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  • ArkBird
    12-12 04:22 PM
    Yes. If the company financials are problem, you may have the same problem with EB3. I suggest, get paid consultation from some reputed lawyers.



    Refile as what lawyer says, get new H1. That will give you some breathing room. If you see that current financial problem may jeopardize the new GC process as well, then you should switch over.

    I assume this lawyer is hired by the company. So he will never advise you to make a move. It is you who have to look at all the options and see if it makes sense.




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  • vdlrao
    06-01 09:26 PM
    labor certificate for gc application and LCA for H1 are two different things. labor certificate for gc application is for a future job and employer is certifying that they will pay you per gc labor certificate once you get your gc and has nothing to do with h1 LCA.

    really good information.




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  • IV2007
    07-30 10:37 AM
    Guys,

    My undertstanding is, if one is a primary applicant on EAD and he/she starts studying full time, one need to pay taxes (like saying working part time or doing business, etc...).

    Once school is complete one needs to get back to same position or higher as an EAD applicant.

    I am also looking for concrete answers/confirmation on this.

    Tried to post a mesg to attorney on this forum but the post was closed. :(

    Anyone know for sure how to handle this situation. Or anyone did this and still got GC ??

    Thanks
    shree




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  • gchopes
    07-30 08:10 PM
    We may cross 2001 and enter into begining 2002.



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  • rrajasekar
    08-11 09:38 AM
    We have written a letter to our congressman asking if he could help expediting the process. They called us yesterday and said that they would try to do their best though they couldn't promise on the outcome.




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  • dtekkedil
    07-02 11:52 PM
    The Honorable Emilio T. Gonzalez
    Director U.S. Citizenship and Immigration Service


    20 Massachusetts Avenue, NW
    Washington, D.C. 20529



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  • HereIComeGC
    11-15 03:18 PM
    Nope. Management activities fall into a different job code and you will be breaking AC21 rules by taking up this new role.

    If your employer is cooperative and your lawyer is willing write the new job description to fall into the engineering category and not management, you may be OK. But if it is an "awesome" company as you put it, I doubt they will be willing to manipulate your job description.

    Anyway, check with them and the lawyer before you give up.

    Good luck


    No Sir..Management is also included in 15-1031.00 - Computer Software Engineers, Applications. Here is quote from O*Net

    "Supervise the work of programmers, technologists and technicians and other engineering and scientific personnel."

    Link: http://online.onetcenter.org/link/summary/15-1031.00




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  • dilbert_cal
    07-11 11:46 AM
    Hey, with ALL EB numbers gone till October, what else USCIS employees are suppose to do? Poop, Pee and approve I-140! This way, make this freaking GC line even longer.... my 2 cents....

    I believe USCIS has more work than just EB - they do have have FB cases too and certainly the backlog in FB is still many times longer than EB.

    Not that I am saying we are better off or worse off - just wanted to point out that USCIS employees do have something to work on regardless of EB numbers available or not. Also EAD and AP processing goes on regardless of whether EB numbers are there or not.

    Please do not assume that no work is being done and belittle the jobs of those who work at USCIS.



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  • digital2k
    08-06 12:44 PM
    *




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  • adde72
    02-12 07:03 PM
    My H1 is expiring on 20 June 2007 along with my wife's H4. My employer is planning to apply extension only in the month of June 2007 .

    However I am planning to apply a new H1 ( H4 -H1 status change) for my wife on April 1 2007 .

    1) If H4 extension is filed in June which one will USICS considers ?

    2) If H1B gets approved first and later H4 ext which I-94 will take precedence ? 3) Whether she can work from Oct 1 2007 or needs to go out of country and needs to get Visa stamped ?
    4) Any petition can we make to the USICS ?

