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  • vishwak
    03-09 12:41 PM
    Hi All,

    Please advise me on status below.

    My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
    Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
    My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.

    Thanks,
    Vishwa.




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  • Eternal_Hope
    01-28 05:19 PM
    There is a list of some prominent people in a Wiki article. Here is the link

    http://en.wikipedia.org/wiki/List_of_Indian_Americans

    Not sure how many of these are EB based though.

    Maybe there are more like these for people of different nationalities; I didn't check.




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  • kirupa
    07-27 02:59 PM
    Ah - glad you found the answer. I was thinking that because ShowDialog is a modal dialog, it may be blocking any operations that are going on in the background. I failed to realize that OpenFileDialog does not have a non-modal Show method which displays the dialog without forcing it to have all of the app's attention.

    :)




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  • hnordberg
    October 25th, 2005, 04:24 PM
    But I'm definitely open to planning something. I'll try to create a list of possible sites and post it here with in the next week or so for everyone to add to / subtract from. How's that sound?
    I like Michael's ideas, but a list of choices would be nice.



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  • eb3_nepa
    04-07 05:28 PM
    Here's another parallel Idea.

    Let us try to schedule a meet with the prospective presidential Candidates (McCain, Clinton and Obama) instead to let them know our issues.

    By the time we actually get a meeting with the current president, his term may have expired. The presidential candidates, on the other hand will have some time now (not a whole lot but a little). If we squeeze some time there, we may be able to atleast get our issues out there.




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  • sunny1000
    10-14 12:51 AM
    My girlfriend is an Australian citizen and I am an Indian citizen.

    Her uncle and cousins immigrated to the US years ago and she seems to have a Family-Based Immigrant VISA under category F4.

    Her parents have greencards too.

    She believes her greencard was filed for her by her uncle after he got his US Citizenship.

    1. Can this be the case? ( Can an uncle file a green card for a niece? Or was it filed by the cousins? )

    Does she or does she not have a green card in her hand?

    We were recently browsing the USCIS site and it seems she still has to maintain continious residence in the US for 3 more years to be eligible for naturalization.

    This is after she receives the greencard...not merely by staying in the U.S on a non-immigrant visa. What is her legal status now?

    2. Is it mandatory for green card holders to have 5 years in the US to be eligible for naturalization regardless from the country they are from?

    Yes.

    I mean, a lot of immigrants come from India, China etc, but applications from Australia are a lot less.

    Will she, being an Australian citizen, have to wait for 5 years just like immigrants from India, China etc have to? Or can she wait in the US for less time?

    All immgrants except ones in the U.S military will have to wait 5 years to become citizen AFTER obtaining the greencard (I think the spouse of an U.S citizen may get it in 3 years). There is a seperate wait time for greencard based on country of nationality. So, again, does she have a green card already or is she staying on non-immigrant visa?

    3. We would love to get married soon. I don't have any immigrant or dual intent VISAs for the US nor am I very much interested in going to the US either.

    However, her uncle has told her that her greencard would be revoked if she got married to me before getting her US Citizenship.

    Not true.

    Is this just empty an threat from her uncle or are there really restrictions on how person with a greencard can get married or not?

    Spouses of green card holders who are aliens have a typical 5 year wait (especially if you are from India) to get a green card

    4. Are not all greencards created equal?

    Most green cards are but, the road to getting them is not equal. Also, some of the green cards have a restriction of 2 years initially (also known as conditional green cards) when you are married to a U.S citizen for example.

    5. Is there any way by which we can verify, by ourselves, what is the category and type of greencard she has?

    If she has a green card, that is all there is to it (unless she obtained it via marriage which may have a conditional 2 year validity initially). It is an immigrant visa without restrictions. As long as no laws are broken while receiving it and thereafter, she can apply for your green card as a spouse.

    Any special serial numbers/markings/etc?

    I would love to have contacts of good immigration attorneys either in Hyderabad, India or San Francisco, US in case this case is complicated

    Please post this in the lawyers section so that an immigration attorney can help if he/she is from SFO.


