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i guess it doesn't count ppl who are waiting. The no of ppl who are not able to file 485 is huge.

From the data, it seems you are right. But it is pretty confusing. If your logic is correct then once the July 2007 backlog is cleared, will they say 0 demand and then make all dates current again ??
The "demand" ideally should mean people whose 140 has been cleared and waiting to file 485 + those whose 485 has been filed and not yet processed.

Do we need to go back and renew again after obtaining the new EAD ?

Yep - got mine 2 months back. Docs to carry

- Original social security card.
- Original EAD card
- The first lady asked me to bring the employment letter. I did not have it with me, I went home to get it and got in another line, that dude did not even look at it.
- Passport and I-94 (They did not check this) I took it just in case
- Cash - 25$

You will get a 5 year license, but it will say that you are a temp visitor till your EAD expires. You will have to take your EAD in when the new EAD comes in.

Let me know if you need further details.

Thanks. Can anyone please help me in understanding how long does it take to get EAD aprroval from the starting point for EB1,EB2 and EB3 category. I am interested only in EAD approval at this point.

EB1 - current
EB2 - 3-2 years
EB3 - 10 - 20 years....

You cannot use the experience gained with your current employer...so you are coming under EB3 and its a long & treacherous journey for you. Take part in advocacy day on Apr 4 & 5 th in DC.

Dear All ,
I recently got my I-140 approved, got our(me and spouse) EAD and AP too.Now what I am wondering is that
1.Am I still on H1 status or the status now becomes EAD ?
2. If my H1 still holds good then should I go back to India to get my fresh H1 stamping as it will expire november next year or should I go for one year H1 extensions(as I heard from friends ) till I get the GC ?
3. Is there any stipulated time limit within which my wife has to apply for her SSN( we have not yet applied for it. )
4. My passport is going to expire on December next year. Do I need to go to India for renewal or it can be done from here itself. If it can be done from here itself then when is the earliest to start that process ?( I will be happy if u could send some links that will guide me ).

Thank you very much in advance.

Anci.


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I-94 validity given by immigration officer over-rides the I-797 I-94 validity

Yes the I-94 given by the Immigration Officer Overrides the I-94 Validity Issued by
USCIS with your I-797. This is Per the "Last Action Rule".
When you Entered US on your Visa, you should have shown the New I-797 Approval and the Officer @ POE would have given you the I-94 Valid until the New I-797, if they dont we have right to request to talk to their Supervisors.

Anyway, its too late now and you have the following 3 Options:

1. You can go any of the Customs And Border Protection deferred Inspection sites
and get it corrected, refer to link below to go the site nearest to you.
Also, it DOES NOT have to the same city where you entered US. You can
go to any site.
http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/

2. You can go out of US and while entering back you should make sure you use the
Latest Approval. You can go to Canada by Road and Come back.

3. File for H1B Extension before June 2008 which is the Current I-94 date on your
Passport

Other Senior Members feel free to Add more Options.

Here are a bunch of links showing abuse of some of us H1Bs.

In short Tata was requiring H1B employees to sign over tax refunds to them. It also appears that Tata ensured that taxes were overpaid to ensure that there was plently of refund for them to blackmale employees out of.

http://www.lieffcabraser.com/press_releases/tata_press_20060214.htm
http://www.indianexpress.com/full_story.php?content_id=87970
http://www.indianexpress.com/comments_print.php?content_id=87970&from=0
http://economictimes.indiatimes.com/opinions/1415985.cms

Sounds to me like a case of criminal fraud by Tata.

The numbers for 2005 were released in jan 06. They were discussed then in this forum.
http://immigrationvoice.org/forum/showthread.php?t=78
Please post the links when ever they release the numbers for the fiscal year 2006.

Hi All,

My wife was on H1b till few months back. She left her job and is currently on AdjustmentOfStatus. We have received the filing receipts for her Adjustment of Status Application, and her approved EAD as well.

But yet to get back anything on her Advance Parole Application, though we have the filing receipts. She now needs to travel to India due to some family reasons. Is it safe for her to travel without approved Advance Parole?

I have an approved H1b till early 2009 and plan to use same for my travel.

Any pointers on this one?

Thanks

From what you say do you mean your wife now has no current visa status?
If so she has to have advanced parole in hand to travel. She is effectively now on her EAD and AOS combined and neither of these bestows travel privileges.

If however, as other responders have assumed, that your wife is on an H4 now as your dependent then she can go for visa stamping and re enter the US on that visa

Congrats ajkastar..Pls let us know when you filed for your 485? How long did it take you after the finger printing..
Thx
Friends,
Finally my 485 is approved,
" On July 26, 2007, we mailed you a notice that we have approved this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS"

Long wait is over....
I thank IV core members and all others for their efforts and information.

