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  • optimystic
    03-19 02:44 PM
    Well...my PD is current and my RD at Nebraska is also current as per thier processing times. But still no LUDs or any other updates so far :( (its been 19 days since my PD became current)

    I already spoke to USCIS IO one week back, and was told its a bit too early, and wait for 45 days and call back if nothing happens until then. They weren't willing to give me the status whether my Namecheck crossed 180 days.

    Just going to wait until April 1, and then call them again. Or get an INFOPASS . What do the gurus suggest?

    [EB3 - I , PD May 2001, RD July 30 07, Nebraska ]





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  • franklin
    07-13 04:23 PM
    BEst of luck to you all for the rally. Take lots of photos. Who is arranging video cameras,digital cameras from IV.

    NJ member
    There are multiple people bringing cameras and camcorders :)





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  • sheelalann
    05-21 12:55 PM
    we should sue wipro :-)





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  • hazishak
    07-31 11:25 PM
    My wife is planning to go for H4 visa stamping in October. My question is can she go alone and what kind of documents she need. Our I-485 applications have reached USCIS on July 2nd. Any reply will be greatly appreciated.



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  • brimos
    05-16 01:58 PM
    Is there anything currently to actually stop us from all throwing in the towel with the LC process and just stating that we've been here for x years and paid $x taxes and getting on the illegal's bandwagon?





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  • raysaikat
    01-06 03:33 PM
    Sincerest thanks for the information. Iam looking at criteria 1 to 10 in the list that you have provided. I believe that I can gather evidence to satisfy 2 criteria�s completely and maybe 1 partially, does that suffice or there is a rule that atleast say 4 / 10 or X / 10 should be satisfied as a minimum. Most of the criteria�s are actually meant for distinguished people in research, whereas my profile is more of an IT application developer / designer.

    Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.

    Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that

    "Evidence that the alien has judged the work of others, either individually or on a panel;"

    This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.

    The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.

    Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).

    In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.



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  • sangeethak31
    07-15 12:16 PM
    As I am going for a H1 Visa renewal, I am not having an attorney.

    Could someone please provide me a template.

    Thanks,
    Sangeetha K





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  • dixie
    10-13 07:36 PM
    You are right .. the US has a big headstart; but that doesnt mean it will remain that way forever. For instance, close to 40% of all US patents are being bagged by either non-US entities or foreign outposts of US organizations. For a comparison, it was just 10% in 1995 .. dont remember where I read this, but I will post the link if I can find it again.

    The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US



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  • kumarc123
    11-06 03:34 PM
    with a PD of Feb'07, be prepared for a several years of wait time. Unless any law passes.
    However there is a silver lining:
    You should thank IV members whose hard work enabled the I485 filing for everyone. Even people with PD of 2007, could file their AOS. You can enjoy your EAD and its benefits.

    Hi there,
    I have a question related to what you just answered. I am on h4 and my wife is on h1. We have our I140 was also approved. Our PD is in 2007, and right now PD date for EB2 INDIA is April 2004. Can I file for EAD before my PD date? and what is AOS?
    My lawyer tells me I cant file for EAD till my PD date is current and I don't want to wait that long
    Please advise.
    I thank all IV members for their support and help.





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  • mbartosik
    11-09 05:42 PM
    http://news.bbc.co.uk/1/hi/health/7087846.stm

    Actually there were two issues.

    1) UK gov changed qualifying period for "indefinite leave to stay" from 4 years to 5 years. Without a grand father clause. UK gov won this.

    2) NHS (state heath system) discriminated against those with UK work visa without "indefinite leave to say". That is called a Highly Skilled Migrant Programme.

    For comparison with US system

    indefinite leave to say == green card. Much easier to get in UK, wait time fixed at 5 years (up from 4).

    Highly Skilled Migrant Programme == H1B H4 and L1 L2 but I think like having an EAD also.

    I wonder given this ruling if those affected can now sue the NHS (National Health Service) over this for compensatory damages.



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  • Sri_
    02-27 02:31 PM
    Hello,
    I have not seen the 485 receipt notice come through and its been over 6 months since I applied. Down the line after a few months we will have to start preparing for EAD and AP renewal and I take it we will need a copy of the 485 receipt notice to file? Any thoughts.

