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  • imbond707@yahoo.com
    07-13 09:20 AM
    rsn75,

    Thanks for providing link for FOIA Request Status Check (http://www.uscis.gov/portal/site/uscis/menuitem.8d416137d08f80a2b1935610748191a0/?vgnextoid=f3a2ba87c7a29110VgnVCM1000004718190aRCR D&vgnextchannel=f3a2ba87c7a29110VgnVCM1000004718190a RCRD). I requested I-140 Approval Notice. My status shows 'Your request is currently number 3869 of 5790 pending requests in Track One.'





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  • funny
    09-29 01:21 PM
    No offense to anyone, you are still free to discuss anything you want.

    The purpose of this thread was to get information from the immigration point of view and wether its ok to start your company if you have 485 pending and what effect it might have on your GC process and also to get valuable information from people who have already started their own company.

    Guys Please post valuable information on this thread, so that it can help other people who are planning to start their own company.





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  • bombay707
    11-16 09:02 AM
    Go for it , change the job. They will not do nothing , can only threaten u. U paid the money for the H1. So u are in full control.





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  • rongha_2000
    03-18 05:15 PM
    Thanks for your reply.

    I really dont care what my company policy says because as I look at it, it should be my decision whether to work on EAD or continue on H1-B. If they switch my work authorization without my knowledge, then it will be a classic case for lawsuit. Moreoever the policy is not documented anywhere.

    As long as you dont use your EAD, you can continue working on H1B.

    In fact, if it is the same employer as your GC sponsor, you dont have to do anything.

    The thing to remember is to extend your H1B if you do a H1B transfer so you dont have any issues at the time of transfer.

    All this is assuming that your company policy can handle exceptions to the policy :)

    Thanks!



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  • cygent
    03-17 06:03 PM
    I would try get Alan Greenspan back into office :rolleyes:
    Bernanke does not seem that qualified IMHO.





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  • Jitamitra
    07-19 04:16 PM
    I think most important things you need to consider: (Considering the fact that PD will be pushed back to stone ages in September Bulletin)

    a) Hope that your I-485 Application is not approved before your PD becomes current. If this happens, it's a royal screw up until your wife keep's her own status (F1, H1).

    b) Earlier, it was predicatable when your PD would become current and it allowed most of the folks to add their spouses at later time.

    c) Bigger question is whether they would process on the basis of PD or RD. I think it's unfair to do it on basis of RD as most of the people would be jumping lines. Currently it's done on the basis of RD, but USCIS might change their SOP because of this July VB Fiasco.

    d) As others suggested, make sure to maintain your H1B status as long as possible without invoking your EAD. This way, you can continue to keep your wife on H4 status (Unless she can keep her own status for atleast another 2-3 years).

    I am in the same boat with EB-2 PD of Aug 2005. My spouse is outside US to get her F1-H1B stamping as her OPT Expired few weeks back.

    Hope, USCIS would allow filing for dependents at a later stage even your PD is not current. :confused:



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  • rick_rajvanshi
    08-13 06:49 PM
    http://blogs.ilw.com/gregsiskind/files/ead_guideline.pdf

    Read the second last question





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  • nashim
    06-30 01:48 PM
    Is finger print required for AP efiling? thanks



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  • EkAurAaya
    11-08 02:44 PM
    msgs like this help establish the notion that this is an indian website dedicated to indian immigration issues. I didnt see any post wishing happy Eid/ Eid Mubarak nor did I notice last year that anyone wished a Merry Christmas/ Happy Holidays, nor do we wish our Chinese friends a Happy Chinese New Year.

    Dont worry about people who think this is an "Indian website" - even if you scream your lungs out they wont understand ;)

    Besides your GC process wont stop if you wish Happy Diwali :D

    Cheer up!


    Happy Diwali to everyone!!!

    May God bless you and your family always!
    (irrespective of your nationality ;) )





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  • styrum
    02-09 02:24 PM
    I couldn't really find any information about the appeal process on the LC once it is denied. the ironic thing is that my first LC was approved then after I got promoted to a senior position and applied for a second LC, the 2nd LC was denied because they think there is no difference between the 1st and 2nd position. does the DOL have an automatic system that processes the LC and that why it coudn't see the difference between the 2 positions??
    where can i find more info about the appeal process?? any links to go to??

