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  • BharatPremi
    03-28 12:22 AM
    Hi,

    Maybe this qn. was answered before. Tried to look for answers. But was not lucky to find the exact answer. Also, my qn seems a bit out of context w.r.t this thread (I dont even know how to start a thread).

    Anyways, my qn is:

    If one starts actually using his/her EAD via (eVerify or signing I-9 form), then how will the USCIS know that he/she is on EAD and not on H1B anymore? As per the link below, the I-9 form stays with the employer and shouldn't be submitted to the USCIS.

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=31b3ab0a43b5d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD

    So, how does USCIS know that u are on EAD? Is it via payroll? Also, can ADP still run payroll even if one's H1B has expired? I'm just trying to find how does the H1B get invalidated as soon as EAD is used. Where is the link between the two?

    My situation is...my H1B is expiring on April 24th. I've asked my employer to do an h1b extension (as its safer). But he's kinda unwilling to do that. So, as a worst case scenario if he asks me to use EAD only, then I'd be forced to use it. So, how will the USCIS know about that? Lets say, I use it on April 15th. Then will my H1B inactivated starting April 15th? Where and how is it recorded? Just curious.

    Thanks a lot!
    D-E-D

    USCIS would not come to know and does not care to know. USCIS knows that it has issued an EAD to you, Now whether you use for a job , do not use or open the locked door with it, it does not care. Yes, while processing 485 if it generates RFE then depending upon the nature of RFE if your new employer is contacted for employment proof, perhaps USCIS may know that you are really using it.





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  • ss777
    03-17 10:01 PM
    Hi Guys,
    I have a concurrent filed application (140 still pending) dated back to Oct 2004 and another I-485 application from July, 2007 from different labor but a recently approved 140. My current EAD & AP is based on the first 485 (Oct 2004) which are due for renewal in next 4 months. Now I want my EAD/AP to be based on July 2007 I-485 (second one) since underlying 140 is approved. Here is my dilema:
    1. When I renew EAD/AP should I check that its renewal or initial application option.
    2. How can I make sure (atleast try) the new EAD/AP will not be tied to old 485 but the new one (will send the new 485 receipt & 140 approval notice).

    Thanks for any suggestions/thoughts you might have.
    Thanks





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  • makemygc
    07-10 01:44 PM
    Smitha,
    First, questions to you: What makes you visit this website silently?
    Why do you even bother reading updates about ongoing GC issues?
    You very well know that GC comes when the time is ripe, so you should really enjoy your sweet time instead of lurking on these forums.

    Response to your meaningless and backward looking post: Iam glad you were not born during our independence days. Otherwise, you would have said the following (rephrased your post):eek:
    "
    I am a silent citizen of this country (read India).
    Just my 2 paise... Don't think UK is like India where you can do something forcefully. Why don't you guys understand the real problem of British.
    Do you think that by performing salt satyagraha you can win over britishers and get Independence????
    Please try to understand their problem.
    Also UK is the great. Why don't you guys just think that UK is your home country where you can emmigrate and brought up. Why you people can't just wait and watch?? If nothing happens to the so called Independence, then why don't you think to pack up and get out of India???????

    My sincere request, please don't do strikes, quit India movements, satyagrahas, you might be arrested......you never know what they can do..... Don't you think that, it is better to go to UK rather than being embarrassed here in India???

    Isn't it a shame on us to go for Rally to get Independence?????:D

    Just think that you will get it when time comes, otherwise quit India.

    Please don't take much tension as life is very short. I am assuring you all, nothing will happen with freedom struggle and strikes.Don't irritate UK by doing all this please.

    Born in India
    BD-1975-May
    Would like to emmigrate to any country where i can enjoy without a fight.
    "

    Perfect response.





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  • pbuckeye
    04-06 08:23 AM
    EB-2 Movement in May
    April 5

    Will EB-2 India will advance "substantially" in May?

    There are 18,000 persons with EB-2 priority dates in 2006 who are waiting for green cards, 13,000 of them from India.

    Given the 7% country quota, we expect the India EB-2 to move forward in May between 2 weeks and 2 months.


    * This is seems to be completely different from what they claimed "substantial" before.....:confused:

    And their news page has also changed to reflect this "modest" movement (previously it stated - "the movement will not be weeks or months but could be years")

    On both extremes, it's nothing but just an attempt to generate traffic to the website I guess.

