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  • ArkBird
    07-29 02:16 PM
    I filed my I-485 on Aug 13, 2007 (Received date) under EB3 ROW (> 180 days). My I-140 was filed for job "Systems Analyst". I am now being offered a job as "Director of Development" managing the development process along with 30-40 people for another company. I know this theme has been discussed and has risks but would it be OK to take the job. I have approved EAD and AP due to expire on Nov 21 (will renew tomorrow just in case GC does not get approved by then). Has anyone been in this position? I have valid H1-B visa and have not used EAD or AP.

    Any advice highly appreciated. thanks!

    What is your exact job description in labor? I had similar delimma and I took paid consultation and as per the lawyrer, This transition falls into the catagory of "Similar" job so no problem however the biggest IF is your job description in Labor.

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  • looivy
    03-19 03:33 PM
    Can a legal expert provide advice as to whether I can use EAD/AP to get in?


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  • karan2004m
    09-15 12:12 AM

    I am planning to travel on AP first time. Can you pls reply:-

    1. What all documents are required apart from AP to re-enter US?
    2. Do you get I-94 if you enter with AP and if yes How long that I-94 is valid for? I am bit confused as my AP is going to expire in Jan 2008, so the USCIS should not give me i-94 till Jan only? If yes, then what after that?

    If you can, pls reply..


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  • currentlydependent
    03-17 02:40 PM
    Although it might seem very appealing to put in multiple applications to increase the chance of obtaining a visa, one would actually be aggravating the situation than alleviating it. So the thought process should be how can one prevent the lottery situation from arising.. applying for a single visa on a requirement basis should suffice. That said it is unfortunate that the current situation and cap forces us to think of ways to resort to finding loop holes and take un-required actions. In an ideal world they should increase the cap. But whatever cap we have now, does not give us the right to jeopardize others chances of getting a visa. We should work this out together. Lets not clog the system.
    Imagine hearing from somebody that they have a visa they never used when you don't have one, don't be that somebody.
    I am currently on a dependent visa and have to go through the H-1 process. I have a masters and have every intention to stick to that quota and apply only one.


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  • aadimanav
    10-16 11:15 PM
    You are "legally" eligible to take any job or start your own business.

    Some good job search websites are:

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  • ArkBird
    06-07 11:24 PM



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  • lord_labaku
    09-16 09:54 PM
    Do you know whether the substituted LC was used by the original employee by using AC21. If that previous employee got their GC...then the subbed LC is void so 140 will be denied.

    This confusion w.r.t AC21 & labor sub was the very reason that LC sub was abolished.

    Good luck.

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  • webm
    04-08 11:10 AM
    Please see my signature for details.

    PD - Oct 1st 2001
    140 AD-Sep'2005
    I-485 - RD - 2007 June 25th.--TSC


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  • baldev.thakur
    12-13 11:55 AM
    Well in case you are TOO NAIVE let me tell you...
    If you divorce in US , you can get an ex-partite judgment in your favor probably because your wife cannot challenge the divorce but When you re marry , you can re marry ONLY in US. The minute you land in India that re-marriage is considered illegal and your relationship with your 2nd spouse in US considered - bigamous. Bi gam y is not allowed in Hinduism .
    If you prev wife finds out she can sue you and do many more things in India to make life the hell for you .
    Can you post some more specific details abt ur case ?

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  • KanME
    12-26 12:05 PM
    Hello all,
    not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
    1) non-permanent resident aliens
    2) non-resident aliens?



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  • walking_dude
    01-18 04:13 PM
    Great post. Timely too since, most of us here, need to renew EADs/APs soon; keeping the typical 3-4 months of USCIS delay in mind.

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  • frostrated
    09-03 02:01 PM
    Does that also apply to a case where the person is employed in another country and getting paid there? What about a case where the H4 holder travels to their home country and works for 3 months at a local company and gets paid for it?

    Correct me if I am wrong but I would think the rule only applies if you work and earn money in the US.

    You are correct. An H4 cannot work in the US if they are getting paid on US payroll. They can work as long as they do NOT get paid in US. They can telecommute for a company in India for all you want, and get paid in India in Indian currency. The H4 holder will have to file taxes in India though.


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  • Kodi
    10-17 12:48 PM
    Same main code as in the first 2 digits?

