings are in India. Would there be a problem as I sent an affidavit in lieu of birth cert with just my father's signature? Please let me know.
Uncle or aunt's affidavit would have done as well. But you cannot send just one.
I have a question for you. I had lost my birth certificated and fortunately my father was visiting us so I get an affidavit signed by him. My mother is no more and my siblings are in India. Would there be a problem as I sent an affidavit in lieu of birth cert with just my father's signature? Please let me know.
Uncle or aunt's affidavit would have done as well. But you cannot send just one.
more...
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cygent
07-25 06:07 PM
Updated the list in the previous page Guys, if you want to take a look for those who care.
But here is something very interesting I just noticed from the list. A bunch of the approvals for July 2007 filers occurred during Jan-Feb 2008, but after that NOTHING!! I can only speculate that under some directive, they were ordered not to touch our cases after that timeframe. I *think* it was because they wanted to use up the EB2 visas, so they only worked on that moving forward, that's why ~ 80% of July-Aug EB2 140's have been processed so far.
But again I reiterate, many of us will see the silver lining & feel the sunshine this year, sometime in October, by the rays & grace of God. I must say, I have never felt this way before.
BTW There are also so many EAD/AP pending from 07/2007 as well, wonder why we are hearing grief over that?
But here is something very interesting I just noticed from the list. A bunch of the approvals for July 2007 filers occurred during Jan-Feb 2008, but after that NOTHING!! I can only speculate that under some directive, they were ordered not to touch our cases after that timeframe. I *think* it was because they wanted to use up the EB2 visas, so they only worked on that moving forward, that's why ~ 80% of July-Aug EB2 140's have been processed so far.
But again I reiterate, many of us will see the silver lining & feel the sunshine this year, sometime in October, by the rays & grace of God. I must say, I have never felt this way before.
BTW There are also so many EAD/AP pending from 07/2007 as well, wonder why we are hearing grief over that?
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GCOP
09-22 12:51 PM
Thanks for Good news. It seems like our phone calls and other efforts may have made this possible. We all know, it is far from over. But at least this good news gives us some hope that there is a chance that this bill can be passed this year.
GOOD NEWS
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
http://judiciary.house.gov/hearings/calendar.html
GOOD NEWS
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
http://judiciary.house.gov/hearings/calendar.html
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WAIT_FOR_EVER_GC
07-13 08:21 AM
Carl Shusterman says that State Department's Charles Oppenheimer indicating that there will big advances for EB2 China & India. Hopefully it is true
Immigration Attorneys, Schedule a Legal Consultation with Former INS Trial Attorney Carl Shusterman (http://www.shusterman.com/)
What happened to the big advances?
Immigration Attorneys, Schedule a Legal Consultation with Former INS Trial Attorney Carl Shusterman (http://www.shusterman.com/)
What happened to the big advances?
nrk
07-20 11:15 AM
Thansk Gaurav, I thought I as (One)
RNGC
04-04 02:55 PM
Guys,
You are doing a great job....keep up the good work.
You are doing a great job....keep up the good work.
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