Friday, July 1, 2011

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  • hyoungill
    04-27 04:57 PM

    I am preparing grren card aplication with EB2-NIW.

    I have question about I485, Part2, Application type.

    If my I140 is pending, which type do I (principal applicatn) and my wife (spouse) have to check?

    Some people said that I can check "a" and my wife can check "b".

    Other people said that I can check "h" with "EB2 NIW" and my wife can also check "h" with "filing concurren
    tly with applicant's spouse I-485".

    Could you let me know which is right?

    Thank you very much!!!

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  • chintu25
    12-13 03:18 PM

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  • nozerd
    03-27 03:18 PM
    Did your friend eventually get the visa ? After how long ?

    Yes, a friend of mine was not given her VISA they did not say denial instead said they needed to further confirm her qualifiactions and field of research. This is bc she works in boitech and at that point there was the anthrax scare.

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  • redds777
    03-24 08:41 PM

    Hello Everyone

    I have sent a message to president Obama requesting his help by issuing executive order either to increase per country cap temporarily atleast till the EB backlogs gets over for india and china


    Issue executive order to allow visa re-capture to utilize wasted immigrant visas

    i am waiting for the reply . i am not sure if i will be heard .

    I had sent similar message to my senators requesting them to support the visa recapture bill . i got a call today from his asistant . He said they understand the issue and the senator is supporting the CIR this year . i told him that wont help the skilled immigrants, he said that the provisions with relief for legal skilled immigrants will be added into that CIR and passed .

    when i asked him why not do a piece meal approach and pass smaller bills like visa re-capture etc.. his reply was that the anti immigrant groups will basicall y kill the bill . so he said that it is better to wait for CIR hopefully this year.

    I said thank you for response and hungup the phone.

    so bottom line is i guess we have to wait for CIR and if any good will comeout from that for EB categories.


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  • nashorn
    08-12 04:53 AM
    One can have more than one H1B at a time. So you can ask the second company file for transfer too. If you worry about the first petition, and you feel comfortable to do so, talk about it with the attorney of the second company. Or, you can call USCIS and ask a immigration officer.

    I joined a new employer in May and also had applied for H1B transfer at that time. Now I have a very good offer from another firm but my first H1B transfer is still pending. The new offer is much more rewarding financially. Is it possible to apply for H1 B transfer to the new employer without jeopardizing my H1B status. Please note that I got laid off in April and I was in a hurry to get the new job then, it was also about just over a month when I applied for my H1B transfer since losing that job so I am kind of nervous about the results from USCIS.

    Thanks in advance for your suggestions, friends!

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  • speddi
    07-13 01:09 PM
    I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.

    During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.

    I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.

    I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?

    Thank you

    Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.


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  • Tazike
    07-23 01:41 AM
    I'm wondering if criminal charges that never lead to a conviction (3 charges in total) can cause a green card holder to get deported? Also, when a person applies to renew a green card after it expired will another FBI fingerprint check be done?

    Thanks for the help.

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  • rvr_jcop
    04-29 01:26 PM

    I read this on Oh-law website. I am a bit confused. Isnt it true that H1 is dual intent, why would they consider this as abandonment of 485 when one uses the automatic re-validation rule (no valid H1 stamp but valid I-94 stub on the 797 H1 approval)?

    From the Oh-law website:

    Those in pending I-485 green card proceedings should understand that travel over the contiguous countries without a valid H or L visa status or without an approved advance parole will result in a deadly consequence of abandonment of pending I-485 applications even if they are readmitted into the U.S. after a short trip to Canada and Mexico with an expired visa in the passport under the foregoing visa revalidation rule. Rule of readmissibility from such trip is one thing and abandonment of pending I-485 is the other. They should never depart from the U.S. without a valid H or L approved status or a valid Advance Parole.


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  • seahawks
    07-07 09:45 PM
    My H1-B is expiring in December 2007. I have approved I-140 now and am hoping to get 3 year H1-B extension based on my approved I-140. Do you think I can get 3 year extension even if the visa numbers for filing AOS is current? Does AC21 apply to this case? Please suggest.

    well if it is current you wont get it for 3 years, however I know AOS is unavailable, you if you apply before OCT you should be fine. once visa bulletin for OCT come out if you become current then if you file for 3 year, you will only get for 1 year

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  • Queen_of_Sheeba
    05-07 01:24 AM
    wow that was quick! I hope you're right that the Master's cap isn't related to the educational level of the job. On the other hand, I just talked to a friend who was sponsored by a big company that does heaps of h-1b's, and they got him to apply under the regular cap so it would be easier...


