
immilaw
12-08 08:48 AM
Called Senator Tom Price - 770-565-4990. Was asked the Bill #.
What's the Bill # and which house is it being introduced in?
Lets not start a seperate thread. We already have one http://immigrationvoice.org/forum/showthread.php?t=2483 for these messages. Please post your messages there.
What's the Bill # and which house is it being introduced in?
Lets not start a seperate thread. We already have one http://immigrationvoice.org/forum/showthread.php?t=2483 for these messages. Please post your messages there.
wallpaper Justin Bieber#39;s Appearances On

pitha
06-11 06:37 PM
Even though this is your first post ever you are right, so you seem to understand things much better than people who have been following this forever. There are no favaroable amendments for us, the "good news" so far is proposed amendment from Collins which is going to abolish consulting for H1!!!!!!!!!!!! This is the sort of favorable amendmnets which will keep comming if the CIR comes back and on top of this, the reporter who wrote about this amendmnet, says that this brainwave amendment came after Microsoft CEO Steve Balmer met with Kyl!!!!!!!!!!
The moral of the story is, such "good" amendments will keep comming if tech industry keeps lobbying for us :mad:
Lets hope cir dies and if not then start opposing CIR
I seriously doubt if they will introduce favorable GC amendments in the next round.The focus is on the illegals and we will get negatively affected in the process. Our best course of action would be to oppose this bill and hope for it to fail. My 2 cents.
PS I do hope I am proven wrong though :-)
The moral of the story is, such "good" amendments will keep comming if tech industry keeps lobbying for us :mad:
Lets hope cir dies and if not then start opposing CIR
I seriously doubt if they will introduce favorable GC amendments in the next round.The focus is on the illegals and we will get negatively affected in the process. Our best course of action would be to oppose this bill and hope for it to fail. My 2 cents.
PS I do hope I am proven wrong though :-)

benbear
11-08 05:06 PM
I don't think 655K is a lot. Remember, 655K is for both EB and FB.
Now every year USCIS approved about 700-800K AOS, that mean they
can clear the 655K in less one year, why 655K is a big number?
get real man... 655K is lot of applications
just by plain math these will be done in Five years. If you add name check and other stuff this may be even more.
Also this time is on the top of what we have already waited for till now.
When USCIS isnt even providing simple meaningful reports (seperate EB 485 numbers) working with these random statistics is total waste.
Now every year USCIS approved about 700-800K AOS, that mean they
can clear the 655K in less one year, why 655K is a big number?
get real man... 655K is lot of applications
just by plain math these will be done in Five years. If you add name check and other stuff this may be even more.
Also this time is on the top of what we have already waited for till now.
When USCIS isnt even providing simple meaningful reports (seperate EB 485 numbers) working with these random statistics is total waste.
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waitnwatch
11-09 11:36 AM
Mr. Dobbs at it again....spinning it his way. This is so pathetic that it isn't even amusing.
Here's the link http://www.cnn.com/2006/US/11/08/Dobbs.Nov9/index.html
The relevant sections are below.....He's so desperate that he puts up his nativist colors on full display by equating English to a vote against illegal immigration. Really clutching at straws.
He fails to say that Jon Kyl is not the strident anti-immigrant that Graf and Hayworth are. Does he not get the message? Or is he just "staying the course."
-----------------------------------------------
Take for example the state of Arizona, where voters sorted through 19 ballot initiatives, eight House races, one Senate race and chose a governor. Arizona voters approved four separate measures that revealed their frustration with the endless influx of illegal aliens into that state, including one measure that makes English the official language of Arizona. And don't think that the vote was an expression of social conservatism: Arizona also became the first state in the country's history to reject a ban on same-sex marriage, the only state among eight to do so this November.
Arizonans re-elected Senator John Kyl, who co-sponsored tough legislation to establish border security and reject illegal immigration. At the same time, they refused to send anti-illegal immigration candidates Randy Graf and incumbent J.D. Hayworth to Washington.
