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  • ASingh10
    07-25 10:08 AM
    Hi,

    I'm looking for some answers for my wife's visa issues. I'm on H1B (valid until 2010) and she is on OPT (Valid until Dec 20 2008. F-1 visa expired May 2008). My PERM labor is in process and we hope to file for I 140 and I 485 and EAD concurrently by September/ October 2008. My lawyer says that we can file concurrently because my wife's country of birth is in Europe.

    Now the questions:

    1. Is it okay for my wife to apply for EAD based in I 485 while on OPT with expired F-1 visa? Is there a requirement that wife has to be on H-4 to apply for EAD based on husband's GC application?

    2. Also read on some forums that Wife's F-1 OPT will be invalidated as soon as her I 485 application is recieved. Is this true?

    3. EAD approval takes 3-4 months on average. So if she doesn't recieve her EAD approval by December 2008 (Dec 20 2008 her OPT expires) she will be out of status. Should we apply for H-4 so that she doesn't become out-of-status?

    4. We expect that her EAD approval will come by Jan/ Feb 2009. There is a 2 month gap provision that foreign nationals sometimes use to change their status. Is it a safe bet to avoid getting her on H-4 and use the 2 month gap period?

    4. How much does applying for H-4 cost? I'm simply expecting a range of sorts.

    Thanks,

    A. Singh





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  • my2cents
    02-26 08:02 PM
    Best part will be

    - Convert into F1 just before 6 month or 1 year before she completes her study. U must pay for international fees ( if approval comes after semesteir start then for that semester u will pay in-state fee)

    - It will enable her to pursue opt and make a way for converting to H1B

    For OPT
    - at the time of filing she must be in F1
    - She should have full time student for 1 year ( not necessarily F1 for 1 year)

    I did the same thing for my wife.
    Thanks,





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  • tdasara
    02-08 08:58 AM
    L1A - Multinational managers
    L1b - specialized foreign worker on intracompany transfer.

    You again should be working overseas for your company to apply for this visa and to qualify for a GC you have to have documented proof that you worked 1 year overseas.

    Most of us work for US companies who do not have branches overseas!





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  • JazzByTheBay
    06-20 09:34 PM
    - Got wife's maiden name changed when I lost her passport... couple of years back. Recollect it took ~a week.

    - Present Indian immigration statuc: ECNR, etc. - check your password. It should be ECNR if you've travelled this far... :)

    - 16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)

    Don't recollect needing any of the above numbers.

    - In our case, it was new passport in lieu of lost passport.

    If you get in early (i.e. before they close for lunch, but preferably as soon as they open) they'll help you out with all that - generally nice & friendly folks in CGI.

    jazz

    Hi ,

    Iam here on h4visa. Iam also planning to apply for name change from maiden name to married name in my passport.Is it true that it takes 1week time for the process if u go in person?Have u got any idea how long would it take if it is by mail?

    And also i would want to ask some doubts in filling the application if u have already done this.None of them respond properly over phone from CGI.And by mail they are not answering appropriately.

    can u help me in these questions.

    16).Alien registration card number/Employment registration card number_____ (i dont have any of these numbers)

    21).Present indian immigration status *ECR/**ECNR_________ ? (what to write here)

    In the following question in the application form which option do i select for my maiden name change????????
    31).Is this application for the

    -first time passport
    -new passport in replacement to expired/expiring passport
    -lost passport
    -damaged passport

    Hope to get reply from u soon,
    vaishu



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  • lord_labaku
    12-17 02:13 PM
    2001 - dot com bubble burst;
    2008 - finance bubble burst;

    Our GC journeys have spanned 2 recessions and we could not even take advantage of the slight boom in the middle...how pathetic.





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  • Caliber
    05-08 09:49 AM
    I got EAD in 2 weeks from filing to receipt of cards in hand.

    USCIS has certainly improved a lot.



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  • ThinkTwice
    10-26 01:10 PM
    I am in the same boat...
    I saw LUDs yesterday and day before yesterday on my AP application..
    Hope they approve it soon.


    Well I saw the LUD change a couple of times last week but No change in status.... this is goddamn ridiculous, it has been more than four months and no AP yet, people are prisoners or what .. *Go@ Dam&^% !!!





