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STAmisha

08-03 10:19 AM

Spoke with a lawyer. He told me that PD need not be current to interfile though it is commonly held belief

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vdokka

09-12 09:59 AM

Hi Raj,

Thanks for your reply !
I appreciate your help.

Regards,
Krishna.

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validIV

03-25 01:49 PM

How come you are being paid if you are unemployed?

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gaz

11-18 01:54 PM

Thank you for the quick response.

She has not yet filed 485 (PD is of 2007 i think). So once she ports her 140 she will have to file new labor and 140 (and since that can take more than 6 months) the worry was that she may not be able to work if H1 extension was not possible. so looks like she can apply her H1 extension at the time of transfer and then go on from there. Big worry off her head!

Thanks again.




1) transfer her h1 (she is worried because many companies do not transfer if < 1 year is on h1), and simultaneously file for an H1 extension based on approved 140 from her current job?
A. While file for her H1 transfer she can ask for 3 years extension based on approved 140

2) file a new labor and port her PD from the approved 140?
A. If she has not filed her 485 then she has to start the GC and can port her PD to the new 140

3) if no to 1 or 2 - is it the end of the road? Can she transfer to H4 (on her husbands H1) and continue to stay here?
A. 1 and 2 are possible. If she wants she can transfer to H4 as well.

Hope this helps.

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bluez25

08-23 01:59 PM

Thanks and appreciate closing the other duplicate thread paskal. I wasnt sure about which categorty should I put this torture story.

Keep up the good work..

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cpolisetti

04-26 12:12 PM

Glad to be of help. But I think the huge credit goes to one and all of the core team who picked up the smallest hint and followed up to such an extent. Now that we are on WP, we should also try for articles in Wallstreet Journal and NY Times among many others. Please do let us know if I can be of any help.

All,

I want to make sure we acknowledge every contribution our members make, monetary and in terms of ideas.

As I said in the main thread (http://immigrationvoice.org/forum/showpost.php?p=9780&postcount=33) it was posts on the forum by virtual55, jkays94 and cpolisetti that set the WaPo ball rolling.

Thank you to them and every member who does his or her part in big and small ways.

best,
Berkeleybee

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yabadaba

05-25 08:21 AM

SA 4114. Mr. GREGG (for himself, Ms. CANTWELL, Mr. ALEXANDER, and Mr. BOND) submitted an amendment intended to be proposed by him to the bill S. 2611, to provide comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:


On page 345, between lines 5 and 6, insert the following:

(e) Worldwide Level of Immigrants With Advanced Degrees.--Section 201 (8 U.S.C. 1151) is amended--

(1) in subsection (a)(3), by inserting ``and immigrants with advanced degrees'' after ``diversity immigrants''; and

(2) by amending subsection (e) to read as follows:

``(e) Worldwide Level of Diversity Immigrants and Immigrants With Advanced Degrees.--

``(1) DIVERSITY IMMIGRANTS.--The worldwide level of diversity immigrants described in section 203(c)(1) is equal to 18,333 for each fiscal year.

``(2) IMMIGRANTS WITH ADVANCED DEGREES.--The worldwide level of immigrants with advanced degrees described in section 203(c)(2) is equal to 36,667 for each fiscal year.''.

(f) Immigrants With Advanced Degrees.--Section 203 (8 U.S.C. 1153(c)) is amended--

(1) in subsection (c)--

(A) in paragraph (1), by striking ``paragraph (2), aliens subject to the worldwide level specified in section 201(e)'' and inserting ``paragraphs (2) and (3), aliens subject to the worldwide level specified in section 201(e)(1)'';

(B) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively;

(C) by inserting after paragraph (1) the following:

``(2) ALIENS WHO HOLD AN ADVANCED DEGREE IN SCIENCE, MATHEMATICS, TECHNOLOGY, OR ENGINEERING.--

``(A) IN GENERAL.--Qualified immigrants who hold a master's or doctorate degree in the life sciences, the physical sciences, mathematics, technology, or engineering from an accredited university in the United States, or an equivalent foreign degree, shall be allotted visas each fiscal year in a number not to exceed the worldwide level specified in section 201(e)(2).

