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Here's my situation:
- H1B visa in the 6th year
- I140 approved
- I485 applied July 2 '07
- EAD and AP available

I am getting laid off on Sept 30, but will be on salary and benefits continuation (SBC) for 5 more months until Feb end ie. I'll be paid 100% of my base salary on a monthly basis. Assuming that I don't have another job offer by end Feb, my questions are:

1. What is my H1b status Oct 1 onwards? Am I still on H1 until Feb end? Or does my H1 get revoked the day the company intimates USCIS/INS?
2. How long do I have after Sept30 to find and job and retain my H1 status?
3. I have read somewhere that if there is an employment gap on an H1 the H1 transfer may get approved but I'll have to exit the country and get back in again. Is this correct?
4. Since I have an EAD, am I safe? Can I stay unemployed on an EAD?
5. My current EAD expires Oct 24. I had applied for a renewal Aug 6 so don't expect to get it before the Oct 24. Will this gap in EAD cause an issue with regards to my GC process or ability to stay in the country?

Thanks.

This is actually a pretty good argument/statistic. However; it isn't specific to employment base but rather to worldwide level of immigration from all sources.

In my opinion, it is more relevant to EB immigration....To support a higher number of benefit recipient you need a higher number of EB immigrant who are more likely to be productive that FB immigrants.....

Now that is equivalent of passing judgment on FB immigrants as being unproductive.....I know I am going to get flak on that...

Yes it will, unless there are more EB1I visas which could spill over to EB2I, in which case EB2I will move ahead of EB3I. But that guy has also said that the spill over may not happen because of the demand for EB1I.

Its just unbelievable that EB2I and EB3I (i.e. the persons who have PD when the numbers were calculated) will have to wait for about 19 years to get their GCs. We HAVE to do something about this.

I agree with you sledge_hammer. We have to do something about this. The easiest and most convenient thing that we can all start with is to support IV; how can IV fight for us with mere $3,200 a month? Folks, please wake up and smell the coffee; please contribute for your own cause.

Hello,

I have a problem. My husband's green card has been approved 2.5 months back and mine wasn't approved yet. I was called in for interview. Honestly, we dont know the reason why.

One of the documents that we need to present during the interview, is my husband's EVL. Since he already got his GC, we just learned few days back that his salary should at least match the prevailing wage in his labor certification. Unfortunately, we dont have a copy of his labor, Thus, we dont know his prevailing wage. One thing, we are sure of is his current salary is lower than the offered wage.

Now, during the interview there's a chance that the officer will notice that there is a discrepancy in the numbers.

So concerned about this. Any advice on what to do??? Please please we really need your help.

Thanks a lot!

This is what I was also proposing in another thread. we should ask for an administrative fix where once the application is pre adjudicated the applicant should be left alone and not issed any Employment verification letter rfe, or semilar\same job restrictions if they are back logged because of country quota and face multiple year wait, this way atleast it will give people some breating space, the way the system if set up right now, EAD, 485 pre adjudication, I140 approval are all useless if you keep getting Employment verification letter rfe and same semilar job rquirement. Without visa recapure it is going to take atleast 10 years for Eb3 and Eb2 india, in the next 10 years you will keep getting Employement verifivation letter rfe and semilar and same job requirement, there is no way anybody can survive that for 10 yeears. Administrative fix like this can happen without passing a law, for example USCIS started issuing 2 year EAD for retrogressed applicants as an administrative fix. We dont even need a interim green card we can continue on EAD with the administrative fix to exempt cases which have been preadjucated (485) from Employment verification letter RFE and same and semilar job requirement.

I just used t he term Interim GC to convey the idea, it could be named anything. EAD is a also a partial GC, it gives you rights of a GC holder pending administrative processing of your application - to work with any employer. The interim GC may provide all rights of a GC holder, awaiting final count in the legal register (due to legal need of numeric limitations) and the final card, just like a temporary driver license you get immediately after the road test. The idea is that once this stage is passed, no further questions on employment, etc. should be asked.

Left parties are the worst no doubt about that. Have you gone through the BJP manifesto, its IT vision document and also have you heard about Friends of BJP forums started by Indian businessmen. Yes, Advani runs his politics on religion and Ram temple. Do you think congress does not use religion? Do you hear the news that in Kerala congress has fielded candidates supported by church? Tomorrow if Sri Sri Ravi Shankar or Ramdev baba do the same thing with BJP, our media will shout from the roof top that this is communalism. Do you know Congress is allied with Muslim League in Kerala?

Snathan, all parties use the dirty tricks. Congress, BJP, Communists. But I will always support the party which builds Ram Temple rather than the party which destroys Ram Setu and even denies the existence of Ram.

I agree and how can we forget the reservation for OBC by congress. Persecution of sikhs after the murder of Indira Gandhi. That time congress was doing right thing it seems and they were not merchants of death of the time. Is it?

That is not communalism but if someone says injustice is being done to Hindus or brahmins, that is communalism.

Otherwise how would you explain the sudden rise in EB1 filings and a quota which never used to be over in previous years suddenly has cut-off dates.
If we keep quiet, these same clowns will use up all the visas and smirk at us for filing in the "lower" categories. What a backdoor to a green card! :mad:

Those clowns will rot in hell! All those unworthy idiots will never make it here till the end.

Hi, And just for my own and others who have a Priority date earlier than March 2006; can you tell us after looking at the today's data; when will we be current?

Thanks.

