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10-02 01:53 PM

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I added two more stamps - check top.

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a_yaja

10-07 02:53 PM

Thanks for you reply.

My only conern is about I-94. When ever we renew the h1b we get new I-94 but in this instance my I94 got expired do i need to get new I94? if yes how can I get?

You don't need a new I-94. Since you have filed your I-485 petition, as InTheMoment said, you are in a "Period of Stay Authorized by the Secretary of Homeland Security". You do need an AP though if you intend to travel outside the country and enter the US (assuming that you do not file for a new H1). If you travel outside the US without an AP and without an approved H1B, then your AOS application would be deemed to have been abandoned.

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crystal

07-07 10:34 PM

We already have two threads running on top for this . So more ppl can be informed... Its not spamming.. ;)

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GoneSouth

04-12 08:05 AM

Yes, you should have applied in 1999, before the labor and visa backlogs. ;) (I kid - above posters are correct, you *may* have enough time if you can get PERM and I-140 done very quickly, then apply for three year ext.)

- GS

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shaileshkaria2525@hotmail

12-15 10:48 PM

Hi All,
Can some one advice whether I can qualify for EB-2 Category?

I am a Chartered Accountant from India with 10 years of Post Qualification Experience.

I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.

I do not have any other master degree like M. Com / M.Sc etc.

Would I qualify for EB-2 Category ?

Regards
I am a Chartered Accountant myself with a B. Com and a three year law degree and over 15 years experience but despite a clear reference in the transcript that the CA degree is equivalent to a master's degree and one would qualify to enroll for PHD with a CA degree, my lawyer advised against filing in EB2 and so my GC process is under EB3 category. I also had the evaluation stating that the Chartered Accountancy degree is equivalent to a master's degree.

I would strongly recommend that you should consider filing in EB2 category. But the lawyer has to be comfortable with the filing and theirs must be a reputed law firm as it carries tremendous weight.

But, unfortunately whether you file in EB2 or EB3 it's gonna be a long long wait!!!

Good luck!

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ajain

05-28 06:30 PM

Without a job offer from a national lab, it makes it hard to say why I want to skip the labor certification. Companies that need work of national interest now first ask for a green card before they give a job offer in a chicken and egg game. That I am nearing the end of 6-ye H1B may not be good enough reason to bypass labor. The most reasonable argument I can think of is that my stopping work will harm US national interests and no one else can do that work because I am special. What do you think?

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newyorker123

12-22 03:42 PM

Anyone please advice if I need to get verified the PIMS check before my h1 visa interview at Kolkata, I have an appointment on 1st week of Jan2011.

Please share if anyone has any idea one this

Thanks
-MK



check with your attorney whether they checked the option of upon approval of I-129 petition send a copy to KCC (kentucky consular center), if they did you are safe. To my understanding Electronic copy of your I-797 is visible to all cousulates thru a copy at KCC.

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Pineapple

07-18 10:26 AM

Really makes me feel awful when I come across someone who is waiting since 2001 for labor.. This system is seriously broken.. I myself had to wait for over three years to get my labor, and I know how frustrating it is.. I have two friends with priority date older than mine, and they are still stuck in labor. Very depressing. I wish and hope the *&$%!*#@ at Philly and Dallas get their act together and there is a flurry of labor approvals in the next few weeks..

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InTheMoment

08-02 11:00 PM

Tina,

...and where did you hear this untrue fact that with an Indian PP and US GC you can travel without a visa to "any country"!!

You have an Indian PP that is the main decisive factor whether you are eligible for visa free/visa on arrival travel for 99% of the countries. (Canada, Mexico and some carribean islands being the ONLY exception. Switzerland had visa free travel till late last year when they changed to Schengen so now you need a visa there too!).



For almost all countries your country of citizenship matters, your GC status has NO bearing.


Got it ?

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addsf345

01-08 02:07 PM

Sree, even I have travelled using AP last year. My lawyer told me that it should not be problem for H1B transfer. I have not used EAD to work though.

My question is, do I need to provide copy of approved I-140 with my new h1b transfer request to get 3 years ext? I've already completed 5 years on h1b.

any one?

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Eb3_frustrated

07-24 03:55 PM

I dont mean to offend you but ability to file I-485 when the numbers have retrogressed is all it take to alleviate a majority of our problems, that is in the agenda and SKIL bill currently in house and approved by senate in CIR.

So if SKIL bill gets passed we should be fine, but when is a big question ???

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tabletpc

08-20 02:30 PM

Thanks a lot for response guys...

Looks like i forgot to mention few of my own contraints...

I do not want to use EAD as i am single and don't want to jeoperdise my spouse visa by loosing my H1b status. So only option for me now is H1b.

My only concern is what if i lose some pay checks and jeoperdise my immigration history. 90% of my frinds who work with consultant are out of job/looking job..etc. All these makes bit pessimistic....!!!!

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lord_labaku

08-14 06:19 PM

I am sure people from 2001-2006 EB2/EB3 who are still waiting are jealous of your situation even though you feel like you are in a big mess ( might have contributed to a red dot)

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gcpadmavyuh

10-07 11:08 PM

Hi Parimmigv:

Applying for 485 does not affect your H1/H4 status, as these visas are dual intent.