    Read between the lines for answers.



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  • mhkumar
    07-22 10:03 AM
    If the I-140 has been approved, you are entitled to use the PD on any subsequent I-140 unless it is revoked based on fraud or misrepresentation.
    The best document to have is a copy of the I-140 approval notice. You are legally entitled to have a copy of this document, and can obtain it by making a Freedom of Information Act (FOIA) request to USCIS using Form G-639. USCIS provides detailed instructions at: USCIS - Freedom of Information and Privacy Act (FOIA) (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextchannel=34139c7755cb9010VgnVCM10000045f3d6a 1RCRD&vgnextoid=34139c7755cb9010VgnVCM10000045f3d6a1RCRD )
    In my experience, it can take anywhere from 2 months to 18 months for USCIS to act on a FOIA request and provide copies.

    Hope this helps.

    Thanks for your advice.
    Form g-639 has 3 request types
    1)Freedom of Information Act (FOIA)
    2)Privacy Act (PA)
    3)Amendment of Record (PA only)
    Which option I should choose (I guess (1) but want to confirm)?

    Also do I need to answer question 6 and send a copy of my identity along with g-639?




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  • lvinaykumar
    05-12 10:55 AM
    good, at-least we are seeing good number of approvals, All the best and good luck guys



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  • boston_gc
    05-30 10:31 PM
    My PD is Sept 2005 and EB3 India. With the new company I can file EB2. What will be your recommendation?


    Keep in mind the consequences of the new bill. Any I-140s filed after May 21 (or 15 depends where you are reading) will be invalidated. If I was you and my PD is current, I would take the risk and hang in there, get I-485 filed and bite the bullet for 6 months or 1 year (again depending on how the bill turns out)




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  • KbK
    04-09 11:50 PM
    Hi friends
    I am sure lot of applicants are hold up in labor certification at Backlog Processing Centers. The implication of this delay are; even if the current bill is passed and all the provisions in the current bill are implemented, still it will be of NO USE to the applicants who are awaiting labor certification.

    The other option is to apply through PERM and try to get certification quickly. But the catch here is, if the PERM application is approved then the original labor application is cancelled and priority date would become 2006. For example, if someone's application is pending since year 2002 and now if that person applies through PERM and if it gets approved within three months then that person would loose the priority date of 2002 and will have a priority date of 2006. If the green card numbers are not current then it would be a big disadvantage.

    On the other hand if someone had applied through PERM in 2004 and his/her labor is approved then, with this new proposed bill, there is a good chance that he/she might get green card immediately because priority dates would have moved up to 2004. The reason I think this is a possibility is because, the quota numbers are going to increase substantially and BPC is very slow in approving labor certification. Hence there is a good chance that priority dates would move up fast.

    If this happens then people who had applied earlier and waited for such a long time, will be at very big disadvantage.

    I propose that we should request for change in law to allow existing applicants to apply through PERM and keep the old priority dates even after the application is approved.

    This will not only help all of us but also help the authorities; as it would reduce the work load on BPC.

    Friends at the end, may I request you to please send your thoughts on this?

    Thanks



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  • obviously
    12-08 12:52 PM
    HELP get us out of our 'Great Depression'.

    American businesses are facing a serious crisis: an unprecedented sixteen-month restriction on access to new H-1B visas for temporary professional employees, coupled with an ever-present, continually growing, and now crippling employment-based (EB) green card backlog for permanent hires. I urge you to take immediate steps to fix this problem in the lame duck session after the November elections.

    In support of SKIL and other relief measures for High Skilled Immigrants:

    A. NATIONAL & ORGANIZATIONAL COMPETITIVENESS - Will a capitalist country like America support the notion that a worker's 'country of origin' matters more on the job than 'meritrocracy, hard work and results'?
    HARD TO BELIEVE? Just look at US companies and universities are unable to freely deploy and redeploy high skill knowledge workers that can help them meet the organizations' economic objectives and US competiteveness interests! Knowledge work knows no national boundaries. Preserve high skill work within the US regardless of workers' country of origin and help preserve high tax and social security contribution within the US!

