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  • alterego
    12-12 07:03 PM
    My guess is they retrogressed to basically stem demand completely as they felt they had used too many visas too soon, and that is where they decided they need to put the date to extinguish demand. Last month they tried Jan. 2002, but quite clearly that did not have the desired impact. Hence the further move backward.

    This is not too hard to see once you realize you are speaking about 2800 visas for EB2 India, and that means 700 per quarter or about 250-300 primary beneficiaries. When they kept PD at Apr 2004 for the first 3 months, why is it hard to envision that they went through say about 500 primary applicants with such dates, between genuinely old petitions, substitute labor petitions and EB3 to EB2 jumpers, backlog center applicants etc? I mean the truth hurts but this is where it is at. My guess is they have almost certainly used up over 1/2 of the annual allotment for EB2 India, hence they mentioned last month they used up 38% and now they are warning about the possibility of unavailability in coming months preparing us for the inevitable.
    EB3 won't be too far behind in my guesstimate since if they move dates by just a few months this will drive up demand and the fate of that PD will be the same as EB2. 2800 visas inclusive of family members for EB2 and EB3 India is like feeding a hungry lion a chicken wing.:)

    The one possibility that might help us is if once again around the may-june-july time period they accelerate demand by moving EB India to use up visa numbers. If my memory serves me right they did end up using about 15K visas for EB2 India last year. There is no guarantee they will do that again this year however after last years VB fiasco for which they took a lot of heat, they may just let the visas go.
    I see visa recapture as our only hope for temporary relief. Failing which we desperately need administrative fixes like 3yr EADs etc to ease our pain while we wait out the presidential elections next year. Lets hope for the best with the omnibus legislation.




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  • gc_chahiye
    10-01 12:52 PM
    They are not dumb , they might be already keeping a watch on you while on soil.

    no the point is, CHECKING itself is taking 2-3 years. Why would they start keeping a watch on someone if he/she is not a suspect? There are literally millions of pending applications, they cant keep a watch on everyone.
    The reason for slow name checks was discussed earlier somewhere (Ombudsmans report?): lack of resources and interest on the FBI side of things.




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  • makemygc
    07-18 11:37 PM
    Check with this:

    If I filed my case previously without an application for employment authorization or advance parole, how do I apply now for those benefits?

    If you failed to apply for work card or a travel document at the time you filed your adjustment of status application, you need to wait until you received a receipt for the I-485 petition. You can then apply for work and travel benefits by providing a copy of the receipt along with the other forms and supporting documentation.

    As far as I remember there was case with one of the IV member whose EAD/AP checks got cashed although he filed on July 2nd. He was the only case of its type and I remember someone from the core clarifying that Aman or pappu helped that guy file his 485 case but his EAD was filed separately. I'm not sure how they manage to do that.
    You may want to PM pappu or logiclife for that.




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  • smidreb
    08-04 01:10 PM
    We need much more info to help out.

    1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
    ..............?[/QUOTE]
    --She is on H4

    2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
    ..............?[/QUOTE]
    --He had filed his 485 before she got married to him.



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  • dilipb
    04-21 06:57 PM
    It appears that everyones experience is going to be different.
    Lets see what happens in Pittsburgh PA for my friend.




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  • dipu76
    06-02 12:39 AM
    If GC LCA salary is more than it is well planned by the employer. If you run away, at the time of GC you need to show a job with that higher salary other wise you may loose GC.

    Usually GC LCA salary is kept low. If some mishap happen, is will be easier to find a job with lower salary.
    good point... is the employer supposed to share the labor information with us?



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  • ushkand
    10-09 12:11 PM
    can she move from H1 to EAD immediately?
    Yes

    what are pros & cons by moving from h1 to EAD. As she already hv her SSN because of H1. do we need to inform about ead to SSN office?
    Pros are -
    She can work for anyone or even not work at all

    Cons -
    The only risk here is the probability of your 485 being rejected. Also, having to use AP and renewing EAD/AP every year.

    Also what kind of company she can have on EAD (corp,LLC)?
    what is the procedure to hv own company? Steps to follow for Independent contracting? Taxes for independent contract earnings?
    You should be able to start any kind of company. The simplest way would be to get a DBA (Doing business as) for her. Should take no more than 15 minutes at your local county office. That should suffice for independent contracting. She would then be on a 1099 with her client.

    Also what if after a move she stopped independent contracting? two scenarios may be either join another company as employee or if she stopped working. in that case do we need to close the company?


    You can always keep your company "open". You don't lose anything if you just have a DBA.

    Once she have her own company then she will work thru that company corp-to-corp or 1099??
    If you start an LLC or C/S corp, then it will most probably be a corp-to-corp and can get tricky with a lot of paperwork involved. DBA should be the most simple way if you are not planning on actually starting a "consulting firm" with more employees.




