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  • gcwait2007
    02-29 11:53 AM
    Dear members,

    I am on H1B with I-485 Pending and i have layoff coming. I have Approved EAD but i haven't used it. How much time I have to find another job without loosing H1B Status?

    I appreciate your help

    You have not mentioned whether your I-140 is still pending.

    If your I-140 was approved already, then you can use AC21 portability.

    If both your I-140 & I-485 are pending and if you plan to use AC21, USCIS will process your GC as per the following guidelines contained in yates memo.

    http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

    The above memo is relevant to I-140 pending situation.





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  • amitga
    07-23 04:19 PM
    Its showing pretty old "May 30th" processing time.





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  • IVMovies
    11-20 04:56 PM
    No. It is not from IV Core again. Once Core team makes their decision on this they will post it separately.





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  • chanduv23
    11-08 03:15 PM
    These are the reasons

    (1) Employers will have ability to pay issues or just do not want to carry paperwork after you leave - cancelling 140 is beneficial for them - they win the goodwill of USCIS

    (2) For USCIS - handling AC21 paperwork means assigning an IO and time and resources - without any fee associated - it is easier to send denial and get money through MTR so that the IO can be working on your case as "billable work" and not "free work"

    (3) The intent of long duration standards set by USCIS is nto make immigration difficult and not easy, so when one changes job using AC21 - with no process in place - it is easy to mess up things rather than fixing them.

    (4) In reality - in a perfect world - there is no need for AC21 regulations - this is just a provision for cases where there are long delays - so I doubt if this process will be officially handled through forms and fees and procedures - USCIS handles this only through memos and IOs have their own way.

    Please participate in the AC21 campaign and lets make it a success. We have to stop seeing denials and start seeing atleast RFE or NOID



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  • smsthss
    11-20 08:33 AM
    I received an RFE too in Nov 1st week. It was about the evaluation. (It was submitted earlier but still) Lawyer mailed them the required document and now the status has changed to "We received your response to the request on Nov 14th and the case processing has resumed".

    How many days does it take them now to make a decision? (Btw I am EB3 and my 140 submission date was Nov 2006)
    how many days did it take for you to receive the rfe notice from the date they mailed you?? was u r s a 3 yr degree or a 4 yr degree?





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  • va_labor2002
    06-22 03:55 PM
    I agree .. this should be tried. I do not know heard about this minister before,
    my apologies but by title of Ministry he seems to be a appropriate to apprach
    for help.

    The Ministry of Overseas Indian Affairs is headed by Vayalar Ravi, who has the rank of a Cabinet Minister. On the administrative side, a Secretary to the Government of India heads the Ministry.

    Presently, the Ministry is organized into three functional divisions and three functional units. Of the three Divisions, two are headed by Joint Secretaries. They are the Diaspora Services Division and the Financial Services Division.

    The Protector General of Emigrants (PGoE) heads the Overseas Employment Services Division. The Social Services Unit and the Management Services Unit are staffed with officers of the rank of Deputy Secretary. The Information Services Unit is headed by the Senior Technical Director (NIC).

    Check out their site;

    http://www.overseasindian.in/

    Ministry of Overseas Indian Affairs
    9th Floor, Akbar Bhawan, Chankya Puri
    New Delhi - 110 021, India
    Phone Number: +91(11) 2419 7900
    Email: contact@overseasindian.in


    Indian Embassy in Washington DC
    -------------------------------
    Chancery
    2107 Massachusetts Avenue, NW
    Washington, DC 20008
    USA - 20008
    Telephone: (202) 939-7000
    Fax: (202) 265-4351
    Embassy Hours: 930 AM - 600 PM


    Mr Vayalar Ravi is a good politician. He is very reasonable and educated person from Kerala. He was a lawyer by profession. He can understand our problems !



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  • swadeshi
    10-05 12:41 PM
    Please help me. There is no LUD on my status online. I had my finger printing done on sept 19. CODE 3. For both my husband and me!! I don't see any updates on the status online. Can someone tell me what I should do? FBI says they sent the prints the same day!!!!

    Am I stuck in Name check already?? How do you know this?????

    I called customer care USCIS, they say they don't have information regarding finger prints and you don't see updates regarding fingerprinting online. Is this true?

    PLEASE HELP. YOUR ADVICE WILL BE VALUABLE TO ME IMMENSELY

    Hang in there is all one can say, there are hundreds of people still waiting for their RN, without checks being cashed whats the hurry?? didn't you see news that USCIS received 800,000 485 packages!! it might take time but wht can u or I do!!





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  • somegchuh
    05-30 03:30 PM
    There are many possible explanations of why they are willing to make changes to accomodate the illegal immigrants.

    off course its the vote bank politics but I think psycologically nobody is intimidated by ppl who come to US and are happy to do low-skilled work. They don't work in high-skilled or unionized jobs. They are largely employed by restaurant, cab-companies etc. These are jobs citizens really don't care for.

