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  • coopheal
    08-14 02:14 PM
    I love your optimism.
    1) EB 2 will be current. You are saying 09 Apr. I disagree. It will be at least 2 years before EB2 can be current.
    2) After EB2 is current EB3 ROW will be advanced. You are saying 09 Apr. Again I disagree. To make EB3 ROW current will take up to 2 years after EB2 is made current.
    3) After that EB3 will move. You are saying 09 Apr. I couldn�t disagree more. Even after that EB3 will get visa not used by all others for that year.

    Thanks for being optimistic about EB3 but EB3 movement is not going to happen anytime soon.

    EB3 I and in general all EB applicants need a solution now.
    Until this process becomes so painful for us that we either go back or do a mass movement to get some legislative relief there are no better days for us.

    USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.

    If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.

    Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.

    What will happen during 2009 in all likely hood is the following,

    Almost all EB1 spillover will go to EB3. (~ 25k)
    Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
    In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.





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  • Jaime
    09-19 11:09 AM
    Thank you 485_se_dukhi :) ... that was yours truly.

    Great job!!!





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  • garybanz
    11-12 04:15 PM
    Dominican Republic does not require a visa either.

    Thanks Sunny, I have updated the first posing.





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  • H1B-GC
    08-29 10:54 AM
    This is a Tricky situation.you need Medical leave for your child but 4 months is a bit too long. Pls.contact your Attorney about the consequences of taking 4 Months leave on H1B visa.make sure your HR provides you with all the Paper work that your Attorney might ask to substantiate your leave.

    My LC and I140 approved (PD: may 2004). Applied 485 on Aug 8.
    I became father last month.
    My new born son is sick and he needs total attention for next 4 months. I have used up all my vacation and planning to apply for medical leave. Pediatrician recommends me getting medical leave and support my wife.

    I work in a very big hardware company. I have completed 3.5yrs in H1B so far.f I apply for medical leave, I may get a pay cut (like 20 to 30%). Will I be affected because of this medical leave? Are H1B's allowed to take medical leave (upto 4 months)..

    Your comments are very much appreciated.

    thanks



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  • DudefromBombay
    06-30 03:13 PM
    Thanks Ivar for your reply.





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  • santb1975
    06-20 12:47 AM
    I don't have moderator rights to the group but I will forward your request to the appropriate person and send you an update

    Hi

    I requested for souther California state chapter membership 1-2 weeks ago. but it is still not approved.

    Your membership is awaiting approval by the group owner

    Can you please make sure it gets approved? I called all listed senators 3 times + I donated $150 so far.

    Thanks



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  • andy garcia
    09-27 10:57 AM
    This is the list:

    1. Switzerland
    2. Finland
    3. Sweden
    4. Denmark
    5. Singapore
    6. US


    Do you know of anybody that wants to go to the first 4 countries. I don't think so. They are toooo cold for me :cool:





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  • jung.lee
    03-03 12:51 PM
    Hi,

    I may know the answer, but I thought i would check.

    Below is my situation:
    1) I-140 approved in Jan 2008
    2) I-485 pending since July 2007
    3) I have a 2 year EAD

    Now, if I switch my job and the new employer is not ready to transfer my H1-B, can I use my EAD to work(provided my I-140 is not revoked by the previous employer)
    Also, any chance that I could keep my GC application alive? what will happen when my Priority date becomes current.

    Thanks in advance.

    See the forum post linked below...

    http://immigrationvoice.org/forum/showpost.php?p=320990&postcount=4

    See this document I posted on Scribd:

    http://www.scribd.com/doc/12822387/485vsH1b



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  • anurakt
    10-03 04:50 PM
    Let's send this to MENSA people to get it straight...... My head is spinning...:D No Offense, just take it easy.

    Still Spinning, I tried reading again to put 2 and 2 together.... I need to get an IQ test.





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  • ronnie0479
    01-24 05:53 PM
    Reduced Course Load - 214.2(f)(6)(iii)

    The new rule establishes that a reduced course load is only acceptable to maintain F-1 status if it is subject to prior approval by the school and includes at least six semester or quarter hours, or half the clock hours required for a full course of study. A reduced course load for less than half time is only acceptable for defined medical reasons (214.2(f)(6)(iii)(B)) or for the final term of study if the school determines that fewer courses are needed to complete the course of study (214.2(f)(6)(iii)(C)).



    I need urgent advice from you. As you know my wife is on F1 visa and completed most of her credit hours needed by school. She has get only 1 credit hr to complete the course. However, that�s below 9 hr full time student status. She has been asked to register for additional 8 hrs..and pay tuition fee accordingly ( > 8K). Which I think is unreasonable. They told her that if she doesn�t register by tomorrow they have to report it to INS. She told them that she has EAD..there answer doesn�t matter in order to remain in school and F1 visa she has to register.