``(B) ECONOMIC CONSIDERATIONS.--Beginning on the date which is 1 year after the date of the enactment of this paragraph, the Secretary of State, in consultation with the Secretary of Commerce and the Secretary of Labor, and after notice and public hearing, shall determine which of the degrees described in subparagraph (A) will provide immigrants with the knowledge and skills that are most needed to meet anticipated workforce needs and protect the economic security of the United States.'';

(D) in paragraph (3), as redesignated, by striking ``this subsection'' each place it appears and inserting ``paragraph (1)''; and

(E) by amending paragraph (4), as redesignated, to read as follows:

``(4) MAINTENANCE OF INFORMATION.--

``(A) DIVERSITY IMMIGRANTS.--The Secretary of State shall maintain information on the age, occupation, education level, and other relevant characteristics of immigrants issued visas under paragraph (1).

``(B) IMMIGRANTS WITH ADVANCED DEGREES.--The Secretary of State shall maintain information on the age, degree (including field of study), occupation, work experience, and other relevant characteristics of immigrants issued visas under paragraph (2).''; and

(2) in subsection (e)--

(A) in paragraph (2), by striking ``(c)'' and inserting ``(c)(1)'';

(B) by redesignating paragraph (3) as paragraph (4); and

(C) by inserting after paragraph (2) the following:

``(3) Immigrant visas made available under subsection (c)(2) shall be issued as follows:

``(A) If the Secretary of State has not made a determination under subsection (c)(2)(B), immigrant visas shall be issued in a strictly random order established by the Secretary for the fiscal year involved.

``(B) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have a degree selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is greater than the worldwide level specified in section 201(e)(2), the Secretary shall issue immigrant visas only to such immigrants and in a strictly random order established by the Secretary for the fiscal year involved.

``(C) If the Secretary of State has made a determination under subsection (c)(2)(B) and the number of eligible qualified immigrants who have degrees selected under such subsection and apply for an immigrant visa described in subsection (c)(2) is not greater than the worldwide level specified in section 201(e)(2), the Secretary shall--

``(i) issue immigrant visas to eligible qualified immigrants with degrees selected in subsection (c)(2)(B); and

``(ii) issue any immigrant visas remaining thereafter to other eligible qualified immigrants with degrees described in subsection

[Page: S4975](c)(2)(A) in a strictly random order established by the Secretary for the fiscal year involved.''.
(g) Effective Date.--The amendments made by subsections (e) and (f) shall take effect on October 1, 2006.

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windsordesi

04-23 12:05 AM

I am a passive reader of this forum for a long time and greatly respect knowledge and helpful attitude here,

I received the RFE on 485 for both myself and my wife. Currently we have only received the the email and notice will be sent to my lawyer

Details:
Company:A for Programmer/Analyst: and 140 is approved.


I was jobless for 3 weeks from Mid March and since then I have joined a decent consulting firm on EAD.

Now I have PERMANANT offer as s/w Dev with a big company in that I was planning to start from 5/4/2009, they are aware of the fact that they may have to give letter in support of my pending GC.

I am confused as to what should be my next steps:
Can I still join them?
What is the less risky option?
Keep working with current company? (I haven't informed them of pending offer)
I very much appreciate any help you can provide.

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ramankgb

06-03 11:15 AM

E filed both myself and spouse application 157 days before expiry of EAD. Received Receipt numbers immediately, since i e-filed. i did send in the documentary evidence supporting the case also.
Also received FP request, which i had to re-schedule twice(once for visit abroad, second on missing app. due to late arrival of notice). Finally got FP completed on third try.
However, i received email stating that an RFE has been send for both our applications. Still awaiting for the paper document.

Does this mean the application was accepted? Or Should i e-file once again instead of waiting on the outcome of this application as i am already a month late to expiration of EAD?
*********
RFE asked me to clarify my intend for applying for EAD (replacement or renewal). I replied that i had asked for renewal and that i was not aware of any limit on the date.
===================Update=====================
EAD Card recieved with 1 year extension from date of expiry of previous EAD.

