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  • Suva
    07-19 04:17 PM
    Excellent article.





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  • maheshf
    01-24 09:22 PM
    Thank you all for information. I confirmed with our lawyer one more time

    here is the response

    "It is the combination of her I-485 receipt and the EAD that demonstrate her current status of adjustment applicant. If the admissions people are confused they need to talk with their foreign student advisor who should be well versed in this stuff. She is no longer an F-1 and therefore not subject to any F-1 rules �


    I guess it's up to the school to determine if they will allow her to finish her degree on AOS/EAD. some of you suggested ..school can make rules. We suggested to school that that other school do allow partial course load in certain situations. They say it may be true ..but they don't have that policy.

    If they don't allow her..i don't see any option but to fork up 7-8K. It would be great if you can provide me an official document /link indicating she can study during AOS.

    Do you see any problem if I say please go ahead and report it to INS ? I don�t see any problem as long as they allow her to finish her degree.





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  • she81
    06-10 07:19 PM
    There's a EB3 140 approval drought in not just NSC, but TSC too. I think it's going to get worse with EB3 becoming U. I am myself EB3 Mar 2005 and my job isn't looking very stable after my company resorted to outsourcing.

    Can we suggest to AILA reinstatement of premium processing for those who've waited beyond some acceptable period of time? The same way they are doing for people whose H1's are at the brink of expiration.

    I don't see any other way they will ever give heed to this problem i.e. where no monetary gains are involved.





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  • sanjay02
    04-16 08:49 PM
    When we use AC-21 and change jobs, and when we travel out of the country on using AP while coming back , at the POE if the immigration officer asks if you are working for the same employer, and you say no, then what are the risks involved?



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  • EkAurAaya
    12-03 06:10 PM
    Thanks for all the responses. My question is: Can one legally be on payroll of two companies and draw salary from them, both on H1? How about both on EAD? And, one on H1, the other on EAD?

    h1 is an one to one relation
    EAD can be one to many
    :)

    I think you are safe... just make sure you fall in the same/similar category in case there is a query.

    Good luck!





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  • sammas
    07-08 12:13 PM
    No I did not. The instructions said, I don't have to send photos.

    That is the reason, they asked me to appear for bio-metrics which I did.
    Probably the RFE might be related to photos not being sent. A friend of mine received a RFE for not sending the photos eventhough they are not required to be sent but he did not get any Biometrics notice.

    After the photos were sent, the application was approved.



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  • Cereal1965
    07-12 02:40 PM
    WHat happens when they return the visa number to DOS? Can they request them again later or these numbers are just wasted for this year?

    Thanks!





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  • rbms
    02-27 01:27 PM
    I agree 100%. Only thing that we should be asking is our SSN money back when people in temporary visa leave US.

    Are you guys nuts?

    Which country in the world would lobby another country to take in its citizens? Why would India lobby America to give permanent residence to its highly skilled Indian citizens? So that America can benefit? This would be tantamount to treason.

    You are not talking about H1B here. This is concerning Permanent Residence for eventual American citizenship. Think reasonably guys!



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  • Hinglish
    12-19 09:34 PM
    The calm before the storm ... I think every one atleast in IT is in a wait and watch mode .... its still all too sudden ... end of Q1 2009 we will really begin to see the actual effects.... thats when most companies in US will be posting their earnings / license renewals etc ... defaults there?? Im keeping my fingers crossed ... hopefully we come out of this mess soon...





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  • learning01
    04-13 09:46 PM
    Such a loss of talent and skill should be pointed out publicly by the employers and research institutions, rather than us. They primarily will stand to gain more, then this great country and last we mortals. What do you say?
    Excellent point!

    Maybe the IV team, when interacting with legislators, can also highlight cases of exceptional persons who got tired of waiting for their green card and are now productively employed in their home country. That will be a nice complement to the stories of people like us who have still not given up.



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  • desi485
    11-18 06:31 PM
    I did not invoke AC21 because of the very same reason. My decision had influence of attorney advise.

    I must say Ron Rocks! See his post on his forums thread....

    http://immigration-information.com/forums/showpost.php?p=24864&postcount=8

    Hope this will help you to understand this issue further.





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  • p_kumar
    09-21 04:36 PM
    My checks were cashed today.I found the LIN numbers on the back and checked the online case status.It says, we received your application for I-485 on sept 18th.:eek:
    I dont understand.my attorney mailed it on July 23rd. why almost 2 months gap?.



    EB3, PD: Oct 2003
    I-140 Approved.
    I-485 reached on July 24th,2007.



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  • hibworker
    03-01 07:39 PM
    Since this is part of your income you will have to pay taxes on it. Your employer would have already deducted some or all of the taxes due via withholding.





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  • nozerd
    08-07 03:11 PM
    I was thinking this is a good way for short term period until we know for sure what is going to happen to us as far as GC situation is concerned. It may not make the most sense in the long term but is a good way of hedging your bets until you know for sure which way immigration issues are headed.
    This may be a good soln for people who do not want to loose their Canadian PR or those who dont want to move back to India for their own reasons (ppl like me who have been in this country for 10 plus yrs on F1 and H1 cobined but with no GC in sight).



