Monday, June 27, 2011

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  • cygent
    06-02 06:14 PM
    pbojja, you have contradicted yourself. In 1) you say "No need to File for 140";
    Then in 3) you say "They approve Faster in a month" - Which does not make sense if you don't file right?

    Could you enlighten us? Also, what do you mean by Happy & Unhappy scenario, only one of them as to be the legit way, no?

    Happy Scenario

    1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application - No need to File for 140

    3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster. -- They approve Faster in a month





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  • priderock
    08-16 12:29 PM
    yes it will be funny if any of Exceed employee working in backlog center is also affcted by backlog of his labor application there.

    If there are any, they must have talked to some one and got it approved by now, because there is no order in approvals any way... :)





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  • Krilnon
    11-10 10:31 PM
    I suspect that you're fine because it's still the 10th (and it'll be the 10th for a few hours more in Kirupa's timezone)!





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  • nepaliboy
    05-17 04:37 PM
    Its a worth to try..give it a shot..take Infopass or call nation server center etc..

    i took infopass last week and went to atlanta to see io he shedule my fingerprint appointment for may 28 2008 and told me i will receive apointment letter with in one week and i am waiting for letter.
    i called service center 3 times open 3 sr request for finter print appointment but nothing happen so i took infopass last week so it good idea to take infopass .



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  • mnkaushik
    07-19 08:20 AM
    I am not entirely sure but there is a provision called "Follow to Join" that allows you to apply for spouse's 485, 6 months after your 485 is approved. The only condition you need to satisfy is that you should have married your spouse before your 485 approval date. Ask your lawyer about it. I think you should be fine. About legal status since your spouse's 485 is rejected and ur h1 is invaldiated due to your 485 approval, i dont know and you need to aks your lawyer about it.





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  • mhtanim
    11-12 03:16 PM
    http://mexico.usembassy.gov/eng/evisas_third_country.html

    I wonder if 3rd country nationals were allowed to apply for a visa in the past in Mexico.

    I came into the U.S. 8 years ago on F1 visa, graduated, found a job and got status changed to H-1B. It's odd to see people like me will not be allowed to apply for a H-1B visa in Mexico.



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  • sanjay
    02-23 10:35 PM
    As far as I know, there is no "filing of AC21 with an attorney". Please be more specific as this is not clear.

    AC21 is something on basis of which you can change employer. If you get an RFE than you simply have to prove that you used AC21 to change employer. That's it.

    Some people proactively send a letter to USCIS informing that they are using/have used AC21 to change their employer. But based on various attorneys feedback, opinion is that USCIS does not really use that letter for anything if sent proactively just to inform USCIS that you are using AC21.

    I took a new job and transferred my H1B with new employer. But my GC process is with the same old employer and his attorney. Do I now have to file AC21 ? I changed my job with new responsibilities.





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  • gjoe
    01-04 09:24 AM
    I guess they still send a request to DOS for visa number for that case and they would turn it back saying no visa available. From this point on it is a grey area, it goes into the storage at USCIS. The next attempt for a visa number for your application happens only when USICS visits all the files in their storage again.

    All that I have mentioned above are just my guess based on the trends I see at various forums.

    hi gjoe,
    thanks for your reply. now EB3 Priority dates are gone back to 2001. say there is no visa numbers available after the 485 applications processed which are submitted in july and aug 2007. then waht they do? they have to keep the processed applications aside untill the visa numbers available right? so at that time which one become priority is Labour filing date or 485 RD?



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  • map_boiler
    07-18 09:26 AM
    I don't understand why you don't want to depend on I-485 as the only source? If it is a straight forward case, there should be no issues. Your husband can be on EAD and there is no need for him to be on a "365 day exile", as you put it. Unless of course, you're worried that the labor sub I-140 could be denied?



    I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.

    I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.

    I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?





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  • laborfd
    07-23 02:32 PM
    Hi
    Just to know who signed ur I-485 at NSC

    There is no point in tracking. waste of time. Why in the world u want to do this unfruitful thing. :mad:



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  • canmt
    11-16 08:46 AM
    The term permanent does not mean forever; after you apply AC21 and inform USCIS regarding your intent to change employer you can stop worrying about working for the gc sponsored employer.