    My questions is:
    1) Can she continue working on her Thesis on her EAD and AP ?
    2) What will happen to her f1 if she use EAD

    In response to these questions my Lawyer said

    1.) yes, she can continue to be a student as an adjustment applicant � she can work using the EAD and travel using the AP.

    2) she is basically no longer an F-1 because she has demonstrated immigrant intent by filing the adjustment. Which is fine � she has valid legal status as an adjustment applicant and can work with the EAD and travel with the AP.

    What do pro�s think..:)



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  • desi3933
    07-12 04:30 PM
    Please consult with an immigration attorney, to make sure your stay is legal. if your i-94 expired, unless you get the revised I-94 with the valid dates, your stay is illegal. If it is more than 180 days, then you are in deep trouble. Consult with an attorney and prepare to leave.....

    Incorrect


    He is in legal status untill his H1 petition is pending.
    If it H1 extension with the same employer, he can continue to work for upto 240 calendar days.


    __________________
    Not a legal advice.





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  • Dhundhun
    10-14 08:30 PM
    There are 16 million houses underwater mortgage, 40 million with mortgage and 26 million fully paid.

    While presidential candidates are trying to come up with solution to save underwater mortgage and mortgage house, immigragation community can buy very small percentage of house under foreclosure. One of the presidential candidates requested to put a halt on foreclosures. IL police refused the job of forcing people out of foreclosed homes.

    I was planning to buy some house, but the market data is too scary. My fear includes invalidating transactions (as an example, in Utah sales were cancelled - http://www.abc4.com/news/local/story.aspx?content_id=d8329b86-6237-4ed2-896b-bbec104d13d2).



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  • invincibleasian
    02-04 06:15 PM
    Hello All,

    I have a valid H1 (I-797, I-94) till 2009, but my H1 Visa on my passport has expired in 2005. My wife has a valid H4 till 2009; similarly her H4 visa on her passport got expired, we haven�t traveled outside of US from then. Now she is planning to go to India next month because of some family urgency and she is planning to take an appointment for H4 visa stamping in Chennai consulate (India). My question is, is there going to be any problem for her stamping as my Visa on my passport has been expired even though I have a valid H1 I-797 till 2009?. Is there any rule which states primary applicant has to have valid visa on his/her passport for H4 stamping.

    If any one of you had a similar situation please share your experiece, it will be very helpful.

    Thank you for your help

    The issue exista only if the H4 attempts to enter us when the primary applicant is not already in the us.





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  • omahaguy
    04-05 10:07 PM
    I agree with you. I was bit tense to see RFE email since it is my first RFE. I will try to avoid giving urgent words.

    Thanks anyway for your reply.



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  • jsb
    04-16 12:09 PM
    Why do you need a new lawyer? You don't need any lawyer now for that matter, but the lawyer who filed your I-485 should not have any problem in continuing to represent you even if your last employer paid your GC processing fees. If you signed G-28, which most likely you did, your lawyer established relationship with you to represent you.

    Infact today is my 2nd day at my new job. I have decided not to inform USCIS. And I am in process of hiring a new lawyer , since my previous company paid for my GC , the company lawyer asked me to go with different lawyer for all my future needs.

    I will hire a lawyer and plan to file G28 form in this month.





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  • H1B-GC
    10-08 11:28 AM
    Read in the Newspaper that Karthik Rajaram is an Alumni from IIT, Madras. This incident made huge news back in India in all the Major Newspapers. very very Sad.



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  • jsb
    10-15 10:55 AM
    Thread is for November bulletin, and I find discussion on houses !!





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  • JunRN
    01-10 05:31 PM
    That's why I was saying that if he did work for more than 180 days for the employer, his GC is safe. If not, it can be rescinded if the employer appeal to the I-140 denial of the labor sub. and tries to prove that the original beneficiary is a "fraud".

    It can happen to anyone. So to be on the safe side, work for the original petitioner for more than 180 days. If the petitioner is a GC factory, then both beneficiaries will suffer.

    Yeah, it's good to know that AC21 works and that one labor is not used to produce many GCs.





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  • Scythe
    03-21 02:43 PM
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    kishore.salla
    01-04 02:56 PM
    Mine is also same case... I got my FP notice for Jan 9 2008.





    kittu1991
    03-17 09:00 PM
    Sorry, forgot to mention the MTR. If your I-485 AND MTR is rejected, my point still stands.


    By MTR did you mean appeal. Still you are wrong.:D



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