Thursday, June 30, 2011

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  • amit1234
    02-13 08:46 PM
    My PD is Jan04 in eb3 catogory and I am from India. Currently I am working under EAD . My wife recently got job offer and her company is ready to file her labor under EB2 category. My question is thats ? will that be a problem when she files for 485 based on her labor since she already filed 485 based on my labor . Any suggestion is appriciated .

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  • redgreen
    11-28 05:01 PM
    Is AC21 relevant at all for NIW applicants? It can not be as there are no employers filing for such people. However is there anything related to that for such applicants?
    Can't they change job or use EAD for whatever job they want to take?
    Should the new job be exactly the same type of job?
    If an NIW applicant loses job, will that be a problem?
    When USCIS is going to know/check on what job the applicant is currently working? Is this going to happen at the I-140 approval stage or I-485 stage or when somebody applies for Citizenship?

    Any NIW applicants around here in IV?

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  • pmat
    08-08 02:25 PM
    It is okay to under-enroll in the last semester after the approval of International Student affairs office of the university.

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  • sarahbtobe
    06-25 05:14 PM
    He can have both types of permanent residence pending at the same time - marriage-based and employment-based. This is very common. The marriage-based filing will probably be approved sooner than the other, because priority dates are so backlogged now.
    That is wonderful news, Elaine, thanks so much for the fast reply! We are actually in the DFW area, so if we need a lawyer for this 2nd application, I'll remember your name!


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  • AllVNeedGcPc
    05-12 07:55 AM
    My colleague went to India for 6 months after getting his GC, and has been just chilling out here for more than a year now.

    You are a free bird once you have GC, just shouldn't be out of the country for more than 180 days in a year for tax purposes..

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  • wandmaker
    08-25 01:10 PM
    My spouse currently is in H4. Is it possible to get his F1 visa stamped (with i-20 and other documents) within US? for example, in local USCIS offices.?

    Also, does getting COS (h4 to f1) approved means, we can exit and enter US without stamping in INDIA?

    Stamping within US is history - However, if COS is approved, your spouse can continue his studies without stamping, but if you exit the country then you need to stamp your F1 and return.


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  • ushkand
    09-20 11:29 AM
    First off, the chances of you being denied an H1 renewal are zero to none unless ofcourse you or your attorney made a error on your application (incorrect fees etc).

    For argument purposes, if your H1 is denied you could always fall back on your EAD. Denial of H1 does not invalidate your I-485 as long as your "JOB" is still present. Now your entire status is dependent on your AOS application. If you AOS (485) is denied you would have to leave the country.

    If your H1 is renewed, you can stay in the US for the entire period of its validity even if your I-485 application is rejected/denied.

    As always, take all advice given on a message board with a grain of salt and consult an attorney.

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  • leo2606
    08-04 09:24 PM

    Any idea how USCIS will determine which application goes to where?
    Is it based on the State you are living or based on I-140 approval?

    If there is already a thread please direct me.


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  • pillagandhi
    04-27 11:29 AM
    In my fifth year H1B (cap exempt)

    applied for cap subject
    employer in east coast
    Receipt date: 4/11/2011
    status :initial review
    on 4/25/2011 : checked online

    we transferred this case I129 PETITION FOR A NONIMMIGRANT WORKER to our CALIFORNIA SERVICE CENTER location for processing and sent you a notice explaining this action. Please follow any instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

    They never sent any notice to lawyer or me about this.

    Today is beyond the 15 days for premium processing.

    What does this mean? and what am I supposed to do

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  • Steve Mitchell
    December 17th, 2003, 02:18 PM
    Great job. More of the power of digital photography and post processing.


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  • immi2006
    05-24 09:28 AM
    Many desi companies apply for EB visas for folks still in India and have them work in India, till the CP stage..

    This is the new trend. Since GC is for a future employment, effective way to consume huge numbers !!!

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  • folse
    05-10 01:51 PM
    Dear friends,

    I have an EB3 pending for years, and I submitted a marriage based green card application a couple of months ago.

    I had the interview recently. The office said she requested the EB3 file, but the office that was processing it wouldn't release it to her. She said a person could have only 2 pending 485s, so the 2 applications should consolidate, either the EB3 file comes to her office or this marriage based green card application goes to the office that process the EB3 file. And she said she wouldn't want to release the marriage based file to that office. So we are stuck.

