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  • kaisersose
    06-02 01:42 PM
    you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?

    If they know you changed employers to use EAD (your previous employer has to cancel your H-1b by law which also cancels the H-4), then they will know.

    Check some of the RFEs that are coming in these days. They want to see documentation in support of lawful presence right from day one of the applicant's entry, even if it was 10 years ago.




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  • bigboy007
    06-17 04:13 AM
    There might be way but may be you need play carefully : this is possible before you actually get your GC , Once you apply for GC and CAn PR , PR takes 1.7 years where as GC whole process needs atleast 4-5 years i dont know wherez ur state at ( that time line is from scratch)

    Now you can play staying in windsor area before you actually take up GC and then apply for citizenship while leaving this is possible but timing and luck needs to play . But you cant have both for sure.




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  • vad
    09-17 11:53 PM
    Arnets reply is pretty comprehensive.
    The main point is the are looking at 8-10 years fro nowto settle. Are they willin to look at short term difficulties in ordder to move? Also the usual waiting time for GC after all the hassles. So they have to judge what they have there against what they might get in 10 years:eek:


    vinay

    disclaimer: i'm nt an immigration attroney, so please consult one for exact situation, as laws and procedures are constantly changing.

    I'm NOT in medical field but writing based on what i heard..thought might be useful for you.....below is the most common way of coming to US for MBBS degree holders in india....

    they can write USMLE exam (check www.usmle.org) and if they pass the step1, step2, step3 exams they can apply to US universities (atleast few of them based on the score) for MD residency programs which is usually four years course.

    some say step1 and step2 is enough to apply but step3 gives more advantage but nt sure. BUT CHECK THE ELIGILIBITY FOR EXAM AND DO RESEARCH ON THESE COURSE AND OTHER TOPICS TO GET EXACT DETAILS...

    they can come here in H1 or J1 visa if they get into residency programs but check the procedures. but in general, after residency program, they need to work 3 yrs in underreserved areas (mostly 30-50 miles away from city, nt bad, oppurtunites are good there).

    writing USMLE and getting into residency programs is really very very tough as more competition now and need very top score and their previous experience, degree/diplomas, research, etc helps.

    if they both try and one get it through, then the one who get it into residency program can come into J1 or H1 visa and others can come in H4 visa (dependents-children and spouse).

    they will be paid atleast 40-50k per yr during the residency (four yrs) and after that based on their work and experience, they will paid more atleast >100k per yr.

    regd greencard, i think, they can apply only after 3yrs of working in under-reserved areas. some say they wont have to do labor because they get waiver because they worked 3 yrs in under-reserved areas but for this you need to consult an immigration lawyer.

    but for all this, they have to first COLLECT all the details and CHECK THE ELIGILIBITY FOR ALL THIS...they have to plan properly because while studying for USMLE or during this entire process, it is nt easier but they have to undergo a LOT of stress as they might think we are doing well in india why we moved here. but remember, it pays them in long run, it depends on each one how they look.

    good luck....:)




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  • arrarrgee
    07-13 11:29 AM
    Read on CNN that west coast is hitting 125 in some places...if thats the case guess you guys should be good not wearing any suits...would look odd:eek:

    Its a good idea but make sure you guyz are comfortable. It must be hot out there.



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  • rajuram
    11-08 11:54 PM
    According to the following document from USCIS they issued receipts for approx 150K applications for AOS in sept. So my estimate of the total back log is


    June filers 75k
    July - 25k
    August 200k
    Sept 150k
    Oct 50K

    Total = 500k

    http://www.uscis.gov/files/article/APPLICATIONS%20FOR%20IMMIGRATION%20BENEFITS_Septem ber07.pdf




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  • Joybose
    08-14 02:58 PM
    Just now my lawyer called to tell that she got all my receipts , filed on july 2nd but my wifes application was rejected for "insufficient filing fees", I had put in a single check for $745 , how can this be, it was both in the same fedex packet, she says it is some "mailroom error", so she sent back the application with a letter and my receipt copy to accept. My app also had a $745 check and that was receipted,
    Has this happned to anyone, please respond , i am wondering if what my lawyer did was correct, pls share your experiences.
    Hey, which service center, Texas or Nebraska.



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  • smarth
    02-01 09:42 AM
    congratulations...
    We r sill waiting for GC, no idea when I will give message "Received GC"...:-)




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  • peer123
    04-10 09:22 AM
    I am not sure how to set up a poll question

    Can any one who knows how to do it set up a poll question

    Have changed job using AC21, after having approved I140 and > 180 days of 485 application?

    1. Invoked AC21
    2. Invoked AC21 and H1B transfer
    3. Did not inoked AC21 but only H1B Transfer
    4. Did not change JOB

    Thanks
    peer123



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  • suren26
    07-24 12:54 PM
    My LAWYER is saying the same that i am leagal till FEB 2010(compelting 6 yrs). He is asking me to renew the H1B for 1 year based on I140 appeal. and apply for new LC & and I140 based on that and if it gets approved then rebew H1B for 3 yrs based in new approved I140.