-------------------------------------------
Here's the link http://www.cnn.com/2006/US/11/08/Dobbs.Nov9/index.html
The relevant sections are below.....He's so desperate that he puts up his nativist colors on full display by equating English to a vote against illegal immigration. Really clutching at straws.
He fails to say that Jon Kyl is not the strident anti-immigrant that Graf and Hayworth are. Does he not get the message? Or is he just "staying the course."
-----------------------------------------------
Take for example the state of Arizona, where voters sorted through 19 ballot initiatives, eight House races, one Senate race and chose a governor. Arizona voters approved four separate measures that revealed their frustration with the endless influx of illegal aliens into that state, including one measure that makes English the official language of Arizona. And don't think that the vote was an expression of social conservatism: Arizona also became the first state in the country's history to reject a ban on same-sex marriage, the only state among eight to do so this November.
Arizonans re-elected Senator John Kyl, who co-sponsored tough legislation to establish border security and reject illegal immigration. At the same time, they refused to send anti-illegal immigration candidates Randy Graf and incumbent J.D. Hayworth to Washington.
-------------------------------------------
more...

she81
07-27 08:58 PM
Can't you upgrade your 140 application to premium (when it becomes available) in that case? Just for peace of mind.
I 140 and 485 filed concurrently.
Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)
will it create any issue for my GC ?
I 140 and 485 filed concurrently.
Let's say I 140 is approved after 200 (greater than 180) days, If employer revokes I 140 after 230 days (let's say he is pissed off that i left the company using Ac 21 portability)
will it create any issue for my GC ?
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HRPRO
04-13 01:47 PM
I have got an H1B reject because LCA did not include the client location. So most of you who say its ok to work elsewhere without an LCA change, you have been lucky!
As I understand, LCAs will absolutely have to have the client location else it is a violation of the law. Small companies more often than not do not file an amendment and cut corners. If they are caught, it could lead to dire consequences.
As I understand, LCAs will absolutely have to have the client location else it is a violation of the law. Small companies more often than not do not file an amendment and cut corners. If they are caught, it could lead to dire consequences.
more...

buddhaas
02-02 03:57 PM
Why Is H-1B A Dirty Word?
By Eleanor Pelta, AILA First Vice President
H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.
But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.
Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.
How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement—the Department of Labor—but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.
Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.
It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA—these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.
And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.
The assault on H-1B's is not only offensive, it's dangerous. Here's why:
* H-1B's create jobs—statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers—this is lost when companies are discouraged from using the program.
* The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
* The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
* The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India –one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
* The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
Whatever the cause of the visceral reaction against H-1B workers might be—whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy –I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
source link : http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html#comment-form
By Eleanor Pelta, AILA First Vice President
H-1B workers certainly seem to be under fire these days on many fronts. A new memo issued by USCIS on the employer-employee relationship imposes new extra-regulatory regulations on the types of activities in which H-1B workers can engage as well as the types of enterprises that can petition for H-1B workers. The memo targets the consulting industry directly, deftly slips in a new concept that seems to prohibit H-1B petitions for employer-owners of businesses, and will surely constitute an open invitation to the Service Centers to hit H-1B petitioners with a new slew of kitchen-sink RFE's. On another front, USCIS continues to make unannounced H-1B site visits, often repeatedly to the same employer. Apart from the "in-terrorem" impact of such visits, I personally cannot see the utility of three different visits to the same employer, particularly after the first one or two visits show that the employer is fully compliant.
But USCIS isn't the only agency that is rigorously targeting H-1B's. An AILA member recently reported that CBP pulled newly-arrived Indian nationals holding H-1B visas out of an immigration inspection line and reportedly placed them in Expedited Removal. The legal basis of those actions is still unclear. However, the tactic is too close to racial profiling for my own comfort.
