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  • franklin
    06-21 12:27 AM
    I think if PD remains current and continues to be current after october, then the I-485s are processed and approved as per the receipt date(RD). So your RD matters if everything continues to be current. If they retrogress, then I-485s are still processed as per I-485 RD, regardless of PD, but if the that PD is not current, then it it will be "placed in suspense" until such PD will become current.
    I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
    The above is just my theory. I could be totally off, so don't come to any conclusions.

    This is my understanding too

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  • admin
    04-06 11:22 AM
    Does anyone know if the latest Frist amendment to the bill would still allow H1's etc to file for 218 as outlined above? I did some more reading and I am still confident the analysis above is an option for many H1's like myself.

    Frankly I'd be happy to wait six years for a GC if it meant I could be out of this continual H1/LC/140/485 rat-race. Being able to be self employed would be a huge positive for me. I'm already on my second LC and I am involved in founding my second new company. For executives the H1/GC process is useless because you frequently get promoted or change titles, and by the time your LC is near processing it's likely that the original application is no longer supportable. Plus, if you own equity in the company that opens a whole can of worms that the USCIS will object to.

    I don't care if 218D is supposed to be for 'illegal' immigrants. Hell, I'll learn Spanish! Via con dios! Obras son amores y no buenas razones!

    Yes all of us can apply under 218 also but then I am not sure if I will want to wait another 6 years before applying for a green card. Also there is no set category under which these people will be able to apply for their green cards. So at that time, another bill will be needed to carve out a category for them and then they will have to be processed. So it could easily take another 4-5 years before you might get your GC. Also god only knows what kind of restrictions might be placed on the immigrants under this section and once you transfer under that category your existing GC processing will have to be canceled.

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  • ash27
    04-02 10:20 PM
    It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.

    My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.

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  • perm2gc
    12-01 06:23 PM
    this info is incorrect. from a murthy chat transcript...... available at :

    Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.

    Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
    hmm..its a news for me.thks for correcting me.


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  • linuxra
    07-23 03:10 PM
    I heard from some other people if they are in vsg their GCs are not getting approved as it is not @ our fault why we need to bear this...I am coming to conclusion that vsg case is affecting employees...any solution u are trying....

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  • Ann Ruben
    05-15 04:15 PM
    I believe that in the original post, Keerthi indicated that he was in India.


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  • qwert_47
    09-27 12:41 PM
    ^^^^^^^ bump

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  • sweet_jungle
    02-25 03:55 PM
    If somebody wants to enter IT field from a non-IT background, any list of suggestions of the certifications and courses to be taken? There are so many of them that it is hard to choose.


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  • siddar
    12-03 05:51 PM
    Candidate should be physically present in USA, on the date of AP approval. Otherwise, that AP is not valid. When the candidate try to enter US, the IO will verify this information and may permit accordingly.
    I-485 application considers abandoned, if a candidate leaves US without any valid Visa to re-enter. Remember, H1 / H4 cannot be stamped after I-485 approval.

    I'm a layman like you, please consult an attorney.

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  • GCAmigo
    01-02 03:20 PM
    >>>You can travel on your current stamped H4. In fact, I'm not sure if you can even get the new H4 stamped now because they say that you can get the new approval stamped only 10 days prior to the expiry of the current one. In other words, you could get the new approval stamped after 6/10/2007 but I do not know how strictly they enfore that.

    I got stamped in July-06 while my existing stamp was valid up to 12/31/06..


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  • NKR
    09-21 01:18 AM
    Confused ...i think GC stands for Great Confusion
    Came in 2001....PD 2003......EB3

    Will I ever get my GC? What is it anyway?

    When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".

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  • wildcat1313
    03-30 11:32 PM
    Client lawyers have advised against it. So vendor can't do anything. I'm still trying to see if they can fax it directly to the consulate or send it in seal envelope to them

    Everyone from HR Head to Technology Heads are involved and are doing the best to help me. And then I'm just a contractor whom they can always kick to the curbside.


