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  • rongha_2000
    10-02 11:57 AM
    You may be generally right about this, but in my case the attorney fees are borne by my company and it is my company who advised me to apply for EAD and still said that they will maintain my H1 till my AOS is approved, and thats where all these questions started popping in my mind.

    The only real reason why your lawyer wanted you to apply for EAD is to collect their fees. If you are maintaining H1, there is no need to EAD. If you lose your job, you will most likely have time to get an EAD, or you may even end up doing an H1 transfer.




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  • kumar1
    08-01 01:09 PM
    Is it just your imagination or did you base this on any source.

    buddy...can I buy you a lunch today? Please..




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  • little_willy
    09-26 12:52 AM
    I guess all these options are possible as long as you maintain your H-1B.




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  • GCD
    07-27 10:07 PM
    My lawyer filed the I-485, EAD and AP package for me and my wife. She put a G-28 notice for each application (with our and her signatures). She missed signing the AP G-28 for my wife. I asked her about this. She said it should be fine. They would not consider her notice of representation for this particular case, and would mail the AP approval directly at our home address.
    I hope we are fine and our application doesn't get rejected since we had one check for all the applications.
    Please reply. Thanks a lot.

    Gurus. Please reply. Thanks a lot.



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  • eb3_nepa
    04-13 11:01 AM
    Can ammendments be made to the bill in the 180 day waiting period? It was mentioned here before that ammendments can be made during that period.




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  • vinabath
    05-15 01:03 PM
    What a coincidence.....

    1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
    2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)

    I do not know what to do, I am thinking couple of situations.


    I. File 485 with EB3.

    Advantages:
    Low Salary Requirements,
    Generic Job Duties,
    Easy to use AC21,
    Already approved I-140

    Disadvantages:
    Possible retrogression,
    So more wait before realizing the dream of actual freedom.

    II. File 485 with EB2 labor (concurrent filing)

    Advantages:
    Less chance of retrogression.
    Quicker path to GC.

    Disadvantages:
    I-140 denial chances
    Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.


    Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.



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  • snathan
    03-28 04:22 PM
    As per my tax preparer's advice, I sent both the tax return and W-7 form to IRS ITIN Operation office in Austin, Texas. Is this the correct address?

    yes...




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  • tnite
    06-26 02:35 PM
    There is a news in news article thread that Senators Cantwell & Kyl have proposed a amendment which will open up a parallel employer sponsored GC path. Anyone has information regarding this amendment?


    If I am not wrong that amendment has been changed considerably.
    the new amendment states that Employer abased GC will be phased out in 5 yrs and then merit based kicks in

    H1B quota for US Master's Grad is 40K according to the amendment.
    If I get the link I will post it



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  • tnite
    02-18 01:23 PM
    Hello IVans,
    My employer did not pay for I485 expenses (USCIS fees, Lawyer expenses and Medical exam expenses). I paid all these expenses out of my pocket. Today one of my friends told me that these expenses could qualify as tax-deductible expenses. I have my doubts, but want to get you thoughts.

    Thanks.
    To deduct these expenses you need to itemize your deductions and for the year 2008 the new standard deduction is $10,900 for married couples filing a joint return , $5,450 for singles and married individuals filing separately and $8,000 for heads of household. link (http://www.irs.gov/newsroom/article/0,,id=174876,00.html)
    The most important question you have to ask yourself is "Is your itemized deductions more than the $10,900"? If yes then go ahead and itemize it, otherwise you're well off using standardized.




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  • gauravster
    01-20 11:27 AM
    As far as my understanding goes, EB1/2/3 is fairly recent, 15-20 year pehnomemon. As such getting examples of people who have been extremely successful post getting the visa is going to be difficult. Even for Harvard reunions, usually it is only at the 25th reunion (among a few thousand people) that you have some very successful people, in a 10-15 year span, getting extremely successful(to have your name in newspapers every other day) is like a 1 in 100,000 chance. Even with EB1s.



