a_yaja
09-13 10:37 AM
I'll be graduating from med school next year. Per student counsel/student affair office, my seniors are qualified med professionals and are eligible for eb2 category.
Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?
Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.
Thanks,
You should be able to file H1B directly without becoming a student first. Since you already have an EAD (I assume that you have one since you are AOS), you don't even need to file a H1. However, it is your choice to file H1 or not. You do not need to be on a H1 to file for Labor, I-140, etc. You can do that while on AOS.
Does immi law allow a person to file H-1B when he/she is a derivative 485 applicant / AOS pending status?
Just trying to explore the possibilities to apply 485 under EB2 category and my current status is 485 EB3 AOS, primary applicant is my spouse. I would really appreciate the valuable suggestions and thoughts.
Thanks,
You should be able to file H1B directly without becoming a student first. Since you already have an EAD (I assume that you have one since you are AOS), you don't even need to file a H1. However, it is your choice to file H1 or not. You do not need to be on a H1 to file for Labor, I-140, etc. You can do that while on AOS.
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english_august
08-20 12:04 AM
Unless, people realize that it is in their interest to spread this grass root effort it is all futile. Do you guys really think that distributing fliers by four guys at the parade is going to make a difference.
Though I really commend what these guys did and they were truly heroes but if I were them, then based on the turn out (only 4 people) I would have decided to go back.
After all, these were not doing only for themselves but for every one else too.
What a pitty! :mad:
Whenever you have a similar doubt, just think of one simple statistical fact - that even at the peak of India's freedom struggle, only 5% of the total population was actively involved; 95% were mute spectators. Did that stop the people who were truly devoted to stop their struggle? No. Our 4 volunteers represent that spirit.
Though I really commend what these guys did and they were truly heroes but if I were them, then based on the turn out (only 4 people) I would have decided to go back.
After all, these were not doing only for themselves but for every one else too.
What a pitty! :mad:
Whenever you have a similar doubt, just think of one simple statistical fact - that even at the peak of India's freedom struggle, only 5% of the total population was actively involved; 95% were mute spectators. Did that stop the people who were truly devoted to stop their struggle? No. Our 4 volunteers represent that spirit.
HawaldarNaik
11-20 01:13 AM
I filed for my EAD in August, got an approval for EAD (2 yrs) and AP for one yr but no FP notice. What should I do
I checked with my lawyer and she says previous FP is valid for 15 to 18 months
Kindly Advise what should i do...
I checked with my lawyer and she says previous FP is valid for 15 to 18 months
Kindly Advise what should i do...
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deepimpact
08-23 11:25 AM
And depending on how long you have been on H1 and if the University is a State Univ, your wife can also qualify for in state Tuition fee. These days its very rare for MS students to get funding. You can save some money that way.
more...

snathan
05-13 11:31 PM
Experts,
My friend got a letter from USCIS saying his H1 B transfer got Denied due to Client Contract / Letter.
1. Is he out of status?
2. He can appeal with proper evidence to show that we have contract..with clients..
3. What si the procedure.. pelase advice
Thanks in advance.
If your previous H1B expired, he is out of status. File the appeal asap. Once the appeal is accepted, he is in status till the final decision is made.
This is my opinion only. Please check with attorney.
My friend got a letter from USCIS saying his H1 B transfer got Denied due to Client Contract / Letter.
1. Is he out of status?
2. He can appeal with proper evidence to show that we have contract..with clients..
3. What si the procedure.. pelase advice
Thanks in advance.
If your previous H1B expired, he is out of status. File the appeal asap. Once the appeal is accepted, he is in status till the final decision is made.
This is my opinion only. Please check with attorney.

lj_rr
11-11 06:11 PM
BUMP...Anyone?
Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
Need advise from someone who renewed Indian passport by mail at the San Francisco Indian Consulate.
My wife filled the application online and is ready to mail it, but there are questions regarding the supporting docs.
1)Proof of Residence:CGISF website shows applicable docs as Driving license or PG&E, Water or landline telephone bill displaying applicant�s address or
House Lease Agreement.
However in my wife's case, her name is not on any of the utility bills mentioned above and her Driving license has the old address.
Can we use the HUD-1 closing statement or home title as proof. Or can we use a insurance bill for this purpose? If not, please advise on other options.
2)Notarizing:I understand photo copies of any docs that I sent needs to be notarized.
Is there anything else that needs to be notarized?Your website says that "If applying by mail, Photocopy of all supporting documents including Photo should be notarized and attached to the application".
Do I need to notarize both the photos from page 1 and page 4? Please clarify.
more...