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  • Dhundhun
    06-01 08:53 PM
    I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.

    If GC LCA salary is more than it is well planned by the employer. If you run away, at the time of GC you need to show a job with that higher salary other wise you may loose GC.

    Usually GC LCA salary is kept low. If some mishap happen, is will be easier to find a job with lower salary.



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  • paskal
    11-05 10:54 PM
    The following are not counted against H1b caps as far as i know, the list may not be complete:

    existing visa-transfer jobs

    employees of not for profit entities

    University employees

    J-1 doctors starting an underserved area job




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  • dbevis
    June 4th, 2004, 08:32 PM
    Who remembers "The Prisoner"?


    You are Number Six
    I am not a number . . .
    I'm a free man!



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  • anurakt
    01-03 11:13 AM
    I pledge $120 every month as soon as it is available......




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  • john2255
    10-21 01:48 PM
    bump



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  • akgind
    04-21 06:18 PM
    Well California is not same....they took 4 months to renew my lisence....and its purely based on the expiry of the H1B I-94 :mad:

    I renewed my CA license last year. Gave them my expiring license, SS card, and proof of residence. Got new DL valid till 2011. I am on H-1 with a valid EAD.




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  • green_card_curious
    03-07 09:56 PM
    Thanks Stemcell. I am still on my H1-B, but my wife has been working using her EAD. We are seeing and hearing different things. We are obviously planning to appeal, but the problem is will USCIS cancel the I-485 immediately or will the I-485 be denied with the ultimate denial (after appeal, if thats our fate)? We are hearing it both ways, so am really not sure - but your friend's case gives me a little relief.



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  • gparr
    April 3rd, 2005, 08:50 PM
    Here's a link with steps for how to blend two images. You have to use a tripod and take them one after the other. Waiting until later would not have worked as the cloud formation would change. It's two exposures, one for the ground/dark part of the image and one for the sky. Try it by going out one evening and taking shots of a sunset and using one of the techniques in the link. One thing I learned at a Photoshop seminar I attended this week is not to merge the layers but under the Layers menu, choose Merge visible. Merging layers causes color loss/deterioration.

    http://www.luminous-landscape.com/tutorials/digital-blending.shtml

    Gary




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  • gcisadawg
    04-30 01:37 AM
    Man, this guy is a GC holder. He is going to marry a girl in India. At some point, he would become citizen and ask his wife to move with him. This is a natural process. Why is USCIS putting an unnecessary delay of several years by not allowing one's spouse to join him/her? It is beyond my understanding to think how lawmakers missed this simple reasoning!

    Sorry, I don't have helpful suggestion for you but am just purely frustrated that a GC holder who wants to start a family can't do whenever he/she is ready.

    -GCisaDawg



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  • eb3_nepa
    10-02 02:00 PM
    It should be pointed out that starving dog is a cdn, and thus he is not required to give up I-94 when visiting canada.

    Even if the flight staff hand you a new I-94, you are supposed to FILL IN the numbers from your previous I-94. That is why there are blanks spaces on the I-94.

    Well thats kinda hard to do right since you dont have ur I-94 anymore;)?




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  • asdfgh
    10-15 05:53 PM
    Just got all receipt notices - 485, 131, 765. Online status shows "EAD card ordered"; "AP Approved - Notice sent". No FP yet, but overall its been a good day.


    CSC will transfer the 485 to other service center (TSC, etc..) if you do not belong to their jurisdiction, but will process your EAD/AP, if they do the data entry. My 485 is transfered to TSC and got the transfer notice, but they also processed the EAD/AP. Received the EAD/AP from CSC.




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  • inskrish
    08-01 12:04 AM
    Love the analogy.

    Thanks Coopheal for leaving the IV wiki effort.

    Pappu,

    Just wanted to clarify, is it 'Leaving' or 'Leading'?




    acecupid
    07-05 12:32 PM
    I understand and appreciate people trying to do the whole flower thing, but I am not sure if it will work the way they expect it to.

    I once worked in the admissions office at a very selective school. Applicants that didn't get selected resorted to such gimmicks (sending cards, presents, flowers to the dean of admissions), not sure what they expected - The dean to feel bad about his/the dept.'s decision and reconsider?

    Anyway, one of my responsibilities was to screen the dept. mail, and sort out what was uselss and trash it.

    Chances are, that is what will happen to the flowers sent to USCIS.

    I don't mean to discourage anyone, but that money ($25-$40) you spend on flowers, could help IV a lot.

    Thanks,


    Hey we are doing what we believe in, so just shut up and dont discourage people.:mad:




    emmNemm
    07-16 08:57 AM
    I agree. I am EB2 and my Prevailing_Wage_Level is Level II



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