If your H1 is approved, your H4 status will cease to exist from the date of H1 validity (I'm guessing, Oct 1st for you). So, officially from that date, you are on H1.

If you have applied for 485 recently, you are also eligible for EAD which authorizes you to take up "ANY" job of your choice in the US.

485 iteslf is a separate status called the adjustee or parolee status.

Now to your questions:

1. what status am I on right now ?
Since your H1 is approved, effective Oct 1st you are on H1 status. Since you applied for 485 recently you are also on the parolee status. Typically to come out clean of the H1 status, one uses their EAD to work. Then the H1 status is invalidated. To do this, just fill out a new I9 form with your employer showing EAD as the basis of authorization to work.

2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.

No,this is not true. You need not have your H1 stamped to be on H1 status. Your H1 picks up on Oct1st if your 797 went through.

3. How to move to EAD as I don't want to pay payroll fees ?.
Need to fill out a new I9 form with your employer indicating your EAD as the form of authorization to work.

BTW, I gathered that you have'nt received your EAD yet and you may not be in a position to produce it as proof of auth for work for a new I-9. I personally think you dont need to worry about not getting paid from Oct 1st through the day of your EAD approval, as you can claim to be on 485 parolee status during this period and not H1. Please check with a qualified
attorney. I'm 99.99% sure of this.

good luck!
Hello:
Can some please help me here ?.

Iam on H4 and I applied for H1 through a consulting company and got it approved last month. I haven't got my I797 form yet.

I have applied for EAD through my husband's company. I think EAD may take few more months to get approved. My questions are:-

1. what status am I on right now ?
2. Is it true that only after getting H1 visa stamp I will be moving to H1 visa ?.
3. How to move to EAD as I don't want to pay payroll fees ?.

Thanks,

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gc_chahiye

10-26 03:43 PM

My Lawyer is saying that we cannot apply for AP without a valid reason and a valid paper such as someone is sick or wedding with a proof.

Is this true?

Thanks,

PD Feb 2004 - EB3 - India
I140 Approved - May 2007
EAD Approved - Oct 3
EAD recd Oct 10
H1B Status Valid - 2010.

I had the same concerns on reading the instructions on the I-131 pplication form for the AP.

On page 2:

"Advance parole is an extraordinary measure used sparingly to bring an otherwise inadmissible alien to the United States or a temporary period of time due to a compelling emergency."

And later on page 4 section III B 1 they go on to say:

You may apply if you have an adjustment of status application pending and you seek to travel abroad for emergent personal or bona fide business reasons


However on confirming with my lawyer this is not really enforced by USCIS. You can request an AP without submitting proofs of personal emergency or a bonafide business reason, and USCIS will grant you an AP.

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istrategist

01-26 04:07 AM

EB3-I, PD Nov 2002, 485 filed 2004. Have EAD and also have approved H1 (year 9 -12), but not stamped on passport. With about 7000 people ahead of me, wait time for my GC is estimated to be 2-3 years.

Have been with employer who filed GC for over 10 years now. There is a job opportunity with another employer, but the job description may be different from what was filed on my original GC. Pay will be similar, but travel will substantially reduced, allowing me to be home more.

What should I be careful of if pursuing this new opportunity? Is there anything I should be asking the new employer for related to the job description filing? Should I be asking them to file H1 transfer or use my EAD? Should I ask them to file EB2-I and port my PD over?

Thanks - just want to make sure I am not jeopardizing my 10 year wait for this opportunity.

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gk_2000

08-03 09:50 PM

Let me try to make a humble suggestion here - why don't you try writing a really short and direct letter, so that even the laziest guy cannot help but read it?

For example:

Respected Mr. Senator

I would like to draw your attention to the bill <blah blah> which is very important from the point of view of people waiting in line to be legal immigrants

I wish that you lend your valuable support to this bill as it will help eliminate the backlogs and delays in issuing green cards to people from retrogressed countries like myself. This is essential to ensure that all people are treated equally irrespective of their country of birth

...
Even if he reads just the first para it will be clear who we are and what we want..

Or call them up if possible

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alparsons

November 17th, 2004, 06:28 PM

It's a bit of a guess without seeing the images, however when the light source i.e. a lamp, or a window is in the picture area it forces the camera to average its brightness into the exposure calculation. The result = dark pictures. I remember way back when when I was just getting started I had no Idea how dark it realy was when I started shooting indoors. Uping the sensitivity As previosly described is most likely necessary. (either that or a tripod, and neck clamps for your subjects as was done in the days of tintypes.) You might also consider bouncing a flash off of a white ceiling or wall to soften the light and avoid the harsh lighting you have learned to dislike.

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neerajkandhari

11-14 03:04 PM

I saw two lud on my i-485(yesterday and today) What does that mean?
I have completed my biometrics, received EAD and approval notice for AP has been sent.

Can somebody clarify on this please??

what is ur PD

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