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  • rajuram
    03-13 11:40 PM
    Please remember to fill out the change of address form before you die, so that uscis can mail your GC to you without any further delays. They do provide expedited delivery of GC to those based in "hell". So please take care not to chose heaven (if it is an option).




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  • PDOCT05
    11-16 03:12 PM
    hi pdoc05,

    thanks for the reply.
    plz update me the status ...

    urs sent TSC or NSC ?

    thanks,
    NSC..Sure I will as soon as I have one.




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  • nfinity
    02-13 02:30 PM
    no replies? cant believe i am the only one in this situation :)




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  • 485_spouse
    07-09 01:08 PM
    Hello everyone, i have a good news to share that i just checked my case and it shows "Card production ordered". I guess it means my 485 has been approved.

    Thanks a lot for everyone here and you guys are very helpful and ofcourse this web site as well. Great and good luck to everyone!

    Well, i do have a question regarding my wife 485 case which i just filed this month (July 1st) as my case is current from July 1st. I filed my 485 before i got married, and now it is time and i filed on July 1st, and not received any receipt number from USCIS for my 485 case.

    As per my lawyer, there is no worries as we filed on time, and your case is approved just today, means, they should process your wife case when time comes. May be another 4 or 6 months. As long as her case is processed without any issue, then it is fine.

    I would like to hear from you guys that if anyone has got this kind of case and any inputs from you guys would be really appreciated.

    Thanks once again for all you guys help, and inputs. Great!

    Your lawyer is right. I was in the same situation. For employement based GCs you can file dependents case upto 180 days from approval. Check law 245(K)



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  • gc_on_demand
    01-08 02:47 PM
    Nothing positive? Check this out:

    http://immigrationvoice.org/forum/showthread.php?t=22242

    There were those who got their I-140 cleared under EB2 and were practically jumping with joy at the door closing behind them. Some were even taking credit for the move :)

    Generally it doesnot help to stop line behind you. But here in USCIS world that may help as people from 2006 got GC before people from 2004-5 . If no people from 2006 were there may be 2004- 05 people may have got their card.

    but if new administration makes USCIS to more productive ,closing door behind any one will not help.




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  • WaitingUnlimited
    01-18 12:43 PM
    First of all, Welcome to Immigration Voice!!

    It is possible to get 3 year extension on while you transfer h1b to new company and also obtain the first priority date. First priority date can be obtained while applying for another 140 with new company by attaching the copy of 140 document. But some people say that just mentioning the LIN # is sufficient enough.

    What your attorney is saying is true, 140 is owned by the company. But you may request your HR about the value of 140 in extending your stay in US and also in pursuing the green card. That is what I did while changing the job and then our HR did not cancel the 140.

    You may lose the priority date if your HR cancels the 140 but some people say that there is a circulation in USCIS which says that even if the 140 is canceled, the first priority date can be assigned as the green card processing was indeed started at the first priority date, so may be it depends on the officer who is handling your case.

    Good Luck!!



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  • samrat_bhargava_vihari
    06-19 09:05 AM
    Folks,

    How long does it takes to get an Advanced Parole documents after filing I485?
    Will it be safe to file I485 and AP/EAD if I am planning to go to India in next 4 or 5 months?

    Thanks

    Contributed $ 200
    I gues with iin 2 months for AP. but i don't know in current scenario with lot of applications. There is no harm in filing AP & EAD with 485. Even if you get them you can use it or not choice is yours. but if you use EAD h1/H4 will be invalid and you have to come back in AP. Also if you come in AP then your H1/h4 will be invalid you have to use EAD.

    I think 4-5 months is decent time to get AP. But with current volume I am not sure.




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  • shan74
    01-11 08:41 PM
    i think it is based on the LC requirements. For EB2, u need " A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty."


    Let me know if i am wrong



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  • IN2US
    03-11 07:53 AM
    Start renewing your passport asap. Its not a good idea to send expired/to be soon expired passport to USCIS. We will never know what kind of questions they ask. So my advise is please renew the passport asap. It takes max 2 weeks (Indian passport not sure about other countries).

    just wanted to give an update on my H1-B transfer,
    it is approved and I'm still waiting for my renewed passport from SFO.




