Wednesday, June 15, 2011

Saab 900

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  • praveenat11
    10-08 05:05 PM
    Are the dates current for I-485 filing?

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  • jatinr
    07-26 09:10 AM
    To apply for EAD you need the following documents

    1. I-131 EAD Application document

    2. Copy of I-485 receipt notice
    3. 2 colored passport pictures - recent
    4. Cashiers cheque as stated in the form.

    Send all this in and wait. You dont need an attorney to do this. This is really a simple procedure.

    I 765 EAD Application document.

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  • rajenk
    09-21 10:43 AM

    what are your plans for I-485 filing? are you going to interfile your existing EB3 485 application with EB2 I140 or file a new 485 application for EB2? what is your lawyer recommending?

    Our lawyer requested as a interfile while filing the new I-140. EB2 dates were current at the time of filing I-140 so that was possible. Otherwise we have to send in a copy of the new I-140 to join the I-485 when one's PD is current. I am waiting for copy of the I-140 to follow up on I-485 with SR and Infopass.

    I am using the existing I-485 to avoid confusion and delay. That is what is being recommended by USCIS in many AILA meetings that I am aware of.

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  • gchopefull
    12-17 12:48 PM
    did not mean to be a rude. I am sorry if I am pressing, its desperate situation. I have to decide today, tried to talk to the att on the case no answer.
    sorry for the last post and thank you in advanced for your response


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  • bmeduru11
    11-09 01:50 PM
    Can you tell me ur category (EB2 or EB3) and RFE received date?

    EB2 with Nov'04 priority date

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  • kumarc123
    02-11 08:13 PM
    Well another Gandihigiri should be done after witnessing the visa bulletin, along with the the reunion of March 1st, lets send flowers along with a pamplet saying " I want to BUY A HOUSE IN AMERICA"

    PAPU waht do you think? Before the meeting in DC, we should send the flowers along with brochures, can someone in IV take that responsibility, we can pitch in the money. We have to shout our are pain louder as we are dealing with politicians who are suffering from hard to listening medical problem. Please advise.

    ( Not the pink chadi's)

    Good luck


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  • kaisersose
    02-20 11:17 AM
    Dear All..need expert guidance on my situation.

    1) Company A. Approved I-140 and LC for more than 6 months in 2006

    2) Took a Job with Company B. Concurrent filling of New I-140 , 485, EAD, AP (In July 2007), EAD and AP approved > 180 days. But still waiting for I-140..looks like it going to take some time.

    3) Want to change to company �C�in similar area. Can I use AC21? Given that I have approved I-140 from company A, 485 from company B and want to move to company C ?

    I assume answer is No but thought I will get some expert guidance.

    Thanks for your help

    I think the answer is Yes.

    You may be able to do this by replacing the underlying 140 of your 485 application with the older one. It should be possible. Talk to a lawyer.

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  • gcseeker2002
    06-18 06:56 PM
    its kinda interesting why there is no appointment available sooner. I am in florida and i heard frmo my attorney on Thursday.. and called 3 doctors Friday morning.. all three said come down right now. Finally went to one of them the same day in the afternoon.. he did some blood work.. gave me MMR and TD.. and did TB test. I want back today morning and got my all the reports.

    As far as I know, we need to get only one blood work done.. doctor can test both HIV and Syph in the same one.
    Unfortunately I am in a very remote area , as factoryman above mentioned , in montana. factoryman , did this answer your question ...


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  • nmdial
    02-21 05:40 PM
    Dear Praveen,
    I haven't yet printed out the form, however, the following page should help you. It is my understanding that you would be able to save the form locally in a format that can be opened only through the Department of State's website. Once you have completed the form, you would be able to print it out. Please check this site for further queries:
    Frequently Asked Questions for the Online DS-160 Nonimmigrant Visa Electronic Application (

    Hope this helps,
    All the best and regards,

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  • richana
    01-23 09:20 PM
    Thanks for the reply! That was very helpful .

    Do I still have to be employed by my original sponsor when i get the appt after 6 months?

    If I return to the US in a few months do I still have to option of filing 485 even though I've already applied for CP in India?

    Yes to Q1. Yes to Q2, but you will have to discontinue the CP option. I would suggest going the CP way in your case. AOS is unpredictable with CP you will have a definite date. Best option get H1 in India return and apply for AOS, if not apply for CP and return with H1 go back in 6 months get GC if all else fails wait in India for 6 months and come back with GC.


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  • milmuk
    02-06 07:35 PM
    Hello experts,

    My situation:

    1) H1- I have completed 6 years on H1 in Oct 2010.Out of six years,I stayed out of US for more than 1.5 years.
    2) EAD- I had ead since 2007 but started using it since Oct 2010 for first emplyer.
    Now using ead for working with the present (second) employer as a permanent employee.
    3) AP- getting AP regularly since 2007.Used AP twice in 2010 and once in 2011.Initially my H1 emplyer asked me to use it,since I was not on project.
    In 2011, I used it,since my H1 was also expired.

    4) I-485 - filed in July 2007 only for myself on EB3( my family didn't able to come to US during that period)
    PD July 2006

    Earlier my family was situated in India and had H4, so they were able to travel.Since kids are studying ,they prefered to stay there for education.
    Now I am in difficult situation, since if family decides to come to US after the education, they won't be able to travel , since they lost their dependent status.
    Using travel visa won't be helpful for longer stay.