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  • ronnie0479
    01-24 05:53 PM
    Reduced Course Load - 214.2(f)(6)(iii)

    The new rule establishes that a reduced course load is only acceptable to maintain F-1 status if it is subject to prior approval by the school and includes at least six semester or quarter hours, or half the clock hours required for a full course of study. A reduced course load for less than half time is only acceptable for defined medical reasons (214.2(f)(6)(iii)(B)) or for the final term of study if the school determines that fewer courses are needed to complete the course of study (214.2(f)(6)(iii)(C)).



    I need urgent advice from you. As you know my wife is on F1 visa and completed most of her credit hours needed by school. She has get only 1 credit hr to complete the course. However, that�s below 9 hr full time student status. She has been asked to register for additional 8 hrs..and pay tuition fee accordingly ( > 8K). Which I think is unreasonable. They told her that if she doesn�t register by tomorrow they have to report it to INS. She told them that she has EAD..there answer doesn�t matter in order to remain in school and F1 visa she has to register.


    My questions is:
    1) Can she continue working on her Thesis on her EAD and AP ?
    2) What will happen to her f1 if she use EAD

    In response to these questions my Lawyer said

    1.) yes, she can continue to be a student as an adjustment applicant � she can work using the EAD and travel using the AP.

    2) she is basically no longer an F-1 because she has demonstrated immigrant intent by filing the adjustment. Which is fine � she has valid legal status as an adjustment applicant and can work with the EAD and travel with the AP.

    What do pro�s think..:)





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  • sam_hoosier
    12-13 09:50 AM
    It is a hoax :)



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  • ScratchingHead
    10-01 01:18 PM
    I am sorry you made BA as a choice. Kindly do not support any airlines/countries that require visas for Indian citizens in transit.

    You get a green buddy!!!!





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  • greeku_veerudu
    05-27 09:45 PM
    Major flaw in your analogy is you failed to imply that only USCIS can produce TVs worldwide and it can produce only 140k of them for worldwide customers. Also they can only produce 7% of 140k for each country to fit each country's specifications. They sure will have customers, doesn't matter if their customer service sucks. Simple supply and demand theory.





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  • sanju
    02-11 11:29 AM
    This is a good question and let me give you a straight answer which others on this forum will not tell you. I am not sure if this is a rhetorical question or if this question is asked out of curiosity. But here are two versions of the answer to this question, so please bear with me here as I try to explain both versions.

    High skilled educated "illiterate's" version
    High skilled educated "illiterates" thinks that EAD is like green card. In July 2007 when everyone filed EADs, everyone thought that now they will get green card before the expiry of their EADs. So based on that foolish assumption, these poor illiterate folks started thinking that EAD=green card. Now the reality is setting in, and now these poor illiterate high-skilled folks have been stuck by reality check. So the real answer to EAD=green card question is setting in. And that version is -

    Real Version
    EAD is nothing like green card. EAD is a benefit of pending I-485 adjustment of status application. These is a good chance that green card application could be rejected for countless number of reasons resulting in loss of EAD privileges. As the economy worsens, this reality will set in further.

    .





    nuke
    01-03 02:58 PM
    I think its good idea to try to add just one demand i.e. I-485 filing provision without current priority date into Supplemental resolution bill. But I think it will be really nice to try to get ability to change employer without waiting for six months(after filing 485) into the bill also. So that person can invoke AC21 without waiting for six months. I think both of these provisions go hand in hand.

    Does anybody know when the next session is starting and when are they going to start discussing this bill and when will we be able to find out if our provisions are there or not?





    pitha
    08-14 01:58 PM
    I like your optimistic attitude but unfortunately I don�t share it because of past and current behavior of USCIS, like for instance how they willfully disregarded the 180 day name check memo. Do you really believe them when they say name check will be cleared in 2009, just like the current name check memo the fbi name check clearance will be thrown in a dustbin. If by a miracle name check is solved they will come up with some other check delay for example IBIS name check delay. the bottom line is if there is a will there will be a way, USCIS has no will what so ever to help us. Good luck to everyone but just build a reservoir of patience because if you have hope on USCIS you will pay dearly.


    USCIS is trying to make EB2 all countries Current sometime during FY 2009. Of course "a few" 2004, 2005 cases will still be pending past Oct08 but hopefully not too many.

    If EB1 and EB2 are shown as current soon, then the DOS can transfer the so-called "spillover" into EB3 ROW, then into EB3 IN & CH.

    Based on available numbers, EB3 India / China will see rapid movement in dates April 09 Visa Bulletin onwards.

    What will happen during 2009 in all likely hood is the following,

    Almost all EB1 spillover will go to EB3. (~ 25k)
    Some of EB1 and all of EB2 spillover will go to EB2 IN/CH (~ 10k to 15k)
    In 2009, there will be no more Name Check delays - therefore expect rapid EB3 approvals after April 09.



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