HV000
02-29 08:23 PM
You have not mentioned whether your I-140 is still pending.
If your I-140 was approved already, then you can use AC21 portability.
If both your I-140 & I-485 are pending and if you plan to use AC21, USCIS will process your GC as per the following guidelines contained in yates memo.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
The above memo is relevant to I-140 pending situation.
My I-140 is approved.
If your I-140 was approved already, then you can use AC21 portability.
If both your I-140 & I-485 are pending and if you plan to use AC21, USCIS will process your GC as per the following guidelines contained in yates memo.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
The above memo is relevant to I-140 pending situation.
My I-140 is approved.
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virens
05-24 12:55 PM
Done
manhasam
02-23 05:43 PM
i applied for EAD on Dec 21st, got card ordered for production email on Jan 21, and got the card via USPS 2 days ago. My PD is just few months away from May 2006 (EB2), but I still got 2 years validity (on the EAD card).
I cannot possibly imagine the fact that PD wont move even a few months when spillover begins.
Jai Hind
I similarly applied online on Dec 20th and haven't heard anything at all. I applied online and the documents were sent to the Neb office. Can you please share your details on I765 extension filing?
I cannot possibly imagine the fact that PD wont move even a few months when spillover begins.
Jai Hind
I similarly applied online on Dec 20th and haven't heard anything at all. I applied online and the documents were sent to the Neb office. Can you please share your details on I765 extension filing?
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kumar1
11-13 09:31 AM
Dude, You can use I-94 card as a toilet paper when you take the very first exit in Canada. You are leaving for good! Do not worry about it. Meanwhile, congratulations for taking this bold step and moving to Canada after 6 years of H1-B. I wish you well.
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cheg
07-17 02:10 AM
as long as you already got the first shot you will be okay. my husband and i just got our first hepatitis b shot and we need 2 more shots after that. our doctor said to just be ready for the proof when and if USCIS asks for it. it's good you were able to get an appointment. good luck!:D
Guys,
Thanks a lot for the response.
I was finally able to get a doctors appointment on July 24th.
Now comes the tricky part:
Is the varicella vaccine required ? I have not had chicken pox as a child. The blood work showed that I need a chicken pox vaccine.
I went to the county health department today , and they gave me shots for tetanus, MMR, PPD, and one shot for varicella. They said that I have to come back in 30 days for another shot of varicella.
I am not sure what my doctor will say to this when I meet him on July 24th. Also, is it possible for the doctor to provide an I-693 with a statement that the varicella shot will be completed later ?
Guys,
Thanks a lot for the response.
I was finally able to get a doctors appointment on July 24th.
Now comes the tricky part:
Is the varicella vaccine required ? I have not had chicken pox as a child. The blood work showed that I need a chicken pox vaccine.
I went to the county health department today , and they gave me shots for tetanus, MMR, PPD, and one shot for varicella. They said that I have to come back in 30 days for another shot of varicella.
I am not sure what my doctor will say to this when I meet him on July 24th. Also, is it possible for the doctor to provide an I-693 with a statement that the varicella shot will be completed later ?
chanduv23
02-11 10:48 PM
sanjay , prinive - believe me folks, a lot of pushing is needed, not everyone are proactive like you and me. I guess you are in the tri state chapter - you can see for yourself, how many members are active and how many are not. I am also just like you all - the core trusts me to be a chapter lead and I do want to do what best I can - I will be very happy if more and more people come forward and carry things forward.
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pd_recapturing
10-22 09:53 AM
Well, my attorney filed interfiling last friday and according to him, my 485 file should be updated with the new I-140 in 3 to 4 weeks from now. He informed that we should not expect any written confirmation from USCIS though. I will keep you guys updated in this regard. In the mean time, if anybody in the forum has gone through this process, please share your experience.
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pandu_hawaldar
05-12 10:26 AM
no offense, but with all these trend and analysis we do, there is one more trend I am seeing and that is no analysis or prediction works! if date moves forward for any category that will be temporary, again it will fall back for a year or two in next cycle. IMHO.
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Buddha2009
01-31 04:28 AM
Does it make a difference ?
- If you go to Canada are you really going to be working ? You are going to go to Law School and get your degree in Law and becoming a Lawyer. So you go to Canada and study and 3+ years later become a Canadian citizen come right back in US on TN visa. Unless you don't want to abandon your Chinese citizenship.
- The July 2007 - 140 are showing signs of approval. So you get the 140 approval and then use AC21 to hang around the US and complete your Law degree in Boston. A few years later you get 485 approved and you are set in US. The complication comes is that you have a GC filed as EE and 485 might become questionable or maybe not (if you become a smart lawyer :) to defend your own)
So from the options that you stand today, if in next couple of months 140 is approved, ask your lawyer can you use AC21 and go to Law school or will there be complications. If not, stick around here.
