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  • chanduv23
    01-06 09:52 AM
    Just say "All izz well" and watch out for the bulletin :)





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  • n2b
    08-02 09:35 AM
    if you can convince the current employer not to revoke the 140 (at least for the next 180 days).


    Is this true? If the employer agrees to not invoke I140 for next 180 days, I can start working for another company tomorrow without affecting my 485 application?

    Wouldn't you need to show paystubs or something, for 180 days, for the company that filed your I485?

    Thank you!!





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  • nashim
    07-28 09:35 AM
    If you don�t want to go out of USA then you can apply for change of status to change from L1b to H1 or you can go out of USA and get H1b stamping done.





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  • vgayalu
    06-19 09:53 PM
    I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.


    I wish same. But it is 200% not possible. We are getting lot of Labour approvals from BEC's . If P.D dates stays as 2003 Jan it is great.
    I think there is much possibility for more retrogression. It may go back upto 2002 Jan for EB2 also.

    vgayalu



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  • GCSOON-Ihope
    12-14 02:48 PM
    Hi,

    I am trying to e-file AP renewals by myself instead of using my expensive Attorney. I have a question. If you have successfully e-filed, can you please clarify ?


    1)My wife was originally admitted into the US as H-4. But now after entering US on H4 and staying on h-4 for about 6 months she used her EAD to work. Her H4 visa was renewed and is still valid even though our Visa stamping on the passport has expired. So what should her class of admission be ? Should I write H4 or EAD ? AP form asks for class of admission.


    2)If filing for both self and wife, should this be mailed in two different packets or one packet , two different envelopes ?


    ______________________________


    If you are e-filing, by definition you won't need to mail anything (or almost, see below)!
    I applied on-line for both EAD and AP, and it's really very simple.
    You certainly don't need to pay those ridiculous fees to an attorney for that!
    After e-filing, I received two weeks later in the mail a request to send ID pictures. That's the only thing I had to mail.





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  • a_yaja
    03-18 04:35 PM
    I-765 Employment Authorization Note: is eligibility req (c)(9) correct on line 16?
    [/LIST]


    This is the wrong forum for you to ask this question. However, I know that (c)(9) is not correct on line 16 for your wife's case. (c)(9) is only for Employment Based GC applicants.



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  • rick_rajvanshi
    12-07 12:06 PM
    I won't worry about this at all as they have addressed this situation few weeks back here :

    http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5e0bc5afdc095110VgnVCM1000004718190aRCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD

    Moreover , I have found it easier to get hold of IO ( call center guy quickly handovers calls to IO ) when I call them to check for status on a my AP which is not appearing on the CaseStatus web site.




    Q : I have received my receipt notice, but when I check my case online it does not appear. How do I get my case added to the system, so I can check on the progress of my case? NEW



    We have had an unprecedented number of applications filed in the last few months. Our efforts to enter these applications into our systems have caused a delay in the transfer of information from our case control system to the Case Status Online system. We are seeing delays of up to three to four weeks between receipting of your application and its status being available online. We are reviewing solutions to resolve the situation as soon as possible.





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  • ssterian01
    07-05 01:33 PM
    Thanks a lot, prem_goel.
    I will probably have to change emplyers based on EAD and lose my H1B status and she will lose her H4. Before that, I intend to put her into ESL(English as a Second Language) school to get her an F1 visa so she can stay inside US until I get my I485 approved

    I read eveywhere and talked briefly to my lawyer about it and he had no objections and didn't raise any red flags so I assumed it would be fine to proceed with F1 plan.
    Now I have to give a second thought I guess. I will go to my lawyer and try to get all the answers.

    I understand the risks involved with me getting the I485 denied. I heard there are very low. Also, I read that adding F1 to I485 app is allowed and usual procedure, are you sure it might be rejected ? (my wife entered as H4 in the country, then will go on F1). I know there is always a chance to get denied.

    How big would the combined risks be to get screwed here (wither 485 denied or F1 spouse not added on I485)? Like very low, low, medium or likely ? :)

    Thanks a bunch



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  • pointlesswait
    09-10 09:16 AM
    find another job..and restart ur GC..
    apply for perm...by the time it gets approved..u may be eligible for 140 premiuim..as per the new rule...

    but there is a catch...your labor shoudl be in process for atleast a year..for you to apply for H1 extension....hmmm...Gurus on this board may shed some light on it...

    i think you are cutting it tooo close..pal!



    Currently on H1B 8th year extension which will expire on 25th June, 2009.

    Labor PD: 9th August, 2004
    Labor cleared: 11th September, 2007.
    I-140 (approval pending) filed on 4th October, 2007. Received at USCIS on 5th October, 2007.
    Can�t file for I-485 since the EB3 date for India is unavailable.

    There is a high chance that I might be laid off at my current employer in the next 2-3 weeks.

    Can I transfer my H-1 upto June 25th, 2009 (or later) as well as start a new PERM case in EB2 category?

    In case of the above H-1 transfer, will the new H-1 be valid for 1 year from the filing or will it be upto 25th June, 2009?

    What are my other options not to go out of status or leave the country?





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  • gctest
    10-04 03:52 PM
    finally approved... got magic emails this morning :D:D

    How does one go about canceling the pending EB2-NIW i-485 (possibly get the money back... will be glad to donate it all to IV :D:D)



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  • waiting_4_gc
    03-29 11:35 PM
    I also got the same mail and I sent the letter to my company attorney who responded.
    Please attach both the EB3 and EB2 I-140 approval notices, EVL from current employer which matches or similar to the one specified when you filed your EB2 labor. Also attach the latest paystubs.