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gcformeornot

05-04 11:03 AM

http://aila.org/content/default.aspx?docid=31886

I hope this works out and they implement for every service center....

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va_dude

05-07 12:52 PM

it doesn't boil down to who you trust more. Both opinions have its merits.

But you should base your decision on whether or not you have truly ported to a job with similar duties and if you have the paperwork to prove it. If you have all this, then evn if you do get RFE its not a bad thing, since you can prove that you did no wrong.

Just my 2 cents.

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rayoflight

09-21 08:35 AM

AFAIK I do not think you cannot work once your EAD expires. You have to resign and start once your new EAD is issued. Ideally you need to apply for your EAD 120 days prior and CIS takes approximately around 90 days to send the renewal card.

Cheers,
Rayoflight

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jayleno

04-25 07:11 PM

Hi,

I think you should be fine. Like everyone tells...in such case an attorney is the best person to contact. Take a second opinion also. If you need something before that to calm you down...here is what I think. You are only counted towards the cap once in 6 years. So you can get another h-1 with a new company based on this approval and you are not subject to cap this time. You need to be employed once your h-1 starts. So you have time till then.

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immm

07-08 03:44 PM

http://www.cnbc.com/id/19638235/site/14081545/page/2/

Interview Transcript: Condoleezza Rice
Topics:Iran | Iraq War | Iraq | China | Politics & GovernmentBy CNBC.com | 06 Jul 2007 | 05:47 PM ET Font size:

Dr. RICE: I think there's a reason for that, Maria, and of course, it has to do with the great military power of the United States, the great economic power of the United States, an economy that is the envy of every economy in the world. But it also has to do with the American example. People look to America and they see a place that is multiethnic in character, where you can be a German-American from a couple of--a century ago, or you can be Mexican-American, you can be African-American and you're still American. And that multiethnic character of America is very attractive to people. They also see a place where you get ahead, not because of where you came from, because--but because of where you want to go. And an educational system that is open and where people achieve on merit. There is much that attracts the world to America. Even if they don't like American policies, this is the place that people want to send their kids to school, this is the place that people still want to come and find their futures. America's still a very, very powerful symbol and a very important place of leadership for the world.

BARTIROMO: And yet some people say protectionism continues to seep in. The Dubai Ports deal could not go through, Unocal was unable to get acquired by CNOOC, there is difficulty in obtaining visa. How can we change that perception?

Dr. RICE: Well, it is absolutely the case that we have to defend what has made us great, and that is to be a place that is open to people from around the world. We've worked very hard here at the State Department, for instance, to improve the ability for students to get visas to the United States.

There's no doubt that after September 11th, there was a downturn in the number of foreign students coming to the United States. It was harder to get here if you were a business traveler. We still have work to do but I think we're making improvements, working with the tourism industry, working with business, to try to make sure that people who are trying to come to the United States can come to the United States. We need to fight protectionism with everything that we have because when there's a level playing field and when you have open markets and when free trade is flourishing, American workers, American farmers, Americans are going to benefit. When the international economy is growing as a whole, I will put my bets on American industry, American workers, American farmers, to get more than their fair share of that open market. But if we become protectionist and we become closed, then we are going to really undermine our own economic strength.

It's true that we have to do more to help prepare Americans for the jobs that are available. I've been, myself, very concerned about education, both at the primary and secondary levels, and keeping our universities open to the widest variety of people. I'm concerned about math-science education in the United States. Too few engineers being trained here. I come, Maria, you know, now from the Silicon Valley, a place that one in every 10 patents in the country has come out of--in the world has come out of. We have to make sure that we are keeping and strengthening our great advantages. But if we close ourselves off, we're all going to suffer.

BARTIROMO: And Europe is becoming more formidable. You've got China and India strengthening, we've got new leadership throughout Europe. Tell me how the new political face of Europe will impact American business.