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  • sk.aggarwal
    04-04 04:07 PM
    As far as I know, there is no grace period. USCIS may choose to ignore a reasonable gap or may approve without I-94. Dont worry about that for now. Talk to friends/family and others and just find someone to sponsor. But if you are not able to find someone to sponsor even after few weeks, you will have to leave US. Sorry mate and Best of Luck.. just be quick and you will fine



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  • adnan_vijay
    12-02 04:53 PM
    my US green card holder mom partitioned for my green card in 2000

    my priority date became current in june this year

    my consular processing application has been lodge for almost 2 months now to USCIS.

    can I please ask when is the FBI name check done?

    how do I know if I pass the FBI name check?

    :confused:




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  • sertasheep
    09-03 10:27 AM
    IV Members can access the recordings of the previous conference calls at the following URL : http://immigrationvoice.blogspot.com/

    To date, recordings from the following conference calls are available:
    09/01/2006
    08/11/2006
    07/28/2006

    You are encouraged to send in your questions, per the procedure outlined in the thread Free Legal Advice/Opinion from Immigration Lawyers (With Transcripts)
    (http://immigrationvoice.org/forum/showthread.php?t=1267/)


    IMPORTANT DISCLAIMER:

    By participating in any conference calls or reviewing a transcript or recording of any conference calls, you agree that you have read and understand the following disclaimer: The information provided during these conference calls as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials. IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.



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  • indo_obama
    05-12 11:44 AM
    Only making rules more worse and confusing.............:cool:




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  • sundar99
    02-27 01:41 AM
    http://www.outlookindia.com/full.asp?fodname=20060306&fname=Mittal&sid=2

    Perhaps - if we show that India can benefit by 1 Billion $ worth of H1 folks Social Sec Contribution for India's development, might either US Govt commit to returning the money or make provision for quicker dispension of GC cases for H1 folks waiting for GCs... Kamal nath, Dayanidhi Maran are shrewd and savvy politicians unlike other folks who are equal to lalooos !

    Folks,


    RANCH 99 is a popular Chinese groceries visited by most chinese indeed in Silicon Valley _ Bay Area - This can be a sure shot for publicity for EB Retro Join the cause campaign among them.

    Not sure if this is a good idea, 1. Either to put a English note on How chinese is affected because of EB Visa Retrogression ? and pass the website and email id to join ?

    Or get a person to translate it into Chinese and put it up in Ranch 99 - Milpitas, berkley, Fremont, Sanjose ? Ranch 99 is a popular place among chinese network to buy vegetables and well networked among chinese !

    I am assuming there must be similar network of Chinese Shops in other cities !. I am going to ask a few of my students from China to post it in their internal mail aliases for wide coverage !

    Some thoughts on this ? ALSO _ Indians perhaps can talk to Silicon india, then other Bay Area local newspapers to publish it ? - Put it up in Komala Vilas, Udupi, etc ?



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  • ajithkumar
    04-26 05:49 AM
    Hi

    i was working with employer A (h1b tenure 2006---september 30 2009)...I applied for my extension and also transfer of h1b to company B..got h1b extension sucessfully from 09-2009 to 08/2012...

    both the companies A and B are operated by same person..

    I went for H1B stamping in november 2009 at Canada ottawa...in the mean time my employer has same adress for company A and company B..My employer has provided me a letter stating that company B has merged with company A so they have same address
    The visa officer has found out that they share the same adress and questioned me what is the point of H1B transfer when they share the same adress and both the companies are merged and he refused my h1b visa..

    My employer sugessted me to attend again the interview at the newdelhi consulate ..he has provided me the business license ,office land purchase documents and companies merging document...which i have submited to newdelhi consulate..
    after 3 months the new delhi consulate sends me a visa denial letter
    stating that

    we are not able to issue you a visa because:
    your petitioner doesnot either be able to provide qualified employment in USA
    I129 petition filed on your behlaf has been submitted to USCIS...


    My original I797 was returned to me at the time of interview

    my question:

    Can I apply for a H1B transfer and attend interview again for stamping as I have original I 797???