    My previous H1 emplyer told me that the family greencard applications could be filed once the PD becomes current.Based on present dates,it is going to take 5-6 years.

    Options: Is it possible to convert from ead to H1?[I want to use H1 only for the family to maintain their H4 status.With H4, they could be able to travel as per the situation.
    Since I am working as a permanent employee, it will be easy to renew/maintain H1.

    Is it possible to convert ead to H1? What could be the consequences?

    Please advice.:confused:


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  • rockstart
    07-02 03:17 PM
    Have you seen any 2008 case getting approved before 2007.


    I want to sue them for 3 things -

    1) Touching I-140 cases way outside processing times (eg. 2008 when the date is July, 2007)
    2) Approving 2008 cases before 2007, ie., no FIFO
    3) Discrimination against EB3 cases during I-140 stage. I-140 case processing should be independent of Eb category, I have not read any rule where it should be.

    Any idea how to start this process of accountability and justice. After 10 yrs., >$15k invested in a black hole, dealing with **** employers in a fragile economy, but mainly precious time which can never be recovered - I have HAD ENOUGH!!


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  • hebron
    03-26 02:37 PM
    I agree. Could we include location also in this poll. Salary & Location.

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  • suny_saini
    07-22 11:41 PM
    plzzz i need more satisfication and help and suggestions........


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  • jungalee43
    08-27 02:52 PM
    Dear Attorney Prashanthi Reddy,
    Thank you very much for your reply. It helps a lot comforting and relieving tension in the family.
    The denial notice is clear on revocation and withdrawl. My previous employer wrote to them one day after I resigned. He did not waste any time in that.
    Surprisingly the denial notice is silent on the two RFEs and our replies and evidence submitted. It mentions when the I-140 was filed, approved and then the date my first employer advised them to revoke. And then it says "based on forgoing disccussion it is ordered to deny..."
    Once again thanks a lot for your reply.

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  • cableman
    08-07 11:50 AM
    Hello Gurus,

    I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2

    Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.

    I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available

    Thanks in advance

    I understand your pain. I have master and over 8 years experience. For some reason, my company filed my applicaiton for EB-3 *&@#$%^ :mad: I don't understand their intention. I asked HR why and they answered that this was "Company Policy" *&@#$%^ :mad:

    I am also actively looking for a new job which will file EB-2 for me. Let's wish both of us good luck!!


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  • TomPlate
    04-15 09:53 AM
    You would have put some number. Please put 0 and it will be accepted.

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  • akhilmahajan
    07-13 07:22 AM
    Also invited 15 other friends to do the same.

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  • randomdude
    04-21 09:31 AM
    From the replies it looks like the H1 can indeed be applied for. The debatable issue is whether the H1 is valid for 3 more years or two....but thats not a pressing matter at this time...

    06-16 12:10 PM
    I have often heard about visa recapture in these forums, and always that there were lost visa numbers. I came across a DHS site yesterday with statstics on GCs issued, and must admit I am a bit confused about what visa recapture means. The site is DHS | Yearbook of Immigration Statistics: 2009 ( . Looking at table 6 (Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2000 to 2009), we get the following data on EB and FB issuances.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 235,092 231,699 186,880 158,796 214,355 212,970 222,229 194,900 227,761 211,859 2,096,541
    EB 106,642 178,702 173,814 81,727 155,330 246,877 159,081 162,176 166,511 144,034 1,574,894
    Total 341,734 410,401 360,694 240,523 369,685 459,847 381,310 357,076 394,272 355,893 3,671,435

    if we we were to take deltas from the fb cap of 226k and eb cap of 140k, the scenario looks as follows, where a -ive number indicates over allocation.

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB -9,092 -5,699 39,120 67,204 11,645 13,030 3,771 31,100 -1,761 14,141 163,459
    EB 33,358 -38,702 -33,814 58,273 -15,330 -106,877 -19,081 -22,176 -26,511 -4,034 -174,894
    Total 24,266 -44,401 5,306 125,477 -3,685 -93,847 -15,310 8,924 -28,272 10,107 -11,435

    As we can see, cumulatively from 2000-09, 11,435 more visas have been given than actually permitted. Particularly in EB 174k excess visas were given.

    I'm curious to know, what recapture means, when it seems visas have not been lost.

    The only case for recapture is if we only count the years visas were under allocated, and ignore the years it was overallocated. The scenario would look as follows

    Year 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 Total
    FB 0 0 39,120 67,204 11,645 13,030 3,771 31,100 0 14,141 180,011
    EB 33,358 0 0 58,273 0 0 0 0 0 0 91,631
    Total 33,358 0 39,120 125,477 11,645 13,030 3,771 31,100 0 14,141 271,642

    So are we trying to recapture 271k visas from this calculation?

    If the experts could shed some light on this, that would be great.

    02-24 02:54 PM
    Thanks Jerrome for the quick reply.

    Company B can file an H1 for me but since I have already spent 5 years in USA I just have about an year left out of the total 6 years. So that's an issue.

    Also some more info - when I came to USA I was on an H1B which expired in Mar2008 and I filed a COS to L1A. So to my knowledge company B can revoke my L1A and I can go back to H1B without going through the 2009 quota and waiting till Oct2009. And in this way join company B. Is my understanding correct? But in this case my L2-EAD spouse will loose her job.

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