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  • shreekhand
    07-04 10:47 PM
    Look at the May VB, it was current, obviously;)


    "__________________
    EB3 Worldwide
    PD 07/11/03
    I-140 RD 02/27/06 AD 03/22/06
    I-485 RD 05/07/07 filed at TSC
    FP 06/02/07 (Code 3) - sent to USCIS same day
    LUD 06/05/07
    "

    For RD to be 05/07/07, you must be eligible to file in the month of May and hence PD should be current as per April VB.

    EB3 ROW was still Aug 2002 in April visa bulletin. How could you file for I-485?




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  • priya82
    02-18 08:57 PM
    Thanks for your advice snathan...




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  • gcnotfiledyet
    02-26 11:29 AM
    http://hammondlawgroup.blogspot.com/

    From this group it does not look like there is any rule followed by states as they follow CGFNS guidelines. It is just that USCIS has started using OOH for PTs. It looks like AILA will be filing something with USCIS.

    My first question: you have been here for 5yrs on h1b then why did you not file green card under schedule A when it was current until Dec 2006? I am really surprised. You would have been on green card long time back. Actually I am even surprised that you did not go for masters even afer being here for 5years.

    If there is any other way you can continue your presence in US then go for it. You just have to be patient for USCIS to start accepting what state boards accept while issuing licenses. If state boards do not mind foreign bachelors to practise PT then I don't understand why USCIS would care. I think its just another shot from USCIS to shoot immigrants out of this country.

    Getting into masters of PT can't be that quick. Schools just don't accept students everyday. They have deadlines for every semester and there is so much paperwork including exams, evaluations, proof of funding etc etc. So do talk to lawyer for your options to stay here, talk to school on how to enroll in masters, if your spouse is on h1 then get onto h4 by filing cos. These are just my guesses. Again talk to lawyer for your options ASAP.




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  • venram
    12-26 12:17 PM
    Hello all,
    not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
    1) non-permanent resident aliens
    OR
    2) non-resident aliens?

    thanks

    I suppose you are living in USA.

    On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.

    On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.

    To answer your question, you are a non-permanent resident alien.



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  • vkrishn
    08-28 10:02 PM
    Not only mine. There are many in the same scenario. Its the feeling of being close to the finishline but stll can't cross it. Sudden Influx of anything let it be USCIS is not good.




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  • mayhemt
    07-03 11:04 AM
    You guys still dont get it..do you??
    Why would they ban non-immigrants from investing when there is ZERO loss for the country?
    Its upto each individual to evaluate their priorities and go ahead and move their investments. I have already done it as I am just an alien waiting for permanent residency and I do not want my money stuck in any of the investment vehicles in a foreign land making it difficult for me to take it along with me when the day comes to leave the country.

    Well for the why part...Its absurd, I understand. But then why is there country limit? Why is H4 not same as L2? There are absurdities and depends on the perspective you look from.

    Why would they ban?? If they have compelling point like "To protect Americans assets against speculation and to preserve capital within the country".

    I also see that it is individual's prerogative, however the point here is to show some numbers we (L1, H1, EADs) are responsible for & hopefully, grease the wheels towards smoother status adjustments.



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  • shanti
    02-25 10:01 AM
    Thank you Akred

    So to put this clear... I have experience abroad matching the labor job profile of 4 years. Then I have experience in U.S. with employer A (no labor related only an H-1B) for 3 years. Then I worked one year with employer B and after that -in Feb 2005- Employer B applied for Labor. So my relevant experience that I could use to say the job is same or similar is my 4 ys abroad with similar job description plus the 3 years in US with company A so total 7 years.

    When I joined company B (the labor sponsoring company) I already had 7 ys experience in other employer than B, so for same or similar I could use up to 7 ys experience requirement as long as the job description and title are almost the same (which they are)?.

    I know this is an interesting question which many people probably have. I posted the question for the Conference call so that people which will be or are in the same situation could know for sure how to handle this isssue.




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  • NewDocinUS
    02-05 02:56 PM
    I know the residency application process. I needed help in finding out any hospitals or institutions offering the observership programs.

    Thanks



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  • insbaby
    08-12 09:12 AM
    1. Check with your lawyer on this

    2. Do not send affidavit for Aug 20th. Then you end up with documents having two birthdates and affidavits for confirming both birthdates. Instead, just leave it and wait. You may or may not end up with an RFE.




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  • cat555
    07-09 12:20 PM
    I was in a consulting field with employer taking 30% and me getting 70%.

