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  • pd_recapturing
    06-17 09:17 PM
    Hi guys, I have a unique situation, thanks to july visa bulletin. I have a EB3 labor and I 140 approved with the PD as May 2004. Recently I applied EB2 PERM in order to port the PD from EB3 to EB2. My EB2 perm is approved now. Now, I am in dilemma to choose between EB2 and EB3. I can apply EB2 I 140 and I 485 concurrently (by assuming that they will port the PD) or I can apply I485 (for previously approved EB3). Please suggest as to what route I should take.




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  • dg_247
    05-19 05:37 PM
    Thanks for quick reply.

    As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.

    Q.Till he gets a project what risk does he have to his status?
    Q.If he gets a project will everything be ok?

    Pls advise

    Thank you.




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  • Gravitation
    08-17 11:20 PM
    You are fine. Have no worry and have a good trip. Use your H1B to get back.




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  • agupta2683
    07-08 03:07 PM
    I'm trying to schedule an appointment for non-immigrant visa in August/September timeframe from last one week without any success. After filling the forms, and continuing further for checking the available dates, I get a message saying : " Interview appointments not currently available, please check back in 24 hours. "



    I would really appreciate if you can educate me of what I might be doing wrong.

    Thanks,

    Ashish



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  • qwerty14
    01-20 01:14 PM
    Thankyou.

    My main worry is that since I dont have a copy of the I-140 approval from old employer, Is there a way the new employer can ask USCIS to look up that case(I have a copy of the receipt)?




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  • ragz4u
    03-28 09:39 AM
    As most of us know, Senator Specter and the Judiciary Committee passed a bill last night. All the pro-immigrant legislation remained in there (which is a good thing)

    Senator Frist had threatened that he will bring his bill to the floor if the Senate Judiciary Committee does not do it. Since the bill passed the committee yesterday, most people assume that the Senate will debate Senator Specter's bill.

    WRONG!

    As per this news here http://www.boston.com/news/nation/washington/articles/2006/03/28/panel_acts_to_expand_immigrant_rights/?page=full

    Despite yesterday's vote, Senate majority leader Bill Frist warned that he may substitute his bill, which only enforces borders, and ask the full Senate to vote on it instead of the far broader and more lenient measure approved yesterday by the judiciary committee.

    In any event, a bruising battle on the Senate floor is expected this week. And even if the Senate approves the committee's bill, any measure that appears to provide ''amnesty" to those who are here illegally faces fierce opposition in the House, which in December passed a bill that would erect a fence along the Mexican border and make it a crime to provide social services to undocumented immigrants.

    And while President Bush is a strong supporter of a guest worker program, he has signaled hesitancy to allowing undocumented immigrants to gain legal status.

    Basically there is NO guarantee which bill comes to the floor. Please update this thread as you find more information about this



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  • guyfromsg
    07-18 11:59 PM
    What is the best possible solution to get around different place birth on Passport and BC. Any has affidavit format for such issue please share it.

    According to chat transcript from a lawyer's site some one had the same question. The answer is "USCIS does not care much about secondary document like passport and what's in the primary document like Birth certificate is important and matters". In other words they may not be comparing the passport and birth certificate for place of birth. Just my 2cents as I'm not a lawyer.

    Hope this helps.




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  • supers789
    05-22 04:34 PM
    Hi,

    I have PERM labor and i140 approved with current employer in EB2 category. The priority date is Nov. 2005. The problem is, since the project I am working on is near completion, its difficult for me to assume job secuirty after 1 year. hence I wanted to swicth the job right now and I have couple of years on H1B in hand so that I can get started with Green card at new company. My questions are -

    1. With new employer can I use the priority date of i140 approved with old employer. (I know that I will need to file PERM labor and i140 again).

    2. Is it true that I can use PD only if old employer does not revoke it. In that case is there a way for me to make sure old employer does not revoke it?

    3. Incase I could not file Green Card with new employer soon, can I get 3 years of H1B extensions with new employer, after my 6 years of H1B are over (since I have i140 approved with old employer)?

    I will really appreciate anyone can give me some brief guidance on this.

    Thanks.



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  • interfile
    08-19 04:07 PM
    Is it possible to convert or interfile an existing EB based I-485 application to FB based I-485?

    I have pending I-485 through an approved I-140 (EB). PD is not current. I recently got married and my spouse is a US Citizen. We are considering pursueing FB application. Reading through the forums I gather that my spouse has to file I-130 and I file for I-485. My question is regarding I-485.

    If I have to file for a new I-485, what happens to the existing one? Do I have to get new medical exam? Can I use existing AP, EAD or can I use EAD/AP that I currently have from my EB based application?

    If an interfiling is possible, when should this be done - concurrently along with I-130 filing or we have to wait till I-130 is approved? Also what is the procedure for "interfiling"?

    Which option is better?




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  • purgan
    04-27 08:22 AM
    i don't think disability is a bar especially if you're an employee and contributing since 98. Of course, there are some health related bars, but many of those relate to communicable dieases etc. The USCIS has publications on the medically-related bars, you should check on the USCIS website for more information (search for a form I-693)



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  • justice4all
    02-02 05:15 PM
    Hello,
    I am planning to apply F1 for my wife so that she can avail OPT after graduation to work full time. My I140 has already been approved and I haven't applied my I485 yet. Can I go ahead or there any complications? Lawyers / gurus , suggestions please !!