    But if you stick with your gc sponsored employer till you get your green card; then you cannot use AC21. It is not clear as to how long you need to work for the gc sponsored employer. Most of the lawyers say 1 year is a good time to change employer after getting gc but there is no law binding on such things.





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  • ronhira
    10-05 03:08 PM
    not bad..... not bad at all....

    when u want to make any change anywhere...... the most difficult bunch of people will be u r own.... they will be the most difficult to convince..... and no matter what you do.... u r own kind will be the first to fault u...... if you can deal with it...... if you can see beyond that..... u'll find u r work is much easier that u imagined......



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  • pbojja
    04-23 10:52 AM
    My case transfer status clearly indicated that it was transfered to TSC.





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  • ramaonline
    06-27 03:04 PM
    There is no grace period for finding a new h1b employer - but generally USCIS overlooks gaps of 1-2 months between employment assuming you are able to transfer your H1B to another employer soon

    You can download the employer database from this link and apply to prospective employers - This will help in your job search

    FLCDataCenter.com (http://www.flcdatacenter.com/CaseH1B.aspx)



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  • Saralayar
    08-11 03:43 PM
    What exactly does it mean when you say "Use the EAD"? My H1 is valid for next 3 yrs and i dont want to use the EAD (hopefully I'll get it), how do I make sure I dont use the EAD. Does it cause confusion in port of entry when you have both a vlid H1 stamping and EAd and AP?


    thanks.
    At the time of your entry, if your I 485 is approved, then use your EAD t enter into US. Otherwise, just use your valid H1B visa to enter US.





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  • Irs
    02-10 01:43 PM
    key note....Document and have everything in writing/email/recording...



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  • neoneo
    07-17 12:26 AM
    My 140 was filed last week and I don't have the receipt number. Can I file 485 without I140 receipt number?

    Ask yourself.. how do people file concurrently ?! .. the only problem will be if your I-485 comes for review before I-140 is cleared. Then you'll get a notice for denial since I-140 is not approved. But what are the chances of that happening in todays scenario unless you have a very old PD>


    check it out with ur attorney.





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  • sunny02
    08-18 01:35 PM
    Hi Everyone,

    Have a question

    My wife came to USA on H4 (2007), we have applied for H1 this year(2008)and is it approved (we did not received the petition yet). She has to travel back to india for a month from (Sep 08 - Mid Oct08). I am concerned about the issues/status when she enters back in USA. Her H4 is valid till Sep-2009.

    1) Can she go back on H4 visa and return back with the same H4 visa. Will she be having any issues at the Immigartion officer at port of entry. If so, what type of questions she has to face?

    2)After coming back, will her H1 have any issues ?

    What would be the best thing to do .. I am really worried about this status issues.

    Can any one of you pls let me know how to face this .





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  • apt29
    08-17 02:59 PM
    Thanks Kondur_007,
    I thought the same about the officer . Now , am in the second category..Have an H1 but my i94 is on H4 stamping ..I hold an Indian passport , do you know if i should get the H1 stamping (first time stamping) in India or can i conveniently get it done in Canada?

    Once get a job offer, or intended join date:

    You need to do a Change of Status from h4 to h1 with USCIS again. Your Lawyer should have more details about it. At that time you get a H1 papers with I94 attached and extended. You can get a ssn, once the H1 becomes active. Cannot get SSN for future effective date H1.





    eilsoe
    10-02 01:17 PM
    Actually, my secret is a tutorial i downloaded a million yeras ago, I just never tried it because it scared me. :P

    The tutorial is nearly impossible to do, because the author doesn't tell you how to make the starting blob...

    But i tried to make something in 3dsmax, and worked from there, and this is how it turned out...





    pappu
    07-02 09:39 AM
    I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.
    Once you go out of the country without filing 485 or getting EAD after 485. Your 140 and LC is still valid (provided the employer has not cancelled it). If the job and position for you still exists in the company (and the company wants you for employment), you can file 485 from anywhere and go for councellor processing.



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