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  • pappu
    09-05 06:08 PM
    There is already a big thread (IV spotlight sticky) on this topic. You should get all info from there. Could you try searching else someone else on the forum can help post the link. That should answer all your questions.




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  • maverick_joe
    05-07 01:14 PM
    its not mandatory to work while on EAD but did you do a job on EAD at any point of time to get out of H1 status?

    How long can one stay unemployed on EAD? my pd is Nov2005 EB-2
    I got laid-off on Monday I was on H1-b. The employer has notified USICS to withdraw the H1-B. But will not be revoking any GC related stuff. Was on H1-b Laid off 485 pending 180days+ have EAD :(
    Your responses will be really appreciated.ASAP




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  • Canadianindian
    04-15 08:11 PM
    I agree with the thought that with the critical mass of 10,000 and growing ppl, it is a matter of time when such political organizations contact us for support in terms of both:

    1) Our ability to influence our fellow Indian American Citizens (relatives) to support an organization
    2) Our ability to generate monetary support.

    However, rather than such organizations approaching us, we have to be proactive in making these political organization aware of our ability to contribute. Our strenght in numbers, and our ability to influence and support has to be evident and communicated. The NY/NJ chapter is making some effort to contact our senators/congressman, but it has fallen to deaf ears.

    My question is that can a senior member of IV team approach these policital parties, just like other Indian groups are approaching, and showcase our strength (support and money).

    Also, are there any IV offical letter heads that can be used while faxing meeting requests to political parties.




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  • Rakson
    03-01 12:25 PM
    Another front to think about :

    Recently I have heard that when the company publishes advertisement for the labor when filling for fresh PERM, every time there is a response coming back because of the higher rate of unemployment in the market. The issue is, if any response comes back then the company cannot proceed with the labor and new GC process gets hung.

    So, to be on safer side just check on ur skill set before resigning the current job as it should not be readily available in the market.


    You have added important point for consideration. Thanks!



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  • GCBy3000
    04-15 06:35 PM
    I have been in this situation but my work location changed more than 100miles within the same state. My attorney asked me to start another labor.

    1. If you think that you will move back one the 485 is adjucated, then you dont have to worry. OTherwise, you have file a new labor. Atleast you are safe since your 140 is approved. You can port your PD.

    2. If it is within few miles then it should not affect. Still you have to check with your attorney. Few miles sometimes puts you in different couty or state or even in different country. So the term "Few Miles" is relative one and it is better to check with attorney.




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  • tnite
    07-30 02:19 PM
    I wouldnt be surprised if this thread is referenced by numbersusa and alipac.us as " H1B's using anchor babies to get Green cards"

    They did have it in their fax campaign but removed it.



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  • kerstbrd
    08-31 12:53 PM
    maybe I should register another country, declare war on your's, and then all your citizens can apply for refugee/asylum.




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  • pappu
    04-19 11:06 AM
    Janakp, you are now probably on their crosshairs. Their members on our site will hate you for spying!!:D



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  • njboy
    09-25 05:27 PM
    venky is right..find out why it was rejected..im sure an rfe was requested..right? did you finish your MS by april?
    however, venky, your suggestions are not very sound..did you hear that that h1 quota is over? how can his future employer file for him? he can only start working oct 08 earliest




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  • priderock
    03-27 09:55 AM
    It is truly amazing how people give advise on legally sensitive issues without verifying the facts. People go to the lengths of suggesting work off the books in an open forum (Admin was right to cut him/her off right away).

    It is always good idea to consult a lawyer on these matters. You may be breaking the law unwittingly.

    AFAIK (I am not a lawyer, consult a lawyer) , you can't work even for free if that job is NOT usually done for free. For example you can't work as a developer for a software development company for free.You may call it volunteer work but it has to be truly volunteer work, meaning others also do this work as volunteers.



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  • pinoyInDC
    06-25 03:12 PM
    The reason for rushing the application is that it could retrogress midway during the month of July. It may seem unlikely but you never know. That's one reason to file it as early as possible.

    But i did not know the attorney would like to file it in June for me. I just wanted to find out if anyone's sent it early and received receipt.


    It doesn't matter if it retrogress midway during the month of July, USCIS must accept ALL otherwise eligible I485s filed by July 31. While Priority Dates could retrogress say in August, USCIS will adjudicate I-485 applications that were filed prior to retrogression only if the individual�s Priority Date is current at the time they review it. For example, if your Priority Date is EB-3 06/01/2006 and the August 2007 Visa Bulletin retrogresses that category�s date to 04/02/2006, USCIS will continue to hold your pending I-485 but will not process it until your 06/01/2006 Priority Date becomes current again. Therefore, one�s Priority Date (the date the Labor Certification Application was filed) will likely again supercede the filing date of the I-485. While it is important to file the I-485 by July 31, it is probable that no advantage will be gained on the basis of one having been filed earlier than another.




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  • jambapamba
    07-19 07:48 AM
    NO

    1. W2's/TAX statements are NOT REQUIRED for employment based 485's. Some Attorneys may send them along to play it safe.

    2. Affidavits of support for employment based 485's are NOT REQUIRED at all.



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  • japs19
    02-25 02:54 PM
    My case was transferred to local office of Los Angeles, CA. I received a note saying on Dec 7th it was transferred to expedite the processing and they (LA office) will let me know when decision is made.
    Current processing date for I-485 is August 19th. Does that mean that when they reach Dec 7th they will process my case regardless of my PD(which is June 05)?