    Interesting that he claims - the modest movement will be because of the 7% country cap. In my understanding, it does not apply when spiilover happens (plz correct me if I am wrong)



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  • cooldude
    10-03 02:07 AM
    Got my receipt today. Till friday i wasn't in there sytem, they told me to call after 1 month n today my company lawyers got the receipt. So guys hold on.... :-)

    vikul

    What's the notice date on your receipts ??





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  • needhelp!
    01-10 12:47 PM
    I thought pappu said these points have already been discussed with administration, and we are running this campaign because there have been positive signals.

    Lets rest our fears and trust the fixes and do our parts in this.



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  • pitha
    09-24 07:40 PM
    To Add to what you have said, I would say getting EB2 approval is almost impossible because not only is DOL cracking down on EB2 perms because of bad economy, DOL also knows that people are trying to reapply in Eb2 to jump ahead and they are stopping that practise.

    The following information is asked in the first field of ETA form 9089.

    "1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
    "1-A. If Yes, enter the previous filing date"
    "2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"

    With the above information from form 9089 DOL knows the people who are trying to jump ahead by interfiling. Thats an almost gaurenteed audit. The attorneys already know this and this is the reason why many companies are not entretaining filing any EB2 perm. If anybody is lucky they might find a company willing to file eb3 perm after 6 months but no company wants to file Eb2 perm. interfiling \porting from eb3 to eb2 is a pipe dream, people cant even get eb3 approvals or alteast companies willing to file eb3 perm.


    "interfiling" to use old EB3 PD for new EB2 is not the easiest path for EB3-I guys specially if they have used AC21 and work on EAD now ( Most of us are in this category). Priority date porting is not an issue, USCIS does not have a problem with that. The problem is with "Job definition and level". While one use AC21 claims job position matching EB3 job classification and if there no enough progression gap between AC21 usage and "inerfiling" It becomes hard for a lawyer to convince USCIS that fellow is matching EB2 capability under same job classification. Hundred of such intefilings are waiting without no action from USCIS. My lawyer's advice wait till we logically can establish the skill progression, in other words minimum 3 years of wait from the day AC21 usage. And other important thing is "real promotion" in position should happen at employment and this whole explanation is based on assumption of employment at the same employer. If you change employment inbetween after AC21 usage and before interfiling , your 3 years wait cycle starts from new emploment date. I have not filed "interfiling" just because of these reasons and waiting for correct time to do that. In other words Eb3-I is really and badly screwed.





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  • gc_chahiye
    06-29 06:23 PM
    Man this is Federal government dude and more over part of DHS. This is not a privately owned corrupted company where they can dick around with people.

    right. and thats why there wont be any accountability and no one to punish such things (there is no stock-market, no SEC)



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  • singhsa3
    10-21 08:28 PM
    Can you please state the source of ur information.
    The contents of this postings are based on what I have read from various Lawyer's website and my lawyer's suggestions.

    Multiple I-485 Fillings Scenario:

    1. Two I-485 for the with the same primary applicant

    Case a: One I-140/I-485 Pending with another employer and one I-140/I-485 to be filed in July with the current employer.

    Case b: One I-140/I-485 Pending due to substituted labor (and cannot be expedited because premium processing not available). Another I-485 to be filed based on approved I-140 (on one's own labor). Both from the same employer.

    2. Two I-485 with different primary applicants (Primary on one and dependent on other)

    Case a: I-140 for one is approved while other's pending
    Case b: Both I-140 Approved
    Case c: Both filling concurrently in June

    Pros and Cons
    Scenario 1, Case a: In this case there is a substantial risk that I-485 filed with first employer might lead to issues esp if I-140 is not approved. Thus is a good idea to file another one with current employer. (Pro)

    Scenario 1, Case a: How can one Adjust the Status from two employer at the same time. (Con)

    Scenario 1, Case b: Since first I-485 application is already filed and I-140's outcome is not known. It is a good idea to file another one as a fall back option. If one waits for the outcome of first I-140 and it is denied and then it will be too late to file another I-485 because dates might have retrogressed.

    Scenario 2, Case a: One with the approved I-140 should file I-485 with other as dependent.

    Scenario 2, Case b: I-485 for both is almost ensured and thus filling two will give added cover in case something happens. One might have a better priority date than other. (Pro)

    Scenario 2, Case b: Job loss of one would still allow other with AC-21 benefits. (Pro)

    Scenario 2, Case b:Only one of the two partners has to stick to the job description and other is free to pursue anything (including studies).