    She went ahead and validated that our marriage is real, but she couldn't process the 485 because she needed all of my files. She didn't seem to be familiar with cases that have previous pending 485s. She had me signed a letter saying I'd like to withdraw my EB3 application and she'll send the letter with my EB3 485 receipt notice to the other office, hoping they'll cancel the EB3 green card application and release the file to her. She didn't seem to be certain that would do the job. She wasn't sure how long it would take and it's possible someone else will take over my case.

    It's been a week and there's no updates online. I'm now scare that if anything goes wrong, I might lose my EB3 application and get stuck in the bureaucracy. I'm worried and would like to ask whether it was a typical way to handle cases like mine. Thank you very much!


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  • fastergcwanted
    06-17 09:32 PM
    Anyone here??

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  • bsnf
    07-13 10:36 AM
    I have just signed a contract to buy a new home.
    The first step is to be eligible for mortgage.

    During an interview with mortgage counsellor, she asked my visa status.
    I tried explaining her that I was not on H1 and had not received GC yet, that I am on EAD.
    But she did not understand it. She only understands H1 or GreenCard.

    I am not on H1 since I changed my employer and it expires this October.
    I have also travelled on Advanced parole.
    Recent EAD is good until 2010.

    Can anyone help?


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  • harry31
    03-28 04:14 PM
    Hello folks

    My fiances parents are applying for a B1/B2 Tourist visa on the basis of her 2 graduation ceremonies. We will get married in a court before her parents apply for a visa but the marriage ceremony will be between 2 graduations in US. If we also show that her parents are attending daughters wedding ceremony in US will the likelihood of them getting a visa increase? We can send a copy of marriage certificate before parents visa interview.


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  • little_willy
    08-05 08:28 PM
    My wife recently returned from India and at port of entry, the officer incorrectly wrote the paroled until date as Jul 12, 2010 instead of Jul 12, 2011. The date is incorrect on both I-94 and AP.

    Will this create any issues and how can this be corrected? Her status is AOS pending, she doesn't have a EAD or H-visa

    My wife's AP is valid till Oct 12, 2010. I would appreciate any help

    Thanks a lot!


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  • kirupa
    03-17 09:46 PM
    Hey gaurav - I double checked with a few colleagues, and this is a WPF issue. Unfortunately, there isn't a good workaround at this time. My only suggestion would be to not use those abnormally wide fonts at large text sizes :P

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  • zeal2005
    03-02 01:31 PM
    Its hard to say what is SAME OR SIMILAR. I am stuck up with the same issue. My GC was filed for the position of Software Engineer and I changed the job with same responsibilities but job title is Project Manager. My attorney is not comfortable with that even though the responsibiities are same in the new job.
    Its better not take this AC21 path unless you are 100% sure that your new job is same as the old job.
    Experts please advise.

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  • ss2005
    05-19 10:00 AM

    I am planning to invoke AC21 via H1B.

    My old employer have no issues continuing the same attorney for my future needs.

    My new employer asked me to go with their attorney... but I am planning to go with my old guy who applied my 485.

    Can I pay AC21, future expenses etc charges from my pocket since I am going with my old attorney.

    Is it OK to me paying fees for the GC instead of Employer? Or I shud go with New company Attorney?

    Appreciate your help on this.

    10-06 02:58 PM

    My company has started process of applying for my Green card in EB2 category. However, attorney has some issues with that.

    I joined my company on a post completion OPT based on completion of course work in January 09. At that time I was MS thesis student and had to just defend my thesis. However later in Feb, because of some differences with my adviser, I converted to MS Non thesis and graduated in May 2009 with the course work that I had completed in Dec 08. In all respects, I had completed all coursework requirements for my degree prior to Dec 2008. My company's attorney recently told me that this may be a problem for an EB2 case as I joined company before I graduated with MS.

    I have all documents available with me that all course work for the degree was completed before I joined the company.

    I am bit worried. Can some one advise me on this? I will be grateful.


    06-14 03:25 PM
    This is only if you had a J1 Visa

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