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  • pathiren
    03-29 07:56 PM
    Chanduv,

    I am sorry, but as far as I have known IV, IV has never exclusively or inclusively worked on student OPT/H1, but it is a coincidence that increase in student OPT might be a fallout of some of IV's actions. I dont see any point of asking students to join IV solely on this basis (OPT or H1 increase). Though, having graduated as a student in US, I totally agree to the point of asking students to join stating that GC is the final step in achieving their American Dream, where IV can make considerable impact.

    I think the administrators should particulary keep a close watch on such posts related to OPT/H1 issues. These posts might be incorrectly interpreted and lead to deviatons from IV's cores agenda issues as well as division of resources. Unless, IV administrators are seriously thinking of changing their ideology and are willing to walk this path.

    Nevertheless, I will keep on supporting IV with all my possible efforts. Cheers and Go IV!

    HP





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  • need4gc
    08-15 12:11 PM
    Sent on 07/02, reached on 07/03. Notice date is 08/13. Checks were encashed on 08/14. :):)

    140 was approved from Nebraska.

    Good luck to all of you. You will get it soon.





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  • kevnss
    03-18 03:06 PM
    Yesterday I went to SSN Administration office to apply SSN for my wife to get the tax rebate, you definitely need EAD if that person doesn't have work permit. So it automatically changes the status from H4 to EAD. I have also confirmed this the officer about the status, he confirmed that the status will automatically changed to EAD. So H4 no longer exists for spouse if the spouse carried H4 earlier. Hope this will answers your question. Regarding the tax rebate, you have to have SSN to qualify, so that's the main reason I went to SSN administration office for my wife.





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  • Raj2006
    06-03 04:48 PM
    My EAD case is pending at California service center. Please reply here to get an idea about their processing time.

    please share your EAD renewal experience if you have application with WAC ( pending at California Service Center).

    here is my information:

    paper based filing on apr 27th 2010
    notice date may 3 2010
    got receipts on may 7 2010
    in initial review status.

    thank you very much.



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  • Amma
    10-09 05:38 PM
    I am in.





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  • peer123
    04-03 08:00 PM
    I am sorry m friend, I can understand, if I can console you in any way, I lost couple of offers like this already, I have confirmed with my potential employer he seem to understand the process about EAD and said it should just work fine.
    hopefully it will work out...



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  • illusions
    08-31 12:06 PM
    Prashant --- lol now that's scientific :D

    prince_waiting: I couldn't agree with you more. Rather than fixing the problem this poll covers up the harsh truth that most American's are not upto the jobs that it's own society demands. Most people think that H1B candidates are brought in as cheap labor. Which is not the case, we all know that we get paid the same as any American in the same field, if not higher.

    Mr. Dobbs has shot himself in the foot, yet once again.





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  • pal351
    01-05 11:31 AM
    Hi Chris,

    I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.

    Thanks in advance

    What do you mean by " expedite my petion by calling to customercare." on what basis they did for you? can please elobarate it bit more.

    Thanks,
    -Pal.



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  • ashwinicool67
    04-27 07:18 PM
    Hello,

    I have been on H1 for last 3 years and had applied for 485 last july as dependant for my spouse's AOS. My spouse is primary applicant for 485. I have my EAD also. I am worried that I may get RFE if I file for an H1 extension. If I am not able to respond to RFE and my H1 extension gets denied will this affect my I-485 in anyway. I am wondering whether or not to apply for H1 extension and just use my EAD.





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  • Dipika
    11-03 01:21 PM
    i have not done visa extention for my mother in law, but i had asked lawyer about it when last year my mother in law was here.
    Lawyer said it's possible to get extention. and they need traveler's check of $5K on my mother in law name to send for extention, which proves she has enough money to stay and travel further in USA.
    i had not followed it, but this time i'm going to do it when my in laws visit again.
    I would say it would be batter to go through lawyer as they have different tricks to get it faster and easily.



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  • fromnaija
    09-22 05:55 PM
    Is it possible to include "allow filing 485" if labor has been pending for 2+ years?

    Its not just people who have labor approved and are waiting for PD to be current. In fact there are a lot of ppl who are waiting for labor for 4+ years.

    I think its perfectly doable. If its ok to ask for ability to file 485 without PD being current, I think its ok to ask for ability to file 485 while labor is pending.

    But I guess we have gone thru this a dozen times and it doesn't appear that the plight of ppl stuck in PBEC is on IV agenda.

    I don't think that would be okay as you would then be jumping the hoop of I-140. I think we should just stay with the modest request of "filing 485" without visa number availability.





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  • kumar1
    12-13 04:17 PM
    On top of that, companies that come for campus placement - they will put a big board for you -"Only US citizens and Green Card holders apply". I have friends who spent 50-60 K on MBA degree and they are doing software development job (They were developers even before doing MBA and they wanted to get out of it). Think about their investment - 2 years of MBA tution fee ~ 60 K + 2 years of wage loss ~ 160 K. After investing 220K if someone tell you to go and get Green Card first, dude believe me that ain't gonna feel good. Someone please give me few green dots, I have lost hope for my green card....for the time being red dots are good.
    My 2 cents.