    Scenario 2, Case c: Use I-140 Premium Processing on at least one application for added certainty.

    Summary of Pros and Cons
    Pros:
    1. More flexibility as there are two applications to fall back on.
    2. Only opportunity to file EAD/AP before retrogression kicks in.
    3. Useful if I-140 is pending and outcome of it is unknown.
    4. There are NO USCIS memos that prohibits such filling explicitly.
    5. Many lawyers have recommended this as a best option.
    6. It has been mentioned that USCIS cancels the second I-485 after approving the other. That makes this a hassle free option.
    7. If there are issues with multiple filling one of the application can be withdrawn.
    8. If later on it turns out two application is a norm and right thing to do and retrogression hits one has no one to blame but himself.


    Cons:
    1. Cost of two fillings (if paid by self)
    2. There have been indications by lawyers that two fillings could lead to unnecessary delays and interviews.
    3. Apart from delays there has been indications that USCIS might issue an
    RFE and ask to choose one.

    Conclusion
    ========
    There is nothing wrong with two filings, worst case scenario could be an RFE from USCIS to choose one. Best case scenario is USCIS upon approving one cancels other. Two filings indeed give you a peace of mind and reduce risk during the process. It doesn't change the outcome (like your application will not be denied just because you have filed two). If a little delay is acceptable to you as a price you pay to reduce a bigger risk and added benefits then multiple filing is right thing to do.





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  • eb_retrogession
    01-31 03:51 PM
    Bush expected to steer speech away from migrant reform
    By Louie Gilot
    El Paso Times, January 31, 2006
    http://www.elpasotimes.com/apps/pbcs.dll/article?AID=/20060131/NEWS/601310338/1001



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  • rajuram
    05-27 10:33 AM
    What is non immigrant visa number (page 2 of 485 form)?





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  • CADude
    10-12 01:00 PM
    We know the facts that USCIS didn't follow the FIFO. There is no point in speculation when we don't know what USCIS did or why they are not following the FIFO? Hope today we can get some light, if uscis rep wish to choose so. :)
    Otherwise my quest will continue for answer :D

    It is a oneway call for giving information on, "USCIS Receipting Delay - How Does This Affect You?" Perhaps they are going to repleat what they said on this on Oct 5 (i.e. mention nothing about applications not in the system, other than just to wait). What if USCIS guys mixed up "done" and "yet to be done" boxes. You will perhaps never find un-entered filings, unless someone checks manually each and every filing in each and every box.



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  • trramesh
    01-06 07:06 AM
    I think the thread is perfectly valid and we should go for it. If someone has paid income taxes to US for 10 years, it is no mean thing. 10 years represent typcially about 25% of his/her earning life. After spending substantial percentage of one's life living in, and making contributions to, US, especially in his/her youth, the guy is more naturalised except that he does not have a citizenship card. Now how many of these guys will be able to slip back in to their own country to readjust their lives with american born and american grown kids.

    I think it is not only reasonable but also humane for the government to consider the plight of such people and issue citizenship. The yardstick for qualification will have to be worked out, but Saralayar listed some of the valid parameters like
    - 10 years working in US (legally)
    - 40 points in social security
    - no criminal record

    If I may share my thoughts on yardstick, it would be like this
    - 7 years of legal residence, contributions to SSN, and taxes should provide provisional GC
    - 10 years of legal residence, contributions to SSN, and taxes should provide citizenship
    - 7 years of legal residence post approved I-140 should provide citizenship

    Most of us in this forum must have already contributed over 75K-100K to IRS over the years. I strongly believe that the govt owes more than an obligation to take care of the interests of this skilled group.

    rgds,
    rammy





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  • ss777
    03-17 10:01 PM
    Hi Guys,
    I have a concurrent filed application (140 still pending) dated back to Oct 2004 and another I-485 application from July, 2007 from different labor but a recently approved 140. My current EAD & AP is based on the first 485 (Oct 2004) which are due for renewal in next 4 months. Now I want my EAD/AP to be based on July 2007 I-485 (second one) since underlying 140 is approved. Here is my dilema:
    1. When I renew EAD/AP should I check that its renewal or initial application option.
    2. How can I make sure (atleast try) the new EAD/AP will not be tied to old 485 but the new one (will send the new 485 receipt & 140 approval notice).