Dr. RICE: Well, the political face of Europe is one that has said very clearly that it wants cooperation and friendship with the United States. I was just in France and met with President Sarkozy. He made very clear that he believes in Franco-American cooperation. We have excellent relations with Chancellor Merkel in Germany, and of course, we ill have great relations with Great Britain. Those countries that are the strongest countries in Europe, together with our friends in--that have just come to Europe, Poland, the Czech Republic, the countries of East Central Europe, I think, make for a very favorable environment politically for the United States, because there we have very good partners who share our values, who are helping us to carry some of the burdens of international concerns, international problems. And I feel very good about our future with Europe.

BARTIROMO: Let me ask you a question on immigration. Lawyers are planning a class action suit right now over the State Department's offer of visas to highly skilled immigrants last month, even though the Department of Citizenship said there were no more visas available. What happened?

Dr. RICE: Well, this was a case in which for--at a certain point in time, we'd not filled the entire quota for these special immigrant visas. And made an announcement of that. But when they were filled, we had to cut it off at that point. There's a ceiling that's set every year and when that ceiling was reached, then we couldn't issue the visas any longer. But we're prepared to talk to people about what happened here. If there were problems in communication then those should be looked at. But it's pretty simple. We operate under a particular ceiling, and when that ceiling is filled, then we have to--we have to live within it.
BARTIROMO: And unfortunately, aren't these the exact type of people, very highly skilled, some physicians, that America wants to attract?

Dr. RICE: Well, it goes back to the point that I--that I made. A lot of people want to come to the United States. People will skills want to come to the United States. I'm a very big believer in having those people come to the United States, because the truth of the matter is, we don't, ourselves, produce enough of that skilled labor. We need to work on the educational front to make sure that we are producing us the numbers of engineers and the numbers of software people and the numbers of physicians that we need.

Dr. RICE: But we need immigration as well. The ceilings have been set.
They are not ceilings that we set, they're set in the--they're set by statute, and I know that there are many who would like to see them raised, but that's a--that's a matter for the administration and Congress.

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etiennelin

04-02 03:49 PM

Hello,

My husband and I submitted I-485 last year (I am not currently working). He already got the green card and mine is still pending. I've got my Advanced Parole in hand. We plan to visit Canada in May . I'd like to ask someone in similar situation regarding applying a temporary resident Canada visa.

On the column 8 of the 5257 Form "Applicant for a temporary resident visa made outside of Canada", "Immigration status of applicant in country where applying", which optioin should I pick? (Permanent Resident?) What date should I put in the box "valid until"?

When mailing the visa application, which supporting document should I send? Only the AP and I-485 receipt?

Anyone with similar experience could give some advice?? Thanks very much!!!

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gangster

07-17 12:14 AM

http://www.businessweek.com/bwdaily/dnflash/content/jul2007/db20070716_514499.htm?chan=top+news_top+news+index _businessweek+exclusives

Latest article says Protests pay off.

Way to go IV!!!!

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puddonhead

07-23 02:56 PM

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.

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factoryman

06-22 12:33 PM

be aware. All these PDF editing tools leave a watermark - "Draft" or "Trial Version".

They are totally useless.

Earlier trial Adobe 7.0 Professional did give edit and save. Not 8.0

Bottonline: don't waste time or by 8.0 for USD 1800 or so. Or use one who has PDF editors (Admins etc)

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syedajmal

09-22 03:00 PM

could you please share when you applied for AP so that we can know how long it took for approval after RFE...

Applied for EAD/AP online on 06/04/2008.
Got 2 years EAD approved on 08/05/2008.
Got an RFE for AP (missing photos) on 08/07/08.
replied for RFE on 08/13/08.
AP approved on 09/13 and got it on 09/20

Hope this timeline helps

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sukhyani

03-05 02:05 PM

About what to do next, I would say start planning the "got my GC" party. Write down your guest list, the brands of wine and start talking to caterers. By the time you are done with this, you should have your approval.

LOL! I hope I am approved soon :)

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ski_dude12

07-13 05:36 PM

Are you sure about that? Can you give your source that says

"You have to inform them of every small move even after citizenship is approved".

If you can support your post by citing a valid source then its fine, otherwise stop shooting off your hips please.

yes, u need to inform them of every small move u make, all ur life. this holds true even after ur us citizenship is approved.

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