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  • nomorelogins
    11-27 12:56 PM
    I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.

    My question is how do people intend to leverage on having an EAD for a higher salary?

    Thanks!

    i guess the real benifit in terms of salary is for persons working for (desi) contracting/consulting firms who gobble up most of the profit.





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  • kaisersose
    06-04 10:30 AM
    Your lawyer is correct. Since you are from India, you cannot apply for 485 at this time and hence you cannot get an EAD.

    You can apply for your 140-NIW and wait for your EB2 PD to become current - whenever that happens.

    Alternatively, you can check with your lawyer if you qualify for EB1 - extraordinary ability. In that case, the PD for India is current and you will be eligible for 485 immediately.





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  • xlr8r
    07-17 04:53 PM
    Where did you see this? I can see the Aug bulletin but not your update.

    D. JULY EMPLOYMENT-BASED VISA AVAILABILITY

    After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.





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  • camarasa
    08-01 07:01 PM
    Did we ever hear anything back regarding the July 2nd questions she sent to USCIS? Remember she gave them three days to answer?



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  • jskumar
    09-05 10:34 AM
    I got an RFE email both for me and wife (9/03 from NSC). How long does it take to arrive in mail?.





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  • nousername
    05-06 07:36 PM
    update your profile first



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  • bestia
    01-27 02:15 PM
    These are minor things, although annoying, but I wouldn't worry about them. I guess it's just your GC interview. The good thing is that they are processing your case. I would suggest taking your lawyer with you. When is your interview? Just curious what is the time frame. Good luck.





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  • BPforGC
    11-05 04:22 PM
    Do not enter on AP and lose your underlying VISA status unless you have no other choice. Maintain your H1 as long as possible till you get that piece of plastic in hand.



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  • axp817
    05-15 04:25 PM
    yes, he lucked out when his file/case/name/application got picked last Aug/Sept when that PD was current for a brief while.

    I could be wrong, but don't the dependents also need their PDs to be current in order for their 485 to be approved?

    The wife wasn't as lucky and her application wasn't picked while the window lasted, which is why she is still waiting. No?





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  • tabletpc
    08-23 02:53 PM
    Based on the information you know about immigration and discsion u have been having with frinds ,attorneys, websites..etc. What do you think about the probability of I-140 premium starting date...!!!

    I guess 485 getting current does not help much without getting i-140 approved.



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  • paskal
    12-08 11:31 PM
    Dear friends,

    We are hoping to here from members in MN, there is much to be done yet...let us build on the energy from these last days.
    Please visit the Chapters thread in the members only area and post your info and ideas in the MN chapter thread. Thanks!
    OR use this thread if it is just more convenient....





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  • ultimate_champ
    11-29 03:24 PM
    Agreed to the points above.

    However my new offer is also with the same employer, just different team and location. The HR, Immigration Dept, lawyers etc are all the same.

    Im not changing my company - but just the team & location.



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  • Libra
    07-07 02:17 PM
    Dugg 4 times..





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  • theconfused
    04-02 10:21 PM
    Hey Dontcareanymore,

    You are right.

    For other folks, here is the summary -

    1) Got H1B visa stamp valid from August 2007 till August 2010.

    2) Started working from October 2007 and Was laid off in November 2007.

    3) Joined a consultant (IT) in December 2007. Got the training but never pursued any job as did not like the IT field.

    4) Found another job in my field (chemical engineering), filed for H1B (premium processing). Got approved without change of status in March 2008 (I-797B) .

    6) Attorney said that i have an almost brand new H1B visa so don't have to get a new visa but have to bring myself back into status by re-entering into US. Did that in April 2008. Total number of out of status days = 134. Started working for this employer from April till 30 September 2008.

    7) Found another job. Changed the job. Got the I-797A (with I-94). Working with them since October 2008. This new petition is valid from 1 October 2008 till 30 September 2011.

    8) Came to New Delhi for visa stamping on 25th Feb 2010. Had almost 20 to 30 minutes long interview.

    9) First VO asked normal questions such was job duties, salary, last 3 pay stub, W2 form etc.

    10) Then VO found out from the form DS 160 that i have checked on 'out of status' checkbox. She asked what happened. I explained it.

    11) She went to consult someone else. Came back and gave me back all the documents and asked that someone will call me on another counter.

    12) Another lady called me on different counter after 30 minutes. She sounded friendly and gave me a 221 g form (pink). She told me that it will take 6 to 8 weeks to finish the admin processing.

