waitnwatch
06-09 01:27 AM
All,
I have been a passive follower on IV for few weeks now. I read the news clippings that people had posted where there was some Gautam Aggarwal who felt the point system was good. I see a press release from him that I saw floating around some mailing list.
Quite honestly even though lots of us disagree with him, he does make a very valid point. IV should consider clubbing US educated people such that 2 separate quotas can be created. Instead of banishing him as an elitist look at his point he is making by just marketing how the country is using the educated. Using a well respected university name is no different than talking about how we legals pay taxes etc. Just because we are educated and better of that the illegals as an argument is no less than elitism in that sense. I happened to go through gautamagg's post after the Guitrezz rally - read his message again sans tone. He makes a point. This CIR bill could have been good for us if we approached it positively looking at US educated people as a group too. Also his statement on the AP report about MPS being good is not totally incorrect in an environment where both EB and MPS may exist - if we can get that i.e. EB and MPS keeps both sides happy and we should fight for that. I emailed gautamagg and he did mention that the AP report cut out that part of his statement and told me to verify that with the reporter if I wished to. I think we guys need to be less passionate before we throw stones at others. IV is definitely doing a great job but people should share opinions openly on strategy - we are all humans and we may have missed an important aspect at IV - most IV folks seem to be non-US educated consultants and therefore disagree with Gautam. We really are 2 diff groups who want the same result with better partnership. My 2 cents. His press release:
For Immediate Press Release: May 28, 2007
“Grand Bargain” Immigration Bill creates issues for International Students in Economics, Finance and Business
Mountain View, CA – May 28, 2007 – The US Senate is actively debating the proposed “Bi-partisan Grand Bargain” Immigration Reform bill. While the bill does have many provisions to attract educated people from outside the US, it also creates restrictions for people with an economics/ finance background.
One of the proposals is to introduce an additional visa category for people coming to the US for graduate study. Though the proposed F-4 visa category is welcome by the international students’ community, it is unfavorable for people with a non-technical background or for people with a technical background who would like to gain additional skills outside of technology to be successful entrepreneurs. The proposed category, called the F-4 students visa, allows international students two major provisions that the existing student visa, the F-1, is restrictive in:
1. F-4 students do not have to prove a non-immigration intent. Unlike F-1 visa applicants, students coming on an F-4 visa will have the ability to have a “dual intent” at the time of applying for their visa, while entering the Unites States, or while maintaining their F-4 status in the US. Such students can have a pending Green Card (GC) application or can apply for one while on F-4 status. This is in contrast to the existing F-1 category in which a previous or current intent to immigrate to the United States negatively impacts a persons ability to obtain an F-1 visa.
2. Under the F-4 visa, instead of 12-months the students will have up to 24-months of Optional Practical Training (OPT) available after graduation. The larger time window will help students evaluate employment options while staying agnostic of visa issues.
The bill restricts the F-4 visa to people who would attend advanced degrees in the fields of Science, Technology, Engineering, and Mathematics (STEM). Such limitation to STEM alone would negatively impact the inflow of international students to other graduate programs such as Finance, Economics, and Business. In today’s dynamic global economies, technology and business work together. Over a third of the MBA class in top US schools such as Wharton, Stanford, Harvard, and Cornell comes from a technology background. Restricting these provisions to STEM degrees alone will result in a severe shortage of highly skilled international students coming to the US for an MBA due to an advantage the STEM degree holders will have over them. This will impede the abilities of many “technologists” to obtain business and finance education and will reverse the positive trend in places such as the Silicon Valley where many engineers turn into successful entrepreneurs creating wealth and job opportunities for many Americans and add to America’s competitive edge.
While the Senate has shown foresight by introducing the F-4 visa that helps in retaining people with advanced education from the US, it remains a very myopic solution to the problem it intends to address. Next week, the Senate comes back from recess to discuss amendments to this bill, this press release appeals to the Senate to consider enhancing the provisions of the F-4 as well.
