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  • lacrossegc
    09-23 11:40 AM
    You can work for a while but it will be considered UNAUTHORISED employment. Accumulation of 6 months of UNAUTHORISED STAY + UNAUTHORISED EMPLOYMENT will make you ineligible for I485. That is a huge risk to take.....

    OH law firm : A flood of foreign workers and their family members filed around this time last year the employment-based EB-485 applications along with or followed by filing of their ancillary applications of EAD and/or Advance Parole. Since the initial EAD was valid only for one year. these applicants are currently filing the EAD renewals en masse. However, some of these applicants are likely to face failure of receiving the renewed cards timely before the initial card expires for either the USCIS backlogs or security check issues. Those who face such gap should remember that the unauthorized employment will make them ineligible for I-485 approval unless they are eligible for the 245(K) relief. In this regard, the recently released 245(K) Memorandum was "very timely" particularly for the July 2007 VB fiasco filers of I-485 applications in that any period of unauthorized employment "after" filing of their I-485 applications is added and tacked on any period of their violation of nonimmigrant status and/or unauthorized employment which had been aggregated within six months "immediately prior to" filing of their I-485 applications since their "last admission to the U.S." For instance, if one filed I-485 applications with the record of less than six months of violation of nonimmigrant status and/or unauthorized employment immediately prior to filing I-485 application since the last admission to the U.S., he or she was eligible for I-485 application filing deespite their violation of the law. However, should the same applicant engage in unauthorized employment while they wait for the I-485 applications, he or she could exceed total of six months of violations when they aggregate the total period of violation prior to I-485 filing and "post" filing of I-485 application. Assuming the same individual accumulated overstay of I-94 for two months and unauthorized employment for two months resulting in total violation for a period of four months immediately before he or she submitted I-485 application, any unauthorized employment "after" filing and while waiting for I-485 application that exceeds two months will make him or her ineligible for I-485 approval. Close reading of the 245(K) Memorandum will tell such applicant that any employment between expiration of the current EAD and the renewed EAD is considered unauhorized employment for the purpose of 245(K) eligibility. Pending renewal application does not give the alien any employment authorization. Accordingly, should the extension of EAD be not received aftre the expiration of the initial EAD, he or she should immediately stop the work until the renewed EAD card is received to toll the running of click of clock of unauthorized employment and potential deadly consequences of ineligibility of the I-485 approval. This advisory applies only to those who work solely on the EAD rather than on a valid H-1B or L visa status.

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  • Leo07
    10-09 06:55 PM
    Basically, the VB just says that "Even though you waited for however number of years, gone through all the pains with employers, you are NO closer to getting GC than you were a month ago"

    How pathetic is our situation? Every time I think of it as the bottom,there is a new low next month? It's just a never ending tale.

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  • pom
    05-08 10:02 AM
    One or two more days... :phil:


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  • psychman
    11-03 11:03 AM
    Hi Kirupa. Hey, thanks for the help. Worked like a charm!

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  • jatinr
    09-23 04:15 PM
    i too remember reading postmark doesnt matter it should be received by 17th

    I agree,it was clarified in immigration-law that the application should be received by Aug 17th and does not matter when it was sent.


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  • hpandey
    01-30 11:45 AM
    My company has filed an AOS application on July 02 2007 using an approved EB3 I-140 (PD = Sep 2001). Then in Dec 2007, they have filed a EB2 I-140 using an approved EB2 PERM to convert the pending AOS apllication to EB2, hoping to port the priority date of pending AOS application to EB2 Sep 2001. EB2 priority dates were retrogressed after the EB2 I-140 was filed.

    I am thinking of switching the job now. I don't expect USCIS to process the EB-2 I-140 for next 6 months or so. Is it safe to switch jobs in this situation? I have portability right now, since 180 days have passed after the AOS application was filed with EB3 I-140. Does the EB2 I-140 adversely affect the AC21 after I join the new employer. What will happen to my pending AOS application, when USCIS processes the EB2 I-140 from my original employer, before or after I have used AC21 from the new employer.