    WHAT OTHER OPTION DO I HAVE...


    Please let me know




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  • AnishD
    04-02 10:51 PM
    I have a question for H1 transfer. If I work with Company A and I am transfering my H1 to company B. What happens to my H1B with company A if by chance the transfer gets denied..does it get suspended or can i work with Company A again if they have not cancelled?
    Thanks in advance..



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  • royalchallenge
    11-17 04:23 PM
    Just got fired from my company.

    I have concrete reasons to believe that it was an act of retaliation. I have documentary evidence for that.

    I want to sue the company for damages. However, any such legal case must be fought on a pro-bono basis as I do not intend to spend my money on fighting this case.

    If any lawyer is interested in taking up this case, please send me a private message/email with their phone numbers. I will provide further details on the phone.

    Thanks all.




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  • martinvisalaw
    10-15 03:56 PM
    The safest route is to have both the H-1B and the EAD, if the employer agrees to pay for all. If you just have an EAD and the 485 is denied for some reason, you have no work authorization. If you have the H-1B also, then you can continue to work on that.

    The filing fees for a H-1B extension depend on how many extensions have been filed already. Assuming it is not the very first H-1B, then the filing fee is $320, and $1500 if it is the first extension.




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  • MIK18
    01-14 10:46 AM
    HI,

    My EB2 perm labor was approved recently and thinking of filing I 140.
    Trying to port my EB3 PD, 09/23/2003 to EB2.

    I missed filing I 1485 for my wife in july 2007.

    My question is if I go ahead and file I 140 premium for me , lets say it gets approved soon ,my dates will be current.Should I file I 485 for my wife then ?

    What happens if they approve my I 485 before I file my wife's 485.




    fide_champ
    11-18 11:53 AM
    Yes one must be a Greencard holder to attain unemployment benifits.
    Not permitted with EAD.

    This is not true. People in AOS can apply for unemployment benefits. Unemployment benefits are paid by employers and all you need is an A number to get it.




    darsh678
    02-12 02:29 PM
    Hello

    I have got done my medical exam required for adjust of status.
    My doc gave me only a single sheet of page in a sealed envelop to send to the USCIS for the purpose.
    My QUESTION is, is it only one page to be submitted in the sealed envelop, as the form doesnt have any of my passport details or reciept numbers for the form 140's/485

    He has only given me page 3 of the attached file, is that sufficient?
    http://www.uscis.gov/files/form/I-693.pdf

    http://www.uscis.gov/files/form/I-693.pdf

    Please advice as i have recieved an RFE for this in January and have to submit it in a timely manner.

    Thanks.



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  • sab
    11-01 06:25 PM
    I have filed for I-485. I am also extending my H1B. I have an approved I-140. Can I extend for 3 years? Or is it just 1 year assuming my 6 years are completed.




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  • sandeep219
    03-29 09:52 PM
    Thanks for your replies guys!!




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  • desitechie
    01-16 10:07 PM
    Hi,

    I am planning to apply my Green card. However I am a bit confused which category will I fall to ? EB2 or EB3 ?

    As per my job requirement details, it is as below:

    i ) Bachelor degree in technology related field.

    In the detailed experience seeked, it says as below:

    i) Five years of experience with installing, maintaining servers.
    ii) Three years of practical experience in routing and network security.

    I have more than 5 years of working experience (which they seeked) before I started this job.

    Under which category will it fall under, EB2 or EB3 ?

    Thank you

    Looks EB2 to me.

    Is it the biggest networking firm which has the prominent law firm thats sponsoring?




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  • sukhyani
    10-04 10:16 AM
    Anybody? Any thoughts? Does it mean they are processing his case?



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  • bhagat69
    04-23 12:21 PM
    Please can you tell me how I can start my own thread




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  • dskhabra
    09-22 08:57 AM
    My H-1B petition is currently under processing in Vermont sevice center.

    The receipt status shows it was recieved on May 8th and currently pending.

    The processing dates on the USCIS website show May 31st as the current date.

    Any reason why I still didnt receive a decision from USICS for my H-1B Petition? Does this mean anything? Or can i still keep the hope that I may receive a decision from USCIS?