    B. CAPITALISM & FREE MARKETS - Will a democracy like America support the notion that 'indentured servitude' by highly skilled labor is acceptable in a nation of the 'brave and free' where notions of indentured servitude was outlawed in the 20th century?
    HARD TO BELIEVE? Just look at highly skilled professionals with H1B's stuck in companies and jobs for *years* with uncertainty where they cannot freely participate in the economic development and progress of this country. They are, for all practical purposes, tied to the yoke until their Green Cards are available. They are indentured labor because of retrogression and backlogs with visa numbers.

    C. HUMAN RIGHTS & WOMEN RIGHTS - Will a leading Human Rights supporter like America support the notion that 'women should be forced to sit at home' only because they are spouses of highly skilled labor and hence have to be 'forced to have babies because they are on a H4'?
    HARD TO BELIEVE? Just look at wives of H1B workers, many with advanced education and work experience, stuck at home and at risk for social, psychological and physiological degradation and abuse only because they are trapped within the 4 walls and cannot participate freely in the land of opportunity and hard work? They are, for all practical purposes, subject to the restrictions of the Middle-Ages women/wives that were forced out of opportunity and development.


    It is EASY for us to get misled by hype and hyperbole when talking about immigration. For a land built by immigration, the very title cannot and should not become a lightening rod!

    Respected elected official, I urge you, beg you, beseech of you to please consider the net-economic value and social value that we, the highly skilled LEGAL immigrant workforce continue to bring to the USA.

    We seek neither entitlement nor social promotion
    We seek no social service
    We seek no special treatments

    We just ask that you be aware of the above pain points and bring much needed relief to legal, law-abiding, tax-paying and country-loving knowledge workers and help retain their passion, energy, jobs and taxes within the USA!

    History shows us that the nation was not built on artificial promises of protectionism. The spirit of bold vision, free adventure and hard work built this nation into its pre-eminent position. Will you, respected leader, help continue to cherish and support this hoary tradition?

    The lame duck session offers the last chance this year to provide American businesses the relief they urgently need to remain afloat and retain their competitive edge over companies around the world. Only by permanently increasing the H-1B and EB cap numbers, as the SKIL Bill introduced in both the House (H.R. 5744) and Senate (S. 2691) proposes, and as was also passed in the Senate as part of its Comprehensive Immigration Reform package (S. 2611), can American businesses continue to function.

    Crisis with EB green cards. Backlogs have resulted for individuals coming from high-demand countries, even when the overall cap has not been reached and regardless of the fact that these high-demand countries are often the only source of individuals capable of filling high-skilled jobs American businesses need. Those caught in the backlog are forced to spend up to seven years waiting, unable to become true stakeholders in our country, putting their lives on hold in the hopes that a green card will eventually become available to them. Not surprisingly, these talented professionals often tire of waiting and leave the U.S. to put their knowledge and skills to use in other countries eager to compete with and surpass the U.S.

    Every day that passes without access to these high-skilled workers is a lost opportunity for growth, productivity, and innovation. But this need not be the case.

    YOU can make the difference to the lives of thousands of hardworking professionals that love the US of A and their families for generations to come. HELP get us out of our 'Great Depression'.

    Please, Sir, I BEG of you, as a highly skilled professional, I have high hopes and dreams of continuing to contribute to this great economy and nation. Help support legal immigration relief and provide a sliver of hope to people like me, so that we can see our families and next generations become integral contributors to the fabric of this great nation.

    We are helpless, but not without hope.
    We are powerless, but not without pride.

    In God We Trust, In You We Entrust, our lives and livelihood;




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  • sanjay
    09-08 03:30 PM
    I had an update on my 485 application today and its say's

    On September 8, 2010, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our NATIONAL BENEFITS CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

    Don't know what does this mean to my case and it is good or bad.