    Appreciate your feedbacks on this.

    Man you are in such a good position . I think with an approved I-140 in EB3 for Sep 2001 PD your GC should not be far away .. Don't mess around with it by changing it to EB2 or things like that. It might get complicated . I would say have patience for a few months . Once you get your GC you are free.

    Using AC21 is not a bad idea for those whose GC is a distant dream but for you I think the goal is within sight.

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  • DSLStart
    10-19 07:54 PM
    POE officers sometime give hard time while entering. They want documentary proof of urgency why one left country while pending 485 and why outside for longer period. Search some threads here for POE officer's harrasing AP holders.

    i will ask my lawyer, to get some insight. Although the mumbo-jumbo he conveys is most time does not provide real answer, other than covering his own backside...

    I beleive it should be ok, as long as POE immigration does not ask for pay stubs.

    gurus, any input please.


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  • go_guy123
    12-06 09:15 AM
    in politics everything is give and take + "my side needs to get the best deal" attitude.

    I am conflicted about Dream.

    On the one hand, if it passes, the illegal community is pacified for the short term and if legal immigration is taken up immediately, they will not oppose us.

    On the other, if it does not pass, we might have to wait for CIR or whatever else. Neither Republicans nor Democrats care to sponsor a bill just for our issues. They will continue to talk about amnesty vs enforcement.

    Unless of course, we as a community step up, meet with lawmakers repeatedly, get them to take our issue seriously............

    Who said it will be like that. They will get their immediate Dream relief (called downpayment by hispanic caucus) and hold the SKIL bill hostage to amnesty. In the past they were holding even dream act hostage to the mass amnesty. Now with the Comprehensive immigration reform looking hard, they are trying to get their own piecemeal items done before they get back to mass amnesty. Amnesty is so politically toxic that they badly need the Agjobs and tech industry lobby behind them.

    Actually SKIL bill will see better chances in the new administration but senate is still under democratic party who controls the agenda there.

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  • veni001
    09-10 05:50 PM
    Hi javans,

    I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.

    Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.

    You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.

    I have myself not done it, but I have met few people in the past who did that.

    And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).

    Hope it helps.

    Good luck!

    You need to show both DOL and USCIS 4-yr degree or ABET 4-yr degree equivalent before using BS+5yr rule to qualify for EB2!


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  • desi485
    11-11 01:04 PM
    Priority Date Current: Curse or Boon ?

    I am EB3 India applicant with PD of August 2001 (own not substitution). Have I 140 approved since November 2005 but was only able to file I 485 in June 2007. With same employer for 10 yrs and on 9th yr of H1.

    Earlier this year my PD was correct for 2 months but didnt hear anything from USCIS. My PD is current again this Nov and Dec and havent heard anything yet. Called USCIS customer svc and they said cant do anything as processing date is not current (Yes and they are going by Notice date and not Received date for service request). Lawyer says just stay cool and wait. So USCIS has no logic and no order and all we can do is wait for our stars to be aligned and case getting picked up in a sweep. Other than that being current is a curse rather than a boon because

    You can not get 3 yr H1 extension if PD is current (only 1 yr).
    You can not get 2 yrs EAD if PD is current.

    So those dying for PD to be current think again. Its no use having PD current if USCIS is going to be so random and haphazard. It may turn out to be a curse.

    Read somewhere that AC21 can not be (or not advisable to) used when PD is current. Not sure how far is this true.

    edit: Found one link: Portability Applies to I-485 Applicant without Current Priority Date

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  • ajay
    05-22 06:58 PM
    Do we need to pay $340 for the second renewal of EAD and AP?

    USCIS page says, no fee only if you have filed 485 after July 30, 2007.
    I also have paid for EAD and AP for all of us,wife,son and myself.