Finally, recent H-1B "skirmishes" include various U.S. consular posts in India issuing "pink letters" that are, simply put, consular "RFE's" appearing to question the bona fides of the H-1B and requesting information on a host of truly repetitive and/or irrelevant topics. Much of the information that is routinely requested on a pink letter is already in the copy of the H-1B visa petition. Some of the letters request payroll information for all employees of the sponsoring company, a ridiculous request in most instances, particularly for major multi-national companies. One of the most frustrating actions we are seeing from consular officers in this context is the checking off or highlighting of every single category of additional information on the form letter, whether directly applicable or not, in effect a "paper wall" that must be overcome before an applicant can have the H-1B visa issued. Very discouraging to both employer and employee.
How have we come to a point in time where the H-1B category in and of itself is so disdained and mistrusted? Of course I'm aware that instances of fraud have cast this category in a bad light. But I think that vehemence of the administrative attack on the H-1B category is so disproportionate to the actual statistics about fraud. And interestingly, the disproportionate heavy-handed administrative reaction comes not from the agency specifically tasked with H-1B enforcement—the Department of Labor—but from CIS, CBP and State. Sometimes I just have to shake my head and ask myself what makes people so darn angry about a visa category that, at bottom, is designed to bring in relatively tiny number of really smart people to work in U.S. businesses of any size. It has to be a reaction against something else.
Yes, a great number of IT consultants come to the US on H-1B's. It is important to remember that so many of these individuals are extremely well-educated, capable people, working in an industry in which there are a large number of high profile players. And arguably, the high profile consulting companies have the most at stake if they do not focus on compliance, as they are the easiest enforcement target and they need their business model to work in the U.S. in order to survive. Some people may not like the business model, although arguably IT consulting companies provide needed services that allow US businesses, such as banks and insurance companies to focus on their own core strengths. Like it or not, though, this business model is perfectly legal under current law, and the agencies that enforce our immigration laws have no business trying to eviscerate it by policy or a pattern of discretionary actions.
It is true that some IT consulting companies' practices have been the focus of fraud investigations. But DOL has stringent rules in place to deal with the bad guys. Benching H-1B workers without pay, paying below the prevailing wage, sending H-1B workers on long-term assignments to a site not covered by an LCA—these are the practices we most often hear about, and every single one of these is a violation of an existing regulation that could be enforced by the Department of Labor. When an employer violates wage and hour rules, DOL investigates the practices and enforces the regulations against that employer. But no one shuts down an entire industry as a result.
And the IT consulting industry is not the only user of the H-1B visa. Let's not forget how many other critical fields use H-1B workers. In my own career alone, I have seen H-1B petitions for nanoscientists, ornithologists, CEO's of significant not for profit organizations, teachers, applied mathematicians, risk analysts, professionals involved in pharmaceutical research and development, automotive designers, international legal experts, film editors, microimaging engineers. H-1B's are valuable to small and large businesses alike, arguably even more to that emerging business that needs one key expert to develop a new product or service and get the business off the ground.
The assault on H-1B's is not only offensive, it's dangerous. Here's why:
* H-1B's create jobs—statistics show that 5 jobs are created in the U.S. for every H-1B worker hired. An administrative clamp-down in the program will hinder this job creation. And think about the valuable sharing of skills and expertise between H-1B workers and U.S. workers—this is lost when companies are discouraged from using the program.
* The anti-H-1B assault dissuades large businesses from conducting research and development in the US, and encourages the relocation of those facilities in jurisdictions that are friendlier to foreign professionals.
* The anti-H-1B assault chills the formation of small businesses in the US, particularly in emerging technologies. This will most certainly be one of the long-term results of USCIS' most recent memo.
* The attack on H-1B's offends our friends and allies in the world. An example: Earlier this year India –one of the U.S.'s closest allies --announced new visa restrictions on foreign nationals working there. Surely the treatment of Indian national H-1B workers at the hands of our agencies involved in the immigration process would not have escaped the attention of the Indian government as they issued their own restrictions.
* The increasing challenges in the H-1B program may have the effect of encouraging foreign students who were educated in the U.S. to seek permanent positions elsewhere.
