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  • mrdelhiite
    07-24 03:23 PM
    One of my good friend asked me this questions yesterday? I did not have an answer for him and wanted to ask if someone could have any suggestions on this.

    Thanks you for your time.

    His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.

    Thanks
    -M





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  • vinzak
    06-17 12:56 PM
    It is not illegal

    If you create an app for the iPhone, you should be able to put it on the apple store and derive income from it, as long as you have not worked for someone (or yourself) deriving compensation financially, without authorization.




    So if i created an app and sold it, wouldn't i be working for myself and deriving financial compensation?





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  • casinoroyale
    08-21 03:28 PM
    Yes, i used AP before and after that I got my H1B extended with the same employer. I want to get visa stamped as I am still single and need to retain H1B status.

    Based on other's experiences and attorney's suggestions, it seems like one can enter on AP if there are delays in visa issuance, however, i was always cautioned that there might be problems at POE but I have not come across such case (atleast thru forums). Also, I do not think there will be any problems using old or new petition at the consulate for visa stamping as long as its not-expired (obviously).

    CasionRoyale,

    From your previous posts, I gathered that you entered US using AP sometime ago. Now are you going to H1 stamping with a amended H1 petition or are you just using the old petition?

    Do you expect any issues using old petition?
    If there are any can we enter using AP?

    Thanks





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  • dxldad
    05-18 12:00 PM
    Murthy.com has some advice on this situation, please check their site. This is what I understand. Your daughter can board the flight to US based on the valid AP. Once she reaches US, she needs to inform the immigration officer that her GC was approved. The immigration officer has the authority to let her into the country after checking her records. Murthy has this scenario in detail.



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  • pachai_attai
    09-04 09:05 AM
    485 approved on August 31st. Approved 3 weeks after I sent out the RFE.





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  • desireuben
    09-19 12:53 PM
    really sorry for your experience. I hope everything will come out ok and you will get your passport back with visa stamp.
    I am also appearing at mumbai consulate for my 7th year H1B stamping. is that lady's behavior same with other people appearing for visa ? or just for H1 applicant ?
    is it your first time H1 stamping ?



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  • amitjoey
    04-16 04:05 PM
    Yes! I am guessing you can get a refund. Ask for a refund. Why NOT?





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  • senthil
    02-06 10:59 PM
    good question. i guess you were thinking we both were on AOS stage.

    only im on adjustment of status, i havent filed for my spouse yet. i got married after reto kicked in. so the only option for her is to stay here is on H4 and to support that I had to stay on H1B, even thou i have EAD.

    hope this explains. thanks.



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  • alisa
    08-03 10:45 AM
    I am starting this thread for people who are still waiting for their I-140 approvals.

    There is a thread about the delay in I-140 approvals at TSC. However, from what I can tell by looking at data, NSC is worse than TSC.

    The processing dates suggest that NSC is looking at March 2007 I-140 applications. But thats what they have been saying for the last three months.
    In December 07, the processing dates for NSC EB3 were at January 2007.
    In July 2008, the processing dates (NSC, EB3) are at March 2007.

    We are witnessing the birth of another 'backlog elimination center.' This must be pointed out, so that there is a chance that this could be stopped.





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  • GetGC08
    07-30 07:26 PM
    I think EB2 is easy if you have US Masters. Since you have a 3 year degree you need to prove that it is equivalent to US BS degree

    Thanks for the response.

    I have 3 year BS degree in computer science
    &
    3 Year MS degree in computer science. S0 total 6 years in the same field(computer).

    Thanks.



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  • nixstor
    08-23 11:08 AM
    First of all they never did AFAIK. Secondly if they did That would put more than half of the applicants in a situation where they need to find their previous I-94's. If USCIS needs to get all your entry and exit info for the past 10 years and corresponding I-94's I believe they will be talking to Border Security. Even though the airlines take your I-94 away, I believe it will go to a govt agency some how ( I could be wrong).

    In fact every time you changed employers you sent a copy of your current I-94 (current at the time of employer change) to USCIS. So they should have it.

    How about joining the DC area Chapter and volunteering for the rally? If we who are in the DC area don't work on it, who else will?