    But some threads are saying that if you I485 gets denied then you have to reinstate the H1B, Is that true?




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  • masterji
    05-18 12:31 PM
    If this passes this will be awesome for Ph.D. graduates.



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  • cdeneo
    04-02 10:12 PM
    Related question:

    You get on the EAD track and take up a contract offer. Now as I understand it, AC21 will not apply to the contract offer and the contracting employer will not give a letter stating to continue the GC process since you are on contract. If the original sponsoring employer revokes the I-140 petition (I-140 approved and 180 days have passed post 485 submission), this would basically cause a NOID and the only way to not have the 485 filing denied would be to reply to the NOID with information of a full time offer in a same or similar job and the new employer willing to continue the GC process - is this accurate?

    Again, this is merely assuming that I-140 is revoked by the employer who had started the GC process once the employee leaves and takes up another job on contract using EAD. This would mean that there is risk in this scenario (where the I-140 petition is revoked) to take up employment on contract.

    Would like to hear from others of what they think about this?

    The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.

    According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.

    Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.

    Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.

    Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.

    Ams




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  • xgoogle
    08-20 01:52 PM
    Yes even our received dates are different, mine was Sep 28 and my wife's was Sep 27. Receipt #s are SRC07285**** and SRC07284**** respectively.

    For me and my spouse [derivative] only the last 2 digits differ. I got approved from TSC on 8/8/8 and received the card on 8/15/8. My spouses status still says:

    Current Status: Case received and pending.

    On September 28, 2007, we received this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

    PD: 3/3/6



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  • leoindiano
    08-03 12:23 PM
    I have the notice of action for my I-140 approval. It doesn't mention an A# anywhere. Are you sure about this?

    There should be a box for A number, is it blank?




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  • hazishak
    08-01 11:12 AM
    Thanks for your quick reply :)



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  • usirit
    11-21 12:21 AM
    I second this. In fact I would say if you are ROW-EB3, see how you can find a job that allows you to file your GC in EB2. Even if you dont like the job. You will need to stick to it maybe an year or two and then you'll have your GC and will be all set!
    Meridiani.planum.... Thanks for your reply....
    Is the GC under EB-2 that quick? I wonder why my attorney didn't try to FIT me on EB-2... I'll definitely research my 'fitting' options as an EB-2.... now, do you know if are there hidden issues on getting a GC as an EB-2 rather than an EB-3? Or, Is a GC the same regardless the employment-based category?




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  • Jeff Wheeler
    11-30 02:31 AM
    and no Jeff, it wasn't directed at you

    Phew! :lol:



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  • eb3_nepa
    07-29 05:42 PM
    As far as I know we HAVE NO STAND on the issue.

    Our goal is simple, to seperate ourselves from "undocumented immigrants", we do not call it "illegal immigration" as per our initial IV discussions.

    IV stands as an organization for Employment Based Legal Immigration and nothing BUT that. So, again, in short we HAVE no stand on "illegal immigration".




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  • shirish
    10-02 11:14 AM
    I am in a similer situation, Did not get a clear answer from any one, but i was told that if i use EAD then my son has to use the I-485 receipt notice and the ap ti renter and the receipt will keep him in legal status.

    I am bit confusedon this though.




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  • Friend
    02-15 10:45 AM
    We (me, my wife and my son) are submitted 485 applications on July 7th to Nebraska service center latter they transferred to Vermont from there it again transferred to Taxes Service. Unfortunately I forgot to write the amount in wordings in my wife's 485 application check so they rejected my wife's application on Oct 9th, they enclosed the letter to re submit the application by using the new fee. We re submitted on Oct 15th by enclose the two checks $325 and $1010 along with the covering letter and the letter what they are given.

    Again they rejected the application in Dec 12th by mentioning Visa number is not available for this application. That time my attorney is not there He went to India so no body inform to me. He came back on Jan 28th we re submitted again by explaining all the details, but they reject on Feb 14th mentioning the same reason Visa Number is not available.

    I have seen so many people are got their receipt numbers if they re submitted the application for any mistakes. Me my son got the receipt numbers and Fingerprint every thing.


    My Attorney is telling we need to wait for PD current. Mine is PD for EB2 India 6/6.

    My wife doesn't get her receipt 485 number I am not able to use my EAD.

    Can any body suggest how to approach this case? Or is any one face same issue.

    Thanks.




    senthil1
    05-09 11:58 PM
    As for as I knw You can be out of job for any period in EAD. But when they process I485 you need to be in the job. Many unemployed persons are getting GC interview. If you do not get RFE or interview then it is ok even if you are unemployed at the time of receiving gc.




    gchopes
    02-11 10:00 AM
    Can one have valid H1B (I-797 only) and then travel on AP and return? This way he / she doesnt have to get a visa for H1B when returning. Any inputs?



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