Whatever the cause of the visceral reaction against H-1B workers might be—whether it stems from a fear that fraud will become more widespread or whether it is simply a broader reaction against foreign workers that often raises its head during any down economy –I sincerely hope that the agencies are able to gain some perspective on the program that allows them to treat legitimate H-1B employers and employees with the respect they deserve and to effectively enforce against those who are non-compliant, rather than casting a wide net and treating all H-1B users as abusers.
source link : http://ailaleadership.blogspot.com/2010/02/why-is-h-1b-dirty-word.html#comment-form
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sands_14
04-27 12:18 PM
PD cud have been applied at time of filing the new I140 but now you need to file new labor and new I140 to get the PD ported.
Still consulting a lawyer is best.
Still consulting a lawyer is best.
more...

BMS1
11-08 01:17 PM
NO,
Family based has 1.3 Million pending applications.
AOS has only 655K. So be happy. :D
Do you mean EB based AOS alone is 655K? 1.3 million is I-130 petition which is different from AOS.
Family based has 1.3 Million pending applications.
AOS has only 655K. So be happy. :D
Do you mean EB based AOS alone is 655K? 1.3 million is I-130 petition which is different from AOS.
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rani77
03-17 07:57 AM
I saw your post completely. It looks like that is a no go but you can try two things open a MTR and file an 140 in EB3 .Also parallely start another new case from scratch . You PD is Aug 2006 which may not seem a big advantage now but in a couple of years of time it will be. This may also cost a bit more so apart from financial aspect it doesnt hurt more to do these do things parallely. You got to take the call. Also make sure that you hire a good /well know attroney , your case typically indicates that the attorney made the wrong decision in filing
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GoneSouth
09-03 03:06 PM
Doesn't matter. MS+0 works just fine. (My EB-2 was MS+0).
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eastindia
09-23 11:14 AM
As long as greedy corporations like microsoft exist noting will happen to H1B program..its the economy that's it ..once it start moving up h1b will become l1b and the import of cheap labor starts once again .....you guys are just spreading fear nothing else ....
You hate Microsoft because you cannot a job there. Why don't you spend time upgrading your skills and get rid of your hatred for H1B workers.
If you think it is too much for you and you would rather blame Immigrants for your incompetence, then you may want to try apply as a Janitor in Microsoft or Google. Maybe they will hire you. You can then tell all your friends that you work for Microsoft. :D
You hate Microsoft because you cannot a job there. Why don't you spend time upgrading your skills and get rid of your hatred for H1B workers.
If you think it is too much for you and you would rather blame Immigrants for your incompetence, then you may want to try apply as a Janitor in Microsoft or Google. Maybe they will hire you. You can then tell all your friends that you work for Microsoft. :D
more...
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reddyram
07-19 01:36 PM
There are too many If's and Buts over here.
If you confront your company telling them you want to leave , they will immediately summon you to return back to India. There is NO WAY where you can be in US, X fer H1 and keep them happy..IMHO ..I doubt any.They have very strict dictum because this the biggest fear - ur using them instead of them using u .
So u can respectfully return back to India , to keep them happy and then start all over again OR
u can do some hunting :
<> Prev WIPRO employees "Jumping" record. What happened to them
<> Date some HR , BA pass , aunty over there . "Make her happy aunty " every day and night :D and then she will tell u , in realistic terms how ur company pursues cases like u so u know what is the likely outcome.
If you confront your company telling them you want to leave , they will immediately summon you to return back to India. There is NO WAY where you can be in US, X fer H1 and keep them happy..IMHO ..I doubt any.They have very strict dictum because this the biggest fear - ur using them instead of them using u .
So u can respectfully return back to India , to keep them happy and then start all over again OR
u can do some hunting :
<> Prev WIPRO employees "Jumping" record. What happened to them
<> Date some HR , BA pass , aunty over there . "Make her happy aunty " every day and night :D and then she will tell u , in realistic terms how ur company pursues cases like u so u know what is the likely outcome.
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tnite
09-30 02:58 PM
If you dont mind, can you please elaborate little bit more on this?
I worked on-campus and I did put that info on the g325 form. The AO wanted me to send any or all work authorizations, H1B etc for the period they had mentioned. I had to send my I20, OPT EAD explaining them that I worked on campus as an F1 International student.