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  • jessie1981
    07-13 04:40 PM
    how many ppl are gonna be there? It must be very hot wearing a suit.



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  • Rb_newsletter
    04-29 07:59 PM
    This is another fake story and push to try to get Congress to do something about easing immigration. 150K entrepreneurs have returned home. Really? I have not seen more than 100 Indian+Chinese NEW companies - worth their name - come up in the last at least 10 years. And about 5000 US firms that are making waves have come up in the US, 90% of which are started by born-Americans.
    Moral: those that returned home were not entrepreneurs!


    "Entrepreneurs" doesn't mean to start a new company. they can just start a new business unit inside a big corporate. For example the google-maps is a new venture inside google. The guy who initiated the google-map idea is an entrepreneur.

    Sometime 2 or 3 people join together and venture into one thing.

    And there is a saying "95% of the businesses fail". So one cannot see all the companies started.




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  • bluez25
    07-15 01:41 PM
    Clicked on Immigration visa's and then appointments and you can find all months schedule there.... where I found for August too..



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  • chanduv23
    06-30 07:59 AM
    Chanduv23,

    What about RFE without being current? Can it also be taken as Pre-adjudicated? Pls advise.

    Thank you

    Yes, RFEs could be a part of preadjudication. But at times people do receive random RFEs too. If you are lucky, you can get the answer from a officer on whether your case is preadjudicated or not.




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  • logiclife
    12-04 11:59 AM
    I'm with you, why is everyone so afraid?
    God knows there would be enough people for a class action lawsuit against DOL.

    My congressman called DOL and they said my case had been withdrawn: but it had been withdrawn b/c of THEIR errors, TWICE!
    Both times it was reinstated and proved to be their error, and they are still using it as an excuse for not processing it yet.
    And I thought "developed" countries worked differently than "developing" countries.

    If IV has enough people interested I would certainly be interested to participate in a CA suit against DOL. I am losing hope that diplomacy will bring any results for us to be helpful.
    USCIS only works faster when there have been mandamus suits filed against them, unfortunately no one seems to have done anything with DOL. Maybe it's time

    For the lawsuit.

    This isnt the first time people have thought that lawsuit against DOL is a good idea.

    That is not true. Nothing will be gained from the lawsuit. There have been lawsuits against DOL before for exactly the ineffciency and slowness. Those lawsuits have failed. They will fail again. Being inefficient is not against the law. See the IV document on DOL- backlogs here :

    http://immigrationvoice.org/index.php?option=com_content&task=view&id=67&Itemid=50

    Also, read about the lawsuit Liberty Fund v. Chao and judge's opinion on that lawsuit.

    And BTW, earlier this year, there were few people on immigration portal collecting money for lawsuit against DOL. I dont know how far it went.




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  • knowDOL
    04-24 11:05 AM
    Looks like this rule may not come into effect for fiscal year 2006 ie 30th september 2006. lookat todays immigration-law post.




    vallabhu
    01-31 04:57 PM
    Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.



    If you have more than three years of experience before applying for Labor you are fine else you might get a query and if you answer with education evaluation proving that your study and exp is equivalent to 4 year bachelor you will b fine.




    hello
    11-29 01:52 PM
    Source The OH law firm

    The Oh Law Firm (http://www.immigration-law.com/)


    10/14/2010: USCIS Pre-Registration Requirement Rule-Making Agenda in Nonimmigrant and Immigrant Proceedings - How Soon?

    The USCIS has been pushing proposals to change procedures of filing of nonimmigrant petitions as well as I-485 applications for sometime. The agency placed these proposals on its agenda this year and surely enough, it has initiated the first part of its agenda in its rule-making vault. The agency drafted and has been seeking the OMB approval for proposed regulation to require pre-registration of the H-1B petitions, apparently as part of its business transformation transition program. It appears that the proposed pre-registration requirement in the H-1B petition process may not bring a drastic impact on the H-1B petitioning employers and the alien beneficiaries. However, its agenda for requiring I-485 applicants to pre-register their intents to file I-485 applications regardless of the visa number availability in the Visa Bulletin will have a significant impact on the immigrants because the proposed rule would discontinue the concurrent filing process for employment-based adjustment of status applicants and would require that an alien seeking to immigrate based upon a classification that is subject to numerical limitations must be the beneficiary of an approved immigrant petition prior to proceeding through a revised adjustment of status process. In plain language, it means that it would terminate the current I-140 and I-485 concurrent filing procedure. The agency justification was to streamline the overall I-485 process and to mitigate visa retrogression through improved estimation of immigrant visa availability. This proposal is still in the vault of the USCIS rule-making agenda with the initial estimation of the proposed rule initiation action in October 2010. We have no information as to whether or not the agency will keep this schedule or will rather turn it over to FY 2011. Whether it initiates sooner or later, it will not have an immediate impact on the foreign workers seeking a green card as the rule-making process will drag into months to come in year 2011. But this is something one has to keep an eye on the development of the USCIS schedules of changes in application procedures. For the reasons, this site will closely monitor the agency's movement from here on. Please stay tuned to this web site for the development of this news.

    Any news on this?Will they give EAD?



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