    They usually try to approve most of the new H1B before 9/30. You might get it approved in this week.



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  • PD_Dec2002
    08-16 07:04 PM
    Dear All,
    I got a labor substitution and filed for my I-140 and I-485 concurrently. Today was the last day to send the documents and some paperwork was missing for my wife! I missed sending the package!

    Now how should i proceed?? My wife is on H1-B currently. Any ideas??

    My priority date is 25 jan 05 - eb2.

    Thanks,
    KK.

    If you missed this time around, you can apply 485 for your wife only when your PD becomes current. Your wife will have to continue working on her H-1B since EAD isn't an option anymore.

    Just curious: what paperwork was missing as a result of which you missed this boat? I hope it wasn't trivial in the grand scheme of things.

    Thanks,
    Jayant




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  • thakkarbhav
    02-08 09:24 AM
    Your post is not clear. Do you have Permanent Resident Card? If yes then why do you need EAD?



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  • kart2007
    06-02 06:43 PM
    Hey I got the same status update for my wife and me today. I think it means we can expect an interview or be called for FP soon. Any more info would be useful.




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  • raghav235
    06-30 04:23 PM
    I guess, you need to enter the "Received Date" that is on your last I-765 receipt Notice.

    Hello,
    I have been looking an answer on this forum for the date that we enter for the Question # 11 on the I765 form:

    Question: Have you ever before applied for the employment autherization from USCIS?

    My question is on the date that we have to enter here:

    Should I enter the CARD VALID FROM DATE on my EAD card?
    Should I enter the RECEIVED DATE on the I485 receipt?
    Should I enter the NOTICE DATE on the I485 receipt?

    I looked on this forum, and there is seem to be confusion around this date..can someone please clarify...

    Thank you.



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  • wandmaker
    11-05 10:54 AM
    This is a standard text of USCIS, you should hear from them with in 15 calendar days of response receive date as it is PP. Ask your company/attorney to get in touch with USCIS.




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  • skp71
    04-02 11:58 AM
    Some good thing is going to happen for EB3 category or not? I hope all the efforts we put are not goin to waste...



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  • munnu77
    04-29 08:50 PM
    Gurus Pls help

    I was with Company A whn I got married which had my visa and I 94 till Nov 08,2006. My wife wnt to consul. and got her visa and I-94 till same date.
    I came back to US alone and changed to company B in July 06 and got my I-94 till 2009. Since my wife came to USA after that she didnt get her xtension.
    i forgot to file for her xtension.
    I had to agn change the company C in Dec 06. Thats whn i realised her I-94 expired in Nov. I applied for her I 539. But it wasnt approved by INS.
    I have decided to send her back before 180 days, because if she crosses 180 days, it can be a 3 yr ban.
    She will have to go back to consulate now now for visa stamping. Will she have a problem?

    Thank u




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  • whattodo21
    04-19 10:50 AM
    this is good information, thank you.

    Lately, US Consular Officers in Canada have been reluctant to issue H-1B visas when the applicant does not have a US or Canadian University Degree AND has never had an H-1B visa issued at his/her home Consulate. The following is an excerpt from Visa Requirements � U.S. Consular Services in Canada (http://www.consular.canada.usembassy.gov/usa_visa.asp#ability:)

    "Evidence of qualifications must be original or certified copy. Consular officers in Canada may refuse to issue a visa to H-1B applicants if their education and /or work experience is solely or predominantly from a country other than the U.S. or Canada."

    As you probably know, if you are refused a visa in Canada, you cannot return to the US until you travel to your home country and obtain your H-1B visa there.




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  • aksaharan
    09-24 04:14 PM
    Just trying to understand what would that statement indicate for next/future visa bulletins. It can be deciphered in different dimensions ie:
    - all visas have been allocated and all upto priority date have been allocated (second one may not be true) .. this leads to no retrogression (or) no movement in next bulltin
    - all visas allocated and not all people allocated .. which may lead to retrogression in next bulletin

    There are many other combination of interpretations as well.