    Thanks for any suggestions/thoughts you might have.
    Thanks



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  • PD_Dec2002
    06-29 04:25 PM
    We have suspended the work for July 485 filing development pending the clarification of the rumor next week. Please bear with us in this confusing and difficult time.

    This is so ridiculous....these OH Law Firm lawyers have to be kidding! Who postpones/suspends work based on rumors? I would get fired from my job if I stopped coding just because there was a rumor that the release date was being postponed!!!!

    Thanks,
    Jayant





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  • willwin
    08-07 10:34 AM
    But what if it is successful... What will happen then...

    May be you will fall from your bed!

    Wake up dude, enough of day dreaming.



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  • funny
    09-11 07:15 PM
    Just noticed they updated the next session date to 15 sep and not 22 Sep.


    where do you see the updated date





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  • BharatPremi
    09-24 06:24 PM
    I completely agree with your last 2 lines. But I don't agree with the even dividing of the number into 5 categories of I,P,C,M,ROW.
    Let's take an example. Suppose for some odd coincidence....the first 8000 odd EB3 apps that USCIS processes starting Oct 1.....none are from I,P,C,M. Suppose First 2500 are from Uk, next 2500 from France, next 2500 Germany and the next 508 from Pakistan. Now the number for ROW at this point would be 8008. Now they get another app from UK next. Will they refuse to process that app as the ROW figure had reached? Then they will still process more than 2500 for I,P,C,M. Won't that be unfair to UK applicants.

    As I have said a couple of times now, and so have a few others - ROW cannot be capped at X/5. Due to the high demand from I,P,C,M....it likely gets a MINIMUM of (100 - (7 X 4)) X EB3 cap.

    That was a ateempt to establish a "fair assumtion" so It may be wrong. But simultaneously you also should not assume FIFO within EB-ROW as you tried to explain as we really do not know whether USCIS follows FIFO.. Bottomline USCIS, by law, can not exceed 9% limit for any ROW based countries (Britain, pakistan,...) as well.





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  • pravarupa
    07-16 01:18 AM
    Applying 485 through Spouse

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

    My Priority date is Jan 2006, EB2-India category having approved I-140. My husband is in EB3-India having pd Jan'2004, already applied I-485 (140 is approved) and got his EAD and AP. He is already using his EAD. I am a dependent in his I-485 but did not use my EAD and still continuing on H1-B.


    Since my case is EB2-India which is going to be current in August'2008. Am I eligible to apply for I-485 me being the primary and my husband being my dependent? If so would there be any problem when USCIS adjudicates my case?

    Your valuable response is highly appreciated.





    pitha
    09-26 10:38 AM
    cir failed because the senate did not have a filibuster proof majority (60) to pass cir. This time the democrats are expected to gain 4 to 5 seats in the senate, that will take there majority to 54 or 55 from the current 50 (49 +liberman). With a majority of 54 or 55 the filibuster will not happen again in senate and cir will pass in the senate.

    The difference between Bush and obama in calling for cir is that Bush was an unpopular lame duck president, his party was a minority in both the house and senate. Obama if elected president would have the democrats in control of both the house and senate, therefore when obama says he wants to pass cir, it will happen, so take it seriously and dont live in a fantasy that CIR will fail again.

    to all those people who cliam that cir won't be bad, please, please name some provisions that were good for Eb immigrants. Please dont use words like "hope", might" etc,durbin wants to knock the living daylights out of EB immigrants. I want to know if there was anything good in cir, not good things you hope to be in cir

    These are a list of bad things that were in cir and will be in durbin cir

    -DId cir have stem exemption? answer no
    -Did cir have visa recapture? answer no
    -Did cir increase the eb quota to reduce the backlog? answer no
    -Did cir exempt the existing EB applicants from the new "points based
    system", answer this seems to be a gray area, no clear answer (there is a
    debate about this)
    -Did cir have draconian restrictions on H1, answer yes
    if there are any more nagatives please add to the list.

    guys, the reason behind this post is not to pick a fight with anyone or to win an argument, but to look at the facts and realize the deep shit we will be in and address the issues. Just like a sick patient will expire if he lives in denial and does not take his medicine, we the eb immigrants will expire with cir if we dont realize we will be sick with cir and start looking for medicine.





    naidu
    03-30 10:14 AM
    Hi Teddy,
    With the new Scenario, when do u think mine will be current?