Note: Hundreds of people are affected by this already. With a Masters in Computer Science from Cornell University, 7-years of technology experience in the Silicon Valley, and after paying over $ 150,000 in taxes, Gautam, issuer of this Press release, may be unable to join his MBA class at The Wharton School this year. Because he had once started his Green Card process and established an “intent to immigrate”, it is difficult for him to reverse the process and obtain a students visa. Over 3-4 years of processing wait times has resulted in many people such as him to give-up their applications in lieu of additional education. But, their past intent looms over their very uncertain future: 22 of them have connected with each other and pray that their Indian Gods stay happy with them on the day of their student-visa interviews in India and that reason and common sense prevail.
###
Contact:
Gautam Aggarwal
gautam.aggarwal@gmail.com
I would beg to differ on the issue of a Merit Based System being good for us and I have a US Ph.D in a STEM field with over 5 years of post degree experience.
I have calculated that a Masters in Computer Science with 5 years experience will get more points than a Ph.D in say Civil Engineering because of two reasons (1) Computer Science is a high demand field and Civil Engineering is not. (2) A Ph.D may take around 6-7 years to get and by the time this Ph.D gets 5 years experience he may be touching 40 and not even getting the points allotted to those under 40.
If you are a professor in Civil Engineering from India or China and even have tenure there is a big chance that you would not get a green card given that there will be a 10% country limit.
Wouldn't you think that such a system would be seriously flawed or do you think that Gautam is correct I am myopic.
IV may have a predominance of non US bachelors in its membership but most of its core have US degrees. So if you look at what IV backs you would find that even though they cannot fit in every individuals tailored requirements they very well realize what is for the greater good.
I have been a passive follower on IV for few weeks now. I read the news clippings that people had posted where there was some Gautam Aggarwal who felt the point system was good. I see a press release from him that I saw floating around some mailing list.
Quite honestly even though lots of us disagree with him, he does make a very valid point. IV should consider clubbing US educated people such that 2 separate quotas can be created. Instead of banishing him as an elitist look at his point he is making by just marketing how the country is using the educated. Using a well respected university name is no different than talking about how we legals pay taxes etc. Just because we are educated and better of that the illegals as an argument is no less than elitism in that sense. I happened to go through gautamagg's post after the Guitrezz rally - read his message again sans tone. He makes a point. This CIR bill could have been good for us if we approached it positively looking at US educated people as a group too. Also his statement on the AP report about MPS being good is not totally incorrect in an environment where both EB and MPS may exist - if we can get that i.e. EB and MPS keeps both sides happy and we should fight for that. I emailed gautamagg and he did mention that the AP report cut out that part of his statement and told me to verify that with the reporter if I wished to. I think we guys need to be less passionate before we throw stones at others. IV is definitely doing a great job but people should share opinions openly on strategy - we are all humans and we may have missed an important aspect at IV - most IV folks seem to be non-US educated consultants and therefore disagree with Gautam. We really are 2 diff groups who want the same result with better partnership. My 2 cents. His press release:
For Immediate Press Release: May 28, 2007
“Grand Bargain” Immigration Bill creates issues for International Students in Economics, Finance and Business
Mountain View, CA – May 28, 2007 – The US Senate is actively debating the proposed “Bi-partisan Grand Bargain” Immigration Reform bill. While the bill does have many provisions to attract educated people from outside the US, it also creates restrictions for people with an economics/ finance background.
One of the proposals is to introduce an additional visa category for people coming to the US for graduate study. Though the proposed F-4 visa category is welcome by the international students’ community, it is unfavorable for people with a non-technical background or for people with a technical background who would like to gain additional skills outside of technology to be successful entrepreneurs. The proposed category, called the F-4 students visa, allows international students two major provisions that the existing student visa, the F-1, is restrictive in:
1. F-4 students do not have to prove a non-immigration intent. Unlike F-1 visa applicants, students coming on an F-4 visa will have the ability to have a “dual intent” at the time of applying for their visa, while entering the Unites States, or while maintaining their F-4 status in the US. Such students can have a pending Green Card (GC) application or can apply for one while on F-4 status. This is in contrast to the existing F-1 category in which a previous or current intent to immigrate to the United States negatively impacts a persons ability to obtain an F-1 visa.