    EB3 Priority Date : Oct 2003
    EB2 Priority Date: Mar 2006
    I485 Filed - July 31,2007
    2 EAD's
    3 AP's
    I 485 Approval Notice email - 26 Mar 2010

    Thanks for responding to my query. Your case looks pretty much similar to mine but not sure if EB2 and EB3 were from same or different companies.

    How long did USCIS take to adjudicate your case after responding to the RFE?

    Thanks again!





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  • payur
    03-10 07:37 AM
    I guess I should agree with Jerrome because I am going to India 2 weeks from now and My friend who recently had been to India mentioned the same. I have asked the same question to my immigration lawyer, I will post it when I get a reply.

    In mean time I have another question, My flight is from Chicago to Delhi, but I have to take a loacl flight from Miami to Chicago, all my international baggage check in's are at the Miami. My question here is should I surrender the I-94 at Miami since I am doing all my International baggage check in's or should it be in Chicago.

    Please let me know if anybody had this situation.

    -Success.



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  • noboundaries78
    10-09 06:55 PM
    I am not a lawyer, but this is what I can tell (as far as I know):

    1. You will get 3 yrs extension of H1B for company B as long as your 140 is not revoked by employer A at the time of adjudication of H1B AND your PD is retrogressed.

    2. If company A revokes 140 AFTER your H1B with company B is approved, this will not affect your H visa/status. what I dont know is: will this create any problems in getting a VISA stamped at the consulate in future or not.

    3. Once your 140 is approved, PD is urs. No matter what happens to the original I 140, as long as you save a copy of approval notice, you can port the PD any time in future.

    4. As you have not filed 485 yet, you are not eligible for AC21. So, once you go to company B (and company A is not ready to co-operate and/or revokes 140); you will have to start your GC process from scratch (new PERM and new 140). However, PD will be urs forever!

    Good Luck.

    I just went through a job change with an approved I-140 and can tell you that whatever kodur_007 has stated is true from personal experience.

    Its a rather big pain though but that's the fate of an immigrant(specially I or C) in the US.





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  • SeanDell
    05-29 05:26 PM
    Thanks for your reply Morchu. I want to have some further clarification here:

    1. Yes. Most countries need 6 months validity on passport from the date of entry. Some countries are exempt from this rule.
    The US Embassy has this pre-requiste of 6 months validity when applying for US Visa but I have no knowledge of any document mentioning this 6 months validity requirement at the US POE. Can you please point me to some source?

    2. Usually you keep the same I94.
    3. Not necessarily. But be prepared to answer questions. If you are unable to prove your intention to be permanently residing in US, upon US GC, that can be an issue.
    How to prove this intention? Aren't proper H1B Documents, Employer Letter/ working in US enough to prove this intention? My question is as I will be using H1B documents to renter US at POE (not I-485 related documents i.e. Advance Parole), can that still be a problem?


    Basically you have to claim that you have proper intentions now, and at the time of applications of canadian PR and US GC. Also you have to claim that you plan to reside in US permanently if you receive US GC.



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  • DDD
    11-07 03:58 PM
    Instead of a ps7 section...I think we could do a imaging section or something generic....Because I know some cool tricks with fireworks mx and PSP7........Do people still use paint shop pro....I know i do

    Oh mdipi if you use this technique....I would blur the image allot higher than you did in your example....Because I can tell it is a sunset.....unless that is what you wanted. It works better when u cannot tell what it was.:cowboy:





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  • johnmcdonald98
    08-16 06:04 PM
    all the best with your wife's SSN application. My wife got her EAD 2 months ago and next day only we applied for SSN. Still waiting to get one. We called them after 4 weeks of application and they say they are waiting from USCIS to respond with the legal status (confirming EAD) to issue this number. So after 2 months still status is same.
    I asked them if there is anything we could do, answer is none.
    Can i speak with your supervisor to get more info, answer is same.

    According to the EAD, she can work. She has TIN number, but I am not sure if she can use that...



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  • SAPGURU
    01-04 08:43 AM
    Dear friends,

    I need a urgent advice from you. I have two labor certificate one is EB3 with priority date April 04 and other is EB2 with priority date April 06.My employer has already filed my I140 using eb3 labor, and since my EB2 labor got approved after 9 months my employer is asking me to make a choice .Either EB2 or EB3 . They are saying they can not file two I140 . In order to file new I140 with EB2 labor they need to revoke the EB3 140 . I don't know what choice to make and seek your valuable advice. Please help me as i have only 10 days to make a decision.





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  • coolvigo
    07-11 03:12 PM
    Just keep waiting. My PD was current for months now, but my 140 is still pending. just keep waiting.

    I think we can file for 485 even when I-140 is pending? We will get green card after 140 is approved but we can file for 485 and EAD ? Can anyone comment who has gone thru this process?





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  • lostinbeta
    10-24 12:19 PM
    Haha... I got there on the highwind.

    If you land at exactly the right spot.. you can land on the dock, get out and booyah... the scene is all yours.





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    10-11 03:06 PM
    yes its true





    sodh
    07-18 03:21 PM
    Hello guys,

    First of all thank you very much for your answers in advance.

    I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.

    I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.

    I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.

    So, here are my questions:

    Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?

    I am not planning to change my job. So, would my I-140 have an expiration date?

    Do you have any other suggestions? Thank you!
    Apply I-485 as soon as you are eligible to apply you never know when they change the rules, getting your wife here is in future, she can always educate herself and come to US on H-1 or any other visa just to accompany you, this is just a suggestion decision is yours.



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