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  • losthope
    06-11 12:30 AM
    I think USCIS should be blamed because all those previous years visa numbers which are lost because they can't adjudicate the cases on time. We invested our time, resource and money for each and every step. We pay social security and taxes to run the economy. Most of us are here in "UNKNOWN" status but we are called resident and spent many many years.
    I have mixed feeling on if government/congress is serious about fixing this issue because 10 years doesn't sound very positive.

    It looks like immigration issue is hen that give golden egg ($ for the economy) Paper wok, Attorney frees postal fees gov fess etc. Does anyone would like to fix it?

    Please share your thought.

    1) Will the green card be worth after 10 years?
    2) Is there any grantee this mess will be cleared in 10 Years?
    3) Is time spent in path to immigration will be joyful and peaceful?
    4) The time away from back home Close family and you may have already missed your nearest and dearest family function. your child niece, nephew and other close relative bonding that your had when you'r child and had all this which you may be sacrifice for the path to immigration

    Please rethink what important and how to get an attention from the right people

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  • laksmi
    12-03 08:17 PM
    My wife is not H4, she is working on EAD and we applied her I-485 last July. She has to travel to India for an emegency. We applied for AP last month, have the receipt but it is not approved. Is it okay if she travels to India without AP approval? I will be here and I can take her approved AP when I go there after two months.

    I heard that if she travels without AP, her I-485 is considered abonded. Is this true? Can we apply for her H4 (as I am still on H1). Any advice on how to get her back?


    If your wife is having H4 visa on her passport and visa is still valid, she can use H4 itself to move in and out of country, no need of AP.


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  • tdasara
    01-21 01:39 PM
    Concerning is most students do not know or care of these issues. All they want is to graduate find a job. Jobs are plenty thanks to 'Desi Consultants'.

    The worst part many working pros who know of these issues hardly make an effort to work on a solution.

    Either stay mum or fight for..IV members are the latter

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  • BhanuPriya
    06-11 02:41 PM
    There is no problem in changing company and getting extension based on Approved I -140. Please contact a good attorney and proceed.


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  • mugwump
    12-07 02:57 PM
    I think you can take classes (online or even regular in-class) as long as you maintian your primary H1B status - i.e. continue to work with the employer on the specified job/number of hours etc.

    (note: I am not a lawyer)

    If you are taking online classes, why would your status matter?? i understand you need to have legal status to take regular (in-class) courses, but dont really feel an online university would really care. when you can pretty much log in from any where in the world, why would they worry about you being here illegally?

    just my opinion.

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  • myimmivoice
    04-09 01:01 PM
    I think everyone is interested in their interests. We call it vested interest. Everyone is going to work to further their interests just like we are working for our problems. To us, our problems are genuine, but may not be to everyone who we think they should be.

    To the extent possible (with in the limits of our resources) in our publicity efforts, it is prudent to make our natural allies more proactive, to turn the people in our favor who are nuetral, and, reduce the impact of groups that are anti-legal immigartion by spreading the positives.

    I am not in false hopes that every one is going to change their thinking because we told them our problems, but, we should try to the extent possible. It is not going to harm us.

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  • Hermione
    09-27 08:49 AM
    Law abiding? I beg to differ. Application for asylum goes to court only if the petitioner spent more than one year illegally in the US.

    That does not change the fact that the immigration system is broken, I just want to point out that what is considered to be "law abiding" or "law breaker" is aften very-very relative. We are all in the same boat.

    04-18 11:57 AM
    yes, I punched it right. I changed last digit... it shows it is approved... of course, this is not my case number.. someone who has one number different..
    I am calling to a toll free number... I am so scare if they pull out my information and they might mess up by mistake... no?

    01-06 02:26 AM
    This thing is driving me crazy...

    Do we need to send an invitation letter in a .txt format? How do I send an invitation letter with letterhead and signature in a .txt format?

    As far as I can remember this invitation letter part is only applicable if this is the first time someone is travelling to the US to study or work. I donot think this is needed if you have gone from the US to India for a vacation and are trying to get your visa renewed.

    This is what I recollect. By the way I think you can send a Microsoft Word Document.

    Hope this helps.

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