2. Under the F-4 visa, instead of 12-months the students will have up to 24-months of Optional Practical Training (OPT) available after graduation. The larger time window will help students evaluate employment options while staying agnostic of visa issues.
The bill restricts the F-4 visa to people who would attend advanced degrees in the fields of Science, Technology, Engineering, and Mathematics (STEM). Such limitation to STEM alone would negatively impact the inflow of international students to other graduate programs such as Finance, Economics, and Business. In today’s dynamic global economies, technology and business work together. Over a third of the MBA class in top US schools such as Wharton, Stanford, Harvard, and Cornell comes from a technology background. Restricting these provisions to STEM degrees alone will result in a severe shortage of highly skilled international students coming to the US for an MBA due to an advantage the STEM degree holders will have over them. This will impede the abilities of many “technologists” to obtain business and finance education and will reverse the positive trend in places such as the Silicon Valley where many engineers turn into successful entrepreneurs creating wealth and job opportunities for many Americans and add to America’s competitive edge.
While the Senate has shown foresight by introducing the F-4 visa that helps in retaining people with advanced education from the US, it remains a very myopic solution to the problem it intends to address. Next week, the Senate comes back from recess to discuss amendments to this bill, this press release appeals to the Senate to consider enhancing the provisions of the F-4 as well.
Note: Hundreds of people are affected by this already. With a Masters in Computer Science from Cornell University, 7-years of technology experience in the Silicon Valley, and after paying over $ 150,000 in taxes, Gautam, issuer of this Press release, may be unable to join his MBA class at The Wharton School this year. Because he had once started his Green Card process and established an “intent to immigrate”, it is difficult for him to reverse the process and obtain a students visa. Over 3-4 years of processing wait times has resulted in many people such as him to give-up their applications in lieu of additional education. But, their past intent looms over their very uncertain future: 22 of them have connected with each other and pray that their Indian Gods stay happy with them on the day of their student-visa interviews in India and that reason and common sense prevail.
###
Contact:
Gautam Aggarwal
gautam.aggarwal@gmail.com
I would beg to differ on the issue of a Merit Based System being good for us and I have a US Ph.D in a STEM field with over 5 years of post degree experience.
I have calculated that a Masters in Computer Science with 5 years experience will get more points than a Ph.D in say Civil Engineering because of two reasons (1) Computer Science is a high demand field and Civil Engineering is not. (2) A Ph.D may take around 6-7 years to get and by the time this Ph.D gets 5 years experience he may be touching 40 and not even getting the points allotted to those under 40.
If you are a professor in Civil Engineering from India or China and even have tenure there is a big chance that you would not get a green card given that there will be a 10% country limit.
Wouldn't you think that such a system would be seriously flawed or do you think that Gautam is correct I am myopic.
IV may have a predominance of non US bachelors in its membership but most of its core have US degrees. So if you look at what IV backs you would find that even though they cannot fit in every individuals tailored requirements they very well realize what is for the greater good.
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tikka
07-06 11:19 AM
http://digg.com/politics/Reversal_Frustrates_Green_Card_Applicants
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer
http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/USCIS_Visa_scandal
GTGC
09-19 09:03 PM
My wife and I got involved with IV activities/volunteering about 2 months before the rally....and we are very glad we did!
Its been a very rewarding and learning experience....after meeting with the lawmakers- it has fortified our belief in IV and renewed our enthusiasm about the process. After reading Logiclife's post I am convinced that active participation is the key to achieving success!
We plan on continuing our efforts - turning sceptics into believers - it is especially needed in the DC/VA/MD!
Cheers!!
