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  • rb_248
    03-28 08:37 AM
    I think it will stay where it is now for this quarter.....just my guess. Then for the last quarter, we may see some advancement.....again this is my guess.

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  • bostonian28
    12-10 12:16 PM
    Please look at the below links, it says that one can move jobs after 180 days even without 140 being approved.

    Any comments / suggestions ?

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  • chunky
    07-26 03:21 PM
    We are planning to go India in October (after receipt of 185). If I apply for change of status it will be cancelled because she left country before aprooval".

    I was thinking if we do not get AP by then she can go to embassy and request for H4 visa. Will it be fine. I am asking too many questions

    Quote"As far as I know, if a 485 is pending, a person can continue to be in the US without a visa. So she would not require a H-4.

    All the same, I would still get a H-4 as this will be advantageous as,

    1. Your receipt has not yet arrived. What if the Application is rejected for initial evidence problem?

    2. AP takes a long time to come and she has to make an urgent trip back home?

    3. 485 gets denied by mistake. She has to have a valid status to fall back on, so you can file motion to reopen, etc.

    The chances of any of the above happening are low, but it is better to anticipate trouble and be as prepared as we can."

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  • mrajatish
    09-17 12:02 PM
    Explain your comments more clearly - do you mean EB1 unused is not getting used by EB2 India/China? If so, this is a matter of grave concern, and yes, we need to find out more information on this. We have to wait till DOS publishes Visa number usage this year. All EB1 and EB2 numbers should be used by over-subscribed countries in those categories and by no means by EB3.

    Find out/research as much as you can on this - we need to understand what is going on.


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  • ingegarcia
    08-29 02:53 PM
    ................Also, Online MBA's, M.S and other programs are not accredited by their respective boards anyway, meaning it�s a good 1 1/2 to 2 years of FULL TIME graduate school to get ahead of the line.

    I did a little research I think that depends on the University and not in the type of master degree (on campus, online). There are some well known Universities that offer Online Master degrees like SMU, Michigan, Harvard, Illinois accredited by their respective boads.

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  • joydiptac
    05-26 01:50 PM
    This is not a good advice...USCIS may have the file as active, and may approve EAD...If and when USCIS starts working on the application and issues RFE, etc., ...they may decide that the application was abandoned. If the poster worked on the EAD based on the abandoned GC application, then it is likely that USCIS will consider her to be out-of-status from the time she had no basis for EAD, which may mean a long illegal presence, triggering 10 years or permanent ban, etc.

    Thanks Saikat, for pointing out some potential pitfalls.
    I am sure USCIS has its own checks and balances to determine the validity of an application, and whether it is abandoned. But I do not believe in being proactive and raising flags to jeopardize what may be totally legit.

    One more thing that slipped my mind is you can always check online status to see if your application is active or rejected. :)

    Here are a few tidbits of law (information) I am aware of. I am not a lawyer so please seek help or search online for the validity of my statements :

    1. During AOS (adjustment of Status, I485 pending) you do not accrue Illegal presence period. However, if you were on a Non Immigrant visa and that has expired you will be in illegal status until you went out and came back using AP - but that is usually OK. Unless there is an unrelated issue that flags your case you are safe. But mind you - still no Illegal presence is accrued. This is the law.

    2. While on AOS it is OK to go out of the country for short periods of time (I don't think this is very well defined hence a gray area). In case you do not have any other non immigrant visa you need to have applied for AP before leaving the country otherwise you are considered to have abandoned your I485 application.
    Example: My boss from one of my previous companies was on AOS was working from B'lore in the same company for more than or close to a year. He came back on his L1A visa. He had a long talk with Immigration and explained that our company had sent him abroad for all this while, which was true. He came back in, within a few months got his GC this tells me that his I485 was not considered to be abandoned. Well it is a different story that he did not stay after that as being a truly global manager, he was sent to France and then to India within 6 months.



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  • ivgclive
    05-11 03:43 PM
    Don't count on USCIS to do something to eliminate backlog. They are idiots and inefficient morons.

    Please tell us what made yourself to file on NIW category.

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  • Aah_GC
    07-21 11:16 AM
    Hi there - thanks for posting this. Am in the same boat as you were. Do you by any chance have that fax number?


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  • pan123
    08-31 10:10 AM
    Based on my reading, I interpret that it's not final. They have engaged USCIS in that conversation, but no final rule has been released. By the time rule is released, probably I will have my EAD.

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  • mckottayam
    05-02 06:07 PM
    We came back yesterday May 1st, my wife's stamp is only until May 31st and mine until Aug 30th but we had the extended approval notices. Both H1s. We both got stamped until the end of the extension date on the I 797. I don't think you'll have any problem.


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  • lskreddy
    06-10 06:51 PM
    My 6 years end today and my extension filing is already in and pending since April. I wonder if they would entertain people who already filed and are waiting.

    I can't believe I am saying this but I hope my H1 extension does not get approved until I can file premium. :-)

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  • GCEB2
    06-23 08:12 PM
    At the POE i was being given I-94 validity till Nov 2008 but i have visa till 2010.
    when i asked the immigration officer at POE he told me my passport was expiring in 6 months and told me to get a new passport and come back. when i went back to airport they gave me one I102 form to fill, Iam on H4 visa and i havent used my EAD yet.