    He supposed to deduct $400 for medical insurance from my paycheck -biweekly, instead deduction was only $200. I never knew that.

    My question is why not he acted immediately after knowing the error?
    Why should I pay for somebody's mistake?
    Am I going to get any tax benefit now?
    Why not he deducted single penny in last 2 months before I left?
    I didn't sign any paper to pay him back over a period neither did he come up with any plan.

    All this proves that he agreed to waive off while I was working for him.



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  • rubaru
    12-10 09:45 AM
    My wife got approval email yesterday.Mine was approved in October 209.She received fingerprint notice .we gave her finger prints on November 23.I am glad her got approved soon.

    Rubaru




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  • mariner5555
    05-14 04:24 PM
    2009------we can see something happening.
    Until then Visa Bulleting is our best hope and source
    Let us pray.
    do you say the above because of presidential election or because of new quota which will be released in oct.
    if the first one is the answer - then nothing will happen even after the elections for atleast 2 years ..



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  • valuablehurdle
    12-01 12:01 PM
    Emergency AP can be obtained from the local office with scanned letter.
    It should not be a problem. Only the color paper they use is different than the one sent by the service center....

    First hand experience
    Good luck.




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  • SDdesi
    07-10 06:40 PM
    --H1-B Case History--

    (2) passport coming to expiration on March, 2009


    You should try to get your passport renewed before you go for stamping. You may get a visa stamp only until March 2009 which means you will have to go again through that process with your new passport (assuming your H1B approval is valid beyond March 2009)

    Always, discuss with an immigration lawyer first.



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  • walking_dude
    11-21 11:49 AM
    Well, the majority of cubans coming in are families of those US citizens. It's what the antis call disparagingly as "Chain Immigration".

    And, if you are missing it, those coming in as refugees are seen as "future vote bank" once they get citizenship. Similar to Bangladeshi immigrants in West Bengal.




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  • mrane1
    06-07 08:58 PM
    Hi Dhundhun,

    Sorry for my late response. After thinking long and hard, I have actually taken ARRA for my health insurance. I have decided not to go for Unemplyment. I read about a specific case somewhere online where an applicant got a RFE on his 485 after applying for unemployement. I am not sure if RFE was because of unemployement, but on that forum a lot of people suspected that applying for umpl could be one of the reasons.
    For me, I was really running out of options, without ARRA, health insurance would have costed me over $1500 so I went for it.

    Thanks

    A friend of mine was laid off few months back and he applied for unemployement benefits. USCIS called his company to check his employement situation before making a decision on his case (he was current at the time). The company said he was laid off and so his 485 was rejected. he has filed a MTR. I dont think the unemployement had anything to do with it. But its better not to apply for any government aid if possible. There are many people who have applied for unemployement. It would be interesting to find out if they had issues during the 485 approval



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  • walking_dude
    01-18 04:13 PM
    Great post. Timely too since, most of us here, need to renew EADs/APs soon; keeping the typical 3-4 months of USCIS delay in mind.




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  • akred
    07-25 02:40 AM
    Go ahead and start the process if the company is willing to do it. Ultimately, the DOL, not the employer, will decide whether to deny the LC, certify it or sit on it for 5 years before certifying it.




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  • simple1
    05-12 12:41 PM
    Thanks a lot for the thoughts. The same logic will nullify the ebdependent to qualify for ebquota. How come a 5 year old dependent becomes eligible for ebquota (sec 203 clearly lists the quota size and qualifications).

    Take an example:
    H1 primary gets H1 visa, H1 derivative gets H4 visa( and is not counted in H1 quota). Same with L1 (dependent gets L2) the quota doesnt apply in L1.


    If you don't agree with me then ask any attorney and post the response here. Hopefully that will make you see the reasoning.


    Yes, I don’t agree with you on the interpretation linking ebdependents with ebquota.

    Please note: My primary argument here is "ebdependents out of ebquota". I really don’t care where ebdependents belong as long as they are not counted in ebquota.

    I am already in "Ask an Attorney" forum and want to hear attorney’s thoughts.
    Please comment only in the member and donor threads and Let us keep this for Attorney only.




    Munna Bhai
    08-30 12:54 PM
    My PD is 2002 Aug


    If you need answer, you need to give more information:

    a)Is it a sub-labor.
    b)Did you or company has been flagged by USCIS for any event.
    c)Did you or your spouse applied for GC which is flagged for some reason.
    d)Any other info you would like to share.




    Eberth
    10-21 06:08 PM
    hehehe, btw, could anyone draw a dogs bed for me, hehehe,



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