    Whereas the job that H1 workers have... most ppl (in theory) would like to have them. It remains debatable how many native-born americans actually want to take hardcore technical jobs.



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  • maddipati1
    12-03 03:33 PM
    dvb123, good one, thx for posting, very useful,
    please post the link to the source

    10/31/2008: PERM Filing Alert for IT Occupations and Certain Professional Occupations





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  • SK2007
    10-12 10:19 AM
    Hi All,

    Could someone provide some guidance regarding my situation:

    1. Currently on 6th year H1-B valid till Mar, 2008, with visa stamped in Mumbai Feb 2005.
    2. Have applied for I-485, AP, EAD on June 25, 2007 as dependent on spouse's employment based GC (India, EB3, , priority date Jan 2003). Got EAD, have FP done.
    3. The last time I came back from India in Feb 05 after visa stamping, I-94 was stamped with expiry date of 12/26/06 since passport was expiring then. Officer said I could go to local USCIS office and get new I-94 when I get passport renewed.
    4. Went to local office with new passport, and officer says they cannot issue new I-94, and that I-94 at bottom of H1 is the valid one, no issues.

    Finally coming to the main issue -> Recently got a new job and company wants to transfer H1, but says cannot apply for H1 transfer until I get a corrected I-94 from the airport I entered from.

    Anyone with similar experiences, or knowledge of how to get a corrected I-94 ?

    Also, any implications of my situation on the I-485 process ?

    Thanks a lot for any input!

    DVB


    The easiest option is to travel outside the country and come back and get a new I-94. You might want tot go back to the local office where you went earlier, they might not issue a new I-94, but will be able to correct the date on the issued I-94, after you explain them the situation. A similar thibg happened to my wife on H4 few years ago. We went to the local office (Boston) and got it fixed.



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  • eager_immi
    01-25 11:58 AM
    Nobody is policing here. This is to inspire some of those 8,394 "mature adults" who made no contribution yet love to surf this site. We are all starting to think that core group is wasting its time if only 212 members out of 8,606 (only 2.4 %) want to support this organization.

    Your logic does not really make sense to me. If I contribute X amount, I do so because I believe in IV's cause (which is my cause too) and not because someone else has contributed Y amount.

    I think we are all mature adults and not school kids, and do not require such kind of policing.





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  • amitjoey
    11-19 05:08 PM
    Why is this topic being discussed. masters, no masters, eb2/eb3/ India vs china vs world. Who cares?
    Do you think the politicians or their staff understand these nuances? do they understand any of the steps? I140/i1485/labor? NO. And nobody cares.

    FOR ONCE, if we all get united and rally behind IV, NOT GET DISTRACTED, WE CAN ACHIEVE SOMETHING FOR EVERYBODY.

    There is a golden opportunity right now for once to eliminate all backlog

    Please take the action item seriously and after you have sent emails out, Please encourage others to do the same.
    Then take appointments at your congressman/woman/senators office next week. Ask them to support the two ammendments to the DREAM ACT. That is it!!

    Do not talk about any other issue while at the appointment, the message we need right now is for them (the lawmakers) is to support those two ammendments, DO NOT DILUTE THE MESSAGE By adding/confusing them with other related issues or personal issues.

    Imagine if we all are united and stuck to the message, next week and week after if there are hundreds (wish thousands) of us going into our lawmakers offices and asking for these -just two ammendments. The message will be loud and clear and they might just get it.
    Imagine this vs the second scenario where members go in and are inconsistent and talk about all the problems in the Immigration-Universe- EAD Delays, Masters, H1/EB3/EB2/QUOTA?. They will not understand any of this and it will confuse them thinking each one of us has a small unique problem-

    That is why we need everybody to be consistent and focus on the message. It will make them take notice and gain their support.



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  • willwin
    09-22 12:29 PM
    there remains a sliver of hope- its called the lame duck session when a lot of such measures are passed. post election, everyone feels "safer".
    a marked up bill, ready for the house, could sneak through in the post election season. we have to keep trying!

    Thanks Paskal!

    This is exactly the kind of communication we need from the core.





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  • JunRN
    09-18 04:21 PM
    C09 means you're are applying for EAD based on pending I-485 application.

    Regarding Section and PD, I am not sure of the impact of that. Let's wait for others who have knowledge about that to answer. What I believe is that these two fields are not that important in EAD processing. EAD is processed according to EAD Receipt Date, not PD.



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  • willigetgc?
    02-25 09:35 AM
    You are right leo.

    My question is - is quantity all that matters? We need lots of people to participate, but at the same time, I believe that people need to agree with IV provisions too, to be a passionate representative in lawmaker meetings. If the person is thinking twice to register (for free, and believes that registration will help IV), how dedicated and passionate will he be in articulating the IV provisions?