    Styrum: did your lawyer give you any info on how long the appeal process takes? and the probability of success in the appeal?? Thanks
    The appeal process is described in PERM regulations:

    http://www.foreignlaborcert.doleta.gov/pdf/PERM_Final_Rule_12-27-04_FR.pdf

    4-6 months that's what I heard from an attorney. The reason I am preparing 2nd filing is that the chance of approval of my first PERM on appeal is slim. Yes the initial reason for denial is bogus, but they may still deny it because of "too restrictive requirements"



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  • hopefulgc
    07-04 02:22 PM
    I am not sure how encouraging it will be for you to hear about some of our friends in tristate area.
    Pretty much like you (Desi employers, 80/20 or 70/30 arrangements, found contracts through dice/monster/hotjobs, filed in jul 07 fiasco and AC21'ed off to full time positions). There is nothing wrong with these arrangements but unfortunately they are considered pretty much illegal from the H1b & immigration point of view.


    Employers of many of them who have received their GC and many who are pending are currently being investigated. First they closed the gaping hole called substitution and now they are after all these sketchy employers and the petitions pending/approved through them.

    It sucks for people whose petitions have been approved and are now trying to crystallize their lives by buying homes, etc. Administration holds the trump card in that they can revoke GC/citizenship anytime.

    Few of these desi employers were nice enough to notify the beneficiaries. Many of these cases involve people who filed for EB2 i-140 to capture their EB3 dates after changing employers.





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  • pointlesswait
    01-13 01:58 PM
    Eb2 have never moved beyond may 2004.. so until it goes past that.. these movements are not really worth anything.. it has to overcome that resistance.. then maybe 2005 will be a reality

    ..


    Slow and steady is good in contrast to arbitrary, jerky movements, suddenly forward and then suddenly backward into the ice age, which does only harm and no good to anyone. Like they did it in July 07 and then closed down the gates.

    I'm hoping EB2-I marches right into 2005.
    Hopefully, EB3-I will also see forward movements well into 2002. Let's keep all our fingers crossed.



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  • rick_rajvanshi
    05-29 12:34 PM
    Absolutely true, It is torturing the kids for the aspirations of the parents to be seen in the national TV and for award.
    It is not the poor kids are not getting the award, it is the parent, especially it is the trend with indians.


    Not to forget kids who won Geography-Bee few days back. Indian performed second and the kid who came first was Chinese.

    http://www.nationalgeographic.com/geobee/





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  • Caliber
    04-02 02:40 PM
    ...$100. Good Luck for everything and keep the Faith! :)

    Thank you so much mantagon. A ray of hope in between such stupid posts.

    God bless you.



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  • axp817
    06-10 09:34 PM
    Thanks for your informed comments. Like you, I am also surprised to find many people in this forum, who are interested in fire arms.

    I don't own a fire arm and not planning to while the immigration status is not yet Citizenship. I don't want the authorities to give another reason to look into my case. I just go for fishing once in a while.

    But our family owns two guns in India and have worked with guns from childhood.

    Another point is I am very much impressed with how the Americans manage wild life and the nature in general. They enjoy it while preserving it. India does neither. We just destroy it, and write eloquent speeches on nature protection.

    Thank you, always glad to help. Many years ago, I was looking for answers to these questions and had to do my own research, internet forums weren't as big then.

    I am a hunter as well, and when I went through hunter education, I was amazed to learn how serious the west was about wildlife and nature conservation. Hunting is a very important part of nature conservation. Every country that legalizes hunting, does so in a controlled manner in order to prevent a biological surplus in a species' habitat.

    I don't fish that often, except for the odd deep sea fishing trip when the weather is nice, but anything that can get one outdoors breathing fresh air wins my vote.

    godspeed,





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  • pcs
    05-22 03:08 PM
    All members...

    Please contribute



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  • Suva
    07-19 11:23 AM
    EB3, Delivered on 2nd July at 9.01 AM





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  • mmk123
    07-29 03:17 PM
    dougjones, it took you 2 yrs to reply for a thread in 2007? You seem many light-years away from all the issues that are faced by EB professionals.

