USCIS Texas Service Center
Attn: E-Filed I-765
P.O. Box 852401
Mesquite, TX 75185-2401
Can you let us know what all supporting documents you have sent. It looks like each one is sending a different set.
This is the list Im thinking (I read some where else that you dont need to send anything for EAD, but I really dont know what is correct)
-- Current EAD Copy
-- I-485 Copy
-- Drivers License Copy
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Unfortunately, thanks to the filibuster, the senate is broken and nothing important has gotten passed. The Health care bill was watered down to make it almost useless.
He seems to forget that he also has a role of a leader to move the country in the right direction even if it may be unpopular.
There are issues that have over 60% support (eg. Don't ask Don't tell, Legal immigration issues, Energy tax credit, etc.) that he can support via executive orders but refuses to do so from a standpoint of the Constitution.
So, we are at
the Left are frustrated because he has abandoned their core issues
the Independents are frustrated because of the Job market and benefits from Health care won't kick in till 2012, etc.
the very small moderate right does not like him because of differences in policies
the rest of extreme right hates him since they think he was born in Kenya or black guy should not be the president.
It will be interesting to see what this election changes :)
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
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please post how you are proceeding with this matter.may be helpful for someone.
Chandu, here I found the LINK (http://www.murthy.com/news/n_porret.html)
"When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued."
It would be interesting to compile a list of all 50 states to see where each state stands. To do that though it would help if folks residing in different states chime in. Otherwise it would be too difficult to sift through the higher education commission websites for each individual state.
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Since the year is not over yet (until SEP30) , DOS can adjust the dates in next (interim ?) bulletin accordingly. That does not mean they become current like original Jul bulletin did , but at least some people will be able to file.
I am booking our tickets to India and found this thread to be very enlightening. Thanks to all the good folks for sharing their experiences, opinions and analyses.
Please feel free to send more guidance this way on the best options.
Thanks very much.
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You make very good points.
Actually a lot of folks who are beyond 6 years are themselves to blame to some extent. We did not realize that its a long process and the sooner you start the better it is.
Here's the deal. The GC process takes 4 years on average if you are from India/China. Some ppl get it it in 3 years. Some get it in 5 years. The systems is built in a way that it has to take at least 3 years. Back when labor processing used to take 2 years (1yr state + 1yr federal), the rest took 1-2 years. Now labor is really fast and the dates are retrogressed.
So, now it will take 6 months to get labor and then 2+ years of waiting for dates to become current then processing for 1 year. So about 4 years.
Off course some of us got the short end of the stick when cases got shipped to BEC's and labor took 4 instead of 2 years. and then some people are stuck in retrogression after getting out of BEC's. Its all about knowing the entire game before getting into it. I kick myself for not starting the process sooner.
So, your options are 1) Labor subs 2) Go to India and come back as L1 3) Fight the system 4) Do nothing and wait.
look I have been here for 10 years and I kick my self everyday for not getting card, if I played my cards right I should have been worrying about citizenship now :)
many of are here for good reasons of our own deed and situations which are beyound our control, 9/11, immigration politics etc. the best way to get around this either to follow some lope hole such as labor subst, L1 etc, or fight the system thru IV, or just simply wait,
complaining that someone else is getting greencard is nothing but childesh and I hate to say this as it comes from a "Highly educated" guy like who did is MS from US :D
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My company paid me oneway air tkt back to india. I own a house. Can I ask them to buy my home ???? :D
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1. You just need the receipts to travel not the Ap approval perse.
2. If your H1B petition is still valid, you are OK, if you notice the botton part of your petition is your original I94, so you are covered with that.
Petition does not help if you don't have a visa and one wants to travel, Visa is for entry and I94 is for staying in country
3. according to my attorney CIS will take 45 days for the RD to deliver the I797 notice to you home, so if you applied the last days of July, by the 3rd week of September you will receive the I797 notice.
As note my attorney was president of the AILA last year and her husband work in the CIS, so some how the info is trustable.
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Check this out!
Some Observations from DOS on India EB-2 Unavailability
Cite as "AILA InfoNet Doc. No. 08011461 (posted Jan. 14, 2008)"
On January 10, 2007, AILA Liaison contacted Charlie Oppenheim, Chief of Immigrant Visa Control and Reporting at the State Department, to speak about the announcement of India EB-2 visa unavailability in the February 2008 Visa Bulletin. By early November, indications were that USCIS demand for India EB-2 visa numbers would place significant pressure on the overall annual limitation, leading to the decision to roll back the priority date for India EB-2 for December 2007 to 01JAN02, and for January 2008 to 01JAN00. Even with those significant retrogressions, USCIS requested almost 300 India EB-2 for December. (As an indication of the rate of demand and how close to the quarterly and annual limits usage is, the USCIS requested three India EB-2 numbers for January, all with dates prior to 01 JAN 00.) There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year.
For China-mainland born EB-2, if demand remains as has been seen over the last couple of months, it is expected that the 01 JAN 03 cut-off date will hold, and it is likely that all numbers will be used within the current cut-off date.
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Has anyone noticed, the german and scandinavian airlines (to which my experience is limited) don't seem to follow any kind of boarding order .. they simply allow everyone to board the plane simultaneously which naturally leads to pandemonium.
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To Admin: Please start seperate thread for each consulate, where people can share their experiences and ask specific questions.
Now coming back to my question. My labor is approved and I-140 is pending.
I have declared that my employer is applying for my GC.
Should i carry documents proving that my I-140 is pending and that labor is approved?
My 6th year H1-B will be expiring in Aug 31 2007 and i have valid I-797 approved upto that date. I know i can get 3 years extension anytime with approved I-140 or atleast 1 year H1-B extension.
Will that be a problem at all? I am asking this because, the numbe rof months for which stamping will be valid will be just few months.
Thanks again for wonderful answers.
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I never thought registering on IV is a an issue. I see close to 50K registered users on IV, I have not come across anyone who had any issues for registering with IV.
I applied H1B transfer(Normal process) also in October 2008 to other company . This one is still pending.
I am very much tense about my status. Please suggest me what to do?
Is it better to answer to RFE for first company?
Can I do PP with second company? or else any better thing?