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  • niceguy
    02-22 06:22 PM
    For me they accepted interfiling and it introduced another problem. I had 140/485 filed with sub LC and before they looked at this concurrent file, another I140 with my original LC approved. Both are in EB2. We asked uscis to use my second approved I140 in place of pending I140 (lc sub). After 6 months, they looked at my concurrent file, sent rfe and denied my first I140 as they didn't agree my BITS-pilani MS is equal to US masters.

    Then they looked at our request on interfiling that was sent 6 months before, then sent an intent to revoke on my approved I140 too with the same reason. Our attorney replied this time equating my AMIETE to US bachelors since they any way denied with Masters. We are still waiting after 2 months+.

    The moral is, they accept the interfiling, but it takes time for them to put it in your file - some one said 2-3 months. You don't receive any ack on successful interfiling though.

    Hope this helps.



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  • coolmanasip
    07-19 09:51 AM
    GURUs cna u reply when you get a chance!





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  • Appu
    09-11 01:10 PM
    http://www.uscis.gov/graphics/publicaffairs/USCISToday_Sep_06.pdf

    According to the illustrious director of uscis, Mr Emilio Gonzalez, the backlog reduction centers have made rapid progress. In feb 2004, form i140 took 11 months to clear, but as of july 2006, there are zero, i repeat 0 backlogs. It is awesome that he is focusing on the positive, but I would also like to know is how many hundreds of thousands are waiting for their first stage labor to clear.

    Ha! If that is so, how come their own friggin website shows a 6 month backlog:

    https://egov.immigration.gov/cris/jsps/Processtimes.jsp?SeviceCenter=Nebraska



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  • peer123
    07-17 10:43 AM
    I am also in somewhat same situation. My Employer didnot pay me for one month and didnot provide paystubs for 4 months. ANy way I sucessfully joined a large corporation as they were willing to listen to my situation. When I ask for pay they say they will suit me as I have joined the client.

    I feel for you man, This is the main reason why left consulting with Desi firms long time ago. The act like parasites,... I am only referring to people who are so, I am not commenting on the large community of good employers....





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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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  • senocular
    01-15 03:26 PM
    Are ovals allowed? I can probably guess the answer to this, but just wanted to double check before I made my entry.

    I guess, similarly, this should include other transformations as well - scaling/skewing (= ovals) or even 3D rotation as available in FP10 ...?





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  • chem2
    08-17 07:07 AM
    The employer cannot ask you to pay H1 filing fees. You may be responsible for attorney fees, but legally the employer is not allowed to charge you for any filing fees they pay the USCIS (the ~1400 $ you mentioned earlier). I have been in the same situation for many years, my employer requires me to pay attorney fees, but they take care of the H1 filing fees.

    I'm no legal expert, but the extra 1000$ tagged on for attorney consultation sounds bogus to me. Attorney fees should include any and all required consultations.

    Since you have no plans to join this employer, you may want to investigate what legal options you have, for example, complaining to DOL, USCIS, etc.

    good luck. i hope everything works out for you.





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  • lostinbeta
    10-21 02:15 AM
    Haha, not with my luck though :(

    Dead shows??????


    :::asks as this thread gets completely off topic:::





    krishna_brc
    02-09 04:22 PM
    Hi,
    Shall I fly or drive ?. Which is the preferred way to get the new I-94. ? Any one did like this before ?. Your help is appreciated.
    Thanks.

    THIS PROCESS IS CALLED DEFERRED INSPECTION - no need to go out of the country

    In the below link find the site/airport closest to your current address.

    http://www.cbp.gov/xp/cgov/toolbox/c...ed_inspection/

    Call up the phone number in the link and fix an appointment.
    Go with Old Passport, new passport and all visa documents and I -94

    Explain the situation to the officer and he/she should be able to rectify at the time of appointment.
    Officer will put the new date on the existing I -94 and update the system and on the card itself. No new I - 94 will be issued.

    Thanks,
    Krishna





    binadh
    07-12 01:52 PM
    On the second thought --- Do you think PR or Citizen Desi's are for us? Any thoughts?