    Listening to EB folks is a win-win situation for both this country and the professionals. May be more win situation for the country than professionals.

    If using civilized, peaceful, democratic way of asking for right things is crying, then yes, I am a cry-baby because it is better to be such a cry-baby than anti-immigrant, nativist abusers on various forums.

    well, we expect reply in next 2 yrs because that's the delay right now ;)





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  • chanduv23
    09-22 02:37 PM
    My I485 is still pending (> 180 days filed on July27th '07). I have my renewed EAD valid for the next 2 years. I have been out of project for 4 months and my employer , who filed my GC, terminated my health coverage too. Iam using my COBRA option.

    Recently, i have applied for a perm position using EAD . I explained to the client about by current status of GC. They wanted to know what they are supposed to do for it. I told them i need to 'invoke' a law called AC21.(pardon my ignorance if iam wrong) inorder to transfer my pending application.

    Now the big question is, how do i initiate this whole process?

    I really apreaciate all your suggestions.

    Invoking AC21 is easy, but you need to know what you can expect and how to resolve it

    (1) If you decided to change to new employer using EAD - there is nothing you need to do. Just join and work.
    (2) As employer is asking what they need to do - tell them they need to provide an AC21 letter of support - you can find various formats on the web.
    (3) Your new job must be in same or similar category.
    (4) Call customer service to verify your address on file - also hire a personal attorney and make sure they file g 28 and have them on file too for USCIS communication
    (5) Your AC21 letter may/may not reach your file depending on the service center, officer and a lot of other factors.
    (6) Usually most AC21 cases go through just fine unless your ex employer requests a revoke on i 140 - in such a situation you may get an RFE, NOID or a straight denial on 485 - nothing to worry about - you can resolve all these and you will find yourself back on track.

    Hope this helps





    h1techSlave
    04-17 02:45 PM
    Yes but in Canada you will breathe clean air and drink clean water. You will have electricity 24 hrs a day and water 24 hrs a day. You wont find trash on the street and you wont be considered second class citizen if you arent SC/ST/OBC due to reservations. You woint have to give "donations" to get your kid admitted to Class 1. You wont face a system where a simple court case drags to 50 yrs or a case where doctor will not treat if before police does a "Panchnama" if you had an accident. You wont have to bribe everyone from minucipality to police to start a business.

    I have driven in and around Toronto for a couple of hours and did not find it much better than driving in Trivandrum/Cochin.

    Other points, I can only talk relating to the US and here we go.
    "you will breathe clean air and drink clean water." - The air in the US is as polluted as that in India as attested by the rising level of Asthma and the repeated Code Red warnings during summer time. Almost same story for water. About a year back, the DC govt. even admitted that the water supplied by them contains too much bad stuff.

    "You wont find trash on the street" - only when you live in a decent community. Just walk around half an hour around NorthEast DC and hope you will change your mind. Do not attempt to walk around the downtown of any US city after 6 PM. We don't want to loose any of the IV members.

    "you wont be considered second class citizen if you arent SC/ST/OBC due to reservations." - Who is considered second class citizens is a subject unto itself. But if you are complaining about reservations, you have never heard of affirmative action.

    "You woint have to give "donations" to get your kid admitted to Class 1." - Agreed public schools are free, just like they are free in India. If you want your kid to study in a private school, please pay $5000 per year.

    "You wont face a system where a simple court case drags to 50 yrs" - I had prefer a case dragging for 50 years or more against a wrong court decision such as we saw during the 2000 US presidential election.

    "a case where doctor will not treat if before police does a "Panchnama" if you had an accident" - I think the situation in India has now changed regarding hospitals refucing to treat people due to police case and such. Now, all hospitals (private hospitals included) are required to treat traffic accident victims asap.

    I am not trying to say, India is paradise. We have lots of crap going around. Many things still stink, but so is the situation in many "great" countries.

    Cheers,
    h1techSlave





    gcnirvana
    10-12 03:45 PM
    I heard it in NPR couple of days ago that it starts Nov 13th. They were talking about Physicians trying to push for a Medicare pay increase during the lame duck session. Aren't they getting paid more than enuf :mad:

    does anyone have any idea when the lame duck session is scheduled to take place?



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