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  • Roger Binny
    09-22 06:23 PM
    Starting EB2 process will be the same as EB3 process. Your company should have a position open that requires atleast Masters degree or Bachelor + 5 years experience. They'll have to go through recruitment process and document that no US citizen or PR was available to fill the position and then file PERM.

    Your EB3 applicaiton will not be affected by this new application.

    The whole process upto I-140 may cost $10k-15k

    Last point, is not correct, it doesn't cost 10-15k for your company, may probably around 5-6k.





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  • qplearn
    09-30 05:38 PM
    You should be thankful you are even able to file for 485. There are so many of us here who have waited 4+ YEARS (and still waiting) for just their labor cerification from BECs. Even assuming they get their I-140 approved overnight, they need to wait another 3-4 YEARS before they can even FILE 485. So compared to that 4-5 months processing time to approve I-140 is a rounding error .. dont mean to defend USCIS or trivialize your problem, just giving you some perspective of in the larger context of this huge EB mess.

    I am really shocked to hear that. Why is it taking 4+ years to get a labor certification? I thought the PERM system solved this problem; I, of course, don't know much because my labor was approved via SHLC, and that takes 6 months.

    Is this included in our demands? I mean the ability to file for 485 even when labor is not approved? Sounds like it should be.





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  • casinoroyale
    01-12 07:55 PM
    As per my reading one can re-enter on AP. But do remember that the CBP officer at the port of entry notices that once case is under security check or something he may create issues. But in general i don't think this is the case. One of my friend who was stuck with security check entered using AP. I know him personally so this is for fact happend.

    As per several murthy chat items, Sheela Murthy also thinks one can enter on AP if their H1B visa stamp is rejected to getting delayed.

    But do remember that, your status will change from H1B to PAROLE once you enter using AP. But hey, you can alwyas change it back to H1B once you get the visa.

    One of my personal concerns about this approach (for which i don't have concrete answer), does the consulate consider your visa applicaton abondoned if they find out that the candidate has entered US?

    (not proof reading, plz ignore spelling and grammar mistakes)





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  • telekinesis
    10-22 09:45 PM
    Oh how I miss my Playstation :*(



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  • fcres
    07-24 02:42 PM
    Hello Guys,
    My attorney send I485,AP, EAD application to USCIS with my present passport. This passport expires on August 08, 2007. Will there be any problems for this? Please let me know. Thanks......

    Since you already applied there is nothing you can do other than renewing your passport. Try to do emergency renewal.
    My lawyer asked me to renew PP to be on the safe side before we filed my AOS.





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  • up_guy
    08-31 11:48 AM
    I have recently changed my job using AC21. My new employer has filed H-1B transfer and I also had two years of EAD
    While filling up the I-9 form I have used EAD alien #, when I checked the emplyer HR they said that I-9 stays in the office and they do not send its copy to USCIS so my question is how USCIS knows that whether I am on EAD or H-1 B ?

    Can I treat myself on EAD and H-1B both

    Thanks for your response...



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  • Sachin_Stock
    08-13 02:32 PM
    Any gurus can answer this question?





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  • vikki76
    05-24 02:50 PM
    Interesting you brought this up. I am alumni of RPI and take great interest in current college activities.Read this in their this month's alumni magazine


    "For several years President Shirley Ann Jackson has been warning of a looming gap in the science and engineering workforce,driver primarily by three factors.Those who responded to President John F Kennedy's historic call to action following launch of the Sputnik satellite and became the scientists and engineers whose work has fueled the US economy for a generation are on the verge of of retiring numbers.

    As a nation of immigrants,the United States has relied on students,professors,and researchers who came from abroad to study and remain ,but in a "flattening" world offering expanding opportunities,their numbers are decreasing.In addition,not enough young people in this country are being excited and prepared to pursue careers in science and engineering.
    These factors,in combination with the decreasing federal commitment to funding basic research,are what President Jackson describes as "quiet crisis"
    "It is quiet because it takes decades to educate a scientist,mathematician, or an engineer,so the true impact unfolds only gradually,over time", says President Jackson.

    "It is a crisis because the discoveries and innovations of our science and engineering workforce create the new opportunities and industries which keep our economy thriving,provide for our security, and mitigate the global scourges that breed suffereing and global instability."


    Disclaimer: RPI has vested interest in fueling growth in undergraduate technical program. It is a very small private college,focussed exclusively on engineering and science programs.There are no arts or history major offered.



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  • alvin
    01-18 11:01 PM
    As far as I know:
    if your E3 (approved) priority date is current for E2 (approved), you can file 485 (in E2) requesting to use the earliest (E3) priority date. From my understanding, you may be able to do it even when your E2 is pending - but it may be better to wait till you get the E2 approved. Hope it clarifies your question.





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  • eb3_nepa
    10-06 03:46 PM
    If your I-485 EAD comes through you have to use that and not the F1 EAD.

    Where did you get this information from? Can you please show a source?