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  • jumanji4u
    03-23 09:30 AM
    Hi immigration Gurus,

    I am in kind of situation where I need the guidance from the experts and knowledgeable . I was working for a company A(IT Product development company) who filed my GC around FEB 2007 in EB2, Aug 2007 filed my I140 and I485 concurrently, In Oct 2008, I left the A Company and moved to Company B on H1B,the company B immigration lawyers did not file AC21, as there reason was we don't want to get unnecessary attention on the GC process and told if any any RFE we will look at it, right now I got a good offer with Company C and have to move for a better medical insurance. Looking at the GC Labour petition, it is given as a product manager with the Company A and the OES code is pointing to some manufacturing production manager as there is no such as product manager in the computer OES code. Right now the company C I am moving is a Technical Lead position, so how to go about or is there any advice for this, if I am moving on the EAD and how to file the AC21 so that I don't get any RFE.

    Your guidance is greatly apprecaite.

    Thanks,
    Jumanji




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  • Bpositive
    02-12 09:29 PM
    I spoke to the immigration contact at the MD congressman in my district. I am sending him the 'letter'. I may also set up a time to meet him. If anyone is interested in joining me, please send me a PM.




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  • ursosweet
    07-17 08:21 PM
    again with Company B and file a new 140 and then use the PD of previous labor to file the 485 etc etc.
    hope this helps




    gc_lover
    06-28 09:57 AM
    Unless the first company cancels their H1B

    But if they had stop paying him then he might have a problem.




    venky321
    08-16 12:36 PM
    Update on the Broadgate Lawsuit – H-1B issues. � Business Immigration Law – Global, US, Canada (http://www.immigratelegallyblog.net/2010/08/update-on-the-broadgate-lawsuit-h-1b-issues/)

    From Murthy law firm.

    MurthyDotCom : NewsFlash! Challenge to Employer-Employee Memo Dismissed (http://www.murthy.com/nflash/nf_081610.html)



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  • desi3933
    07-09 11:57 AM
    Is the 3yr extension based on an approved 140 transferrable to another employer for the full duration of 3 yrs?

    Yes. As long as I-140 is not canceled or revoked.


    ___________________
    Not a legal advice.




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  • reachinus
    07-18 01:02 PM
    I do not know about the number of recipts#, but if you gave the checks for the applications then most of the banks give images of cashed-check. That image will have the recipt number printed on the back side of check.

    BTW, When did your 485 application/package reach USCIS? June or July 2007

    Yes. You can get the numbers for the cancelled checks as well.




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    05-15 02:07 AM
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  • gc_chahiye
    09-19 05:21 PM
    if i use EAD for a part time job, does the H1B visa status become invalid?

    yes. look up the archives, this has come up quite a few times. Some people say going from EAD to H1 is a one-way street and coming back requires new H1 subject to cap. Many others (including my attorney) say that you can come back on new H1 (or even existing H1 petition if its not expired) without being subject to quota/cap. Reactivating the H1 does require a trip out and back into the US.




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  • dealsnet
    11-16 04:16 PM
    Hi,
    I am a green card holder via the DV program of 2007 and my husband is on student visa. We had entered US individually prior to our marriage. Our marriage took place back in Nepal in 2008 and considering the long waiting period for the dates to become current, I didn't file I-130 for my husband immediately after our marrigage thinking that we would wait for my citizenship. But now seeing the advancement in the current dates for Family based visa, I would like to file the I-130 for my husband. Please advise what my best bet would be? Wait until I get my citizenship or file now? Also if I file now, how long might it take for him to get his EAD and GC?
    Can I file the I-130 form on my own for would need to get a lawyer for that. Currenlty we are in Seattle, Washington.
    Any suggestions will be highly appreciated.

    What you did is a mistake. No need to wait for citizenship. You can upgrade the petition any time.
    NOW FOR BRINGING SPOUSE FOR GC HOLDERS IS SIX MONTHS.
    SO RUSH TO FILE I-130 FOR HIM. IF HE IS HERE, FILE I-485, WHEN THE DATE BECOME CURRENT (AFTER 6 MONTHS), OR GO FOR CONSULAR PROCESS. NO NEED FOR A LAWYER FOR FAMILY BASED FILING. DOWNLOAD I-130 FORM WITH INSTRUCTIONS, FILLUP AND SEND WITH MARRIAGE, BIRTH CERTIFICATES AND OTHER DOCUMENTS. IF YOU CAN READ AND WRITE ENGLISH, YOU CAN FILL IT AND SEND IT.



