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  • Dhundhun
    10-19 09:27 PM
    #1. When AP is applied, you need to mention duration. I doubt any one mentions duration as six months or one year. Usually people mention time is weeks or a month.
    #2. When AP is applied, you need to mention reason. No primary I1485 applicant says to be "When I'll be out of job".

    Whenever IOs feels that there is no voilation of duration/reason and intent of AP being used for emergency (family) and business purpose, they don't harass.

    Refer to http://www.uscis.gov/files/form/I-131instr.pdf, page 3. Even if AP is applied for "Employment Based AOS Pending", clearly it mentions that "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".

    So USCIS has clearly mandated the use of AOS pending AP, it simple. We interpret as per out convenience and IOs interpret as per guidelines they have.

    We can always say going to home country in case of loss of job to cut down expenses is an "emergent personal reason". How many IOs agree with that? But we have examples of dependants going for studies for several months and still return on AP was not an issue.





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  • Antonio Trivelin
    September 1st, 2006, 03:16 PM
    Just for fun :)

    http://img160.imageshack.us/img160/1209/engenhohdr800shpassin2copytx8.jpg (http://imageshack.us)

    http://img67.imageshack.us/img67/5198/engenho2hdrshp800copyfp3.jpg (http://imageshack.us)


    :p

    Comments are always wellcome

    Antonio





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  • webm
    08-08 07:21 PM
    So whats the verdict ? Can we work on EAD receipt notice if the EAD could not get renewed in time ?


    No i dont't think so as per the new 245(k) memorandum..:( see this article on http://www.immigration-law.com

    08/08/2008: Unauthorized Employment Before or/and after I-485 Filing and Importance of Revisit of Recently Released 245(k) Memorandum





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  • frostrated
    08-18 12:56 PM
    Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
    Btw, i am on AOS if that is what was meant from my legal status..

    Thanks for all the responses to my thread so far..
    The employer can change the contents of the offer, as long as it does not affect the job functions. GC is just a by-product of the job offer. Since you no longer work for the employer, you do not have any basis for recouping the costs. If you are in AOS status, it requires that there by an underlying immigrant petition by an employer. In your case, the employer on your petition no longer employs you, and therefore, if you go by the book, you are not in legal status. Rather than try to get money from your old employer, I'd suggest that you look for an employer who will take over your GC process. If you keep pestering your prior employer, they can revoke your I-140, which then invalidates your EAD and your I-485 application. So tread with care.



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  • clockwork
    07-06 10:53 AM
    07/07/2007: USCIS Reportedly Admitted Some I-485 Approvals at Last Minutes Without Completion of FBI Security Clearance

    * New York Times, http://www.nytimes.com/2007/07/06/us/06visa.html?hp, has reported:

    "To complete the applications in time, the immigration agency put employees to work both days last weekend at service centers in Texas and Nebraska, immigration officials said. They said that 25,000 applications were processed in the final 48 hours before Monday�s deadline. In some cases, security clearances required by the F.B.I. were not entirely completed, immigration officials said. The agency approved some applications �when we were certain the process will be completed very shortly,� Mr. Aytes said."

    * The report also indicates that the State Department and the USCIS tend to disagree with each other for the root of the problem for the current fiasco. Earlier there was a report in the Washington Post that the USCIS denied that the USCIS worked ceaselessly and frantically during the weekends (two days) before July 1, but it has been admitted since then the employees indeed worked hard during the two days. According to the NY Times report, during the weekend alone, they approved 25,000 I-485 backlog applications.
    * We are afraid that the alleged admission of approval of I-485 application before completion of the security clearance is likely to face the legal challenge for violation of the rules which is likely one of the main claims of the AILF lawsuit as well as the political backfire as an issue of security lapse relating to the homeland security. It appears that the July visa bullen fiasco is going out of control and pushes the two agencies into an edge. :eek: :eek: :eek:





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  • jungalee43
    03-05 11:36 AM
    Something is happening on Hill. One more enforcement only bill in Senate. Its on CNN LIVE VIDEO. All senators are talking about not giving drivers license, not allowing to open bank accounts etc.
    Well it is our friend from Alabama: - "individual bill is a right approach this year."