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  • nhfirefighter13
    May 31st, 2004, 05:27 PM
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  • kaisersose
    07-24 11:09 AM
    I think your lawyer maybe right.

    The FAQ is saying Labor should be approved by the time you file for 140. Attaching any piece of evidence along with your 140 application that your labor has been approved should suffice.

    The FAQ is warning against filing 140 before Labor approval as many newbies may be wondering if they can utilize this 485 window by applying 140/485 based on a pending labor.


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  • gcdreamer05
    01-05 04:27 PM
    i woudl think the actual number porting is miniscule...

    but what i dont understand is why is USCIS hiding the data..why cant they reveal the exact number of application... and at what stage they?
    Even an annual release would be very helpful...:confused:

    Oh yeah , talk about that, there were few posts few months ago, that the great uscis had 4-5 diconnected databases and hence they had some project they were planning to centralize their dbs so as to arrive at a number.

    Now God only knows how that project is going on (as per schedule), only after that is done can we know the exact number........

    Comon USCIS hire some h1b's these guys will work their ass off to finish the project on time....

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  • go_guy123
    03-12 03:57 PM
    80-90% of H1B visa holders are on contract positions only and that was the sole purpose. Are you trying to say that all these H1B visa holders should take up permanent positions with the clients. One can do this also, no big deal but then who is going to cover the risk of layOff which can happen anytime with these permanent positions.
    At least consulting companies do not lay you off and ur GC process doesn't gets screwed up in between and one doesn't gets out of status all of a sudden.

    Also there had been some fraud cases by few of the consulting companies, but not all are fraud. Moreover tightening these rules doesn't stops the fraud company's, it stops all the valid consulting companies as well to run the business.

    The H1B rules said that the job should not be temporary or seasonal in nature. It has been flouted over the years and only recently USCIS started crackdown on this clause.

    Over the years American companies pretty much used H1B exclusive through a third party so that that they don't appear under the DOL H1B sponsoring company lists.

    USCIS is pretty much going back to the original clauses/intent of H1B that were laid out in 1990.

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  • blondhenge
    05-22 11:54 AM
    Are you EB-3 or Eb-2?

    I have interview for AOS employment based on June 20th, 2006. The letter simply says get passport and I94. However i am planning to take all documents with me.

    Here are my case details:

    - Labor was filed in 2001 Nov in MI
    - 140 approved in Oct 2003
    - 485 filed in Jan 2004
    - changed employer in 2004 Nov on EAD
    - RFE for employment letter in Mar 2004
    - Case transfered to local office (Newark), May 2005
    - 3 EAD renewals, 3 AP renewals
    - 25 % more salary than old job. Title in old job was programmer/analyst.
    - New job when joined was Systems Analyst.
    - For RFE response, supplied a good letter with same job description.
    - The current JOb is NJ with a well known insurance company.
    - Recently i got promoted to Information systems Consultant

    Now my Qs are
    - What can i expect during the interview?
    - Anyone with similar experience, can you share ur experience?
    - Change in titles, more salary, labor being from a different state etc are
    making me very nervous
    - Are there chances that i get rejected/approved same day? if rejected, will be disastrous as i am not H1 anymore?

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  • akred
    01-01 02:44 PM
    Things which can fix this situation are:
    1) Law by US govt to add more visas this year.
    2) US govt force UCIS to apply AC21 and let Indians and Chinnesse use additional visas rightaway.

    A recession will fix things too by reducing visa demand in the worldwide categories that are current today.

    11-25 05:13 PM
    One of my friends got GC without any problems.He got substitution labor.

    Another friend (who didn't changed his employer) got RFE asking for employment verification letter.But many of his friends got GCs even after changing employer without any RFE.

    USCIS really rocks :D:D:D

    11-13 05:38 PM
    So just to have the last word you somehow went in deleted all the following posts after your post? Good going!

    Some people are really highly sprung and get mad very quickly!
    If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
    Saying that, you are right: attorneys do screw up. It happened to me...
    But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.