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  • dealsnet
    05-10 12:36 PM
    You need to go out for 365 days to reset your H1B clock.
    You can stay here on F1/H4.

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  • gauravster
    04-17 04:12 PM

    I am here on a H1B visa and my wife is on a H4 Visa. She has recently been admitted to a masters program and would start going to school soon.

    1. We want to get a F1 visa for her, so that she can get paid for some work in the campus. Would it be possible to get the F1 visa in Canada. Does anyone have any recent experience on getting this done ?
    2. Say we not apply for a visa but only apply for a change of status and do not even go to India or anywhere else before the completion of her program. After that she would go on an OPT. If we go to India then, would it not be a problem in getting a F-1 visa, as her education would already be complete. Does it mean that she should get her visa stamped before she completes her education.



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  • miguelajjam
    07-25 12:36 PM
    Have a similar one:

    1)For (c)(9) eligibility status only
    Please indicate whether your pending I-485 is family-based or employment-based.

    ...There are two options Family based and employement based.

    As I am on H1B I selected Employment based. But, What should I select for my wife H4... Is hers Employement based or Family Based?

    Please Advise soon...

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  • eagle2020
    05-11 01:23 AM
    I have a B1/B2 visa that I'm thinking about coverting into F1 visa when I get into the US I just have few questions:

    1- How long does it take to convert the B1/B2 visa into an F1 visa?
    2- If my visa gets converted into the F1 visa, does that mean my B1/B2 visa is cancelled and I have an F1 visa or what am I?
    2- Will it be possible to leave the country for few months(after the conversion of my B1/B2 visa into the F1) and then return back to the US with ease to continue my studies ?

    Thank you very much for answering!!!


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  • yabadaba
    12-28 08:32 AM
    mine went to texas too...since every single petition, opt ead, h1bs, I-140, etc were from tsc. i am assuming it was cos my address was in GA and my 485 based A# was also from TSC.

    i am already done with my biometrics in sept so i m hoping for a quick turnaround too.

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  • nashorn
    12-12 04:22 AM
    The basic fact is that people come here to save money, otherwise they'll hire an attoney for their immigration need. So it is bond to be hard to ask money from them.

    But I think they'll be glad to do so if they were asked to click 10 times on an ads everytime they visit this site. Will this make money?

    Another thought, maybe IV can make something for sale on this site. It's always easier when there is some sort of medium, cookies, fund-raising diner, fund-raising concert, etc. Just simply asking for money seems not work that well.

    Just some thoughts, you guys have good judgement.

    When can I become a senior member?


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  • cheers1234
    06-15 08:22 AM
    Sorry for the confusion. i am not deported. One of my company's new employee was deported at POE. Yes. POE did called my employer and asked where he is going to work. My employer said he is going to work on our company site. Then the officer said your empoyee told us that he is going to work at client site. Then the officer said he will call back.

    Officer called back after 30min and told my employer that your emplyee submitted some fraud document. And then my employer said i am not liable what he did and explined the officer that he was doing bussinees more than 8 years and have all the proper documents.
    Then the officer said he understand the situation and said he is just doing duty. Officer said he is going to send a report to DOL.

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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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  • ps57002
    09-16 11:13 AM
    I am generally a shy quiet person but enough is enough and I know in my heart I just have to do this....going to D.C. join us

    12-24 12:42 PM
    My friend is with the current employer for the past 3 years and now she has her H1 renewed .The employer had some issues with USCIS and currently she is on bench and is planning to go to india to get married.She has an appointment in Tijuane but she is worried if the employer history would affect her chances of stamping.So she is planning to have her H1transferred but she has her marriage in feb.So what are her options of getting her stamping done?

    Can she go to India with new employer documents having applied for transfer(premium processing)and have her stamping done there? Is the pay stub with the current employer compulsory?
    How much time does it take if she goes for premium processing and what documents would she need from the new employer(incase the transfer is pending by the time she goes to India)?

    Looking forward for some suggestions.


    09-18 09:59 AM
    Don't worry, the same thing happenned with my wife (labor approval lost in mail) and it took her 3 months for 140 approval. For me, everything was fine and it took 6 months for 140 approval - isn't USCIS the best part of the American experience?:mad:

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