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  • indianindian2006
    08-28 01:53 PM
    One of our IV members posted today that he got an internal mail from Fragomen that visa numbers for EB2 India and China are done as of Aug 21st.
    Here is the link.

    http://immigrationvoice.org/forum/showpost.php?p=283735&postcount=133





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  • gcisadawg
    03-22 01:48 AM
    My sympathies and condolences to the family. I hope that the strength of their belief gives them courage and comfort during these tragic times.



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  • akilhere
    11-06 03:02 PM
    #1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.


    On the other hand, chances are that a large number of applicants might not have the exact skillset mentioned in your advertisement as the current market has driven some desperate candidates to apply even if the requirement matches only 10% of their profile. So, it depends on your luck. The general assumption is that, people look to better their salaries, roles when the economy is doing good. So it is not necessarily going to help you a lot even in a good economy. This topic can be argued both ways.

    Be greedy when the market is fearful and be fearful when the market is greedy - W.B





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  • bpratap
    02-02 03:34 PM
    I was going thru my Reciepts & Approval letters and I found different A numbers on I-140 & I-485. Anybody have similar issue ? Is that normal or do I need to be concerned about ?


    I-140 Reciept : No A Number
    I-140 Approvel Number 1
    I-485 Reciept : Number 2

    EAD/FP/AP : Number 2


    I juz found this after my H1 extension was approved only for 1 year. I was under the assumption that with I-140 Approved I would get 3 yr extension. Interestingly during the H1 Extension process USCIS have touched all my files (485/EAD/AP) but not I-140

    Is this anything I need to be concerned about ? Appreciate your suggestions



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  • cygent
    07-02 04:43 PM
    You cannot sue them for any of the above.
    3) See (2)

    kaisersose,

    I see your point in 1) Ok, I will agree with that. My mistake.

    But from 2) it is very clear injustice. You just mentioned that they made a "choice" not to burn unused visa's, well then that choice obviously excluded the rest of the field, in terms of the rules. Of course, they have the excuse of backlog + 2007 visagate, but that does not redeem their actions. The root cause is because of how the laws were crafted.

    Similar argument for 3) - They must be held accountable.





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  • vikram2101
    08-08 05:34 PM
    That's funny someone told you that ..

    My case is similar, July 2007 NSC filer, file was transferred to CSC, and then transferred back to NSC 2-3months later, but that was after they had mailed me the 485 receipt notice, EAD and AP.

    I had called NSC a couple of weeks ago to inquire about my spouse's application, they informed me that the application was very much with them, it's cleared name check and it's waiting for it's turn so that a decision can be made.



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  • vdlrao
    05-02 12:10 PM
    Don't go for the ICICI home loan. They are the first ones to increase the interest rate when ever theres a RBI changes the base rate. And the last one to decrease the interest rate when ever there's a base rate change. And some times they don't decrease at all.

    They start charging higher interest rate than the fore said rate once you taken the loan from them. On top of it they charge 2% extra for the prepayment amounts. Best is SBI.





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  • azure
    03-20 12:34 PM
    Not sure....but here is a related link.

    http://domenici.senate.gov/news/record.cfm?id=251739



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  • mbawa2574
    07-07 07:53 PM
    I am not sure what happened but my last thread is not showing up on the main page. So I have started a new one.





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  • Sandeep
    01-23 01:53 PM
    To present our case, we need facts. Like for example

    -Drop in admissions/applications/exams for US universities
    http://www.universityofcalifornia.edu/senate/news/source/intnl.grads.pdf cites "constraints on visas and immigration" are among the reasons for the decline
    http://www.usatoday.com/printedition/news/20060106/a_students06.art.htm says "Rising U.S. tuitions, increased tension between much of the world and the United States and post-9/11-related immigration issues have all fed a decline in foreign student enrollment. So, too, has heightened competition from the rest of the developed world"
    http://www.aascu.org/policy_matters/pdf/v2n11.pdf also supports that on page 3