gcformeornot
05-28 07:31 AM
from my understanding it wil start right away.. which means we will loose some time overlapping between the EAD's.
I think it starts after expiry of first one. ( all other things work this way, why different rule for EAD?)
I think it starts after expiry of first one. ( all other things work this way, why different rule for EAD?)
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amit1234
08-27 08:19 AM
Hi,
can any lawers give me reply?
Thanks in advance
can any lawers give me reply?
Thanks in advance
more...
sangmami
06-07 05:03 PM
guys..can any1 update what happend in senate as for as the bill is concerned.I was out for sometime and when i came back i am listening to stem cell research
Thanks
Thanks
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rmutyala
07-13 01:10 AM
What do you think is this big news coming out in 24 hours or on Monday?
I want to select more than one option :)
I want to select more than one option :)
more...
sanju
02-06 10:28 AM
We filed for 485 in 2007 july fiasco... and so far, we never received FPs for me or my wife..
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
Hi pal,
Two things -
a.) If your priority date is current and you are EB2-India, then your priority date in your profile is incorrect. Could you please fix it, along with other data in your profile.
b.) Based on what you said, if I were you, I would take an infopass appointment at the nearest USCIS center for the entire family and speak with the IO face-2-face and ask this -
i.) My dates are current, how much time will it take to approve your application, and at what stage it is stuck?
ii.) You have not recd FP notice, is that ok?
I think IO officer will most likely print an FP notice right there, and that will bring up your file, if it is lying in some rubble. It would have someone look into your application.
Hope this is helpful!
.
my lawyer called the TSC a couple of times, and I called at least 3 times, and all the time, they say it is fine, and they will contact me if they need anything. We got our EADs and APs renewed as well, but never received FPs...
Every time I contacted them and explained the problem, they would open up a case to investigate and they send us letters a couple of months later saying my application is within the current processing times...
I am hoping this is only normal, and there are others out there in the same boat as mine...
Am I wrong in assuming so? Let me know if there is anything I should do?
pal :)
Hi pal,
Two things -
a.) If your priority date is current and you are EB2-India, then your priority date in your profile is incorrect. Could you please fix it, along with other data in your profile.
b.) Based on what you said, if I were you, I would take an infopass appointment at the nearest USCIS center for the entire family and speak with the IO face-2-face and ask this -
i.) My dates are current, how much time will it take to approve your application, and at what stage it is stuck?
ii.) You have not recd FP notice, is that ok?
I think IO officer will most likely print an FP notice right there, and that will bring up your file, if it is lying in some rubble. It would have someone look into your application.
Hope this is helpful!
.
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Sandeep
03-08 07:28 AM
Pl. find here some more stuff about DOL/BEC and PERM.
http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html
I believe this is an older version of the report I was talking about as it says "Assessment Year2004"
The question is why is DOL projecting that it is doing a great job? There are serious flaws everywhere and there are thousands who will testify to that. They do not know how much money to ask from the Congress and they do not know if they can even meet the deadlines they have set. Also look at the way the goals have changed
Page 212
"The goal to reduce processing time to six months for 90% of applications, though ambitious relative to current 32- month processing, may not be either sufficiently tailored or ambitious for the new automated review process, if program reforms go as planned, and processing rates are as high as envisioned."
"ETA Congressional Justification submitted with the President's Budget for FY 2005: (1) Reduce average processing time such that 90% of new applications are processed within six months of filing (target ambitious relative to current processing time of 32 months; target remains same in future years; contingent on implementation of reforms). (2) In 2004, reduce backlog of permanent applications by 36. 5% from 270,000, and in 2005, by 42% from 171, 450 (revised goal: elimination of backlog by end of 2006). (3) Goal for 2003 was to "assist employers in meeting their workforce needs by providing them with expeditious determinations on their applications to hire foreign workers under the [permanent, H- 1B, and H- 2B programs]". (4)Goal for 2001 and 2002 had been to "promptly review employer applications for foreign labor certification". Goals tie to program's mission and DOL's Strategic Goal 4, A Competitive Workforce. Numerical targets for processing will almost certainly need adjustment upon implementation of the new,automated system and centralized processing."
http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html
I believe this is an older version of the report I was talking about as it says "Assessment Year2004"
The question is why is DOL projecting that it is doing a great job? There are serious flaws everywhere and there are thousands who will testify to that. They do not know how much money to ask from the Congress and they do not know if they can even meet the deadlines they have set. Also look at the way the goals have changed
Page 212
"The goal to reduce processing time to six months for 90% of applications, though ambitious relative to current 32- month processing, may not be either sufficiently tailored or ambitious for the new automated review process, if program reforms go as planned, and processing rates are as high as envisioned."