Its been a very rewarding and learning experience....after meeting with the lawmakers- it has fortified our belief in IV and renewed our enthusiasm about the process. After reading Logiclife's post I am convinced that active participation is the key to achieving success!
We plan on continuing our efforts - turning sceptics into believers - it is especially needed in the DC/VA/MD!
Cheers!!
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javadeveloper
10-29 11:03 AM
I sent the following documents for AP E-Filing
2 Passport Photos
Do we need to write A# on back of the Passport Photos??? I missed to write.
2 Passport Photos
Do we need to write A# on back of the Passport Photos??? I missed to write.
more...
BornConfused
07-03 03:15 PM
Thanks BornConfused. Does this mean that we might get our GC approved between now and September 30, 2007 because the visa numbers have been allotted to us?
I will wait for your update. Thanks again.
According to the first guy I talked to, one has already been assigned upon the start of processing of the case.
I just called again and the lady was completely clueless about the whole July 2 fiasco. I will try again in another hour and hopefully I won't get the village idiot again.
For anyone interested in calling themselves here is the info: 1-800-375-5283 options 1, 2, 3 (and possibly 6 after that-I can't remember).
I will wait for your update. Thanks again.
According to the first guy I talked to, one has already been assigned upon the start of processing of the case.
I just called again and the lady was completely clueless about the whole July 2 fiasco. I will try again in another hour and hopefully I won't get the village idiot again.
For anyone interested in calling themselves here is the info: 1-800-375-5283 options 1, 2, 3 (and possibly 6 after that-I can't remember).
Totoro
05-13 05:10 PM
I just got off the phone with some lawyers on this. It looks like a strong case so far. They will be discussing it with their director and possibly getting some other law firms or organizations involved. That is all I can say for now. I will update you when I know more.
more...
hebbar77
04-16 06:35 PM
I guess irrespective of which loc u get services from, they are louzy people. I had terrible experience with them. They take their own time to do anything(all counted in months). If you dont keep checking what happened to ur petition, its highly likely that files went into some waste bin!
But this helps employers, as does slow emmigration processing.
Though we have number power, all of us are helpless when it comes to lawyers.
Beggars are not choosers!!
BTW Paul hastings has been RESEARCHING for PD substition for me for last 3-4 months. So it looks all lawfirms are as good as another!
But this helps employers, as does slow emmigration processing.
Though we have number power, all of us are helpless when it comes to lawyers.
Beggars are not choosers!!
BTW Paul hastings has been RESEARCHING for PD substition for me for last 3-4 months. So it looks all lawfirms are as good as another!
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a1b2c3
01-13 02:02 PM
Is there a way I can ask my new employer if they can file new I140 under EB2 and change my category to EB2?
Does someone has answer for this?
If your job profile demands seniority (which it must be - going by your EB3-2003 PD), you are better off refiling under EB2, instead of *just* (read just) spending couple of thousands on IV campaigns and beating up on people who are not contributing as much you have done to IV. That is not to say we stop contributing for the general cause. Don't misunderstand and start flaming at me, won't do any good.
I have not done this myself with the same employer, I changed my employer for a senior job position and I had also acquired a masters degree in comp engg from a reputed university before I became eligibile for EB2. But as a fellow IVian, who understands the EB3-I issue, I would surely advocate this not only to you but to all other EB3's with older PDs.
Does someone has answer for this?
If your job profile demands seniority (which it must be - going by your EB3-2003 PD), you are better off refiling under EB2, instead of *just* (read just) spending couple of thousands on IV campaigns and beating up on people who are not contributing as much you have done to IV. That is not to say we stop contributing for the general cause. Don't misunderstand and start flaming at me, won't do any good.
I have not done this myself with the same employer, I changed my employer for a senior job position and I had also acquired a masters degree in comp engg from a reputed university before I became eligibile for EB2. But as a fellow IVian, who understands the EB3-I issue, I would surely advocate this not only to you but to all other EB3's with older PDs.
more...
gapala
03-20 07:06 PM
never worked for "employer x" after H1 transfer, perhaps you are out of status. What is your lawyer saying? You never transferred H1 back to emplyer#2?