Case details
EB3 - India
PD - Nov2003
RD - Aug 2004
Approved - 7/26/2007
RFE - Birth Certificate and 325, Yes replied last Sept.

This is NOT labor substitution - but another proposed rule that would invalidate any labor certs taht were not followed up with a I-140 within 45 days.

Can we also port the PD if second I-140 is already approved, and file I-485 while using old PD?

if not ..u should take a chance

short term insurance is not recommended because, to my knowledge, short term coverage time period does not count toward pre-existing condition wait time. COBRA coverage period does. It is more expensive, but it is worth it.

Also, I think short term coverage is available only for 3 months or 6 months. Not sure if it is available only for 30 days.

AFAIK you can continue your insurance coverage as it was from previous employer only difference is that you will have to pay for it. Ask HR or Insurance Agent assigned/responsible for your employer.

Alternatively you can buy short term insurance, i used Fortis many times in past. Its very cheap and will cover you between jobs. Search for short-term coverage.

HTH
-s

.......you can work for a private for-profit enterprise too. But you should be able to satisfy the usual test for NIW such as Intrinsic merit, National interest etc(google the criteria).
If in the field of your work you have created an imapct which is national in scope, you have achieved academic distinction, have papers, citations, patents etc and can produce recommendation letters from your industry stalwarts... then NIW can be justified.

I am not an attorney.., ;) but I did the justification for my wife's self petition successfully. It worked for her, but may not necessarily hold up for every one. I think individual cases need to be evaluated for suitability and probability of success.

thanks,
slowwin



Without a job offer from a national lab, it makes it hard to say why I want to skip the labor certification. Companies that need work of national interest now first ask for a green card before they give a job offer in a chicken and egg game. That I am nearing the end of 6-ye H1B may not be good enough reason to bypass labor. The most reasonable argument I can think of is that my stopping work will harm US national interests and no one else can do that work because I am special. What do you think?

Thanks guys for all your responses....

I got the paperwork from my attorney for my wife's 485 as they want us to be ready so that if dates are current, we just mail the paperwork without having to start at that time.

However, my wife is pregnant and i am not sure if medical examinations are possible. What are my options ?

Complete medicals without the vaccines, etc which cannot be taken during pregnancy. The Civil surgeon shoould make a note on the medical report that the applicant is pregnant and so medical is incomplete.

When your 485 is picked up for processing, an RFE will be issued and then she can complete the rest.

Assuming you have very good credit history - you may also consider getting Citibank PremierPass Elite card. It gives you 1 thankyou point for each mile - multiplied by the number of travellers when you book using this card. This is in addition to any airline miles you will earn.

I got $500 of gift cards (staples/sears etc.) and cash checks from encashing the thankyou points (roughly fifty something thousand) from my last India trip. This card has $75 yearly fee - but that is more than compensated by the 20,000 bonus thank you points they give for enrolling in the card.

And if you have a long layover like I had (7 hours) - maybe you could even consider one of those cards which gives you free lounge access. I have Citibank Platinum Amex. These cards require even better credit history than Premierpass Elite. Again - all these cards have yearly fee - but you can get bonus for enrolling which compensates for these. Mine has a $125/yr fee and gave me a bonus of 20,000 thankyou point for enrolling.

I typically go to india every alternate year. My plan is to cancel these cards every year and re-enroll just before I travel.

if you have bachelors and more than 5 years, you can definitely qualify for EB2. Good luck

I was also taken aback initially when I read this. The 8 year wait doesnt apply to title 5. Title 5 already is designed to clear the backlog of EB immigration from 6 years to 0/at best minimum since quota is increased and there are exemptions. The 8 year backlog refers to family based.

Thnx agan!!

+2003 11
2004 37
2005 49
2006 35
Total 132

draw your own conclusions
Seems right to me... I think a lot of 2004-2005 applicants are also getting approved.

BTW, I am also a 2006 applicant and July 2nd filer but still waiting... :(

Thanks h1bworker! I had a call with their immigration lawyers

AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.

The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.

My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...

Don't know if there are any other options - may post this as a separate question.


However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.

Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.

they never clean backlogs. they just move from one queue to other.
cmon dont u know it by now!

Amazing progress NSC from July 04 - > July 05 :D

They can't beat TSC. For last six months, TSC has progressed, moved backwards and what not, ultimately still stuck at last week of June 2007.:confused:

Also, I am wondering. CIS mentioned 15 months estimated time period to process 485 filed during VB gate. (this was in one of the recent visa bulletin) Isn't that 15 months long over by November-2008????? My 485 has not even an LUD since filed in July 2007, I am sure many others are in same boat.