"ETA Congressional Justification submitted with the President's Budget for FY 2005: (1) Reduce average processing time such that 90% of new applications are processed within six months of filing (target ambitious relative to current processing time of 32 months; target remains same in future years; contingent on implementation of reforms). (2) In 2004, reduce backlog of permanent applications by 36. 5% from 270,000, and in 2005, by 42% from 171, 450 (revised goal: elimination of backlog by end of 2006). (3) Goal for 2003 was to "assist employers in meeting their workforce needs by providing them with expeditious determinations on their applications to hire foreign workers under the [permanent, H- 1B, and H- 2B programs]". (4)Goal for 2001 and 2002 had been to "promptly review employer applications for foreign labor certification". Goals tie to program's mission and DOL's Strategic Goal 4, A Competitive Workforce. Numerical targets for processing will almost certainly need adjustment upon implementation of the new,automated system and centralized processing."
more...
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Green.Tech
08-03 05:18 PM
Not advisable for the same company unless the new job duties are changed significantly.:cool:
Yes, assuming the job duties changed by approx 50% or more.
Yes, assuming the job duties changed by approx 50% or more.
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chintu25
10-02 07:02 PM
Bump
more...
pictures tattoos on lack people.
sri1309
11-05 10:26 PM
Congratulate OBAMA.. This is the time to tell them that we would like to vote him next time. He knows the immigrant problems.. We should hope for change..
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sjhugoose
January 6th, 2004, 12:48 PM
Thanks Scott! Do I understand correctly that you mean I could blend in an "unfiltered bird" over the "NeatImaged" one?
Ya thats what I was saying. Sorry if I was not clear, cold medicine blurs you clarity! Hope this idea helps a touch!
BTW, looks like your really enjoying the 100-400L!
Scott
Ya thats what I was saying. Sorry if I was not clear, cold medicine blurs you clarity! Hope this idea helps a touch!
BTW, looks like your really enjoying the 100-400L!
Scott
more...
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waitingimmigrant
10-21 05:12 PM
thanks sandy and everybody... GCOP thanks for finding that info...
hope they look at it and take it forward anytime between now
and early/mid december... good luck all ....
hope they look at it and take it forward anytime between now
and early/mid december... good luck all ....
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mattresscoil
11-12 11:57 AM
Hi,
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
I have an EB3-I I-485 Pending with PD Dec 04 and i am currently on 6th year of H1B. I have EAD but not using it. Spouse using EAD to work. Should i go for extension of H1B based on I-140 approval? How many years can i get H1B extension for?
I am reading conflicting posts with some saying only 1 yr extension and some saying 3 yr extension based on i-140 approval. Anybody been through this or have any info on this, I would appreciate your response. How many years can i get H1B extension for?
Thanks
smsthss:
1. You are eligible to get 3 H1B year extension based on an approved I-140. However it is up to the Immigration officer to grant you the appropriate term. The appropriate term will depend on the employer paperwork that can suggest that there is atleast 3 years worth of work available for you to do.
2. Two of my friends got their H1B extensions on the basis of approved 140 (after their 6th year). One of them provided the client letter proving that there is a lot of work for another 3 years but got an extension for 1.5 years only. My other friend submitted client work order showing work for 6 months but that guy got an H1B extension for 3 years.
Your best bet is to provide all the paperwork and request extension for 3 years and leave it up to the IO to make the decision. (Certain things are beyond our control, but the things that are must be handled well)
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RobAllan
03-24 10:38 AM
Chandu
Did you sent the Letter of Employment from your current employer or else from the one who started your GC processing, Can you please share the details.
Thanks !
Did you sent the Letter of Employment from your current employer or else from the one who started your GC processing, Can you please share the details.
Thanks !
thakkarbhav
09-03 12:49 PM
I did not receive my EAD card - It was approved on Aug 21st...Not sure what went wrong with USPS.
memyselfandus
06-03 08:59 AM
Since i had to spend US $ 70 on passportport photos during july 2007 filing, i wrote my own app to format passport photos. some of my my friends and i used it for filing AP the last couple years. i can email it to any of you if you want it. just PM me.
you would need .NET framework(minimum version 2.0) to run it.
it supports indian passport photos too (3.5 cm by 4.5 cm) :)
I have used this site to generate several times.
you would need .NET framework(minimum version 2.0) to run it.
it supports indian passport photos too (3.5 cm by 4.5 cm) :)
I have used this site to generate several times.
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