I do not think this is the case with OP, given that I quote, Employer X offiered me a job and sponsored my H1B and got it approved too". I guess this is a new H1B filing rather than a transfer from Employer #2 to Employer X. if this is a transfer, OP is in trouble as you suggested and the employment from transfer approval date till now will be considered "unauthorized work".
could you confirm whether Employer X thing is a transfer or fresh filing?
I do not think this is the case with OP, given that I quote, Employer X offiered me a job and sponsored my H1B and got it approved too". I guess this is a new H1B filing rather than a transfer from Employer #2 to Employer X. if this is a transfer, OP is in trouble as you suggested and the employment from transfer approval date till now will be considered "unauthorized work".
could you confirm whether Employer X thing is a transfer or fresh filing?
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JunRN
09-12 09:53 AM
USCIS is under DHS. DHS is under the President. The President has a lot to do with immigrants. He can tell DHS to make some administrative fixes to the immigration system.
Don't downplay the role of the President when it comes to immigration.
Don't downplay the role of the President when it comes to immigration.
more...
number30
04-22 06:19 PM
This is a different employer, so I am assuming it is new H1. If I remember correctly from my past research, H1 is always NEW when you file it with different employer, but I am not 100% sure....
thanks.
It is just semantics
It is New H1 with Transfer of I-94. It has been shortened into H1 Transfer to separate it from 65000 per year Quota.
If someone gets the H1 approval without I-94 they call it H1 is approved but transfer denied. They will have go out of the country and come back to get I-94.
When someone doing the Transfer they put it as new H1. Then they will say whether it is coming from yearly quota or not.
thanks.
It is just semantics
It is New H1 with Transfer of I-94. It has been shortened into H1 Transfer to separate it from 65000 per year Quota.
If someone gets the H1 approval without I-94 they call it H1 is approved but transfer denied. They will have go out of the country and come back to get I-94.
When someone doing the Transfer they put it as new H1. Then they will say whether it is coming from yearly quota or not.
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TeddyKoochu
09-30 12:16 PM
I had a good experience with AI when I travelled with them. Flight was near empty, everybody had 3 - 4 seats to sleep on in economy class. Service was ok. Now they offer non stop flights at a great price, I would seriously consider them, overall well worth the price.
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jchan
02-13 02:50 PM
What regulatory or legislative changes (including a possible pre-application filing procedure for adjustment cases) are recommended to facilitate caseload planning and make optimum use of U.S. Citizenship and Immigration Services adjudication capacity?
By the way, we will have minimum participation for this as most of guys/gals in this forum are on EAD(you will know this when you see amount of questions answered for someone EAD and all H1B related questions are usually buried under within an hour or so)...
Indeed it seems very few people are interested as most member may have their 485 submitted already. EB immigrants are a small minority of this country, yet we are only a small portion of this small minority. It is a sad fact, but it should not stop us from fighting..
By the way, we will have minimum participation for this as most of guys/gals in this forum are on EAD(you will know this when you see amount of questions answered for someone EAD and all H1B related questions are usually buried under within an hour or so)...
Indeed it seems very few people are interested as most member may have their 485 submitted already. EB immigrants are a small minority of this country, yet we are only a small portion of this small minority. It is a sad fact, but it should not stop us from fighting..
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santb1975
04-26 01:04 AM
Walking_Dude - you are an inspiration
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Pandi
05-17 02:05 PM
I have sent the email to my local senators :)
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waitnwatch
06-09 12:48 PM
Politics makes strange bedfellows and while anti-immigrants band together they donot have any additional support from other groups (I maybe wrong and IEEE and Programmers guild may be joining them). On the other hand we do have support from industry even though they primarily support H1B increase. Suffice it to say that we play a very important part because we are the grassroots part of the whole industry lobbying machine where the industry lobbyist can show that the affected parties are in support of what they are saying.
more...