    FYI. I am also in similar situation. Applied on 07/02. I haven't received 485, EAD & AP receipts until now, though I have received FP Notice, EAD & AP Approval. I have called USCIS and made them create Service Request for which I didnot receive response even after 120 days. I took infopass appointment and the officer said that they have sent the receipt notice's in Sep' 07 and were not delivered back. But, me or my attorney haven't received receipts until now.

    Sri_





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  • kumjay
    06-28 03:49 PM
    It's 1947...Now we know not to listen to you :p
    Yeh....1947. Sorry about that.....



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  • maverick_joe
    02-12 03:25 PM
    gc_bulgaria, whos is the primary on your application? you or your spouse?and who falls under ROW?

    These are the following I used on top of the stupid cover letter that I am sure they dont see.

    1. Talk to Congressman's office
    2. Letters and faxes to USCIS
    3. AILA liason (through your lawyer).

    In my case the lawyer's connections helped. Even though my PD is current now as per VB, till they reach my notice date, they will not touch it.





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  • gccovet
    09-04 10:12 AM
    Question : If I get H1 transferred to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.

    NO, I-485 filing > 180, also the I-140 is approved.

    1. Will there be any effect to my GC process in case CURR Company revokes I-140?
    No. if you send AC21 letter, you will not receive NOID (you might get RFE)

    2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
    Yes

    Here is my thought -
    If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
    so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.

    Let say if you start using EAD now, you will have 1 yr 5 months left on your H1B. if there is something wrong with I-485, you can file H1B from different employer (this will not count against quota, as you have unsed 1 yr 5 month left on your H1B), go out of country and come back on H1B (you have more than 1 year left you can start another GC process :))
    just my thought, you might want to validate this with any leagal expert.

    Thank you Amit for your response.
    GCCovet



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  • ruchigup
    08-22 03:52 PM
    Were you kidding or serious? You just quoted the very same name that guy is to avoid.

    Fragomen is the only part missing in the name you mentioned. I hope the other three didn't ditch Fragomen to start DBL..
    Iskreddy, you r rightt.... "Fragomen, Del Rey, Bernsen and Loewy, LLP" is the complete name :-)





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  • akred
    06-08 12:10 AM
    But the letter doesn't seem to address the direct behaviour of the companies in question. Seems like a bunch of broader level issues were tackled - while true, it doesn't address H1B abuse in any way. Wasn't that the point?

    I'm sure that is not addressed in this letter because from their POV there is no abuse.

    The Senators are convieniently overlooking the fact that they need to get deadbeat departments like the DOL and USCIS to shape up. And where is their concern for the American worker when they make these departments process massive loads of illegals without providing additional funding?



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  • rb_248
    04-10 04:39 PM
    How many for MSFT + Infy ?





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  • gc007
    11-21 10:14 AM
    How do you know AP is approved for multiple entries?

    I thought AP in general is for multiple entries.

    Is there a way to tell from your approval notice it your AP was approved for multiple times?

    Thank you.

    If you read the AP it say in the bold letters that " This authorization is valid for multiple applications for parole into the US during the valid period noted above "

    Hope this helps.





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  • chanduv23
    03-03 11:55 AM
    Chanduv23, When you moved to another employer, did they give you a permanent offer letter for your GC process that you would attach with the Ac21 documents or did you use the employment letter that they gave for joining the new company?? Am I confusing you? I meant to ask, since GC is for future employment, did thay give you a separate employment letter for the future job?

    Yes, the wording is very important. When I sent the AC21 documentation, it was just a letter explaining employment details and particulars, but when I replied to NOID, they specifically requested "prospects of employment" - and we responded as "this is a full time permanent job and the prospects are good" - which means they see it as future employment.

    As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.

    Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.





    Aah_GC
    05-30 03:49 PM
    Hi gurus, Please advise

    I have an approved I-140 and july 485 filer, also have valid h1 till 2010.

    I work for company X and have an offer from company Y.

    What are my best options now
    1. Transfer H1 to Y - if yes what impact would this have on my GC processing?
    should the new H1-B Job code match with my Labor Certification?

    2. Use EAD - the complication here is my desi employer filed my labor
    as an IT Manager which i am not and i am not sure the new employer would
    give me the matching offer letter.

    Thanks,
    Krishna:confused:

    Krishna - H1B and EAD are your work permits, so do not confuse it with AC21. Eitherway, if you are leaving your employer after 180 days of 485 application receive date - you are using AC21. Good luck.





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