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  • srikondoji
    08-28 12:50 PM
    To all,
    If your EAD is not expiring soon (within 10 days) and your EAD renewal is still pending, there is chance that your expedited request may not be processed at all.

    THis is what happened with my Wife's EAD renewal.

    My Wife's EAD is set to expire on Sept 4th and was in a danger of loosing her job, if she didn't have her new EAD in time. There was no word/status_updates about her pending EAD renewal for the past 2 months. Complicating things further she only recently received FP notice.

    We contacted our lawyer and she said that we are not eligible to file an expedited case as it is not even pending 90 days, but she did advise us to give it a try.

    So, my wife called USCIS on August 26th (promtly at 8:00AM) and gave all the details to the Rep. Rep said that she will expedite the case and wait for 5 days to get a response. She said that they will send an email, if USCIS requires additional documents and also asked us not call again within 5 days.

    Surprise, surprise, The very next day, her EAD case status got updated with a message "Card Production ordered......."
    Usually, there would be "EAD approved" message followed by Card production ordered. However, in this case, they directly jumped to "Card production ordered..."

    My Advise is to call USCIS, if your EAD is set to expire in just few days. They can do many things out of way to help out.

    Hope this helps.
    --sri





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  • chadoubra
    06-21 01:24 PM
    thank you for the responses. it does seem to be a bit of bad luck. i only have 20 days before my I-94 expires. are they very strict about when it expires or do i get a grace period?

    for the first option (going out of the country), i need to get a mexican permit to enter mexico and that takes 10 working days to receive. that would leave me with about 1 day in which to fly to mexico and get a new I-94.

    for the second option (I-539), that takes 45 days to process, so my I-94 will expire and i wont have a new one yet, even though i've applied for it.

    if there's a grace period (is there one??) i might take the USCIS option since it'll be cheaper than flying to mexico.

    thanks again for the help.



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  • baburob2
    07-02 10:34 AM
    based on my knowledge you could file I-824 (correction to make adjustment of status to CP or viceversa) or you could file for new I-140 opting for Consular processing. You don't have to work till the end of the GC process in US. If the employer is willing to sponsor you GC and upon approval offer you the job described in GC petition(ie at US) then you should be fine. Hence if you employer is ok with that you could move to Canada without any issues and your GC im US will still be ok. AOS(Adjustment of Status) is only possible if you are staying within US and hence if you move to Canada you can't do AOS.





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  • vkt3142
    02-25 02:37 PM
    Guys, please let me know if anyone heard something similar else where.

    Thank you



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  • madan
    01-09 07:40 PM
    Can some body help with the below Questions?

    1 . After getting Divorce in USA do we need to update the INS(is it Mandatory) to take away the wife from my Green card Process?
    2. Planning to get remarried in India , while sending my new wife for H4 stamping , Is divorce doc alone is sufficient and if do not update the INS on my divorce , while my new wife goes to H4 stamping will that take care of evrything?

    Please reply

    thanks





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  • delhirocks
    07-14 10:14 AM
    Surprised to see Korea in the top three...wonder what kind of employment professionals are coming from Korea.

    What's that supposed to mean? Probably exactly the same kind of employment professionals that come from other countries! It's only the 12th largest economy in the world

    To elaborate on that, S.Korea happens to be on the forefront of technological innovations. Highest per capita broadband use, highest per capita cellphone use...land of samsung and Hyundai

    not to mention great food...korean bbq anyone



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  • SmSm
    05-25 12:53 PM
    any one???





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  • h1techSlave
    03-19 11:57 AM
    I can't think of anything other than getting the company immigration lawyer's help in this case.

    On another note, all of here with pending GC processes, should be ready to face the prospect of going back to our home countries. "Hope for the best, but prepare for the worst".

    Gurus,
    I am writing on behalf of a close friend who is too worried to write it for himself.
    Case:
    He is a July 2007 filer with PD of Nov 2003 and recently had his I485 rejected. Reason - I140 denied and no appeal. However, when he checks his I140 status, it says, its still pending. He had received an RFE on I140 in October 2007 about Employment status and he had submitted all the required evidence. He also is in the same company that filed his labor. The only change he ever made is moving to a new place in the same city. Does anyone have a similar experience? What needs to be done apart from consulting a good immigration attorney? Your advice will be much appreciated.





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  • m306m
    12-12 03:32 PM
    Vallabhu is inaccurate. You can leave the US with an expired I94. Immigration Officials do not collect the I94 from an individual, more often it is the airline staff who collect it and pass to immigration. Also you status come into play when you enter the US. When you fly in just show your AP and I485 receipt and you should be fine.

    Your wife might have a problem in leaving US with expired I94 , if the immigration officer who is collecting sees that I94 is expired she is subject to 10 year BAN unless she goes CANADA or MEXICO route where they don't collect I94's and to come back in she needs advance parole to be approved receipt may not help .





    JunRN
    08-11 03:58 PM
    At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.

    You mean "AP", not "EAD" to enter into US.





    das0
    06-22 02:09 AM
    any thoughts?



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