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pappu
04-25 07:10 PM
Contributed $50 and signed for recurring $50 monthly..
Id#1CV97229BB433093Y
Come on IV..keep going..
Pappu,
Why don't you put this thread on the main announcements page with a heading 'Recapture-Fund drive'?
Just a suggestion..
Thanks. It has now been added on the homepage.
Id#1CV97229BB433093Y
Come on IV..keep going..
Pappu,
Why don't you put this thread on the main announcements page with a heading 'Recapture-Fund drive'?
Just a suggestion..
Thanks. It has now been added on the homepage.
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NolaIndian32
04-30 10:17 PM
Made a contribution of $ 50 through Paypal. Transaction ID #6V413987X23016332. Third contribution to-date.
Thanks for yuor contribution gnlbigte
This brings us to $8086!!
Thanks for yuor contribution gnlbigte
This brings us to $8086!!
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mohican
01-02 12:50 AM
I have made similar post on another thread on IV--so this is a repeat:
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
The key is revocation vs. substitution. Per discussions with immi attorneys, AC21 portability is not explicit on what needs to be done if I140 is substituted by previous employer and NOT REVOKED, and the applicant is eligible for changing jobs (same desc and 180 days pending). The fact is that this loophole leads to illogical scenario--2 applicants taking benefit from same I140.
Question to you and other forum members: Is there a thread on this specific topic?
My situation:
I485 denied on Oct 24th 2008. I did not get the letter and realized only when I checked on the USCIS website. My attorney also did not get the letter of denial or even the NOID.
I changed jobs in June 2006 by invoking AC21 (Priority Date - Oct 2002, I140 and I485 filed concurrently, I140 approved in Feb 2005).
The fact is that on all forums there is talk about revocation by previous employer. However please note that approved I140 could either be revoked or substituted. While those AC21 memos talk about revoked I140, the law is not clear when previous employer substitutes the approved I140. I know the substitution process is no longer legal since June 2007, however, it has been abused in the past. My questions to forum members:
1. Is any one in similar situation?
2. I have H1B only until June 2009 and EAD unitil Sep 2009, Can I work until then (Jun or Sept) assuming MTR is resolved in 2 months (per some optimistic posts on IV). I am working on EAD.
3. If my employer were to file a new PERM labor application--can I port my previous priority date? How soon is PERM labor in EB2 category getting approved.
Mohican
maddipati1
06-25 08:20 PM
i am pretty sure, there wont be any fee for next 1 year, for the guys who got 1yr EAD. but, third year u pay again $340 for 2 more years. bottomline,$340 is for 2 years of EAD. otherwise there will another law suit from AILA.
i think the reason for super-quick approval is not that they want milk more money. they must have approved ur EAD before USCIS released formal 2 yr EAD notification. and not many people filed for renewal at that time, due to 120 days rule.
i myself delayed, filing EAD renewal, soon as i heard the news about 2 yr EAD will be effective from Jun30th. :-)
similary, i converted my Apr'07 I-140 to PP on Jun18th,'07 and got it approved on Jun26th,'07, few days before they stopped PP :-)
take it easy guys..
i think the reason for super-quick approval is not that they want milk more money. they must have approved ur EAD before USCIS released formal 2 yr EAD notification. and not many people filed for renewal at that time, due to 120 days rule.
i myself delayed, filing EAD renewal, soon as i heard the news about 2 yr EAD will be effective from Jun30th. :-)
similary, i converted my Apr'07 I-140 to PP on Jun18th,'07 and got it approved on Jun26th,'07, few days before they stopped PP :-)
take it easy guys..
gsmishra
07-23 02:13 PM
I read somewhere they ask you wait 15 days before calling for receipt number.
So i am thinking of calling them on 27-Jul.
So i am thinking of calling them on 27-Jul.
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