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  • gc_on_demand
    03-10 03:29 PM
    Hello Every one

    As we have some funding drive , I would like to start this thread so people update their profile. Please do update your profile and post confirmation once you are done.

    How to update Profile :

    (1) Login into IV site
    (2) Click on Forum from Top Navigation
    (3) Click on My User Profile from Drop down
    (4) Click on Edit Your Details on Left side navigation. Please enter correct GC details

    Post confirmation message once you are done so you can verify details of your profile in your post.

    As we dont know yet how long FOIA will take but at least we can have some stats. and may not need to go on other commercial site for data.




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  • vidyakulkarni
    06-08 11:37 AM
    Mr. Butterfield's Opus: Advocacy Days....and a little sightseeing (http://mrbutterfieldsopus.blogspot.com/2010/06/advocacy-daysand-little-sightseeing.html)



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  • gparr
    May 19th, 2004, 01:54 PM
    Agreed, but look at last week's two leading finalist shots. Basically a couple of good family snapshots: the kid getting wet and a guy with a hose. Confuses me as to what's considered good "competition" photography.
    Gary




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  • martinvisalaw
    08-25 03:03 PM
    Is there any minimum length of time to be on H4 before applying to H1.

    No. Most people are never on H-4 when they apply for H-1B. The only catch is that it might raise a suspicion if a person entered in H-4 status and immediately filed to change to H-1B, say within a couple of days. A difficult CIS officer might consider that this meant that the person entered by misrepresenting their true intention. However, given that there is a cap and the person couldn't start on H-1B until 10/1 anyway, that should be OK.



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  • softcrowd
    06-17 07:50 PM
    I & My wife are working on H1-B visas currently. We two simulataneously started our Greencard process with our employers.

    Both of us have a priority date of Sept 2006 & our EB category is Eb2. Both our labors got approved & applied for I-140s. My wife's I-140 got approved recently (from TSC) while Mine is still pending with NSC (Nebraska dates are behind).

    A couple of months back, my current employer offered me a pre-aproved EB3 labor (from April 2004) & asked me to apply for I-140 (Substitute). He told me that once approved, I can port this EB3 2004 priority date onto my Eb2 I140. I applied for the same in premium processing, subsequently got an ability-to-Pay RFE and employer is working on providing audited financial statements from 2004.

    Overall, we have 3 I-140s between me (2 pending) & my wife (1 Approved). Now that everything is current which one should we pick for applying I-485....This has become a big puzzle for us.

    Here below is a snapshot of our status:

    Me - EB2 (Sept 2006) - I-140 Pending
    - EB3 (Apr 2004) - I-140 Pending (got RFE)

    My wife - EB2 (Sept 2006) - I-140 Approved

    Here are the options we could think of -

    I know, the safest way is to apply I-485 to my wife's approved I-140. But with the DHS's forecast that retrogression is going to be back anytime around Spetember of this year, I am not sure if applying 485 based on a year 2006's date is any useful!! (We get EAD but we may be struck for years to get the green cards).

    Is there an option for both of us to apply for I-485s (I will be dependent on my wife's application & my wife would be dependent on my application). If possible, this option gives us a safety net & also helps us in picking up the best. I know at some point, we have to choose between either of the I-485s but hopefully in a couple of months, we get clarity when both my I-140s are approved.

    Or is it possible for me to apply for AOS on my pending EB2 2006 I-140 and then once my other Eb3 I-140 is also approved, Can I port the PDs while my I-485 is pending??

    In essence, I am trying to find out a way to take advantage of 2004 Priority date I have (assuming Eb3 I-140 is approved).

    Could you please help out, if you have any ideas!!




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  • vikki76
    03-28 06:59 PM
    Interesting comment on one of old BusinessWeek articles.It strongly highlights power an employer holds over H1-B employee.

    http://www.businessweek.com/globalbiz/blog/bangaloretigers/archives/2006/11/us_software_tal.html


    "'m not at all surprised that the first few comments on this post have been very skeptical of the skills shortage.