- If you go to Canada are you really going to be working ? You are going to go to Law School and get your degree in Law and becoming a Lawyer. So you go to Canada and study and 3+ years later become a Canadian citizen come right back in US on TN visa. Unless you don't want to abandon your Chinese citizenship.
- The July 2007 - 140 are showing signs of approval. So you get the 140 approval and then use AC21 to hang around the US and complete your Law degree in Boston. A few years later you get 485 approved and you are set in US. The complication comes is that you have a GC filed as EE and 485 might become questionable or maybe not (if you become a smart lawyer :) to defend your own)
So from the options that you stand today, if in next couple of months 140 is approved, ask your lawyer can you use AC21 and go to Law school or will there be complications. If not, stick around here.
hair for the Money wallpaper
nixstor
01-22 04:08 PM
Andy,
Thanks for the pointer on the 539 processing.
Does the H4 approval need to be in hand if my wife were to change her status to H1? (or) Is there an option in I 129 where she can refer to the pending I 539.
Thanks for the pointer on the 539 processing.
Does the H4 approval need to be in hand if my wife were to change her status to H1? (or) Is there an option in I 129 where she can refer to the pending I 539.
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jnraajan
01-28 12:55 PM
^^^^^^^^^^^^
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pd_recapturing
10-19 01:35 PM
According to what I have read - porting of PD can be done at 2 stages
1. At the time the second I-140 is applied or,
2. When one applies for the I-485.
So you should be fine going by #2. Not an attorney, just like you all - a GC aspirant commenting on his research.
My question is the same that you raised earlier - the Memo states that the PD has to be current when interfiling. But in the case of pd_recapturing, his PD is May 04 which is not current - EB2 for India is Apr 04 (my assumption being that pd_recapturing is from India.)
My case is exactly as pd_recapturing, waiting for the approval of my second I-140 to see if the date got ported or not (we had requested during filing of second I-140). After the approval, I was thinking of waiting for my PD to be current before filing.
pd_recapturing - we'll be following your lead to see how your case turns out.
Thanks.
Gene
According to my lawyer, mine is a simple case of updating I-485 file with a different I-140 so there is no need to wait PD to be current. And also it makes sense to me as I am not applying a new I-485 to wait for PD to be current. They will anyway touch my AOS when PD will be current. Right now, they will have to update my I-140 with the existing I-485. And moreover, my case is not a PD change, instead, its a EB category change. What do you guys think ?
1. At the time the second I-140 is applied or,
2. When one applies for the I-485.
So you should be fine going by #2. Not an attorney, just like you all - a GC aspirant commenting on his research.
My question is the same that you raised earlier - the Memo states that the PD has to be current when interfiling. But in the case of pd_recapturing, his PD is May 04 which is not current - EB2 for India is Apr 04 (my assumption being that pd_recapturing is from India.)
My case is exactly as pd_recapturing, waiting for the approval of my second I-140 to see if the date got ported or not (we had requested during filing of second I-140). After the approval, I was thinking of waiting for my PD to be current before filing.
pd_recapturing - we'll be following your lead to see how your case turns out.
Thanks.
Gene
According to my lawyer, mine is a simple case of updating I-485 file with a different I-140 so there is no need to wait PD to be current. And also it makes sense to me as I am not applying a new I-485 to wait for PD to be current. They will anyway touch my AOS when PD will be current. Right now, they will have to update my I-140 with the existing I-485. And moreover, my case is not a PD change, instead, its a EB category change. What do you guys think ?
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house -of-money-mobile-wallpaper
meridiani.planum
01-18 01:38 PM
whoa
I did not know it can be that bad
r u working in the USA now?
:confused:
yes I am working in the bay area.
Back in 2001/2002/2003 I have seen many friends having to return to India (from the bay area) because they could not get another job. All the desi consulting companies that everyone bashes so often? they are the saviours. They are typically the only ones who hire in those times. All the big companies will have hiring freeze's and massive layoffs.
Its already started in the US (Sprint:4k, Lehman Bros 1300, Motorola 7500+1600, applied-materials 1000) but this is the mere tip of the iceberg.
Its starting from the financial sector:
http://news.google.com/news?q=%22cut+jobs%22&sourceid=navclient-ff&ie=UTF-8&rlz=1B3GGGL_enUS230US230&um=1&sa=N&tab=in
but will probably spread all over.
The real mess will start in Q3 (thats when we'll know if we are really sunk or some last minute stimulus is goign to keep this recession short and quick). Most probably this time its going to take much longer than 2001/2002 to recover. Back then the dollar was strong, there was a huge fiscal surplus and inflation was not a risk. This time none of those things are there and stimulating the economy is going to take much much longer. Also, to an extent in 2001/2002 it was only tech that imploded. The rest of the economy (& consumers by extension who are the main drivers of the economy) was ok. This time its widespread, consumers across the board are hit.
