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  • eb3retro
    09-26 12:10 PM
    i am a july 2nd filer at NSC , got EAD too. i-140 originally from NSC also.




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  • glus
    03-19 11:47 AM
    My LCA was approved in July 2007.

    My lawyer sent the I-14 application to USCIS in January 2008 before the 180 day period but my employer dated the USCIS fee check as 2005.

    The USCIS returned the application asking us to re-send the application with a new check.

    My lawyer sent the application again with a new check but by the time this application reached USCIS the 180 day period was over and USCIS returned the application again stating that my 180 period is over and they cannot accept the I-140 application now.

    I am in the process of filing a fresh Labor Cert again. I guess now I will get a priority date of July 2008 and therefore I am losing 1 whole year in this process.

    Is there a way out and will USCIS accept my application? The bad part here is the first application sent was before time but the check date was wrong.

    All suggestions are highly appreciated.


    Legally, USCIS can not accept an I140 with an expired Labor. If they do so, they will only do that under very unusual circumstances. For example, mail was lost etc. It is going to be hard to get I140 receipted if labor is expired by even one day :-(.




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  • green_card_curious
    03-08 12:15 PM
    Thanks Drak. My attorney states otherwise though. He states that I-485 will be denied only after the ultimate denial of the I-140, which he says might take even about a year, and that in the mean time, I-485 will be valid and that she can continue to work on EAD.

    P E R P L E X E D !!




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  • GCeffect
    12-16 01:35 AM
    I'm EB3 (ROW)...PD: May 2006. My I485 is pending more than 18 months and I140 is approved a year ago. Recently, my boss fired me. I left the company and got a better job within a week. thanks god.

    Now my ex-employer is calling my lawyer and bringing some alligation against me and asking my lawyer to withdraw my case. He also mentioned to my lawyer that he is going to call the immigration and take action against me by withdrawing my case.

    1...Does anyone have any idea how the immigration going to react after listening to his alligation against me?

    2...by submitting any paperwork to them can he hamper my proessing?

    3...Do i have anything to scare about?

    4...what should i do now?


    This issues a very crutial to me now. he is one of those nasty desi employer's who underpaid me last 6 years not just acting funny when I'm asking for my rights. He setup the whole alligation against me and have some office staff working and supporting him.

    I need help.....please let me know what should i do....please people help me....



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  • pradeep_s
    12-19 11:41 PM
    Hi,

    I have my I-140 approved in EB2 category (applied in Feb 06), at present
    in H1b (paperwork valid till Nov. 07). I would like to know
    whether there are any problems in going to India and getting
    my visa stamping done.

    Are there any legal issues - like you cannot travel abroad while your I-140 is
    approved and do not have AP and EAD ?? (I cannot apply for I-485 and also AP/EAD as
    I have filed my I-140 petition in Feb 06; and the processing date for EB2 (India)
    is Jan 03).

    Any suggestions/comments/advice greatly appreciated.

    pradeep




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  • jnraajan
    03-20 05:19 PM
    The best time for seeing any good result for lobbying in the next 8 years would be the end of 2008. Precisely, from Nov-02-2008 till the day, the new president swears in.

    If you go through the records of the past presidencies, you can see one interesting thing: Whenever the presidency changes from one person to another, that period is the best to make any sweeping changes that can be done administratively. Bill clinton passed many executive orders during the last 1.5 months of his presidency. The reason for this is: the ruling party will not oppose this as the election is over. The new president will also not oppose this as the election is over and the bad blood of any of this action will not fall on him as well. On top of that, the new president need not address any contentious issues as an initiative from his side. If the old president started something, he could always portray that, he is making the situation better.

    The best example for this kind of presidential action: There is a proposal from many parts of the political spectrum to lift the cuban embargo. No one is ready to do that as everyone is scared how it will affect them. If the passing president does this during the last 1.5 months, the blame will only fall on the president and it will not fall on the party or the opposition or on the new president. At the same time, the passing president will be portrayed in the history as someone who did some sweeping change.

    Once the new president swears in, he won't be in a position to do sweeping changes as there is always a concern for second term, approval rating etc etc.

    Well, the best time for lobbying in the next 8 years would be the end of this year, after Nov 2.

    It is true what you are saying, but only partially. The outgoing President cannot change the laws. He can only do what could be an administrative fix. So, lobbying for these administrative fixes is the campaign that we already started. Hopefully, The President can do that.



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  • andycool
    01-06 04:54 PM
    Thanks so much for taking time to respond. I have e-filed my application and am sending all supporting documents today. It appears that the processing time is about 90 days, so I might not be able to leave in Feb afterall. But at least I will have my Travel document ready for any future travel plans.
    Best,
    Pria


    Pria

    send 2 photos too, even though the application tells do not send photos ( e filed ) , I suggest you to send photos.

    thanks




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  • dixie
    11-06 01:33 AM
    No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.

