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  • addsf345
    08-20 12:58 PM
    Here are the answers -

    You have H1-B I-797, You may have H1-B Stamp, Your I-94 says H1-B, Therefore Your Status is H-1B, Your Work Authorization Document is H1-B.

    You file 485, You file for AP and EAD, You get AP and EAD, You haven't used either yet.

    You exit USA, You return to USA using AP.

    Your I-94 now says "Parolee", Your status now in USA is "Parolee/Pending AOS"

    Your Work Authorization for SAME (continuing) employer is H1-B
    A.K.A. NO NEED to use EAD.

    There is NO SUCH THING as H1-B Transfer
    Every H1-B filing is a new one, USCIS checks if
    1) You have valid remaining 6 year period at the time this new H1-B that they have received AND
    2) You have been counted against the H1-B before in the last 6 years or not.

    So now after I-94 says "Parolee/Pending AOS", You CAN
    A) Extend your H1-B with the SAME EMPLOYER provided you have time left in your 6 year window
    OR
    B) File a new H1-B with a DIFFERENT EMPLOYER provided you have time left in your 6 year window AND you are counted in the cap
    OR
    C) Move to this DIFFERENT EMPLOYER WITHOUT filing H1-B by using your EAD.
    in scenario A) your status CHANGES from "Parolee/WaitingAOS" to H1-B with SAME EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you keep working on current H1-B that is being extended
    in scenario B) your status CHANGES from "Parolee/WaitingAOS" to H1-B with DIFFERENT EMPLOYER once you receive your new I-797 that has I-94 at the bottom, you start working on new H1-B receipt notice until that gets approved and then on the new approved H1-B
    in scenario C) your status STAYS "Parolee/WaitingAOS", you start working on your EAD which is NOT tied to any employer.

    Many people FEAR that they should CLING ON TO H1-B "just in case" 485 is denied. Well that fear is not well placed since if your 485 is denied at any point in either scenario A) or B) even though you may remain "IN STATUS" you probably have run out of 6 year clock by then. Conversely, in scenario C) in case of 485 denial, even though you may temporarily become "OUT OF STATUS" you can immediately file H1-B with the working or a different employer to get back "IN STATUS" if your clock has not expired by then.

    between scenarios B) and C), scenario C) is simpler and easier as long as the job is same/similar if you are using AC-21.

    Hope This Helps.

    very good information. Thanks add78.

    Small query. If I am in my sixth year of H1B today, and if I file for H1 extension,
    1. with same employer, I actually got 3 years extension. (being 140 approved)
    2. with diff. employer, would I get 3 years or just six months, or not at all?




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  • eastindia
    01-08 07:47 PM
    This shows that the backlog is more than the numbers on USCIS website. People need to stop wasting time on tracking and spend time in their office work. Backlog means more business money for lawyers and trackers. IV is very small. Unless IV had hundreds of thousands of members, they cannot do lobbying like AILA or Microsoft. EB3 India and now EB3ROW is in a pitiable state. All those EB3ROW who used to be happy will now see the reality. Thank god I ported to EB2 but the dates for EB2 do not move enough. I think anyone who can should port to EB2 ASAP. This is the only solution.




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  • gk_2000
    04-22 06:35 PM
    Well.. everybody is posting OPINIONS here, so whatever is your point there.
    Can you quote the section of the US constitution that prevents discrimination based on "country of origin"?

    Thanks for asking this. I found this: Civil Rights Division Home Page (http://www.justice.gov/crt/legalinfo/natorigin.php)

    IMO, rather useful in our discussion, though not relating to the constitution. But if you insist, I might point you to the 14th amendment ...

    http://en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitu tion

    Read the "Equal protection clause". It mentions this case:
    The Court has also struck down redistricting plans in which race was a key consideration. In Shaw v. Reno (1993), the Court prohibited a North Carolina plan aimed at creating majority-black districts to balance historic underrepresentation in the state's congressional delegations

    Do you agree that we can draw a direct parallel of this case to our case, where they are segregating visa numbers based on the country of origin?