The July VB was a huge blessing in disguise for lots and lots of people who will be able to maintain status even if they are jobless for a few months. Back in 2001/2002/2003 the option was to be out-of-status of return home. Many chose the latter. This time they can atleast get a job offer from a desi consulting company and keep looking for some consulting gig.
I did not know it can be that bad
r u working in the USA now?
:confused:
yes I am working in the bay area.
Back in 2001/2002/2003 I have seen many friends having to return to India (from the bay area) because they could not get another job. All the desi consulting companies that everyone bashes so often? they are the saviours. They are typically the only ones who hire in those times. All the big companies will have hiring freeze's and massive layoffs.
Its already started in the US (Sprint:4k, Lehman Bros 1300, Motorola 7500+1600, applied-materials 1000) but this is the mere tip of the iceberg.
Its starting from the financial sector:
http://news.google.com/news?q=%22cut+jobs%22&sourceid=navclient-ff&ie=UTF-8&rlz=1B3GGGL_enUS230US230&um=1&sa=N&tab=in
but will probably spread all over.
The real mess will start in Q3 (thats when we'll know if we are really sunk or some last minute stimulus is goign to keep this recession short and quick). Most probably this time its going to take much longer than 2001/2002 to recover. Back then the dollar was strong, there was a huge fiscal surplus and inflation was not a risk. This time none of those things are there and stimulating the economy is going to take much much longer. Also, to an extent in 2001/2002 it was only tech that imploded. The rest of the economy (& consumers by extension who are the main drivers of the economy) was ok. This time its widespread, consumers across the board are hit.
The July VB was a huge blessing in disguise for lots and lots of people who will be able to maintain status even if they are jobless for a few months. Back in 2001/2002/2003 the option was to be out-of-status of return home. Many chose the latter. This time they can atleast get a job offer from a desi consulting company and keep looking for some consulting gig.
tattoo value of money Wallpaper
gcseeker2002
11-11 11:10 AM
I was exactly in the similar situation. My wife entered on H4, started work on EAD. Now we are traveling to India, both have AP as well as H visa (H1 for myself, H4 for wife). I talked to our corporate lawyers pretty much the exact same questions you are asking. Here is the response (that I have in writing from the lawyers):
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
We are in exact same scenario, but was thinking that H4 holder has to enter using AP to continue to use EAD after "vacation" . So is it like, Use H4 for travel and EAD to work, instead of , Use AP for travel and EAD to work? This will be of great help to many people who are scared to use AP or not want to face the extra half hour at immigration counters.
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
We are in exact same scenario, but was thinking that H4 holder has to enter using AP to continue to use EAD after "vacation" . So is it like, Use H4 for travel and EAD to work, instead of , Use AP for travel and EAD to work? This will be of great help to many people who are scared to use AP or not want to face the extra half hour at immigration counters.
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gimme_GC2006
04-09 11:50 PM
1. you have two hands and two middle finger...just show to him and move on.
2. Or call the dol and inform all...and he will be in soup.
Put everything in e mail or certified mail and pass all those information to dol and move on.
You dont have to bother anything else.
heheh :D
2. Or call the dol and inform all...and he will be in soup.
Put everything in e mail or certified mail and pass all those information to dol and move on.
You dont have to bother anything else.
heheh :D
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vnsriv
09-26 01:51 PM
Is the AP document mailed to the attorney or to the applicant?
AP Docs are mailed to your attorney while EAD, I-485 cards are send to you .
AP Docs are mailed to your attorney while EAD, I-485 cards are send to you .
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yabadaba
10-19 12:56 PM
It was a disclaimer. I never said it was bad for you. But there have been people estimating it will still take 2-3 yrs for eb3 to reach 2005 ....is that true????.. i have no idea since the data cant be broken down at PERM level.
I just wanted to underscore that my promising feeling might not seem promising to someone else and that I under stand what they r going thru...nothing more than that
I just wanted to underscore that my promising feeling might not seem promising to someone else and that I under stand what they r going thru...nothing more than that
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ameryki
03-09 03:32 PM
I am going to India for couple months and plans to return back on AP.I am planning to get my passport Renewal in India.Is it OK to Renew in India as it shows my India address.
Thanks In advance
don't make this mistake. renew it here in US even it means you postponing your travel dates....it is smooth, simple and effortless here as opposed to in india.
Thanks In advance
don't make this mistake. renew it here in US even it means you postponing your travel dates....it is smooth, simple and effortless here as opposed to in india.