    Does any one had been through this ?



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  • ps57002
    10-16 05:11 PM
    bumping to see if anyone has updates on similar cases...




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  • Steven-T
    February 20th, 2004, 11:13 AM
    Oooops, too late. All got before lunch break. Next will be better and cheaper.

    Steven



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  • roseball
    07-18 03:21 AM
    Yes, he needs to be out of the country for 1 full year in order to reset the H1clock....Well, its upto you if you want to file I-485 and get interim benefits like EAD/AP or would like to continue on L1/H1 visas.....I am not sure why you are worried so much as he can get an EAD on L2....Moreover, if you apply 485 now and dont apply for your husband, its more than likely that he wont get a chance to file for a long long time unless congress passes some bill to increase/recapture visa numbers.....




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  • tigerlibra
    09-29 05:52 PM
    Hello,
    Does anyone have any suggestions ?
    Thank you...



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  • snhn
    10-23 05:09 PM
    Hello all,

    is it normal for someone to get their EAD approved before the AP. I just got my EAD approved yesterday and my wife got hers approved today. However, out AP applications are not approved yet.

    I have some co workers who got their EAD and AP approved on the same day.

    so just wondering if there could be something wrong or is this normal.

    Our cases are in Texas.

    Thanks!




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  • vxb2004
    05-31 07:45 PM
    tpcool,

    I am not familiar with ur line of work. I am into manufacturing.I used my AC21 and working on EAD now.

    You can invoke AC21 and work either on h1b(provided newcompany transfers) or EAD. It is highly advisable NOT to port on a pending I-140.

    Hope this helps.




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  • deafTunes123
    09-10 09:43 AM
    There is one more option. Calculate all the time you are out of US over the past 5 years and sum them up.

    Eg., If you are 5 months out of country, then you can recapture those 5 months and add it to your 6th year limit. In which case you may fall in the category of applying your Labor before start of 6th. Your Lawyer should be aware of this. I know one person who did this successfully.

    The other option is take 3 or 4 months off (out of country) and recapture if necessary.

    Good Luck.




    cooler
    07-07 01:43 PM
    Bump.

    I am in the same situation. Any insight from the original owner or others would be appreciated




    factoryman
    02-09 07:46 PM
    Feel free to use this material and beat the efforts to snatch unused EB3 visas. Demand that these be allocated to all retrogressed categories.

    U.S. Plan to Lure Nurses May Hurt Poor Nations

    As the United States runs short of nurses, senators are looking abroad. A little-noticed provision in their immigration bill would throw open the gate to nurses and, some fear, drain them from the world's developing countries.
    ............
    The exodus of nurses from poor to rich countries has strained health systems in the developing world, which are already facing severe shortages of their own. Many African countries have begun to demand compensation for the training and loss of nurses and doctors who move away.
    ....................
    Public health experts in poor countries, told about the proposal in recent days, reacted with dismay and outrage, coupled with doubts that their nurses would resist the magnetic pull of the United States, which sits at the pinnacle of the global labor market for nurses.
    ..............
    Removing the immigration cap, they said, would particularly hit the Philippines, which sends more nurses to the United States than any other country, at least several thousand a year. Health care has deteriorated there in recent years as tens of thousands of nurses have moved abroad. Thousands of ill-paid doctors have even abandoned their profession to become migrant-ready nurses themselves, Filipino researchers say.

    ................
    Holly Burkhalter, with Physicians for Human Rights, an advocacy group, said the nurse proposal could undermine the United States' multibillion-dollar effort to combat AIDS and malaria by potentially worsening the shortage of health workers in poor countries. "We're pouring water in a bucket with a hole in it, and we drilled the hole," she said.

    LINK at NYTIMES.COM (http://www.nytimes.com/2006/05/24/world/americas/24nurses.html?ex=1171170000&en=5f216b04314ec71c&ei=5070) (requires free registration)



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