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  • IAspire
    02-21 02:30 PM
    I am from India.





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  • Znan
    08-15 01:33 PM
    Dont know how to express my feeling but it made me laugh, you statement is absolutely true though sad, its like saying are kuch to kar, kam se kam sharam kar :)..... may be that USCIS guy takes a look at the case and feels ashamed that he approved so many with out an order and this one is pending since so long .....cynical me sorry ...

    I would say it is still a good sign as it tells that someone is at least looking at your case instead of your case being in a basement in a box.





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  • shined129
    07-19 09:36 PM
    Now that the immigration reform for undocumented workers has broken down, is there any way that we can lobby congress to turn their attention to the plight of the skilled worker? The mess created by DOS will result in the worse backlog ever and the longest wait for post June filers. Congress can at least take steps to resolve this by raising the cap for the employment based visas and making it possible for unused visas in previous years to roll over. I also hope that USCIS will increase the human resource base with their higher fees to accomodate the flurry of applications flying in now. How do we get congress to pay attention? Please let discuss this and act.





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  • ysramu
    03-27 10:21 PM
    You apply for H1 transfer before you join new company. Once u get the H1 receipt (2 weeks) then u can be in their payroll. Then file for AC21. If all goes well this is my plan in June 08.

    My question is my wife has her EAD expiring 10/10/2008, AP on 11/19/08. She wants to travel to india in May and return in november. is it ok if I change employer while she is in india, my concern is when she comes back in november her EAD is expired, will it affect our 485 status?



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  • BharatPremi
    12-05 03:25 PM
    http://www..com/discuss/485eb/63774255/





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  • shar533
    04-30 12:38 PM
    Gator, I wish I could answer that part.While I was doing research on AVR on this forum and other Google results, I think I did read somewhere that using AVR might affect adversly on AP application.
    You know, 1 thing I did b4 going out was to go on CBP official website, went to Ask a Question and asked my question. I got reply same day from an official Chris. I printed that question and answer page and took with me, just in case. But everything was fine.



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  • bobby
    04-18 05:23 PM
    My PD is now current and I'll be filing 5/1
    PD 5/03 EB3 ROW
    Thank goodness as I was honestly losing all hope after starting my 8th year in the US. Best wishes to big movements for others from India/China etc.





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  • blogger
    06-24 11:27 AM
    Can you share you're thoughts for my post?

    I recommend talking to a lawyer. Remember, that you (and your partner) are certifying and signing all forms. So, if you are legally married, it would be perjury to leave the "spouse" field as blank.

    Thanks,
    Jayant



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  • eb3_nepa
    02-12 02:16 PM
    Thanks for replying. Were the I-140s EB2 or EB3? Coz i have seen a LOT of EB2s taking significantly more time than Eb3.

    For eg. I filed for labour in Jan and it already got approved thru PERM coz it was EB3. a couple of my friends have filed in EB2 aand have waited significantly longer.





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  • Sri_
    11-12 03:47 PM
    My checks cashed on 10/2, I was able to get the receipt numbers from back of the check. Lawyer/myself did not receive any physical notice. I opened a SR last week and waiting.... :(

    wandmaker,
    Please share if you have any progress on your SR or receiving the receipts. I am trying to call USCIS to check the status on the SR, but could not reach them. Now they have a dummy menu system, which keeps on looping when you select the option for receipts not received.

    Thanks.



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  • eb3retro
    02-04 10:35 PM
    I know about the "same or similar" clause in AC21. How many of you have got a RFE/Problems based on just this clause alone ?

    Also, If you filed labor 3 years ago for software programmer, in 3 years, you could have become a system analyst, DBA or system Architect etc etc, So, how does "same or similar" matter here ?

    Also, It will be helpful if we have a forum category "AC21", Admin, please consider this.

    Thanks for all your inputs.

    i filed my labor 7 years ago as a programmer, today i am a project manager. I have changed job using ac21 twice, did not inform uscis even once (as its not reqd by law). I am in eb3 india and I have no hopes that uscis will ever get to my application, and even if they did after 5 years from now, I dont care if they issue an RFE and deny my 485 all together. Point I am trying to say is , you cannot spoil your career waiting for this. I changed my job exactly on 6 months and one day after i filed 485. past 2 years i am a PM. I am pretty confident that I would have had atleast 5 years PM experience by the time they reach my application or even more time. After all I want to go back to my home country pretty soon and so did not want to care about all this job title, description etc crap..this is just me..use your own instincts.