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zCool
04-02 08:26 PM
You already applied with approved LCA. Any amendment to LCA AFTER the RFE may not be looked upon kindly.. check that with lawyer..
What he means to say is, if you are saying your next 3 yrs project is in CA, then your LCA work location should not be in NC.
If your LCA work location is in NC then they have asked for NC based contract.. I would provide that, and not one in CA. your case needs more detailed look before you dump everything in USCIS lap..
Just to keep your mind at ease.. know this..
Last jan one of my friends who runs his own firm , applied for 6 H1bs of these 5 got RFEs similar to these.. he replied to each one with 300+ page reply , they approved all within 4 days.. so it's impossible for anyone to read thro' they basically do it for 2 reasons..
1. Records collections.
2. Verify position is genuine, employer is sizable and beneficiary status is okay..
Other than that, smaller stuff .. don't sweat.. Just don't go making changes to LCA or anything like that in panic..
What he means to say is, if you are saying your next 3 yrs project is in CA, then your LCA work location should not be in NC.
If your LCA work location is in NC then they have asked for NC based contract.. I would provide that, and not one in CA. your case needs more detailed look before you dump everything in USCIS lap..
Just to keep your mind at ease.. know this..
Last jan one of my friends who runs his own firm , applied for 6 H1bs of these 5 got RFEs similar to these.. he replied to each one with 300+ page reply , they approved all within 4 days.. so it's impossible for anyone to read thro' they basically do it for 2 reasons..
1. Records collections.
2. Verify position is genuine, employer is sizable and beneficiary status is okay..
Other than that, smaller stuff .. don't sweat.. Just don't go making changes to LCA or anything like that in panic..
vin13
05-13 10:35 AM
I would go with the prediction in the Jan 2010 Visa Bulletin:
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005................CHINA IS ALREADY AT NOV 2005...SO THIS HAS HAPPENED
India: February through early March 2005.........ONE MONTH BEHIND HERE....NOT BAD WITH THE PREDICTION
If Section 202(a)(5)were to apply:
China and India: October through December 2005 ..................THIS IS THE SPILLOVER CHANCES FOR JULY-SEPT 2010....MOST LIKELY IT WILL CLOSE AT JAN 1, 2006
I tend to agree with you. Projections by DOS seems to be closer to reality.
I would stay conservative contrary to many other predictions.
1) China moving to Nov 2005 is a good thing for India. This means India will get all the remaining fall-down/fall-across numbers until priority date reaches Nov 2005. After that both India and China will share and move the dates by a month or so. This should get India to Dec 2005 to Jan 2006.
2) Many see the dates have not moved much for so many months. So they can be skeptical about the date movements in the last few months. The reason why i anticipate much larger movements in the final months is due to the fact that India gets about 3 times more visas through fall-across/fall-down than what is alloted for just India.
2009 info
Country cap for Eb-2 - aprox. 2800
2009 India for Eb-2 was 10,116.
fall-down/fall-across numbers 10,116 - 2800 = aprox. 7316
So we can see that visa movement for India (Eb-2) is greatly influenced by the number of fall-down/fall-across which seem to happen mostly in the last quarter.
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005................CHINA IS ALREADY AT NOV 2005...SO THIS HAS HAPPENED
India: February through early March 2005.........ONE MONTH BEHIND HERE....NOT BAD WITH THE PREDICTION
If Section 202(a)(5)were to apply:
China and India: October through December 2005 ..................THIS IS THE SPILLOVER CHANCES FOR JULY-SEPT 2010....MOST LIKELY IT WILL CLOSE AT JAN 1, 2006
I tend to agree with you. Projections by DOS seems to be closer to reality.
I would stay conservative contrary to many other predictions.
1) China moving to Nov 2005 is a good thing for India. This means India will get all the remaining fall-down/fall-across numbers until priority date reaches Nov 2005. After that both India and China will share and move the dates by a month or so. This should get India to Dec 2005 to Jan 2006.
2) Many see the dates have not moved much for so many months. So they can be skeptical about the date movements in the last few months. The reason why i anticipate much larger movements in the final months is due to the fact that India gets about 3 times more visas through fall-across/fall-down than what is alloted for just India.
2009 info
Country cap for Eb-2 - aprox. 2800
2009 India for Eb-2 was 10,116.
fall-down/fall-across numbers 10,116 - 2800 = aprox. 7316
So we can see that visa movement for India (Eb-2) is greatly influenced by the number of fall-down/fall-across which seem to happen mostly in the last quarter.
ntpatil
11-10 02:49 PM
helmet, fall2004us,
Thanks a lot for your replies. However, I would appreciate if someone responds to all of the questions that I have outlined. I do not want to stray away from the subject.
Thanks a lot for your replies. However, I would appreciate if someone responds to all of the questions that I have outlined. I do not want to stray away from the subject.