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  • EndlessWait
    12-13 02:55 PM
    its a "carrot dangling" technique used by the immigration system here to make u "modern day slave" to get things done....they will take ur SS taxes and make u wait until you realize and give up and go back

    i really wish the reality of this immigration was known to me when I came..I wasted my career waiting in this GC wait.... :mad:





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  • jatinr
    08-17 10:12 PM
    And you will there with your friend...//wink.. correct.

    USCIS will accept any applicaiton filed at a wrong service center uptil Aug 29th. If an applicant has not filed a form as per the direct filing instructions that became effective July 30th, still USCIS will accept any application filed at wrong locaiton as per their press release for direct filing that came sometime in June.



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  • alterego
    03-13 12:27 AM
    Congrats.

    Apparently TSC is having some difficulty with their online system. My lawyer told me this this week.





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  • ikass
    05-29 08:18 AM
    Hello IV members and leadership team,

    I applaud you all for your time and effort in addressing issues that concern our eligibility to work legally and mutually benefit from this country. As we strive to get CIR passed, which has been elusive for years and still struggling at various levels, I was wondering why can`t we work to get small wins. I would like to mention four known ideas that we can push forward and that I believe can be accomplished via small amendments:

    1) Temporarily remove Per country quota for Employment -Based Green Card
    2) Do not count dependents towards numerical visa count
    3) Issue EAD to candidates who have I-140 approved and renew it until Green Card number becomes available.
    4) Do not tie EAD to specific company or wait six months in a position to change jobs

    This four things can have a quick impact and give us all a temporary relief.

    We can try and build advocacy effort to get this done. Especially for the June 7th and 8th advocacy days.

    "SMALL CHANGE BIG IMPACT"

    Thanks,
    Giri



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  • meyshimmi
    02-09 11:07 PM
    Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).

    So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )

    Hi bkn96!!! That was a long time to wait for an MTR... Did they ever refund you for the wrongful denial??? =)





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  • Nil
    07-21 09:50 AM
    Very Potent topic.
    During the downturn, company decided to dissolve local satellite office and have everyone in the region work from home.
    DOL audited labor application asking 'why home and work addresses are the same: is the candidate related to employer?'
    Go figure.
    Lawyer mentioned there is no provision on the labor app form to indicate 'home office'. Also, in this case, where to do the labor for - the region where the professional is living or the main office (opposite coasts in my case) is unclear.
    If the residing city is tested for labor, which is rational, how do you ensure 'the ad must be displayed at the workplace'?
    What if DOL denies application due to lack of clarity on such issues?

    IV leadership pls comment as possible.....





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  • maverick13
    04-19 07:18 PM
    My H1B was filed with job title "RF Engineer" which comes under "Electrical Engineering" in 2004. My first 3-year term on H1 expires this year end and employer needs to file for renewal for next 3-year term.

    My LC as well as 140 were applied and are approved for the position of "Electronics Engineer" which is my current position.

    Essentially Electronics Engineer position is a superset of RF Engineer/Electrical Engineer positions, job duties are pretty much the same.

    So now when I apply for my H1B renewal/extension does employer have to write the current position (Electronics engr) or the position on which H1B was filed first (RF engr)?

    Any inputs appeciated...





    martinvisalaw
    11-25 01:10 PM
    I can't really answer your question without more details, but here are some factors to consider:

    1. You can adjust status using a section of the Immigration and Nationality Act (INA) called 245k if you did not violate status for more than 180 days between your last lawful entry to the US and filing the 485. If you were in lawful status when the 485 was filed, or hadn't violated it for over 180 days, you may be OK.

    2. You cannot stay in status by "piggybacking" one filing on another pending filing. Therefore, if your H-1B status #1 expired, #2 was pending and meanwhile your employer filed H-1B #3, the #3 does not keep you in status.

    I hope this helps.





    abhijitp
    06-21 02:48 PM
    Also : 140 gets rejected in following cases:

    1. Degree compatability
    2. Exp + degree in EB2
    3. Financial ability of firm - this only with bad records

    i dont see any other reason why 140 should be rejected i am not over optimistic but any one can comment on these it would great.

    BigBoy, it can get an RFE bcos of insufficient evidence to support "EB-2". A rejection can also happen for trivial reasons e.g. my labor cert was first rejected for a typo (incorrect date), and we had to re-file a week later.

    I spoke to my attorney/HR and they are ok to premium process my first I-140 (which is categorized incorrectly as EB-3 by the paralegal, although the covering letter for that I-140 clearly says EB-2.)

    But my Successor in interest application cannot be premium processed as the original labor app was attached to the first I-140. Apparently there is a rule you can only premium process an I-140 which has the original labor cert attached.

    When I asked my attorney if USCIS will return the original labor cert at the end of the first I-140 decision, she said NO, it is not returned!! Is this true? I was hoping to at least get hold of that original labor cert, so that if the I-140 is somehow rejected then I could use the original labor cert to file a new I-140 successor in interest application under premium processing.

    Comments/suggestions welcome.

    Thanks!
    Abhijit



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