    So then only these four categories count as "Non Cap H1Bs"?

    Can anyone shed more light on any other categories that qualify as non cap?

    Thanks



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  • crystal
    10-15 12:39 PM
    as far as i know CSC sending the transfer notices after issuing the receipts. Did u check with ur lawyer for receipts? .

    Received Transfer notice from CSC to NSC...originally filed at TSC.
    No Receipt Notice, EAD, AP or FP.:mad:




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  • optimist
    03-14 09:08 AM
    H1-B folks are permitted to have sources of passive income from entities other than their H1 sponsor. This includes bank interests, stock dividends, profits from stock transactions etc. Most of these incomes are taxable and reported to the IRS on 1099-INT or 1099-DIV forms. When you open a bank account and get a bonus of, say $200, it is considered as interest earned.

    The vital point to remember, I guess, is that H1s are NOT allowed to generate an income from any source (other that H1 sponsor) that needs any tangible work to be done- investments do not count as tangible work.



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  • amitjoey
    07-06 01:03 AM
    Create a seperate forum message for 'sending flowers'. And then we should all digg that message so that even media covers this practise.
    --sri


    If somebody wants to create a seperate message, release it, I can dig it.
    I am specifically interested in getting media mileage out of this. I feel, you can get media mileage, if the media is alerted before hand, otherwise 50-60-100 or 200 boukets of flowers by itself wont be enough to get attention.

    Iv has not endorsed it, probably because we have been trying to get serious media attention, and we have not gotten as much as we would like. If you are going with this flower idea - Make sure you get some reporters already involved, otherwise wont be worth it. (My take).




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  • sathweb
    01-21 12:57 PM
    Dil ko khush rakhne ke leye, Ghalib yeh khyal be aacha hain. :rolleyes:

    (Atleast his thought is good, to keep your mind at peace)

    I agree, thought or wish is good. If it is a thought/wish it would start with "I wish" , "I believe" or �I think� etc. His sentence starts with a rumor. Starting a rumor with the intension of misleading people is not good. His/her intensions are very clear.



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  • radosav
    10-04 01:47 PM
    I-485 RD July 27 at Texas

    I-140 AD May 25, 06 at Texas, LUD on I-140 July 28, 07

    all checks (for I-485 & I-765) cashed Oct 3, 07 at California

    Both I-485 cases transfered back to Texas on Oct 2, 07
    I-765 shows received date as Oct 1, 07 and will stay at California. Does that mean I need to count 11 weeks from that date? And not from the date when packet was received in July?




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  • abhijitp
    03-06 08:15 PM
    Will scan and send on Monday.
    Thanks for taking the initiative! Go IV!



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  • cbpds
    08-03 06:27 PM
    you missed on one fav diet control idea ---drinking Green tea :)




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  • indio0617
    09-21 04:53 PM
    Currently since labour is progressing really slowly and considering that it looks like fresh labour will get approved quickly .. but folks will have to wait 4-5 years to get into the 140/485 stage, are there are efforts being made by IV to get dependents say an interim EAD, so that they can start working, rather than be a victim of the process.

    I think the biggest casualty of the process are the dependents, who unless qualified to get an h1, have no option but sit at home. I know both male and female dependents in this situation.

    Wouldn't it make sense to lobby for an interim EAD in following cases:
    1. if labour has not been cleared say for a long time period .. (maybe 2 years), or
    2. cleared .. but people have waited a long time period but the dates for 140/485 are not current?

    Not sure if this issue has been debated before.

    vivache:

    Top on IV's goals is 'ability to file for I-485' even when visa number is not available. As you perhaps know this will enable securing an EAD. Hope this answers your question.



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  • eb3_nepa
    01-14 03:07 PM
    Only H1 reform is likely by feb 15th.

    Ok so any news on that front as to when the H1B increase bill will be introduced? Is that bill still on target?




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  • espoir
    07-27 04:06 PM
    The moment you use your EAD to get a part time job even you still are working fultime job, your H status is suspended. You can still work with your employer who filed your GC not in H status, but with EAD.

    In other words, you can only be in one status at any time. You cannot have H status and work on EAD at same time.

    What happen to a person with H1B and then EAD. Main job he continues with original employer who file GC and take a partime like working in a store. What will be the interpretation and Can he do that?

    Senior pl give advice.




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  • reddymjm
    05-16 01:53 PM
    Sent an email to 20 of my friends @ work to that and following up with them.




    meetpravee
    04-19 01:14 PM
    Thank you so much for all your response. I am filling up the application online now. My fathers name in existing passport is just mentioned as his first name. Should I fill in the first name alone in the renewal application or should I fill in the first name and last name. I couldnt find answer for this question in the other thread. Same question for mother's name and spouse name too.




    yestogc
    06-11 04:04 PM
    Correction it 2 years out of 5 for maintaining PR

    http://www.cic.gc.ca/english/newcomers/about-pr.asp



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