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  • ssnd03
    12-03 04:58 PM
    sue them... if it hurts so bad

    :( The wait for Name Check is killing me



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  • krupa
    04-04 08:58 AM
    I got RFE on 485. My attorney filed reply for the same and it reached the USCIS office on 5th March 2009.

    I observed LUD's for my I 485 on 5th and 6th March and after that from 13th to 17th March 2009 all five days continuously LUD's.

    I do not have any application like I-129, EAD or AP pending for approval and my PD is not current.

    Any clue guys?




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  • chanduv23
    01-30 07:08 AM
    Those who got labor sub and got their GCs already must reapply within XX days or their GCs will be deemed invalid? How do you think will such a rule be?

    If labor substitution, applying 140 in 45 days etc.. are the kind of rules that are being framed, it is mainly because all the companies started exploiting these rules.

    It can be hypocratically argued that Desi companies only sell labor and misuse it, but from a larger perspective, any company including those multibillion dollar companies may actually misuse labors ie like HR will use sub labor for friend, lawyer may educate HR about the loophole and they will use it as a card for new hires. If such a thing is stopped there is no room for misuse of any form. We have to thank Desi companies because in someway, by totally exploiting the loophole, they helped this cause.

    45 days in filing 140. Believe me, such deadline is definitely achievable. 140 is a simple process and all that is needed is company audit and tax reports. I guess time will be given to those who already have labor certified and not applied for 140 for whatever reason.

    Such a rule must come even for filing 485. So that companies don't drag that too.

    Like most of the people have told earlier, changes are coming, a lot of changes are coming in the system and people are working in the background to streamline the system.

    I am not sure if this is true, but I have heard that IRS is now exposing its database to INS, DOL, SSA, DOS, Consulates and DMVs also can participate in it. Any kind of discrepency in salary or status can be exposed by this.

    IV iks definitely making a difference. IV has been extremely neutral in all its demands and causes and has raised excellent awareness, I am sure these sites are regularly monitored, which makes a lot of difference.



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  • perm2gc
    12-09 12:09 AM
    Happy Holidays.Hope to see you in IV again in New Year.




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  • coolest_me
    08-25 11:44 AM
    ICICI Bank has started a 'Express Pay' service in which your monety gets transferred in 1-2 day but they charge 5 $ for that.
    I think you might have selected that option while transferring. Thats the first option ...



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  • eb3_nepa
    06-07 10:08 AM
    For eg.. I was talking to my friend in India and told him about the issues here, he did not understand, he thought I am having a tough time here and told me he has some friends in US who can help me out with immigration problems. When I explained our issues to some people here, some understood and some did not, they told me they know some lawyers who are very good and can help. One of my old employer started a new company in Atlanta and contacted me and asked me to join, but I told him I cannot because I am stuck with my ppresent employer and will lose priority date blah... he did not understand that and was confused.


    I had the SAME exact problem, both, with people here (indian citizens who are now american citizens) and people back home. To the point where, once i was addressing a group of my community members and a couple of Indian american people absolutely REFUSED to belive that the Govt wud give illegals a better break than they wud give us, and that it had happened in the past. It took me half an hour and quite a few examples to illustrate how that was true.

    About all the confusion with the priority dates. I Myself am confused about this whole Priority Date Nonsense. I mean the part about processing 485's based on PDs makes sense. Why you cannot even APPLY makes NO sense whatsoever. I have tried making a short speech to convey the problem to friends and co-workers. Each time it ends up being so long winded and detailed that it just doesnt make it worthwhile. Midway in the conversation, u can feel the other person mentally Yawning ;)




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  • aviko21
    09-29 02:56 AM
    well don;t wanna scare you but this guy might be going for everything!
    i mean he is not only going to give the current petition a thump but wants to send your old one down the drain too!