    I would prefer to have quality of members over quantity of members. (I am only talking about dedication of members). Am I being judgmental? Maybe I am. But I believe my logic is right. You see, the person who does not want to register is also being judgmental, unapologetic, and he probably believes in his logic. He is entitled to his opinion (as I am), however, IV should not sacrifice its integrity to get members who do not believe in it.

    Accommodating people who cannot extend the same courtesy to an organization working for their own benefit?

    If people who are affected by 485 prefiling , or want to participate in the advocacy efforts, they can think in:

    There is an org that is working on this issue, it will benefit me, I don't know much about it, let me find out more and see if I can help.
    There is an org that is working on this issue, it will benefit me, I don't know much about it, I don't think it is possible to get the job done, I don't want to spend my time on it, I will stay away from it.
    There is an org that is working on this issue, it will benefit me, I don't know much about it, I don't think it is possible to get the job done, I will spend the time to sabotage it.


    You can only work with group #1.





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  • suriajay12
    09-16 06:36 AM
    I would consult an expert attorney and ASAP.
    Ajay.



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  • visshy
    07-15 07:44 PM
    registering myself





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  • pappu
    08-16 08:59 AM
    Pappu,

    Do I need to post my question on this thread or I can pass it on before in time to StarSun or you? B'cause posting my GC issue with personal information would not look appropriate on a public forum.

    Let me know.

    If you have privacy concerns (you should not be as everyone is identified only by their usernames on IV forum) you can email starsun and then be available to ask it yourself in the call





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  • sammyb
    11-19 04:54 PM
    Mine is LC SUB PD May 2001/EB2. File on visa fiasco, no update no LUD on any file other than EAD.

    So do not get angree on people who used LC SUb.

    my point is don't try to forget your route and the path that you travelled to reach the point where you are today ... it is as simple as that ... anyway I should stop writing about this and rather go home early ;) ...





    desi3933
    06-25 03:30 PM
    I double checked with my attorney , either or AP or EAD usage will change your status, ie H1 is no more valid.

    http://www.immigrationportal.com/archive/index.php/t-215457.html





    smartboy75
    07-09 11:20 AM
    Some good news..if it infact becomes a reality...

    Sorry guys ..posting in the wrong forumn so that maximum IV members can be aware of the development...

    Another Indo-US deal moves forward: Indian workers can get Social Security money back
    Vikas Dhoot
    Posted online: Tuesday, July 08, 2008 at 0037 hrs IST
    New Delhi, July 7
    With Prime Minister Manmohan Singh�s government finally moving forward on the Indo-US nuclear deal, the Bush administration is also demonstrating its keenness to resolve other crucial bilateral issues in India�s interest. A long-standing Indian demand for a social security pact that allows Indian workers stationed in the US to bring back their contributions to the US Social Security system on their return to India, is close to being met.
    Over $1 billion of contributions to the US Social Security Fund are made annually by an estimated 80,000 �detached workers� from India working on consultancy and onsite assignments � each one has to contribute at the rate of 15% of basic salary. However, when they return to India, these contributions are forfeited as the minimum period to qualify for pension benefits in the US is 10 years (the same is true of India as well).
    After a series of meetings between Indian officials and the US Social Security Administration as well as a senior White House official in Washington last week, Indian workers� annual donations to the US social security fund � which currently has a $4.1 trillion deficit � may finally come to an end.
    �We are close to sealing the pact. Indian workers who spend three years in the US would get a refund of their contributions to the US pension system. Moreover, the pension will also be portable � once a worker completes the qualifying period of 10 years, the pension will be payable in either country,� a senior government official said.
    The US has such �social security totalisation� pacts with 22 countries, whereby workers who spend three years in the US hold on to their pension benefits as the 10-year qualifying period takes into account the time spent by workers in their original country�s pension system. India has recently signed such deals with Belgium and Germany.
    �If both US and India have bilaterals with a third country, the totalisation and portability principles will apply in those cases as well. So a worker could spend 4 years in India, 3 years in US and 3 years elsewhere, without losing retirement funds,� the official added. Bilateral talks on the issue had intensified after Singh and Bush issued the joint statement on July 18, 2005 to move towards a new strategic relationship. Last December, the US Social Security Secretary visited New Delhi, but little progress was made. Under Section 233 of US social security laws, international agreements may only be arrived at with countries with a �generally applicable� social insurance or pension system.
    Between December 2007 and now, India has made some progress on this front which it convinced the US administration about. The Unorganised Sector Workers� Social Security Bill has been introduced in Parliament as well as reviewed by a standing committee. The Rashtriya Swasthya Bima Yojana has also been kicked off.
    �It has been an intractable wall we have been chipping away at for years, but this time, we feel they are convinced that there is a sound social security sytem in India,� the official said. If India succeeds in formalizing the pact, it will be only the second Asian country after South Korea to do so. Once signed, the US President will have to report the deal to the Congress with a report on the estimated number of individuals affected and its effect on the Social Security fund�s flows.

    Source: http://www.indianexpress.com/story/332763.html



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