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  • morchu
    05-05 04:31 PM
    No reason to deny your 7th year H1 extension based on the fact that it is for a different role. It DOESNT have to be "same or similar" for this case.

    But the "same or similar" comes into picture for your 485 approval. Well........ at that time ... if the original LC position is still available for you permanently, no issues.


    Hi Guys,
    Here is my situation:
    - Labor & I 140 cleared: PD Jan 07 EB2
    - Currently working on 6th year H1B, lawyer is asking me to extend the H1B visa for another 3 years since the I-140 has cleared.

    - Changed my job title from a project engineer to a lead engineer 180 days after filing I485 ( with lawyer consent).
    - Now offered a manager role with in the same organization hence accepted the offer without notifying the lawyer.

    - Lawyer will ask me to file for a H1b extension in July/Aug time frame do you believe this might create a huge issue due to change in the role from an engineer to a manager (still within the engineering organization though)?

    Would really appreciate your inputs and comments to this, is there anything on the USICS website that clarifies this.

    Thanks
    Amit



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  • ramaonline
    06-12 07:46 PM
    Can I change the employer after I get my 3 year extension on H1 ?

    The 3 year extension of h1 also allows portability - so emp change is ok.

    2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?

    Yes - gc is a future job offer - ur previous 140 can be used for h1 status extensions

    3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?
    Yes - once u have an approved 140 ur pd can be ported to any new gc applications

    4) I heard Gc process should be filed before expiry of 5th yr on H1 b, if i change my employer can i file for GC process in 6th yr and get furthur extension ?

    there is no such requirement - i guess ur asking if u start the gc thru new emp in 6th year can u get extn? in this case u can use the old 140 approval and request 3 year extn, or if u get the new approval use that instead





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  • wandmaker
    03-18 11:22 AM
    I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.

    I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.

    I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?

    Any ideas?

    Please update your profile w/ correct information.



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  • masterji
    07-03 07:16 PM
    If you lived more than 6 months outside of India, you can choose any consulate.
    Disclaimer: Not a legal advice
    If you are a resident of Karnataka, TN, AP or Kerala, you need to schedule an appointment with Chennai consulate. With regards to PIMS, I guess consulates wll ask for this info. well in advance once you schedule the appointment. I got my VISA stamped from Chennai cosnulate during my visit in Feb and received my passport in 3 days. My wife who is in India now got her VISA stamped last month and the stamped passport was returned in 2 days. I don't think you need to worry too much about PIMS since the system is more streamlined now.

    -MN





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  • ghost
    07-18 06:04 PM
    I wonder when illegal can demonstrate, why can't we unite and organize some demonstartions to explain our frustrations and demands.

    A lot of discussion happened on this topic in the past and the general consensus was that it will boomerang on us. We should not be demonstrating/protesting/demanding.

    Welcome to the world of white collar politics.:)



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  • beautifulMind
    07-17 11:14 AM
    You are in same situation as me as long your job duties for the new position are 50% different from old position you should be ok





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  • desi3933
    02-23 03:23 PM
    If you work for sponsoring employer, your H1B is still valid, eventhough you enter with AP.


    This is grey area and the interpretation can change any time. Please note that entering on AP is not same as entering with visa stamp.


    _________________
    Not a legal advice





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  • nousername
    09-14 07:26 PM
    Thanks for sharing your experience.. BTW, were you using your AP for the first time? I have heard that while traveling on AP you need to go through secondary screen, which takes time. Is that true?





    gcgreen
    07-17 03:59 PM
    165/hr is peanuts man. lawyers are EXPENSIVE. period.

    Isn't $165/hour a steep rate?





    redgreen
    11-12 11:09 AM
    This is simply called pure selfishness.


    The problem he is talking about is not a widespread one and never heard of, other than may be for one or two people in this forum (one may be nk2006; sorry that it happened to you).

    Even if it had happened to one or two exceptional cases, it can be rectified as it is a simple error from the part of USCIS. This is not a major thing to waste IV resources. This is not a serious immigration issue.

    The way nk2006 misused IV resources for such a simple personal issue is unpardonable .

    Knowing that there are such people among 'highly educated' is disheartening.



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