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sieger007
05-17 11:20 PM
Hey
Thanks for responding to my question.Many thanks
Here is the Sequence of events :
Joined company 1
<>Labor filed in Nov 2005 under EB2 and approved
<>-I-140 Approved somewhere Aug 06
<> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
<>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
<>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
<> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP

My Q's are
<> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
<> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
<> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
<> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.

I just dont know know with all this EB2 retrogression what is the best plan of action.
MANY Thanks Again
Sam
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bfadlia
03-22 09:51 AM
may be two weeks later than the website indicated, but i got the approval.
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admin
03-15 01:22 PM
this person is bringing some valid points to ponder. People please go through her posting and i agree with her regarding the numbers is still 10% only for india. we need to fight for removing the per country limit, or else, we may probably be in this retrogression mess for quite sometime.

eb3retro,

Your concerns are well placed. Please be rest assured that we're working on reinstating the AC21 clause on per country limits.

Due to the sensitive nature of lobbying, we're sorry that we will not be able to divulge any more detailed information.
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seba
09-24 03:29 PM
GreenTech, that's a good question. I am considering to transfer to offices in Asia or Europe next year and then attend B-school in the US after 2 years. That way, once I graduate, I will also at least have the option to get another 6-year H1 in the US.

thepaew, thanks for the advice. I have been thinking about this for a while, and my options are:

1) Start the GC process now and wait until I get the GC. Then think about B-school after I get the GC (I am not interested in part-time programs).
2) Forget the GC process and transfer to Europe or Asia next year and then attend B-school in the US after a few years.

Personally for me, having an MBA in 5 years is more valuable than having a GC in 5 years, so I am leaning towards option 2 above. However, if I don't get into B-school, then that's another story... I would probably transfer back to the US on L1 and start the GC process. At that point, I would apply under EB2 anyway with my Bachelor's and 5+ years experience.

Thanks again everyone for the replies and advice. And yes, of course you are not lawyers, but your help is still very useful. During my H1 renewal process, I got more useful info from here than from my company's lawyer!
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number30
04-17 02:20 PM
Hello,

Thanks a lot for your answers.

Despite the situation sounds illegal and I agree it is - I didn't wanted to make something illegal and was just waiting for my employer to fill the papers.

I am as well what they call a skilled worker, I basically get a o1 visa to work as manager for a big company and I don't give a fuck - but yeah I get another job offer and didn't waited to have the new visa to start. You know sometimes you can take bad decisions, people can tell you things which never happen, and that's unfortunately how life is.

Last week I get another job offer, it's real and not illegal - I worked a lot to get this offer and spent so much time working hard instead to have fun.

I am currently filling a new o1 with a lawyer and plan anyway to leave the US asap. Maybe I will never have this visa and will probably be bar for 3 years but I really need to try to make everything possible.

When I get the first job offer in the US - I was working as manager in Europe, and everything was pretty fine. I accepted this job, sold and gave all the stuff I owned to come here, in the United States, to work. Today I have no apartment or place to live in my country and I know as well that when you get a non immigrant visa you are supposed to can get back to your country easily but it's like hard to keep 2 rent and 2 places.

I will be very grateful if you can give me your point of view about my case and share your experiences.

Thanks a lot


If he has canceled the visa that is not over stay. It is illigal stay which quite lesser offence then the over stay. What is your I-94 expiry date? If it is not surpassed yet you are not subjected to any bars.
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immigrationvoice1
02-27 01:08 PM
Hope this documents appears in the sites run by the "anti-employment based immigrants" supporters.
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pamposh
10-05 08:12 AM
Recently a friend of mine hot has GC approved. He is EB2, PD Dec 2005.


Nothing makes sense.

Thanks
Senthil

Are you serious? what country is he from... just curious... i am EB2 sep 2005, sounds like I should not loose my hope...:cool:
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pdakwala
03-01 08:04 PM
Support IV now or else start packing bags. There are few things that you can do and that is not difficult.

1. Become member of IV
2. Support them by contributing money.
3. Support them by taking part in conference call and meet the lawmakers.

You can do it. By the way stop giving others BS that

1. We are on H1B and so no one will hear us.
2. Is it legal or illlegal to contributing money.

These are nothing but just excuseS. In reallity you don't have guts and faith in yourself.
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ItIsNotFunny
12-02 03:46 PM
How about you become core member and involve in overall efforts related to lobbying.

I promote more direct efforts like rally, mails etc than lobbying.

I never said current core members are not doing their job. I said that lobbying companies may be over charging where we don't have control.
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siddar
12-03 05:51 PM
Candidate should be physically present in USA, on the date of AP approval. Otherwise, that AP is not valid. When the candidate try to enter US, the IO will verify this information and may permit accordingly.
I-485 application considers abandoned, if a candidate leaves US without any valid Visa to re-enter. Remember, H1 / H4 cannot be stamped after I-485 approval.

I'm a layman like you, please consult an attorney.
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fall2004us
03-22 02:43 PM
samswas - sorry for hijacking your thread a little bit.
here is my question:
Can I travel while EAD is still pending, though EAD is not being used, and mode of entry will be still H-1 and AP papers as backup.(no employment change)
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jediknight
07-26 09:59 AM
Good advice with different viewpoints.

My advice is "Look for a good mentors" with who you can discuss your situation in detail.

My preference is
Family
GC
Career

This works better in the long term :-)

- JK
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lenbin
07-06 12:17 PM
@ gc wanna be
it works perfectly especially if ur company is on good standings as u mentioned in ur post.
PM me if u want info on similar cases, thats if u ddnt get CPO mail yet.
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milind70
07-07 02:13 PM
How many years of years of W-2 form copies do we need to attach, when we file I-485 applications?
There is no definate answer,but in general lawyers ask for last three W2 with last three paystubs plus last three years returns filing copy.
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gcadream
02-24 02:17 PM
But is there a risk that if you work at client site and doesn't have a PO for at least 6 months then in that case the H1 extension may get denied ?
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ujjvalkoul
01-17 06:08 PM
2 months is another long wait....I guess it cud be more ....

Was your at Nebraska Service center too?
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rkrishna123
10-17 03:10 PM
Thanks Vamsi for your advice....I have not checked with the CIS yet...i will do now. Thanks for your time
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pandu_hawaldar
06-04 11:09 AM
I don't think its necessary to have kind of a verification letter from bank. I only sent paper statements for past 6 months, that's it. I printed the same online and also did order in mail through 1-800 number of BOA free of charge. As a matter of fact, in my situation at that time, I was not worried about sending this verification letter, because we give enough docs for our genuineness and I thought monthly statements would suffice.

I guess you should close the account with that bank (or atleast make it non-active) and open one locally.

My $0.02 :).
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gc_chahiye
11-13 12:13 PM
I would appreciate if any of you could shed light on the following scenario:

If 485 is pending for over six months and someone switched the job using AC21 for a position which would require extended stay [upto 2-3 years] outside the US. Would it any way impact the GC process? Given that priority date is 2007, it is unlikely(?) that 485 would be adjusted in that time.

Thanks

you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.
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Siddharta
09-26 04:41 PM
If employer revokes I-140 (even after 180 days) and I-485 get denied, you lose your old PD. So it's not set in stone.

Are you 100% sure about this.
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sandy_anand
11-09 03:27 PM
Filled out the form...
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