    My question is if i send the I102 form how long will it take to get new I 94 card. And also i need to renew my EAD which i never used before will it cause any problem. Do i need to submit my copy of I94 card for renewel of EAD

    Also the other option is going back to my home country and coming back that way i would have my new I94 validity, but what my concern is i got my ssn and does it mean that i lost my H4 status as i havent used my EAD yet


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  • Jayr
    07-05 02:28 PM
    I think the reasons may be a little more subtle than mean spiritedness and malice. Makes me wonder how performance is evaluated at the USCIS. If their evaluation system is such that a large number of applicants in backlog looks tacky on their report card, then that's incentive enough for them to not want a deluge of applicants.

    by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.

    What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.

    Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
    Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?

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  • leo2606
    12-13 08:02 PM
    We are all waiting for next breaking news from you ramnadhan.

    Visit another immigration site tomorrow and come back with another breaking news.

    January 2008 Visa Bulletin and Predicament of Unmarried Indian EB-2

    India has a tradition of family match-making marriage that more or less determines the timing of a marriage for a single person. When the EB visa numbers were open a few months ago, the unmarried single EB-2 worried about premature approval of their I-485 applications before they would have married and often talked about the way to delay approval of I-485 applications until they would marry. The January 2008 Visa Bulletin and the State Department prediction for the EB availability in coming months have removed such worry from these Indian professionals. However, in an unanticpated twist and irony of the development, they will instead face a different problem, to wit, their future spouses may not be able to apply for a following-to-join derivative EB immigrant visa benefits for a long time. Considering the amount of time the future spouse will have to wait to file for the immigrant benefits, it may be important for these EB-2 Indian professional to take at least two actions. These unmarried Indians have maintained a H-1B status to bring their future spouses in a H-4 visa status so that they are not separated after they marry. This strategy will become more real and critically important, meaning that they should keep staying on a H-1B status and not using EAD and AP. If they returned using AP, they may at some point of time, reinstate their H-1B status before their H-1B validity runs out. The other action which they should take is to file concurrent EB-2 and EB-3 I-140 petitions using the same EB-2 labor certification. Since the EB-3 is more favorable or at least will have a cut-off date rather than "unavailable," in certain situation they may maneuver the immigration rules that permit transfer of pending I-485 applications between EB-2 and EB-3 during the period when the visa numbers remain current for him/her. Such maneuver may at least allow the spouse to file I-485/EAD/AP. When EB-2 becomes more favorable, they may have to transfer the I-485 applications back to EB-2 petition. This maneuver is not a good option for everyone as it will require a log of juggling. However, some earlier priority date EB-2 Indians may dare to venture such juggling because of their unique circumstances that require filing of I-485 application for the spouse. It is something to think about and people should seek legal counsel.

    I hope this info useful for our fellow members.



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  • tikka
    05-31 04:25 PM
    100.00 - Google Order #601837695595056

    thank you...

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  • number30
    11-18 08:13 PM
    Did that H1B got approved later?


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  • rajenk
    07-16 12:49 PM
    Thanks a lot Raj.

    One more question. Does current company give you any originals when your I-140 is approved? If so, I was not given any. I was just told by the company attorney by mail saying that my I-140 is approved. So now, what exactly should I ask for? Appreciate if you can list all the required documents.

    Thanks again for answering so promptly.


    Below are the documents that you need to get from your previous attorney/Employer.

    1. Legible copy of your approved labor that you and your HR had signed.

    2. Legible copy of the Approved Original I-140. You will not get this original because it is solely Employer's document. Some times you will receive a Courtesy copy, but that will be like any other I-797,that is not the original, in that they will say "Courtesy Copy: Original sent to : <your attorney's name>"

    3. Copy of all H1-B approvals (I-797) to have records of your legal stay in US.

    That is all you need.

    Make sure to transfer your H1-B to your new employer.

    Good luck.


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  • optimist578
    03-18 12:34 PM
    Info from

    ----Quoted from website -----------------

    H.R. 572: Comprehensive Immigration Reform Commission Act of 2007
    Status: Introduced
    This bill is in the first step in the legislative process. Introduced bills go first to committees that deliberate, investigate, and revise bills before they go to general debate. The majority of bills never make it out of committee.

    Sponsor: Rep. Edolphus Towns [D-NY] (no cosponsors)
    Last Action: Jan 18, 2007: Referred to the House Committee on the Judiciary.

    Bill Sponsorship & Cosponsorship Statistics:

    Edolphus Towns has sponsored 90 bills since Jan 6, 1999, of which 88 haven't made it out of committee (Extremely Poor) and 0 were successfully enacted (Average, relative to peers). Towns has co-sponsored 2239 bills during the same time period (Exceedingly Many, relative to peers).
    ================================================== ====

    How encouraging is that?

    Have people seen the movie Legally Blonde 2? How the lead person lobbies for the Bruisser Bill ? Wish we could do sth like that.
    Still fighting on... $50 p.m. + Lobbying with local Representatives...

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  • cdeneo
    12-28 07:28 PM
    I am not sure how useful doing an MBA from an Indian school would be if one is planning to get back to the U.S. (or the western world in general) I did mine from IIM Ahmedabad, and find it pretty much worthless here.

    any idea on an INSEAD's MBA value when returning to the US to work? I know it holds in good stand in Europe and Asia...

    08-08 06:40 PM
    where ever u r getting ur info from shree19772000 ...I soooooooooooooooo hope it is true !!! :D

    09-20 10:13 PM
    can any one give some information on this

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