    It all might be nothing if you think everything is correct: meaning there is no fraud on your application and your employer is not blacklisted.
    Please consult a lawyer raher than worry yourself crazy to find out more.
    Good luck

    ( in think that answers your question 1&3, for the 2 nd question regarding what will happen to your current petition, I hope he doesn;t mess with those cases too)

    Sincerely hope i was able to help!



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  • gctest
    10-03 12:35 PM
    sure I am .. and guess what my dependents were already approved few weeks back on my EB2.

    and yesterday my EB1 I-140 was approved :D:D:D:D

    But my fight for what is fair is distinct from my own case and i am gonna keep going.





    Bcoz Mr. gctest is Mr. phd, he treats Eb3 with contempt! Now, he will go back and delete all his dirty posts :)

    EB3 can accomplish anything that EB2 can, based on their work experience, but some people don't understand that.




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  • gjoe
    01-30 04:28 PM
    I watched the whole debate, unfortunately ( as expected) they never touched on the question we voted on or the other most popular question about Katrina. There were other popular question too like NASA related stuff which never made it.
    Anyways we all did a good job within a short time to bring our question to #2 in the most popular list.
    We will try this in the future debates too.
    Once again thanks to everyone who did there part in this.


    Questions 3 & 10 at 2 34 PM EST.

    Here is the Link (http://dyn.politico.com/debate/democrats/VoteForQuestion.cfm#). Once you get on the page, sort the questions by Most popular

    Everybody please go the URL http://dyn.politico.com/debate/democrats/VoteForQuestion.cfm
    and vote for question number 20 .The question number is changing please look for the text below and the title "Immigration" before you vote
    The question is
    ---------------------------------
    This question is NOT about Illegal immigration but Legal Immigration issues at the govt. level... What do you think of and plan to do about the broken naturalization process that is currently hurting nearly half million highly-skilled and taxpaying legal immigrants already working productively in the United States who find themselves trapped in a system that is taking years longer than intended. The greatest impact of the broken green card process is borne by the legal immigrants and their families. Some of the major grievances faced by the legal immigrants are that they are forced to be stuck with the same employer for years; their spouses not allowed to work, they have a very limited travel freedom and so on. With the current backlog in the system a highly skilled high-tech engineer could take up to 7-10 years to get a green card. Isn't that an unfair deal for a person who works so hard to fulfill his American dream? Again: This question is NOT about Illegal immigration but Legal Immigration issues at the govt. level...

    --------------------------------------------------------

    ALSO VOTE FOR THE SECOND QUESTION (also an immigration question text follows)

    -------------------------------------------

    Illegal immigration has been a topic of heated debate and has received much needed attention during this election. In the midst of all the hype and bickering about ILLEGAL immigration, there is a group of people, often forgotten and ignored, who are caught up in a bureaucratic mess and yet are patiently waiting on the path to LEGAL immigration. This is a group of high skilled workers, most of whom have advanced degrees in medicine, engineering and science from Universities in the US. These people have obeyed all laws, worked hard, paid taxes and waited their turn, many for a decade, because of a system that is hopelessly broken and inefficient. I am one of these people and I have been in the US legally for 10 years and still years away from getting a green card. As the President of the United States how do you intend to address the problems faced by future Americans already living and working LEGALLY in the United States? Please note, this question is NOT about ILLEGAL immigration but about LEGAL immigration.

    ---------------------------------------------------

    Let us try to get as many votes as possible from all the 25000 members . This is a good chance for all of us to get this issue out to the public. Please tell your friends and family who are not members on immigration voice, ask them to vote. This vote mayn't get us anything except a lame answer but atleast it will get us a big audience to hear our problem and also help us to differentiate ourselves from illegal immigration issues. FOLKS DO YOUR BEST THIS DOES NOT COST MONEY. THE POLL MAY CLOSE BY TOMORROW MORNING.



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  • imm_pro
    06-09 05:39 PM
    06/09/2008: House Passed This Afternoon H.R. 5569 EB-5 Immigrant Investor Regional Center Five-Year Extension

    This afternoon, the House passed this bill by voice vote, which was sponsored by Rep. Zoe Lofgren. Congratulations to the immigrant investors in Regional Centers.

