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REQUIRE_GC

07-12 10:47 AM

Thanks a lot for your valuable input.

But I beleive all the input you mentioned, would be applicable for all kind of employer (Bigger or smaller) and get the RFE for ability to pay. I would like to know if you join the real small emplyer (about 35 employee) would it necessarly cause any other postential issue and/or must be a chance of getting the RFE as joining the such a small employer?

Please let me know.

Thanks for all your input in advance.

I do not think # of employee would be an issue for USCIS as long as they are able to pay you decent salary. One of my freind got GC approved with 10 Employee company. The key is Your company's attorney / officer should be able to respond RFE on time

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krithi

04-23 12:38 PM

First of Change the subject of this thread. This is confusing to state that your I485 is already denied.

To your question:

1. NO you cannot continue to work on EAD once your I-485 is denied. EAD is based on the pending I-485, once that is denied there is no basis for EAD to be valid. You are out of status immediately after the denial.

2. Opening MTR takes months, if you are lucky then it might be quick.

Now a question to you.

1. Why do you think your I-485 will get denied? I assume you have all the documents supporting your legal status in US and on job. If so you should not be worried.

The safe bet:

That is the reason why people maintain dual status with H1/L1. That helps in these kind of situations.

Just my thoughts, better consult with a lawyer if you are in such a situation.

Good luck.

Raj

Raj,

Try to help if you can, if not just shut the **** up, only the person on the wrong side can feel the pain. He'll consult attorney anyways.

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rbalaji5

02-09 05:08 PM

Link - The link is not working..
Krishna/Sri, could you give me the correct link.

Thanks Krishna / Sri for very useful information. I will try this option before the other ones.



Thank you very much.

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abhay

10-30 09:14 AM

Thanks Guys, I called Delhi customer support. They said not to over-write but just to go to the counter and explain the mistake to the consulate officer. Apparently even they cannot edit those fields.

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webm

06-12 01:36 PM

Can someone confirm that if you file I-485 with old fee system and pay for the new fee when you renew EAD and AP, do you still need to pay again on your 2nd time renewal ?

I paid 765 (EAD) - $ 340 and I 131 Advance Parole - $ 305

---------------------
485 filer- June '2007

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nit_sea

01-04 09:50 AM

I am under same situation . My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied .

Can she apply again for COS to F1 after coming back in US on H4 ?

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njdude26

07-12 02:25 PM

it is highly unfortunate......if you dont mind, what is the new procedure, can we know? which stage u r in now? where u have to start it?

good luck.....

I'm sorry but I have no idea what the new procedure is. The attorney just informed me that there is a new procedure and he emailed them all the info. So I assume that the new procedure is an email based system .

This is an RIR filed in Oct'02 in PBEC

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jayleno

08-05 09:24 AM

Hmm....and you think the world is Crazy? Interesting stuff ..bud.
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.

Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?

Thanks,

India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;

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gultie2k

07-07 01:42 PM

Ganguteli and Saxena...

Even though your intention may be right...the means is not. Hoping for bad of others to get help is SICK!!

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TeddyKoochu

04-22 03:47 PM

Congratulations HBK, what a relief to hear the good news on your case, I am in the same situation and started collecting papers to apply on normal processing will update all of you how it goes. same Vermont ..I am applying.

Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.

May GOD Bless all.

USCIS Policy Memo site link below see for yourself.

USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)

I think you are right, hopefully its going to be a matter of time. What a great relief.

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optimist578

11-19 09:56 AM

Hello All,

I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?

Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?


Please advice!

I am also searching for directions to the university. But I don't think EAD would allow you to move to full-time student status. EAD is Employment Authorization Document and can be used only for employment, as far as I know. I will check with my lawyer too.

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Redeye

08-21 03:21 PM

Thank you, however I was not expecting it.

Be nice, give it forward. It easy to be frustrated does not take much, it takes a lot to be nice.

Njoy life . Buy a corvette. :)


Thanks, I gave you some green dots for your answers.
You asked about my age: I will be 40yrs old this December..

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Ramba

07-31 05:57 PM

Extension of H1B beyond six year, is possible only if any employment based greeen card applications (like Labor Certification and 140) is pending or approved. As your mom is not having any Employment based GC applications pending, she can't apply H1B extension beyond six years. The best advise is leave the country before expiry of I-94 and enter thro CP based on I-130; Dont count on 180 day period. If she want to stay in US to file AOS based on I-130, she has to find a way to change of other non-immigrant status like student etc..