    13) 221 g form had questions like resume, thesis, publication, last 5 travels in US etc.

    14) I asked the lady if i can go back on my current valid visa and new I-797A. She went to consult with someone else and said that yes i can go back if i want to and the embassy will shoot me an email when they need the passport for visa stamping.

    15) With my best judgment, I left India for US on 3rd March 2010. At POE (Chicago), forwarded my passport (work visa valid till August 2010) with the I-797 A (valid till September 2011). CBP officer gave me the I-94 valid till September 2011.

    16) On 16th March 2010, got an email from embassy that they need my passport.

    17) I asked if they have received the clearance. They sent me back the automated message that they need my passport.

    18) Called DOS to know the status. They said that they can only see on their system the information submitted by the embassy and not beyond that. And the latest information embassy submitted was that they need my passport. The also mentioned that they don't have any idea why the embassy needs my passport. And 221 g is not cleared yet.

    19) With best of my abilities, made a decision to go back to India and submit the passport to vfs.

    20) Came to India on 29th March 2010 (early AM) and submitted the passport on the same day.

    21) Passport was sent back to me on 1st April 2010 with the visa stamped.

    22) The new Visa expiration date is 29th March 2012 while I-797A expiration date is September 2011. Why is it so i do not know.

    23) Checked the status on the New Delhi embassy website for 221g and it still says that the case is pending though i have received the visa stamp. It indicates that embassy folks do not update the case status report for 221 g.

    Please feel free to ask any question.

    Thanks a lot to all of you reading this...



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  • krishmunn
    12-23 09:35 AM
    There is one option which you can try. Take a online appointment at one of the consulates in Mexico. It costs $8 or so. They ask to send the 797 by fax before the appointment date. Presumably they ask for the 797 to do a PIMS verification. I do not know if that helps in confirming PIMS but for $8 , it is worth taking this additional step.





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  • lazycis
    12-03 01:02 PM
    No, you don't have to be employed while in EAD but do remember GC is future job, if have something to show them then you are safe.

    Correct, with a few exceptions:
    1) I-140 can be automatically revoked if the petitioning employer goes out of business.
    2) I-140 can be withdrawn by the petitioning employer.

    If you do not expect these two events while you are waiting for I-485 approval, there is no need to work.



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  • sathweb
    02-13 09:10 AM
    Our priority date is not yet current but that seem like a good idea. How do I go about finding who to contact.

    The tool you are looking for is Google. Just search for your local Senator and give him a call, they will tell you what they need. As you said, Senator is very effective if your date is current.





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  • gc_check
    05-01 10:19 PM
    Well, It is good that you believe there is even a slim chance that Dec '06 will become current !!! I do not think so at least this FY '11. Sorry for my pessimistic outlook !!! But that is the case.

    If your 485 is approved, while your Spouse on H4 is out of country, who has not yet filed 485 and do not have AP, will not be able to travel as the non-immigration visa is void once your become a LPR. You might have to do a Consular process or file following-to-join you which could take significant time. It is better, she return immediately on H4 once you know your date will be current for following month in Visa Bulletin as Dept. of state at least release this data couple weeks ahead, Else you might end freeing a visa number to some one on line after you in EB2 category or for an EB3 person upgrading to EB2 :)

    For immigration issues, my suggestion will always be to get counsel from an attorney then forum as each case is different.





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  • mk26
    12-21 01:35 AM
    Anyone please advice if I need to get verified the PIMS check before my h1 visa interview at Kolkata, I have an appointment on 1st week of Jan2011.

    Please share if anyone has any idea one this

    Thanks
    -MK





    quizzer
    01-08 06:18 PM
    One of my colleague did withdraw his PF in an exactly same situation (not in TCS though), and you can definitely file 10C and 19 directly with the PF office without involving your employer. PF administration is now much more efficient and strictly works on behalf of employees, not employers. Even if any PF amount is not deposited by the company, PF has started taking immidiate actions against them.

    Thank you richi.

    Iam also thinking on the same lines.

    Also looking forward to any TCS PF withdrawal experiences.

    Thanks





    anandrajesh
    12-08 11:39 PM
    Dear friends,

    We are hoping to here from members in MN, there is much to be done yet...let us build on the energy from these last days.
    Please visit the Chapters thread in the members only area and post your info and ideas in the MN chapter thread. Thanks!
    OR use this thread if it is just more convenient....

    Count me in dude... i am not a member in the state chapter...



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