By Septemebre 2010, EB3-india wll be in the mid of 2002.

Yep.
So what you are saying, in other words, is 7% limit is for every country in the world (Except USA:)) correct?

1] To date there are 60K EB2I and another 60K EB3I I-485 applictaions pending.
2] 3.2K visas were available for EB2I for FY2009.

Assuming 3.2K visas are available every year from now on, it will take 60/3.2=18.75 years for all EB2I applicants upto today to be granted GC.

Unbelievable!

I think you have not yet included those doing Consular Processing in your computation. CP accounts for about 20% of total usage.

Read this memo:

http://bibdaily.com/pdfs/6-21-07%20AILA%20memo%20to%20Atyes%20&%20Neufeld.pdf

USCIS has indeed broken the law by doing what it did this month.

Like I said on the other thread. AILA's latest memo proves the USCIS violated regulations by rejecting EB3-other 485 petitions in the middle of the month even though those petitions were current in June.

And like I said, USCIS is now acting like an undocumented immigrant violating laws and regulations. And we just finished an 18 month debate in the senate about the law abiding issues of immigrants.

Here are media contacts:

60m@cbsnews.com
HDNet: Dan Rather reports
mcuban@hd.net, wnelson@hd.net
nytnews@nytimes.com,
news-tips@nytimes.com,
washington@nytimes.com
AmericasNewsroom@foxnews.com ; satya.prakash@hindustantimes.com ; pmagazine@hindustantimes.com ; aditya.ghosh@hindustantimes.com ; Fatherjonathan@foxnews.com ;
Drmanny@foxnews.com ;
Lisonlaw2@foxnews.com ;
YourComments@foxnews.com ;
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Myword@foxnews.com ;
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Jamie@foxnews.com ;
Fncspecials@foxnews.com ;
FNS@foxnews.com ;
Newswatch@foxnews.com ;
Foxreport@foxnews.com ;
Atlarge@foxnews.com ;
Heartland@foxnews.com ;
JER@foxnews.com ;
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This is great!!!

All my Indian friends who were fighting with me over the (1 or 2) unused EB-2 visas from ROW, well, you can have them my friends. I ain't getting any of them anyway.

My son recently finished his high school and wanted to do Dental degree in India. My current situation is I have applied for adjustment of status in July 2007. Me and my family got the EAD and AP. My priority date is Eb3-November 2005. WIth this mess, I am not sure when I will get my green card.
My question is:
Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.
Thanks in Advance and your answer will be helpful for our quick decision for this year courses.

As long as we are not citizens of USA showing interest in Indian politics is ok. I would say even after becoming citizens it is ok since we are connecting to our country of birth/origin. If someone wants to discuss Burma or China, they can also do that.

We are immigrants and still are nostalgic to our India. Nothing wrong in it.

Now tell me, at home do you only discuss immigration with your wife and kids just because you do not have a greencard and are obsessed with it? or do you only discuss work in your office just because you are at work and office is for work? Don't you joke around, have a fun time etc at work too? or do you just send a rude email in big red letters to your CEO saying please delete my name from your payroll because someone in my office is discussing something other than work and I am offended.

Circus123 & Bestia thanks 4 the quik answers to my first post on this site; By now I just read & learned a lot from this site about GC process.Now it's time to take action because we have a PD current.
I just wanna be sure about the dates 'cause I cannot rely on my layer 100% because last year he insisted on completing our files 4 GC but he "forgot" 2 mention that our PD is nou current yet!!!
We'll send the cheques tomorrow!
I can hardly wait to get my EAD so I can apply 4 a decent job!!!!!!
Any idea if it takes longer than 90 days?
thanx all of U 4 your answers.

An additional thing I want to point out is that the US cannot make itself diverse by restricting immigration to a diverse population mix. It is a well known fact that Hispanic american women bear many more children than Caucasian american women. How does america fix that, and if it does not then why talk about diversity in immigration?

The solution for this is to talk to USCIS thro IV or AILA or both. If that will not work then lawsuit will be the option if USCIS violated any law. If that also fails then legistrative option to realx the rules. If first option does not work then others are long shot. If nothing works then do not join bodyshoppers.

At Chicago POE, immi officer took my passport and 797 [entire bunch of papers] called up my HR Manager and after speaking to my HR manager gave me I-94 until 1st April 2012 [date on my 797].

Note: Please have off hrs contact/Cell number of your HR manager and your manager

Regards,
Deepak

Ever since the dates got current, it has been more stressful than the time when dates were retrogressed and almost makes me miss the retrogression days when I didnt have to depend on the lawyers for my career.

I agree. Its just one headache after another.

But why July 2nd?
If they really want to, they can 'U' the entire July.

There is a saying in Urdu. Translated it says that its the prerogative of the lion to lay eggs, or bear cubs, since he is the King of the Jungle.

USCIS is the king of the jungle here.

But if they do this, this will be cruelest joke on thousands of people.

I think we should send a copies of these mails to the various Housing Agents and other Housing related agencies.

I thibk they also can use their lobbies to work for this proposal as this would be helpful to their business too.

good Idea

http://www.businessweek.com/smallbiz/content/sep2006/sb20060913_157784.htm?chan=search[/url]

An Indian has glorified Indians. How do you use this glorification to explain the behavior of 80+% IV Indian members and 60+% Indians in EB retrogression who have no interest in joining IV?

The best looking answer looks like there is no correlation between the two. Indians remain glorified.