Sunday, June 12, 2011

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  • hebron
    06-22 02:01 PM
    Hey, thanks for the feedback and clarifications. Good to know that my EB2 will not affect the existing EB3. Yeah, I agree things are kind of grey when it comes to using the on-the-job work experience. I guess it depends on individual circumstances and there is no certainity about what will apply where.

    It would be really nice if the USCIS publishes some clear written material on these rules and regulations, like a FAQs that answers the most nagging questions someone has about Employment Based immigration. Does something like that exist? Does anyone know?


    HI latbsol, Just curious, did you file EB2 with the same employer?

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  • vicks_don
    12-14 02:21 PM
    Where can we find information for e filing EAD/AP Renewals ?

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  • vin13
    03-09 05:18 PM
    Me and My friend developed a product, which is ready to launch. The product is very good and two fortune 500companies are willing to implement the product and back us up.

    Now my problem is I am on H1B working fulltime with a company and also have an EAD. At this moment I cannot leave my fulltime job. My question is , if I can be a partner with my friend in the new company we are forming( My friend is a US citizen), also will I be able to get paid ( as the developement of the product drained my pocket, this was the hope and I think we are close to reap the hardwork) . Also my wife is also on EAD , can she be the partner? Will there be any issue if I can do that.

    Please help!!

    As a H1-B employee, if you are a partner to the company, you can take profits. but you cannot take salary as a employee. For example, you could be a 50% partner for profits. But your friend(US Citizen) can be the working partner who actually signs all the checks and contracts etc.

    Best would be to make your wife who is on EAD to be the partner. She can be an employee and a partner. More flexibility. I do not see any issue.

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  • up_guy
    08-31 11:48 AM
    I have recently changed my job using AC21. My new employer has filed H-1B transfer and I also had two years of EAD
    While filling up the I-9 form I have used EAD alien #, when I checked the emplyer HR they said that I-9 stays in the office and they do not send its copy to USCIS so my question is how USCIS knows that whether I am on EAD or H-1 B ?

    Can I treat myself on EAD and H-1B both

    Thanks for your response...


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  • meridiani.planum
    07-11 04:05 AM
    In case his I-140 was approved then there are no problems for this scenario right?

    yes if I-140 is approved it makes a world of difference:
    - keeps his GC process alive even if he changes employers since he is past the 180 day mark of 485 filing.
    - he gets a 3 year H1 extension/transfer if his PD is not current.
    thats the reason I advise him to hang on until the I-140 comes through; esp since he has a 2004 PD and its an utter waste of four-five years if that goes.
    Even if employer is not treating you well, hang in there and smile; your turn to get even-steven will come soon enough.

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  • reddymjm
    01-09 11:39 PM
    I would have said 2020 but as you are not part of India or china may be 2015.


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  • nixstor
    08-21 10:19 PM

    I am seriously considering starting a business as a partner with a Perm Resident. How ever, I have not delved into any details. Guys! Any input?

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  • Canadian_Dream
    09-25 12:41 PM
    A real life example of libel lawsuit:,1895,1905068,00.asp


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  • HV000
    01-15 12:51 PM
    $1000 is a lot for Premium Processing and VSC is profiting a lot from this. They are running a business for sure....
    Its only extensions which are a long time.

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  • Yeldarb
    02-05 11:26 AM
    Thanks. I'll check it out.

    The ball is just a circle with a gradient fill, where the fill is from black at 100% alpha to 0% alpha.


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  • fittan
    04-23 03:26 PM
    I respectfully disagree. As you all know, the USCIS (online and phone) system is completely different from Infopass. What appears on the former is usually inaccurate. I know this because both my wife and I have received our GC but our online I-140 is still pending.

    I am adament about this because I moved in Jan 08 and submitted AR-11. In July 08, my wife online status shows that a RFE was sent. We waited anxiously for 2 months for this letter. Then we went to Infopass and found out that they still have the old address. By the way, my address was updated. Few days after Infopass, the letter finally came. It was enclosed in another envelope (because the orginal bounced and USCIS resent to new address).

    I think everyone should use Infopass frequently. Use it to check if your name check and biometric are cleared. Asked if there's any flag. Where your case is physically and of course your current address. I go to the Boston office all the time and it is usually empty in the morning. Whether the Infopass office is packed or empty has nothing to do with when you'll get your GC; there's 6 counters and I doubt they'll increase it if there're more people.


