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The Backlog centers should be ashamed of themselves. They make the state DMVs look like an efficient government departments.

18 more months!!! And they congratulate themselves?

You know, there is a saying "If you have infinite monkeys with infinite typewriters for an infinite amount of time, eventually they would come up with the exact creation of Shakespeare".

http://www.foreignlaborcert.doleta.gov/

I hope they are sincere in meeting the 18 month timeline. That would have to mean the certifications are bound to come one after another starting in 2-3 months max.

Your EAD / AP renewal is on the basis of your pending I485 application, it has nothing to do with the validity of your I485 or AC21 application. AC21 is a privelege you can use to get away from retrogression for a bit, but does not gaurentee you a Green Card.

Hope this helps.

How about this scenario..
I invoked AC21 and changed job using my EAD. Now my new employer applied for my EAD and AP renewal. I got the approval for the renewal today....does that mean USCIS is ok with my application (AC21) or they will verify it at the time of 485 adjudication?

Does anyone knows how is the visa stamping procedure in CANADA? Is it risky?

Can a legal expert provide advice as to whether I can use EAD/AP to get in?

This refers to only duplicate filling through same employer, there are no rules for applying multiple fillings through multiple employers:

"Mr. Aytes expressed concern that people might file duplicate petitions in order to increase their chances under the randomized selection, and USCIS plans to issue a regulation to prevent such duplicative filings. If an employer filed another petition with a minor change in the salary or the worksite, it would be considered a duplicative petition. Mr. Aytes warned that both petitions would get rejected"

From www.immigration-law.com
---------------------------------

01/28/2008: Risk of Multiple Filing of FY 2009 H-1B Cap Cases
� Question: We run an IT consulting business for the employers and are scheduled to file a number of FY 2009 H-1B cap cases in coming April 2008. I understand that in FY 2008 H-1B cap filing, employers filed multiple H-1B petitions for the same foreign worker for the same position and some were successful in obtaining H-1B in the lottery. What are the chances that the same opportunity may be available in FY 2009 H-1B cap filing?
� Discussion: The USCIS is predicting that the FY 2009 H-1B cap numbers are likely to run on the first day, April 1, 2008, Tuesday. It is also obvious that the agency may have to go through a random selection lottery process again this year. The USCIS recognizes the problem of multiple petition filing for the same employees by the same employers and has released an information that this year the agency intends to sort out such multiple filings and reject or deny all of them. It must be a challenging task for the Service Centers to undertake such work, but it is obvious that unlike the previous year, the risk of filing multiple petitions by the same employer for the same employee for the same positions will be substantially high since the USCIS has been developing so-called "account system" of immigration benefits processing and adjudication. No one knows how far the agency has gone to develop the account system. One of the accounts the agency was expected to develop was to develop the employer account databases.
� However, there is a legal issue as to whether the USCIS can either reject or deny the multiple H-1B petitions for a given alien by the multiple different employers for different positions. Such multiple filings will not give any benefit to a given employer, but from the perspectives of the alien employees, the chance of random selection may increase substantially. It is uncertain whether the agency will expand their policy against the multiple filings by the multiple employers, but in the event they adopt such policy, the agency may face legal challenge in courts by the U.S. employers. From each employer's perspectives, it may be construed an illegal deprivation of their rights to petition for a required foreign worker, particularly when each employer had no knowledge of other employers' filing of the H-1B petitions for the same employee. Interesting question to watch ahead.


This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.

http://immigrationvoice.org/forum/showthread.php?t=16188

F1 requires non-immigrant intent. Change of status to F1 may be difficult once you have filed for I140/485

Is there a good way to post swfs? We can zip them, but its nice to be able to see the entries quickly. Is there any place to post them externally so the security of the forum isn't compromised? I might be able to set up an uploader in the next week for the contest on my server if it would help.
Imageshack hosts them last I checked.

knowDOL, thanks for the info, will keep it in mind.

The good thing though, if your PD becomes current and you file AOS for them, they will follow your PD and will be approved along with your case. Meaning, your wife will always be in queu with you and overtake those with later PD.

The bad thing, if you don't maintain your H1, they will be out of status unless you got them their own H1 or apply for F1.

Worse is if they have to go back to your home country and wait from there.

