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Right, the problem is: I do travel a lot and that makes a part time job difficult to find....

Other thing, the 6 months, is counted from the receipt date or the approval date?

Just as under the Indian constitution under the Income tax act all citizens whether residing inside the country or not are treated equally. the Govt will be acting against the law and infringing upon basic rights if they create different tax structures based upon place of residence for citizens. For eg:- interest on bank deposits is income generated within the country and for that there is a compulsory TDS in case of NRIs. This is a provision to prevent people from repatriating income without paying due taxes as it becomes the responsibility of the bank to collect the tax. Now as any citizen an NRI has the right to any exemptions / deductions and can claim back excess tax that was deducted when he/she files the income tax.
I wouldn't be worried about this article unless your personal chartered accountant in India tells you something. You cannot be taxed differently from any other citizen. Let me ask you one thing; Dont you as a citizen have the right to vote irrespective of where you stay? similarly your rights dont change if you stay abroad or work abroad. Infact the govt of many states rely heavily on foreign repatriation particularly from the gulf countries.
There is going to be a HUGE HUGE aproar if something silly like this were to happen. Its like saying, "NRIs have to pay more at the Indian gas stations because the tax is higher for them"
Dont worry be happy it is a false article written by somebody who apparently has not understood really what he/she read.

Oh I did not know that one person can send webfax for each state.

When I click that link it said "You have already sent it"

I'll check again now

Call it a low hanging fruit or Optimistic people's power of attraction...

Someone I know eb3I PD 2k3 got GC 6 Mos back, I know them personaly - first hand info.

Problem is they do not report it on froum or tracker, and leave the forum for ever... because they know there will be a lot of people asking questions or making them miserable by trying to prove them wrong... go figure...

Be + ive...

True Story!!!:cool:

Congrats! Enjoy the freedom.

i'm not going anywhere and would like to contribute in what ever way possible to address our cause.

You applied at the right service center TSC. I also live in NC and applied on July 25th at TSC and got the Receipt notices.

Did you check the processing dates for TSC for I765? I think currently they are processing applications applied before April 16, 2008.

So dont worry.. But you may call TSC Service center for any status

Is there any quota on filing the I 140s? My friend requested his employer for upgrading his 140 and he says that the attorney mentioned that the quota for I 140 is already full. I don't think it is right. Any inromation please.

Thanks for the replies,
Does that mean that I cannot work now? My lawyer told me that I could work legally as long as we contest and the application is in process for MTR.

Just got back from Canada. It was really straightforward.

Showed passport and GC at Canadian checkpost... No questions asked about canadian immigration.
On the way back showed green cards, again no questions....

Wow... after almost 10 years on H1, it is unbelievable how uneventful travel on GC can be :D

so this is only for ppl with BOTH white card and green card.

what bout rest of us like who never been to canada or applied for canadian white card. if i get GC in future and visit canada, will I face any issues? just wondering?

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I noticed a flaw in GC process with respect to “Ability to pay” and “AC21”

Here are the definitions

Ability to pay - Suppose a company files for I-140, it has to prove its ability to pay the proffered wage to the beneficiary.

AC21 states that an employee can change jobs to a similar position if I-485 is pending for more than 180 days. This could happen when I-485 is pending for more than 180 days or after its approval.

Let’s consider the following scenario

1) Company A files for I-140 and I-485 concurrently and proves its ability to pay the proffered wage to the beneficiary at I-140 stage.

2) I-140 gets approved and I-485 is pending for more than 180 days.

3) The employee quits employer A and remains idle (or) becomes self employed (or) joins employer B in a different position.

4) During the I-485 adjudication he provides an offer letter from employer C with similar roles, responsibilities and wage as the proposed GC position with Company A and says that he intends to work with employer C after I-485 approval.

5) I-485 gets approved.

Here is the flaw. USCIS doesn’t check if employer C has the ability to pay the proffered wage to the beneficiary. All it asks for is an offer letter with wage, duties and annual salary.

What if company C is running in loss and not in a position to pay the proffered wage.

Why should USCIS make a big deal out of ability to pay when it’s not checked across all employers where the beneficiary intends to work?

I would suggest you talk to a good immigration attorney or post your query in "Ask the Lawyer Section".
Just some clarification....so you still have a valid H1B until 2012, I would suggest that you should apply for EAD/AP asap and start using the same rather than just depend on H1B...if that is possible.....

PS:I am not an attorney so this suggestion should not be considered legal advice...every case is different.......talk to an immigration attorney

Does your husband currently have a valid H1b visa "STAMPED" in his passport??

yes, employer just needs to show that new job is similar to your old job. Its just simply a letter which an employer can(may choose not to as its not mandatory by law but advised to do so) send to USCIS.
For EB2 classification you dont need to do anything, your emplyer need to show that job needs Masters or equivalent and it meets prevailing market salary requirements. So you can just ask them if this position meets EB2 requirements and if they will be wiling to do EB2 filing for you in addition to AC21 (or H1 transer)


Thank you my_gc_wait.

Regarding response #1 and your comment about AC21 portability, there isn't anything the employer has to do, correct? I believe, if the new job requirements is same or similar, there should be no problem with AC21.

Also, what can I request from the employer other than the job advertisement itself as evidence to make sure the position suits EB2 requirements.

Thanks for the information. VB dates were stuck around April 2001 date because a large number of applications were filed to meet the deadline for
245i.

The dates were �current� until 2005 because of the availability of unused visa numbers that were recaptured by AC-21 bill - passed in 2000-2001. So countries with larger applicant pool got (a lot) more than the otherwise allowed ~3000 green cards in each category. Since 2005, there are no recaptured visa numbers are available, so applicants in a category from any specific country cannot get more than ~ 3000 green cards. Pls. see the distribution of green card numbers in 2006 in his document:
http://travel.state.gov/pdf/FY06AnnualReportTableV-Part2.pdf

Most people on the forum are busy tracking their 485 receipt, of encashment of bank checks, IO comments etc. Most people will learn that all this is tracking is of no use other than helping everybody to have higher BP. If more green card numbers are not allocated, the wait time for applicants with priority date 2006 could possibly be more than a decade. The past trends were driven by positive events like visa recapture etc. So these trends are not reflective of what to expect in the future. But looking at 2006 numbers, one thing is for sure, the wait times could be a many more that what we would expect.

There is only thing that can prevent wait times of more than 10-15 years - change in the law to increase the number of EB GCs.

People will be filing their I-485, not their EAD. EAD is something one gets after the 1-485 application has been pending for 6 months :)

You are wrong in what you are stating. It is filed together with your 485 appln

Hi Friends,

We had sent our apps to Nebraska on July 26 but we received a transfer notice for 485 from vermont with a receipt date of Sept 26 and notice date of Oct 3.

I always thought the receipt date of my application is the day when our application reached the center.

Can someone help explaining this....

Thanks,

A tip - use a mask on the upper layer instead of an eraser; it's easier to change later on and fine-tune if you'd like. Of course, you could also use a Channel Mixer adjustment layer with mask to make fine adjustments to the B&W conversion. :)

I applied on Aug 18 and got approval email on Sep 2....awaiting AP in mail

I applied for my AP on Aug 24th. I haven't seen any update on the case. May I know when you guys applied for it?

nice job

Well, the first statement is true; the second, however is not. When one starts to work on EAD, his/her status changes to AOS, assuming his/her I-485 is pending. So, in this case, she will no longer be considered being on H4.

You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.

But on H4 you can still work on EAD, while maintaining your H4 status.

I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.