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  • dbevis
    March 3rd, 2004, 07:22 PM
    Very cool. Gets the Vertigo award from me. That has to be the tallest spiral staircase I've ever seen. They don't design em like that much over here - probably to minimize the possibility of jumpers.


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  • rajnag21
    07-17 05:51 PM
    First of all thanks to IV core team,logiclife,pappu and all the others who have made this possible for the rest of us !
    As I understand change of marriage date is really not possible as everything has been paid for and arranged et al...
    Thanks so much for your advice on this matter. I will convey the advice for this posting to him so he can take the appropriate decision.

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  • abingc
    08-19 12:46 PM
    - Received 2 Yr EAD expiring July 2010
    - Current EAD expires in Oct 2008
    - 140 Still Pending
    - EB2 I, Feb 07 PD


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    07-13 10:53 PM
    I would recommend sending a letter of thanks for support on this issue. I do not know if flowers a great idea.

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  • gc_on_demand
    03-17 10:39 AM
    RFE can be issued even though your priority date is not current. This is because USCIS is processing the case and keeping it ready (pre-adjudicate) to issue GC when dates get current.

    Recently USCIS announced that they have less application for US Citizenship.

    "In fiscal year 2007, a record 1.4 million legal permanent residents applied to become naturalized U.S. citizens just as the agency raised fees for a variety of services. About a million people received U.S. citizenship the following year.

    By fiscal year 2008, the number of citizenship applications in the pipeline dropped to about 518,000 � far below the 730,000 filed in 2006."

    Also they hired more employees in 2007. Also last year was election year so USC was priority. We will see more resource allocation to 485 apps. But dates are not current to they are Pre Adjuctiing cases. Also it makes sense that date didnot move in April as there was a huge demand from CIS. I think for This FY we will see more EB based approval.. and from now onward there will not be a huge jump back and forth. Also india Eb2 will get 25k visas for this FY and in last quater people till Mid 2006 will get actul card .. There may be some low hanging fruit from early 2007 or late 2006. ( I expect only 1-2 % )


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  • vxb2004
    05-31 05:53 PM

    I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.

    A short description of this role (for those of you who don't know about this role)

    The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels

    I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.

    All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.

    Appreciate your thoughts on this


    Given the fact that ur I-140 is not approved yet, I would wait till the approval before considering any job change.

    Good luck.

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  • div_bell_2003
    03-24 06:56 PM
    Your status does not change to H1B till October 1st, 2009 so by default you are on OPT till that time. Now, you might want to check with your company lawyers if they are going ahead with the filing. My feeling is , they are going to go ahead with the filing since only after an H1B is laid off, USCIS is notified by the sponsoring employer. If you don't file on the April time frame, you might miss the bus for this year and your next shot comes only in April 2010. Take a moment off and think with a cool head, what do you think would be good for you and your career.

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  • jnraajan
    07-27 11:29 PM
    Since the last action is you came on L1, you can apply for change of status to change from L1b to H1. Once it is approved, you can go back to H1b.

    07-26 02:52 PM
    Good that we see more proof of Apps received on Jun 29 getting receipted.
    I am sure Aug 1st , NSC will become compaint to their receipting release and start receipting everyone who had applied till July 10th.

    07-08 03:14 PM
    Hi All,

    Give me all your valuable suggestions for the below case:

    - Got a full time offer for my wife who is working on H1 and has EAD too.
    - She decided to transfer her H1 instead of using EAD.
    - My wife has sent all the necessary documentation to the lawyer.
    - Mean while, we got I-485 approved. As per lawyer, upon 485 approved, H1b and EAD is no longer valid.
    - We have not received I 485 approval notice through mail yet. We just have email from immigration

    Our question is on what should be the valuable document that can be shown as eligibility proof to work as we have not received I-485 mail and cards yet.

    Another question is: Can we visit local USCIS office for the temporary green card stamp based on the email got from immigration.

    Your response is highly appreciated.
    One thing I did not understand is 'Urgent Please' in your thread heading.
    I don't see any urgency here, unless you added to draw everybody's attention.

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