Pardon my ignorance...But I thought you need to sign the labor form before you submit. If you have signed it, how does it fly trying to sue the lawyer? Aren't you responsible for double checking before it is filed?

Or due to new PERM stuff, you don't get to see the labor form and don't get to sign any paperwork?

You really need to ask that question of a tax or employment law expert. It's not an immigration issue so it's not my area of expertise.

My I 140 was approved in Aug 2007
I have a 485 pending
Do i need to be in working for all the years till i get a green card
I will be able to provide a job offer letter in the same position in which my green card was sponsered with same or higher salary
Will it be enough to get my 485 approved ?

Your Advice will be appreciated

The way education system is set here they always want to see 12+4+2 pattern. Now when you say 12+3+3 which adds to same it is true but you will have to get some proffessional degree evaluation service to break down your BS and MS degree by course and credit hours and prove that it is equivalent to US degree's. Also I am not sure what university / institute did you get your degrees from. In case they are well reputed then it will make the task a little easy.


Thanks for the response.

I have 3 year BS degree in computer science
&
3 Year MS degree in computer science. S0 total 6 years in the same field(computer).

Thanks.

I am not sure it can be argued as discrimination. All countries equally have the 7% cap. UK, Norway, Germany, Sweden, China, India, South Africa.....Just so happens that lot more applicants from India, China, Mexico, philipines.

People from those countries listed by you (except China & India) can get GC much faster than people from India and China even though both of them have same / similar / identical skill-set, just because of this per country limit. is it not discrimination?

It's a good idea to have dedicated for this topic (as this is becoming common issue for all who couldn't add their spouses earlier...)

I have started the following thread

http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/2172703-pd-current-jun-11-adding-dependent-how-long-will-it-take-for-her-to-get-green-card-2.html#post2594710

Either we can follow the current one or the one I started (link above) or we can start a new thread altogether

I am fine with any of the above.

Hello,

I am also in the same situation. I filed 485 in July 2007 and got married later. I will be filing my wife's 485 in June. I was wondering how long will it take for her to get her 485 approved.

Is it a good idea to start a thread to track spouse I-485 filing post July '07 approvals?

Thanks!

Pardon my ignorance!

My understanding was American companies are setting up shops in India for cheap labor and still provide services for mostly American consumers and not Indians. And for Oracle they can bring any number of Indians here on H1/L1/B1 visas. So what make them pay $120K in India (I assume he is still a software engineer, else he would have been getting more than $120K here!)

My brother chose to leave USA on his own, after working for 6 years, without applying GC. He was getting 120K here in USA. In India, he joined Oracle Corp and his salary is almost same (about Rs.55Lacs). Indian salaries are becoming excellent these days.

If the applicant has US degree its good to goto canand for stamping as it will be easy for them to varify degree documents.

Even i was scared...2 years back when i went to calgary for stamping. But having a US degree did help me. Later many of my frinds who din't had US degree had problems from cananda.

If u r going to canada its better to go with a approved h1B(I797) rather than directly asking them for extension.

Yes if it gets rejected...u need to take an appointment in india and return to US.

I had a similar issue when I applied for AP from TSC.
Online status said approved, but never received it for a couple of months.

You probably will have to wait for 30 days if you haven't received it. If the address is incorrect and AP returns undeliverable you can request them to resend it.

Please follow the following threads:
http://immigrationvoice.org/forum/forum70-self-filing-documents-forms-directions-mailing/23097-ap-approval-notice-sent-ap-not-received.html

http://immigrationvoice.org/forum/forum76-travel-out-of-country-and-re-entry-during-after-485-filing/24267-ap-lost-in-mail.html

On the second thought --- Do you think PR or Citizen Desi's are for us? Any thoughts?

Yes they are. I recently got GC and I am with you. I know many freinds who got GCs long time back but they didnt know whats going on currently. Once I tell them they do support us. So making them aware is the key.

Great job IV..I am proud to be a part of IV.

Contributed $100...

Order Details - Jul 17, 2007 16:16 GMT-07:00
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^That's a good idea glosrfc, AS3 only should be added to the guidelines.

jk/ing... actually not, but it would sound mean if I wasn't

I support this..I call every second day .....