(to check your luck, apply H1B extension with a request that I-130 was already approved and PD is very close to become current and request to grant an extension for an year based on current family situation and to avoid leaving the country.USCIS may buy this request and but not gurenteed.. Any way consult a good lawyer for other options)

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inskrish

07-16 05:27 PM

Hi,

Just FYI. The original poster (GCKabhayega) has a long history of posting such messages with sensitive titles, by giving an impression as if the Visa Bullettin or Processing Times were released. You can confirm this by looking at his/her old posts.

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like_watching_paint_dry

08-20 10:58 PM

Before I slowly forget all the various pain points from the past, I'm going to add this one detail that people usually neglect:

The new process requires you to deposit a the visa processing fees at a local branch of Nova Scotia Bank and get a deposit slip to submit with the visa application when you go into the consulate. Most banks open at 9 am - 10 am. So if you have an early appointment, be sure to go there the previous business day and get the fees stuff taken care of. If not, you will find yourself scrambling to get this done at the last minute.

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nomorelogins

01-28 08:52 PM

@nozerd,
could you please explain the logic/rules.
The logic is that if both parents are Indians even if kid is born in US and travels on US passport as kid they have until the age of 18 to choose.

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jungalee43

02-11 08:18 PM

Submitted the petition. Works somoothly.

http://www.thedegreepeople.com/eb-petition.html

So go ahead on sign in the petition. Dont know how far it goes but atleast it does something good.

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coolman

06-22 04:11 PM

Which is the best place(Kinkos,Sears,Ritz) to take photos for I-485?

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coolmanasip

07-19 10:35 AM

tnite.... thanks for the detailed reply........I forwarded this exchange to him........should make him happy and relaxed!!!

Thanks much!

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dontcareanymore

08-24 11:50 AM

I lost the hope of GC after working 10 years in US because my GC is not approving.

Is it possible to file case against my employer and ask to return money that they deduct from me for GC and the % that they earned from me in last 8 years. I joined my employer for smooth GC process but even my I140 is not approved. My labor went to backlog. Once labor approved than I140 is pending for last 30 months. USCIS is trying to find out that my company is legitimate or not.
Do not argue how I know that I140 is pending because of company. Please let what is process to inform USCIS about my employer. My company files GC so that no one should leave the company. Employer gives hope about GC but I140 never approves. What all evidence I have to collect so that I can prove against my employer. Please suggest.

Settle down. You seem frustrated and perhaps justifiably so. But you are trying to blame every thing on the employer ( I am in no way trying to support fraudulent employers as much as I don't support fraudulent employees).

I did not check your PD. You will get your day....stay calm.

At least based on your post you agreed to get a percentage of your billing rate and agreed to pay for the GC expenses. [I don't think it is illegal (now) for employees to pay for GC expenses]. Your employer does not have control on how long the process would take and apparently they had spent money processing your GC.

Based on the facts you gave :

1) Your employer has been paying more than the salary mentioned in your contract.
2) You don't have any proof that you paid them for GC process.
3) You did not provide any information that suggests they are willfully delaying your case.

What do you think are the grounds on which you can go against them ? I guess you are free to leave the company any time if you think you are making too much money for them, and you want to take full advantage of your skills by going elsewhere....

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BharatPremi

03-11 02:17 PM

Person "A" on H1B with 4 yrs of experience, Green Card filed, EAD received (both husband and wife), I-140 pending, Wife Dependant (has her own H1B), Wife opens a training institute.

1. Can "A" work for his wife and also get paid in check?
2. Can "A" have a second job in his wife's company and retain his original job?
3. Can "A" have a different occupation anywhere else on EAD not related to his original job role? and then can "A" get paid in check?
4. Can "A" work for his wife's company and instead wife gets the check or paid? Is that legal?
5. Can "A"'s wife open a company on EAD and also keep working on her H1B?
6. Can "A" and his wife after EAD work for 2 different jobs if the job description/roles are different?
7. Can "A" work as volunteer in his wife's company?
8. Can a software analyst working with a software company work as a trainer in a training institute on EAD with I-140 either pending or approved?

You are not DESI... How dare you to think about working for wife...Thst's not in true DESI's blood.. Wife should work for you:p:)

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