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  • MerciesOfInjustices
    06-07 11:21 PM
    Well said!




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  • styrum
    06-12 03:10 AM
    He doesn't need an H1B transfer to be approved to start working for the new employer, just "filed".



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  • chakalov
    02-17 04:16 PM
    The spill over will come from EB1 India guys not from ROW.




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  • nixstor
    05-14 07:28 PM
    This is totally ludacris to me. Even though the bulletin expects movement going forward, there is no assurance that the dates will not go back. On the flip side, I am wondering if USCIS/DOS wanted to fully utilize the 140K visas this year and just moved the dates too much ahead. If thats the case, the dates might not move again or retrogress back further. DOS official Oppenheimer mentioned that atleast 10-11k were wasted last year. I still feel that the dates are going to go back some time sooner or later without congressional law changes.

    This means that we have to stay put and work towards our common goal of getting the system fixed.



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  • ivgclive
    04-21 01:31 PM
    There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.

    Has anything been done yet?

    This is something like filing a law suite against Manmohan Singh for having inefficient ministers under his goverment.

    Hire a top attorney, paying him half of your earnings to get an answer from the court saying that "thats how things work".




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  • gvenkat
    02-23 12:00 AM
    2 friggin days... man they got to be kidding... :eek::eek::eek: at this rate it will take me 15 months to get my 140 approved... mine was filed on july 27th.....



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  • umndude
    06-17 03:19 PM
    Let's say there is a problem. What can you do to fix it? You want to start GC fresh?
    Relax... I have seen many people who bought PDs from consultants paying 10k and got GCs too. Don't worry. If you post these kind of threads, it make people waiting for years more frustrating. Be happy for your luck. Go chill. Don't keep saying you are afraid and all.




    I can empathize. I might me more luckier than you, and there are people *luckier* than me. (You know what I mean..) But, if for some reason I don't get my GC, and you get your GC in a few years, me being lucky to start with is of no use. Nothing is sure till GC is on-hand for anyone.

    So, I would appreciate if someone could let me know if there are any disadvantages process-wise when it comes to I-485 adjudication on a pre-approved labor.

    Thanks.




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  • JazzByTheBay
    10-10 06:10 AM
    Afaik, you can file for an H1 extension without being subject to caps as long as an AOS pending. For instance, you can take a break and go to school, and then file for another H1 extension - it won't be subject to the caps. Confirm it with your lawyer.

    jazz

    I read somewhere that once you use your EAD , your H1B lapses. Now A new H1B would probably would come under the cap. I am not sure if the AC21 rules take precedence over this.




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  • kaisersose
    08-01 01:09 PM
    Wishful thinking.

    1. All they did in June was to assign visa numbers to already processed 485 applications. These cases were fully processed and were just awaiting visa numbers for approval. They could have just as easily assigned 4 million visa numbers in that time frame. Hence, this June activity has no bearing on actual 485 processing time as this also includes security checks (can run into years) which are not in the hands of of the USCIS.

    2. Rajiv Khanna says not all visa numbers for the fiscal year are made available on Oct 01. Visa numbers are released in limited batches for the first 3 quarters. It is only during the last quarter (July-September) that DOS is allowed to go to town and release all pending numbers of that year.




    desi3933
    07-20 04:31 PM
    Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.

    They already applied my 485 and AP.
    What should I be doing?
    1. Can I apply EAD myself?
    2. will I get in trouble if I do not have EAD and my H1 expires?
    3. Can I move to new employer using AC21 without EAD?

    USCIS recommends applying for EAD 6 months in advance.




    masti_Gai
    10-27 08:07 AM
    After the bi-specialization of centers for H1 and 140 approvals the processing times have increased. This is coz the applications from other centers like Nebraska and Texas are being transferred to California and Vermont.
    Once they are all done with the backlogs of other centers they will maintain their goal of max six months to process any application.

    so nuttin to worry unless ur application has passed six months. if it did so ask ur attorney to get in touch with the concerned processin center to enquire the reason for the delay.



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