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  • wandmaker
    11-12 05:55 PM
    it is always recommended to file h1 extension. If your company is not willing to file for an extension, you will have to use EAD to work for them. Once you started using EAD, your non-immigrant status (h1) is invalidated. Hence , you can not apply for H4 extension for your spouse/dependants - they will be in "pending AOS" status, entire family needs to have AP to travel outside and enter USA.

    BTW, you will have file I-539, it is faily simple, goto USCIS site and download the forms.

    Hi ,

    My H1 expires next week and I am having my FP date 11/13.My company HR recommends that I don't need to go for the 8th year extension.They say that it is a kind of money and time waste to go for extensions.They say that it is good to work on EAD.But my question is what happens if there is a pro with I485?What do you guys recommend????
    Can you guys tell me the forms that have to be filled for H4 Extensions.I want to save the $$$that I have to pay for the attorney.

    Thanks



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  • sbmallik
    06-30 04:52 PM
    You did a good job by traveling out of the country and obtained a new I-94 based on the existing L-1 so that the H-1 status didn't kicked in. Yes, your L-1 can be extended for now as you still maintained L-1 status. Later if you decide to file an H-1 the best thing would be a change of status (L-1 to H-1) application.




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  • eucalyptus.mp
    02-18 08:11 PM
    I want to transfer my H1 , I got aproject . But I dont have Jan Paystub . I have upto Dec 2008. will it cause any problem for transfer



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  • needhelp!
    10-13 12:45 PM
    at 4..




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  • milind70
    09-27 08:01 AM
    Hi,

    I have applied for I-140,I-485 and I-765 on 16th of Aug'07,dint get the receipt yet. I would be leaving to India this month and would return only in Feb'08.
    My major concerns are:

    1. once I get the notice for FingerPrints, can I reschedule it to Feb'08.
    Is it advisable.

    OR

    2. Do I have an option of getting my FingerPrint done at any consulate in India.

    Any help would be appreciated.

    Thanks


    Option 1
    I am not sure that you would be allowed to do finger printing at American consulate in India.



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  • micofrost
    07-24 04:12 PM
    I entered US last december 2007 with a visitors visa,allowed me to stay for 6 mos.,last march 2008 I married my fiance who has a H1b visa and is working right now here in the US and last May 2008 I Applied for a change of status from visitors to H4 dependent..Until now the case is pending but right now we had a family crisis back home and I have to go back home asap...what will happen with my application if I go home...Will I still be able to come back here and will I be out of status if I leave my pending application here???

    Make sure you have the copy of the application you filed for change of status while you were here. Or any receipt notice.
    You can come back to US but b4 that you have to stamp a H4 visa at your country's US consulate. All should be fine assuming you had filed Change of Status application b4 expiry of your B2 I-94




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  • sprash
    06-03 02:57 PM
    I agree Sailesh. However it would be interesting to know if anyone has got multiple EVLs or other RFEs. I am also wondering if once you reply to an RFE, do they pre-adjudicate the application.




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  • texcan
    09-14 09:41 AM
    I had my Labor go through without any issues. I haven't yet applied for 140.
    what would happen if I apply for F-1 visa to pursue my studies as full time student since F-1 is a non-immigrant visa and I have cleared my labor.

    I know I can't proceed with 140 since its a petition for immigrant status and my F-1 will be rejected. My question is does labor certification also affects F-1 visa application?

    Thanks in advance

    My wife switched from h4 to f1 status. you can do the same and status studies, assuming you have valid status/visa right now. Later you can get visa stamped.

    H visa is dual intent, and f is non-immigration. Since you already have h visa it will not be a trouble. This is from my experience and some of my friends.

    good luck .




    nirmal301
    03-26 11:03 PM
    Hi,

    Only pay for your H1 if you know employer or any of your friend has done H1 process from that employer and application was success.

    You will find many scams to take H1 fees and never return your money back.

    But try to find employer who is ready to file your case and in return can ask for some deposit money for security purpose and same will be return to you once you start working for him.

    Whether to pay or not ?
    It always depends upon individual..If you think $1500 - $2000 is not big amount for H1 then yes.. pay for it if you don't have any other option.

    I did the same thing.. I search for employer who can file my case but was not succeed in that so finally paid H1 fees $2000 :( ...But I guess it will be worth it.



    Regards,
    Nirms




    ivgclive
    04-06 06:47 PM
    My mother scheduled a trip to USA on May 1st. I am concerned about her passport. Her old passport got wet on the borders of the first two and last two pages. VISA was stamped in the old passport which seems to be safe. I do not see any wet appearance on the borders of the VISA page. The old wet passport expired anyway. And she got new one. Will it be safe to travel with these two passport having wet old passport containing VISA stamp? Thanks.

    It may sound harsh.

    Airlines will no longer take responsibility over the travel documents.

    Considering her age and POE situation, you should think about transfering VISA to the new passport. What would be the expense, $150? It is worth.

    They are old. Make their travel comfortable, convenient, enjoyable and most importantly secured.



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