    Guys,we are really lucky to be represented by a really strong congresswoman who can get things done and we have to do everything we can from our side..so please keep calling..




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  • add78
    05-23 02:16 PM
    The whole premise is influence. Meaning even though the lawmaker (representative) knows that the callers cannot vote or donate to his/her campaign yet, this "yet" is a powerful incentive. They know that sooner or later you will become a permanent resident and eventually a citizen and are already contributing towards the constituency by paying taxes, there will be an incentive to work for the agenda of tomorrow's influential populous. Therefore I believe that it will not hurt to call lawmakers and will make a strong show of support from his/her constituents. Of course, this is just one avenue and other avenues are also being pursued like petitions, lobbying, flyers, campaigns etc.



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  • hydboy77
    06-07 02:03 PM
    Logiclife made a good point "immigration right" but I dont know how this thread got morphed into marrying local and what not.

    The point is your whole attitude is wrong. First lets get one point straight. We are doing this country no favour by working here nor is this country doing us any favour by letting us work here. Its a mutually benefecial scenario. Since we are contributing to this society and following all there rules we are asking for immigration rights.

    To ask for something, you must first believe that you deserve it. The illegal aliens belive in there cause (even thought they broke the law) that is one of the reasons everyone talks about there cause including the senators, president and the media.

    People like you on the other hand seem to belive in taking handouts and nobody cares about such people. unless we belive we truly deserver it nobody is going to give a damn about us.

    I dont mean to say anything personally to you I am just addressing people who seem to disagree with logiclifes well articulated argument about immigration right.

    In same vein, driving on road is privillege not a right.
    With 'privillege' you have to follow existing rules religiously then if it was a 'right'.

    In anycase, what we can only do with existing law is work with law makers and not protest.
    Thanks again for nice discussion.




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  • vagopinaath
    01-31 04:52 PM
    Voted now.



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  • Openarms
    06-17 10:47 AM
    Did anybody used IMG Global Medical Insurance for parents? How is their service about availability of providers and claim processing.
    They are suggesting that people above 60 years old multiple deductible plans. For $2500 deductible and $100,000 max premium is $1300.00 for 6 months.
    I am planning to take.
    http://www..com




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  • desi3933
    08-20 11:23 AM
    I agree and actually this is a time wasting thread. it is good that he got this citizenship and I guess he is happy but what about others who are struggling to get a gc? and this statement really irritated me "I know, the wait time is long, but it is worth it every bit."
    maybe they should make new citizens apply for passport every year and tell them to renew DL every year and after few years I will ask him if the wait was worth it ??

    I will still say "it is worth it". This is my opinion and you certainly can have a different opinion.

    If you think that the GC is not worth the wait then I suggest that you withdraw your I-485 application asap. ;)




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  • FraudGultee
    04-18 04:13 PM
    Congratulations ! All is well which ends well




    suriajay12
    01-14 11:36 AM
    Hello,

    We dont see any action from core members anymore. I am watching so many threads. We expect more action items even week or 2 weeks. There are so many ideas floating around and which can get better attention if core works by putting some in agenda. I dont intend to hurt anyone.But we can do more.
    I hope I participated more, but hooked up with internation travel every 2 weeks and its sucking my time.
    If core is unable to do anything due to lack of money, please let us know that, and there are many who will come forward, but we need soem action that takes care of EVERYBODYS interests.




    Buran
    02-08 11:37 AM
    Guys!

    When you post about ability to pay RFE please specify your company size and how old your company is.

    My employer has 2000 employees and was established very long time ago, right now they have financial difficulties and are loosing money. They pay much more then a prevailing wage. Although they are loosing money now, they\'ve been around for almost 100 years. Is the ability to pay will be an issue with USCIS?

    I think maybe I should invoke AC21, to avoid ability to pay RFE?



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