    -Number of people on H1-B buying homes
    http://www.census.gov/prod/3/98pubs/cenbr974.pdf

    -Evidence showing H1-Bs earn similar salaries/hourly rates, as rest of the industry
    http://judiciary.senate.gov/testimony.cfm?id=913&wit_id=475
    It is hard to determine the impact of H-1B workers on comparable U.S. workers. The only comprehensive effort to date, conducted in 2000 by the National Research Council of the National Academy of Sciences, concluded that the magnitude of any effect the H-1B program has on wages is difficult to estimate with confidence. The report noted that the effect, if any, may not be to depress wages and employment opportunities for U.S. workers but rather to keep wages from rising as rapidly as they would if the program did not exist. Another study in 2001 similarly concluded that if the H-1B program has any effect on comparable U.S. workers, the effect must be subtle because it does not appear immediately in the data.


    -Age Pattern of the Science and Engineering Labor Force
    http://www.nsf.gov/statistics/seind04/c3/c3s3.htm#c3s3l1a Absent changes in degree production, retirement patterns, or immigration, the number of S&E-trained workers in the labor force will continue to grow for some time, but the growth rate may slow significantly as a dramatically greater proportion of the S&E labor force reaches traditional retirement age. As the growth rate slows, the average age of the S&E labor force will increase.
    And later "Taken together, these factors suggest a slower-growing and older S&E labor force. Both trends would be accentuated if either new degree production were to drop or immigration to slow, both concerns raised by a recent report of the Committee on Education and Human Resources Task Force on National Workforce "


    I am also trying to gather information about the points given below

    - Number of H1-Bs becoming US citizens (when given a chance)
    _________
    - A $$ amount of value addition of H1-Bs to the US economy
    _________
    - Number of children that are US citizens from H1-B families.
    _________

    Any help in pointing to any articles etc that you may have come across is good. Please keep in mind that these studies should have stats in them and should be recent material
    Thanks
    Sandeep



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  • ras
    06-04 02:34 PM
    This is useful for those singles who have applied for green card but are worried about getting it before being married. And there appears to be quite a number of them.

    Even if it is not useful for all those married green card applicants, this is a huge thing for the singles even if they are in the long Q. This is a long term solution for a section of the IV community. Because it is not useful to married doesn't mean that it is not relevant to IV community.

    I have seen people who didn't apply during July fiasco though they are eligible just because they cannot bring the spouse if they get married. Absolutely it is relevant to all those singles out there in this community.





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  • bhagat69
    02-27 09:27 AM
    Hi, I am actually in the same boat as you. Though I have an April 2006 PD for EB3 and am now on EAD as well.

    Question1: Is it better to try and port my EB3 to EB2 with a different employer. Isn't GC for future employment ? If so, can't I negotiate with another employer and file new labour under EB2 and try and port my priority date from EB3 ? Also, if I do this will my current employer find out ?

    Questions2: What is the process for porting EB3 to EB2 without current employer finding out ? What documents are required ? My current employer is not going to give me a copy of my I-140 or my Labour Cert. All I have is the receipt notice of my I-485 filing and my AP/EAD documents.

    Questions3: Is it possible that since there are so many India EB2 applicants and fewer India EB3 applicants that it is better to stick with EB3 April 2006 PD ? Dosen't a seperate quota get allocated to EB3 than that which gets allocated to EB2 each year or will EB3 always be behind EB2? Please advise.

    I will really appreciate someone who has experience with these issues to advise me on them.

    NOTE: Can someone please tell me how I can create my own new thread on immigration voice.





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  • jonty_11
    07-05 04:25 PM
    stop jumping the line....





    arc
    10-08 02:03 PM
    did anyone get FP notice?





    HumJumboHathuJumbo
    01-08 12:41 PM
    While I-485 is pending, how to change spouse's last name?. For that matter, how to change spouse's last completely in every agency(like ssn, paychecks, credit cards, green card, passport, drivers license). Is this list complete?. which one should i start first?.thanks