    No matter how you feel about the alleged shortage, you have to acknowledge that the H1B gives the employer a remarkable amount of power over the employee's life. The employer bestows the right to live in the United States upon the employee, and often sponsers the employee's application for a green card. Changing employers is not impossible, but it is tricky and perilous.

    As an American, I can quit my job and become a contractor. An H1B can't. If my girlfriend decides to move across the country for a new job, I can quit my old job and go with her. An H1B can't. If I decide I'm tired of programming, I can quit and apply to law school. An H1B can't. And, most importantly, if I think I'm talented and should earn well above market rate, I can go into my boss's office and negotiate with the knowledge that I'm free to find a better deal elsewhere. An H1B can't - unless, of course, he's willing to give up on his wait for a green card and return to his country of origin and start all over again.

    While I'm not a protectionist in any way, I view the indenturedness of the H1B visa as an affront to everything America claims it believes about human and economic freedoms. No employer should ever have this kind of power over an employee.

    Congress is perfectly capably of creating an employment category for foreign nationals that preserves freedom for the engineer who comes to America. They still haven't. Why? Well, the most likely explanation is that the corporations who lobby for this visa *enjoy* this power over engineers. And this, in turn, leads to work conditions that drive America's best and brightest away, into careers in law, medicine, finance, and so forth, exacerbating the very shortage that the visa was designed to address.

    Unlike some of the posters here, I'm ok with the existence of skilled worker visas. But any increase should be off the table until basic human and economic freedoms are preserved for the worker. In America, you have the right to quit your job. Period. "



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  • H1bslave
    07-30 03:50 PM
    ^^^^^^^^^^^^^^^




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  • golgappa
    09-10 07:16 PM
    I dont think so..

    but you never know..

    But my guess is as long as your employer will give you a letter saying they will hire you once your GC is approved, you should be good..as GC is for future employment.



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  • GC_hope_2006
    08-08 04:55 PM
    Please find below my case details:

    i.Started on L1A in Dec 2001

    ii.Applied for a new H1 in June 2005 with start date as Oct 1,2005(New H1 application) : Came to US on H1 in Mar 2006 with "I 94 and Petition End Date(PED)" as Dec 2007.

    iii.Since Dec 2001 till Mar 2006, have been in India for totalling 10 months (2.5 months in 2003, 1.5 months 2004, 6 months during 2005-2006).

    With the assumption that I can recapture the time spent outside US (10 months), the six year clock ends in Oct 2008. If so, to get 7th year extension
    would it work as long as the Labour is filed before Oct 2007.

    Am I correct in this assessment or does the 6 year clock indeed ends in "Dec 2007" (as in my I94/PED) and I should have the Labour filed before Dec 2006.

    Any thoughts? Appreciate your comments.

    Thanks very much in advance.




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  • vchip
    08-24 09:47 AM
    Any chances of Chances of Reconsidering this MEMO in the near future?



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  • pa_arora
    09-05 01:30 PM
    Thankyou guys, appreciate your answers and help.




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  • aadimanav
    08-06 03:50 PM
    I have heard/read that the person should work with GC sponsoring company for at least 6 months after RECEIVING the GC. Is that true?

    This is 6 months after RECEIVING the GC and not just filing the 485 - Correct?




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  • sunny1000
    11-10 04:05 PM
    hi all

    a friend of mine running his own business wanna apply for a visit visa or tourist visa what we are suppose to say in section purpose of your visit ????????????????????

    any insight are appreciated

    There is a business visa (B1) he can apply. If he applies for the B2 (tourism visa) and tries to work, it will be illegal. He beeds to say "business" in the purpose of the visit column.




    ZeroComplexity
    03-13 03:11 PM
    IV members should take the moral high ground refrain from making frivolous calls to USCIS, so that genuine issues get addressed quickly by USCIS.

    You don't want to be holding up the lines over a LUD when someone is waiting for a USCIS customer rep over a denied I-485.




    neerajkandhari
    07-15 09:14 AM
    I am in