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  • abracadabra
    07-06 11:13 AM
    http://www.washingtonpost.com/wp-dyn/content/discussion/2007/06/30/DI2007063000525.html
    Please post on the question on USCIS/DOS mess up, if there are enough people asking the same question then they migh answer it



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  • va_dude
    05-07 04:59 PM
    The online system has been inconsistent in the past too. So you can never really tell what's happening behind the scenes.





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  • vrbest
    03-23 10:59 AM
    Our deepest condolenses and sympathies to thier families. May their souls rest in peace.
    Please be safe and wear seatbelts always..



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  • coopheal
    01-01 01:46 PM
    dude couple reasons listed above, other reasons from the various posts on this topic.

    1) UCIS not applying law AC21 in 2006. This law allowed more than 7% visa to over subscribed countries.
    2) Too many labors comming from back log center. Thus UCIS guess latter in the year their will be more demand of EB2s.
    3) Lot of people have switched to EB2 from EB3
    4) The formal retrogression phenomenon started around 2003.

    Things which can fix this situation are:
    1) Law by US govt to add more visas this year.
    2) US govt force UCIS to apply AC21 and let Indians and Chinnesse use additional visas rightaway.





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  • nomi
    09-21 04:24 PM
    If you have master degree and you are from india then there is long long wait time.



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  • ramana_akp
    12-17 06:33 PM
    PD FEB 2003 EB3
    Service Center: NSC
    Application-type: I-140 Approved in May 2007
    Application1-485 Sent: June 27, 2007
    USCIS Receipt Date: July 3, 2007
    GOT FP,EAD's and AP's in Sep 2007
    USCIS Notice Date: NOV 28, 2007 We mailed you a decision
    USCIS Notice Date: Dec11 Mail returned undelivarable.





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  • shana04
    03-05 06:47 AM
    My I140 is approved, 180 days complete and looking to change jobs in May/June.
    I have another 2 months with the present client. I want to Use AC21 but not inform USCIS. Does filing G28 and changing lawyer trigger a notice to my present company lawyer?

    No



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  • pappu
    12-19 02:07 PM
    I thought that we should call one senator or(and) congressman every day.
    I guess IV core doesnt want to do it for some reason.
    We will use our community energies when it is needed and matters the most in the coming months. Pls. help us with other action items.





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  • corba
    05-19 03:19 PM
    My PD is

    March 2008. Labor approved on May 08 Eb3-I
    I-140 applied on June 2008
    Got RFE on april 2009
    Replied RFE on this week.



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  • jsb
    11-05 04:02 PM
    Thanks jsb....I didn't know this....But I think its still better if I wait for 140 approval...Then atleast one other uncertainty will be removed from my GC journey...Hopefully it would only take a month or two more than normal processing time for my 140...If it gets delayed further, then I might use it anyways..It's nice to know though that I have an option..Thanks again

    Yes. Note answer to Q 2. In case there is an RFE to sponsor of I-140, and there is no proper response, I-140 is denied, resulting in denial of I-485 too. I-140 has to be approved or approvable.

    Once mega data entry is done, there will be a lull on new filings for quite sometime, giving USCIS time to look at the cases. I don't know what is current I-140 processing time, but it is better to have it out of the way before you think of moving on.





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  • Berkeleybee
    03-27 02:36 PM
    Our Hard Quota Memo (in our Resources section) is now posted on the widely read Bender's Immigration Bulletin http://bibdaily.com/index.cgi

    Before we created this memo, this fact was not widely known and we are doing our best to get the word out.

    best,
    Berkeleybee





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  • SSSarkar
    06-23 09:23 AM
    My lawyer have said that I need to submit last year's tax return.

    Are you sure you have to submit the tax forms for filing I-485?





    go_guy123
    03-12 03:33 PM
    Surely we know each other then!! :)

    Compared to US, Software Engg position in India sucks a lot. It makes sense only if you are a manager in India. I know batchmates went to work in Texas Instruments in Bangalore and after a year or 2 later, got frustrated with the insfrastructure etc there.





    JunRN
    08-26 12:19 AM
    You got your receipts from TSC, right?



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