I think putting in oncampus jobs really messes it up and they end up issuing a RFE thinking its illegal employment.
I worked on-campus and I did put that info on the g325 form. The AO wanted me to send any or all work authorizations, H1B etc for the period they had mentioned. I had to send my I20, OPT EAD explaining them that I worked on campus as an F1 International student.
I think putting in oncampus jobs really messes it up and they end up issuing a RFE thinking its illegal employment.
more...
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gc_chahiye
11-13 12:11 PM
after 180 days it doesn't make a difference whether i-140 is approved or not, one can change job..
i am not a lawyer
provided they find that your I-140 was "approvable" at that 180 day mark. If at that point they feel it was not (or worse try to issue an RFE to your old employer) you could be in trouble. Safest to wait for approval.
i am not a lawyer
provided they find that your I-140 was "approvable" at that 180 day mark. If at that point they feel it was not (or worse try to issue an RFE to your old employer) you could be in trouble. Safest to wait for approval.
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tikka
06-22 09:42 AM
any responce
If it is positive you will be sent for a chest xray.
If your chest xray comes back normal you are good to go!
If it is positive you will be sent for a chest xray.
If your chest xray comes back normal you are good to go!
more...
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Winner
04-08 04:18 PM
All i am asking is the media they know and number of users. I dont know what you talking about.
Ok, how do we contact the state representative. Through the county representative, then the city, then street?
There are a few more things in this site apart from forums. I would recommend to spend some time learning more about the group, its activities, state chapters etc.
Also, did you know we have some action items? and did you notice some people donate time and money?
Ok, how do we contact the state representative. Through the county representative, then the city, then street?
There are a few more things in this site apart from forums. I would recommend to spend some time learning more about the group, its activities, state chapters etc.
Also, did you know we have some action items? and did you notice some people donate time and money?
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poorslumdog
03-28 01:11 PM
Yesterday, I went for my H1b stamping but was issued a 221G. I had all documents that the VO asked for.
What are my chances of getting tbe visa without the original contract?
I had to travel to India because of a family emergency. My family is in US as kids are in school. I would really appreciate if you can answer.
Have you ever participated any of the IV's campaign on various issues. Have you ever volunteered your time or donated money.
If no, you deserve this and rot in hell. There is no solution and you people are running to IV only when disastor strikes. But its too late.
If you cannot get the original contract nothing can be done...
What are my chances of getting tbe visa without the original contract?
I had to travel to India because of a family emergency. My family is in US as kids are in school. I would really appreciate if you can answer.
Have you ever participated any of the IV's campaign on various issues. Have you ever volunteered your time or donated money.
If no, you deserve this and rot in hell. There is no solution and you people are running to IV only when disastor strikes. But its too late.
If you cannot get the original contract nothing can be done...
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immi_seeker
07-14 12:31 PM
I called uscis and they have asked me to refile I-765. They said they will issue new EAD with extended dates. Not sure how long will it take. And i dont believe issuing 3 month EAD was intentional. They probbaly wont have any idea when the 485 would be adjudicated when they approve EAD.
hatighora
07-30 02:54 PM
I think there is a chance if the baby becomes a celebrity baby. If our babies become a hollywood star,sports star or a baby genius, there should be some possibility of getting greencard thru that baby, but with an ordinary baby chances are slim with the current immigration rules.
LostInGCProcess
09-04 11:07 AM
I beg to disagree on this thought: If you are on H1B until Dec 2009, you will have to file H1B Extention for 7th Year (I am guessing you are in your second h1B renewal). For any reason if you get denial for I-485, your H1B extention will also be cancelled, remember extention was given to you on the basis of pending I-485 (GC).
so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.
so after DEC 2009 , it's the same wheather you are on EAD or H1B Extention.
I think in the above scenario, they do not invalidate your H1. You can continue till the end-date on the H1, even though it was approved based on pending I-485. I suggest you consult an attorney on this specific scenario.
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