    Thanks for your replies
    ASR



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  • tikka
    05-31 12:56 PM
    Confirmation Number: 56Y67421A1299244L.

    thank you




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  • chanduv23
    02-24 07:17 AM
    this is what i know

    since I-140 is approved and I-485 is pending for more than 6 months therefore employer withdrawing I-140 will hv no effect on GC process

    u can get copy of I-140 approval by filing FOIA rqst but it takes about 4-5 months

    again, this is what i know but i am not a lawyer, pls consult an attorney b4 any action

    btw how does ur employer expect that u not go to another company if u r going to lose ur job with him?

    Looks like the OP works for a consulting company and his contract seems to be ending. Seems like there are no contract opportunities at this time but there are fulltime opportunities that match his profile.

    His employer does not want him to leave the company but at the same time does not want any issues with benching so asked him to work using EAD during his last week.

    His employer also threatening to withdraw 140 support if he leaves.

    OP - as long as u r having a new job in hand, AC21 works just fine, so don't worry too much.



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  • satyakb
    03-19 09:53 PM
    Hi Everyone,

    Our Immigration status is EAD and my wife is pregnant,
    We are very happy with the news..

    There is lot of possibility for us to be in India during due date, based on few important events in family.
    We would like to know.. if baby is born in India then what possibilities are there for us to bring baby along with us?
    (if mother stays in India for couple of more months)

    can baby also get Green Card when we (parents) are allotted green card?

    All your advices are always appreciated.

    Thanks & Regards,
    Satya.

    Note: Admins if required, please close this thread and redirect to any existing ones, as i could not find one I have posted a new thread.




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  • retropain
    09-05 01:47 PM
    The CIR includes increases in legal immigration. If the dems take the house, then the house alongwith the already pro-immigrant senate will pass big increases in immigration (family and eb). If i was a republican, i would try to pass CIR after the november elections and before the new congress in January, when he party still has some control. If the dems solve the immigration issue in the next congress when they have the reins, the hispanic vote will heavily tilt democratic for a long time to come.



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  • freedom_fighter
    01-14 01:13 PM
    she had sep 2004 eb2.

    i've changed my pd date to avoid confusion. USCIS is going by the queue, so dont worry..




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  • singhsa3
    11-15 09:56 AM
    As I've said earlier. IV is you, you are IV. If you are in the similar situation as we are and by expressing your desire to do something about it, you automatically become a member of IV.

    But we do use this yahoo group http://groups.yahoo.com/group/immigrationvoiceny/
    to communicate with our members. So please sign up...

    Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
    Thanks



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  • Canadianindian
    07-08 09:55 PM
    5 star from me too :D

    Best of luck.




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  • gnutin
    06-10 02:36 PM
    Thanks for your immediate response, gnutin and thomachan72.

    Mr.gnutin,

    Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.

    As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario

    1. If my labor from my previous employer (A) is approved (which in my case)
    2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)

    Thanks and Regards,

    H1B transfer has nothing to do with your Labor or I-140 approval. The "transfer" is really like a new H1B application and will be treated as such. The I-140 approval comes into play only if you are past 6 years of your H1B, which you are not.




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  • GCMan007
    03-12 09:46 AM
    After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

    EB2- PB Dec2003
    485 Filed date: 08/02/07
    Texas service center




    frostrated
    08-10 12:00 PM
    A person holding H-4 can attend college in the U.S. In fact, some colleges offer in-state tuition for H-4 students. Check Brooklyn College for instance. INA does not specifically disallow from attending college of H-4 nor H-1 and colleges are aware of this. So if your wife is doing this only because she would like to pursue degree, I would suggest she explores the options and if possible remains on H-4, which is a dual intent status.

    Best Wishes,

    true, but she will not be able to work while on H4. She will also not be able to apply for any internships or work on campus.




    sureshvd
    10-15 11:15 AM
    Hi svr_76,
    By accepting citizenship will not make you "FORIEGN". Even after 10 yrs you still be looked as Indian immigrant after all. You are right in a sense that sooner we all will cry for for PIO card.



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