    Does 13-2011.02 and 13-2011.01 the same main code?

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  • prioritydate
    08-14 12:26 PM
    This is just my theory. When you don't have much information, you get to think of many theories and here is mine. I believe USCIS is approving direct employees of an organization. For example, they may be giving preference to Microsoft employee, rather than an employee of Patel and Patel INC. I know I may be wrong, but I am just pondering. How can someone explain a person with PD 05/03/2006 with RD 08/01/2007 has much preference over a person with PD 05/03/2006 with RD 07/20/2007? Provided that everything is approved(I-140, Name check etc) Am I missing something here? :confused::confused:

    People may post their answers, proving that I am wrong.


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  • chanduv23
    09-25 10:44 AM
    We should send this to all lawmakers - post it on IV and post it on blogs - print and distribute

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  • wandmaker
    07-23 07:44 AM

    I feel that those who concurrently filed I-140/485 in July 2007 are very lucky!

    Here is my situation -

    Previous Employer -
    EB3,PD-Jan'04,I-140 cleared. Switched in June 2007 and wasn't able to file I-485 in July 2007

    New Employer -
    EB2, PD-Dec'-07, I-140 (Feb'08 - pending)

    Question -

    Based on Jun'08 Visa bulletin the dates for EB2-India were at Apr'04. Filed for I-140/485 based on my old priority date for EB3 labor (Jan'04). Explaining USCIS for PD transfer.

    Well, folks at NSC did not understand the PD transfer concept and send my application back. Unclear as to what do now. I guess need to wait until the dates for EB2-India reach Dec'07 such that I can file.

    Any "Creative" thoughts on how to approach USCIS moving forward.

    Thanks in advance for your replies.


    (1) you first will have to apply for 140 with porting request until it is approved the PD is not yours (2) apply for 485, if the PD is current. NSC folks did the right by returning your application because concurrent filing is not possible, if the 140 has porting request.


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  • probe
    05-02 04:30 PM
    NOV 29 2006 (RD) EB3 category NOV 2003 (PD ). Still waiting ...

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  • msyedy
    01-12 06:57 PM
    I understand this topic has been discussed ad nauseam, so I'm not raising this issue per se. I do not know where we stand on the likelihood of this provision getting passed by Feb 15th, but I do know that the Core group must be trying their best to get some provisions along these lines.

    But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!

    Some alternatives are:
    (a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.

    (b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.

    (c) If an Labor has been approved for X years
    (d) If the alien has been on H1 for Y years
    or a combination of any of the above

    Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.

    Why are you making it more complicated. People here want to get things done faster and relief for everyone.
    According to your statement .(New formulas). people with I-140 approved for x years can file I-485 and so on......

    If we are fighting for something nice, why not fight and say that we need everyone to be able to file I-485 like it was earlier. Reducing jam in USCIS is not a simple issue.By decreasing the number of I-485 filing the amount of time cannot be accuratly estimated that would take it to clear a case. USCIS can increase filling fees which they are thinking of doing to handle the current log jam they have, so I think we stick to and follow IV core.

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  • kaisersose
    05-08 02:53 PM
    05/08/2008: Fashion Model Nonimmigrant Visa Reclassification and Relief Legislation Inching Ahead - 05/08/2008 Mark-Up

    * Currently, foreign fashion models come to work in the U.S. under the nonimmigrant visa classification of H-1B. A legislative bill , H.R. 4080, was introduced last December in the House to reclassify the visa classification from H-1B to P visas for artists and athlets. This morning, the House Judiciary Immigration Subcommittee is scheduled to debate 9:30 a.m. on this bill and it is expected that this bill will move ahead to the House floor. For the full text of the bill, please click the bill number.

    My opinion:

    Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.

    Giselle Bundchen is worth half a billion dollars or somewhere in that range.

    Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)

    03-24 03:12 PM
    Dear VB,

    I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.

    Take it easy and cheer up brother!!

    03-28 03:39 PM
    Need a drop down for page list so that you click on that dropdown list click page number and it take you to that page, instead of clicking through the current pagination for couple of dozens of time, and also if possible need two options in pagination like << and >> once clicked on that it takes you 5 or 10 or some fixed number of pages ahead or behind. This is just a suggestion, and it doesn't take away the hard work and efforts taken by team whom developed it, kudos to them. :)

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